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.