Current through Register Vol. XLI, No. 50, December 13, 2024
Section 23-1-3 - Application and Qualification for Licensure or Certification3.1. Applications Generally. 3.1.a. Each application shall be accompanied by an application fee and examination fee determined by the Board as set forth in 23CSR4 et seq.3.1.b. Any applicant is required to notify the Board within thirty (30) days of any change in name, address, employment, or other relevant information.3.1.c. In support of an applicant's experience verification, the Board may require designated records and documentation of surveys made by the applicant.3.1.d. The Board deems that statements provided as references for an applicant, personal data, and other such information are personal in nature and public disclosure of those statements would constitute an unreasonable invasion of privacy and, therefore, shall be exempt from disclosure under W. Va. Code § 29B-1-4 et seq.3.1.e. The application and associated documents shall be kept as a permanent record, except for any survey documents submitted with the application that justify the applicant's experience which shall be kept for a maximum of six (6) years.3.1.f. An applicant may request reconsideration of an application which has been denied when the request is based upon additional information or evidence which could affect the original decision. A request for reconsideration or hearing must be made within fifteen (15) days after the applicant receives notice of the denial of application for licensure.3.1.g. The Board has the discretion to make exceptions for any applicant who is serving on active duty in the Armed Forces of the United States or who is experiencing physical disability, illness, or other extenuating circumstances.3.1.h. Low-Income individuals, as defined in this rule, may seek a waiver of the initial application fee for licensure and must request in a format prescribed by the board.3.1.i. Military families, as defined in this rule, may seek a waiver of the initial application fee for licensure and must request in a format prescribed by the board.3.2. Applications. 3.2.a. All applications and related documentation shall be submitted to the Board on forms prescribed by the Board.3.3. Education and Experience Reporting.3.3.a. An applicant shall clearly and concisely document his or her survey related education and experience history and list separately the years of education, technical experience and responsible charge experience with the number of allotted years clearly shown.3.3.b. The applicant shall document a minimum of two (2) years experience in responsible charge of survey related work in order to qualify for examination.3.3.c. The final determination for allotted years for each category shall rest entirely with the Board.3.4. Military Education and Experience.3.4.a. In order to meet the education requirement of W. Va. Code § 30-13A-1 et seq., military veterans should submit their DD 214 and transcript from the American Council of Education (ACE), which provides a listing of acceptable college credits, based upon the individuals Military Occupational Speciality (MOS), military training, and length of service, to a college or university that will award military credit.3.4.b. Veterans who meet the education requirement of W. Va. Code § 30-13A-1 et seq. for licensure, may submit their DD 214 with their application for Board consideration of applicable surveying experience. The Board may award experience comenserate with the veterans rank and years of service, and deteremine which experience is creditable towards meeting the responsible charge and technician level requirement in accordance with paragraph 3.3.a of this rule.3.4.c. Veterans who were members of the Selected Reserves of the Armed Forces of the United States may also apply under the provisions of paragraphs 3.4.1.a. and 3.4.1.b. above and submit their DD 214 and/or Report of Separation/Record of Service from the Selected Reserve for awarding of educational and experience consideration.3.5. Application for PS Examination. 3.5.a. An applicant shall first apply for and pass the FS examination before making application for the next level of examinations.3.5.b. An applicant shall be an SI in good standing at the time of application.3.5.c. An applicant shall meet all of the education or experience requirements as set forth in W. Va. Code § 30-13A-1 et seq. and be approved by the Board prior to sitting for the next level of examinations.3.6. Comity Applicants. 3.6.a. The Board shall honor the acts of licensing, certification or registration of surveyors by licensing agencies in other jurisdictions, and shall license those applicants upon proper application and payment of fees and upon verification(s) from all jurisdiction(s) in which the applicant has been licensed, which are substantially equivalent to those prescribed by W. Va. Code § 30-13A-1 et seq. and by rule of the Board, and the other jurisdiction reciprocates the same privileges to applicants who are licensed in West Virginia.3.6.b. When considering a comity applicant, the board shall take into consideration when its licensure qualifications changed and consider the application within that context when reviewing that application for approval.3.6.b.1. The board shall require a comity applicant, licensed after 2004, to obtain the education requirements as stated in W.Va. Code § 30-13A-1 et seq. for that applicant's qualifications to be considered substantially equivalent.3.6.c. Notwithstanding the provisions of subdivision 3.6.a. of this rule, an individual licensed as a professional surveyor in a jurisdiction other than West Virginia shall apply for and pass the WV examination as a condition precedent to obtaining a license to engage in the practice of surveying in this state.3.7. Criminal History. 3.7.a. The Board may not disqualify an applicant from initial licensure because of a prior criminal conviction unless that conviction bears a rational nexus to the practice of professional surveying. In determining whether a criminal conviction bears a rational nexus to the practice of professional surveying, the Board shall consider, at a minimum: The nature and seriousness of the crime; The passage of time since the commission of the crime; The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities attendant to the practice of professional surveying; and any evidence of rehabilitation or treatment undertaken by the applicant.3.8. Petition to Determine Licensure Eligibility.3.8.a. An individual with a criminal record who has not previously applied for licensure may petition the Board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license.3.8.b. The petition shall be submitted on an application form prescribed by the Board and shall include sufficient details about the individual's criminal record to enable the Board to identify the jurisdiction where the conviction occurred, the date of the conviction and the specific nature of the conviction.3.8.c. The applicant may submit with the petition evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant to show fitness and the ability to practice professional surveying.3.8.d. The Board shall provide the determination within 60 days of receiving the petition