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Chapter 64     Entire Code
‹ Chapter 63  |  Chapter 64 Printer Friendly Versions
Chapter 64  |  Article 64 - 9  |  Section 3
WVC 64- CHAPTER 64. LEGISLATIVE RULES.
WVC 64 - 9 - ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES. WVC 64 - 9 - 1 §64-9-1. Municipal Pensions Oversight Board.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section eighteen-a, article twenty-two, chapter eight of this code, modified by the Municipal Pensions Oversight Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 25, 2013, relating to the Municipal Pensions Oversight Board (policemen's and firemen's pensions disability calculation, 211 CSR 1 ), is authorized.

WVC 64 - 9 - 2 §64-9-2. Real Estate Commission.

     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section eight, article forty, chapter thirty of this code, modified by the Real Estate Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 3, 2013, relating to the Real Estate Commission (requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage business, 174 CSR 1 ), is authorized.

     (b) The legislative rule filed in the State Register on June 24, 2013, authorized under the authority of section eight, article forty, chapter thirty of this code, modified by the Real Estate Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013 relating to the Real Estate Commission (schedule of fees, 174 CSR 2 ), is authorized.

WVC 64 - 9 - 3 §64-9-3. State Election Commission.

     The legislative rule filed in the State Register on July 11, 2013, authorized under the authority of section fourteen, article twelve, chapter three of this code, modified by the State Election Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 6, 2013, relating to the State Election Commission (West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program, 146 CSR 5 ), is authorized.

WVC 64 - 9 - 4 §64-9-4. Real Estate Appraiser Licensing and Certification   Board.

     (a) The legislative rule filed in the State Register on February 4, 2014, authorized under the authority of section nine, article thirty-eight, chapter thirty of this code, 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 thirty-two, by striking out the words "10.2.p. One roster: thirty-five dollars ($35); Roster subscription fee:;" and inserting in lieu thereof the following:

     10.2.q. One roster: thirty-five dollars ($35); 10.2.r. Roster subscription fee: fifty dollars ($50);

     And by relettering the remaining subdivisions.

     On page 43, subdivision 11.8.b, line one, by striking out the words and date "Effective January 1, 2015" and on line four after after the words certification number" and the period, by striking out the words and date "Effective January 1, 2015".

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized 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 December 23, 2013, relating to the Real Estate Appraiser Licensing and Certification Board (renewal of licensure or certification, 190 CSR 3 ), is authorized, with the following amendments:

     On page 1, subsection 1.3, after the words "Filing Date. --" by striking out the word "April";

     On page 1, subsection 1.4, after the words "Effective Date. --" by striking out the word "April";

     On page 1, subsection 2.3, after the words "each 60" by striking out the words "minute segment of instruction" and inserting in lieu thereof the words "minutes actual classroom instruction";

     On page 1, underlined subsection 2.7, after the words "W. Va. Code" by striking the words "§30-38 et seq." and inserting in lieu thereof the words "§30-38-1 et seq." and after the words "Requirements for Licensure and Certification" by striking out the reference "190CSR2, subdivision 11.2" and inserting in lieu thereof the reference "190CSR2, subsection 11";

     On page 2, section 3.2, by underlining the words "License renewals are due 30 days prior to September 30" and after the words "delinquent license fee" by inserting the words "pursuant to 190 CSR 2";

     On page 2, subsection 4.1, after the words "classroom hours" by inserting the words "or classroom hours of distance education" and after the words "renewal term" by inserting the words": Provided, That with the exception of the 7-hour USPAP course, no credit shall be awarded for completion of a continuing education course on the same topic more than once every three (3) years";

     On page 2, paragraph 4.1.b.2, after the word "Arbitration" by underlining the comma and space;

     On page 3, subsection 4.2, by removing the underlining of "4.2" and by striking out the words "Beginning in 2015" and inserting in lieu thereof the words "Effective January 1, 2015";

     On page 3, after subsection 4.4, by inserting a new subsection "4.5. The board may grant credit for up to seven (7) hours of a licensee's continuing education requirement to teachers of appraisal courses which the board has approved and for which the board grants credit." and by renumbering the following subsection;

     And,

     On page 4, subsection 5.4, by striking out the words "subdivisions 5.1.g., 6.1.h., or 6.1.i.,".

WVC 64 - 9 - 5 §64-9-5. Massage Therapy Licensure Board.

     The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section seven, article thirty-six, chapter thirty of this code, relating to the Massage Therapy Licensure Board (schedule of fees, 194 CSR 4 ), is authorized.

WVC 64 - 9 - 6 §64-9-6. Treasurer's Office.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article two, chapter twelve of this code, relating to the Treasurer's Office (procedure for deposit of funds in the Treasurer's Office by state agencies, 112 CSR 1 ), is repealed.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article two, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (procedure for deposit of monies with the Office by state agencies, 112 CSR 4 ), is authorized.

     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article one, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (selection of state depositories for disbursement accounts through competitive bidding, 112 CSR 6 ), is authorized.

     (d) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section two, article one, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (selection of state depositories for receipt accounts, 112 CSR 7 ), is authorized.

     (e) The legislative rule filed in the Office of the Secretary of State and made effective May 7, 1998, authorized under the authority of section four, article six-b, chapter twelve of this code, relating to the Treasurer's Office (rules for the reporting of debt capacity, 112 CSR 9), and pursuant to the proposal to repeal the same filed in the Office of the Secretary of State on July 26, 2013, is repealed.

     (f) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section seven, article six-a, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 13, 2013, relating to the Treasurer's Office (reporting debt, 112 CSR 10 ), is authorized, with the following amendments:

     On page two, following subsection 2.2, beginning on line seven, by inserting a new subsection 2.3 to read as follows:

     "2.3. "Division" means the Division of Debt Management in the office of the State Treasurer.", and by redesignating the remaining subsections accordingly;

     And,

     On page six, subsection 7.1, line twenty-eight, following the word "June" and the number "30" by inserting the words "of the next preceding fiscal year".

     (g) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article three-a, chapter thirteen of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 15, 2013, relating to the Treasurer's Office (procedures for fees in collections by charge, credit or debit card or by electronic payment, 112 CSR 12 ), is authorized, with the following amendment:

     On page four, subsection 5.5, beginning on line nineteen, following the words "timely or", by striking out the words "if the spending unit has not been authorized to collect convenience fees".

     (h) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article three-a, chapter twelve of this code, modified by the Treasurer's Office to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 12, 2013, relating to the Treasurer's Office (providing services to political subdivisions, 112 CSR 13 ), is authorized, with the following amendments:

     On page two, subsection 2.5, line two, following the words "the unpaid balance", by striking out the words the remainder of the sentence;

     On page three, subsection 2.16, line one, by striking out the words "spending unit or";

     And,

     On page three, subsection 2.23, by striking out the subsection in its entirety and re-designating the remaining subsection accordingly.

WVC 64 - 9 - 7 §64-9-7. Bureau of Senior Services.

     The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section fifteen, article five-p, chapter sixteen of this code, relating to the Bureau of Senior Services (In-home Care Worker Registry, 76 CSR 2 ), is authorized with the following amendment:

     On page three, section 7, by striking out all of subsection 7.3.

WVC 64 - 9 - 8 §64-9-8. Commissioner of Agriculture.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section five, 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 September 30, 2013, relating to the Commissioner of Agriculture (schedule of charges for inspection services: fruit, 61 CSR 8B ), is authorized.

     (b) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section five, article two-c, 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 October 2, 2013, relating to the Commissioner of Agriculture (auctioneers, 61 CSR 11B ), is authorized.

     (c) The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section three, article two-b, chapter nineteen of this code, relating to the Commissioner of Agriculture (inspection of meat and poultry, 61 CSR 16 ), is authorized with the following amendment:

     §16-16-9. Poultry Exemptions.

     9.1. A poultry producer who otherwise meets the requirements of the exemption for poultry producers that slaughter or process 20,000 or fewer birds per calendar year under the federal Poultry Products Inspection Act, 21 U. S. C. 464(c)(3), may not keep a poultry flock of more than 3,000 birds at any one time.

WVC 64 - 9 - 9 §64-9-9. Board of Examiners for Speech-Language Pathology and Audiology.

     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, 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 December 18, 2013, relating to the Board of Examiners for Speech-Language Pathology and Audiology (licensure of speech-pathology and audiology, 29 CSR 1 ), is authorized.

     (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, 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 November 26, 2013, relating to the Board of Examiners for Speech-Language Pathology and Audiology (speech-language pathology and audiology assistants, 29 CSR 2 ), is authorized, with the following amendment:

     On page 1, subsection 2.3, at the beginning of the subsection, by striking out the words "Indirect/General supervision: Indirect/General" and inserting in lieu thereof the words "Indirect supervision: Indirect";

     On page 1, after subsection 2.6, by adding a new subsection 2.7, to read as follows:

     "2.7. Medically fragile patient/client: A medically fragile patient/client means a patient/client who has any condition that interferes with the airway, breathing, and/or circulatory system.",

     And by renumbering the remaining subsections accordingly;

     On page 2, subsection 4.1, subdivision (f), at the beginning of subsection (f), by restoring the stricken first sentence;

     On page 3, subsection 4.1, subdivision (h), by striking out said subdivision (h) and inserting a new subdivision (h) to read as follows:

     "(h) Provide 20% direct supervision and 10% indirect supervision for the first ninety (90) days, and thereafter ensure that he or she has direct contact with each patient/client at least once for every two weeks of treatment provided: Provided, That supervisors shall provide 100% direct supervision of an assistant who is providing treatment to a medically fragile patient/client.";

     On page 3, subsection 4.1, subdivision (o), after the words "ethical responsibility" by striking out the words "patient/client services provided or omitted"; and

     On page 3, subsection 4.1, subdivision (u), by striking out subdivision (u) in its entirety and inserting in lieu thereof a new subdivision (u) to read as follows:

     "(u) Accurately document all direct and indirect supervisory activities on forms prescribed by the board, and submit the same annually upon application for renewal of registration".

     (c) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, 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 November 26, 2013, relating to the Board of Examiners for Speech-Language Pathology and Audiology (disciplinary and complaint procedures for speech-language pathology and audiology, 29 CSR 4 ), is authorized.

     (d) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section seven, article thirty-two, chapter thirty of this code, relating to the Board of Examiners for Speech-Language Pathology and Audiology (code of ethics, 29 CSR 5 ), is authorized.

WVC 64 - 9 - 10 §64-9-10. Board of Chiropractic Examiners.

     (a) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section five, article sixteen, chapter thirty of this code, modified by the Board of Chiropractic Examiners to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 12, 2013, relating to the Board of Chiropractic Examiners (regulation of chiropractic practice, 4 CSR 1 ), is authorized, with the following amendment:

     On page 4, subsection 6.4, after the words "is prohibited" by striking out the words "as outlined in W. Va. Code § 30-16-20".

     (b) The legislative rule filed in the State Register on July 25, 2013, authorized under the authority of section five, article sixteen, chapter thirty of this code, relating to the Board of Chiropractic Examiners (fees pertaining to the practice of chiropractic, 4 CSR 6 ), is authorized.

WVC 64 - 9 - 11 §64-9-11. Board of Dental Examiners.

     (a) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (rule for the West Virginia Board of Dental Examiners, 5 CSR 1 ), is authorized.

     (b) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section one thousand three hundred four, article thirteen, chapter thirty-one-b of this code, relating to the Board of Dental Examiners (formation and approval of professional limited liability companies, 5 CSR 2 ), is authorized.

     (c) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 22, 2013, relating to the Board of Dental Examiners (fees established by the Board, 5 CSR 3 ), is authorized, with the following amendment:

     On page 1, subsection 2.4, by striking out said subsection 2.4 in its entirety and re-designating the remaining subsections accordingly.

     (d) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (formation and approval of dental corporations; and dental practice ownership, 5 CSR 6 ), is authorized.

     (e) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, thirty of this code, relating to the Board of Dental Examiners (dental advertising, 5 CSR 8 ), is authorized.

     (f) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section five-a, article nine, chapter sixty-a of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 31, 2013, relating to the Board of Dental Examiners (practitioner requirements for accessing the West Virginia controlled substances monitoring program database, 5 CSR 10 ), is authorized.

     (g) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (continuing education requirements, 5 CSR 11 ), is authorized.

     (h) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (administration of anesthesia by dentists, 5 CSR 12 ), is authorized.

     (i) The legislative rule filed in the State Register on July 22, 2013, authorized under the authority of section six, article four, chapter thirty of this code, relating to the Board of Dental Examiners (expanded duties of dental hygienists and dental assistants, 5 CSR 13 ), is authorized.

     (j) The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article four, chapter thirty of this code, modified by the Board of Dental Examiners to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 22, 2013, relating to the Board of Dental Examiners (mobile dental facilities and portable dental units, 5 CSR 14 ), is authorized, with the following amendments:

     On page 1, subsection 2.2, after the words "American Dental Association" by striking out the words "beginning not later than one year of age";

     On page 1, subsection 2.4, after the words "to employ" by inserting the words "or contract with";

     On page 2, subsection 4.4, subdivision (a), after the words "telephone number of each" by striking out the words "dentist or dental hygienist" and inserting in lieu thereof the words "dentist, dental hygienist or operator";

     On page 3, subsection 4.4, subdivision (g), after the words "statement that the applicant" by striking out the word "posses" and inserting in lieu thereof the word "possesses"; and

     On page 7, subsection 8.3, after the words "written report for the" by striking out the word "proceeding" and inserting in lieu thereof the word "preceding".

WVC 64 - 9 - 12 §64-9-12. State Board of Examiners for Licensed Practical     Nurses.

     (a) The legislative rule filed in the State Register on April 29, 2013, authorized under the authority of section six, article seven-a, chapter thirty of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on October 1, 2013, relating to the State Board of Examiners for Licensed Practical Nurses (policies regulating licensure of the licensed practical nurse, 10 CSR 2 ), is authorized, with the following amendment:

     On page 1, subdivision 2.1.c., after the citation "10 CSR 1" by striking out the words "or a board approved program from another US jurisdiction' and inserting in lieu thereof the words "program approved by a board that licenses Licensed Practical Nurses in another state or US territory.".

     (b) The legislative rule filed in the State Register on April 29, 2013, authorized under the authority of section seven, article seven-a, chapter thirty of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on July 26, 2013, relating to the State Board of Examiners for Licensed Practical Nurses (fees for services rendered by the Board and supplemental renewal fee for the Center for Nursing, 10 CSR 4 ), is authorized.

     (c) The legislative rule filed in the State Register on April 29, 2013, authorized under the authority of section five, article seven-a, chapter thirty of this code, modified by the State Board of Examiners for Licensed Practical Nurses to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on September 4, 2013, relating to the State Board of Examiners for Licensed Practical Nurses (continuing competence, 10 CSR 6 ), is authorized.

WVC 64 - 9 - 13 §64-9-13. Board of Pharmacy.

     (a) The legislative rule filed in the State Register on October 18, 2013, authorized under the authority of section seven, 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 December 20, 2013, relating to the Board of Pharmacy (continuing education for licensure of pharmacists, 15 CSR 3 ), is authorized, with the following amendment:

     On page 2, subsection 2.9, after the words "National Association of Boards of Pharmacy" by adding the words "(NABP) and".

     (b) The legislative rule filed in the State Register on October 18, 2013, authorized under the authority of section six, article nine, chapter sixty-a 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 December 20, 2013, relating to the Board of Pharmacy (controlled substances monitoring, 15 CSR 8 ), is authorized.

WVC 64 - 9 - 14 §64-9-14. Sanitarians.

     The legislative rule filed in the State Register on July 24, 2013, authorized under the authority of section six, article seventeen, chapter thirty of this code, relating to the Board of Board of Sanitarians (practice of public health sanitation, 20 CSR 4 ), is authorized.

WVC 64 - 9 - 15 §64-9-15. Board of Professional Surveyors.

     The legislative rule filed in the State Register on July 23, 2013, authorized under the authority of section six, article thirteen-a, chapter thirty of this code, relating to the Board of Professional Surveyors (examination and licensing of professional surveyors in West Virginia, 23 CSR 1 ), is authorized.

WVC 64 - 9 - 16 §64-9-16. Board of Veterinary Medicine.

     (a) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, 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 November 5, 2013, relating to the Board of Veterinary Medicine (registration of veterinary technicians, 26 CSR 3 ), is authorized.

     (b) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, article ten, chapter thirty of this code, relating to the Board of Veterinary Medicine (certified animal euthanasia technicians, 26 CSR 5 ), is authorized.

     (c) The legislative rule filed in the State Register on July 26, 2013, authorized under the authority of section six, 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 November 5, 2013, relating to the Board of Veterinary Medicine (schedule of fees, 26 CSR 6 ), is authorized.

WVC 64 - 9 - 17 §64-9-17. Infrastructure and Jobs Development Council.

     The legislative rule filed in the State Register on July 9, 2013, authorized under the authority of section four, article fifteen-a, chapter thirty-one of this code, modified by the Infrastructure and Jobs Development Council to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on July 29, 2013, relating to the Infrastructure and Jobs Development Council (Infrastructure and Jobs Development Council, 167 CSR 1 ), is authorized.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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