reglab/statecodes huggingface dataset:
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 7-1-9 - Expirations, renewals, and reinstatements to active status

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Expiration. PE registrations expire on
				December 31st of each even-numbered year and shall be re-designated as lapsed
				without further action by the Board after that date unless renewed in
				accordance with subsection 9.2 below.
9.2. Renewals.
9.2.a. The Board shall, during the month of
				November of every even-numbered year, send a renewal notice by electronic means
				or by mail to the last known address of every person currently registered by
				the Board. The notice shall indicate the expiration date of the PE registration
				and the amount of the renewal fee established by the Board.
9.2.b. The renewal form, which shall be
				completed and include documentation in compliance with Section 10 and any other
				applicable provisions of these rules, and the applicable fee, shall be received
				by the Board on or before the date of expiration appearing on the license being
				renewed.
9.2.c. Renewals postmarked
				or submitted online between January 1st to
				31st after the expiration date shall render the PE
				registration valid upon payment of the late fee set forth in § 7-1-13.5 of
				these rules.
9.2.d. Any renewal
				postmarked or submitted online on or after February
				1st after the expiration date will be rejected, any
				fee returned, and the registration will be re-designated as lapsed without
				further action 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 7-1-10 - Continuing Professional Competency

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. As a condition of registration renewal,
				every registrant shall show evidence that he or she obtained thirty (30)
				professional development hours (PDH's) during the previous two years.
10.2. Requirements. A registrant may earn
				PDH's by providing evidence of:
10.2.a.
				Successful completion of college courses;
10.2.b. Successful completion of continuing
				education courses;
10.2.c.
				Successful completion of on-line, correspondence, televised, videotaped, and
				other short courses or tutorials;
10.2.d. Actively participating in seminars,
				in-house courses, workshops, technical committees of professional engineering
				organizations, and professional conventions;
10.2.e. Teaching or instructing in the
				activities set forth in subsections 10.2.a. through 10.2.d. if such teaching or
				instruction is outside of the registrant's regular employment duties or if the
				registrant can document such teaching activity or instruction was newly
				developed and presented for the first time; or
10.2.f. Authoring published papers, articles,
				or books.
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 7-1-11 - Certificates of Authorization (COAs)

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. COA required; issuance. A COA is
				required to practice or offer to practice engineering in WV. The Board shall
				issue a COA to firms who have met all the requirements of the W. Va. Code
				§
									30-13-17
				and these rules promulgated under the Code to practice or offer to practice
				engineering in West Virginia. The certificate signed by the Board President
				shall show the firm's COA number and seal of the Board.
11.2. Classifications of Authorization. The
				Board shall certify a qualified firm under one of the following
				classifications:
11.2.a. Sole Proprietor with
				no employees who practices or offers to practice engineering for compensation
				or other tangible benefit or remuneration;
11.2.b. Firm with three or fewer Professional
				Engineers (regardless of PE's state of registration or licensure); or
11.2.c. Firm with four or more Professional
				Engineers (regardless of the PE's state of registration or
				licensure).
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 7-1-12 - Professional Responsibility

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Knowledge of Rules. All registrants are
				charged with having knowledge of the Rules of Professional Responsibility. The
				rules, and all proposed and adopted amendments to the rules, shall be available
				on the Board website.
12.2. Rules
				of Professional Responsibility. To comply with the Board's responsibilities,
				which are to safeguard life, health and property, to promote the public
				welfare, and to maintain a high standard of integrity and practice, the Board
				has developed the following Rules of Professional Responsibility set forth in
				this section. These rules supplement the provisions for professional
				responsibility prescribed in W. Va. Code §
									30-13-21
				and are binding on every registrant and firm.
12.2.a. All persons registered in West
				Virginia are required to be familiar with W. Va. Code §
										30-13-1
				et seq., this rule, and all applicable laws relating to the practice of
				engineering. The Rules of Professional Responsibility delineate specific
				obligations the registrant shall meet. In addition, each registrant is charged
				with the responsibility of adhering to standards of highest ethical and moral
				conduct in all aspects of the practice of engineering.
12.2.b. The practice of engineering is a
				privilege, as opposed to a right. All registrants shall exercise this privilege
				by performing services only in the areas of their competence according to
				current standards of technical competence.
12.2.c. Registrants shall recognize their
				responsibility to the public and shall represent themselves before the public
				only in an objective and truthful manner.
12.2.d. Registrants shall avoid conflicts of
				interest and faithfully serve the legitimate interests of their employers,
				clients, and customers within the limits defined by this rule. Their
				professional reputation shall be built on the merit of their services, and they
				shall not compete unfairly with others.
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 7-1-13 - Fees Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				fees listed in this section are payable to the West Virginia State Board of
				Registration for Professional Engineers unless charged by and payable to NCEES.
				Fees based upon NCEES charges may be obtained from the Board website or the
				NCEES website. Fees shall be paid by check, money order, credit card or
				electronic payment and are non-refundable.
13.2. Timing of Submission of Fees. Any PE
				registration or COA application fee received prior to October 1 will entitle
				the approved PE or COA to be placed in good standing through the current
				renewal period. Registration or COA fees received on or after October 1 shall
				be effective through the next renewal period.
13.3. Renewal Fees.
13.3.a. The Board shall notify each
				registrant or firm at least thirty days prior to the expiration date of the
				amount of the renewal fee for the next renewal period.
13.3.b. A registrant or firm shall pay
				renewal fees on or before December 31st of the year of expiration.
13.3.c. A renewal postmarked or submitted
				online between January 1 through 31 after the expiration date is considered
				late, and the Board shall assess a late fee set forth in subsection 13.4 of
				this rule.
13.3.d. Any renewal
				postmarked or submitted online on or after February
				1st will be rejected, any fee returned, and the
				registration or COA will be re-designated as lapsed without further action 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 7-1-14 - Board Enforcement, Investigations, Disciplinary Actions and Costs

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Enforcement.
				Any person or entity who violates any of the provisions of W. Va. Code §
									30-13-1
				et seq. or these rules is subject to the provisions of W. Va. Code §§
									30-13-21
				through 23, as well as the penalties outlined in §
									7-1-15 of these
				rules. The Board may take disciplinary action against any person or firm
				subject to the provisions of W. Va. Code §
									30-13-1
				et seq. and these rules for any non-compliance with or violation of same in
				accordance with the procedures set forth in W. Va. Code §
									30-13-22
				and the procedural rules adopted by the Board and on file with the Secretary of
				State.
14.2. Investigations. The
				Board shall have the power to investigate any complaint filed with the Board
				and any other matter brought to the attention of the Board regarding
				noncompliance with the provisions of W. Va. Code §
									30-13-1
				et seq. and these rules.
14.3.
				Disciplinary Action. Upon Board decision that disciplinary action is warranted,
				the Board may take such action as is provided for in W. Va. Code §§
									30-13-21
				through 23, these rules, and any Board policies not inconsistent with such
				applicable law, including the imposition of civil penalties as set forth in
				§
									7-1-15
				below.
14.4. The Board may assess
				administrative costs incurred in the performance of its enforcement or
				investigatory activities against any person or entity who violates the
				provisions referenced in subsection 14.1 of this rule, which shall be paid to
				the West Virginia State Board of Registration for Professional Engineers by
				check or money order within the time prescribed or approved 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 7-1-15 - Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				Board may enter an order assessing the appropriate civil penalties against any
				person or firm found by the Board to have violated the provisions of W. Va.
				Code §
									30-13-1
				et seq. or these rules including but not limited to, the following for each
				offense:
Action
Penalty Up To
Practicing or offering to practice without a
								license, including a license designated as nonpracticing status
$5,000
Practicing or offering to practice without a COA,
								including an expired COA
$5,000
Misuse of seal
$5,000
Illegal advertising of engineering services
$5,000
Fraud, deceit, misrepresentation or misinformation
								to the Board
$15,000
Violation of condition of probation
$5,000
Misfeasance or malfeasance
$1,000
Professional misconduct, negligence or
								incompetence
$1,000
Action which is likely to deceive or defraud the
								public
$15,000
Action which threatens the public health, safety
								and welfare
$15,000
Failure to timely provide information to
								Board
$1,000
Non-compliance with Board request or order
$1,000
General (violation of applicable statute &
								rules, including W.Va. Code §
															30-13-21
								or the Rules of Professional Responsibility set forth in these rules)
$5,000
15.2.
				The penalty for aiding and assisting any of the above violations shall be no
				more than the maximum penalty defined above. The penalty for discipline by
				another jurisdiction shall be no more than the penalty set forth above that is
				substantially equivalent to the grounds for discipline in the other
				jurisdiction.
15.3. Each day of
				continued violation may constitute a separate offense.
15.4. In determining the amount of civil
				penalty to be assessed pursuant to this section, the Board may consider such
				factors as the following.
15.4.a. Whether the
				amount imposed will be a substantial economic deterrent to the
				violation;
15.4.b. The
				circumstances leading to the violation;
15.4.c. The nature and severity of the
				violation and the risk of harm to the public;
15.4.d. The history of previous
				violations;
15.4.e. The extent to
				which the cited person or firm has cooperated with the Board and the Board's
				investigation;
15.4.f. The economic
				benefits gained by the violator as a result of non-compliance;
15.4.g. The interest of the public;
15.4.h. Other matters as may be
				appropriate.
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 7-1-16 - Board Policies

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				Board is authorized to establish policies and procedures not inconsistent with
				W. Va. Code §
									30-13-1
				et seq. and these rules.
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 7-1-17 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. If this Rule,
				or any part of this Rule, is found by the courts to be invalid for any reason,
				the remainder of the Rule continues in full force and effect and each and every
				part of the Rule is severable.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-02 - Administrative Hearing Procedures › Section 7-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies the
				procedure for Resolution of complaints relating to the practice of engineering in
				this State pursuant to the authority granted to the West Virginia State Board of
				Registration for Professional Engineers by W. Va. Code §§
									30-13-1 et
				seq.
1.2. Authority. -- W. Va. Code
				§§
									30-13-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- June 22, 2004.
1.4. Effective Date. -- July 23,
				2004.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-02 - Administrative Hearing Procedures › Section 7-2-2 - Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Submission.
(a) Form. The form of complaints shall be
				determined by the Board. All complaints shall be in writing and verified by the
				complainant before a notary public.
(b) Who may submit. A complaint may be
				submitted by any natural person or legal entity, any registered engineer, or any
				firm holding a certificate of authorization. A complaint may be submitted by the
				Board, a member of the Board staff, with or without direction from the Board, or
				a member of the Board. Charges may be based upon information received solely
				through investigative activities undertaken 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 7-02 - Administrative Hearing Procedures › Section 7-2-3 - Hearing Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Hearing
				Panel.
(a) Complaints regarding persons licensed
				by the Board and complaints regarding unlawful practice of engineering in this
				State or a request for hearing regarding licensure or issuance of a certificate
				of authorization shall be heard and decided by the Board as a whole sitting as a
				Hearing Panel, except that any member of the Board who has a conflict of interest
				with regard to a particular complaint may decline to participate in such
				proceedings. Recusal is mandatory in any proceeding in which a judge, similarly
				situated, would be required to exercise recusal. The filing of a complaint by a
				Board member will not automatically be grounds for recusal. Recusal shall not
				prevent a Board member from testifying as a witness.
(b) If recusals result in there being less than
				a quorum, the remaining unrecused members of the Board shall appoint a registered
				professional engineer who is not a member of the Board for each recused member to
				serve solely for the purposes of hearing and deciding such complaint.
(c) The Hearing Panel shall conduct hearings,
				make findings of fact and conclusions of law, and issue administrative decisions
				and orders to enforce the provisions of W. Va. Code §§
										30-13-1 et
				seq.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-02 - Administrative Hearing Procedures › Section 7-2-4 - Procedural Rules for Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Notice of
				Hearings.
(a) Within sixty (60) days of filing
				complaint, the presiding officer shall set a hearing date and time. Notice of the
				hearing date and time shall be served on respondent and counsel for respondent,
				if any, by first class mail addressed to the last known mailing address of such
				person. Such notices shall be mailed not less than thirty (30) days before the
				hearing date. All complaints, unless dismissed by the Board as unfounded, trivial
				or settled informally, shall be heard within six months after the date each
				complaint was received and filed.
(b)
				Hearings may be rescheduled by the presiding officer and, once begun, continued
				from time to time, for cause shown as the interests of justice may
				require.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-02 - Administrative Hearing Procedures › Section 7-2-5 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Administrative Decisions and Orders.
(a) Any
				party may submit proposed findings of fact and conclusions of law as permitted in
				the discretion of the presiding officer.
(b) After a hearing upon a complaint is
				completed, including an instance in which the respondent defaults, the Hearing
				Panel may make findings of fact and conclusions of law and shall issue the
				appropriate administrative decision or order.
(c) The Hearing Panel may make findings of fact
				and conclusions of law in connection with the hearing and in conformity with
				applicable law notwithstanding the failure of the complaint to allege the grounds
				therefor.
(d) Informal disposition
				may also be made of any complaint by stipulation, agreed settlement, or consent
				order provided, however, that a hearing upon any pending complaint set pursuant
				to Rule 4.0 shall not be cancelled other than by a respondent's acceptance of
				such proposed informal disposition.
(e) All dispositions of complaints shall be
				signed by the presiding officer. A copy shall be maintained in the permanent
				records of the Board.
(f) The
				official determination of the Hearing Board shall be made by majority vote of the
				Hearing Panel. The presiding officer shall vote in every matter but shall reserve
				his vote to the last. Any minority of the Hearing Panel may preserve its opinion
				in written form submitted at or not less than ten days after the entry of the
				majority's administrative decision or order.
(g) A copy of the administrative decision or
				order shall be served upon each party and his counsel in person or by registered
				or certified mail within five days after entry by the presiding
				officer.
West Virginia Code of State Rules › Agency 7 - Professional Engineers › Title 7 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS › Series 7-03 - Application Of Engineering Seal › Section 7-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The purpose of this rule is to
				create a series for interpretive rules relating to the application of an
				engineer's seal.
1.2. Authority. --
				W. Va. Code §§
									30-13-1 et seq. and 29A-3-8.
1.3. Filing Date. -- June 10, 2011.
1.4. Effective Date. -- July 10,
				2011.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This legislative rule establishes general regulations
				governing the West Virginia Board of Hearing Aid Dealers.
1.2. Authority -- W.Va. Code
				§§
									30-26-3, 30-26-14, 30-26-15.
1.3. Filing Date -- April 22,
				2021
1.4. Effective Date
				-- April 22, 2021
1.5.
				Sunset Provision. -- This rule shall terminate and have no further
				force or effect upon the expiration from April 22, 2031.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A
				"Permanent Office" is an office or place of business which is
				staffed, open and available to the public during normal business
				hours of the community which it serves. The closing of an office for
				a lunch period not to exceed one (1) hour or of an additional day on
				an extended holiday weekend will not be regarded as a violation of
				this rule, but the rental of desk space, the use of a post office box
				number as an address or the use of a telephone answering service does
				not qualify as a permanent office.
2.2. "Reasonable Distance" as used
				in W. Va. Code §
									30-26-5(1) means within twenty (20) statute
				miles by highway from the borders of the State of West Virginia. The
				Board may waive this requirement in a specific instance when, in the
				sole opinion of the Board, the welfare of the people of West Virginia
				would be better served by waiver.
2.3. The statement "The Making of
				Impressions for Ear Molds" means making molds of the ear to be used
				in conjunction with the manufacture and fitting of a hearing aid.
2.4. "Significant
				Air-Bone Gap" means a differential between air and bone readings of
				fifteen (15) or more decibels at five hundred (500), one thousand
				(1,000) and two thousand (2,000) Hertz, ANSI standard.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-3 - Application for Licenses and Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board shall furnish every
				person requesting an application for a license or trainee permit the
				necessary forms, a copy of the West Virginia law pertaining to the
				licensing of hearing aid dealers and fitters, a copy of any waiver
				forms prescribed by the Board and such other information or
				questionnaires as the Board considers necessary.
3.2. The Board shall design the
				application forms to provide the information necessary to satisfy
				itself that all requirements pertaining to the West Virginia law are
				being fulfilled.
3.3. All
				applications shall be signed by the applicant and sworn by him or her
				before a notary public. In the case of a trainee permit, the
				supervisor's name, address, license number, and signature shall
				appear on the application.
3.4. The application shall be
				accompanied by a money order or certified check for the license or
				permit fee.
3.5. The
				Board may reject an incomplete application form and return it to the
				applicant for completion.
3.6. The Board shall deny any
				person knowingly furnishing false information in the application the
				right to the examination. If the applicant has already been licensed
				or received a permit before the falsification of the information has
				been made known to the Board, the license or permit is subject to
				suspension or revocation and the Board may forward all pertinent
				documents to the appropriate prosecuting attorney for possible
				prosecution for fraud and/or perjury.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-4 - Issuance of Licenses and Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Board shall issue to each
				applicant, within thirty (30) days of receipt of a properly completed
				application and payment of one hundred and twenty dollars ($120.00) a
				hearing aid dealer's or fitter's license if the applicant is an
				individual who:
4.1.a. Meets the
				standards set forth in W. Va. Code §§
										30-26-5(1)-(5); and
4.1.b. Has successfully
				taken and passed a qualifying examination as specified and
				administered by the Board.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-5 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Board shall promote reciprocity agreements with those states
				adjoining the State of West Virginia if those states provide
				reciprocity with West Virginia. The Board shall consider reciprocity
				with other states on an individual basis.
5.2. The Board will not honor a
				license issued to an individual, partnership, trust, association or
				other like organization by another state in lieu of a license issued
				by the State of West Virginia. However, if an individual applicant
				has completed an examination equal or superior to the West Virginia
				examination, the Board may waive or partially waive the examination
				requirements for licensure in the State of West Virginia.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-6 - Responsibilities Of The Licensee

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each licensee engaged in
				dealing or fitting of hearing aids shall be familiar with the
				requirements of the law regulating those activities in West Virginia
				and with the rules of the Board.
6.2. Each licensee engaged in
				dealing in or fitting of hearing aids shall make timely application
				for a license or renewal of a license, to complete the forms properly
				and pay the fees required, and to hold himself or herself available
				for examination at the times and places designated by the
				Board.
6.3. The licensed
				dealer or fitter shall use the results of appropriate test procedures
				on every individual to whom he or she sells or fits a hearing aid,
				and have them on file for a period of seven (7) years. The minimum
				acceptable test records are:
6.3.a.
				Pure tone tests, including air and bone conduction with masking where
				appropriate;
6.3.b.
				Speech reception threshold expressed in decibels;
6.3.c. Most comfortable level
				expressed in decibels;
6.3.d. Discrimination scores
				expressed in percentage with indication of the test word
				used.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-8 - Sales Receipt

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The licensed individual or
				permit holder making the sale shall sign a customer's receipt and the
				name shall be the same name under which the licensee or permit holder
				is registered with the Board.
8.2. The receipt shall bear the
				following information:
8.2.a. The
				name, address and date of birth of the recipient of the hearing aid;
8.2.b. The date of sale;
8.2.c. The name of the
				manufacturer, the model number and serial number of the hearing aid
				sold;
8.2.d. The name,
				address, and telephone number of the licensee's office;
8.2.e. The signature of the
				licensee or permit holder making the fitting;
8.2.f. The terms of the guarantee
				or warranty under which the hearing aid is sold. To satisfy this
				requirement, the receipt may bear the notation "One Year Warranty" or
				similar expression: Provided, that the full terms of the warranty by
				the manufacturer or seller are available for inspection;
8.2.g. If the hearing aid has
				previously been sold at retail, the term "Used" or "Reconditioned",
				whichever is applicable, with the terms of the guarantee or warranty;
				and
8.2.h. The retail
				price of the hearing aid, any discount or trade-in allowance, the net
				price of the aid, and the terms of the installment or time purchase
				agreement if applicable. If more convenient, the terms of the
				installment or time payment contract may be executed on a separate
				document and attached to the receipt.
8.2.i. Information about the right
				to rescind the purchase agreement as required by §§ 8-1-12.2
				and 8-1-12.4 of this Title.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-9 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				advertisements to the general public offering replicas, descriptive
				literature on wearable hearing aids, hearing loss, etc., placed by an
				individual or organization whose business includes the merchandising
				of hearing aids shall be considered as advertising hearing aids for
				sale.
9.2. The licensee
				shall not advertise a particular model or type of hearing aid for
				sale when purchasers or prospective purchasers responding to the
				advertisement cannot purchase the advertised model or type, where it
				is established that the purpose of the advertisement is to obtain
				prospects for the sale of a different model or type.
9.3. The licensee shall not
				advertise that the service or advice of a person licensed to practice
				medicine will be used or made available in the selection, fitting,
				adjustment, maintenance, or repair of hearing aids when that is not
				true, nor shall the advertising use the words, "Doctor, "Clinic", or
				similar words, abbreviations or symbols which tend to connote the
				medical profession when the use is not accurate.
9.4. The licensee shall not
				advertise using the words "Audiologist", "State Licensed Certified",
				"State Registered", "State Certified", "State Approved", or any other
				term, abbreviation, or symbol when it would falsely give the
				impression that service is being provided by persons holding a degree
				in audiology, or trained in clinical audiology, or that the
				licensee's service has been recommended by the state when that is not
				the case. The term "Certified Member" may be used when the
				certification has been granted by the National Hearing Aid Society:
				Provided, that it is made clear that the certification is granted by
				the National Hearing Aid Society and not by any college, university,
				or agency of this state.
9.5. The licensee shall not
				advertise using a manufacturer's name or trademark which would imply
				that a relationship exists with that manufacturer when in fact it
				does not.
9.6. In
				evaluating advertising, the Board may use all the available criteria
				(such as the regulations of the Federal Trade Commission, the code of
				ethics of the National Hearing Aid Society, the Hearing Aid Industry
				Conference, and the West Virginia Hearing Aid Society) and may regard
				a violation of any of these criteria as unethical conduct.
9.7. The hearing aid dealer must
				prominently display the following advisement: "Consumers may contact
				the West Virginia Board of Hearing Aid Dealers 179 Summers St Suite
				715, Charleston, WV 25301, if the consumer believes that the hearing
				aid dealer has not satisfied the terms of the contract."
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-10 - Complaint Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A licensee or permittee whose
				license has been revoked or suspended by the Board, or to whom the
				Board has refused to issue a license or permit, may appeal the
				Board's decision under the Board's Rule "CONTESTED CASE HEARING
				PROCEDURE" 8CSR2.
10.2.
				The Board shall investigate complaints and discipline licensees and
				permittees under the Board's Rule "DISCIPLINARY AND COMPLAINT
				PROCEDURES FOR HEARING AID DEALERS" 8CSR3.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-11 - Causes For The Suspension Or Revocation Of Licenses Or Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Board may suspend or
				revoke the license or permit if the person holding the license or
				permit:
11.1.a. Violates any
				provision of the law regulating the licensure of hearing aid dealers
				and fitters or any violations of the rules of the Board of Hearing
				Aid Dealers;
11.1.b.
				Procured a license by fraud or deceit practiced upon the
				Board;
11.1.c. Obtained
				any fee or made any sale of a hearing aid by fraud or
				misrepresentation;
11.1.d. Employed any person without
				a license or trainee permit or an individual whose license was
				suspended or revoked to engage in the fitting or sale of hearing
				aids;
11.1.e. Used,
				caused or promoted the use of any advertising matter, promotional
				literature, testimonial, guarantee, warranty, label, grand, insignia,
				or other representation however disseminated or published which is
				misleading, deceptive, or untruthful;
11.1.f. If he or she is found by
				the Board to be a person of habitual intemperance or gross
				immorality;
11.1.g.
				Fitted, sold, or attempted to fit or sell, a hearing aid to a person
				without first utilizing the appropriate procedures and instruments
				required for the proper fitting of hearing aids;
11.1.h. Engaged in the fitting or
				sale of hearing aids under a false name or alias;
11.1.i. Engaged in the practice of
				fitting hearing aids while suffering from a contagious or infectious
				disease;
11.1.j.
				Permitted another person to use his or her license; or
11.1.k. Is found by the Board to be
				guilty of gross incompetence or negligence in the fitting and sale of
				hearing aids.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-13 - Examination Fees for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each applicant for licensure
				shall submit payment of one hundred fifty dollars ($150.00) for the
				Practicum examination. The fee to retest for the Practicum exam shall
				be seventy five dollars ($75.00). Each applicant shall also submit
				payment of fifty dollars ($50.00) for the West Virginia jurisprudence
				examination. The fee to retest for the West Virginia jurisprudence
				examination shall be fifty dollars ($50.00).
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the procedure for the adjudication of contested case hearings
				before the Board.
1.2. Authority.
				-- W. Va. Code ''30-26-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- January 10,
				2001.
1.4. Effective Date. --
				February 28, 2001.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule shall
				  have the following meanings, unless the context otherwise requires:
2.1. "Board" means the West Virginia Board of
				Hearing-Aid Dealers.
2.2.
				"Demanding party" means an individual who has been denied a license to practice
				hearing-aid dealing or fitting by the Board and who, as a result, demands that
				a hearing be held before the Board on the issue of such denial.
2.3. The term "Charged party" means an
				individual who holds a license to practice hearing-aid dealing or fitting
				issued by the Board and who has been charged by the Board as described in
				Section 3.4 of these rules.
2.4.
				"License" means a license or temporary trainee permit issued by the Board
				pursuant to W. Va. Code '30-26-1 et
				seq.
2.5. The term "Licensee" means
				an individual who holds a license to practice hearing-aid dealing or fitting
				issued by the Board. A "permittee" is a person who holds a temporary trainee
				permit.
2.6. "Practice of
				hearing-aid dealing or hearing-aid fitting" means the practice of hearing-aid
				dealing or fitting as defined in W. Va. Code '30-26-1 and includes
				hearing-aid dealers, hearing-aid fitters and trainees.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-4 - 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 reported by
				stenographic notes and characters or by mechanical means.
4.2. All reported materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the reported testimony and evidence.
4.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Board
				chair or presiding member shall settle all differences arising as to whether
				such 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 truth.
4.4. A
				transcript of the hearing shall be provided to all members of the Board for
				review at least ten (10) days before the vote is taken on its decision in any
				licensure or permit disciplinary matter.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-5 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-6 - Conferences; lnformal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At any time prior to the hearing or
				thereafter, the Board, its designed hearing examiner or other designee may hold
				conferences for the following purposes:
6.1.1. To dispose of procedural requests,
				prehearing motions or similar matters;
6.1.2. To simplify or settle issues by
				consent of the parties; or,
6.1.3.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-7 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-8 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by any member of the Board, its Executive
				Secretary, its Assistant Executive Secretary.
Such subpoenas shall be issued pursuant to W. Va. Code
				  '29A-5-1(b).
8.2. Written requests by a party
				for the issuance of subpoenas or subpoenas duces tecum as provided in
				subsection 8.1 of this section must be received by the Board no later than ten
				(10) days before a scheduled hearing. Any party requesting the issuance of
				subpoenas duces tecum shall see that they are properly served in accordance
				with W. Va. Code '29A-5-1(b)
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-9 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any final
				order entered by the Board following a hearing conducted pursuant to these
				rules shall be made pursuant to the provisions of W. Va. Code ''29A-5-3 and
				30-1-8(d). Such orders shall be entered within forty-five (45) days following
				the submission 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 unless good cause exists to extend such time or by
				agreement of the parties.
9.2. The
				findings of fact and conclusions of law must be approved by a majority of the
				Board either by a poll or vote at 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 or her attorney of
				record, if any, within ten (10) days after entry by the Board by personal
				service or by registered or certified mail. A secret ballot is not
				permitted.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-02 - Contested Case Hearing Procedure › Section 8-2-10 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of W. Va. Code ''30-1-9 and W. Va. Code
				29A-6-1
				et seq.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-03 - Disciplinary And Complaint Procedures For Hearing Aid Dealers › Section 8-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies a procedure for the investigation and resolution of complaints
				against hearing-aid dealers, hearing-aid fitters and temporary trainee
				permittees.
1.2. Authority. -- W.
				Va. Code '30-26-1 et seq. and
				30-1-1 et seq.
1.3. Filing Date. --
				January 10, 2001.
1.4. Effective
				Date. -- February 28, 2001.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-03 - Disciplinary And Complaint Procedures For Hearing Aid Dealers › Section 8-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all licensed hearing-aid dealers,
				  hearing-aid fitters and trainees.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-03 - Disciplinary And Complaint Procedures For Hearing Aid Dealers › Section 8-3-3 - 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 "Applicant" means any person making
				application for an original or renewal license or a temporary trainee permit
				pursuant to W. Va. Code '30-26-1 et seq.
3.2. "Board" means the West
				Virginia Board of Hearing-Aid Dealers.
3.3. "License" means a license or temporary
				trainee permit issued by the Board pursuant to W. Va. Code '30-26-1 et
				seq.
3.4. "Hearing-aid dealer or
				hearing-aid fitter" means a person who practices the dealing in or fitting of
				hearing aids. Hearing-aid dealers, hearing-aid fitters and trainees are defined
				in W. Va. Code '30-26-1.
3.5. "Ethics investigator" means a person or
				board committee member licensed to practice hearing-aid dealing in this state,
				and who is hired by the Board or who may be a board committee for the purpose
				of reviewing complaints against hearing-aid dealers, hearing-aid fitters and
				trainees.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-03 - Disciplinary And Complaint Procedures For Hearing Aid Dealers › Section 8-3-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Hearing-Aid Dealers, Hearing-Aid Fitters or Trainees

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, practices or acts constituting professional negligence or a willful
				  departure from accepted standards of professional conduct or committed other
				  acts in violation of W. Va. Code '30-26-1 et seq. or
				  the rules of the Board.