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Introduced Version Senate Bill 328 History

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Key: Green = existing Code. Red = new code to be enacted
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.

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