A BILL to amend and reenact article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing board of accountancy to promulgate legislative rule relating to board and rules of professional conduct; authorizing commissioner of agriculture to promulgate legislative rule relating to animal disease control; authorizing commissioner of agriculture to promulgate legislative rule relating to state aid for fairs and festivals; authorizing commissioner of agriculture to promulgate legislative rule relating to schedule of charges for inspection services--fruit; authorizing commissioner of agriculture to promulgate legislative rule relating to controlled atmosphere for storage of apples; authorizing athletic commission to promulgate legislative rule relating to commission; authorizing auditor to promulgate legislative rule relating to transaction fee and rate structure; authorizing contractor licensing board to promulgate legislative rule relating to complaints; authorizing board of licensed dietitians to promulgate legislative rule relating to licensure and renewal requirements; authorizing board of licensed dietitians to promulgate legislative rule relating to code of professional ethics; authorizing governor's committee on crime, delinquency and correction to promulgate legislative rule relating to protocol for law-enforcement response to domestic violence; authorizing human rights commission to promulgate legislative rule relating to waiver of rights under West Virginia human rights act; authorizing human rights commission to promulgate legislative rule relating to definition of employee under West Virginia human rights act; authorizing board of examiners of land surveyors to promulgate legislative rule relating to rules and minimum standards for practice of land surveying in West Virginia; authorizing board of examiners of land surveyors to promulgate legislative rule relating to mandatory continuing education for land surveyors; authorizing board of optometry to promulgate legislative rule relating to board; authorizing board of optometry to promulgate legislative rule relating to expanded prescriptive authority; authorizing board of optometry to promulgate legislative rule relating to schedule of fees; authorizing board of pharmacy to promulgate legislative rule relating to board; authorizing board of pharmacy to promulgate legislative rule relating to continuing education for licensure of pharmacists; authorizing radiologic technology board of examiners to promulgate legislative rule relating to board; authorizing real estate appraiser licensing and certification board to promulgate legislative rule relating to requirements for licensure and certification; authorizing real estate appraiser licensing and certification board to promulgate legislative rule relating to renewal of licensure or certification; authorizing board of examiners for registered professional nurses to promulgate legislative rule relating to requirements for registration and licensure; authorizing board of examiners for registered professional nurses to promulgate legislative rule relating to fees; authorizing secretary of state to promulgate legislative rule relating to use of electronic signatures by state agencies; authorizing secretary of state to promulgate legislative rule relating to registry requirements; authorizing secretary of state to promulgate legislative rule relating to uniform commercial code, revised article nine; authorizing secretary of state to promulgate legislative rule relating to use of digital signatures, state certification authority and state repository; authorizing board of social work examiners to promulgate legislative rule relating to qualifications for licensure as social worker; authorizing board of social work examiners to promulgate legislative rule relating to fee schedule; authorizing board of examiners for speech-language pathology and audiology to promulgate legislative rule relating to licensure of speech-language pathology and audiology; authorizing board of veterinary medicine to promulgate legislative rule relating to registration of veterinary technicians; and authorizing board of veterinary medicine to promulgate legislative rule relating to standards of practice.

Be it enacted by the Legislature of West Virginia:
That article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Board of accountancy.
The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section five, article nine, chapter thirty of this code, modified by the board of accountancy to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-eighth day of November, two thousand one, relating to the board of accountancy (board rules and rules of professional conduct, 1 CSR 1), is authorized.
§64-9-2. Commissioner of agriculture.
(a) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand one, authorized under the authority of section four, article one, chapter nineteen of this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of August, two thousand one, relating to the commissioner of agriculture (animal disease control, 61 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand one, authorized under the authority of section eleven, article seven, chapter nineteen of this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-seventh day of September, two thousand one, relating to the commissioner of agriculture (state aid for fairs and festivals, 61 CSR 3), is authorized.
(c) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand one, authorized under the authority of section ten, article two, chapter nineteen of this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of August, two thousand one, relating to the commissioner of agriculture (schedule of charges for inspection services: fruit, 61 CSR 8B), is authorized.
(d) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand one, authorized under the authority of section three, article five-a, chapter nineteen of this code, modified by the commissioner of agriculture to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of August, two thousand one, relating to the commissioner of agriculture (controlled atmosphere storage of apples, 61 CSR 8E), is authorized.
§64-9-3. Athletic commission.
The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section twenty-four, article five-a, chapter twenty-nine of this code, modified by the athletic commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of January, two thousand two, relating to the athletic commission (administrative rule of the commission, 177 CSR 1), is authorized.
§64-9-4. Auditor.
The legislative rule filed in the state register on the twenty-fourth day of July, two thousand one, authorized under the authority of section ten-c, article three, chapter twelve of this code, modified by the auditor to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of September, two thousand one, relating to the auditor (transaction fee and rate structure, 155 CSR 4), is authorized.
§64-9-5. Contractor licensing board.
The legislative rule filed in the state register on the sixth day of June, two thousand one, under the authority of section fourteen, article eleven, chapter twenty-one of this code, modified by the contractor licensing board to meet the objections of the legislative rule-making review committee and refiled in the state register on the ninth day of August, two thousand one, relating to the contractor licensing board (West Virginia contractor licensing board - complaints, 28 CSR 3), is authorized

with the amendments set forth below:
On page 5, after subsection 6.7 by adding a new section 7, to read as follows:
"§28-3-7. Alternate dispute resolution.
7.1 The board may on its own motion or by stipulation of the parties refer any complaint to mediation: Provided, That complaints demonstrating probable cause of the existence of imminent safety and/or health hazards may not be referred to mediation.
7.2 The board may maintain a list of mediators with expertise in professional and occupational licensing matters or may obtain a list of qualified mediators from the West Virginia center for dispute resolution or the West Virginia state bar mediator referral service. Division staff may be utilized to prepare any mediation agreement.
7.3 A notice of the mediation must be provided to the parties by certified mail at least twenty days in advance of the mediation date. The notice must contain the time, date and location of the mediation and the issues to be mediated.
7.4 The mediation is not considered a proceeding open to the public and any reports and records introduced at the mediation are not part of the public record. The mediator and all participants in the mediation shall maintain and preserve the confidentially of all proceedings and records. The mediator may not be subpoenaed or called to testify or otherwise be subject to process requiring disclosure of confidential information in any proceeding relating to or arising out of the complaint matter mediated: Provided, That any confidentiality agreement and any written agreement made and signed by the parties as a result of the mediation may be used in any proceeding subsequently instituted to enforce the written agreement. The agreement may be used in other proceedings if the parties agree to the use in writing.
7.5 The written agreement made and signed by the parties as a result of the mediation is binding and must list the issues resolved, the corrective actions, if any, agreed to, with time frames and any issues not resolved at the mediation.
7.6 A mediated agreement under the provisions of this section does not waive a contractor's potential liability for board disciplinary action if the board determines that the contractor has violated any provision of West Virginia code §21-11-1, et seq., or legislative rules promulgated pursuant to the article.
7.7 Any issues not resolved at mediation are returned to the board for formal hearing pursuant to the provisions of section 6 of this rule.";
And,
By renumbering the remaining section of the rule.

§64-9-6. Board of licensed dietitians.
(a) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section four, article thirty-five, chapter thirty of this code, modified by the board of licensed dietitians to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of October, two thousand one, relating to the board of licensed dietitians (licensure and renewal requirements, 31 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section four, article thirty-five, chapter thirty of this code, modified by the board of licensed dietitians to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixteenth day of October, two thousand one, relating to the board of licensed dietitians (code of professional ethics, 31 CSR 2), is authorized.

§64-9-7. Governor's committee on crime, delinquency and correction.

The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, authorized under the authority of section nine, article two-a, chapter forty-eight of this code, modified by governor's committee on crime, delinquency and correction to meet the objections of the legislative rule- making review committee and refiled in the state register on the second day of October, two thousand one, relating to the governor's committee on crime, delinquency and correction (protocol for law- enforcement response to domestic violence, 149 CSR 3), is authorized.
§64-5-8. Human rights commission.
(a) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section eight, article eleven, chapter five of this code, modified by the human rights commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand two, relating to the human rights commission (waiver of rights under the West Virginia human rights act, 77 CSR 6), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section eight, article eleven, chapter five of this code, modified by the human rights commission to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand two, relating to the human rights commission (definition of employee under the West Virginia human rights act, 77 CSR 7), is authorized.
§64-9-9. Board of examiners of land surveyors.
(a) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section four, article thirteen-a, chapter thirty of this code, modified by the board of examiners of land surveyors to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of November, two thousand one, relating to the board of examiners of land surveyors (rules and minimum standards for the practice of land surveying in West Virginia, 23 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, under the authority of section four, article thirteen-a, chapter thirty of this code, modified by the board of examiners of land surveyors to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of November, two thousand one, relating to the board of examiners of land surveyors (mandatory continuing education for land surveyors, 23 CSR 2), is authorized.
§64-9-10. Board of optometry.
(a) The legislative rule filed in the state register on the eighteenth day of July, two thousand one, under the authority of section three, article eight, chapter thirty of this code, modified by the board of optometry to meet the objections of the legislative rule-making review committee and refiled in the state register on the nineteenth day of November, two thousand one, relating to the board of optometry (rules of the board, 14 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, authorized under the authority of sections two-a and two-b, article eight, chapter thirty of this code, modified by the board of optometry to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventh day of January, two thousand two, relating to the board of optometry (expanded prescriptive authority, 14 CSR 2), is authorized.
(c) The legislative rule filed in the state register on the eighteenth day of July, two thousand one, authorized under the authority of section three, article eight, chapter thirty of this code, modified by the board of optometry to meet the objections of the legislative rule-making review committee and refiled in the state register on the twentieth day of September, two thousand one, relating to the board of optometry (schedule of fees, 14 CSR 5), is authorized.
§64-9-11. Board of pharmacy.
(a) The legislative rule filed in the state register on the tenth day of October, two thousand one, authorized under the authority of section nine-a, article five, chapter thirty of this code, modified by the board of pharmacy to meet the objections of the legislative rule-making review committee and refiled in the state register on the eleventh day of January, two thousand two, relating to the board of pharmacy (rules of the board of pharmacy, 15 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the tenth day of October, two thousand one, authorized under the authority of section nine, article five, chapter thirty of this code, modified by the board of pharmacy to meet the objections of the legislative rule-making review committee and refiled in the state register on the eleventh day of January, two thousand two, relating to the board of pharmacy (continuing education for the licensure of pharmacists, 15 CSR 3), is authorized.
§64-9-12. Radiologic technology board of examiners.
The legislative rule filed in the state register on the twenty-fourth day of July, two thousand one, under the authority of section five, article twenty-three, chapter thirty of this code, modified by the board of examiners of radiologic technology to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of August, two thousand one, relating to the board of examiners of radiologic technology (rules of the board, 18 CSR 1), is authorized.
§64-9-13. Real estate appraiser licensing and certification board.
(a) The legislative rule filed in the state register on the second day of July, two thousand one, under the authority of section nine, article thirty-eight, chapter thirty of this code, modified by the real estate appraiser licensing and certification board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of August, two thousand one, relating to the real estate appraiser licensing and certification board (requirements for licensure and certification, 190 CSR 2), is authorized

with the following amendment:
On page twenty-nine, section 14.1, by striking out "2001" and inserting in lieu thereof "2002"

.
(b) The legislative rule filed in the state register on the second day of July, two thousand one, under the authority of section nine, article thirty-eight, chapter thirty of this code, modified by the real estate appraiser licensing and certification board to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of August, two thousand one, relating to the real estate appraiser licensing and certification board (renewal of licensure or certification, 190 CSR 3), is authorized

with the following amendment:
On page six, section 8.1, by striking out "2001" and inserting in lieu thereof "2002"

.
§64-9-14. Board of examiners of registered professional nurses.
(a) The legislative rule filed in the state register on the thirtieth day of July, two thousand one, authorized under the authority of section four, article seven, chapter thirty of this code, modified by the board of examiners for registered professional nurses to meet the objections of the legislative rule- making review committee and refiled in the state register on the twenty-ninth day of November, two thousand one, relating to the board of examiners for registered professional nurses (requirements for registration and licensure, 19 CSR 3), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, authorized under the authority of section four, article seven, chapter thirty of this code, relating to the board of examiners for registered professional nurses (fees, 19 CSR 12), is authorized.
§64-9-15. Secretary of state.
(a) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand one, authorized under the authority of section three, article three, chapter thirty-nine-a of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the tenth day of October, two thousand one, relating to the secretary of state (use of digital signatures, state certification authority and state repository, 153 CSR 30), is authorized.
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, authorized under the authority of section four hundred two, article two, chapter forty- eight of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the second day of November, two thousand one, relating to the secretary of state (registry requirements, 153 CSR 32), is disallowed and repealed.
(c) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand one, authorized under the authority of section five hundred twenty-six, article nine, chapter forty-six of this code, modified by the secretary of state to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, two thousand two, relating to the secretary of state (uniform commercial code, revised article nine, 153 CSR 35), is authorized.
(d) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand one, authorized under the authority of section three, article three, chapter thirty-nine-a of this code, relating to the secretary of state (use of digital signatures, state certification authority and state repository, 153 CSR 31), is authorized.
§64-9-16. Board of social work examiners.
(a) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand one, under the authority of section three, article thirty, chapter thirty of this code, modified by the board of social work examiners to meet the objections of the legislative rule-making review committee and refiled in the state register on the eleventh day of October, two thousand one, relating to the board of social work examiners (qualifications for licensure as a social worker, 25 CSR 1), is authorized.
(b) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand one, under the authority of section three, article thirty, chapter thirty of this code, relating to the board of social work examiners (fee schedule, 25 CSR 3), is authorized.

§64-9-17. Board of examiners for speech-language pathology and audiology.

The legislative rule filed in the state register on the thirtieth day of July, two thousand one, under the authority of section ten, article thirty-two, chapter thirty of this code, modified by the board of examiners for speech-language pathology and audiology to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourteenth day of December, two thousand one, relating to the board of examiners for speech-language pathology and audiology (licensure of speech-language pathology and audiology, 29 CSR 1), is authorized.
§64-9-18. Board of veterinary medicine.
(a) The legislative rule filed in the state register on the thirty-first day of August, two thousand one, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the board of veterinary medicine to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of December, two thousand one, relating to the board of veterinary medicine (registration of veterinary technicians, 26 CSR 3), is authorized with the amendments set forth below:
On page two, section three, subsection 3.4, subdivision b., following the words "convicted of a felony", by striking out the words "or other crime involving moral turpitude" and inserting in lieu thereof the words "offense relating to controlled substances";
On page two, section three, subsection 3.7, following the words "office of the veterinary facility", by striking out the words "of the person to whom it is issued" and inserting in lieu thereof the words "where the veterinary technician is employed";
On page three, section three, subsection 3.10, subdivision h., following the words "has an adjudication of", by striking out the word "insanity" and inserting in lieu thereof the words "mental incompetency;";
On page five, section 3.14.1, line 3, after the words "such registration" by inserting the words "without examination";
On page five, section 3.14.1, line four, after the words "registration ended" by deleting the period and inserting the words "by providing to the Board:
a. Proof of employment under the direct supervision of a licensed veterinarian during each of the years not renewed.
b. Proof of having met the continuing education requirement of a minimum of six hours of classroom continuing education in an approved program during each of the years not renewed. Each year's continuing education is to renew for the subsequent year.
c. Payment of all delinquent fees from the last renewal date to the current renewal period.";
And,
On page 6, section 14.2, after the words "the registration examinations." by striking out the remainder of the subdivision.
(b) The legislative rule filed in the state register on the thirty-first day of August, two thousand one, authorized under the authority of section four, article ten, chapter thirty of this code, modified by the board of veterinary medicine to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of December, two thousand one, relating to the board of veterinary medicine (standards of practice, 26 CSR 4), is authorized with the amendments set forth below:
On page 10, subdivision 5.3.G., by striking out paragraph 3 and inserting in lieu thereof a new paragraph 3, to read as follows:
"Anesthetic equipment kept and maintained in working order.";
And,
On page 11, subdivision 5.3.H., by striking out the words "rules and regulations; and" and inserting in lieu thereof the words "laws, or a written contract with a facility capable of producing and providing diagnostic x-rays to the facility; and".




NOTE: The purpose of this bill is to

auditor, board of examiners for registered nurses, secretary of state, board of accountancy, board of social work examiners, commissioner of agriculture, state athletic commission, contractor licensing board, board of licensed dieticians, governor's committee on crime, delinquency and correction, human rights commission, board of examiners of land surveyors, board of optometry, board of pharmacy, division of protective services, board of radiologic technology examiners, real estate appraiser licensing & certification board, board of examiners for speech-language pathology & audiology, and board of veterinary medicine to promulgate legislative rules.

Article 9 has been completely rewritten; therefore, strike- throughs and underscoring have been omitted.