W. Va. Code R. § 42-3-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-3-11 - Inspector Qualifications; Issuance of a Certificate of Competency; Annual Renewal; Revocation of a Certificate of Competency

11.1. No person may serve as an inspector unless he or she holds a certificate of competency issued by the Commissioner.

11.2. The inspector shall provide a copy of his or her current National Board Commission card to the Division.

11.3. An inspector shall renew his or her certificate of competency annually and provide a copy of his or her most recent National Board Commission card.

11.4. The Commissioner may revoke a certificate of competency for the following reasons:

11.4.a. the falsification of any report of any inspection;

11.4.b. the failure to renew his or her National Board Commission;

11.4.c. the revocation of his or her National Board Commission; or

11.4.d. other good cause concerning the inspector's competence or credibility.

11.5. The Commissioner shall notify the inspector in writing by email, by certified mail, return receipt requested, or by personal service concerning the effective date of the revocation of his or her certificate of competency, including the reasons for the revocation, and his or her right to appeal the revocation.

11.6. An inspector whose certificate of competency has been revoked may file a written appeal to the Commissioner within 15 days of receipt of the notice of revocation.

11.7. Upon receipt of an appeal filed by an inspector, the Commissioner may conduct the appeal hearing himself or herself or may designate or appoint a Division employee or a hearing examiner to conduct an appeal hearing.

11.8. The Commissioner shall cause a written Notice of Hearing to be served on the inspector by email, by certified mail, return receipt requested, or by personal service, at least 10 days prior to the date of the hearing. The Notice of Hearing shall include the following:

11.8.a. The date, time and location of the hearing;

11.8.b. A short and plain statement regarding the reasons for the revocation;

11.8.c. The right of the inspector to be represented by an attorney at law licensed to practice in WV, at his or her own expense; and

11.8.d. The right to present evidence, and to examine and cross-examine witnesses.

11.9. The Commissioner shall cause the hearing to be recorded by electronic or other means so as to preserve the witnesses' testimony.

11.10. At the conclusion of the hearing, the Commissioner shall consider the testimony and evidence introduced at the hearing.

11.11. The Commissioner shall notify the inspector in writing within 15 days of the conclusion of the appeal hearing concerning his or her decision on the appeal of the revocation, to be served by email by certified mail, return receipt requested, or by personal service, and shall notify the inspector regarding any appeal rights he or she may have concerning the Commissioner's decision.

W. Va. Code R. § 42-3-11