W. Va. Code R. § 2-1-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 2-1-8 - Registration
8.1. Issuance -- When the Board has determined that an applicant for registration has satisfied the registration standards set forth in this rule, the Board shall issue a certificate of registration containing the registered applicant's name and registration number.
8.2. Duration -- Each registration issued by the Board is valid for one (1) fiscal year. Active registration may be verified electronically on the Board's web site.
8.3. Renewal. -- A registered architect may renew his or her registration in accordance with W. Va. Code § 30-12-5. An application shall be available electronically or by mail upon request by registrant.
8.4. Continuing Education -- In addition to all other requirements for registration renewal, a registered architect must complete the required Continuing Education each calendar year, or be exempt from these requirements as provided below. For renewals starting in a fiscal year, the Continuing Education Hours from the previous calendar year shall apply. Failure to comply with these requirements will result in non-renewal of the architect's registration.
8.4.1. Continuing Education Requirements. -- A registered architect shall acquire twelve (12) Continuing Education Hours for each calendar year since his or her last renewal or initial registration, as the case may be, or be exempt from these continuing education requirements, as provided in this subsection. All twelve Continuing Education Hours shall be obtained in Health, Safety, and Welfare Subjects acquired in Structured Educational Activities. Each registrant shall be responsible for maintaining their own record of completed Continuing Education Hours for a minimum of the previous two calendar years.
8.4.2. A registered architect may not carry over Continuing Education Hours acquired for any calendar year to a subsequent calendar year. The registered architect may acquire the Continuing Education Hours within any jurisdiction.
8.4.3. Audit Reporting and Record Keeping. -- The Board shall verify compliance with Continuing Education requirements by auditing five percent of registrants, selected randomly by the Board. A registrant that has been selected for audit shall complete and submit on forms prescribed or accepted by the Board certifying that he or she has acquired the required Continuing Education Hours. The information provided on these forms shall be audited by the Board for verification of compliance with the requirements. If the registered architect is deficient in meeting the required Continuing Education Hours, or if the Board disallows any Continuing Education Hours claimed in good faith, the architect has sixty calendar days from notice of the non-compliance to provide evidence of completion of Continuing Education Hours equal to the deficiency or disallowance. If the architect remedies the non-compliance by acquiring and reporting new Continuing Education Hours, those hours may not also be used to satisfy the requirement for the next reporting period. If the Board finds, after proper notice and hearing, that the architect willfully disregarded these requirements or falsified documentation of required Continuing Education Hours, the architect may be subject to disciplinary action.
8.4.4. -- The Board shall follow W.Va. Code § 30-1B-1 et seq. and other laws regarding continuing education for licensees on active duty U.S. Military and their spouses to the extent applicable and appropriate.
8.4.5. Exemptions. An architect is not subject to the requirements of subdivision 8.4.1, 8.4.2 and 8.4.3 of this subsection if:
8.4.5.a. -- The architect has been granted inactive or Emeritus status by the Board and is not engaged in the practice of architecture; or
8.4.5.b. -- The architect otherwise meets all renewal requirements and is called to active United States military service for a significant period of time, is ill or disabled for a significant period of time or can demonstrate to the Board another similar hardship; or
8.4.5.c. -- The architect otherwise meets all renewal requirements and is registered in any other state or territory of the United States which has continuing professional development requirements, which the architect has met: Provided, that the other jurisdiction accepts satisfaction of West Virginia's continuing professional development requirements as meeting its own.
8.5. Not Transferable. -- A registration is not transferable.
8.6. Denial, Revocation, Suspension, Cancellation or Non-Renewal of Registration. -- In the event of the denial, revocation, cancellation, suspension or non-renewal of any certificate of registration, the registered architect shall immediately discontinue the Practice of Architecture in this jurisdiction and return his or her certificate of registration to the Board. The applicant or licensee may appeal the Board's decision. The Board shall conduct an appeal pursuant to W.Va. Code §§ 30-12-8, 30-12-9 and 30-1-8.
8.7. Renewal. -- The terms of renewal of a registration shall be in accordance with the Boards rule, Fees, W. Va. Code § 30-12-5, and the applicable portions of W. Va. Code § 30-12-9.
8.7.1. The Board shall issue notices for renewal of registration to all active registrants not later than the first day of June of each year.
8.7.2. The maximum period of inactive status for which a registration may be renewed is sixmonths from the renewal date, after which time the inactive registrant may seek reinstatement of their registration.
8.8. Reinstatement. -- The terms of reinstatement of a registration shall be in accordance with the Boards rule, Fees, W. Va. Code § 30-12-5, and the applicable portions of W. Va. Code § 30-12-9. The maximum period of inactive status for which a registration may be reinstated is five years after the renewal date, after which time the inactive registrant may seek a new registration in accordance with sections 4 through 8 of this rule.
8.9. Practice prohibition. -- An architect who does not renew his or her registration is placed on inactive status and may not practice architecture in the state of West Virginia.
8.10. Emeritus Status -- Registrants who are retired from the active practice of architecture and who are 65 years of age or older may request emeritus status by filing the application showing compliance with this section. A registrant that has been granted emeritus status may use the title "Architect" but may not practice architecture as defined in § 30-12-2(5). Emeritus status licensees are exempt from continuing education requirements. Additionally, the Board may grant a registrant who has become incapacitated emeritus status regardless of age.
8.10.1. Emeritus status registrants may be reinstated to the active practice upon proper application and completion of twelve (12) Continuing Education Hours in accordance with subdivisions 8.4.1 and 8.4.2 of this rule within the 12 months prior to application for reinstatement.
8.10.2. Fees required -- An Emeritus licensee seeking reinstatement to active practice shall pay a fee equal to the annual renewal fee.

W. Va. Code R. § 2-1-8