Senate Bill No. 294
(By Senator Bailey)
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[Introduced January 22, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §30-1-6 of the Code of West Virginia,
1931, as amended, relating to requiring applications for
license or registration and all examinations pertaining to
professions to be in English only.
Be it enacted by the Legislature of West Virginia:
That §30-1-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF
EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.
§30-1-6. Application for license or registration; examination fee;
prohibiting discrimination; examinations to be in
English.
(a) Every applicant for license or registration under the
provisions of this chapter shall apply for the license or
registration in writing
only in the English language to the proper board and shall transmit with his or her application an examination
fee which the board is authorized to charge for an examination or
investigation into the applicant's qualifications to practice.
(b) Each board referred to in this chapter is authorized to
establish by rule a deadline for application for examination which
shall be no less than ten nor more than ninety days prior to the
date of the examination.
(c) Boards may set by rule fees relating to the licensing or
registering of individuals, which shall be sufficient to enable the
boards to carry out effectively their responsibilities of licensure
or registration and discipline of individuals subject to their
authority:
Provided, That when any board proposes to promulgate a
rule regarding fees for licensing or registration, that board shall
notify its membership of the proposed rule by mailing a copy of the
proposed rule to the membership at the time that the proposed rule
is filed with the Secretary of State for publication in the state
register in accordance with section five, article three, chapter
twenty-nine-a of this code.
(d) In addition to any other information required, the
applicant's social security number shall be recorded on the
application.
(e) No board may discriminate against any applicant because of
political or religious opinion or affiliation, marital status,
race, color, gender, creed, age, national origin, disability or other protected group status.
(f) Any board may deny the application for licensure or
registration of an applicant whose license or registration in any
other state, territory, jurisdiction or foreign nation has been
revoked by the licensing authority thereof. The application may be
denied by a board without a hearing unless the applicant requests
a hearing within thirty days of the denial. Any hearing must be
conducted pursuant to the provisions of section eight of this
article or provisions contained in the rules of the board.
(g) Written examinations required by any board shall be in the
English language only.
NOTE: The purpose of this bill is to require applications for
license or registration and all examinations pertaining to
professions to be in English only.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.