The provisions of this article apply to all professions requiring an occupational license or other authorization to practice or perform a specific occupation in this state regulated by this chapter. This article may be known and cited as the “RECAP Act.”
The board may charge a fee to the person to recoup its costs. The fee may not exceed the cost of an application for original licensure charged by the board. Any application for renewing a license after obtaining a license under this article shall comply with the boards established renewal procedures and fee schedule.
This article preempts laws by township, municipal, county, and other governments in the state which regulate occupational licenses and other authorization to practice.
Boards affected by these provisions may promulgate rules pursuant to 29A-3-1 et seq. of this code to carry out the provisions of this article.
The words defined in this section have the meanings given them for purposes of this article unless the context clearly requires otherwise. “Board” means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or other authorization to practice to an individual. “Lawful occupation” means a […]
(a) Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application, if all the following apply: (1) The person holds a valid occupational license or other authorization to practice in another state in a lawful occupation with a similar scope of practice and with […]
Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application based on work experience in another state, if all the following apply: (1) The person worked in a state that does not use an occupational license or other authorization to practice that regulates a […]
A board may require a person to pass a jurisprudential examination specific to relevant West Virginia laws that regulate the occupation if an occupational license or other authorization to practice in this state requires a person to pass such examination for original licensure.
The board will provide the person with a written decision issuing or denying a license within 60 days after receiving a complete application.
(a) The person may appeal the boards decision to a court of general jurisdiction in the county where the person resides. (b) The person may appeal the boards: (1) Denial of an occupational license or other authorization to practice;
A person who obtains an occupational license or other authorization to practice pursuant to this article is subject to: (1) The laws regulating the occupation in this state; and
(a) An occupational license or other authorization to practice issued pursuant to this article is valid only in West Virginia. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in law. (b) Nothing in this article prevents West Virginia from entering into […]
