reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-02 - Mandatory Continuing Education For Land Surveyors › Section 23-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. 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:
2.1.1. "Dual licensee" means a person who is
				licensed as both a land surveyor and another related professional. The term
				"licensee" includes dual licensees.
2.1.2. "Continuing professional competency"
				means competency to engage in the practice of land surveying demonstrated by
				the completion of continuing education activities that meet the requirements
				established in this rule.
2.1.3.
				"Professional development hour" or "PDH" means fifty minutes of instruction or
				presentation that meets the requirements established in this rule. PDH units
				are the common denominator for other units of credit.
2.1.4. "Continuing education unit" or "CEU"
				means the nationally recognized and uniform unit of measure of the
				International Association for Continuing Education and Training (IACET) awarded
				for ten contact hours of continuing education and training. For continuing
				professional competency activities that fully follow the requirements of the
				IACET, one CEU is equivalent to ten PDHs.
2.1.5. "College/Unit Semester/Quarter Hour"
				means credit for successful completion of college or university courses
				accredited by the Accreditation Board for Engineering and Technology (ABET) or
				successful completion of other college or university courses related to the
				practice of land surveying and approved by the Board.
2.1.6. "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 relevant to the
				licensee's field of practice as determined by the Board. Qualifying courses or
				activities may include correspondence, televised, videotaped, Internet, and
				other short courses and tutorials; seminars, in-house courses and workshops;
				and professional or technical presentations made at meetings, conventions, or
				conferences.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-02 - Mandatory Continuing Education For Land Surveyors › Section 23-2-3 - Continuing Professional Competency Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Every licensee, as a prerequisite to
				license renewal, shall acquire eight PDH units for each renewal period year,
				except that through the end of the first year that mandatory continuing
				education is in effect, ending June 30, 2002, the requirement is four PDH
				units. If a licensee exceeds the annual requirement in any renewal period, a
				maximum of eight PDH units may be carried forward into the subsequent renewal
				period.
3.2. Every four years, as a
				part of the required 32 PDH Units, a licensee shall complete:
3.2.1. A minimum of two PDH units on minimum
				technical standards, in courses or activities sponsored or approved by the
				Board; and
3.2.2. A minimum of two
				PDH units on professional ethics for land surveyors at a seminar sponsored or
				approved by the board.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-02 - Mandatory Continuing Education For Land Surveyors › Section 23-2-4 - Reporting and Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A licensee shall complete, sign and
				submit on forms prescribed or accepted 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 professional development
				hours. Maintaining records to be used to support credits claimed is the
				responsibility of the licensee. A licensee shall maintain records of compliance
				with the provisions of this rule for a period of four years and the Board may
				request copies of the records for audit verification purposes. Acceptable
				records may include, but are not limited to:
4.1.1. A log showing the type of activity
				claimed, the sponsoring organization, the activity's location, the activity's
				duration, the instructor's or speaker's name, and the PDH units
				earned;
4.1.2. Attendance
				verification records in the form of completion certificates or other documents
				supporting evidence of attendance; or
4.1.3. Records as maintained by the
				Professional Development Registry for Engineers and Surveyors (PDRES) or other
				similar repositories.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-02 - Mandatory Continuing Education For Land Surveyors › Section 23-2-5 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The following
				licensees are not subject to the requirements of subsections 3.1 and 3.2 of
				this rule and may be exempt from mandatory continuing education:
5.1.1. New licensees by way of examination
				are exempt for their first renewal period;
5.1.2. 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 professional development hours required during that year;
5.1.3. A licensee experiencing physical
				disability, illness, or other extenuating circumstances may submit supporting
				documentation to the board and request exemption for the renewal year in which
				the disability, illness, or extenuating circumstance occurs. Upon review of the
				circumstances and approval by the board, the licensee is exempt;
5.1.4. A licensee is exempt for any renewal
				year in which he or she is employed as a professional land surveyor and is
				assigned to duty outside of the United States for a period exceeding one
				hundred twenty (120) consecutive days during that year;
5.1.5. A licensee who lists his or her
				occupation as "Retired" on the Board approved renewal form and who further
				certifies that he or she is no longer receiving any remuneration from providing
				professional land surveying services is exempt from the professional
				development hours required. In the event a retired licensee elects to return to
				the active practice of land surveying, the licensee shall acquire professional
				development hours for each year exempted up to two years prior to returning to
				active practice; and
5.1.6. A
				nonresident licensee, who otherwise meets all renewal requirements and is
				licensed in any other state or jurisdiction approved and listed by the Board
				that has continuing professional competency requirements which the licensee has
				met, may certify compliance with the continuing professional competency
				requirements of the other jurisdiction in lieu of compliance with the
				provisions of subsection 3.1 of this rule.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-02 - Mandatory Continuing Education For Land Surveyors › Section 23-2-6 - Review and Audit Processes

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The staff of the Board shall scan all
				forms certifying acquisition of required professional development hours in
				order to detect obvious errors including errors in listing activities and PDH
				units, carryover errors, and omitted signatures. The Board may return forms
				containing obvious and significant errors to licensees for correction or
				explanation.
6.2. For each annual
				renewal period, the Board shall select on a random basis not less than five
				percent of 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 further evidence necessary to satisfy the Board that the
				licensee has complied with the continuing professional competency requirements
				of this rule.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies a procedure for the investigation and resolution of complaints
				against land surveyors.
1.2.
				Authority. -- W. Va. Code §§
									30-13A-6
				and
				30-1-1 et
				seq.
1.3. Filing Date. -- July 12,
				2011.
1.4. Effective Date. --
				August 12, 2011.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule applies to all persons licensed or seeking
				  licensure as a professional surveyor, and all persons endorsed or seeking
				  endorsement to practice in a specialized field of surveying pursuant to W. Va.
				  Code §
									30-13A-1
				  et seq.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
3.1. "Applicant" means a person who has
				submitted an application for a license, or a license renewal to the
				Board.
3.2. "Land Surveyor" or
				"Surveyor" means a person who engages in the practice of land surveying as
				defined in W. Va. Code §
									30-13A-3.
3.3. "Board" means the West Virginia Board of
				Professional Surveyors.
3.4.
				"License" means the license issued by the board to qualified persons engaged in
				the practice of land surveying pursuant to W. Va. Code §
									30-13A-1
				et seq.
3.5. "Investigator" means a
				member or staff member of the board, or a licensed land surveyor, attorney,
				paralegal, or present or former law enforcement officer hired or authorized by
				the Board, who is assigned the duty to make a preliminary evaluation of a
				complaint and to ascertain and report to the Board factual information related
				to a complaint against a land surveyor.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-4 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Any person aggrieved by the acts of a professional surveyor may make initial
				inquiry to the board by letter or telephone. The board shall make and keep a
				record of the date and time of telephone calls making inquiry related to a
				complaint, together with a notation of the date a complaint form was mailed,
				but a complaint must be reduced to writing and received by the Board before it
				is considered as filed.
4.2. Any
				person, firm, corporation, member of the Board, or public officer may make a
				complaint to the Board which charges a professional surveyor with a violation
				of W. Va. Code §§
									30-1-8,
				30-13A-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 so long as it
				contains substantially the same information. In addition to a written narrative
				describing the matter complained of, the complaint should contain the
				following:
4.2.a. The name, address and
				telephone number of the person making the complaint;
4.2.b. The name, address and telephone number
				of the professional surveyor against whom the complaint is lodged;
4.2.c. Information as to whether there was a
				contract or letter of agreement with the professional surveyor relevant to the
				matters charged in the complaint. If there was a contract or letter of
				agreement, a copy should be submitted as an attachment.
4.2.d. An attachment submitting any
				additional documents in the possession of the complainant relevant to the
				matters charged in the complaint.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-5 - Requests for Hearing Following Denial of a License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any applicant who has had his or her
				application for a license denied by order of the Board may request a hearing on
				the denial within twenty (20) days of that action in accordance with the
				contested case hearing procedures set forth in W. Va. Code §
									29A-5-1
				et seq. and the rules of the Board.
5.2. Contested cases involving a licensed
				professional surveyor whose renewal of a license was denied for reasons that
				constitute grounds for professional discipline are treated as disciplinary
				matters under section 6 of this rule for purposes of determining the burden of
				proof and other procedural questions.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-6 - Hearing Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Any applicant denied a license who submits a written demand for hearing to the
				Board within twenty (20) days following the denial is entitled to a hearing on
				the action denying the license. Any professional surveyor against whom a
				complaint is filed, may at any time following receipt of a Notice of alleged
				violation, but before a hearing before the board is scheduled, submit a written
				demand for a hearing.
6.2. When the
				Chairman of the Board or his or her authorized designee is presented with a
				demand for a hearing, he or she shall schedule a hearing not less than ten (10)
				nor more than thirty (30) days of receipt of the written demand, unless
				postponed to a later date by mutual agreement.
6.3. Following receipt of a professional
				surveyor's response to a Notice of alleged violation, and determination by the
				Board that probable cause exists for the Board to find that the professional
				surveyor committed misconduct for which he or she may be disciplined by the
				Board, the Secretary shall provide the professional surveyor charged with an
				Order, issued in the name of the Board, scheduling the case for formal hearing
				before the Board. The Order shall be served by certified mail, return receipt
				requested, upon the charged party at least thirty (30) days prior to the date
				of hearing. The Order shall state with particularity, by reference to the W.
				Va. Code or Rule of the Board thereunder, the matters charged in the complaint.
				The Order shall state the date, time and place for the hearing. The Board may
				thereafter amend the charges set forth in the Order, except that a hearing
				based on amended charges is subject to the same thirty (30) day notice
				requirement.
6.4. The Order
				scheduling a case for formal hearing before the Board shall include a time
				frame order requiring all parties to a disciplinary action, within fifteen (15)
				days of the service of the Order but not later than three days prior to the
				scheduled date of the hearing, to exchange the following:
6.4.a. A list of proposed witnesses at
				hearing with addresses and telephone numbers;
6.4.b. Copies of documentary evidence and
				lists of exhibits intended to be introduced into evidence at hearing;
				and
6.4.c. Copies of any witness
				statements in the possession or under the control of the Board.
6.4.d. The time frame for exchanging witness
				lists, statements of Board witnesses, copies of documentary evidence and lists
				of exhibits may be extended by agreement of the parties.
6.4.e. The Board has a continuing duty to
				disclose exculpatory evidence.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-7 - Transcription of Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All testimony, evidence, arguments and
				rulings on the admissibility of testimony and evidence shall be reported by
				stenographic notes and characters or by mechanical means.
7.2. All reported materials shall be
				transcribed. The Board shall have the responsibility to make arrangements for
				the transcription of the reported testimony and evidence.
7.3. Upon the motion of the Board or any
				party assigning error or omission in any part of any transcript, the Chairman,
				presiding member, or hearing examiner shall settle all differences arising as
				to whether the transcript truly discloses what occurred at the hearing and
				shall direct that the transcript be corrected and/or revised as appropriate so
				as to make it conform to the truth.
7.4. A transcript of the hearing shall be
				provided to all members of the Board for review at least ten (10) days before
				the vote is taken on its decision in any disciplinary matter.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-8 - Submission of Proposed Findings of Fact and Conclusions of Law

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any party may
				submit proposed findings of fact and conclusions of law at a time and manner
				designated by the Board.
8.2. The
				Board may also initiate or consider stipulation or agreement proposals with
				regard to the informal disposition of cases and may enter into an agreed
				stipulation and order without conference.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-9 - Depositions and Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Evidentiary depositions may be taken on a voluntary basis and read or otherwise
				included into evidence as in civil actions in the circuit courts of this state.
				Neither the Board nor the professional surveyor who is the subject of a
				disciplinary action is entitled to subpoena witnesses for purposes of discovery
				depositions.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-10 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any final
				order entered by the Board imposing a disciplinary action shall be supported by
				a written statement of findings of fact and the reasons for the decision. Final
				orders following hearings shall be made pursuant to the provisions of W. Va.
				Code §§
									29A-5-3 and
				30-1-8
				et seq. Final orders shall be entered within forty-five (45) days following the
				submission of all documents and materials necessary for the proper disposition
				of the case, including transcripts, and shall contain findings of fact and
				conclusions of law.
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 shall be
				served upon the demanding or charged party and/or his or her attorney of
				record, if any, within ten (10) days after entry by the Board by personal
				service or by registered or certified mail.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-03 - Disciplinary And Complaint Procedures For Land Surveyors › Section 23-3-11 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of W. Va. Code §§
									30-1-9
				and
				29A-6-1
				et seq.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-04 - Fees For Surveyors And Surveying Firms In West Virginia › Section 23-4-1 - General Information and Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is promulgated by
				the Board of Professional Surveyors, hereinafter referred to as the Board or
				WVBPS, to establish fees payable to the Board for various services.
1.2. Authority. -- W. Va. Code §
									30-13A-6.
1.3. Filing Date. -- April 30,
				2008.
1.4. Effective Date. -- May
				1, 2008.
1.5. This rule applies to
				all applicants for licensure, all professional surveyors and all firms holding
				a certificate of authorization pursuant to § 30-13A-1 et seq.
1.6. This legislative rule, together with
				legislative rules 23 CSR 1 "Examination and Licensing of Professional Surveyors
				in West Virginia" and 23 CSR 5 "Standards for the Practice of Surveying in West
				Virginia" repeals and replaces West Virginia 23 CSR 1 "Rules and Minimum
				Standards for Practice of Land Surveying in West Virginia" filed and effective
				June 6, 2005.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-04 - Fees For Surveyors And Surveying Firms In West Virginia › Section 23-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
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. "Application Fee"
				means a nonrefundable fee that is due at the time the initial application is
				submitted. Applications received without requisite fees are returned by the
				Board as incomplete.
2.2. "COA"
				means Certificate of Authorization.
2.3. "COA Late Fee" means a fee charged to a
				firm for renewal fees postmarked after the annual expiration date for each
				month or partial month that the COA renewal fee remains unpaid.
2.4. "Re-Notification Fee" means an
				administrative fee charged to a licensee for a subsequent demand or inquiry
				following a licensee's failure to respond to, or comply with, a communication,
				request, inquiry, or order from the Board.
2.5. "FS Exam" means the NCEES Fundamentals
				of Surveying Examination.
2.6.
				"NCEES" means the National Council of Examiners for Engineering and
				Surveying.
2.7. "PS" means a
				licensed Professional Surveyor who has met all of the examination and licensing
				requirements as set forth in 30-13A-1 et seq. and is an acronym used after the
				surveyor's name to indicate he or she is a licensed surveyor with the
				Board.
2.8. "PS Exam" means the
				NCEES Principles and Practice of Surveying Examination.
2.9. "PS License Renewal Late Fee" means a
				fee charged to the licensee for renewal fees postmarked after the annual
				expiration date for each month or partial month that the PS license renewal fee
				remains unpaid for up to thirty-six (36) months.
2.10. "Returned Check Fee" means an
				administrative fee for a payment made by a check that is returned due to
				insufficient funds, account closure or other failure to negotiate
				payment.
2.11. "WV Exam" means the
				state-specific West Virginia Professional Surveyors Examination developed by
				the Board.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-04 - Fees For Surveyors And Surveying Firms In West Virginia › Section 23-4-3 - Payment of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				fees are payable to the West Virginia Board of Professional Surveyors. Fees
				shall be paid by check or money order, or credit card, if available.
3.2. All fees paid to the board are
				nonrefundable.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-04 - Fees For Surveyors And Surveying Firms In West Virginia › Section 23-4-4 - Fee Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The Board of Professional Surveyors hereby establishes the following schedule
				of fees for services rendered by the Board.
4.2. Surveyor Intern (SI).
4.2.a. Application/Reapplication Fee
				$120.00
4.2.b. FS
				Examination/Reexamination Fees As charged by NCEES
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-04 - Fees For Surveyors And Surveying Firms In West Virginia › Section 23-4-5 - Assessment of Costs in Disciplinary Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Pursuant to W. Va. Code §
									30-1-8,
				the West Virginia Board of Professional Surveyors may assess, and require
				payment from, a licensee for reimbursement of the administrative expenses
				incurred by the Board in the course of disciplinary proceedings against the
				licensee. These expenses may include, but are not limited to, the costs of
				investigation, legal notices and other correspondence, legal fees, witness
				fees, court reporter fees and administrative time expended by the Board's
				members, staff, consultants or contractors.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-1 - General Information and Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is promulgated by
				the Board of Professional Surveyors, hereinafter referred to as the Board or
				WVBPS, to govern the practice of surveying in West Virginia (WV).
1.2. Authority. -- W. Va. Code §
									30-13A-6.
1.3. Filing Date. -- April 30,
				2008.
1.4. Effective Date. -- May
				1, 2008.
1.5. This Rule for the
				practice of surveying is promulgated for the purpose of establishing standards
				of practice and the administration and enforcement of W. Va. Code §§
									30-1-1 et
				seq. and 30-13A-1 et seq. and shall be binding upon persons or firms involved
				in the practice of surveying under § 30-13A-1 et seq.
1.6. Repeal of Former Rules. -- This
				legislative rule, together with legislative rules 23 CSR 1 "Examination and
				Licensing of Professional Surveyors in West Virginia" and 23 CSR 4 "Fees for
				Surveyors and Surveying Firms" repeals and replaces West Virginia 23 CSR 1
				"Rules and Minimum Standards for Practice of Land Surveying in West Virginia"
				filed and effective June 6, 2005.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
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. "Boundary survey"
				means a surface or subsurface survey, in whole or in part, in which the
				property or easement lines or the ownership or possession lines of a parcel of
				land, claim area, possession area or encroachment area have been established by
				field survey and may include retracing existing property or easement lines; the
				creation of a new easement or right-of-way; the partition, cut-out or
				subdivision of lots or parcels from an existing property, or the subdivision of
				an existing property into several lots, blocks or streets.
2.2. "Certified survey document" means a
				tangible or digital copy or duplicate of an original survey document with the
				signature of the licensee ascribed, the seal of the licensee affixed and the
				endorsement of the licensee, if applicable, and date of signing identified and
				may be presented to a clerk or public official for recording or
				filing.
2.3. "Employee" means a
				person who is hired on a full-time, part-time, or temporary basis and is on the
				payroll of an employer or firm with the legal obligation to withhold and pay
				taxes to government agencies based on the salary, wages or other compensation
				provided by the employer or firm and who does not meet the Internal Revenue
				Service's definition of a contractor or subcontractor.
2.4. "Endorsement" means an endorsement or
				authorization to practice underground surveying or in a specialized field of
				surveying or mapping.
2.5. "Felony"
				means a felony related to the fitness of a surveyor to engage in the practice
				of surveying, including those crimes that have dishonesty as a fundamental and
				necessary element. Felonies that, upon conviction, constitute grounds for
				disciplinary action by the Board include, but are not limited to:
2.5.a. False swearing or perjury in a court
				proceeding related to the applicant's practice of surveying;
2.5.b. Felonies involving theft, bribery,
				embezzlement, forgery, falsification or destruction of records, fraud, or
				misrepresentation; and
2.5.c. Any
				other felony offense demonstrating a lack of professional or business integrity
				or honesty.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-3 - Certificate of Authorization and Firm Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certificate of Authorization.
3.1.a. A firm or business entity may not
				engage in, offer to engage in, or hold itself out to the public as being
				engaged in, the practice of surveying as defined in W. Va. Code §
										30-13A-1
				et seq. without first obtaining a certificate of authorization issued by the
				Board for each business location or branch office offering such
				services.
3.1.b. No firm may be
				issued a certificate without having as its owner or officer or in its employ a
				licensed professional surveyor, designated as the surveyor-in-charge, for each
				business location or branch office unless otherwise approved by the Board. An
				initial application fee and an annual renewal fee as established by the Board
				by rule is due on or before the thirty-first (31st)
				day of December of each year and shall accompany the application or renewal
				application forms provided by the Board.
3.1.c. Any firm is required to notify the
				Board within thirty (30) days of any change in ownership, name, address,
				surveyor in charge, surveyor authorized to certify documents, or other relevant
				information included on the application.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-4 - Seals and Document Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Seal of the Board. The seal of the Board
				shall be affixed to each certificate or license issued by the Board.
4.2. Seal of the Licensee.
4.2.a. The types of seals approved by the
				Board are the stamp seal, embossing seal and digital seal. The licensee shall
				have in his or her possession a stamp or embosser. The digital seal is
				optional.
4.2.b. All seals made on
				or after the effective date of this rule shall comply with the format and size
				standards and as a minimum the quality standards as set forth in subdivision
				4.2.c. of this rule. A prior seal will be legitimate after the effective date
				of this rule if it complies with all seal requirements as set forth in W. Va.
				Code §
										30-13A-19(a)
				and generally meets the formatting standards that preceded the effective date
				of this rule.
4.2.c. The seal shall
				contain the following information (the example may not be to scale):
4.2.c.1. An outer circle using a "rope" line
				type that measures one and five-eighths (1 5/8") inches outside to outside.
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4.2.c.2. An inner concentric circle using the
				"knurled" line type that measures one (1") inch outside to outside
4.2.c.3. The legal name of the licensee shall
				be uppercase and centered on the top between the two concentric circles. Any
				combination of the first, middle and last name; first name, middle initial and
				last name; or first initial, middle name and last name is acceptable.
4.2.c.4. The words "Professional Surveyor"
				shall be uppercase and centered on the bottom between the two concentric
				circles.
4.2.c.5. Two stars will be
				located on left and right side of the seal between the concentric circles. One
				star will precede the word "Professional" and the other will follow the word
				"Surveyor" with a space between the words and the stars.
4.2.c.6. The word "Licensed" shall be
				uppercase, centered and aligned along the inside top of the inner
				circle.
4.2.c.7. The words "West
				Virginia" shall be uppercase, centered and aligned along the inside bottom of
				the inner circle.
4.2.c.8. The
				words "State of" shall be uppercase and centered above "West
				Virginia."
4.2.c.9. The license
				number shall be in the center of the inner circle and more prominent than the
				other words within the inner circle.
4.2.d. When an applicant is granted
				licensure, the Board shall provide the initial stamp seal. All other seals
				procured by the licensee shall meet the format and size standards and shall
				meet as a minimum the same quality as the Board provided seal.
4.2.e. It is the responsibility of each
				licensee to report to the Board the loss or theft of his or her seal or the
				illegal use of the seal as soon as practical after the loss, theft or illegal
				use is discovered.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-5 - Special Supervision by Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A licensee may apply to the Board to
				request special supervision and shall satisfy the following requirements at the
				time of application:
5.1.a. Licensee shall be
				in active status with the Board.
5.1.b. Licensee shall fill out the
				application form and provide a written explanation to justify the request being
				made to the Board. The application form shall be signed and dated by the
				licensee and supervisee.
5.1.c.
				Licensee shall pay the special supervision application fee as set forth in 23
				CSR 4 et seq.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-6 - Standards of Professional Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Licensee's Obligation to the
				Public
.
6.1.a. Licensees, in the
				performance of their services for clients, employers, and customers, shall be
				cognizant that their first and foremost responsibility is to the public health,
				safety and welfare.
6.1.b.
				Licensees shall approve and seal only those documents that conform to accepted
				surveying standards.
6.1.c.
				Licensees shall notify their employer or client and such other authority as may
				be appropriate when their professional judgment is compromised under
				circumstances where the life, health, property, or welfare of the public is
				endangered.
6.1.d. Licensees shall
				be objective and truthful in professional reports, statements, or
				testimony.
6.1.e. Licensees shall
				express a professional opinion publicly only when it is founded upon an
				adequate knowledge of the facts and a competent evaluation of the subject
				matter.
6.1.f. Licensees shall
				issue no statements, criticisms, or arguments on technical matters which are
				inspired or paid for by interested parties, unless they explicitly identify the
				interested parties on whose behalf they are speaking and reveal any interest
				they have in the matters.
6.1.g.
				Licensees may not knowingly permit the use of their name or firm name by, nor
				associate in the business ventures with, any person or firm, which is engaging
				in fraudulent or dishonest business or professional practices.
6.1.h. Licensees may not intentionally make
				statements to the public that result in, or have the potential of resulting in,
				insult or injury.
6.1.i. Licensees
				having knowledge of possible violations of any of these standards of
				professional conduct shall provide the Board with the information and
				assistance necessary to make the final determination of such
				violation.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-7 - Minimum Standards for Surveys

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The purpose of these standards is to
				establish minimum technical criteria to govern the practice of surveying when
				more stringent specifications are not required. Further, the purpose is to
				protect the inhabitants of this state from dishonest or incompetent surveying
				and generally to protect the public health, safety and welfare.
7.2. General Standards applicable to all
				surveys and inspections.
7.2.a. The licensee
				in professional charge, or a designated representative, shall discuss with the
				client the purpose of the survey, scope of services to be provided, time
				frames, fees and all pertinent details of the contract prior to performing the
				work.
7.2.b. A licensee, endorsee,
				an exempt person under § 30-13A-1 et seq. or persons under the direct
				supervision or special supervision of a licensee, endorsee or exempt person
				shall physically go to the site and perform a field survey.
7.2.c. The surveyor shall use methods and
				equipment suitable for the purpose of the survey.
7.2.d. The field notes shall be retained as a
				permanent record and may be handwritten or by electronic data collection or a
				combination thereof. When electronic data collection is used in conjunction
				with handwritten notes, the electronic files and the written notes constitute
				the entirety of the field notes.
7.2.e. The observations shall be measured to
				a precision that will produce the desired level of accuracy:
7.2.e.1. Angles or directions shall be
				reported in degrees, or parts thereof, except for the arc element of a curve
				which should be reported as a general direction, such as westerly or
				southwesterly.
7.2.e.2. Distances
				shall be reported on a horizontal plane in feet, based on the United States
				standard, or meters, or parts thereof, unless required otherwise by law, rule
				or regulation.
7.2.e.3. Areas shall
				be reported on a horizontal plane in acres, based on the United States
				standard, or hectares, or parts thereof, unless required otherwise by law, rule
				or regulation.
7.2.e.4. All curved
				segments or lines shall be reported with the following minimum curve elements:
				arc length and general direction; and the long chord direction and
				distance.
7.2.f.
				Centerline and baseline alignments shall use the standard method of stationing
				to reference significant points along the alignment.
7.2.f.1. Points offset from an alignment
				shall be referenced by the station and offset distance left or right of the
				alignment.
7.2.f.2. Offset
				distances shall be normal to the alignment, right angle to straight segments or
				radial to curved segments.
7.2.g. All measuring devices shall be checked
				periodically for accuracy and condition.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-8 - Unethical Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the reasons for suspension or revocation of a
				  license set forth in W. Va. Code §§
									30-1-1 et
				  seq. or
				  30-13A-1
				  et seq., any licensee who has committed any of the following unethical
				  practices may be subject to disciplinary action by the Board:
8.1. Failing or refusing to comply with any
				provision of W. Va. Code § 30-13A-1 et seq. or any rule promulgated by the
				Board or any request, order or final decision of the Board. For the purposes of
				this subsection:
8.1.a. If any licensee
				orders, counsels, encourages, incites, supports, helps, or assists another
				person to fail or refuse to comply with any statutory provision, rule, request,
				order or final decision; or,
8.1.b.
				After the failure or refusal, if a licensee helps or assists the other person
				to avoid detection of the failure or refusal, then the licensee is considered
				to have also failed or refused to comply;
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-9 - Disciplinary Actions by the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board may at any time upon its own
				motion and shall upon the verified written complaint of any person conduct an
				investigation to determine whether there are any grounds for a disciplinary
				action relevant to a license issued under the provisions of W. Va. Code
				§§
									30-1-1 et
				seq. or
				30-13A-1
				et seq. and the rules issued by the Board.
9.2. The Board may place on probation,
				suspend or revoke any license; may issue a letter of caution or reprimand,
				cease and desist order, settlement agreement, consent agreement and order,
				probable cause order, final or administrative order resulting from a formal
				hearing or other similar agreements and orders; may impose a fine not to exceed
				one thousand dollars ($1,000.00) per infraction; may require additional
				education or training; or may impose any combination of these disciplinary
				actions, when it finds a licensee has:
9.2.a.
				Been convicted of a felony or a crime involving moral turpitude;
9.2.b. Obtained a license by means of fraud
				or deceit;
9.2.c. Been incompetent
				or guilty of fraud, deceit, professional negligence, willful departure from
				accepted standards of professional conduct or other misconduct in the practice
				of surveying; or
9.2.d. Failed or
				refused to comply with the provisions of W. Va. Code § 30-13A-1 et seq. or
				any reasonable rule promulgated by the Board or any order or final decision of
				the Board.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-05 - Standards For The Practice Of Surveying In West Virginia › Section 23-5-10 - Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any
				person adversely affected by a decision of the Board rendered after a hearing
				held in accordance with this rule and the Board's Rule, Disciplinary and
				Complaint Procedures for Professional Surveyors, 23 CSR 3, is entitled to
				judicial review of the decision. All of the pertinent provisions of W. Va. Code
				§
									29A-5-4
				apply to and govern judicial review.
10.2. The judgment of the circuit court is
				final unless reversed, vacated or modified on appeal to the supreme court of
				appeals in accordance with the provisions of W. Va. Code §
									29A-6-1.
10.3. Legal counsel and services for the
				Board in all appeal proceedings in any circuit court and the supreme court of
				appeals shall be provided by the attorney general or his or her assistants and
				in any circuit court by the prosecuting attorney of the county as well, all
				without additional compensation.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-01 - Licensing Procedures for Osteopathic Physicians › Section 24-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the operation of the board and the regulation and licensing of
				osteopathic physicians.
1.2.
				Authority. -- W. Va. Code §
									30-14-14, W. Va. Code §
									30-1-7a, and W. Va. Code §
									30-1D-1(d).
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- July
				1, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-01 - Licensing Procedures for Osteopathic Physicians › Section 24-1-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule implements W. Va. Code §
									30-14-1
et
				  seq
.
West Virginia Code of State Rules › Agency 24 - Osteopathic Medicine › Title 24 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF OSTEOPATHIC MEDICINE › Series 24-01 - Licensing Procedures for Osteopathic Physicians › Section 24-1-4 - Qualifications and Application for a License to Practice Osteopathic Medicine and Surgery

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				applicant for a license to practice osteopathic medicine and surgery shall
				complete an application provided by the Board, which is available on the
				Board's website. The applicant shall complete the application in full prior to
				the Board's consideration of the application.
4.2. An application for a license to practice
				osteopathic medicine and surgery shall include the following:
4.2.1. A photograph taken within the previous
				60 days which resembles the applicant;
4.2.2. Evidence of graduation from a medical
				school approved by the American Osteopathic Association;
4.2.3. Evidence of successful completion of a
				minimum of one year of post-doctoral clinical training in a program approved by
				the American Osteopathic Association or the Accreditation Council for Graduate
				Medical Education;
4.2.4. Complete
				payment to the Board of the amount established by the Board under the West
				Virginia Board of Osteopathic Medicine rule Fees for Services Rendered By the
				Board of Osteopathic Medicine, Title 24 CSR 5. If the licensure fee is paid by
				personal check, the licensing process is not considered complete until the
				check has cleared the bank; and
4.2.5. Submit to a state and national
				criminal background check, paid for by the applicant, with a report sent to the
				West Virginia Board of Osteopathic Medicine.