West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means the West Virginia
				Manufactured Housing Construction and Safety Standards Act, W. Va. Code
				§
									21-9-1
et seq
.
3.2. "Board" means the West Virginia Board of
				Manufactured Housing Construction and Safety and its authorized
				representatives.
3.3. "Cease and
				desist order" means an order issued by the Board or the Division of Labor
				pursuant to the provisions of the Act and 42 CSR 19 to an unlicensed person or
				entity who performs work for which a license is required or to a licensee who
				performs work outside of the license's classifications.
3.4. "Chair" means the Commissioner of the
				West Virginia Division of Labor who presides over Board meetings pursuant to W.
				Va. Code §
									21-9-3(a). If the Commissioner is unable to attend a Board
				meeting or must recuse himself or herself from presiding over a Board meeting,
				or any part of a Board meeting, the Deputy Commissioner of the Division shall
				serve as the Chair in the Commissioner's absence or recusal.
3.5. "Commissioner" means the Commissioner of
				the West Virginia Division of Labor and his or her authorized
				representatives.
3.6. 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.
3.7. "Contested case hearing" means an
				administrative evidentiary hearing before the Board in which a specific party's
				rights, interests, privileges, or obligations are determined in accordance with
				W. Va. Code §
									29A-5-1
et seq
.
3.8. "Days" means business days unless
				otherwise stated.
3.9.
				"Disciplinary hearing" or "hearing" means a proceeding in which the Board
				considers a person's alleged conduct, as set forth in W. Va. Code
				§
									21-9-12, §21-9-12a, or W. Va. Code St. R. §
									42-19-14.1, and
				based upon findings of fact and conclusions of law, for which the Board may
				impose a penalty permitted by W. Va. Code §
									21-9-12 or §21-9-12a or
				disciplinary action permitted by W. Va. Code St. R. §
									42-19-14.2.
3.10. "Division" means the West Virginia
				Division of Labor and its authorized representatives.
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. "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.
3.13. "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.
3.14. "Hearing examiner" means an individual
				or attorney at law appointed by the Board to conduct a disciplinary or
				contested case hearing.
3.15.
				"Immediate family" means a person's parents, spouse, sibling, child or
				guardian, or their spouses.
3.16.
				"Licensee" means an individual or entity that has been issued a valid license
				to engage in manufactured housing activities in this state as a manufacturer,
				dealer, distributor, or contractor pursuant to the provisions of the Act and 42
				CSR 19.
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 42 CSR 19.
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 meeting held by the Board at least once, or more frequently as
				needed, during each calendar quarter 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 an individual
				or entity engaging in manufactured housing activities for which a license is
				required without a valid license.
3.23. "Valid license" means a current license
				issued by the Board to an individual or entity to engage in specified
				manufactured housing activities in this state as a manufacturer, dealer,
				distributor, or contractor pursuant to the provisions of the Act and 42 CSR
				19.