Senate Bill No. 720
(By Senators Wooton, Caldwell, Deem, Facemyer,
Fanning, Hunter, Kessler, Minard, Mitchell, Ross and Rowe)
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[Originating in the Committee on the Judiciary;
reported April 2, 2001.]
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A BILL to amend and reenact section four, article thirteen-a,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
board of examiners of land surveyors to promulgate emergency
and legislative rules.
Be it enacted by the Legislature of West Virginia:
That section four, article thirteen-a, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 13A. LAND SURVEYORS.
§30-13A-4. Powers and duties of board; funds.
(a) The board shall have the power and duty to:
(1) Examine applicants and determine their eligibility for a
license to engage in the practice of land surveying;
(2) Prepare, conduct and grade an apt and proper written, oral or written and oral examination of applicants for a license and
determine the satisfactory passing score thereon;
(3) Promulgate reasonable rules implementing the provisions of
this article and the powers and duties conferred upon the board
hereby, all of which reasonable rules shall be promulgated in
accordance with the provisions of article three, chapter twenty-
nine-a of this code;
(4) Issue, renew, deny, suspend or revoke licenses to engage
in the practice of land surveying in accordance with the provisions
of this article;
(5) Investigate alleged violations of the provisions of this
article, reasonable rules promulgated hereunder and orders and
final decisions of the board and take appropriate disciplinary
action against any licensee for the violation thereof or institute
appropriate legal action for the enforcement of the provisions of
this article, reasonable rules promulgated hereunder and orders and
final decisions of the board or take such disciplinary action and
institute such legal action;
(6) Keep accurate and complete records of its proceedings,
certify the same as may be appropriate and prepare, from time to
time, a list showing the names and addresses of all licensees;
(7) Take such other action as may be reasonably necessary or
appropriate to effectuate the provisions of this article; and
(8) Establish standards to evaluate surveying curricula as it
relates to the practice of land surveying under the provisions of
this article and to determine the amount of experience required
under section five of this article which may be substituted for a
particular curriculum.
(b) All moneys paid to the board shall be accepted by a person
designated by the board and deposited by him with the treasurer of
the state and credited to an account to be known as the "board of
examiners of land surveyors fund". All of the reasonable
compensation of the members of the board, the reimbursement of all
reasonable and necessary expenses actually incurred by such members
and all other costs and expenses incurred by the board in the
administration of this article shall be paid from such fund, and no
part of the state's general revenue fund shall be expended for this
purpose.
(9) The board shall propose for legislative promulgation on or
before the first day of July, two thousand one, in accordance with
the provisions of article three, chapter twenty-nine-a of this
code, emergency and legislative rules to effectuate the purposes of
this article, including, but not limited to, continuing education
and procedural rules for hearings and investigation of complaints.
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(NOTE: The purpose of this bill is to authorize the board of examiners of land surveyors to promulgate emergency and legislative
rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
)