Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-3-12 - Special Inspector Application for a Certificate of Competency; Issuance of a Certificate of Competency; Fees; Annual Renewal; Revocation of a Certificate of Competency12.1. No person may serve as a special inspector unless he or she holds a certificate of competency issued by the Division. 12.2. A person desiring to obtain a certificate of competency from the Division shall submit a written application on a form furnished by the Division, accompanied by a $35 fee. 12.3. The applicant shall provide all information specified on the application form, and any failure to provide the required information shall cause the application to be rejected. 12.4. The applicant shall provide a copy of his or her current National Board Commission card with the application. 12.5. A special inspector shall renew his or her application for a certificate of competency annually, accompanied by a $35 fee and his or her most recent National Board Commission card. 12.6. A Certificate of Competency may be revoked by the Commissioner for the following reasons: 12.6.a. the falsification of any report of any inspection; 12.6.b. the failure to renew his or her National Board Commission; 12.6.c. the revocation of his or her National Board Commission; or 12.6.d. other good cause concerning the inspector's or special inspector's competence or credibility. 12.7. The Commissioner shall notify the special 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. 12.8. A special inspector whose certificate of competency has been revoked may file a written appeal to Commissioner within 15 days of receipt of the notice of revocation. 12.9. Upon receipt of an appeal filed by a special 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. 12.10. The Commissioner shall cause a written Notice of Hearing to be served on the special 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: 12.10.a. The date, time and location of the hearing; 12.10.b. A short and plain statement regarding the reasons for the revocation; 12.10.c. The right of the special inspector to be represented by an attorney at law licensed to practice in WV, at his or her own expense; and12.10.d. The right to present evidence, and to examine and cross-examine witnesses.12.11. The Commissioner shall cause the hearing to be recorded by electronic or other means so as to preserve the witnesses' testimony. 12.12. At the conclusion of the hearing, the Commissioner shall consider the testimony and evidence introduced at the hearing. 12.13. The Commissioner shall notify the special 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 special inspector regarding any appeal rights he or she may have concerning the Commissioner's decision.