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House Bill 2669 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2669
(
By Delegates Mahan, Palumbo,
Cann, Pino, Armstead and Overington
)
[Passed April 9, 2005; in effect from passage]
A N ACT
to amend and reenact article 9, chapter 64 of the code of
West Virginia, 1931, as amended; all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended
by the Legislative Rule-Making Review Committee and as amended
by the Legislature; disapproving the promulgation of certain
legislative rules; disapproving the promulgation of a
legislative rule by the Board of Acupuncture relating to the
dispensing of materia medica, formulary and legend drugs;
authorizing the Department of Agriculture to promulgate a
legislative rule relating to animal disease control;
authorizing the Department of Agriculture to promulgate a
legislative rule relating to the inspection of meat and
poultry; authorizing the Department of Agriculture to
promulgate a legislative rule relating to commercial feed;
authorizing the Board of Chiropractic Examiners to promulgate
a legislative rule relating to the chiropractic practice;
authorizing the Contractor Licensing Board to promulgate a
legislative rule relating to the West Virginia contractor
licensing act; relating to authorizing the Board of Dental
Examiners to promulgate a legislative rule relating to the
Board; authorizing the Board of Dental Examiners to promulgate
a legislative rule relating to the formation and approval of
professional limited liability companies; authorizing the
Board of Dental Examiners to promulgate a legislative rule
relating to fees; authorizing the Board of Dental Examiners to
promulgate a legislative rule relating to the formation and approval of dental corporations; authorizing the Family
Protection Services Board to promulgate a legislative rule
relating to perpetrator intervention programs licensure for
correctional institutions; authorizing the Governor's
Committee on Crime, Delinquency and Correction to promulgate
a legislative rule relating to law enforcement training
standards; authorizing the Governor's Committee on Crime,
Delinquency and Correction to promulgate a legislative rule
relating to the protocol for law enforcement response to
domestic violence; disapproving the promulgation of a
legislative rule by the Governor's Committee on Crime,
Delinquency and Correction
relating to motor vehicle stop data
collection standards for the study of racial profiling;
authorizing the Hatfield-McCoy Regional Recreation Authority
to promulgate a legislative rule relating to use of
facilities; authorizing the Board of Professional Surveyors to
promulgate a legislative rule relating to minimum standards
for the practice of land surveying in West Virginia;
authorizing the Board of Examiners for Licensed Practical
Nurses to promulgate a legislative rule relating to fees for
services rendered by the Board; authorizing the Public Service
Commission to promulgate a legislative rule relating to
statewide telephone information and referral 211 service;
authorizing the Radiologic Technology Board of Examiners to promulgate a legislative rule relating to the Board;
authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to fees for
services rendered by the Board; authorizing the Secretary of
State to promulgate a legislative rule relating to agencies
designated to provide voter registration services; authorizing
the Board of Examiners for Speech-Language Pathology and
Audiology to promulgate a legislative rule relating to speech-
language pathology and audiology assistants; authorizing the
State Treasurer to promulgate a legislative rule relating to
procedures for fees in collections by charge, credit or debit
card or by electronic payment; authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating
to organization and operation; authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating
to certified animal euthanasia technicians; and authorizing
the Board of Veterinary Medicine to promulgate a legislative
rule relating to a schedule of fees.
Be it enacted by the Legislature of West Virginia:
That article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO
PROMULGATE LEGISLATIVE RULES.
§64-9-1. Board of Acupuncture.
The legislative rule filed in the state register on the second
day of September, two thousand three, under the authority of
section seven, article thirty-six, chapter thirty, of this code,
modified by the Board of Acupuncture to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on the fourteenth day of October, two thousand four,
relating to the Board of Acupuncture (dispensing of materia medica,
formulary and legend drugs, 32 CSR 2), is disapproved and not
authorized.
§64-9-2. Department of Agriculture.
(a) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section two, article nine, chapter nineteen, of this
code, modified by the Department of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the nineteenth day of November,
two thousand four, relating to the Department of Agriculture
(animal disease control, 61 CSR 1), is authorized, with the
following amendments:
On page twelve, paragraph 6.19.b.C., after the words
'pullorum/typhoid' by changing the period to a semicolon and
inserting the word 'and';
and
On page twelve, paragraph 6.19.b.D. by striking out the entire paragraph and inserting in lieu thereof the following: 'a United
States Department of Agriculture Form 9-3 stating that a minimum of
20 birds per flock or the entire flock of 20 birds or less had a
negative test for avian influenza within 10 days prior to import.
The test shall be a NPIP approved procedure.'
(b) The legislative rule filed in the state register on the
fourth day of August, two thousand four, under the authority of
section three, article two-b, chapter nineteen, of this code,
relating to the Department of Agriculture (inspection of meat and
poultry, 61 CSR 16), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section three, article fourteen, chapter nineteen, of
this code, modified by the Department of Agriculture to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the twenty-fourth day of November,
two thousand four, relating to the Department of Agriculture
(commercial feed, 61 CSR 5), is authorized.
§64-9-3. Board of Chiropractic Examiners.
The legislative rule filed in the state register on the
twenty-sixth day of August, two thousand four, under the authority
of section five, article sixteen, chapter thirty, of this code,
modified by the Board of Chiropractic Examiners to meet the
objections of the Legislative Rule-Making Review Committee and refiled in the state register on the first day of February, two
thousand five, relating to the Board of Chiropractic Examiners
(chiropractic practice, 4 CSR 1), is authorized, with the following
amendments:
On page two, paragraph 3.1.d.1, after the word "subdivision",
by striking the reference "3.1.c.2" and inserting in lieu thereof
the reference "3.1.d.3";
On page two, paragraph 3.1.d.3, subparagraph 2, after the
words "set forth in", by striking the code reference "W. Va. Code
§30-16-6(a)(5)" and inserting in lieu thereof the code reference
"W. Va. Code §30-16-6(b)(5)";
On page seven, subsection 11.2, after the words "The Board",
by striking the word "my" and inserting in lieu thereof the word
"may";
And,
On page nine, subsection 15.5., by striking out the words
"That upon" and inserting in lieu thereof the word "Upon"'.
§64-9-4. Contractor Licensing Board.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section five, article eleven, chapter twenty-one, of
this code, modified by the Contractor Licensing Board to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the twenty-fifth day of January, two thousand five, relating to the Contractor Licensing Board (West
Virginia contractor licensing act, 28 CSR 2), is authorized, with
the following amendments:
On page two, subdivision 3.9.a, after the word "five" by
inserting the word "hundred";
On page seven, subdivision 3.30., after the word "repair." by
inserting the words
"A residential contractor is considered
licensed for all crafts required in the construction, repair or
improvement of a residential structure, as that term is defined in
subsection 3.33 of this rule, except those crafts for which local
ordinance or state law other than W. Va. Code § 21-11-1, et seq,
require licensure, such as the electrician's license required by
the Office of the State Fire Marshal under the provisions of W. Va.
Code §29-3b-1, et seq.";
On page fifteen, subdivision 8.1, after the word "person." by
striking out the word "The" and inserting in lieu thereof the words
"After an administrative hearing, as provided for in Section 9 of
this rule, the";
On page fifteen, subdivision 8.1, after the word "license." by
striking out the remainder of the subdivision;
and
On page fifteen, after subdivision 8.3, by inserting a new
subdivision, designated subdivision 8.4, to read as follows: "The
Board shall, in accordance with Section 9 of this rule, provide for an administrative hearing before a penalty is assessed."
§64-9-5. Board of Dental Examiners.
(a) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section six, article four, chapter thirty, of this code,
modified by the Board of Dental Examiners to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
state register on the fifteenth day of February, two thousand five,
relating to the Board of Dental Examiners (rule for the board of
dental examiners, 5 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section thirteen hundred four, article thirteen, chapter thirty-
one-b, of this code, modified by the Board of Dental Examiners to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the state register on the fifteenth day of February,
two thousand five, relating to the Board of Dental Examiners
(formation and approval of professional limited liability
companies, 5 CSR 2), is authorized, with the following amendment:
On page one, subsection 3.4., line four, after the words
"filing fee" by inserting the words "of $200", and after the words
"renewal fee" by striking out the words "as set forth in the
Board's fee schedule 5CSR3" and inserting in lieu thereof the words
"of $150".
(c) The legislative rule filed in the state register on the
twenty-fifth day of August, two thousand four, under the authority
of section six, article four, chapter thirty, of this code,
modified by the Board of Dental Examiners to meet the objections of
the Legislative Rule-Making Review Committee and refiled in the
state register on the fifteenth day of February, two thousand five,
relating to the Board of Dental Examiners (formation and approval
of dental corporations, 5 CSR 6), is authorized.
§64-9-6. Family Protection Services Board.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, under the
authority of section four hundred four, article twenty-six, chapter
forty-eight, of this code, modified by the Family Protection
Services Board to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the state register on the
eighteenth day of February, two thousand five, relating to the
Family Protection Services Board (perpetrator intervention programs
licensure for correctional institutions, 191 CSR 5), is authorized,
with the following amendments:
On page eight, subsection 4.6., by striking out the word
"shall", and inserting in lieu thereof the word "may" and after the
word "subdivision" by striking out the letter "d" and inserting in
lieu thereof the letter "c".
§64-9-7. Governor's Committee on Crime, Delinquency and Correction
.
(a) The legislative rule filed in the state register on the
fifteenth day of June, two thousand four, under the authority of
section three, article twenty-nine, chapter thirty, of this code,
modified by the Governor's Committee on Crime, Delinquency and
Correction to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the state register on the twenty-
sixth day of July, two thousand four, relating to the Governor's
Committee on Crime, Delinquency and Correction (law enforcement
training standards, 149 CSR 2), is authorized.
(b) The legislative rule filed in the state register on the
ninth day of August, two thousand four, under the authority of
section one thousand one hundred two, article twenty-seven, chapter
forty-eight, of this code, relating to the Governor's Committee on
Crime, Delinquency and Correction (protocol for law enforcement
response to domestic violence, 149 CSR 3), is authorized.
(c) The legislative emergency rule filed in the state register
on the twenty-third day of November, two thousand four, under the
authority of section three, article two, chapter seventeen-G, of
this code, relating to the Governor's Committee on Crime,
Delinquency and Correction (motor vehicle stop data collection
standards for the study of racial profiling, 149 CSR 5), is
disapproved and not authorized.
§64-9-8. Hatfield-McCoy Regional Recreation Authority.
The legislative rule filed in the state register on the eighth day of April, two thousand four, under the authority of section
one, article fourteen, chapter twenty, of this code, modified by
the Hatfield-McCoy Regional Recreation Authority to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the twenty-fifth of January, two
thousand five, relating to the Hatfield-McCoy Regional Recreation
Authority (use of facilities, 204 CSR 1), is authorized, with the
following amendments:
On page four, after subsection 3.5, by adding a new
subsection, designated subsection 3.6, to read as follows:
"3.6. No person may operate an ATV on any road or highway with
a center line or more than two lanes within the Hatfield-McCoy
enforcement area except for the purpose of crossing the road or
highway at an angle of approximately ninety degrees to the
direction of the highway and at a place where no obstruction
prevents a quick and safe crossing. An ATV operator is permitted
to crossing the road or highway if:
a. The vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway;
b. The operator yields his or her right-of-way to all oncoming
traffic that constitutes an immediate potential hazard; and
c. Both the headlight and taillight are illuminated when the
crossing is made if the vehicle is so equipped.";
On page four, by redesignating subsection 3.6. as subsection 3.7. and by renumbering the remaining subsections accordingly;
On page six, after subsection 4.1., by inserting a new
subsection, designated subsection 4.2., to read as follows:
"4.2. No person under the age of eighteen may operate an ATV
without a written statement, signed by the minor's parent or
guardian certifying that:
a. Any machine operated by the minor will be of a model that
is recommended by the manufacturer as appropriate to the minor's
age and size;
b. All rules governing the use of the Area have been reviewed
by the parent or guardian and explained to the minor in sufficient
detail to enable the minor to abide by the rules; and
c. Any minor under the age of sixteen will remain under the
supervision of and within the sight of the parent or guardian at
all times.";
On page six, by redesignating subsection 4.2. as subsection
4.3.;
On page six, by redesignating subsection 4.3. as subsection
4.4., and at the end of the subsection, by inserting the following:
"No person may operate an ATV with a passenger under the age of
eighteen unless the operator has, at a minimum, a level two
intermediate driver's license or its equivalent or is eighteen
years of age or older.";
On page six, by redesignating subsection 4.4. as subsection 4.6. and by renumbering the remaining subsections accordingly;
And,
On page seven, subsection 5.2., after the words "When operated
from", by striking out the words "one-half hour after" and after
the words "sunset to", by striking out the words "one-half hour
before".
§64-9-9. Board of Examiners of Land Surveyors.
The legislative rule filed in the state register on the
seventeenth day of May, two thousand four, under the authority of
section four, article thirteen-a, chapter thirty, of this code,
modified by the Board of Examiners of Surveyors to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the fourth day of February, two
thousand five, relating to the Board of Examiners of Land Surveyors
(minimum standards for the practice of land surveying in West
Virginia, 23 CSR 1), is authorized, with the following amendments:
On page four, by striking out subdivisions 5.3.1.
and 5.3.2
and by inserting in lieu thereof two new subdivisions to read as
follows:
"5.3.a. To be eligible for 'retired' status, a licensee must
have an active or inactive license and certify that he or she is no
longer practicing surveying or supervising any employees who
perform surveying activities in West Virginia.
5.3.a.1. A licensee on retired status may not affix his or her P.S. seal to any surveying documents.
5.3.a.2. A licensee on retired status is not required to pay
an annual license renewal fee or to complete Professional
Development Hours (PDHs).
5.3.a.3. The Board will issue to each licensee on retired
status a certificate noting the honorific title of 'Professional
Surveyor, Retired.'
5.3.a.4. Before returning to the active practice of surveying
a licensee on retired status must complete delinquent Professional
Development Hours (PDHs)
for each year on retired status up to a
maximum of 16 PDHs and must pay the current license renewal fee.
5.3.b. Any licensee may apply for 'inactive' status.
5.3.b.1. A licensee on inactive status may not provide
surveying services or receive any compensation for any type of
surveying activities conducted in West Virginia.
5.3.b.2. A licensee on inactive status is not required to
complete the required number of Professional Development Hours
(PDHs).
5.3.b.3. A licensee on inactive status is required to pay the
annual license renewal fee and any required late fees accrued for
the license period unless the licensee applies to the Board and is
granted an exemption. A licensee may request an exemption from the
renewal fee if he or she can demonstrate with supporting
documentation that during the license year he or she will be serving on active duty in the Armed Forces of the United States for
a period of more than 120 consecutive days or experiencing physical
disability, illness or other extenuating circumstances.
5.3.b.4. The Board will issue to each licensee who is granted
inactive status an annual license card noting 'Inactive Status'.
5.3.b.5. A licensee on inactive status who elects to return to
the active practice of surveying must complete Professional
Development Hours (PDHs) for each year on inactive status up to a
maximum of 16 PDHs
."]
§64-9-10. Board of Examiners of Licensed Practical Nurses.
The legislative rule filed in the state register on the
eighteenth day of August, two thousand four, under the authority of
section seven-a, article seven-a, chapter thirty, of this code,
relating to the Board of Examiners of Licensed Practical Nurses
(fees for services rendered by the Board, 10 CSR 4), is authorized.
§64-9-11. Public Service Commission.
The legislative rule filed in the state register on the fourth
day of March, two thousand four, under the authority of section
two, article eight, chapter twenty-four, of this code, modified by
the Public Service Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on the twenty-first day of January, two thousand five,
relating to the Public Service Commission (statewide telephone
information and referral 211 service, 150 CSR 29), is authorized.
§64-9-12. Radiologic Technology Board of Examiners.
The legislative rule filed in the state register on the tenth
day of June, two thousand four, under the authority of section
five, article twenty-three, chapter thirty, of this code, modified
by the Radiologic Technology Board of Examiners to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the twenty-sixth day of July, two
thousand four, relating to the Radiologic Technology Board of
Examiners (Board rule, 18 CSR 1), is authorized.
§64-9-13. Board of Examiners for Registered Professional Nurses.
The legislative rule filed in the state register on the
seventeenth day of August, two thousand four, under the authority
of section eight-a, article seven, chapter thirty, of this code,
modified by the Board of Examiners for Registered Professional
Nurses to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the state register on the twenty-ninth day
of September, two thousand four, relating to the Board of Examiners
for Registered Professional Nurses (fees for services rendered by
the Board, 19 CSR 12), is authorized, with the following
amendments:
On page one, subsection 2.9., by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"2.9. Reinstatement of Lapsed License $50.00";
And,
On page two, by striking out subsections 2.23. and 2.24., in
their entirety and inserting in lieu thereof the following:
"2.23. Midwife License $20.00
2.24. Midwife License Renewal $10.00".
§64-9-14. Secretary of State.
The legislative rule filed in the state register on the
twenty-seventh day of August, two thousand four, authorized under
the authority of section thirteen, article two, chapter three, of
this code, relating to the Secretary of State (agencies designated
to provide voter registration services, 153 CSR 28), is authorized.
§64-9-15. Board of Examiners for Speech-Language Pathology and
Audiology.
The legislative rule filed in the state register on the ninth
day of August, two thousand four, under the authority of section
ten, article thirty-two, chapter thirty, of this code, modified by
the Board of Examiners for Speech-Language Pathology and Audiology
to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the state register on the thirteenth day
of December, two thousand four, relating to the Board of Examiners
for Speech-Language Pathology and Audiology (speech-language
pathology and audiology assistants, 29 CSR 2), is authorized, with
the following amendment:
On page one, subsection 2.5., after the word "licensure", by
inserting the words "and who assumes legal responsibility for services provided by an assistant".
§64-9-16. State Treasurer.
The legislative rule filed in the state register on the
eighteenth day of August, two thousand four, under the authority of
section six, article three-a, chapter twelve, of this code,
modified by the State Treasurer to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on the seventh day of February, two thousand five,
relating to the State Treasurer (procedures for fees in collections
by charge, credit or debit card or by electronic payment, 112 CSR
12), is authorized.
§64-9-17. Board of Veterinary Medicine.
(a) The legislative rule filed in the state register on the
eleventh day of August, two thousand three, under the authority of
section four, article ten, chapter thirty, of this code, modified
by the Board of Veterinary Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on the fourteenth day of June, two thousand four, relating
to the Board of Veterinary Medicine (organization and operation, 26
CSR 1), is authorized, with the following amendments:
On page two, subsection 3.4., the last line, by striking out
the words "or upon the written request of any three (3) members of
the Board";
On page two, subsection 3.6., by striking out "$150.00" and inserting in lieu thereof "$100.00";
On page four, subsection 4.7., line four, after the words "not
qualified to take the examination, the" by striking out the word
"Board" and inserting in lieu thereof the words "Secretary-
Treasurer";
On page four, subsection 4.7., after the words "The Board
shall refund", by striking out the words "fifty percent of the";
On page four, subsection 5.4., after the word "The" at the
beginning of the subsection, by striking out the word "Board" and
inserting in lieu thereof the words "Secretary-Treasurer";
And,
On page six, subsection 7.1., after the words "On or", by
striking out the word "about" and inserting in lieu thereof the
word "before".
(b) The legislative rule filed in the state register on the
eleventh day of August, two thousand three, under the authority of
section nine, article ten-a, chapter thirty, of this code, modified
by the Board of Veterinary Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on the fourteenth day of June, two thousand four, relating
to the Board of Veterinary Medicine (certified animal euthanasia
technicians, 26 CSR 5), is authorized.
(c) The legislative rule filed in the state register on the
ninth day of August, two thousand three, under the authority of section four, article ten, chapter thirty, of this code, modified
by the Board of Veterinary Medicine to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the state
register on the twenty-first day of January, two thousand five,
relating to the Board of Veterinary Medicine (schedule of fees, 26
CSR 6), is authorized, with the following amendments:
On page one, by striking out all of subsections 2.1 through
2.8, and inserting in lieu thereof the following:
"2.1 Veterinarian application and examination fee$295.00
2.2 Veterinarian license fee$5.00
2.3 Duplicate license$15.00
2.4 Annual renewal fee$225.00
2.5 Temporary permit$100.00
2.6 Temporary permit renewal fee$25.00
2.7 Written confirmation of licensure, registration or
certification by West Virginia$25.00
2.8 North American Veterinary License Exam (NAVLE)
eligibility processing fee$50.00".