WEST virginia legislature
2017 regular session
House Bill 2631
By DELEGATES HOWELL, Martin, Hill, Arvon, Shott, Hanshaw, Lewis, Criss, Hamrick, Paynter and Hollen
[Originating in the Committee on the Judiciary]
A BILL to amend and reenact §30-1-5 of the Code of West Virginia, 1931, as amended, relating to providing notice of status report to the party filing the complaint and the Respondent by certified mail with a signed return receipt; requiring that in the event a board is unable to issue a final ruling within the statutory prescribed time, the board must issue a status report detailing the reasons it is unable to meet the prescribed time period and a new date for issuance of a final ruling; and prohibiting the new date for the issuance of a final ruling to be in excess of six (6) months from the date the final ruling was due.
Be it enacted by the Legislature of West Virginia:
That §30-1-5 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.
§30-1-5. Meetings; quorum; investigatory powers; duties.
(a) Every board referred to in this chapter shall hold at least one meeting each year, at such time and place as it may prescribe by rule, for the examination of applicants who desire to practice their respective professions or occupations in this state and to transact any other business which may legally come before it. The board may hold additional meetings as may be necessary, which shall be called by the secretary at the direction of the president or upon the written request of any three members. A majority of the members of the board constitutes a quorum for the transaction of its business.
(b) The board may compel the attendance of witnesses, to issue subpoenas, to conduct investigations and hire an investigator and to take testimony and other evidence concerning any matter within its jurisdiction. The president and secretary of the board may administer oaths for these purposes.
(c) Every board referred to in this chapter shall investigate and resolve complaints which it receives and shall, within six months of the complaint being filed, send a status report to the party filing the complaint and the Respondent by certified mail with a signed return receipt and within one year of the status report's return receipt date issue a final ruling, unless the party filing the complaint and the board agree in writing to extend the time for the final ruling.
(d) If the board is unable to issue a final ruling within the time prescribed in subsection (c) and such inability is due to delays or continuances caused or requested by the Respondent, the board shall issue a status report detailing the reasons for its inability to meet the time for the final ruling and the new date for issuance of a final ruling. In no event shall the new date be in excess of six (6) months from the date the final ruling was due. The board shall send a copy of the status report to the party filing the complaint and the Respondent by certified mail with a signed return receipt.
Every board shall provide public access to the record of the disposition of the
complaints which it receives in accordance with the provisions of chapter
twenty-nine-b of this code, and shall provide public access on a website to all
completed disciplinary actions in which discipline was ordered. If a board is
unable to provide access, the Attorney General shall provide a link to this
information on the consumer protection division website, together with a link
to the website of all other boards subject to this chapter. Every board shall
report violations of individual practice acts contained in this chapter to the
board by which the individual may be licensed and shall do so in a timely
manner upon receiving notice of the violations. Every person licensed or
registered by a board shall report to the board which licenses or registers him
or her a known or observed violation of the practice act or the board's rules
by any other person licensed or registered by the same board and shall do so in
a timely manner. Law-enforcement agencies or their personnel and courts shall
report in a timely manner to the appropriate board any violations of individual
practice acts by any individual. (e) (f)
Whenever a board referred to in this chapter obtains information that a person
subject to its authority has engaged in, is engaging in or is about to engage
in any act which constitutes or will constitute a violation of the provisions
of this chapter which are administered and enforced by that board, it may apply
to the circuit court for an order enjoining the act. Upon a showing that the
person has engaged, is engaging or is about to engage in any such act, the
court shall order an injunction, restraining order or other order as the court
may deem appropriate.
NOTE: The purpose of this bill is to prevent dismissal of complaints that exceed time standards for disposition when the accused causes delay that results in the time overage.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.