Current through Register Vol. XLI, No. 50, December 13, 2024
3.1. Examination required. -- After the effective date of this rule, the Commissioner shall issue a license only those persons who have satisfactorily passed an examination and who have otherwise met and complied with the requirements of this rule and W. Va. Code §§ 21-5-5a, - 5b, - 5c and - 5c.3.2. Form of request. -- An individual applying to be examined for an examiner's license under the provisions of this rule shall as a condition precedent to the examination furnish the Commissioner of Labor with the following: (a) A completed application in writing on forms provided by the Commissioner, and containing the information required by the Commissioner to determine the eligibility of the applicant.(b) A copy of the applicant's birth certificate and a recent photograph.(c) A nonrefundable fee of one hundred dollars ($100).(d) To qualify for a Class I license, satisfactory evidence that the applicant holds a baccalaureate degree and has graduated from a school of polygraphy accredited by the American Polygraph Association.(e) To qualify for a Class II license, satisfactory evidence that the applicant holds an associate degree and has graduated from a school of polygraph accredited by the American Polygraph Association.(f) Satisfactory evidence that the applicant has completed an approved internship program.(g) Satisfactory indication that the applicant subscribes to the code of ethics and standards and principles of practice of the American Polygraph Association.3.3. Time of request. -- Applications must comply with the requirements of Subsection 3.2 and must be submitted no later than ten (10) working days in advance of the next regularly scheduled examination in order for the applicant to receive authorization to be examined.3.4. Authorization for examination. -- Applicants complying with Subsections 3.2 of this section and 3.3 of this section will be issued a written authorization by the commissioner acknowledging receipt of the license application fee and setting forth the time and place of the examination. The authorization also serves as evidence to the person conducting the examination that the holder is properly authorized to be examined. Applicants to be examined may be required to present further evidence of personal identification as a condition precedent to examination.3.5. Scheduling of examination. -- The Commissioner shall prepare and offer the examination at least four (4) times each fiscal year. However, the commissioner shall not schedule an examination in any quarter in which no person has made application satisfying the requirements of Subsection 3.4. The Commissioner may schedule the examination at any additional times he or she considers necessary.3.6. Passing grade required. -- An applicant must obtain a minimum score of seventy percent (70%) on the examination to permit the Commissioner to issue a license.3.7. Expiration and renewal. -- The license expires on the thirtieth day of June following its issuance or renewal. The Commissioner shall reissue annually the license of any licensed examiner who qualifies and makes application for a license. A renewal fee of one hundred dollars ($100) is required for renewal. It is the individual responsibility of every license holder to contact the Commissioner and make specific request for license renewal. Licenses are not automatically renewed.3.8. Reexamination after expiration. -- Any license not renewed in accordance with the provisions of Subsection 3.7 of this section is expired. Any expired license may be renewed without examination upon proper request to the Commissioner in the manner described in Subsection 3.7 of this section: Provided, That after September 30 from the date of expiration, no expired license will be renewed until the applicant has been reexamined in accordance with this rule.3.9. Reexamination upon failure. -- Any applicant who fails the license examination may take the test again at the next regularly scheduled time: Provided, that after the second examination the applicant shall pay an examination fee of fifty dollars ($50.00) to cover the costs for each attempt to pass the examination: Provided however, That any applicant requesting to take the examination at a time other than that time regularly scheduled by the Commissioner shall pay a separate fee of fifty dollars ($50.00). 3.10. Denial, suspension or revocation of license. -- The Commissioner may deny, suspend or revoke any license on any one or more of the following grounds: (a) A material misstatement in the application for a license or in the application for the renewal of a license.(b) A violation of, or aiding or abetting another in the violation of W. Va. Code §§ 21-5-5a, - 5b, - 5c, and - 5d or any rule issued pursuant thereto.(c) The licensee has been found guilty of the commission of a felony or a misdemeanor involving moral turpitude.(d) The licensee has made any willful misrepresentation or false promises or has caused to be printed any false or misleading information for the purpose of directly or indirectly obtaining business or interns.(e) The licensee has demonstrated unworthiness or incompetency to act as an examiner.(f) The licensee has allowed his or her license to be used by an unlicensed person.(g) The licensee has failed, within a reasonable time, to provide information requested by the Commissioner as a result of a formal or informal complaint to the Commissioner, which would indicate a violation of this article .