reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-2 - Description of Program

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Legislature of West Virginia has created and
				  established the West Virginia Technology-Related Assistance Revolving Loan Fund
				  For Individuals With Disabilities from which the board shall make available
				  loans ranging from a minimum of $500.00 to a maximum of $5,000.00 for the
				  purchase of technology-related devices or directly related services that will
				  assist the borrowers with disabilities to overcome barriers of daily
				  living.
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-3 - Terms of Program Loans

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Collateral. The Board may require any collateral that is
				  available, including, in appropriate cases, a security agreement in personal
				  property, or personal guarantees. Except as specifically approved by the Board,
				  collateral shall be located within the State of West Virginia.
3.2. No Refinancing. The Board may not enter into a loan
				  agreement with an eligible borrower to refinance any existing
				  indebtedness.
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-4 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The borrower shall use the loan proceeds for the
				  purchase of technology-related devices or services which will:
4.1.a. Assist him or her to be independent through the
				  purchase; and
4.1.b. Assist him or her to become a more independent member
				  of the community and improve his or her quality of life within the
				  community.
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-6 - Action by the Application Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. After the application is complete and the applicant has
				  had an opportunity to support the application with any further information
				  requested by the Application Committee or which the applicant determines will
				  further support the loan request, the Application Committee shall prepare an
				  analysis of each application. The analysis shall be presented to the Board
				  within fifteen business days of the Board's receipt of the applicant's credit
				  check. The analysis shall contain the following:
6.1.a. A loan summary;
6.1.b. A statement of the strengths and weaknesses of the
				  proposed loan; and
6.1.c. Any other information the Board may require.
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-7 - Board Action

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A quorum of at least four active Board members is
				  necessary for Board action. No Board member may participate in a vote on an
				  application where that member has a direct or indirect pecuniary interest in
				  the outcome of the vote. The Application Committee is responsible for insuring
				  that the action of the Board is carried out.
7.2. No loan commitment is effective until the applicant and
				  any co-applicants or guarantors have signed it and agreed to its terms.
7.3. The Board shall notify the applicant within three
				  business days of its decision regarding the application and provide a statement
				  of the basis of its findings by either:
7.3.a. Issuing a loan commitment, including terms and
				  conditions of the loan; or
7.3.b. Issuing a letter of rejection, which shall include an
				  explanation for the rejection and a notification of the right to appeal as
				  provided in this rule.
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-8 - Default

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A loan is in default when any payment is 30 days past
				  due or upon the occurrence of any event of default as defined in the loan
				  documents. When a loan is in default, the Board shall notify the borrower that
				  the borrower has 30 days in which to cure the default. If the borrower fails to
				  cure the default within 30 days, the Board shall take all appropriate action
				  provided under law and the loan documents. In determining the appropriate
				  action, the Board shall consider:
8.1.a. The impact of enforcement and collection on the
				  borrower; and
8.1.b. The likelihood that the loan will be repaid if a
				  waiver or extension is granted.
West Virginia Code of State Rules › Agency 193 - Technology-Related Assistance Revolving Loan Fund For Individuals with Disabilities Board › Title 193 - LEGISLATIVE RULE WEST VIRGINIA TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES BOARD › Series 193-01 - WV Technology Related Assistance Revolving Loan Fund For Individuals with Disabilities › Section 193-1-9 - Requests for Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In the event that the application is rejected by the
				  Board, the applicant may make a request for reconsideration of the application
				  to the Board. An applicant shall direct requests to the chairperson of the
				  Board, or his or her designee, stating why the decision should be modified or
				  reversed. An applicant shall submit a request for reconsideration within 20
				  calendar days of the date of the rejection letter. A reconsideration shall be
				  heard at a meeting of the Board. The Board shall base its reconsideration on
				  the record before the Board on the date of rejection. The decision of the Board
				  is final.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-01 - General Provisions › Section 194-1-5 - Relating to the Practice of Telehealth

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board will not issue a license for
				the practice of telehealth for massage therapy due to being an in person and
				hands on profession.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-01 - General Provisions › Section 194-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for conducting the business of the Board, as well
				as establishing licensing procedures.
1.2. Authority. -- W. Va. Code §
									30-37-6.
1.3. Filing Date. -- May 1, 2024.
1.4. Effective Date. -- May 1,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2034.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-01 - General Provisions › Section 194-1-2 - Massage Therapy Board Fund; Expenses; Disposition of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All fees shall
				be made payable to the West Virginia Massage Therapy Licensure Board and
				deposited by the Board in its account established in the state treasurer's
				office.
2.2. Members of the Board
				shall receive the following compensation for their administration of the Board:
2.2.a. The members of the Board shall receive
				the same compensation and expense reimbursement for their services as is paid
				to members of the Legislature for interim duties as recommended by the citizens
				legislative compensation commission and authorized by law for each day or
				portion of a day that the Board member engaged in the discharge of official
				duties.
2.2.b. The member may be
				reimbursed for his or her actual and necessary expenses incurred for each day
				or portion of a day that the Board member is engaged in the discharge of
				official duties in a manner consistent with the guidelines of the travel
				management office of the department of administration.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-01 - General Provisions › Section 194-1-3 - Requirements for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application for licensure.
3.1.a. The Board
				shall furnish any person requesting an application for a license or temporary
				permit the necessary forms, and any other information or questionnaires
				required by the Board;
3.1.b. The
				application forms shall be designed to require the information necessary to
				satisfy the Board that all requirements pertaining to the W. Va. Code are being
				fulfilled; and shall require the applicant to provide the following:
3.1.b.1. All relevant personal information as
				determined by the Board;
3.1.b.2.
				An official transcript proving graduation from a program of massage therapy
				education approved by a state agency in another state, the District of Columbia
				or a United States territory which approves educational programs, and which
				meets qualifications for the National Certification Exam administered through
				the National Certification Board for Therapeutic Massage and Bodywork prior to
				February 1, 2015 or the West Virginia Council for Community and Technical
				Colleges, West Virginia Department of Education or any Board approved massage
				education both requiring a diploma from an accredited high school or the
				equivalent and completion of at least six hundred twenty-five (625) hours of
				supervised academic training;
3.1.b.3. Proof of the successful completion
				of the National Certification Board for Therapeutic Massage and Bodywork
				(NCBTMB) exam prior to February 1, 2015; and
3.1.b.4. All applicable fees as set forth in
				194CSR4;
3.1.c. A license
				expires two (2) years from the end of the month it was
				issued.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish procedures for hearings before the
				Board.
1.2. Authority. -- W. Va.
				Code ''30-37-1 et seq., 30-1-1 et seq. and 29A-5-1 et seq.
1.3. Filing Date. -- December 29,
				1998.
1.4. Effective Date. --
				January 28, 1999.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in these rules shall
				  have the following meanings.
2.1.
				"Board" means the West Virginia Massage Therapy Licensure Board.
2.2. "Demanding party" means an individual
				who has been denied a license to practice massage therapy by the Board and who
				demands that the Board hold a hearing on the denial.
2.3. "Charged party" means an individual who
				holds a license to practice massage therapy issued by the Board and who has
				been charged by the board as described in subsections 3.3 and 3.4 of section 3
				of these rules.
2.4. "Licensee"
				means an individual who holds a license to practice massage therapy issued by
				the Board.
2.5. "Chair/Chairperson"
				means chair/chair­person of the Board.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-4 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be recorded by
				stenographic notes or by mechanical means.
4.2. All recorded materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the recorded testimony and evidence.
4.3. Upon motion of the Board or any party
				assigning error or omission in any part of a transcript, the Board or its
				appointed hearing examiner shall settle all differences arising as to whether
				the transcript truly discloses what occurred at the hearing, and shall direct
				that the transcript be corrected and/or revised as appropriate so as to make it
				conform to the hearing.
4.4. A
				transcript of the hearing shall be provided to all members of the Board for
				review at least ten (ten) days before the Board's vote is taken on its decision
				in any licensure or licensure disciplinary matter.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
Any party may submit proposed findings of fact and
				  conclusions of law at a time and in a manner designated by the Board or its
				  appointed hearing examiner.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-6 - Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may appoint a hearing examiner who shall be empowered to subpoena
				witnesses and documents, administer oaths and affirmations, examine witnesses
				under oath, rule on evidentiary matters, hold conferences for the settlement or
				simplification of issues by consent of the parties, cause to be prepared a
				record of the hearing so that the Board is able to discharge its functions, and
				otherwise conduct hearings.
6.2.
				Hearing examiners appointed by the Board are not authorized or empowered to
				grant, suspend, revoke or annul any license.
6.3. The hearing examiner shall prepare
				recommended findings of fact and conclusions of law for submission to the
				Board. The Board may adopt, modify or reject the hearing examiner's findings of
				fact and conclusions of law.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-7 - Conferences: Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At any time prior to the beginning of
				the hearing or thereafter, the Board, its designee or its appointed hearing
				examiner may hold conferences for the following purposes:
a. To dispose of procedural requests,
				prehearing motions or similar matters;
b. To narrow or settle issues by consent of
				the parties; or
c. To provide for
				the informal disposition of cases by stipulation or agreement.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
Evidentiary depositions may be taken and read or otherwise
				  included into evidence as in civil actions in the circuit courts of this
				  State.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-9 - Subpoena

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1 Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by the Board, the Board's designee, or by
				the hearing examiner appointed by the Board. Subpoenas shall be issued pursuant
				to W. Va. Code '29A-5-1(b).
9.2. Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum must be received by the Board no
				later than ten (10) days before a scheduled hearing. Any party requesting the
				issuance of subpoenas or subpoenas duces tecum is responsible for having them
				properly served in accordance with W. Va. Code '29A-5-1(b).
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board following a hearing conducted by these rules shall
				be entered within 45 days following the submission to the Board of all
				documents and materials necessary for the proper disposition of the case,
				including transcripts, and shall contain findings of fact and conclusions of
				law, pursuant to W. Va. Code ''29A-5-3 and 30-1-8(d). .
10.2. The findings of fact and conclusions of
				law must be approved by a majority of the Board either by a poll or vote as a
				regular meeting, before a final order is entered. A copy of the final order
				approved by a majority of the Board shall be served upon the demanding or
				charged party and/or his attorney of record, if any, within five (5) days after
				entry by the Board by personal service or by registered or certified
				mail.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order entered in accordance with
				  these rules shall comply with W. Va. Code '30-1-9.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-02 - Hearing Procedures › Section 194-2-12 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of this rule, or the application thereof, to
				  any person or circumstance is determined to be invalid, the invalidity shall
				  not affect the provisions or applications of this rule which can be given
				  effect without the invalid provision or application, and to this end, the
				  provisions of this rule are severable.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-03 - Disciplinary And Complaint Procedures For Massage Therapists › Section 194-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish procedures for the investigation and
				resolution of complaints against massage therapists.
1.2. Authority. -- W. Va. Code ''30-1-1 et
				seq. and 30-37-6 which permits the Board to propose rules and fees for
				licensure, renewal of licensure continuing education requirements standards of
				practice and all related matters.
1.3. Filing Date. -- December 15,
				2000.
1.4. Effective Date. --
				January 15, 2001.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-03 - Disciplinary And Complaint Procedures For Massage Therapists › Section 194-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed massage
				  therapists.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-03 - Disciplinary And Complaint Procedures For Massage Therapists › Section 194-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1 "Licensee" means an individual who holds
				a license to practice massage therapy issued by this Board
3.2. "Board" means the West Virginia
				MassageTherapy Licensure Board.
3.3. "License" means a license by the Board
				pursuant to W. Va. Code '30-37-1.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-03 - Disciplinary And Complaint Procedures For Massage Therapists › Section 194-3-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Massage Therapists

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may deny an application for license, place a
				  licensee on probation, limit or restrict a license, suspend a license or revoke
				  any license issued by the Board, upon satisfactory proof that a licensee has
				  been convicted of a felony or is, in his or her professional capacity, engaged
				  in conduct, or committed other acts, practices or acts constituting
				  professional negligence or a willful departure from accepted standards of
				  professional conduct in violation of W. Va. Code '30-37-8 or the rules
				  of the Board.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-03 - Disciplinary And Complaint Procedures For Massage Therapists › Section 194-3-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				person, firm, corporation, member of the Board, or public officer may make a
				complaint to the Board in writing or in person which charges a massage
				therapist or applicant with a violation of W. Va. Code '30-37-8 or rules of
				the Board. The Board may accept an anonymous complaint if the information
				provide adequate to begin an investigation. The Board may provide a form for
				that purpose, but a complaint may be filed in any written form. In addition to
				describing the alleged violation which prompted the complaint, the complaint
				should contain the following:
5.1.1. The name
				and address of the massage therapist against whom the complaint is
				lodged;
5.1.2. The date of
				care;
5.1.3. The name of any person
				who may treated the patient after the alleged incident; and,
5.1.4. The name of any health care
				institution in which the patient was an inpatient or outpatient after or during
				the alleged incident.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-03 - Disciplinary And Complaint Procedures For Massage Therapists › Section 194-3-6 - Contested Case Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Board may refuse to renew a license or suspend a license if it determines there
				is probable cause to believe that massage therapist conduct, practices or acts
				constitute an immediate danger to the public.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-03 - Disciplinary And Complaint Procedures For Massage Therapists › Section 194-3-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any applicant
				who has had his or her application for a license denied by order of the Board
				may appeal the order within thirty (30) days of that action in accordance with
				the contested case hearing procedures set forth in W. Va. Code '29A-6-1
				et seq. and the rules of the Board: Provided, that the appeal shall not include
				cases in which the Board denies a license or certificate after an examination
				to test the knowledge or the ability of the applicant where the controversy
				concerns whether the examination was fair or whether the applicant passed the
				examination.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-04 - Schedule of Fees › Section 194-4-3 - Establishment License Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Application fee for an establishment license -- ($100.00) - a non-refundable
				fee to be paid at the time of application for the initial two (2) year
				establishment license.
3.2. Two (2)
				year establishment license renewal fee -- ($100.00) - a fee to be paid prior to
				the issuance of the license. This fee must be received by the end of the month
				of the renewal year before the license expires. This fee is non-refundable
				after issuance of the license.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-04 - Schedule of Fees › Section 194-4-4 - Payment of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All fees and
				any money to be paid to the board shall be on a personal bank check, a
				certified check, or by money order. The board may not accept cash
				payments.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-04 - Schedule of Fees › Section 194-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the schedule of fees for the Massage Therapy Licensure
				Board.
1.2. Authority. -- W. Va.
				Code §
									30-37-6 and W. Va. Code §
									30-37-13.
1.3. Filing Date. -- May 1, 2024
1.4. Effective Date. -- May 1, 2024
1.5. Sunset Provision - This rule
				shall terminate and have no further force or effect on August 1,
				2034.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-04 - Schedule of Fees › Section 194-4-2 - Licensure and Administrative Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Each applicant for licensure is responsible for paying the appropriate fees
				specified in this rule.
2.2. The
				fees authorized to be established by the Board and necessary to the operation
				of the Board are as follows:
2.3.
				Application fee -- ($50.00) -- a non-refundable fee to be paid by all
				applicants for a massage therapy license including those seeking a reciprocal
				license or to re-apply for a license.
2.4. Two (2) year license fee -- ($300.00) --
				a fee to be paid at the time of application for initial or reciprocal license.
				This fee does not include the fifty dollars ($50.00) application fee. This fee
				is non-refundable after issuance of a license.
2.5. Two (2) year licensure renewal fee --
				($200.00) -- a fee to be paid prior to the issuance of the license. This fee
				must be received by June 30 of the renewal year or by the end of the month
				before the license expires. This fee is non- refundable after issuance of
				license.
2.6. Late fee -- ($50.00)
				-- a non-refundable fee to be paid when a licensee fails to submit application
				and fees on or after July 1 or the date the license expires. This is in
				addition to the other required fees.
2.7. Duplicate or replacement license fee --
				($25.00) -- a non-refundable fee to be paid when a licensee requests a
				replacement for a lost or destroyed license, renewal or duplicate license or a
				license request due to a name change.
2.8. Certified statement fee -- ($30.00) -- a
				fee to be paid at the time of request the Board verify that a licensee is
				licensed in West Virginia.
2.9.
				Failure to report change of address fee in writing fee -- ($25.00) -- a fee
				that is to be paid by the applicant when he or she has failed to notify the
				Board in writing within thirty (30) days of changing his or her
				address.
2.10. Re-application fee
				-- ($300.00) -- a fee to be paid when re-applying for licensure after the
				license lapsed sixty days after the expiration date of the license.
2.11. Failure to report name change in
				writing fee -- ($25.00) -- a fee that is to be paid by the applicant when he or
				she has failed to notify the Board in writing within thirty (30) days of
				changing their name.
2.12. Roster
				fee -- ($100.00) -- a fee that is to be paid by at the time of the request for
				a copy of the roster of current licensees.
2.13. Photocopy per page fee -- a ($.50) per
				page photocopying fee shall be paid at the time information is requested.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 194-5-1 - 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 §
									30-37-6.
1.3. Filing Date. -- April 16, 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 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 194-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Board means
				the West Virginia Massage Therapy Licensure Board.
2.2. MTLB-LIW means the Massage Therapy
				Licensure Board waiver form to request a waiver of the licensing fee for low
				income individuals as authorized by W. Va. Code subsection §
									30-1-23.
2.3. MTLB-MFW means the Massage Therapy
				Licensure Board waiver form to request a waiver of the initial licensing fee
				for military service members and their spouses as described in W. Va. Code
				subsection §
									30-1-23.
2.4. "Initial" means obtaining a license in
				West Virginia for the practice of massage therapy for the first time.
2.5. "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.
2.6. "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.
2.7. "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.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 194-5-3 - 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 §
									30-37-1
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(LIW) of the initial licensure fee for licensure as a professional
				massage therapist 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 (MFW)of
				the initial licensure fee for licensure as a professional massage therapist 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 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-05 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 194-5-4 - 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 licensing fees for low income or military
				service personnel and their spouses, an applicant shall submit to the Board
				with the application for initial licensure waiver MTLB-LIW or MTLB-MFW form and
				the appropriate documentation as specified in this section.
4.2. To establish low income eligibility for
				an 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 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 194-6-1 - 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 §
									30-37-6.
1.3. Filing Date. -- April 16, 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 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 194-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the Massage Therapy Licensure Board established pursuant to W. Va. Code §
									30-37-1.
2.2. "Initial license" means obtaining a
				license in West Virginia for the practice of massage therapy for the first
				time.
2.3. "License" or "licensure"
				means the official authorization by the board to engage in the practice of
				massage therapy.
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 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 194-6-3 - Rational nexus to the practice of massage therapy

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 massage therapy. In determining whether a criminal
				conviction bears a rational nexus to the practice of massage therapy, 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 massage therapist; and
3.1.4. Any evidence of rehabilitation or
				treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 194-6-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Notwithstanding any other provision of the West Virginia Code to the contrary,
				if an applicant has been denied licensure because of a prior criminal
				conviction, the board shall permit the applicant 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 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-06 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 194-6-5 - 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 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 massage therapy.
5.4. The board shall provide the
				determination within 60 days of receiving the petition from the
				applicant.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-07 - ESTABLISHMENT LICENSURE › Section 194-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the policies and procedures for obtaining and renewing an
				establishment license issued by the Massage Therapy Licensure Board.
1.2. Authority. -- W. Va. Code §
									30-37-6 and W. Va. Code §
									30-37-13.
1.3. Filing Date. -- May 1, 2024
1.4. Effective Date. -- May 1, 2024
1.5. Sunset Provision -- This rule shall
				terminate and have no further force or effect on August 1, 2029.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-07 - ESTABLISHMENT LICENSURE › Section 194-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Massage
				establishment" means a place of business wherein massage therapy is practiced,
				with a physical site or premise, including mobile sites, licensed as required
				by this article, in which licensed massage therapists are employees, partners,
				or contractors practicing massage therapy on clients.
2.2. "Sole practitioner" means a licensed
				massage therapist who is licensed pursuant to this article, who is not an
				employee or contractor of the sole practitioner or an establishment, and who
				provides massage therapy to clients at a specific location including, but not
				limited to, a rental space, home office space, offsite, or onsite
				space.
2.3. "License" or "Massage
				Establishment License" means a license issued by the West Virginia Massage
				Therapy Licensure Board to a business that offers massage therapy services for
				hire.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-07 - ESTABLISHMENT LICENSURE › Section 194-7-3 - Establishment License Required; licensee responsibilities and prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All massage
				establishments shall, on or before October 1, 2023, apply for a Board issued
				massage establishment license, on a form prescribed by the West Virginia
				Massage Therapy Licensure Board. After October 1, 2023, it shall be unlawful to
				operate a massage establishment without a board issued massage establishment
				license, unless exempt as provided by W. Va. Code §
									30-37-1
et. seq.,
and this rule.
3.2. A massage
				establishment license shall be renewed biennially on an application renewal
				form prescribed by the board, with the appropriate fee, and all of the required
				documentation.
3.3. Massage
				establishment requirements:
3.3.a. A massage
				establishment shall post, in a prominent location, the board administered
				establishment license, the state license of each licensed massage therapist
				employed by the establishment, and any business licenses required by any state,
				municipality or local governmental entity.
3.3.b. Properly maintain and secure for each
				client the initial consultation documents, all session notes, written consent
				documents, and related billing records; and
3.3.c. Maintain a current list of all
				establishment employees and/or contractors on the premises at all times which
				includes the full name of each employee or contractor, and the board issued
				massage therapy license number and expiration date of the license for each
				massage therapist.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-07 - ESTABLISHMENT LICENSURE › Section 194-7-4 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A place of
				business is not required to hold a massage establishment license under this
				article if:
4.1.a. The place of business is
				owned by the federal government, the state, or a political subdivision of the
				state, or otherwise offers massage services as authorized under any other state
				issued professional or occupational license; or
4.1.b. At their place of business, a licensed
				massage therapist practices as a sole practitioner,
Provided:
				that
the sole practitioner does not use a business name or assumed
				name; or the sole practitioner uses a business name or an assumed name and
				provides the massage therapist's full legal name or license number in each
				advertisement and each time the business name or assumed name appears in
				writing.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-07 - ESTABLISHMENT LICENSURE › Section 194-7-5 - Grounds for denying a license renewal, license suspension, or revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A licensee of
				a massage establishment may be disciplined, including the suspension or
				revocation of the license for cause, pursuant to the general provisions of W.
				Va. Code §
									30-1-1
et seq
.
				and §30-37-1
et seq.,
for violating any provision of this
				rule, or for violating any applicable state law, rule, or policy, and for
				violating any applicable local ordinance.
5.2. Disciplinary action shall be governed by
				the provisions of 194 CSR 2, Hearing Procedures.
West Virginia Code of State Rules › Agency 194 - Massage Therapy Licensure Board › Title 194 - LEGISLATIVE RULE MASSAGE THERAPY LICENSURE BOARD › Series 194-07 - ESTABLISHMENT LICENSURE › Section 194-7-6 - Massage Establishment License Holders Continuing Education requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				establishment license holders who are not licensed massage therapists, shall,
				beginning July 1, 2025, obtain two hours of continuing education on the laws
				and rules of massage therapy every two years, and shall provide the certificate
				of completion to the board by October 1, 2025, and submitted with the
				application for biennial renewal of the establishment license.
West Virginia Code of State Rules › Agency 195 - Educational Broadcasting Authority › Title 195 - PROCEDURAL RULE WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY › Series 195-01 - Organization Procedures › Section 195-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is being filed pursuant to W. Va.
				  Code ''29A-3-1 et seq. and 10-5-3. This rule establishes procedures governing
				  the organization of the Educational Broadcasting Authority, its committees and
				  meetings.
1.2. Authority. -- W. Va. Code ''29A-3-1 et seq. and
				  10-5-3.
1.3. Filing Date. -- February 10, 1999.
1.4. Effective Date. -- March 23,
				  1999.