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SB328 SUB1 Senate Bill 328 History

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COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 328

(By Senator Bowman)

____________

[Originating in the Committee on Government Organization;

reported February 24, 2010.]

____________


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.


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