COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 328
(By Senator Bowman)
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[Originating in the Committee on Government Organization;
reported February 24, 2010.]
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A BILL to amend and reenact §30-1-6 of the Code of West Virginia,
1931, as amended, relating to professional licensing boards;
clarifying the manner of providing notice to licensees of
proposed fee increases; requiring Social Security numbers to
be redacted on public copies; and updating language.
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 an authorization to practice; fees;
prohibiting discrimination.
(a)
Every Each applicant for
license or registration an
authorization to practice under the provisions of this chapter,
shall apply
for the license or registration in writing 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 the authorized fees.
(b) Each board
referred to in this chapter is authorized to
establish by
legislative 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 Notwithstanding the specific fees set forth in the
articles which govern the licensing boards in this chapter, each
board may set
fees by
legislative rule
fees relating to the
licensing or registering of individuals, which shall be sufficient
to enable the
boards board to
effectively carry out
effectively
their its duties and responsibilities of
licensure or registration
authorizing practices and
discipline of disciplining individuals
subject to
their its authority.
Provided, That when any board
proposes to promulgate a
(d) At least thirty days prior to a proposed rule regarding
fees
for licensing or registration, that is filed with the
Secretary of State, a board shall notify its membership of the
proposed rule by:
(1) 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 its
membership; or
(2) Posting the proposed rule on its website and notifying
its membership by:
(A) Mailing a postcard;
(B) Emailing a notice; or
(C) Placing a notice in its newsletter.
(d) In addition to any other information required, the
applicant's social security number shall be recorded on the
application:
Provided, That a board shall redact social security
numbers on copies provided to the public.
(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 A board may deny the application for
license or
registration an authorization to practice of an applicant whose
license or registration authorization to practice 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 A hearing must be
conducted pursuant to the provisions of section eight of this
article or
the provisions contained in the rules of the board.