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Introduced Version - Originating in Committee Senate Bill 737 History

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sb737 org
Senate Bill No. 737

(By Senators Bowman, Bailey, Chafin, Harrison, Jenkins, Kessler, Lanham, McCabe, Minard, Plymale, Weeks and White)

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[Originating in the Committee on Government Organization;

reported March 23, 2005.]

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A BILL to amend and reenact §30-1-5 of the Code of West Virginia, 1931, as amended, relating to licensing boards; establishing a time limit for licensing boards to issue a final ruling on complaints; and exception.

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:
§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. The board is authorized to 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 are authorized to administer oaths for these purposes.
(b) Every board referred to in this chapter has a duty to investigate and resolve complaints which it receives and shall, do so in a timely manner within one year of the complaint being filed, complete the investigation and issue a final ruling, unless the party filing the complaint and the board agree in writing to extend the time for the final ruling. 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. Every board has a duty to 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 such violations. Every person licensed or registered by a board has a duty to 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.
(c) 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.
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