Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-18-3 - Definitions3.1. "Act" means the West Virginia Manufactured Housing Construction and Safety Standards Act, W. Va. Code § 21-9-1et seq.3.2. "Board" means the West Virginia Board of Manufactured Housing Construction and Safety and its authorized representatives.3.3. "Cease and desist order" means an order issued by the Board or the Division of Labor pursuant to the provisions of the Act and 42 CSR 19 to an unlicensed person or entity who performs work for which a license is required or to a licensee who performs work outside of the license's classifications.3.4. "Chair" means the Commissioner of the West Virginia Division of Labor who presides over Board meetings pursuant to W. Va. Code § 21-9-3(a). If the Commissioner is unable to attend a Board meeting or must recuse himself or herself from presiding over a Board meeting, or any part of a Board meeting, the Deputy Commissioner of the Division shall serve as the Chair in the Commissioner's absence or recusal.3.5. "Commissioner" means the Commissioner of the West Virginia Division of Labor and his or her authorized representatives.3.6. Conflict of interest" means a circumstance or matter in which a Board member's personal or business interests may influence, or give the appearance of influencing, his or her responsibilities as a Board member to act with impartiality.3.7. "Contested case hearing" means an administrative evidentiary hearing before the Board in which a specific party's rights, interests, privileges, or obligations are determined in accordance with W. Va. Code § 29A-5-1et seq.3.8. "Days" means business days unless otherwise stated.3.9. "Disciplinary hearing" or "hearing" means a proceeding in which the Board considers a person's alleged conduct, as set forth in W. Va. Code § 21-9-12, §21-9-12a, or W. Va. Code St. R. §42-19-14.1, and based upon findings of fact and conclusions of law, for which the Board may impose a penalty permitted by W. Va. Code § 21-9-12 or §21-9-12a or disciplinary action permitted by W. Va. Code St. R. §42-19-14.2.3.10. "Division" means the West Virginia Division of Labor and its authorized representatives.3.11. "Emergency meeting" means a meeting convened by the Board for the limited purpose of addressing an unexpected event, circumstance, or situation that requires immediate attention because it poses an imminent threat to public health or safety, an imminent threat of damage to public or private property, or an imminent threat of material financial loss or other imminent substantial harm to a public agency, its employees, or the members of the public which it serves.3.12. "Entity" means a corporation, general partnership, limited liability company, limited liability partnership, limited partnership, sole proprietorship, or any other form of business organization permitted by law.3.13. "Executive session" means a Board meeting, or part of a Board meeting, that is closed to the public and is held in accordance with the provisions of the Open Governmental Proceedings Act, W. Va. Code § 6-9A-4.3.14. "Hearing examiner" means an individual or attorney at law appointed by the Board to conduct a disciplinary or contested case hearing.3.15. "Immediate family" means a person's parents, spouse, sibling, child or guardian, or their spouses.3.16. "Licensee" means an individual or entity that has been issued a valid license to engage in manufactured housing activities in this state as a manufacturer, dealer, distributor, or contractor pursuant to the provisions of the Act and 42 CSR 19.3.17. "Meeting" means the convening of the Board for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter which results in an official Board action.3.18. "Official action" means an action taken by the Board pursuant to its authority in the Act, this rule, or 42 CSR 19.3.19. "Open Governmental Proceedings Act" means and includes the provisions of W. Va. Code § 6-9A-1et seq.3.20. "Regular meeting" means a meeting held by the Board at least once, or more frequently as needed, during each calendar quarter to consider all matters that may properly come before the Board, to conduct its business, and to attend to its responsibilities as set forth in the Act.3.21. "Special meeting" means a meeting convened by the Board for the consideration of only those matters designated by a Board member or members requesting the meeting, unless the agenda is otherwise changed by a majority vote of the Board.3.22. "Unlicensed person" means an individual or entity engaging in manufactured housing activities for which a license is required without a valid license.3.23. "Valid license" means a current license issued by the Board to an individual or entity to engage in specified manufactured housing activities in this state as a manufacturer, dealer, distributor, or contractor pursuant to the provisions of the Act and 42 CSR 19.