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 28-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means
				the West Virginia Contractor Licensing Act, W. Va. Code §
									30-42-1
et
				seq
.
3.2. "Board" means
				the West Virginia Contractor Licensing Board and its authorized
				representatives.
3.3. "Business
				entity" or "entity" means a corporation, general partnership, limited liability
				company, limited liability partnership, limited partnership, sole
				proprietorship, or any other form of business organization permitted by
				law.
3.4. "Cease and desist order"
				means an order issued by the Board pursuant to the provisions of the Act and 28
				CSR 2 to an unlicensed person who performs work for which a license is required
				or to a licensee who performs work outside of the license's
				classifications.
3.5. "Chair" means
				the individual elected by the Board to be its President.
3.6. "Classification" or "class" means a
				contractor's scope of work as defined in the Act and 28 CSR 2 and includes any
				work incidental to the work being performed.
3.7. "Conflict of interest" means a
				circumstance or matter in which a Board member's personal or business interests
				may influence, or give the appearance of influencing, his or her
				responsibilities as a Board member to act with impartiality.
3.8. "Contested case hearing" means an
				administrative evidentiary hearing before the Board in which a licensee's
				rights, interests, privileges, or obligations are determined in accordance with
				W. Va. Code §
									29A-5-1
et
				seq
.
3.9. "Days" means
				business days unless otherwise stated.
3.10. "Disciplinary hearing" or "hearing"
				means a proceeding in which the Board considers a person's alleged conduct, as
				set forth in W. Va. Code §
									30-42-14 or §
									30-42-15(g), and,
				based upon findings of fact and conclusions of law, for which the Board may
				impose a penalty permitted by W. Va. Code §
									30-42-14(a) or
				disciplinary action permitted by W. Va. Code §
									30-42-15(a).
3.11. "Emergency meeting" means a meeting
				convened by the Board for the limited purpose of addressing an unexpected
				event, circumstance, or situation that requires immediate attention because it
				poses an imminent threat to public health or safety, an imminent threat of
				damage to public or private property, or an imminent threat of material
				financial loss or other imminent substantial harm to a public agency, its
				employees, or the members of the public which it serves.
3.12. "Executive session" means a Board
				meeting, or part of a Board meeting, that is closed to the public and is held
				in accordance with the provisions of the Open Governmental Proceedings Act, W.
				Va. Code §
									6-9A-4.
3.13. "Hearing examiner" means an individual
				or attorney at law appointed by the Board to conduct a disciplinary or
				contested case hearing.
3.14.
				"Immediate family" means a person's parents, spouse, sibling, child or
				guardian, or their spouses.
3.15.
				"License" means a license to engage in business in this state as a contractor
				in one of the classifications set out in the Act or 28 CSR 2.
3.16. "Licensee" means the person to whom a
				license is issued.
3.17. "Meeting"
				means the convening of the Board for which a quorum is required in order to
				make a decision, or to deliberate toward a decision, on any matter which
				results in an official Board action.
3.18. "Official action" means an action taken
				by the Board pursuant to its authority in the Act, this rule, or 28 CSR
				2.
3.19. "Open Governmental
				Proceedings Act" means and includes the provisions of W. Va. Code §
									6-9A-1
et
				seq
.
3.20. "Regular
				meeting" means a general meeting held by the Board at least once annually, or
				more frequently as needed, to consider all matters that may properly come
				before the Board, to conduct its business, and to attend to its
				responsibilities as set forth in the Act.
3.21. "Special meeting" means a meeting
				convened by the Board for the consideration of only those matters designated by
				a Board member or members requesting the meeting unless the agenda is otherwise
				changed by a majority vote of the Board.
3.22. "Unlicensed person" means a person or
				entity performing contracting work for which a license is required but who does
				not possess a valid license.
3.23.
				"Valid license" means a current license issued by the Board to a person or
				entity to perform specified contracting work in this state as set forth in the
				Act and 28 CSR 2.
3.24.
				"Vice-Chair" means the individual elected by the Board to be its
				Secretary.