H. B. 2597
(By Delegates Mahan, Cann, Kominar and Faircloth)
[Introduced January 24, 2003; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact section five, article nine, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
contractor licensing board to promulgate a legislative rule
relating to the West Virginia contractor licensing act.
Be it enacted by the Legislature of West Virginia:
That section five, 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.
§64-9-5. Contractor licensing board.
(a) 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
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
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 confidentiality 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 that 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.";
By renumbering the remaining section of the rule.
(b) The legislative rule filed in the state register on the
ninth day of July, two thousand two, authorized under the authority
of section sixteen, 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 fourth day of December, two
thousand two, relating to the contractor licensing board (West
Virginia contractor licensing act
, 28 CSR 2), is authorized.
NOTE: The purpose of this bill is to authorize the Contractor
Licensing Board to promulgate a legislative rule relating to the
West Virginia Contractor Licensing Act
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would