reglab/statecodes huggingface dataset:
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 8-3-5 - 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 which charges a hearing-aid dealers, hearing-aid fitter,
				trainee or applicant with a violation of W. Va. Code '30-26-1 et seq. or of
				the rules of the Board. 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 hearing-aid dealer, hearing-aid fitter, trainee or applicant against whom
				the complaint is lodged;
5.1.2. The
				date of the transaction or fitting;
5.1.3. The name of any person who may have
				seen the person after the alleged incident; and,
5.1.4. The name of the business where the
				incident took place.
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 8-3-6 - 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 hearing-aid dealer, hearing-aid fitter or
				trainee's conduct, practices or acts constitute an immediate danger to the
				public.
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 8-3-7 - 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 permit 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 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-04 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 8-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				procedures for waiving the initial licensure fee for low-income individuals and
				military personnel and their spouses.
1.2. Authority. -- W. Va. Code § 30-1-23,
				and W. Va. Code § 30-26-3.
1.3.
				Filing Date. -- April 28, 2020.
1.4. Effective Date. -- April 30,
				2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon the
				expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-04 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 8-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Hearing Aid Dealers.
2.2. "Initial
				licensure fee" means the licensure fee or fees that an applicant must normally
				pay to obtain a license for the practice of hearing aid dealing, if the
				applicant is being licensed as a hearing aid dealer in West Virginia for the
				first time.
2.3. "Local labor
				market" means every county in West Virginia, and any county outside of West
				Virginia if any portion of that county is within 50 miles of the border of West
				Virginia, as defined in W.Va. Code § 21-1C-2
2.4. "Low-income individual" means an
				individual in the local labor market whose household adjusted gross income is
				below 130 percent of the federal poverty line. This term also includes a 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.
2.5. "Military families" means any person or
				the spouse of a 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, or who is an honorably discharged veterans of those
				force. This term also includes surviving spouses of deceased service members or
				honorably discharged veterans who have not remarried.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-04 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 8-4-3 - Request for Waiver of Initial Licensure Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Low-income individuals may request a waiver of the initial licensure fee by
				submitting, with their completed license application, a low-income waiver of
				initial licensure fee form, as provided by the Board, and all documentation of
				eligibility for the waiver, as prescribed by this rule. The Board shall review
				the low-income waiver of initial licensure fee form and issue a decision
				regarding eligibility for the initial licensure fee waiver within 30 days of
				receipt of the completed application and form.
3.2. Military families may request a waiver
				of the initial licensure fee by submitting with their completed license
				application a military service verification form as provided by the Board, and
				all documentation of eligibility for the waiver, as prescribed by this rule.
				The Board shall review the military service verification form and issue a
				decision regarding eligibility for the initial licensure fee waiver within 30
				days of receipt of the completed application and form.
3.3. Upon determining that an applicant is
				eligible to obtain a license, the Board shall waive the initial licensure fee
				if the applicant qualifies as a "low-income individual" or as an individual
				within the class "military families" as defined in this
				rule.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-04 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 8-4-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals requesting an initial
				licensure fee waiver for low-income individuals or military families shall
				submit, with their license application and their waiver request form, the
				appropriate documentation as specified in this section.
4.2. To establish low- income eligibility for
				an initial licensure fee waiver, an applicant shall submit to the Board a
				federal tax return or documentation of eligibility for one of the following
				public benefit programs:
4.2.1. The Temporary
				Assistance for Needy Families Program;
4.2.2. Medicaid; or
4.2.3. The Supplemental Nutrition Assistance
				Program.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 8-5-1 - 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 § 30-26-3
1.3. Filing Date. -- April 28,
				2020.
1.4. Effective Date. -- April
				30, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon the
				expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 8-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the West Virginia Board of
				Hearing-Aid Dealers established pursuant to W. Va. Code § 30-26-1
et seq
.
2.2.
				"Initial licensure" means obtaining a license in West Virginia for the practice
				of hearing aid dealing and fitting for the first time.
2.3. "License" or "licensure" means the
				official authorization by the board to practice hearing-aid dealing and
				fitting.
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 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 8-5-3 - Rational nexus to the practice of hearing-aid dealing and fitting

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 hearing-aid dealing and fitting. In determining
				whether a criminal conviction bears a rational nexus to the practice of
				hearing-aid dealing and fitting, 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 hearing-aid dealer
				or fitter; and
3.1.4. Any evidence
				of rehabilitation or treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 8-5-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If an applicant
				has been denied licensure because of a prior criminal conviction, the board
				shall permit the 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 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 8-5-5 - 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 hearing-aid dealing and fitting.
5.4. The board shall provide the
				determination within 60 days of receiving the petition and the applicable fee,
				as prescribed by the board, from the applicant.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule sets forth standards for
				the regulation and conduct of persons or firms wanting to become licensed as a
				landscape architect or to offer landscape architectural services. This rule is
				binding upon persons applying and registered under W. Va. Code §§
									30-22-1
				et seq. and is applicable to persons or firms providing landscape architectural
				services and holding a certificate of authorization.
1.2. Authority. -- W. Va. Code §§
									30-22-7
				and §
									64-9-9.
1.3. Filing Date. --
				April 18, 2023
1.4. Effective Date. --
				April 20, 2023
1.5. Sunset Provision --
				This rule shall terminate and have no further force and effect upon August 1,
				2033.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-3 - Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board will provide reasonable
				accommodation to a qualified applicant with a disability in accordance with the
				Americans with Disabilities Act (ADA),  42 USC Section 12101  et seq. Requests for
				accommodations must be made in writing and received by the Board by the application
				deadline along with the appropriate documentation.
3.2. The Board shall retain membership in CLARB
				and at least one (1) member of the Board may attend meetings of CLARB when approved,
				as required by the State procedures. Expenses for attending a meeting shall be borne
				by the Board.
3.3. The West Virginia
				State Board of Landscape Architects shall hold a regular meeting at least once a
				year at a time and place to be determined by the Board. A meeting notice shall be
				given to the Secretary of State at least fourteen (14) days in advance to be made
				available to the public and news media.
3.4. The Board shall also give notice of the time,
				place and purpose of all special meetings to the Secretary of State at least
				fourteen (14) days in advance or as soon as practicable, to be made available to the
				public and news media.
3.5. Meeting
				notices shall appear in the West Virginia Register as published by the Secretary of
				State at least five (5) calendar days before the meeting. The Board shall provide
				notice of all regular and special meetings directly to the secretaries of other
				organizations upon written request from the secretaries of such
				organizations.
3.6. As provided by
				statute, the notice provisions of this rule are not required in the event of an
				emergency requiring immediate official action.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-5 - Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An applicant qualifying for licensure in
				accordance with W. Va. Code §
									30-22-6(a), shall submit to and pass the L.A.R.E.
5.2. Applicants who fail the
				examination may retake those portions of the examination not passed at the next
				regularly scheduled examination period. If the applicant fails to successfully
				complete those portions failed within a two (2) year period, the Board may require
				the applicant to retake the entire examination unless he or she can show good cause
				to the Board.
5.3. The applicant who
				fails to complete, successfully, all sections of the examination within a five (5)
				year period may be required to retake the entire examination.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-6 - Temporary Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An applicant,
				licensed in another jurisdiction, applying for a temporary permit in accordance with
				W. Va. Code §
									30-22-16, shall submit an application on forms prescribed by the
				Board and pay the required fee.
6.2. The
				Board may grant a temporary permit to an applicant who desires to practice or offer
				to practice in this State for a period of time not to exceed one (1) year.
6.3. A temporary permit may not be renewed or a
				new one issued.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-7 - Renewal, Reinstatement and Replacement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The registrant
				shall notify the Board of any change in information previously submitted, such as
				name change, change of address, change of employer, or similar matter requiring
				current information within thirty (30) days of the change.
7.2. Licenses expire on June
				30th of each year without hearing. Expired licenses may
				be reinstated after June 30th, as prescribed in
				subsection 7.5 of this rule.
7.3.
				Renewals.
7.3.a. The Board shall annually, during
				the month of April, mail a renewal notice to the last known address of every current
				registrant. The notice shall indicate the expiration date of the license, the amount
				of the renewal fee and required continuing education requirements established by the
				Board.
7.3.b. The registrant shall
				submit the renewal application, the renewal fee and certification of compliance with
				continuing education requirements and with the standards of practice and conduct to
				the Board on or before June 30th of each year.
7.3.c. A late fee shall accompany renewals
				postmarked after June 30th, along with any non-refundable
				fees, in accordance with West Virginia State Board of Landscape Architects Rule,
				Fees, 9 CSR 3.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-8 - Seal Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All final
				professional documents, including maps, plans, designs, drawings, specifications,
				estimates and reports issued by a landscape architect shall contain a seal,
				signature and date whenever they are presented to a client, the public or a
				governmental agency. A landscape architect's license shall be in full force and
				effect in order to seal documents.
8.2.
				A signature shall be:
8.2.a. A handwritten message
				containing the name of the person who applied it; or
8.2.b. A digital signature, provided pursuant to
				an electronic authentication process approved by the Board, attached or logically
				associated with an electronic document. The digital signature shall be:
8.2.b.1. Unique to the person using it;
8.2.b.2. Capable of verification;
8.2.b.3. Under the sole control of the person
				using it; and
8.2.b.4. Linked to a
				document in such a manner that the digital signature is invalidated if any data in
				the document is changed.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-9 - Certificates of Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board shall
				issue a COA to firms which have satisfied the requirements of W. Va. Code
				§
									30-22-19. The certificate shall be signed by the Board Chairperson and
				Secretary and shall show the firm's COA number and seal.
9.2. A sole proprietorship firm is not required to
				obtain a COA.
9.3. A firm desiring to
				obtain a COA shall submit a completed application on forms prescribed by the Board,
				along with any non-refundable fees, prescribed in West Virginia State Board of
				Landscape Architects Rule, Fees, 9 CSR 3. Each application, including those for
				renewal and reinstatement, shall include the names and titles of the corporate
				officers, the name of the landscape architect, licensed in this State, in
				responsible charge and the name or names of any employed landscape architect in
				accordance with W. Va. Code §
									30-22-19.
9.4. The Board shall issue a COA upon satisfactory
				completion of all application requirements. The firm shall display the Certificate
				at the firm's principal place of business where the public can readily view
				it.
9.5. The Board shall assign each
				firm a number at the time a COA is granted by the Board. Numbers are issued
				consecutively in the order in which a firm is granted a COA.
9.6. Expiration, Renewal and Reinstatement. COA's
				expire on June 30th of each year and are voided without
				hearing after that date unless renewed in accordance with the following:
9.6.a. The Board shall annually, during the month
				of April, mail a renewal notice to the last known address of every firm currently
				holding a COA. The notice shall indicate the expiration date of the COA and the
				amount of the renewal fee, prescribed in West Virginia State Board of Landscape
				Architects Rule, Fees, 9 CSR 3.
9.6.b. A
				late fee shall accompany COA renewals postmarked after June
				30th, provided in West Virginia State Board of Landscape
				Architects Rule, Fees, 9 CSR 3.
9.6.c. A
				firm which is no longer doing business in this State may request inactive status. A
				firm on inactive status may not practice or offer to practice landscape architecture
				until the COA is reinstated.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-01 - Registration Of Landscape Architects › Section 9-1-10 - Professional Ethics

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All registrants
				are charged with having knowledge of the Rules governing the practice of landscape
				architecture in this State. The Board shall notify every registrant in writing of
				amendments to the rules. The Board shall publish the Rules as amended on the Board's
				website.
10.2. The landscape architect
				shall conduct his or her practice in order to protect the health, safety, interest
				and welfare of the public in the performance of his or her professional duties. If
				his or her judgment is overruled under circumstances where the health, safety,
				interest and welfare of the public are endangered, he or she shall inform his or her
				employer, in writing, of the possible consequences and notify any other proper
				authorities of the situation, as may be appropriate.
10.3. The landscape architect shall perform his or
				her services only in the areas of his or her competence.
10.3.a. The landscape architect shall perform
				landscape architectural assignments only when qualified by education or experience
				in the specific technical field of professional landscape architecture
				involved.
10.3.b. The landscape
				architect may accept an assignment requiring education or experience outside his or
				her own field of competence, but only to the extent that his or her services are
				restricted to those phases of the project in which he or she is qualified. All other
				phases of the project shall be performed by qualified associates, consultants or
				employees.
10.3.c. In designing a
				project, the landscape architect shall take into account all applicable construction
				laws, zoning codes and other applicable laws or rules. The landscape architect shall
				not knowingly design a project in violation of the laws and rules.
10.3.d. The landscape architect shall not affix
				his or her signature and/or seal to any plan or document dealing with subject matter
				to which he or she lacks competence by virtue of education or experience to any plan
				or document not prepared under his or her direct supervisory control.
10.3.e. In the event a question arises as to the
				competence of a landscape architect to perform a landscape architectural assignment
				in a specific technical field which cannot be otherwise resolved to the Board's
				satisfaction, the Board, either upon request or by its own volition, may require him
				or her to submit to an appropriate examination as determined by the Board.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-02 - Continuing Education › Section 9-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule specifies continuing education requirements that
				are prerequisite to license renewal for landscape
				architects.
1.2.
				Authority. -- W. Va. Code §§
									30-22-1
				et seq.
1.3. Filing Date.
				-- April 11, 2007.
1.4.
				Effective Date. -- April 16, 2007.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-02 - Continuing Education › Section 9-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Terms Defined -- As used in this rule, the
				  following terms have the following meanings unless the context or
				  subject matter clearly requires a different interpretation:
2.1. Professional Development Hour
				(PDH) -- Means fifty (50) minutes of instruction or presentation that
				meets the requirements established in this rule.
2.2. Continuing Education Unit
				(CEU) -- Means the nationally recognized and uniform unit of measure
				of the International Association for Continuing Education and
				Training (IACET). One (1) IACET CEU is equal to ten (10) contact
				hours of participation in a qualified continuing education course.
				For continuing professional competency activities that fully follow
				the requirements of the IACET, one CEU is equivalent to ten (10) PDH
				units.
2.3. Course or
				Activity -- Means any qualifying course or activity with a clear
				purpose and objective which will maintain, improve, or expand the
				skills and knowledge specific to the practice of landscape
				architecture. Qualifying courses or activities may include
				correspondence, televised, videotaped, and internet seminars and
				other short courses and tutorials and professional or technical
				presentations made at meetings, conventions, or conferences. In-house
				courses and workshops may be acceptable, provided the activities are
				advertised and made available to the public. Training activities
				relating to business operations or management are not acceptable
				coursework.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-02 - Continuing Education › Section 9-2-3 - Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Every licensee, as a prerequisite to license renewal, shall acquire
				eight (8) PDH units annually. A minimum of six (6) PDH units obtained
				must be in structured education activities which directly address
				public health, safety, interest and welfare issues related to the
				practice of landscape architecture.
3.2. If a licensee exceeds the
				annual requirement in any renewal period, a maximum of eight (8) PDH
				units may be carried forward into the subsequent renewal
				period.
3.3. A licensee
				may earn PDH units as follows:
3.3.a. College/Unit
				Semester/Quarter Hour credit. One semester hour of acceptable
				university or college credit is equivalent to forty-five (45) PDH
				units. One quarter hour of acceptable university or college credit is
				equivalent to thirty (30) PDH units.
3.3.b. Successful completion of
				qualifying courses or activities. Credit for attendance is based on
				actual instructional or presentation time.
3.3.c. Teaching, instructing or
				presenting in qualifying courses, seminars and presentations. A
				teacher, instructor, or presenter may claim credit at twice the
				number of hours permitted for participants. Credit is available only
				the first time a course or seminar is taught or a presentation is
				made, unless the subject matter is revised and substantially updated.
				This credit does not apply to full-time faculty.
3.3.d. Authoring published papers,
				articles, or books related to landscape architecture. Credit is
				limited to the lesser of actual preparation time or ten (10) PDH
				units for each paper, article or book.
3.3.e. Attendance at local chapter
				meetings of professional or technical societies related to landscape
				architecture of which the licensee is a member. Credit is limited to
				one (1) PDH unit for each meeting the licensee attended. A maximum of
				two (2) PDH units may be claimed in any renewal period.
3.3.f. Community service. Credit
				will be given for participation in activities which advance the
				knowledge and understanding the public has regarding the practice of
				landscape architecture and how the profession contributes to the
				protection of the public health safety, interest and welfare. One (1)
				PDH unit equals two (2) hours in actual participation. A maximum of
				four (4) PDH units may be claimed in any renewal period.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-02 - Continuing Education › Section 9-2-4 - Reporting and Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
A licensee shall complete, sign and submit on forms
				  prescribed by the board, together with the application for renewal of
				  a license and the required renewal fee, information certifying that
				  he or she has acquired the required PDH units. A licensee shall
				  maintain records of compliance with the provisions of this rule for a
				  period of four (4) renewal periods. The Board may request copies of
				  all records for audit verification purposes. Acceptable records may
				  include, but are not limited to:
4.1. A log showing the type of
				activity claimed, the sponsoring organization, the title of the
				activity, the activity's location, the activity's duration, the
				instructor's or speaker's name, and the PDH units earned.
4.2. Attendance verification
				records in the form of completion certificates or other documents
				supporting evidence of attendance.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-02 - Continuing Education › Section 9-2-5 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
A licensee may be exempt, upon Board review and
				  approval, from continuing education requirements in any of the
				  following situations:
5.1.
				New licensees by examination or reciprocity are exempt from
				continuing education requirements until their licenses have been
				renewed a first time after initial licensure;
5.2. A licensee serving on
				temporary active duty in the armed forces of the United States for a
				period of time exceeding one hundred twenty (120) consecutive days in
				a year is exempt from obtaining the PDH units required during that
				renewal period;
5.3. A
				licensee experiencing physical disability, illness, or other
				extenuating circumstances may submit supporting documentation to the
				Board and request exemption for the renewal period in which the
				disability, illness, or extenuating circumstance occurs;
5.4. A licensee registered with the
				Board as either retired or inactive is exempt from continuing
				education requirements. In the event a retired or inactive licensee
				elects to return to active practice, the registrant shall complete a
				minimum of eight (8) and no more than thirty two (32) PDH's, as
				determined by the Board.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-02 - Continuing Education › Section 9-2-6 - Review and Audit Processes

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon request, each licensee
				shall provide proof that he or she has satisfied continuing education
				requirements. The Board may reject forms containing obvious and
				significant errors and require the licensee to resubmit the
				information. The Board will not renew the license if the information
				is not sufficient to satisfy the requirements or if the licensee
				fails to furnish the requested information.
6.2. For each renewal period, the
				Board shall select on a random basis ten (10) percent or a minimum of
				twelve (12) renewal applications for audit. The Board shall request
				each selected licensee to furnish evidence of attendance at the
				listed activities, unless evidence satisfactory to the Board is
				already in the possession of the Board. Upon receipt of the requested
				records, the Board may request the licensee to furnish additional
				evidence necessary to satisfy the Board that the licensee has
				complied with the continuing education requirements of this
				rule.
6.3. If the Board
				disallows one or more continuing education activities claimed, the
				Board may allow the licensee up to 120 days after notification to
				substantiate the original claim or to complete other continuing
				education activities sufficient to meet the minimum requirements of
				this rule.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-03 - Fees › Section 9-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. " This rule specifies fees to be charged by the
				Board.
1.2. Authority. -
				W. Va. Code §§
									30-22-7(a)(6).
1.3. Filing Date. - April 11,
				2007.
1.4. Effective
				Date. " April 16, 2007.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-03 - Fees › Section 9-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Terms Defined by Statute -' Terms defined in W. Va. Code §
									30-22-4
				have the same meanings when used in this rule unless the context or
				subject matter clearly requires a different interpretation.
2.2. "Board" means the West
				Virginia State Board of Landscape Architects.
2.3. "Registrant" means a current
				licensee or Certificate of Authorization (COA) holder.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-03 - Fees › Section 9-3-3 - Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				fees listed in this rule afe payable to the Board. Fees shall be paid
				by check or money order and are non-refundable. The Board may return
				any application received without the proper fee to the
				applicant.
3.2. Each year
				during the month of April, the Board shall notify each registrant of
				the amount of the renewal fee.
3.3. A registrant shall pay renewal
				fees before the thirtieth (30*) day of June of each year.
3.4. If a renewal application is
				postmarked after the thirtieth (30*) day of June, the registrant's
				license is considered expired, and the Board shall assess the
				registrant a late fee penalty as described in this rule.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-03 - Fees › Section 9-3-4 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
General Fees
Reciprocal or New Application
$100.00
Temporary Permit
$100.00
Duplicate Renewal Card
$5.00
Replacement Certificate
$15.00
Current Roster1
$25.00
Insufficient Funds (returned check)
$25.00
Copies, of Public Records (per page)
SO.25
Examinations (See footnote 6.)
Certificate of Authorization (COA)
				  Fees
Application for Sole
						  Proprietor2
$20.00
Application for Firm with two or
						  more
Licensed Landscape
						  Architects3
$150.00
Duplicate/Replacement Certificate
$15.00
Annual Renewal Fees
License Renewal
$100.00
COA or License Renewal Late
						  Fee4
$50.00
Inactive Status
$25.00
Retired Status
$5.00
COA for Sole
						  Proprietor2
$15.00
COA for Firm with two or more
Licensed Landscape
						  Architects3
$150.00
Reinstatement Fees
Retired or Inactive Licensees
$100.00
Expired License5
$250.00
Expired COA for Sole Proprietor
$60.00
Expired COA for Firm with two or
						  more
Licensed Landscape
						  Architects3
$350.00
1.
				Available for free download from the Board's web site.
2. A COA for a firm with one (1)
				registrant is optional.
3.
				 Regardless of the landscape architect's state of
				registration or licensure.
4. In addition to the renewal
				fee.
5.  Reinstatement of
				expired license contingent upon successful completion of continuing
				education requirements and/or examinations in addition to the
				fee.
6. Examination fees
				are set at cost to the Board plus any administrative fees incurred by
				the Board.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-04 - Application For Waiver Of Initial Licensing Fees For Certain Individuals › Section 9-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope.-- This rule establishes procedures for waiving the initial
				licensure fee for low- income individuals and military personnel and
				their spouses.
1.2.
				Authority.-- W.Va. Code §
									30-1-23
				and W. Va. Code §
									30-22-7.
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 August 1, 2026.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-04 - Application For Waiver Of Initial Licensing Fees For Certain Individuals › Section 9-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Board" means the West Virginia Board of Landscape
				Architects.
2.2. "Initial
				licensure fee" means the licensure fee or fees that an applicant must
				normally pay to obtain a license for the practice of landscape
				architecture, if the applicant is being licensed as a landscape
				architect in West Virginia for the first time.
2.3. "Local labor market" means
				every county in West Virginia, and any county outside of West
				Virginia if any portion of that county is within 50 miles of the
				border of West Virginia, as defined in W. Va. Code §
									21-1C-2.
2.4. "Low-income
				individual" means an individual in the local labor market whose
				household adjusted gross income is below 130 percent of the federal
				poverty line. This term also includes a person enrolled in a state or
				federal public assistance program including, but not limited to, the
				Temporary Assistance for Needy Families Program (TANF), Medicaid, or
				the Supplemental Nutrition Assistance Program (SNAP).
2.5. "Military families" means any
				person or the spouse of a 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, or who is an honorably
				discharged veteran of those forces. This term also includes surviving
				spouses of deceased service members or honorably discharged veterans
				who have not remarried.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-04 - Application For Waiver Of Initial Licensing Fees For Certain Individuals › Section 9-4-3 - Request for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Low-income individuals may request a waiver of the initial licensure
				fee by submitting, with their completed license application, a
				low-income waiver of initial licensure fee form, as provided by the
				Board, and all documentation of eligibility for the waiver, as
				prescribed by this rule. The Board shall review the low-income waiver
				of initial licensure fee form and issue a decision regarding
				eligibility for the initial licensure fee waiver within 30 days of
				receipt of the completed application and form.
3.2. Military families may request
				a waiver of the initial licensure fee by submitting with their
				completed license application a military service verification form as
				prescribed by the Board, and all documentation of eligibility for the
				waiver, as prescribed by this rule. The Board shall review the
				military service verification form and issue a decision regarding
				eligibility for the initial licensure fee waiver within 30 days of
				receipt of the completed application and form.
3.3. Upon determining that an
				applicant is eligible to obtain a license, the Board shall waive the
				initial licensure fee if the applicant qualifies as a "low-income
				individual" or as an individual within the class "military families"
				as defined in this rule.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-04 - Application For Waiver Of Initial Licensing Fees For Certain Individuals › Section 9-4-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Individuals requesting waiver of initial licensure fee waiver for
				low-income individuals or military families shall submit, with their
				license application and their waiver request form, the appropriate
				documentation as specified in this section.
4.2. To establish low-income
				eligibility for an initial licensure fee waiver, an applicant shall
				submit to the Board a federal tax return or documentation of
				eligibility for one of the following public benefit programs:
4.2.1. The Temporary Assistance for
				Needy Families Program;
4.2.2. Medicaid; or
4.2.3. The Supplemental Nutrition
				Assistance Program.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 9-5-1 - 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 § 30-22-7.
1.3. Filing Date. -- April 28,
				2020.
1.4. Effective
				Date. -- April 30, 2020.
1.5. Sunset Provision. -- This rule
				shall terminate and have no further force or effect upon the
				expiration of April 30, 2030.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 9-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Board" means the Landscape Architect Board established pursuant to
				W.Va. Code § 30-22-1 et seq.
2.2 "Initial licensure" means
				obtaining a license in West Virginia for the practice of landscape
				architecture for the first time.
2.3. "License" or "licensure" means
				the official authorization by the board to engage in the practice of
				landscape architecture.
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 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 9-5-3 - Rational nexus to the practice of Landscape Architect

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 remain unreversed unless that
				conviction is for a crime that bears a rational nexus to the practice
				of landscape architecture. In determining whether a criminal
				conviction bears a rational nexus to landscape architecture, the
				board shall consider 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 landscape
				architect; and
3.1.4. Any
				evidence of rehabilitation or treatment undertaken by the
				individual.
West Virginia Code of State Rules › Agency 9 - Landscape Architects › Title 9 - LEGISLATIVE RULE WEST VIRGINIA STATE BOARD OF LANDSCAPE ARCHITECTS › Series 9-05 - Consideration of Prior Criminal Convictions in Initial Licensure Determinations › Section 9-5-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If an applicant has been
				denied licensure because of a prior criminal conviction, the board
				shall permit the applicant to apply for initial licensure if:
4.1.1. A period of five (5) 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.