W. Va. Code R. § 28-1-3 - Definitions

3.1. "Act" means the West Virginia Contractor Licensing Act, W. Va. Code § 30-42-1 et seq.

3.2. "Board" means the West Virginia Contractor Licensing Board and its authorized representatives.

3.3. "Business entity" or "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.

3.4. "Cease and desist order" means an order issued by the Board pursuant to the provisions of the Act and 28 CSR 2 to an unlicensed person who performs work for which a license is required or to a licensee who performs work outside of the license's classifications.

3.5. "Chair" means the individual elected by the Board to be its President.

3.6. "Classification" or "class" means a contractor's scope of work as defined in the Act and 28 CSR 2 and includes any work incidental to the work being performed.

3.7. "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.

3.8. "Contested case hearing" means an administrative evidentiary hearing before the Board in which a licensee's rights, interests, privileges, or obligations are determined in accordance with W. Va. Code § 29A-5-1 et seq.

3.9. "Days" means business days unless otherwise stated.

3.10. "Disciplinary hearing" or "hearing" means a proceeding in which the Board considers a person's alleged conduct, as set forth in W. Va. Code § 30-42-14 or § 30-42-15(g), and, based upon findings of fact and conclusions of law, for which the Board may impose a penalty permitted by W. Va. Code § 30-42-14(a) or disciplinary action permitted by W. Va. Code § 30-42-15(a).

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. "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.

3.13. "Hearing examiner" means an individual or attorney at law appointed by the Board to conduct a disciplinary or contested case hearing.

3.14. "Immediate family" means a person's parents, spouse, sibling, child or guardian, or their spouses.

3.15. "License" means a license to engage in business in this state as a contractor in one of the classifications set out in the Act or 28 CSR 2.

3.16. "Licensee" means the person to whom a license is issued.

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 28 CSR 2.

3.19. "Open Governmental Proceedings Act" means and includes the provisions of W. Va. Code § 6-9A-1 et seq.

3.20. "Regular meeting" means a general meeting held by the Board at least once annually, or more frequently as needed, 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 a person or entity performing contracting work for which a license is required but who does not possess a valid license.

3.23. "Valid license" means a current license issued by the Board to a person or entity to perform specified contracting work in this state as set forth in the Act and 28 CSR 2.

3.24. "Vice-Chair" means the individual elected by the Board to be its Secretary.

Notes

W. Va. Code R. § 28-1-3