Senate Bill No. 366
(By Senators Wiedebusch, Bailey, Bowman and Buckalew)
____________
[Originating in the Committee on Government Organization;
reported March 18, 1997.]
____________
A BILL to amend chapter thirty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirty-seven,
relating to establishing the West Virginia board of registered
interior designers; general provisions; definitions; providing
for qualifications, appointment and terms of board members;
powers and duties; eligibility for, issuance, denial and
expiration of certificates of registration; same, suspension
and revocation; confidentiality of information;
inapplicability of evidentiary privileges; violations; and
penalties.
Be it enacted by the Legislature of West Virginia:
That chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article thirty-seven, to read as follows:
ARTICLE 37. WEST VIRGINIA REGISTERED INTERIOR DESIGNERS PRACTICE ACT.
§30-37-1. General provisions.
Unless otherwise specifically provided in this article, the
provisions of article one of this chapter relating to all state
boards of examination or registration apply to the West Virginia
registered interior designers board created in this article.
§30-37-2. Definitions.
As used in this article:
(a) "Board" means the West Virginia registered interior
designers board.
(b) "Certificate of registration" means a certificate of
registration granted and issued by the board for the practice of
interior design.
(c) "Interior designer" means a design professional who
performs services including preparation of documents relative to
nonloadbearing interior construction, furnishings, fixtures and
equipment: Provided, That this definition does not include any
person registered under and subject to the provisions of article
twelve of this chapter.
(d) "Registrant" or "registered interior designer" means any
person holding a certificate of registration issued under the
provisions of this article.
§30-37-3. Certificate of registration required; practice limited;
display of registration certificate.
(a) No person may engage in, offer to engage in, or hold
himself or herself out to the public as a registered interior
designer in this state, nor may any person use in connection with
any trade, business, profession or occupation, the words
"registered interior designer" or words, letters or abbreviations
of similar import which tend to induce a belief that the person is
a registered interior designer unless he or she first obtains a
certificate in accordance with the provisions of this article and
that certificate remains unexpired, unsuspended and unrevoked.
(b) No firm, association or corporation may, except through a
registered interior designer, render any service or engage in any
activity which if rendered or engaged in by an individual would
constitute registered interior design practice.
(c)
Every person registered under the provisions of this
article shall display his or her certificate in a conspicuous
location at his or her principal place of business.
§30-37-4. Board of registered interior designers created; members;
appointment; qualifications; terms; vacancies; officers;
compensation.
(a) There is hereby created the West Virginia board of
registered interior designers, hereinafter called the board. The
governor shall appoint the members of this board, who shall be
residents of this state, by and with the advice and consent of the
Senate. The board shall consist of five members comprised as follows:
(1) Four professional members who are registered under this
article as registered interior designers, or who, in the case of
the members first appointed, are eligible for a registration under
this article and have been interior designers for at least five
years immediately preceding their appointment.
(2) One lay member to represent the interests of the public.
(b) Of the members first appointed pursuant to subdivision
(1), subsection (a) of this section, one shall be appointed for a
term of one year, two shall be appointed for terms of two years and
one shall be appointed for a term of three years. The member first
appointed pursuant to subdivision (2), subsection (a) of this
section shall be appointed for a term of one year. Thereafter, all
members shall be appointed for terms of three years. Any member
whose term has expired shall serve until his or her successor has
been appointed and has qualified. Vacancies shall be filled in the
same manner as regular appointments are made but shall be for the
unexpired term only. Members appointed to the board are eligible
for reappointment, not to exceed two consecutive full terms.
(c) Not more than three members appointed by the governor as
members of the board shall belong to the same political party. In
making appointments to the board, the governor shall, so far as
practicable, select the members from different geographical
sections of the state.
(d) The board shall hold its first meeting within thirty days
after the initial members are appointed and shall, at that meeting,
organize itself and elect officers as provided in section three,
article one of this chapter. The members of the board may not be
compensated for their services as members, but shall be reimbursed
for all reasonable and necessary expenses actually incurred in the
performance of their duties.
§30-37-5. Powers and duties of the board; funds of board.
(a) The board shall:
(1) Examine applicants and determine their eligibility for
registration as provided in this article;
(2) Issue, renew, deny, suspend or revoke certificates in
accordance with the provisions of this article and, in accordance
with the provisions of article one of this chapter, review, affirm,
reverse, vacate or modify its order with respect to any such
denial, suspension or revocation;
(3) Investigate alleged violations of the provisions of this
article, the rules promulgated hereunder and the administrative
orders of the board; take appropriate disciplinary action against
any registered interior designer for the violation; or institute
other appropriate legal action to enforce the provisions of this
article, the rules promulgated hereunder and the administrative
orders of the board. For these purposes, the board may employ
investigators who are expressly authorized to conduct inquiries and inspections which, in the board's judgment, are necessary or
appropriate to enforce this article, including reviewing and
auditing pertinent records maintained at the place of business of
any registered interior designer or at any other place under the
registered interior designer's dominion and control. Any
information thus obtained by the board or its agents shall be
maintained as confidential and may not be disclosed, except as
provided in subsection (b), section eight of this article or
pursuant to court order;
(4) Employ, direct, discharge and define the duties of full or
part-time professional, clerical or other personnel necessary to
effectuate the provisions of this article;
(5) Keep accurate and complete records of its proceedings;
prepare and maintain a register of all persons holding a
certificate under this article, together with a unique serial
number assigned by the board and the dates of issuance and
expiration; and, after administering any examination, prepare a
list of persons achieving a passing score thereon, all of which
shall be made available to the public upon request and at a fee not
to exceed the actual cost of printing and postage;
(6) Maintain, publish and make available to the public, upon
request and for a fee not to exceed the actual cost of printing and
postage, the requirements for the issuance of a certificate
provided by this article;
(7) Whenever the board considers it appropriate, confer with
the attorney general or his or her assistants in connection with
all legal matters and questions; and
(8) Take other action that may be reasonably necessary or
appropriate to effectuate the provisions of this article.
(b) The board shall, in accordance with article three, chapter
twenty-nine-a of this code, propose legislative rules and
promulgate interpretive and procedural rules to implement the
provisions of this article and the powers and duties conferred upon
it. Legislative rules proposed by the board shall include, but not
be limited to, rules:
(1) Establishing minimum academic, experiential and
examination standards, consistent with section six of this article,
to be met by applicants for registration provided by this article;
(2) Establishing application and examination procedures for
initial and renewed registration;
(3) Setting reasonable application and examination fees for
registration provided by this article;
(4) Establishing reciprocity criteria for determining whether
the licensure, registration or certification requirements of
another jurisdiction are at least equal to those of this state and
providing procedures whereby the board may waive certain licensure
requirements, except fees, for persons who hold a valid license,
registration or certification from the jurisdiction;
(5) Establishing the methods and criteria the board uses in
developing examinations and establishing criteria by which it will
determine whether to accept an examination prepared or conducted by
a private organization as sufficient for testing knowledge of
interior design practice and theory; and providing procedures
whereby the board may waive its examination requirements for
persons who have satisfactorily passed the examination;
(6) Adopting a code of ethics or professional conduct;
(7) Establishing continuing education requirements to be met
as a condition of registration renewal;
(8) Adopting a common seal; and
(9) Establishing requirements for monitored internship.
(c) In addition to other powers granted in this article or
article one of this chapter, the board may reinstate the
registration of any person whose certificate has been suspended or
revoked and may, in its discretion, impose conditions upon that
certificate in his or her practice for a reasonable period after
reinstatement if those conditions advance the purposes of this
article.
(d) All moneys paid to the board shall be accepted by a person
designated by the board, deposited with the treasurer of state and
credited to an account hereby established and designated as the
"board of registered interior designers fund". The reimbursement
of all reasonable and necessary expenses actually incurred by members of the board and all other costs and expenses incurred by
the board in the administration of this article shall be paid from
this fund, and no part of the state's general revenue fund may be
expended for this purpose.
§30-37-6. Qualifications of applicants for registration as
interior designers; exceptions; applications; fees.
(a) To be eligible for any license issued under the provisions
of this article, an applicant must:
(1) Be of good moral character;
(2) Reside in this state at the time of application or provide
documentation satisfactorily evidencing his or her intention to
practice in this state;
(3) Submit a completed application on a form prescribed by the
board, together with academic transcripts or other proof as may be
required by the board showing that the applicant meets the
applicable academic licensure requirements;
(4) Pay to the board as it may establish by rule a
nonrefundable initial application fee, which fee may not exceed
seventy-five dollars;
(5) Except as otherwise provided in this article or by
legislative rule promulgated hereunder, successfully complete the
appropriate examination; and
(6) Not have been convicted of a felony or a crime involving
moral turpitude in any court in this state or any court in any other state, which conviction remains unreversed.
(b) The board may waive the examination requirement provided
in this section for any applicant who successfully completes an
examination conducted by another state or a private organization
determined by the board to be sufficient.
(c) Notwithstanding any other provision of this code to the
contrary, the board shall grant the appropriate certificate to any
person who, upon proper application and submission of the
appropriate fee, and within twelve months of the effective date of
this article demonstrates to the board's satisfaction that he or
she has actively engaged in the practice area for which a
certificate is sought for at least six continuous years immediately
preceding the effective date of this article and has successfully
passed the national building and barrier-free codes examination or
has completed two years of interior design education at an
institution of higher education accredited by the national
foundation for interior design education research.
§30-37-7. Issuance of certificate of registration; expiration;
renewal; renewal fee; reciprocity.
(a) Whenever the board finds that an applicant has met all of
the applicable requirements for a registration issued under this
article, it shall issue a certificate to that applicant; otherwise,
the board shall deny the same. A certificate issued hereunder
expires two years from the date issued but may be renewed without examination upon application for renewal on a form prescribed by
the board, submission of evidence satisfactory to the board that he
or she has successfully met the applicable continuing education
requirements for the certificate to be renewed and payment of a
renewal fee, not to exceed fifty dollars. Any application for
renewal not submitted within thirty days of the certificate's
expiration date shall include an additional late renewal fee in the
amount of twenty-five dollars. The board may deny an application
for renewal for any reason which would justify the denial of an
original application for registration.
(b) The board may waive the academic, experience and
examination requirements for registration for any applicant who
presents satisfactory proof of comparable licensure, certification
or registration in another state which the board has approved for
reciprocity.
§30-37-8. Orders of the board as public information; evidentiary
privilege does not apply.
(a) Orders of the board relating to any disciplinary action
against a registered interior designer are public information.
(b) No evidentiary privilege applies in any investigation or
proceeding by the board with respect to relevant medical or other
records or testimony: Provided, That the disclosure of any
information pursuant to this subsection may not be considered a
waiver of any privilege in any other proceeding.
§30-37-9. Violations; criminal penalties.
Any person who violates any provision of this article is
guilty of a misdemeanor and, upon conviction thereof, shall for a
first offense be fined not more than one hundred dollars, confined
in a county or regional jail facility for not more than ninety
days, or both fined and imprisoned. For a second or subsequent
offense, he or she shall be fined not more than five hundred
dollars, confined in the county or regional jail for not more than
ninety days, or both fined and imprisoned.
____________
(NOTE: §30-37 is new; therefore, strike-throughs and
underscoring have been omitted.)