Senate Bill No. 369
(By Senators Dittmar, Ross, Schoonover, Wagner and Sharpe)
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[Introduced February 15, 1995; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section nine, article thirteen,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to authorizing
the board of registration for professional engineers to
permit voluntary programs for registered engineers to
demonstrate continuing competency.
Be it enacted by the Legislature of West Virginia:
That section nine, article thirteen, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 13. ENGINEERS.
§30-13-9. Board powers.
(a) The board may adopt and amend bylaws not inconsistent with the Constitution and laws of this state. The board may
promulgate and shall adopt "rules of professional responsibility
for professional engineers." These rules are binding to any
person registered with the board under the provisions of this
article. These rules are also applicable to firms holding a
certificate of authorization as provided in section seventeen of
this article.
(b) The board may subpoena witnesses and compel their
attendance and it may also subpoena books, papers, documents or
other pertinent data in any disciplinary matters or in any case
involving an allegation of a violation of the provisions of this
article. The board may apply to the circuit court of Kanawha
County to enforce compliance with any subpoena it issues.
(c) The board may seek an injunction in circuit court to
enforce the provisions of this article or to restrain a person or
entity from violating a provision of this article. In pursuing
injunctive relief under this section, the board shall not be
required to prove that an adequate remedy at law does not exist
or that substantial or irreparable damage would result from the
continued violation. The members of the board may not be
personally liable for any decisions made in good faith in
pursuing injunctive relief.
(d) The board may require all applicants for registration to
take and successfully pass an examination of their fitness and
qualifications to become registered.
(e) The board may require recommend that a registered
professional engineer demonstrate continuing professional
competency in engineering as a condition of renewal or
registration. and may establish a voluntary program in which any
registered professional engineer making such a demonstration of
continuing competency would be awarded a certificate by the board
in recognition of such competency.
(f) Board members are exempt from civil liability for any
decision made or any act done in good faith in the performance of
any duty or the exercise of any power granted under this article.
NOTE: The purpose of this bill is to permit voluntary
programs for registered engineers to demonstrate continuing
competency.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.