Senate Bill No. 508
(By Senators Bowman and Minard)
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[Introduced January 31, 2008; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §30-1-5 of the Code of West Virginia,
1931, as amended, relating to authorizing state boards of
examination or registration to conduct criminal background
checks through the Federal Bureau of Investigation on
applicants and current licensees.
Be it enacted by the Legislature of West Virginia:
That §30-1-5 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.
§30-1-5. Meetings; quorum; investigatory powers; duties.
(a) Every board referred to in this chapter shall hold at
least one meeting each year, at such time and place as it may
prescribe by rule, for the examination of applicants who desire to
practice their respective professions or occupations in this state and to transact any other business which may legally come before
it. The board may hold additional meetings as may be necessary,
which shall be called by the secretary at the direction of the
president or upon the written request of any three members. A
majority of the members of the board constitutes a quorum for the
transaction of its business.
(b) The board is authorized to conduct criminal background
checks through the Federal Bureau of Investigation on applicants
and current licensees, to compel the attendance of witnesses, to
issue subpoenas, to conduct investigations and hire an investigator
and to take testimony and other evidence concerning any matter
within its jurisdiction. The president and secretary of the board
are authorized to administer oaths for these purposes.
(c) Every board referred to in this chapter has a duty to
investigate and resolve complaints which it receives and shall,
within six months of the complaint being filed, send a status
report to the party filing the complaint by certified mail with a
signed return receipt and within one year of the status report's
return receipt date issue a final ruling, unless the party filing
the complaint and the board agree in writing to extend the time for
the final ruling.
(d) Every board shall provide public access to the record of
the disposition of the complaints which it receives in accordance
with the provisions of chapter twenty-nine-b of this code. Every board has a duty to report violations of individual practice acts
contained in this chapter to the board by which the individual may
be licensed and shall do so in a timely manner upon receiving
notice of such violations. Every person licensed or registered by
a board has a duty to report to the board which licenses or
registers him or her a known or observed violation of the practice
act or the board's rules by any other person licensed or registered
by the same board and shall do so in a timely manner.
Law-enforcement agencies or their personnel and courts shall report
in a timely manner to the appropriate board any violations of
individual practice acts by any individual.
(e) Whenever a board referred to in this chapter obtains
information that a person subject to its authority has engaged in,
is engaging in or is about to engage in any act which constitutes
or will constitute a violation of the provisions of this chapter
which are administered and enforced by that board, it may apply to
the circuit court for an order enjoining the act. Upon a showing
that the person has engaged, is engaging or is about to engage in
any such act, the court shall order an injunction, restraining
order or other order as the court may deem appropriate.
NOTE: The purpose of this bill is to authorize state boards of
examination or registration to conduct criminal background checks
through the Federal Bureau of Investigation on applicants and
current licensees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.