COMMITTEE SUBSTITUTE

FOR

H. B. 2503

(By Delegates Morgan, Stephens, Hartman,

              Hatfield and Swartzmiller)

     (Originating in the House Committee on the Judiciary)

[February 1, 2011]

A BILL to amend and reenact §30-27-5 of the Code of West Virginia, 1931, as amended, relating to licensure requirements for barbers and cosmetologists; requiring licensees to present government identification; and authorizing the board to retain identification information.

Be it enacted by the Legislature of West Virginia:

    That §30-27-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-5. Powers and duties of the board.

    (a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter and elsewhere in law.

    (b) The board shall:

    (1) Hold meetings, conduct hearings and administer examinations;

    (2) Establish requirements for licenses, permits, certificates and registrations;

    (3) Establish procedures for submitting, approving and rejecting applications for licenses, permits, certificates and registrations;

    (4) Determine the qualifications of any applicant for licenses, permits, certificates and registrations;

    (5) Prepare, conduct, administer and grade examinations for professional licenses and certificates;

    (6) Determine the passing grade for the examinations;

    (7) Maintain records of the examinations the board or a third party administers, including the number of persons taking the examinations and the pass and fail rate;

    (8) Hire, discharge, establish the job requirements and fix the compensation of the executive director;

    (9) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators/inspectors and contracted employees necessary to enforce the provisions of this article: Provided, That any investigator/inspector employed by the board on July 1, 2009, shall retain their coverage under the classified service, including job classification, job tenure and salary, until that person retires or is dismissed: Provided, however, That nothing may prohibit the disciplining or dismissal of any investigator/inspector for cause;

    (10) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the board;

    (11) Establish the criteria for the training of investigators/inspectors;

    (12) Set the requirements for investigations and inspections;

    (13) Conduct disciplinary hearings of persons regulated by the board;

    (14) Determine disciplinary action and issue orders;

    (15) Institute appropriate legal action for the enforcement of the provisions of this article;

    (16) Maintain an accurate registry of names and addresses of all persons regulated by the board;

    (17) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

    (18) Establish the continuing education requirements for professional licensees and certificate holders;

    (19) Issue, renew, combine, deny, suspend, revoke or reinstate licenses, permits, certificates and registrations;

    (20) Establish a fee schedule;

    (21) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

    (22) Take all other actions necessary and proper to effectuate the purposes of this article.

    (c) The board may:

    (1) Establish joint licenses;

    (2) Contract with third parties to administer the examinations required under the provisions of this article;

    (3) Sue and be sued in its official name as an agency of this state; and

    (4) Confer with the Attorney General or his or her assistant in connection with legal matters and questions; and

    (5) Require licensees to present a valid United States or state government issued photo identification. The board may retain a copy of the government issued identification to verify licensee information.