Senate Bill No. 328
(By Senator Bowman)
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[Introduced January 21, 2010; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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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;
and the manner of providing notice to licensees of proposed
fee increases.
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.
(a) Every applicant for license or registration 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.
(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 Notwithstanding specific fees established 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 to
effectively carry out
effectively their
responsibilities of licensure or registration and discipline of
individuals subject to their authority.
Provided, That when any
When a board proposes to promulgate a rule regarding fees,
for
licensing or registration, that the 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 or (2) posting the proposed rule on its
website and notifying the membership of the website posting by
mailing a postcard to the membership or placing a notice in its
newsletter at least thirty days before the proposed rule is filed
with the Secretary of State.
(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.
NOTE: The purpose of this bill is to provide that when a
professional licensing board proposes fee increases, it may post
the proposed rule on its website and notify the membership of the
website posting by a mailing or by placing a notice in its
newsletter.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.