reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-10 - Marriage and Family Therapist License Renewal and Continuing Professional Education Requirements › Section 27-10-3 - Renewal of license

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A
				licensee shall renew his or her license annually on or before June 30.
3.1.a. A licensee shall file the required
				licensure renewal application in the manner prescribed by the Board and shall
				pay the appropriate renewal fee.
3.1.b. For each biennium reporting period for
				continuing education, the licensee shall provide a signed statement certifying
				that the continuing education requirements have been met, as set forth in
				section 4 of this rule. The certification statement will be included on the
				renewal application form on a biennial basis except as noted in section
				3.4.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-10 - Marriage and Family Therapist License Renewal and Continuing Professional Education Requirements › Section 27-10-4 - Continuing Professional Education

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A licensee shall obtain 35 continuing
				education contact hours of approved continuing professional education every
				biennium.
4.1.a. At least 3 of the 35 contact
				hours shall be in marriage and family therapists' related ethics. The program
				in ethics shall follow the adopted ethical code of this rule. The 3 contact
				hours in ethics shall be earned in a formal program with an approved presenter
				on the first renewal cycle of a licensee. The 3 contact hours in ethics in the
				subsequent renewals can be obtained through American Association for Marriage
				and Family Therapists (AAMFT) home studies, AAMFT online programs or a formal
				program.
4.1.b. At least 2 of the
				35 contact hours shall be in mental health conditions specific to veterans and
				family members of veterans. Each licensee shall complete these 2 contacts hours
				of continuing education July 1, 2017. Training specific to veterans and family
				members of veterans may include, but not be limited to, inquiring about whether
				clients are veterans or family members of veterans; screening for conditions
				such as post-traumatic stress disorder; readjustment issues; risk of suicide
				and prevention of suicide; military sexual assault; and depression and grief.
				The contact hours will be approved by the Board through requirements
				established in section § 27-10-6.2.a of this rule.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-10 - Marriage and Family Therapist License Renewal and Continuing Professional Education Requirements › Section 27-10-5 - Documentation of continuing professional education required for renewal of a license

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Transcripts shall verify courses taken for credit at accredited educational
				institutions. Completion of non-credit courses shall be verified by
				certificates of completion or by signed statements from instructors.
5.2. Presenters of approved graduate college
				courses shall submit a letter from the institution including: the date the
				course was taught; the course number; the course description; and the signature
				of the department chair.
5.3.
				Copies of publications presented for continuing professional education shall be
				furnished to the Board. In the case of journal articles, a copy of the
				journal's page showing the names of its editorial review Board shall be
				included to document that the journal is referred.
5.4. A copy of the certificate of completion
				furnished by the provider shall document all other continuing professional
				education. The certificates shall contain the information cited in paragraph
				6.2.a.2.L. of this rule. In addition, the licensee shall record his or her
				license number in the appropriate place on the certificate of
				completion.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-11 - Disciplinary and Complaint Procedures for Marriage and Family Therapist › Section 27-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies the procedure for the investigation and resolution of complaints
				against marriage and family therapists.
1.2. Authority. -- W. Va. Code
§
30-31-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- July 19, 2016.
1.4. Effective Date. -- August 19,
				2016.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-11 - Disciplinary and Complaint Procedures for Marriage and Family Therapist › Section 27-11-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all persons practicing or making
				  application to practice as marriage and family therapist.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-11 - Disciplinary and Complaint Procedures for Marriage and Family Therapist › Section 27-11-3 - 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 to practice marriage and family
				therapy.
3.2. "Board" means the
				West Virginia Board of Examiners in Counseling.
3.3. "License" means a license issued by the
				Board to practice marriage and family therapy.
3.4. "Licensed Marriage and Family Therapist"
				means a person who practices marriage and family therapy pursuant to W. Va.
				Code
§
30-31-1.
3.5. "Ethics investigator" means a person who
				is hired and/or engaged by the Board for the purpose of reviewing complaints
				against marriage and family therapist.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-11 - Disciplinary and Complaint Procedures for Marriage and Family Therapist › Section 27-11-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of an Applicant for Licensure or Licensee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 or applicant has been convicted of a felony or is, in his or her
				professional capacity, engaged in conduct, practices or acts constituting
				professional negligence, including, but not limited to, the following:
(1). Used narcotic drugs, other controlled
				substances or alcohol to the extent that it affects his or her professional
				competency;
(2). Is under a
				declaration of mental incompetence;
(3). Has obtained or attempted to obtain a
				marriage and family therapy license by fraud, deceit or willful
				misrepresentation;
(4). Has
				violated the current code of ethics adopted by the Board;
(5). Has impersonated another licensed
				marriage and family therapist;
(6).
				Has practiced, condoned, facilitated or collaborated with any form of
				discrimination against any person or group;
(7). Has engaged in any action that violates
				or diminishes the civil or legal rights of clients;
(8). Has been involved with the sexual
				exploitation of clients;
(9). Has
				claimed, either directly or by implication, professional qualifications that
				differ from his or her actual qualifications;
(10). Has practiced outside the areas of
				competence and services provided that are listed on his or her professional
				disclosure statement;
(11). Has
				engaged in activities resulting in personal gain based upon information
				accessible solely as a result of the confidential relationship, regardless of
				the absence of harm or detriment to the client;
(12). Has condoned, facilitated or
				collaborated in unethical practices, which he or she is obligated to report to
				the West Virginia Board of Examiners in Counseling; or a willful departure from
				accepted standards of professional conduct in violation of W. Va. Code
§
30-31-1 et seq. and/or the Legislative Rules, all series, of
				the Board.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-11 - Disciplinary and Complaint Procedures for Marriage and Family Therapist › Section 27-11-5 - 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 licensed marriage and family
				therapist or applicant with a violation of W. Va. Code
§
30-31-1 et seq. and/or the Legislative rules, all series, 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 must contain the following:
5.1.a. The name and address of the licensed
				marriage and family therapist against whom the complaint is lodged;
5.1.b. The date or dates the incident or
				incidents occurred;
5.1.c. The name
				of any professional who may have treated the client after the alleged
				incident;
5.1.d. The name or names
				of witnesses to the incident or incidents; and,
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-11 - Disciplinary and Complaint Procedures for Marriage and Family Therapist › Section 27-11-6 - 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 a marriage and family therapists conduct,
				practices or acts constitute an immediate danger to the public.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-11 - Disciplinary and Complaint Procedures for Marriage and Family Therapist › Section 27-11-7 - 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 Legislative rules, all series, of
				the Board: Provided, that the appeal shall not include cases in which the Board
				denies a license or certificate after an examination to test the knowledge or
				the ability of the applicant where the controversy concerns whether the
				examination was fair or whether the applicant passed the examination.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-1 - 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
§§
30-31-1 et seq. and 30-1-1 et
				seq.
1.3. Filing Date. -- July 19,
				2016
1.4. Effective Date. -- August
				19, 2016
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all persons practicing or making
				  application to practice as marriage and family therapy.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-3 - 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:
3.1. "Applicant" means any person making
				application for an original or renewal license to practice marriage and family
				therapy.
3.2. "Board" means the
				West Virginia Board of Examiners in Counseling.
3.3. "Demanding party" means an individual
				who has been denied a license to practice marriage and family therapy by the
				Board and who, as a result, demands that a hearing be held before the Board on
				the issue of the denial.
3.4.
				"Charged party" means an individual who holds a license to practice marriage
				and family therapy issued by the Board and who has been charged by the Board as
				described in subsection 5.4. of this rule.
3.5. "License" means a license issued by the
				Board to practice marriage and family therapy.
3.6. "Licensee" means an individual who holds
				a license to practice marriage and family therapy issued by the
				Board.
3.7. "Practice of marriage
				and family therapy" means the practice of marriage and family therapy as
				defined in W. Va. Code §
									30-31-2
				and includes therapists who hold themselves out to the public to engage in
				marriage and family therapy or supervising those who render services for
				compensation or other personal gain involving the application of marriage and
				family therapy procedures, specific within the context of marriage and family
				systems, to help in learning how to solve problems or make decision related to
				personal growth, marriage, family or other interpersonal or intrapersonal
				concerns.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-4 - Pre-conferences; Conferences; Informal Disposition of Cases

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At any time prior to the hearing or
				thereafter, the Board, or its designee may hold conferences for the following
				purposes:
4.1.a. To dispose of procedural
				requests, pre-hearing motions or similar matters;
4.1.b. To simplify or settle issues by
				consent of the parties; or,
4.1.c.
				To provide for the informal disposition of cases by stipulation or
				agreement.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-5 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any
				applicant denied a license or any licensee or permit holder who has had their
				license suspended by the Board who believes the denial was in violation of W.
				Va. Code
§§
30-1-1 et seq. and/or 30-31-1 et seq. is
				entitled to a hearing on the action denying or suspending such
				license.
5.2. Any person who
				desires a hearing for the reason described in subsection 5.1 of this section
				must present a written demand for a hearing to the Board.
5.3. A hearing will be scheduled within sixty
				(60) days of receipt of the written demand. The hearing may be postponed to a
				later date by mutual agreement.
5.4. Charges may be instituted against any
				licensee by the Board when probable cause exists for believing that the
				licensee may have engaged in conduct, practices or acts in such condition that
				his or her license should be suspended, revoked or otherwise disciplined for
				one or more of the grounds set forth in W. Va. Code
§
30-31-9
				et seq. or Legislative rule, Title 27, all series. Charges may be based upon
				information received by way of a verified written complaint filed with the
				Board and further information gathered by the Board in the process of
				investigating a complaint. Charges may also be based upon information received
				solely through investigative activities undertaken by the Board.
5.5. A complaint and notice of hearing
				containing the written charges filed against a licensee must be sent to the
				licensee at least 30 days prior to the date of the hearing.
5.5.a. The Board is designated as the
				Complainant in the complaint and notice of hearing.
5.5.b. The licensee is designated as the
				Respondent in the complaint and notice of hearing.
5.5.c. The complaint and notice of hearing
				must clearly state the substance of each offense, act of failure to act in
				sufficient detail to advise the Respondent of the charges or complaint against
				him or her. This may include, but is not limited to, the time and place the act
				or failure to act occurred and the law or rule that was violated.
5.5.d. The complaint and notice of hearing
				must give the date, time and place for the hearing.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-6 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence will be reported by
				stenographic notes and characters or by mechanical means.
6.2. All reported materials will be
				transcribed. The Board has the responsibility to make arrangements for the
				transcription of the reported testimony and evidence.
6.3. 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 will settle all differences arising as to whether the
				transcript truly discloses what occurred at the hearing and will require the
				transcript be corrected and/or revised as appropriate so as to make it conform
				to the truth.
6.4. A transcript of
				the hearing will 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 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-7 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-8 - Depositions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. 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 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-9 - Subpoenas

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Subpoenas to
				compel the attendance of witnesses and subpoenas duces tecum to compel the
				production of documents may be issued by any member of the Board, its Executive
				Secretary, and its Assistant Executive Secretary. Such subpoenas shall be
				issued pursuant to W. Va. Code
§
29A-5-1(b).
9.2. Written requests by a party for the
				issuance of subpoenas or subpoenas duces tecum as provided in subsection 9.1 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
				must have them properly served in accordance with W. Va. Code
§
29A-5-1(b).
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board following a hearing conducted pursuant to this rule
				must be made pursuant to the provisions of W. Va. Code
§§
29A-5-3 and 30-1-8(d). All final orders must 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.
10.2. The findings of fact and
				conclusions of law must be approved by a majority of the Board either by a poll
				or vote at a regular meeting, before a final order is entered. A copy of the
				final order approved by a majority of the Board must 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.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-12 - Contested Case Hearing Procedure for Marriage and Family Therapist › Section 27-12-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
An appeal from any final order entered in accordance with
				  these rules must comply with the provisions of W. Va. Code
§§
30-1-9 and 29A-6-1 et seq.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-13 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 27-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for waiving the initial licensing fee for low
				income individuals and military personnel and their spouses.
1.2. Authority. -- W. Va. Code §
									30-1-23,
				and W. Va. Code §
									30-31-5.
1.3. Filing Date. - May 6, 2020
1.4. Effective Date. - May 6, 2020
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect on March 6,
				2025.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-13 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 27-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Initial"
				means obtaining a license in West Virginia for the practice of counseling or
				marriage and family therapy for the first time.
2.2. "Local labor market" means every county
				in West Virginia, and any county outside of West Virginia if any portion of
				that county is within fifty miles of the border of West Virginia, pursuant to
				W.Va. Code §
									21-1C-2.
2.3. "Low-income individual" means an
				individual in the local labor market as defined in W. Va. Code §
									21-1C-2,
				whose household adjusted gross income is below 130 percent of the federal
				poverty line. This term also includes any person enrolled in a state or federal
				public assistance program including, but not limited to, the Temporary
				Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental
				Nutrition Assistance Program (SNAP).
2.4. "Military families" means any person who
				serves as an active member of the armed forces of the United States, the
				National Guard, or a reserve component as described in
				38
				U. S. C. §
										101, honorably discharged
				veterans of those forces, and their spouses. This term also includes surviving
				spouses of deceased service members who have not remarried.
West Virginia Code of State Rules › Agency 27 - Counseling › Title 27 - LEGISLATIVE RULE BOARD OF EXAMINERS IN COUNSELING › Series 27-13 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 27-13-3 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may issue a license to an
				applicant who meets the requirements of W. Va. Code
				30-31-1 et seq.
				and the rules promulgated by the Board, and the Board shall waive the initial
				licensure fee if the applicant qualifies as a "low-income individual" or as a
				member of one or more" military families" as defined in this rule. 3.2.
				Low-income individuals, as defined in this rule, may seek a waiver of the
				initial licensure fee for licensure as a professional counselor or marriage and
				family therapist by submitting with their complete application a low-income
				waiver of initial licensure fee form, provided by the Board, and all required
				verification documents as prescribed by the Board. The Board shall review the
				application and issue a decision within 30 days of receipt of the complete
				application.
3.3. Military
				families, as defined in this rule, may seek a waiver of the initial licensure
				fee for licensure as a professional counselor or marriage and family therapist
				by submitting with their complete application a military service verification
				form, provided by the Board, and all required verification documents as
				prescribed by the Board. The Board shall review the application and issue a
				decision within 30 days of receipt of the complete application.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				procedural rule governs the West Virginia Contractor Licensing Board's regular
				meetings, special meetings, and emergency meetings, establishes procedures for
				disciplinary hearings conducted by the Board, and establishes procedures for an
				appeal by any person adversely affected by a decision of the Board.
1.2. Authority. -- W. Va. Code §
									30-1-8, §
									30-42-5, §
									29A-3-3, and §
									29A-5-1
et
				seq
.
1.3. Filing Date. --
				July 10, 2023.
1.4. Effective Date.
				-- August 10, 2023.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This procedural rule applies to the Board, to the Board's
				licensees, to any person desiring to attend a Board meeting or to address the
				Board, and to any person adversely affected by a decision of the
				Board.
2.2. Enforcement. -- The
				enforcement of this rule is vested in the Board.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-4 - Board Organization; How Meetings Are Conducted; Conflict of Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Board members
				shall be appointed by the Governor and serve as provided by W. Va. Code §
									30-42-4.
4.2. The Board's voting members shall elect a
				Chair and a Vice-Chair who shall serve for a term of one year.
4.2.1. The Chair and Vice-Chair may serve
				successive terms.
4.2.2. The
				incumbent Chair and Vice-Chair shall continue to serve until their replacements
				have been elected.
4.2.3. The
				Board's voting members shall fill a vacancy by electing a new Chair or
				Vice-Chair.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-5 - Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Board will commence all regular meetings at 9:00 a.m. unless the time is
				otherwise changed by a majority vote of the Board.
5.2. The Board shall notify Board members of
				meeting dates, places, and agenda items at least five days prior to regular
				meetings.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-6 - Special Meetings; Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may convene special meetings or emergency meetings
				  when called by the Chair or Vice-Chair or upon the written request of a
				  majority of Board members.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-7 - Open Meetings; Notice of the Meeting; Agenda

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All Board meetings will be open to the
				public, except for executive sessions as permitted by W. Va. Code §
									6-9A-4 of the Open Governmental
				Proceedings Act.
7.2. Any person
				who desires to address the Board during a meeting may do so provided that the
				person registers his or her intent to address the Board at least 15 minutes
				prior to the time the meeting is scheduled to commence.
7.3. The Chair or Vice-Chair, in his or her
				sole discretion, may cause a person to be removed from a meeting who is
				disruptive or otherwise interferes with the orderly conduct of the
				meeting.
7.4. Except in the event
				of an emergency meeting requiring immediate official action, the Board shall
				electronically file a notice of every regular or special meeting with the
				Secretary of State for publication in the State Register at least five days
				prior to the date of the meeting, as required by W. Va. Code §
									6-9A-3(e). Each
				notice will state the time, place, and purpose of the meeting.
7.5. The Board will post the agenda of a
				regular or special meeting on the Board's website at least five days before the
				meeting.
7.6. In the event of an
				emergency meeting requiring immediate official action, as required by W. Va.
				Code §
									6-9A-3(h), the
				Board shall electronically file a notice with the Secretary of State as soon as
				practicable prior to the meeting, provided that all Board members have been
				notified of the meeting by email or by telephone at least 24 hours in advance
				of the time scheduled for the commencement of the meeting. The notice filed
				with the Secretary of State will state the time, place, and purpose of the
				meeting, and the facts and circumstances of the emergency.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-8 - Quorum; Board Administrative Action Vote Required; Board Disciplinary Action Vote Required; Vote By Proxy Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A majority of the voting appointed Board
				members present at a meeting constitutes a quorum.
8.2. A majority vote of Board members present
				at a meeting constitutes an official Board action for administrative matters,
				provided a quorum is present.
8.3.
				An affirmative vote of at least six Board members present at a meeting
				constitutes an official Board action for disciplinary matters.
8.4. Absent Board members are not permitted
				to vote by proxy.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-01 - Board Organization and Meeting Procedures; Hearing Procedures › Section 28-1-9 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board
				shall provide for the preparation of written minutes of all meetings.
9.2. The minutes must include the following
				information:
9.2.1. The date, time, and place
				of the meeting;
9.2.2. The name of
				each Board member present and absent;
9.2.3. All motions, proposals, resolutions,
				and orders, the name of the Board member proposing and seconding the same, and
				their disposition;
9.2.4. The name
				of any Board member who disqualifies or recuses himself or herself from
				participation in a matter before the Board due to a conflict of interest;
				and
9.2.5. The results of all votes
				and, upon the request of a Board member, the vote of each member, by
				name.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs licensing,
				fees, examinations, and penalties for violations in accordance with W. Va. Code
				§§30-42-1
et seq
. and 29A-3-1
et
				seq
.
1.2. Authority. -- W.
				Va. Code §§30-42-5, 30-42-8, and 30-42-16.
1.3. Filing Date. -- April 1, 2022.
1.4. Effective Date. -- May 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to the Board and to all persons,
				materials, and transactions governed by or otherwise within the jurisdiction of
				the Board.
2.2. Enforcement. The
				enforcement of this legislative rule is vested in the Board.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-4 - Licensure Required, Conditional Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Except as otherwise provided in the Act, no person may engage in contracting
				work in this state without a license.
4.2. No bid may be accepted by any person
				soliciting bids for construction which does not bear the contractor license
				number on its face.
4.3. The Board
				may grant a conditional license to an out-of-state contractor who seeks
				licensure for bid purposes only pursuant to W. Va. Code §30-42-5(e)(3).
4.3.1. Applicants for a conditional license
				must pass the West Virginia business and law examination by a score of at least
				70%, submit a completed application/affidavit requesting conditional licensure
				for bid purposes only to the Board, and pay the applicable license fee as
				prescribed in W. Va. Code §§30-42-7, 30-42-8, and subsection 5.4 of
				this rule.
4.3.2. If the entity
				granted a conditional license by the Board is awarded the construction project
				for which it bid, the entity must upgrade the conditional license to the
				applicable classifications prior to commencing work on the project and prior to
				the hiring of any subcontractors.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-5 - License Application; License Renewal; Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person desiring to be licensed as a
				contractor must submit a completed application/affidavit requesting licensure
				to the Board on forms supplied by the Board and pay the applicable license fee
				as prescribed in W. Va. Code §§30-42-7, 30-42-8, and 5.4 of this
				section.
5.2. All applicants must
				pass a written examination in each contractor classification for which they
				seek licensure, as set forth in the Act and section 6 of this rule, and a West
				Virginia business and law examination, except that in the case of an
				out-of-state contractor seeking licensure for bidding purposes only, the
				out-of-state contractor must pass only the West Virginia business and law
				examination in order to qualify for a conditional license.
5.3. A qualifier must submit an affidavit to
				the Board certifying the use of his or her examination score in order for the
				entity to obtain an initial license or to add an additional classification to
				an existing license.
5.3.1. A qualifier who
				achieves a passing score on a required examination may use the same score to
				qualify an additional entity in which that individual is also a member of the
				additional entity's responsible management.
5.3.2. If a firm closes out one entity in
				compliance with the business franchise tax provisions of W. Va. Code
				§11-23-1
et seq
., the workers' compensation provisions of
				W. Va. Code §23-1-1
et seq
., the unemployment
				compensation provisions of W. Va. Code §21A-1-1
et seq
.,
				and the applicable wage bonding requirements of W. Va. Code §21-5-14, a
				third entity may be licensed using the same examination score.
5.3.3. An entity's full-time employee who
				uses a passing score on a required examination to qualify his or her employer
				for licensure, and who has left the employment of such entity, may use the same
				score to qualify another entity in which he or she is a member of the
				responsible management.
5.3.4. A
				full-time employee may not use the same passing score on a required examination
				to qualify an additional entity for licensure as a full-time employee of the
				additional entity.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-6 - Examination Required

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person
				desiring a license under the provisions of the Act and this rule must take the
				examinations required by the Board and receive a score of at least 70% on each
				examination in order to qualify for a license. Any person who does not receive
				a score of at least 70% may apply for re-examination at the next regular
				examination session.
6.2. The Board
				shall provide examinations for each of the following classifications:
6.2.1. Concrete contractor;
6.2.2. Electrical contractor;
6.2.3. Excavation contractor;
6.2.4. General building contractor;
6.2.5. General engineering
				contractor;
6.2.6. Heating,
				ventilating, and cooling contractor;
6.2.7. Manufactured home installation
				contractor;
6.2.8. Masonry
				contractor;
6.2.9. Multifamily
				contractor;
6.2.10. Piping
				contractor;
6.2.11. Plumbing
				contractor;
6.2.12. Remodeling and
				repair contractor;
6.2.13.
				Residential contractor;
6.2.14.
				Sprinkler and fire protection contractor;
6.2.15. Structural steel erection
				contractor;
6.2.16. Utilities
				contractor; and
6.2.17. Any other
				specialty classifications as the Board determines warrant
				examination.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-7 - Cease and Desist Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Upon a
				determination that a person is engaged in contracting business in this state
				without a valid license, the Board shall issue a cease and desist order
				requiring that person to immediately cease all operations in this state. The
				person can immediately engage in contracting business upon issuance of a
				license. After an administrative hearing, as provided in section 8 of this
				rule, the Board may impose a penalty of not less than $200 nor more than $1,000
				upon any person engaging in contracting business in this state without a valid
				license.
7.2. The Board shall
				provide for a hearing before a penalty is assessed.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-02 - Contractor Licensing Act › Section 28-2-8 - Administrative Hearings; Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person
				adversely affected by any action of the Board, other than an action taken by
				the Board as the result of any administrative hearing conducted before the
				Board, may appeal to the Board within 60 calendar days of the action:
Provided
, That appeals from disciplinary actions shall follow
				the time frame of W. Va. Code §30-42-15(e). The Board shall hear the
				appeal within 30 calendar days from the receipt of notice of appeal in
				accordance with the provisions of W. Va. Code §29A-5-1
et
				seq
. Within five days of receipt of a request for hearing, the Board
				shall provide a notice containing the date, time, and place of the hearing and
				a short and plain statement of the matters asserted.
8.2. The Board may employ a hearing examiner
				to conduct the hearings and present proposed findings of fact and conclusions
				of law to the Board for its action.
8.3. The Board shall provide a written final
				decision to the aggrieved person within 30 calendar days of the close of
				hearing. The Board's final decision is subject to judicial review by a circuit
				court of competent jurisdiction as provided by W. Va. Code §30-42-15(f).
				Any appeal must be filed with the circuit court within 30 calendar days of the
				date of receipt of the Board's final decision.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the procedures for the handling of complaints against
				contractors by the West Virginia Contractor Licensing Board in accordance with
				W. Va. Code §§
									21-11-14
				and
				29A-5-1
				et seq.
1.2. Authority. -- W. Va.
				Code §
									21-11-14.
1.3. Filing Date. -- August 9,
				2002.
1.4. Effective Date. --
				November 1, 2002.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to the West Virginia Division of
				Labor, the West Virginia Contractor Licensing Board and all persons, materials
				and transactions governed or otherwise defined under the coverage of the West
				Virginia Contractor Licensing Act, W. Va. Code §
									21-11-1 et
				seq.
2.2. Enforcement. The
				enforcement of this rule is vested with the West Virginia Division of Labor and
				the West Virginia Contractor Licensing Board.
West Virginia Code of State Rules › Agency 28 - Contractor Licensing Board › Title 28 - LEGISLATIVE RULE WEST VIRGINIA CONTRACTOR LICENSING BOARD › Series 28-03 - Complaints › Section 28-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The "Act"
				means the West Virginia Contractor Licensing Act, W. Va. Code §
									21-11-1 et
				seq., and applicable legislative rules.
3.2. "Board" means the West Virginia
				Contractor Licensing Board.
3.3.
				"Commissioner" means the commissioner of the West Virginia Division of
				Labor.
3.4. "Contractor" means a
				person who in any capacity for compensation, other than as an employee of
				another, undertakes, offers to undertake, purports to have the capacity to
				undertake, or submits a bid to construct, alter, repair, add to, subtract from,
				improve, move, wreck or demolish any building, highway, road, railroad,
				structure or excavation associated with a project, development or improvement,
				or to do any part thereof, including the erection of scaffolding or other
				structures or works in connection therewith, where the cost of the undertaking
				is one thousand dollars or more.
3.5. "Division" means the West Virginia
				Division of Labor.
3.6. "License"
				means a license to engage in business in this state as a contractor in one of
				the classifications set out in W. Va. Code §
									21-11-3.
3.7. "Undertaking" means the entire
				construction project. The value of the undertaking shall be determined by
				adding the cost of labor and materials required to accomplish it.