State Codes and Statutes

Statutes > West-virginia > 30 > 30-13a-29

§30-13A-29. Refusal to issue or renew, suspension or revocation;

disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any licensee, endorsee, certificate holder or certificate of authorization holder, or practice privilege of a licensee, endorsee, certificate holder or certificate of authorization holder, and may take disciplinary action against a licensee, endorsee, certificate holder or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:

(1) Fraud or deceit in obtaining or maintaining a license, endorsement, certificate or certificate of authorization;

(2) Failure by any licensee, endorsee, certificate holder or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, endorsement, certificate or certificate of authorization;

(3) Dishonesty, fraud, professional negligence in the performance of land surveying or underground surveying services, or a willful departure from the accepted standards of surveying and the professional conduct of surveyors;

(4) Violation of any provision of this article, any rule promulgated hereunder, any professional standard or rule of professional conduct;

(5) Failure to comply with the provisions of this article, any rule promulgated hereunder or any order or final decision of the board;

(6) Failure to respond to a request or action of the board;

(7) Has been convicted of a crime involving moral turpitude;

(8) Conviction of a felony or a crime involving dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state, if the underlying act or omission involved would have constituted a crime under the laws of this state;

(9) Any conduct adversely affecting the licensee's, endorsee's, certificate holder's or certificate of authorization holder's fitness to perform surveying or underground surveying services; or

(10) Knowingly using any false or deceptive statements in advertising.

(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, endorsement, certificate, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, endorsement, certificate or certificate of authorization is ordered suspended or revoked, then the licensee, endorsee, certificate holder or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, endorsement, certificate or certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.

(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.

State Codes and Statutes

Statutes > West-virginia > 30 > 30-13a-29

§30-13A-29. Refusal to issue or renew, suspension or revocation;

disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any licensee, endorsee, certificate holder or certificate of authorization holder, or practice privilege of a licensee, endorsee, certificate holder or certificate of authorization holder, and may take disciplinary action against a licensee, endorsee, certificate holder or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:

(1) Fraud or deceit in obtaining or maintaining a license, endorsement, certificate or certificate of authorization;

(2) Failure by any licensee, endorsee, certificate holder or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, endorsement, certificate or certificate of authorization;

(3) Dishonesty, fraud, professional negligence in the performance of land surveying or underground surveying services, or a willful departure from the accepted standards of surveying and the professional conduct of surveyors;

(4) Violation of any provision of this article, any rule promulgated hereunder, any professional standard or rule of professional conduct;

(5) Failure to comply with the provisions of this article, any rule promulgated hereunder or any order or final decision of the board;

(6) Failure to respond to a request or action of the board;

(7) Has been convicted of a crime involving moral turpitude;

(8) Conviction of a felony or a crime involving dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state, if the underlying act or omission involved would have constituted a crime under the laws of this state;

(9) Any conduct adversely affecting the licensee's, endorsee's, certificate holder's or certificate of authorization holder's fitness to perform surveying or underground surveying services; or

(10) Knowingly using any false or deceptive statements in advertising.

(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, endorsement, certificate, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, endorsement, certificate or certificate of authorization is ordered suspended or revoked, then the licensee, endorsee, certificate holder or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, endorsement, certificate or certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.

(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.


State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 30 > 30-13a-29

§30-13A-29. Refusal to issue or renew, suspension or revocation;

disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any licensee, endorsee, certificate holder or certificate of authorization holder, or practice privilege of a licensee, endorsee, certificate holder or certificate of authorization holder, and may take disciplinary action against a licensee, endorsee, certificate holder or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:

(1) Fraud or deceit in obtaining or maintaining a license, endorsement, certificate or certificate of authorization;

(2) Failure by any licensee, endorsee, certificate holder or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, endorsement, certificate or certificate of authorization;

(3) Dishonesty, fraud, professional negligence in the performance of land surveying or underground surveying services, or a willful departure from the accepted standards of surveying and the professional conduct of surveyors;

(4) Violation of any provision of this article, any rule promulgated hereunder, any professional standard or rule of professional conduct;

(5) Failure to comply with the provisions of this article, any rule promulgated hereunder or any order or final decision of the board;

(6) Failure to respond to a request or action of the board;

(7) Has been convicted of a crime involving moral turpitude;

(8) Conviction of a felony or a crime involving dishonesty or fraud under the laws of the United States or this state, or conviction of any similar crime under the laws of any other state, if the underlying act or omission involved would have constituted a crime under the laws of this state;

(9) Any conduct adversely affecting the licensee's, endorsee's, certificate holder's or certificate of authorization holder's fitness to perform surveying or underground surveying services; or

(10) Knowingly using any false or deceptive statements in advertising.

(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, endorsement, certificate, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, endorsement, certificate or certificate of authorization is ordered suspended or revoked, then the licensee, endorsee, certificate holder or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, endorsement, certificate or certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.

(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.