Bill-Contractors 28CSR2
H. B. 2597
(By Delegates Mahan, Cann, Kominar and Faircloth)

[Introduced January 24, 2003; referred to the
Committee on Government Organization then the Judiciary.]

A BILL to amend and reenact section five, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the contractor licensing board to promulgate a legislative rule relating to the West Virginia contractor licensing act.

Be it enacted by the Legislature of West Virginia:
That section five, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-5. Contractor licensing board.
(a) The legislative rule filed in the state register on the sixth day of June, two thousand one, under the authority of section fourteen, 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 ninth day of August, two thousand one, relating to the contractor licensing board (West Virginia contractor licensing board - complaints, 28 CSR 3), is authorized with the amendments set forth below:
On page 5, after subsection 6.7 by adding a new section 7, to read as follows:
"§28-3-7. Alternate dispute resolution.
7.1 The board may on its own motion or by stipulation of the parties refer any complaint to mediation: Provided, That complaints demonstrating probable cause of the existence of imminent safety and/or health hazards may not be referred to mediation.
7.2 The board may maintain a list of mediators with expertise in professional and occupational licensing matters or may obtain a list of qualified mediators from the West Virginia center for dispute resolution or the West Virginia state bar mediator referral service. Division staff may be utilized to prepare any mediation agreement.
7.3 A notice of the mediation must be provided to the parties by certified mail at least twenty days in advance of the mediation date. The notice must contain the time, date and location of the mediation and the issues to be mediated.
7.4 The mediation is not considered a proceeding open to the public and any reports and records introduced at the mediation are not part of the public record. The mediator and all participants in the mediation shall maintain and preserve the confidentiality of all proceedings and records. The mediator may not be subpoenaed or called to testify or otherwise be subject to process requiring disclosure of confidential information in any proceeding relating to or arising out of the complaint matter mediated: Provided, That any confidentiality agreement and any written agreement made and signed by the parties as a result of the mediation may be used in any proceeding subsequently instituted to enforce the written agreement. The agreement may be used in other proceedings if the parties agree to the use in writing.
7.5 The written agreement made and signed by the parties as a result of the mediation is binding and must list the issues resolved, the corrective actions, if any, agreed to, with time frames and any issues not resolved at the mediation.
7.6 A mediated agreement under the provisions of this section does not waive a contractor's potential liability for board disciplinary action if the board determines that the contractor has violated any provision of West Virginia code §21-11-1, et seq., or legislative rules promulgated pursuant to that article.
7.7 Any issues not resolved at mediation are returned to the board for formal hearing pursuant to the provisions of section 6 of this rule.";
And,
By renumbering the remaining section of the rule.
(b) The legislative rule filed in the state register on the ninth day of July, two thousand two, authorized under the authority of section sixteen, 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 fourth day of December, two thousand two, relating to the contractor licensing board (West Virginia contractor licensing act , 28 CSR 2), is authorized.

NOTE: The purpose of this bill is to authorize the Contractor Licensing Board to promulgate a legislative rule relating to the West Virginia Contractor Licensing Act .

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.