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Introduced Version - Originating in Committee Senate Bill 389 History

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

Senate Bill No. 389

(By Senators Blair, Yost, Maynard, Facemire, Leonhardt, Williams, Walters, Boso, Palumbo, Mullins, Gaunch, Miller, Ferns, and Snyder)

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[Originating in the Committee on Government Organization; reported February 2, 2015.]

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A BILL to amend and reenact §30-13-18 of the Code of West Virginia, 1931, as amended, relating to the Board of Registration for Professional Engineers; changing time period for renewal from fiscal year to calendar year; authorizing renewal notification by mail or electronically; requiring reinstatement of nonrenewed licenses; authorizing annual or biennial renewal periods; and authorizing legislative rules and emergency rules related to renewal and reinstatement.

Be it enacted by the Legislature of West Virginia:

            That §30-13-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 13. ENGINEERS.

§30-13-18. Renewals and reinstatement.

            (a) Certificates of registration and certificates of authorization for firms expire on the last day of the month of June following issuance December of the year indicated on the certificate, and are invalid after that date unless renewed the holder of any certificate that is not timely renewed is ineligible to practice or offer to practice engineering in this state until the certificate has been reinstated in accordance with rules promulgated by the board.

(b) The secretary of the board shall notify every person registered and every firm holding a certification of authorization under this article of the pending expiration of a certificate of registration or certificate of authorization issued to that person or firm, including notice of the fee required to renew the registration or certificate. The notice shall be mailed to the registrant or firm at their last known address at the last mailing address or email address provided to the board, at least one month in advance of the date of the expiration. Certificates may be renewed in accordance with board rule, which may include payment of a late fee if not postmarked by December 31 of the year in which renewal is required. At least one month prior to renewal the board shall send a notification of renewal requirements to each person or firm holding an active certificate. The notice shall be made by mail or electronic means using the contact information provided to the board.

            (c) An expired A certificate that was not timely renewed or for other reason was given a nonpracticing status may be renewed reinstated under rules promulgated by the board and may require reexamination and payment of penalty fees set forth in board rules.

            (d) Effective July 1, 2015, the board may renew certificates on a biennial basis.

(e) The board may promulgate emergency rules pursuant to section fifteen, article three, chapter twenty-nine-a of this code to implement the provisions of this section.

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            (NOTE: The purpose of this bill is to change the time period for renewal from the fiscal year to the calendar year; to allow renewal notification by electronic means; to clarify that nonrenewed licenses must be reinstated; to allow biennial renewal periods; and to permit the Board to promulgate legislative rules and emergency rules related to renewal and reinstatement.)

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