reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-10 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All
				advertising shall comply with the requirements set forth in W. Va. Code
				§§
									30-6-1 et. seq.
10.2. A licensee, registrant or any other
				person, persons or business organization associated or in any way connected
				with n crematory shall not use or sponsor the use of any false, misleading,
				untrue or deceptive advertising in any manner.
10.2.1. If the words "Free," "Without Charge"
				or other words with similar connotations have the effect of misleading the
				public, the Board may consider the advertisement to be false and
				misleading.
10.2.2. Solicitation.
10.2.2.a. A licensee, registrant or any other
				person, persons or business organization associated or in any way connected
				with a crematory shall not offer any inducement, pecuniary or otherwise for
				employing solicitors, agents, canvassers or other persons for the purpose of
				securing or attempting to secure business, pursuant to W. Va. Code §§
											30-6-23(a)(9),
				30-6-23(a)(12)
				and 30-6-23(a)(13).
				These persons shall not call upon, telephone, write or cause, directly or
				indirectly, advertising literature to be sent to a sick or dying person as
				would tend to be considered non-general, selective or soliciting
				advertisements. A licensee, registrant or any other person, persons or business
				organization associated or in any way connected with a crematory shall not
				offer or accept bribes or kickbacks, direct or indirect.
10.2.2.b. The board shall not prohibit
				generalized advertising in newspapers, flyers, bulletins, pamphlets, leaflets,
				brochures, circulars, on television or radio, or on billboards; provided, that
				such generalized advertising shall not target sick or dying persons or a
				specific population or group.
10.2.3. The contents of the advertising shall
				include the name of the crematory, its address and telephone number and the
				name of the certified crematory operator in charge. The advertisement may also
				include a description of the types of services available and their prices and
				the service facilities of the advertiser as well as general information
				pertaining to his or her business.
10.2.4. A crematory which advertises any
				merchandise used in connection with his or her business shall carry in his
				stock a sample of the merchandise for a period of not less than thirty (30)
				days after advertisement publication and shall be able to meet any and all
				demands for such items, with no increase in price, for the stated period of not
				less than thirty (30) days.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-11 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Preserving
				confidentiality.
A licensee or registrant or his or her agents shall not
				  divulge any confidential or private information relating to the domestic life
				  in any home wherein they may be called upon to serve. This prohibition,
				  however, shall not prevent divulging information to any person legally
				  authorized to receive the information.
11.2. Exception.
Should any form of child abuse, child neglect, or elder abuse
				  be suspected or divulged, the licensee or registrant shall notify proper
				  authorities, including but not limited to local office of the West Virginia
				  Department of Health and Human Resources and local law enforcement. Failure to
				  do so shall result in disciplinary action, pursuant to W.Va. Code §§
										30-6-1 et seq.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-12 - Supervision

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Certified crematory operator in charge.
A crematory shall employee a certified crematory operator in
				  charge of and responsible for the day-today operation of the crematory. The
				  crematory operator in charge shall be a full time employee of the
				  crematory.
12.2. Absence in
				excess of thirty (30) days.
A crematory shall not go without the supervision of a
				  crematory operator in charge for a continuous period in excess of thirty (30)
				  days. The crematory shall notify the Board in writing within five (5) days of a
				  change in the status of the crematory operator in charge.
12.3. Arrangement conference.
12.3.1. A certified crematory operator shall
				be responsible for and generally supervise an arrangement conference.
12.3.2. A crematory shall not be responsible
				for arrangement conferences conducted by a licensed funeral
				establishment.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-13 - Necessary Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A
				crematory shall have the equipment for the conduct of cremating includes but is
				not limited to;
13.1.1. at least one
				commercially manufactured cremation unit, maintained in good working condition,
				and in accordance with the division of environmental protection legislative
				rules 45 CSR 13;
13.1.2. at least
				one commercially manufactured mechanical device or processor for grinding,
				crushing, or pulverizing cremated remains maintained in good working condition;
				and
13.1.3. an appropriate holding
				facility for dead human bodies awaiting cremation.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-14 - Permission to Cremate, Disclosure for Unclaimed Cremated Remains, Removing Objects from Body

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Written
				permission to cremate.
14.1.1 A crematory
				shall get a permit for cremation from the authorized representative who has the
				legal right to authorize the cremation, pursuant to W. Va. Code §
										30-6-21(a). If
				contracted by a funeral establishment to provide a-cremation, the crematory may
				get a copy of the permit to cremate from the funeral establishment contracted
				with the authorized representative, as the funeral establishment is responsible
				for performing this duty, pursuant to Title 6, Series 1 of these
				rules.
14.1.2. A crematory shall
				get a permit for cremation from the county medical examiner, assistant county
				medical examiner, or the county coroner in whose county jurisdiction death
				takes place as stated on the death certificate. If contracted by a funeral
				establishment to provide a cremation, the crematory may get a copy of the
				permit from the funeral establishment as the funeral establishment is
				responsible for performing this duty, pursuant to Title 6, Series 1 of these
				rules. The crematory may obtain authorization directly from the office of the
				chief medical examiner if:
14.1.2.a. the
				crematory has concerns following authorization by county personnel regarding
				the identity or cause of death of the decedent;
14.1.2.b. in cases where the crematory is
				unable to contact the county medical examiner, assistant county medical
				examiner, or county coroner of the county in which death takes place as stated
				on the death certificate, pursuant to the provisions of W. Va. Code
				§§
											61-12-1 et. seq. and 30-6-1 et.
				seq.
14.1.3. The
				crematory operator shall not cremate a dead human body prior to receiving
				permissions prescribed in this section.
14.1.4. The crematory shall retain documents
				prescribed in this section, pursuant to the provisions of section 19 of this
				rule.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-15 - Identification of a Dead Human Body

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A crematory shall develop, implement,
				and maintain a written procedure for identification and tracking of a dead
				human body and cremated remains whereby the dead human body or cremated remains
				can be identified from the time the crematory accepts delivery of the body
				until the cremated remains are released to an authorized representative. This
				procedure shall include:
15.1.1. the
				assignment of a reference number to the decedent, which number shall be written
				on all paperwork and shall be designed to reasonably ensure that the proper
				body is cremated and that the cremated remains are returned to the appropriate
				authorized representative.
15.1.2.
				tagging the body at the time of delivery with the name and social security
				number of the decedent and the reference number prescribed in subsection
				15.1.1. of this section. The temporary tag shall remain on the body until the
				body is placed in the cremation chamber, at which time the crematory operator
				shall remove this tag and place it on or adjacent to the cremation unit. The
				crematory operator shall place this tag with the cremated remains upon removing
				the cremated remains from the cremation chamber. The crematory operator may
				replace this tag with the identification disk, tag, or label prescribed in
				subsection 15.2. of this section after processing the cremated remains in the
				mechanical processor.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-16 - Cremation services

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Cremation chamber for human remains.
The thermal crematory operator shall knowingly cremate only
				  dead human bodies in a cremation chamber, along with the cremation container
				  and a sheet or pouch utilized for disease control. The crematory shall, at
				  minimum, use a cremation container as a means of protecting the crematory
				  operator and providing dignity to the decedent. The crematory may charge for
				  the use of the cremation container.
16.2. Privacy.
16.2.1. Only authorized crematory personnel
				shall be permitted in the room which houses the cremation unit while a dead
				human body is in the cremation area awaiting cremation, in the cremation
				chamber, being removed from the cremation chamber, or being processed and
				placed in a cremated remains container.
16.2.2. If the family of the decedent wishes
				to view the body, the crematory shall designate an area for such use and which
				shall not be a part of the room which houses the cremation unit. The designated
				area shall be maintained in a clean and sanitary condition.
16.2.3. A crematory operator shall not
				interfere with traditional religious rituals or ceremonies. If a ritual or
				ceremony requires a family member to witness a cremation or start the cremation
				unit, the crematory operator shall, with utmost care and caution, directly
				supervise this ritual or ceremony, provide clear instructions to the family
				member about proper procedures, and inform the family member about what happens
				to a body as it is being cremated.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-17 - Release of cremated remains

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Following completion of a cremation, the cremated remains shall be released
				according to the instructions given on the written authorization to cremate. If
				the cremated remains are to be shipped, they must be securely packaged and
				transported via a method which has an internal tracking system available and
				which provides for a receipt signed by the person accepting delivery.
17.2. Where there is a dispute over release
				or disposition of the cremated remains, a crematory facility may deposit the
				cremated remains with a court of competent jurisdiction pending resolution of
				the dispute or retain the cremated remains until the authorized representative
				with the right to control disposition presents satisfactory indication that the
				dispute is resolved.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-18 - Storage and Disposal of Unclaimed Cremated Remains

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Unclaimed dead human bodies.
A crematory may contract with an embalmer to embalm an
				  unclaimed dead human body under the following circumstances.
18.1.1. If the crematory has made legitimate
				attempts to contact the next of kin or authorized representative without
				success within twelve (12) hours after the body was placed in its care, the
				crematory may contract with an embalmer to have the body embalmed after this
				twelve (12) hour period; provided that the crematory makes a record of such
				legitimate attempts to contact the next of kin or authorized representative;
				or,
18.1.2. If the crematory has
				made legitimate attempts to contact the next of kin or authorized
				representative without success and has reasonable belief that a body could be
				infected with a contagious or communicable disease, the crematory may contract
				with an embalmer to have the body embalmed immediately upon receipt of
				certification by a public health officer that the body is infected with a
				contagious or communicable disease. The crematory may contract with an embalmer
				to have the body embalmed prior to the end of twelve (12) hour period set forth
				in subsection 18.1.1. of this section if the body is certified as contagious by
				the public health officer.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-19 - Record-Keeping Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				Required records.
Every crematory shall create and maintain on its premises an
				  accurate record of every cremation performed. The record shall include all of
				  the following information:
19.1.1. The
				name of the person or other funeral establishment delivering the body for
				cremation;
19.1.2. The name of the
				deceased and the identification number assigned to the body;
19.1.3. The date and time of acceptance of
				delivery;
19.1.4. The name of the
				crematory operator(s) who operated the cremation chamber and mechanical
				processor operator;
19.1.5. The
				date, time and condition of the body before cremation;
19.1.6. The date and time that the body was
				placed in and removed from the cremation chamber;
19.1.7. The time and date that processing and
				internment of the cremated remains were completed;
19.1.8. The time, date, and manner of release
				of the cremated remains;
19.1.9.
				Documents supporting delivery or attempt to deliver cremated remains, including
				method of delivery and to whom the cremated remains were released;
19.1.10. A listing of objects removed from
				the deceased by the crematory operator prior to cremation;
19.1.11. Written authorization and the name
				and address of the authorized person;
19.1.12. The permit for cremation from the
				medical examiner and the date this form was presented to the operator of the
				crematory;
19.1.13. Transit or
				disposition permits; and
19.1.14.
				Documentation of embalming, if the crematory contracted with a licensed
				embalmer to embalm the body.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-20 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Inspection
				forms.
The Board shall produce an inspection report to use as a
				  guide while inspecting a crematory, a copy of which may be left with the
				  crematory at the conclusion of the inspection and a copy which shall be filed
				  in the office of the Board.
20.2. Right of inspection.
The Board, any of its members or any inspector duly
				  authorized, has the right to enter, without prior notice, a crematory during
				  normal business hours, for the purpose of inspecting the crematory.
20.3. Compliance.
The holder of a crematory license shall correct any
				  violations found during an inspection. The severity of the violation shall
				  dictate the time allotted for correction and is at the discretion of the person
				  conducting the inspection.
20.4. Areas of inspection.
The Board shall inspect at minimum the following:
20.4.1. Public areas, including restrooms,
				lounges, and individual offices;
20.4.2. Non-public areas, including
				refrigeration facilities, holding areas, cremation unit facilities and dressing
				rooms;
20.4.3. Documents,
				equipment, and materials prescribed in sections 6,7,8,9,10,14,15,16,18,19, and
				this section of this rule; and,
20.4.4. Medical waste disposal procedures and
				documents.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-21 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Fees paid to the Board are not
				refundable. All fees are payable to the West Virginia Board of Funeral Service
				Examiners (WVBFSE). All fees for licensure and renewals are prescribed is the
				Board's 6 CSR 7 Rule.
21.2. Lost or
				stolen licenses or certificates.
The Board shall print and promptly mail a new license or
				  certificate of registration, upon payment of a fee as prescribed in the Board's
				  6 CSR 7 Rule for each re-issuance.
21.3. Inspections.
The Board shall inspect a crematory and charge an inspection
				  fee for the following reasons:
21.3.1.
				When it is necessary for the inspector to conduct an additional inspection of a
				crematory found to be out of compliance with the provisions of W. Va. Code
				§§
										30-6-1 et. seq. and this rule
				during an inspection, the crematory shall pay a fee as prescribed in the
				Board's 6 CSR 7 Rule for each additional inspection.
21.3.2. When the inspector schedules an
				appointment for inspection and no one is present at the crematory for the
				inspection to be conducted and the inspector must return to the crematory on a
				subsequent date, the crematory shall pay a fee as prescribed in the Board's 6
				CSR 7 Rule for each occurrence. This fee shall only be charged if it is
				determined by the Board that the inspector was not at fault for the missed
				appointment. No fee will be charged if a crematory owner or operator or the
				registrant-in-charge contacts the inspector or the Board office before the
				scheduled appointment with a justifiable reason for his or her inability to be
				present for the appointment and can provide written documentation supporting
				his or her reason.
21.3.3. When a
				crematory has undergone renovations which are something other than routine
				maintenance or upgrades of equipment and which affects the cremation unit, the
				crematory shall pay a fee as prescribed in the Board's 6 CSR 7 Rule for an
				inspection before the Board issues the license.
21.3.4. When a crematory is newly constructed
				or has been purchased by new owners, the crematory shall pay a fee as
				prescribed in the Board's 6 CSR 7 Rule for an inspection before the Board
				issues the license.
21.3.5. When
				the holder of a crematory license fails to renew the license pursuant to
				section 23 of this rule, the crematory shall pay a fee as prescribed in the
				Board's 6 CSR 7 Rule for an inspection before the Board reinstates the
				license.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-22 - Correspondence with Board

Current through Register Vol. XLI, No. 28, July 12, 2024
To avoid inconsistency, all inquiries relating to any facet
				  of licensing requirements shall be directed, in writing, to the full Board
				  through its Executive Director. If any employee or member of the Board is asked
				  to provide information or interpretations, he or she shall refrain from
				  responding, but shall reduce the inquiry to written form and direct it to the
				  full Board through its Executive Director.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-25 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
Any violation of this rule constitutes grounds for the
				  refusal to renew, suspension or revocation of a license or certificate, or
				  other disciplinary action pursuant to W. Va. Code §§
									30-6-1 et. seq. or fines or
				  both
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-02 - Crematory Requirements › Section 6-2-26 - Certification for alkaline hydrolysis of human remains

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Any solid remains or residue remaining
				after alkaline hydrolysis shall be treated and disposed of as cremated remains
				under this article. Disposal of liquid waste shall be subject to all applicable
				health and environmental laws and regulations.
26.2. Human remains shall be hydrolyzed in an
				alkaline hydrolysis container and shall not be required to be hydrolyzed in a
				casket.
26.3. Unless specified
				otherwise by the manufacturer of the equipment used for alkaline hydrolysis,
				human remains may be hydrolyzed without first removing a pacemaker or
				defibrillator. Any other potentially hazardous implanted device or material
				shall be handled in accordance with applicable state laws and
				regulations.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-04 - Complaint And Hearing Procedures › Section 6-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule relates to the complaint and hearing procedures for all licensees and
				registrants.
1.2. Authority. -- W.
				Va Code ''30-6-3(i), 30-1-8(h), 30-6-8 and 30-6-14.
1.3. Filing Date. -- November 29,
				2000.
1.4. Effective Date. --
				January 1, 2001.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-04 - Complaint And Hearing Procedures › Section 6-4-2 - Complaint Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Any
				individual may make a complaint to the board concerning a licensee or
				registrant.
2.2. The board may
				accept an anonymous complaint if the information provided is adequate to begin
				an investigation.
2.3. The board
				shall accept a complaint in writing, by phone or in person. The board may
				provide a form for the purpose of submitting a written complaint, but shall
				accept a complaint if the information includes:
2.3.1. the alleged violation which prompted
				the complaint;
2.3.2. the name and
				address of the individual against whom the complaint is lodged;
2.3.3. the date or dates the incident or
				incidents occurred; and
2.3.4. the
				name or names of witnesses to the incident or incidents.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-04 - Complaint And Hearing Procedures › Section 6-4-3 - Public Hearing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Definitions.
3.1.1. Charged Party. For the
				purposes of this rule, the term Acharged party@ means an individual who holds a
				license or holds a certificate of registration issued by the Board and who has
				been charged by the Board as described in these rules.
3.1.2. Demanding Party. For the purpose of
				this rule, the term Ademanding party@ means an individual who has been denied a
				license or a certificate of registration by the Board and who, as a result,
				demands that a hearing be held before the Board on the issue of denial,
				suspension, or revocation.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 6-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for waiving the initial licensing fee for low
				income individuals and military personnel and their spouses.
1.2. Authority. -- W. Va. Code §
				30-1-23, and W. Va. Code §
									30-6-1, 6, 8, 9, 10, 11, 12, 13
				and 14.
1.3. Filing Date. - April
				28, 2020.
1.4. Effective Date. --
				April 30, 2020.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect
				upon the expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 6-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Funeral Service Examiners.
2.2. "BFSE-LIW" means the Board of Funeral
				Service Examiners Low Income Waiver form used to request a waiver of the
				initial licensing fee for low income individuals, as authorized in W.Va. Code
				§ 30-1-23.
2.3. "Initial
				license" means an individual applying for an apprentice license in West
				Virginia sought for the first time; first time application for a courtesy card
				or crematory operator's license.
2.4 "Local labor market" means every county
				in West Virginia, and any county outside of West Virginia if any portion of
				that county is within fifty miles of the border of West Virginia, pursuant to
				W.Va. Code § 21-1C-2.
2.5.
				"Low-income individual" means an individual in the local labor market as
				defined in W.Va. Code § 21-1C-2, whose household adjusted gross income is
				below 130 percent of the federal poverty line. This term also includes any
				person enrolled in a state or federal public assistance program including, but
				not limited to, the Temporary Assistance for Needy Families Program, Medicaid,
				or the Supplemental Nutrition Assistance Program.
2.6. "Military families" means any person who
				serves as an active member of the armed forces of the United States, the
				National Guard, or a reserve component as described in
				38
				U. S. C. §
										101, honorably discharged
				veterans of those forces, and their spouses. This term also includes surviving
				spouses of deceased service members who have not remarried.
2.7. "BFSE-MFW" means the Board of Funeral
				Service Examiners Military Family Waiver form to request a waiver of the
				initial licensing fee for military service members and their spouses as
				described in § 30-1-23.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 6-5-3 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may issue a license to an
				applicant who meets the requirements of W. Va. Code
				30-6-10
				EM style="mso-bidi-font-style:normal" et seq. and the rules promulgated by the
				Board, and the Board shall waive the initial licensure fee if the applicant
				qualifies as a "low-income individual" or as a member of one or more "military
				families" as defined in this rule
3.2. Low-income individuals, as defined in
				this rule, may seek a low income waiver (BFSE-LIW) of the initial licensure fee
				for licensure as a hearing aid dealer by submitting with their complete
				application a low-income waiver of initial licensure fee form, provided by the
				Board, and all required verification documents as prescribed by the Board. The
				Board shall review the application and issue a decision within 30 days of
				receipt of the complete application.
3.3. Military families, as defined in this
				rule, may seek a military family waiver (BFSE-MFW) of the initial licensure fee
				for licensure as a hearing aid dealer by submitting with their complete
				application a military service verification form, provided by the Board, and
				all required verification documents as prescribed by the Board. The Board shall
				review the application and issue a decision within 30 days of receipt of the
				complete application.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 6-5-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals
				requesting a waiver of initial licensure fees for low income or military
				service personnel and their spouses, shall submit with the application for
				licensure the initial licensure waiver BFSE-LIW or BFSE-MFW form and the
				appropriate documentation as specified in this section.
4.2. To establish low income eligibility for
				the initial licensing fee waiver, an applicant shall submit to the board
				evidence that the adjusted gross income of the household of the applicant is
				below 130% of the federal poverty level by submitting documentation of
				eligibility for:
4.2.1. Temporary Assistance
				for Needy Families Program;
4.2.2.
				Medicaid;
4.2.3. Supplemental
				Nutrition Assistance Program; or
4.2.4. A Federal Tax Return.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 6-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for consideration of prior criminal convictions in
				initial licensure determinations.
1.2. Authority. -- W. Va. Code §
				30-1-24, and W. Va. Code §
									30-6-1, 6, 8, 9, 10, 11, 12, 13
				and 14..
1.3. Filing Date. -- April
				28, 2020.
1.4. Effective Date. --
				April 30, 2020.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect
				upon the expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 6-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the Board of Funeral Service Examiners established pursuant to W. Va. Code
				§
									30-6-1
et
				seq
.
2.2. "Initial
				license" means obtaining a license in West Virginia for the practice of funeral
				services for the first time.
2.3.
				"License" or "licensure" means the official authorization by the board to
				engage in the practice of funeral services.
2.4. "Unreversed", as that term refers to a
				criminal conviction, means that a conviction has not been set aside, vacated,
				pardoned, or expunged.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 6-6-3 - Rational nexus to the practice of funeral service examiners

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The board may not disqualify an
				applicant from initial licensure because of a prior criminal conviction that
				remains unreversed unless that conviction is for a crime that bears a rational
				nexus to the practice of funeral services. In determining whether a criminal
				conviction bears a rational nexus to the practice of funeral services, the
				board shall consider at a minimum:
3.1.1. The
				nature and seriousness of the crime for which the individual was
				convicted;
3.1.2. The passage of
				time since the commission of the crime;
3.1.3. The relationship of the crime to the
				ability, capacity, and fitness required to perform the duties and discharge the
				responsibilities of a licensed funeral service examiner; and
3.1.4. Any evidence of rehabilitation or
				treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 6-6-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.. If an
				applicant has been denied licensure because of a prior criminal conviction, the
				board shall permit the application to apply for initial licensure if:
4.1.1. A period of five years has elapsed
				from the date of conviction or the date of release from incarceration,
				whichever is later;
4.1.2. The
				individual has not been convicted of any other crime during the period of time
				following the disqualifying offense; and
4.1.3. The conviction was not for an offense
				of a violent or sexual nature:
Provided,
That a conviction for
				an offense of a violent or sexual nature may subject an individual to a longer
				period of disqualification from licensure, to be determined by the board on a
				case by case basis.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 6-6-5 - Petition for licensure eligibility determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual with a criminal record who
				has not previously applied for licensure may petition the board at any time for
				a determination of whether the individual's criminal record will disqualify the
				individual from obtaining a license.
5.2. The petition shall be submitted on an
				application form prescribed by the board and shall include sufficient details
				about the individual's criminal record to enable the board to identify the
				jurisdiction where the conviction occurred, the date of the conviction, the
				date of the release from incarceration if applicable, and the specific nature
				of the conviction.
5.3. The
				applicant may submit with the petition for licensure eligibility evidence of
				rehabilitation, letters of reference, and any other information the applicant
				deems relevant to show fitness and the ability to practice funeral
				services.
5.4. The board shall
				provide the determination within 60 days of receiving the petition and the
				applicable fee from the applicant.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-07 - Fee Schedule › Section 6-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				Rule establishes a schedule for all fees paid to the West Virginia Board of
				Funeral Service Examiners for initial licensure for funeral service licensees,
				apprentice registration, crematory operators, courtesy card registration,
				funeral homes and crematories. All renewal fees, inspection fees, continuing
				education providers registration and program fees and other miscellaneous fees
				due the West Virginia Board of Funeral Service Examiners are also in this Rule.
				All fees are non-refundable.
1.2.
				Authority. - WV Code §
									30-6-6
1.3. Filing Date. - March 31, 2023
1.4. Effective Date. - April 1,
				2023
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect upon the expiration
				from August 1, 2033.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-07 - Fee Schedule › Section 6-7-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all funeral service licensees, funeral
				  directors, crematory operators, courtesy cards, apprentice, main and branch
				  funeral homes and crematories
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-07 - Fee Schedule › Section 6-7-4 - Fee schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1
Initial License/Registration Fees (Non-Refundable)
4.1.1. Main funeral home
$625.00
4.1.2. Branch funeral home
$440.00
4.1.3. Crematory
$440.00
4.1.4. Funeral services licensee
$200.00
4.1.5. Funeral director license
$200.00
4.1.6. Apprentice
$220.00
4.1.7. Crematory operator
$150.00
4.1.8. Courtesy card
$375.00
4.1.9. Mortuary service
$500.00
4.2.
The following fees are for biennial renewal fees and are
				non-refundable.
4.2.1. Main funeral home
$500.00
4.2.2. Branch funeral home
$345.00
4.2.3. Crematory
$440.00
4.2.4. Funeral services licensee
$250.00
4.2.5. Funeral director
$250.00
4.2.6. Apprentice
$220.00
4.2.7. Crematory operator
$150.00
4.2.8. Courtesy card
$375.00
4.2.9. Mortuary services
$500.00
4.2.10 Inactive license
$50.00
4.2.11. 6.2. Reactivation of Inactive License
$12.00 plus biennial renewal fee.
4.3
Late fees
4.3.1. The following
				fees will be assessed according to the renewal date.
4.3.1.a. Late fee on or after July 1 of the renewal
							 year
$190.00 plus the renewal fee.
4.3.1.b. Reinstatement fee after one (1) year
$350.00 plus the current renewal fee.
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-07 - Fee Schedule › Section 6-7-5 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
This section establishes the fees for re-inspections of
				  facilities.
5.1. Out of compliance inspection fee
$315.00
5.2. Missed appointment inspection fee -
							 1st occurrence
$315.00
5.3. Missed appointment inspection fee - subsequent
							 occurrences
$375.00
5.4. Facility after undergoing renovations
$315.00
5.5. Newly constructed or purchased by new
							 owner
$315.00
5.6. Fails to renew license before
							 reinstatement
$375.00
West Virginia Code of State Rules › Agency 6 - Funeral Service Examiners › Title 6 - LEGISLATIVE RULE BOARD OF FUNERAL SERVICE EXAMINERS › Series 6-07 - Fee Schedule › Section 6-7-6 - Other fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Returned check fee
$25.00
6.2. State Law Examination
$315.00
6.3. Law Examination Study packet
$95.00
6.4. Apprentice Handbook Replacement
$95.00
6.5. Continuing Education Provider Annual Fee
$150.00
6.6. Reinstatement of Crematory training provider
							 after revocation
$250.00
6.7. Re-issuance of license, pocket card,
							 registration or courtesy card
$30.00
6.8. Reciprocal license background check
$30.00
6.9. CE program within forty-five (45) days of
							 presentation
$50.00
6.10. Per page copying plus shipping / handling of
							 documents (FOIA)
$0.25
6.11. Change of License-in-charge or
							 Operator-in-Charge
$25.00
6.12. List of licensees / facilities
$150.00
6.13. License Verification
$30.00
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-01 - Examination, Licensure and Practice of Professional Engineers › Section 7-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth standards for the regulation and conduct of members, records,
				applications and examinations. This rule is binding upon persons applying and
				registered under W. Va. Code §
									30-13-1
				et seq. and is applicable to individuals or firms providing engineering
				services.
1.2.
Authority.
-- W. Va. Code §§
									30-13-9(a),
				13, 14, 15, 16(c) 17, 18, 19, 21.
1.3. Filing Date. -- May 5, 2022
1.4.
Effective Date.
--
				August 1, 2022
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2030.
1.6. Amendment of
				Former Rules. -- This legislative rule amends West Virginia 7CSR1 "Rules
				Governing The West Virginia Board of Registration for Professional Engineers"
				filed and effective April 1, 2020.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-01 - Examination, Licensure and Practice of Professional Engineers › Section 7-1-3 - EI and PE Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Types of Applications.
3.1.a. PE Application.
				A person applying to the Board for registration as a Professional Engineer
				shall pass the FE and PE examinations in accordance with § 7-1-5.2 and
				§ 7-1-5.3 of these rules and submit to the Board a completed application
				on forms prescribed by the Board.
3.1.b. EI Application. A person applying to
				the Board for certification as an Engineer Intern shall pass the FE examination
				in accordance with § 7-1-5.3 of these rules and submit to the Board a
				completed application on forms prescribed by the Board.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-01 - Examination, Licensure and Practice of Professional Engineers › Section 7-1-4 - Board Actions on Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Board shall take action on all submitted applications.
4.1.a. The application must be complete as
				set forth in § 7-1-3.4 of these rules before the Board considers the
				application.
4.1.b. The Board may
				approve, defer, or deny an application.
4.1.b.1. Approval. When an application is
				approved by the Board, it indicates that the applicant has met all the
				requirements for registration or certification required by the statutes of this
				state, and the Board shall grant the applicant a registration or certification.
				The Board shall notify the applicant of the approval.
4.1.b.2. Deferral. When an application is
				deferred by the Board, it indicates that the applicant must take further steps
				to meet the requirements for registration or certification required by the
				statutes of this state, and the Board shall retain the deferred application
				until the applicant submits the additional information required by the Board.
				The Board shall notify the applicant of the deficiencies.
4.1.b.3. Denial. When an application is
				denied by the Board, it indicates that the applicant has not met the
				requirements for registration or certification required by the statutes of this
				state, and the Board shall retain the denied application for one year and then
				may dispose of it. The Board shall notify the applicant of the
				denial.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-01 - Examination, Licensure and Practice of Professional Engineers › Section 7-1-5 - Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Examinations
				Generally.
5.1.a. Examination Dates and
				Locations. Examinations are offered on dates and at locations set by NCEES, and
				information regarding the schedule and locations of examinations is available
				from the Board and NCEES.
5.1.b.
				Language of the Examination. The language used in the examination is
				English.
5.1.c. Study Information.
				The Board or NCEES shall make available NCEES-published specifications for
				examinations, which shall not include copies of questions used on prior
				examinations. The Board may provide such other information available to
				examinees as may be lawful and helpful to the examinee.
5.1.d. Instructions for Examinees.
				Instructions provided prior to each examination shall declare an examination to
				be open or closed book. Materials permitted in the examination room shall be
				listed in the instruction information provided to each applicant by the Board
				or NCEES upon confirmation of their approval to take an examination.
5.1.e. Fees. Application and examination fees
				are listed in § 7-1-13.4 of this rule. All fees are non-refundable. The
				Board in accordance with Board policy may waive fees.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-01 - Examination, Licensure and Practice of Professional Engineers › Section 7-1-6 - Engineering Registration and Certification; Designations of Nonpracticing Status of Former Registrants

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Classifications of Registration. The Board shall register or certify a
				qualified applicant under one of the following classifications, of which only a
				professional engineer is qualified to practice or offer to practice engineering
				in West Virginia:
6.1.a. Professional
				Engineer;
6.1.b. Engineer Intern;
				or
6.1.c. Professional
				Engineer-Retired.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-01 - Examination, Licensure and Practice of Professional Engineers › Section 7-1-7 - Seals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Seal of the
				Board. The seal of the Board shall be affixed to each certificate of
				registration.
7.2. Seal of
				Registrant. When an applicant is granted registration he or she shall obtain an
				official seal of the size and design prescribed by the Board. The seal shall
				contain the following information:
7.2.a. The
				words "State of West Virginia";
7.2.b. The registrant's name;
7.2.c. The registrant's registration number;
				and
7.2.d. The words "Registered
				Professional Engineer."
7.2.e. The
				seal may be a rubber stamp, electronic or one that embosses.
7.2.f. The seal shall not reference any
				engineering branch/discipline.
The following is a sample of the suggested format:
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West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-01 - Examination, Licensure and Practice of Professional Engineers › Section 7-1-8 - Temporary Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
Any application for a temporary permit as authorized by W.
				  Va. Code §
									30-13-24(b)
				  will be processed as a comity application as set forth in § 7-1-3.4(c)
				  (1).