Current through Register Vol. XLI, No. 50, December 13, 2024
Section 7-1-4 - Board Actions on Applications4.1. The Board shall take action on all submitted applications. 4.1.a. The application must be complete as set forth in § 7-1-3.4 of these rules before the Board considers the application.4.1.b. The Board may approve, defer, or deny an application. 4.1.b.1. Approval. When an application is approved by the Board, it indicates that the applicant has met all the requirements for registration or certification required by the statutes of this state, and the Board shall grant the applicant a registration or certification. The Board shall notify the applicant of the approval.4.1.b.2. Deferral. When an application is deferred by the Board, it indicates that the applicant must take further steps to meet the requirements for registration or certification required by the statutes of this state, and the Board shall retain the deferred application until the applicant submits the additional information required by the Board. The Board shall notify the applicant of the deficiencies.4.1.b.3. Denial. When an application is denied by the Board, it indicates that the applicant has not met the requirements for registration or certification required by the statutes of this state, and the Board shall retain the denied application for one year and then may dispose of it. The Board shall notify the applicant of the denial.4.2. The Board may defer or deny any application of an applicant who has not provided or withheld information, provided statements that are untrue or misrepresented the facts.4.3. Reconsideration of Applications. An applicant may request that the Board reconsider an application that has been denied when the request is based on additional information and/or evidence that could affect the original decision. An applicant shall make the request for reconsideration within one year after the decision was made to deny the original application.4.4. Consideration of Criminal Records. 4.4.a. Notwithstanding other provisions of this rule, the Board may not disqualify an applicant from initial licensure as outlined in W.Va. Code § 30-1-1 et seq. Specifically, the Board may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the practice of engineering. In determining whether a criminal conviction bears a rational nexus to the practice of engineering, the Board shall consider at a minimum: 4.4.a.1. The nature and seriousness of the crime for which the individual was convicted;4.4.a.2. The passage of time since the commission of the crime;4.4.a.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a licensed engineer; and4.4.a.4. Any evidence of rehabilitation or treatment undertaken by the individual.4.4.b. Notwithstanding any other provision of W.Va. Code § 30-1-1 et seq. to the contrary, if an applicant has been denied licensure because of a prior criminal conviction, the Board shall permit the applicant to apply for initial licensure if: 4.4.b.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;4.4.b.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and4.4.b.3. The conviction was not for an offense of a violent or sexual nature: Provided, that a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the Board on a case by case basis.4.4.c. Petition for licensure eligibility determination. An individual with a criminal record who has not previously applied for licensure may petition to the Board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. The petition shall be submitted on the 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. 4.4.c.1. An individual may include with the petition evidence of rehabilitation, letters of reference, and any other information the applicant deems relevant.4.4.c.2. The Board shall provide the determination within 60 days of receiving the petition.