Title 20 W. Va. C.S.R.

Sanitarians Sanitarians

Series 01 Rules Of Procedure For Contested Case Hearings And Declaratory Rulings

W. Va. Code R. § 20-1-1 General

1.1. Scope. -- These procedural rules establish the general procedures for conducting contested case hearings and the issuance of declaratory rulings in accordance with section one, article four, chapter twenty-nine-a of the West Virginia Code of 1931, as amended.

1.2. Authority. -- W. Va. Code '29A-4-1, '29A-5-1a and '30-17-1

1.3. Filing Date. -- April 5, 1982

1.4. Effective Date. -- May 6, 1982

W. Va. Code R. § 20-1-2 Application

These procedural rules shall apply to any person affected by any rules, regulations or statutes enforceable by the West Virginia Board of Registration for Sanitarians.

W. Va. Code R. § 20-1-3 Definitions

3.1. "Board" means the West Virginia Board of Registration for Sanitarians.

3.2. "Sanitarian" means a public health professional qualified by education in the arts and sciences, specialized training and credible field experience to assist in the enforcement of public health laws and environmental health and sanitation regulations and to effectively plan, organize, manage, evaluate and execute one (1) or more of the many diverse disciplines comprising the field of public and environmental health.

3.3. "Registered Sanitarian" means a sanitarian registered in accordance with the provisions of section one, article seventeen, chapter thirty, et seq. of the West Virginia Code.

3.4. "Sanitarian-In-Training" means a person who possesses the necessary educational qualifications as prescribed in section one, article seventeen, chapter thirty of the West Virginia Code, et seq. for registration as a professional sanitarian, but who has not completed the experience requirements in the fields of environmental health as required for registration.

3.5. "Certificates of Registration" means a document issued as evidence of registration and qualification to practice as a sanitarian or a sanitarian-in-training and bearing the designation "Registered Sanitarian" or "Sanitarian-In-Training" and showing the name of the person, date of issue, serial number, seal and signatures of the members of the Board hereby authorized to grant such certificates.

W. Va. Code R. § 20-1-4 Hearings

4.1. Demand for hearing; form required. -- Any party who demands a hearing to have determined any constitutional rights, legal rights, duties, interests or privileges of specific parties as required by law shall specify in writing the grounds relied upon as a basis for the relief requested.

4.2. Hearing on written demand. -- When the Board is presented with a demand for a hearing as described in Subsection 4.1 of this Section he shall conduct a hearing with forty-five (45) days of receipt by the Board of such written demand, unless postponed to a later date by mutual agreement. However, if the Board shall determine that the hearing demanded:

(a) Would involve an exercise of authority in excess of that available to the Board under law; or, (b) Would serve no useful purpose, the Board shall, within twenty (20) days of the receipt of such demand, enter an order refusing to grant the hearing as requested, incorporating therein the reason for such refusal. Appeal may be taken from such order as provided in section four, article five, chapter twenty-nine-a of the West Virginia Code of 1931, as amended.

4.3. Notice of hearing. -- Upon the receipt of a demand for a hearing as described in Subsection 4.1 of this Section, the Board shall within twenty (20) days provide the party making such demand with a notice of hearing: Provided, That (assuming the Board has not entered an order denying a hearing as provided in Subsection 4.2 of this Section. Said notice shall contain:

(a) The date, time and place of the hearing;

(b) A statement of the matters asserted; and (c) A statement of intention to appoint a hearing examiner if one (1) is to be appointed pursuant to Section 7 herein; such notice shall be given not less than ten (10) days in advance of the date of the hearing.

4.4. How hearings conducted. -- Hearings shall be conducted as follows:

(a) Any party shall have the right to be represented by an attorney-at-law, duly qualified to practice in the State of West Virginia;

(b) The Board may be represented by the Office of the Attorney General;

(d) When necessary to ascertain facts not reasonably susceptible to proof under said rule of evidence, evidence not admissible thereunder shall be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs;

(e) The Board shall be bound by the rules of privilege recognized by law;

(f) Documentary evidence may be received in the form of copies or excerpts or by incorporation of reference;

(g) Initially the Board shall be given an opportunity to present evidence, including testimony, papers, records, agency staff memoranda and documents in the possession of the Board in support of its position;

(h) Every party shall have the right of cross-examination of witnesses who testify, and following the conclusion of the Board's presentation, shall have the right to submit rebuttal evidence;

(i) The Board shall have the right to cross-examine witnesses providing rebuttal testimony; and (j) Following the presentation of all the evidence, every party, including the Board, shall have the right to offer argument, not to exceed ten (10) minutes for each presentation.

4.5. Continuation and adjournment. -- Hearings may be continued from one (1) day to another or adjourned to a later date or a different place by announcement thereof of the hearing or by appropriate notice to all parties. A written motion for a continuance shall be filed at least five (5) days prior to the hearing date.

W. Va. Code R. § 20-1-5 Transcription Of Reported Testimony And Evidence

5.1. What reported. -- All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

5.2. Request from any party. -- Upon the request to the Board from any party to the hearing, all reported materials shall be transcribed and a copy thereof furnished to such party at their expense.

5.3. Transcription in the event a hearing examiner is appointed. -- In all cases where a hearing examiner is appointed, all reported materials shall be transcribed and forwarded to the Board. Parties requesting a copy of a transcript prepared pursuant to this subsection shall be furnished a copy at their expense.

5.4. Responsibility for transcript. -- This Board shall have the responsibility for making arrangements for the transcription of the reported testimony and evidence. In the event transcription is required pursuant to this section it shall be accomplished with all dispatch.

5.5. Correction of error in transcript. -- Upon the motion of the Board of any party assigning error or omission in any part of any transcript, the Board or its duly appointed hearing examiner shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and revised in the respects designated, so as to make it conform to the whole truth.

W. Va. Code R. § 20-1-6 Submission Of Proposed Findings Of Fact And Conclusions Of Law

6.1. Time for submission. -- Any party may submit to the Board proposed findings of fact and conclusions of law within thirty (30) days of the conclusion of a hearing, or, in the event the proceedings of a hearing are transcribed, within twenty (20) days from the date the final transcript is available.

W. Va. Code R. § 20-1-7 Appointment Of Hearing Examiner

7.1. Function of hearing examiner. -- The Board may appoint a hearing examiner who shall be empowered to subpoena witnesses and documents, administer oaths and affirmations, to examine witnesses under oath, to rule on evidentiary questions, to hold conferences for the settlement or simplification of issues by consent of the parties and to otherwise conduct hearings as provided in Section 4 herein. If a hearing examiner is appointed under this section he may make recommended findings of fact and conclusions of law to the Board.

W. Va. Code R. § 20-1-8 Conferences; Informal Disposition Of Cases

8.1. Conferences. -- At any time prior to the hearing or thereafter, the Board or its duly appointed hearing examiner may hold conferences:

(a) To dispose of procedural requests or similar matters;

(b) To simplify or settle issues by consent of the parties; or (c) To provide for the informal disposition of cases by stipulation, agreed settlement or consent order.

The Board or its duly appointed hearing examiner may cause such conferences to be held on their own motion or by the request of a party.

W. Va. Code R. § 20-1-9 Depositions

Depositions permitted. -- Evidentiary depositions may be taken and read into evidence as in civil actions in the circuit courts of this State.

W. Va. Code R. § 20-1-10 Subpoenas

10.1. Where permitted by chapter thirty. -- In accordance with any provision contained in chapter thirty of the West Virginia Code of 1931, as amended authorizing the Board to issue subpoenas or subpoenas duces tecum, the Board or his duly appointed hearing examiner shall have the power to issue subpoenas or subpoenas duces tecum pursuant to the provisions set forth in subsection (b), section one, article five, chapter twenty-nine-a of the West Virginia Code of 1931, as amended.

10.2. Time for requesting the issuances of subpoenas. -- Written requests for the issuance of subpoenas or subpoenas duces tecum as provided in Subsection 10.1 of this Section shall be made no later than ten (10) days of a scheduled hearing.

W. Va. Code R. § 20-1-11 Orders

11.1. Content. -- Every final order entered by the Board, following a hearing conducted pursuant to these rules, shall be made pursuant to the provisions of section three, article five, chapter twenty-nine-a of the West Virginia Code of 1931, as amended. Such orders shall be entered within forty-five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts and proposed findings of fact and conclusions of law.

W. Va. Code R. § 20-1-12 Principal Office

12.1. The principal office of the Board shall be the West Virginia State Department of Health, State Office Building No. 3, 1800 Washington Street, East, Charleston, West Virginia 25305, County of Kanawha, State of West Virginia. The Board may have such other offices as may from time to time be designated by the Board.

W. Va. Code R. § 20-1-13 Declaratory Ruling - Procedures

13.1. On petition of any interested person, the Board may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule, regulation or statute enforceable by the Department of Health.

13.2. Any interested person may petition the Board in writing, stating the issues upon which the declaratory ruling is requested.

13.3. Upon receipt of such petition, the Board may cause a hearing to be held for the presentation of arguments and evidence within thirty (30) days of receipt of such petition. The Board shall notify the parties thereto and set a time, a place and a date for such hearing.

13.4. A declaratory ruling issued after argument and stated to be binding shall be binding between the Board and the petitioner on the state of facts alleged, unless altered or set aside by a court in accordance with section two, article four, chapter twenty-nine-a of the West Virginia Code of 1931, as amended. Furthermore, such declaratory ruling shall not be binding on any other person.

13.5. A declaratory ruling issued upon petition, proper notice and argument shall not preclude the petitioner from seeking a contested case hearing in accordance with the provisions of the Rules of Procedure for Contested Case Hearings and Declaratory Rulings. Such declaratory ruling shall serve only to explain the applicability to any person, property or state of facts or any rule or statute enforceable by the Board.

W. Va. Code R. § 20-1-14 Appeal

An appeal from any final order or ruling entered in accordance with these rules shall be in accordance with the provisions of section four, article five, chapter twenty-nine-a of the West Virginia Code of 1931, as amended.

W. Va. Code R. § 20-1-15 Severability

If any provision of these rules or the application thereof to any person or circumstance shall be held invalid, such invalidity thereof shall not affect the provision or application of these rules which can be given effect without the invalid provision or application and to this end the provision of these rules are declared to be severable.

20CSR1

Series 02 Procedure For The Investigation And Resolution Of Complaints

W. Va. Code R. § 20-2-1 General

1.1. Scope. -- This rule specifies the procedure for the investigation and resolution of complaints against sanitarians-in-training and registered sanitarians. This rule should be read in conjunction with the provisions of W. Va. Code ''30-1-1 et seq and 30-17-1 et seq.

1.2. Authority. -- W. Va. Code ''30-1-8 and 30-17-9.

1.3. Filing Date. -- December 8, 2000.

1.4. Effective Date. -- February 1, 2001.

1.5. Applicability. -- This rule applies to all registered sanitarians and sanitarians-in-training.

1.6. Enforcement. B This rule is enforced by the West Virginia Board of Registration for Sanitarians.

W. Va. Code R. § 20-2-2 Definitions

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

2.1. Board. -- The West Virginia Board of Registration for Sanitarians.

2.2. Certificate of Registration. -- A document issued as evidence of registration and qualification to practice as a sanitarian or a sanitarian-in-training under W. Va. Code '30-17-3 and bearing the designation Aregistered sanitarian@ or Asanitarian-in-training@ and showing the name of the person, date of issue, serial number, seal and signatures of the members of the board authorized to grant such certificates.

2.3. Complainant. -- The person, firm, corporation, member of the board, or public officer who files a complaint with the board charging a registered sanitarian or sanitarian-in-training with a violation of W. Va. Code '30-1-8 or 30-17-12.

2.4. Ethics Investigator. -- A registered sanitarian who is appointed by the board for the purpose of reviewing complaints against registered sanitarians and sanitarians-in-training.

2.5. Registered Sanitarian. -- A sanitarian registered in accordance with the provisions of W. Va. Code '30-17-3.

2.6. Respondent. -- The registered sanitarian or sanitarian-in-training charged by a complainant with a violation of W. Va. Code ''30-1-8 or 30-17-12.

2.7. Sanitarian. -- A public health professional uniquely qualified by education in the arts and sciences, specialized training, and credible field experience to assist in the enforcement of public health laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health and environmental sanitation.

2.8. Sanitarian-in-Training. -- A person who possesses the necessary educational qualifications as prescribed in W. Va. Code '30-17-4 for registration as a professional sanitarian, but who has not completed the experience requirements in the fields of environmental sanitation as required for registration.

W. Va. Code R. § 20-2-3 Filing of Complaint

3.1. Any person, firm, corporation, member of the board, or public officer may file a complaint with the board charging a registered sanitarian or sanitarian-in-training with a violation of W. Va. Code ''30-1-8 or 30-17-12. The complainant shall file the complaint in writing and shall include in the complaint:

3.1.a. The name and address of the registered sanitarian or sanitarian-in-training against whom the complaint is filed;

3.1.b. The date of complaint;

3.1.c. The date, time, place, and substance of each alleged offense, act or failure to act and the exact portion of the law that was violated; and

3.1.d. The name and address of the complainant.

3.2. Complainants are immune from liability for the allegations contained in their complaints filed with the board unless the complaint is filed in bad faith or for a malicious purpose.

3.3. The board shall assign a unique number to each complaint received and shall maintain each complaint in a separate file.

3.4. The board shall maintain a complaint log which indicates the date the complaint was received; the name and address of the complainant; the name and address of the respondent; the nature of the complaint; and the final disposition of the complaint.

W. Va. Code R. § 20-2-4 Notice of Hearing

4.1. Within thirty (30) days of the receipt of a complaint, the board shall send the respondent a written notice of hearing in accordance with W. Va. ''30-1-8, 30-17-12, and the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings.@

4.1.a. The board shall send the notice of hearing by certified mail to the respondent not less than thirty (30) days prior to the date of the hearing.

4.1.b. The board shall include in the notice of hearing:

4.1.b.1. The date, time, and place of the hearing;

4.1.b.2. A copy of the complaint; and

4.1.b.3. A statement informing the respondent that he or she may appear with witnesses and be heard in person, by counsel, or both to present evidence in his or her defense, and that the hearing will be conducted in accordance with the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings.@

4.1.c. The board shall send a copy of the notice of hearing by certified mail to the complainant not less than thirty (30) days prior to the date of the hearing.

4.2. The board is not required to send the respondent a notice of hearing if the complaint is dismissed in accordance with section 7.1 of this rule.

W. Va. Code R. § 20-2-5 Investigation of Complaint

5.1. Prior to the date of the hearing scheduled in accordance with section 4 of this rule, the board shall conduct any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint in accordance with W. Va. Code '30-1-5.

5.1.a. The board may assign the complaint to an ethics investigator or to a committee of the board for investigation. The ethics investigator or the committee shall investigate the complaint and shall be afforded an opportunity to interview the respondent and other involved parties. Prior to the date of the hearing, the ethics investigator or the committee shall provide the board with a written report of their findings and recommendations including an account of any interviews conducted.

W. Va. Code R. § 20-2-6 Conduct of Hearing

6.1. The board shall conduct all hearings in accordance with section 4.4 of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings.@

6.2. The board may issue subpoenas or subpoenas duces tecum in accordance with W. Va. Code '30-1-5(a) and section 10 of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings.@

6.3. The board may continue a hearing or adjourn a hearing to a later date in accordance with section 4.5 of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings.@

6.4. The board shall make arrangements for the transcription of the reported testimony and evidence of all hearings in accordance with '30-1-8(f) and section 5 of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings.@

6.5. The board may appoint a hearing examiner in accordance with section 7.1 of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings.@

W. Va. Code R. § 20-2-7 Disposition of Complaints

7.1. At any time during the investigation and resolution of a complaint, the board may dismiss the complaint if it determines that there is not sufficient evidence to warrant further proceedings, or that the complaint fails to demonstrate that the respondent violated W. Va. Code ''30-1-8 or 30-17-12.

7.1.a. If the board has assigned investigation of the complaint to an ethics investigator or to a committee, the board may not dismiss the complaint until the ethics investigator or the committee has filed a written report of their findings and recommendations with the board.

7.1.b. The board shall advise the respondent and the complainant in writing by certified mail if the complaint is dismissed.

7.2. Pursuant to W. Va. Code ''30-1-8 and 30-17-12, if the board determines that the charges are true based upon the record of hearings conducted in accordance with this rule, the board may:

7.2.a. Suspend or revoke the respondent=s certificate of registration;

7.2.b. Enter into consent decrees, reprimand, enter into probation orders, or levy fines not to exceed one thousand dollars per day per violation, or any of these, singly or in combination; or

7.2.c. Assess administrative costs.

7.3. In accordance with ''30-1-5(c) and 30-17-15, the board may apply to any court having equity powers, or to the judge thereof in vacation, for an injunction to restrain any violation of the provisions of ''30-1-1 et seq and 30-17-1 et seq.

7.4. In accordance with ' 30-1-8 and section 8 of the Board of Registration for Sanitarians Procedural Rules, 20CSR1, ARules of Procedure for Contested Case Hearings and Declaratory Rulings,@ the board may hold conferences at any time prior to a hearing or thereafter to:

7.4.a. Dispose of procedural requests or similar matters;

7.4.b. Simplify or settle issues by consent of the parties; or

7.4.c. Provide for the informal disposition of complaints by stipulation, agreed settlement, or consent order.

7.5. In accordance with W. Va. Code '30-1-8(d), the board may suspend its decision and place on probation a respondent found by the board to be in violation of W. Va. Code ''30-1-8 and 30-17-12.

W. Va. Code R. § 20-2-8 Penalties

8.1. Upon conviction of a violation of W. Va. '30-17-1 et seq, the respondent is guilty of a misdemeanor and is subject to the penalties of W. Va. Code '30-17-15.

8.2. The board may levy fines and assess administrative costs in accordance with W. Va. Code '30-1-8(a) and section 7 of this rule.

W. Va. Code R. § 20-2-9 Appeals

9.1. Any person whose certificate of registration has been suspended or revoked by the board may, within thirty (30) days of the decision of the board, appeal to the circuit court of the county in which such person resides, or to the judge of such court in vacation, in accordance with W. Va. Code '30-1-9.

20CSR2

Series 03 Interim Fee Schedule

W. Va. Code R. § 20-3-1 General

1.1. Scope. -- This rule authorizes the State Board of Sanitarians to charge a fee for the issuance or renewal of a permit, certificate or license to all Sanitarians governed by WV Code §30-17-1, et seq. The fees shall cover the time period commencing July 1, 2010, and expiring December 31, 2011. This rule applies to all persons practicing public health sanitation and holding a permit, certificate or license to engage in that occupation.

1.2. Authority. -- WV Code §30-17-6(c).

1.3. Filing Date. -- June 28, 2011.

1.4. Effective Date -- June 28, 2011.

W. Va. Code R. § 20-3-2 Application for a permit, certificate or license

2.1 A person applying to the Board of Sanitarians for a permit, certificate or license shall:

2.1.1. Submit to the Board a completed application on forms prescribed by the Board;

2.1.1. Pay to the Board the appropriate application fee; and

2.1.2. Include any additional documentation required by the Board.

W. Va. Code R. § 20-3-3 Fee Required Based on an annual fee of $35.00, any person issued a permit, certificate, or license in accordance with this Emergency rule shall pay a one-time fee of $52.50 which shall be valid for the 18 month period from July 1, 2010 to December 31, 2011

Series 04 The Practice Of Public Health Sanitation

W. Va. Code R. § 20-4-1 General

1.1. Scope. -- This rule sets forth standards for the regulation and conduct of members, records, applications and examinations for persons employed as public health sanitarians.

1.2. Authority. -- W.Va. Code §30-17-6.

1.3. Filing Date. – May 12, 2025

1.4. Effective Date. -- May 12, 2025

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2035.

1.6. Applicability. -- This rule applies to all applicants for permit, certificate or license to practice public health sanitation in this state.

W. Va. Code R. § 20-4-2 Definitions

2.1. Board -- means the State Board of Sanitarians.

2.2. Certificate -- means a document issued to a sanitarian under the provisions of this article.

2.3. Environmental Health Science -- means public health science that includes, but is not limited to, the following bodies of knowledge: air quality, food quality and protection, hazardous and toxic substances, consumer product safety, housing, institutional health and safety, community noise control, radiation protection, recreational facilities, solid and liquid waste management, vector control, drinking water quality, milk sanitation and rabies control.

2.4. License -- means a document issued to a registered sanitarian under the provisions of this article.

2.5. NEHA -- means the National Environmental Health Association.

2.6. Permit -- means a document issued as evidence of qualification to practice as a sanitarian-in-training under this article.

2.7. Practice of Public Health Sanitation -- means the consultation, instruction, investigation, inspection or evaluation by an employee of the Secretary or municipal or county health department with the primary purpose of improving or conducting administration of enforcement of state laws and rules.

2.8. Registered Sanitarian -- means a person who is licensed by the board and is uniquely qualified by education, specialized training, experience and examination to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.

2.9. Sanitarian -- means a person who is certified by the board and is uniquely qualified by education in the arts and sciences, specialized training and credible field experience to assist in the enforcement of public health sanitation laws and environmental sanitation regulations, and to effectively plan, organize, manage, evaluate and execute one or more of the many diverse disciplines comprising the field of public health sanitation.

2.10. Sanitarian-in-Training -- means a person who is permitted by the board and possesses the necessary educational qualifications for certificate as a sanitarian, but who has not completed the experience requirements in the fields of public health sanitation and environmental health science as required for certificate.

2.11. Secretary-- means the Secretary of the West Virginia Department of Health

W. Va. Code R. § 20-4-3 Standards and requirements for a permit, certificate or license

3.1. Applications. A person applying to the Board for a permit, certificate or license shall submit to the Board:

3.1.1. A completed application on forms prescribed by the Board:

3.1.2. Payment to the Board of the appropriate application fee; and

3.1.3. Any additional documentation required by the Board.

3.2. Standards for Sanitarian-in-Training. To be eligible to be issued a permit as a sanitarian-in-training, an applicant shall:

3.2.1. Be free of a conviction for a crime that bears a rational nexus to the practice of public health sanitation.

3.2.2. Be a graduate with a baccalaureate or higher degree from an accredited college or university.

3.2.3. Have successfully completed a sanitarian's training course of a minimum of 300 hours as approved by the Board within 12 months of being hired.

3.2.4. Practice as a sanitarian-in-training for a period not to exceed three years.

3.3. The Board may waive the requirements of subdivisions 3.2.3 and 3.2.4 for a person who experiences an undue hardship.

3.4. Standards for Sanitarian. To be eligible to be certified as a sanitarian, the applicant shall:

3.4.1 Be free of a conviction for a crime that bears a rational nexus to the practice of public health sanitation.

3.4.2. Be a graduate with a baccalaureate or higher degree from an accredited college or university.

3.4.3. Have successfully completed a sanitarian's training course of a minimum of 300 hours as approved by the Board;

3.4.4. Have at least two years of experience in the field of public health sanitation. An applicant may substitute a successfully completed master's or higher degree in public health, sanitary science, environmental science, community hygiene or other science field as approved by the Board for one of the required years of experience.

3.5. Standards for Registered Sanitarian. To be eligible to be licensed as a registered sanitarian, the applicant shall:

3.5.1. Be free of a conviction for a crime that bears a rational nexus to the practice of public health sanitation.

3.5.2. Be a graduate with a baccalaureate or higher degree from an accredited college or university;

3.5.3. Have successfully completed a sanitarian's training course of a minimum of 300 hours as approved by the Board;

3.5.4. Have at least two years of experience in the field of public health sanitation; Provided, that an applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene or other science field as approved by the Board for one of the required years of experience; and

3.5.5. Pass an examination as required by the board.

3.6. A person holding a registration issued under a prior enactment of W. Va. Code §30-17-1, et seq., and this rule shall be eligible to renew his or her license in accordance with the provisions of this rule.

W. Va. Code R. § 20-4-4 Reciprocity

4.1. The Board may issue a certificate or a license to practice environmental health science or public health sanitation to an applicant from another jurisdiction who:

4.1.1 Be free of a conviction for a crime that bears a rational nexus to the practice of public health sanitation.

4.1.2. Holds a valid sanitarian license, certificate or other authorization to practice environmental health science or public health sanitation in another jurisdiction and meets requirements which are substantially equivalent to the requirements set forth in W. Va. Code §30-17-1 et seq., and this rule;

4.1.3. Is not currently being investigated by a disciplinary authority, does not have charges pending against his or her license or other authorization to practice environmental health science or public health sanitation, and has never had a license or other authorization to practice environmental health science or public health sanitation revoked;

4.1.4. Has not previously failed an examination for licensure in this state;

4.1.5. Has paid all applicable fees;

4.1.6. Completes food and onsite wastewater training and any additional training as determined by the Board; and

4.1.7. Completes other actions as required by the Board.

W. Va. Code R. § 20-4-5 Procedures for Issuance and Renewals

5.1. A person regulated by this rule shall renew their permit, certificate, or license annually, by completing an application as prescribed in section 3.1 of this rule.

5.2. Permits, certificates, and licenses expire at midnight on December 31st following the date of issuance.

5.3. At least 30 days prior to January 1st of each year, the Board shall mail to every person it regulates an application for renewal.

5.4. A fee of $100.00 shall accompany any application for issuance or renewal of a permit, certificate, or license.

5.5. A late fee of $25.00 shall be assessed by the Board for any renewal that is not received within 30 days of expiration.

5.6. A person applying for a renewal of a permit, certificate or license must show proof of having completed 15 hours of Board approved continuing education within the prior calendar year. The applicant may have an additional 60 days in which to acquire hours but pay an additional $50.00 late fee. Any hours obtained during the additional 60-day period to meet the prior calendar year requirement shall not be counted toward the current calendar year.

5.7. Expired permits, certificates or licenses may be reinstated only upon the payment of all lapsed renewal fees up to five years and submit to training approved by the board, if in excess of five years.

5.8. Permits, certificates and licenses not renewed for failure to obtain the required 15 hours of continuing education as specified in 5.6. shall not be renewed during the current calendar year.

5.9. The Board may deny an application for renewal for any reason which would justify the denial of an original application for a permit, certificate or license.

5.10. A person regulated by the Board shall carry proof of a valid permit, certificate, or license as required in W. Va. Code §30-17-14.

W. Va. Code R. § 20-4-6 Exempt from permit, certificate, or license

A person or qualified member of other recognized professions practicing environmental health science consistent with the laws of this state, shall be exempt from obtaining a permit, certificate or license under this rule provided the person does not represent themselves as a sanitarian-in-training, sanitarian or registered sanitarian, as defined by W. Va. Code §30-17-3 and this rule.

W. Va. Code R. § 20-4-7 Standards for Approval of Courses

7.1. A person regulated by this rule is responsible for submitting to the Board pertinent information regarding courses attended for continuing education approval.

7.2. Information shall include the following:

7.2.1. Verification of attendance; and

7.2.2. An agenda or outline of the course which includes the date and length of the course.

7.3. The Board reserves the right to request additional information, when necessary.

7.4. A maximum of five hours for conducting food worker training classes may be requested annually in lieu of other course attendance by submitting dates and course length to the Board.

W. Va. Code R. § 20-4-8 Examinations

8.1. Only persons who meet the education requirements in this rule, shall be eligible for examination for registration as a sanitarian.

8.2. A Sanitarian-in-training shall be eligible for admission to examination for registration as a sanitarian after successfully completing a sanitarian's training course of a minimum of 300 hours as approved by the Board. However, in order to be licensed as a Registered Sanitarian, the Sanitarian -in -Training shall meet all of the criteria set forth in subsection 3.5 of this rule. 8,3. The applicant requesting the examination shall pay be responsible for ordering and pay the examination fee set forth by NEHA by:

8.3.1. Gathering the electronic version of the Board approval (letter, email, etc.);

8.3.2. Creating an account or sign in to the MyNEHA portal;

8.3.3. Selecting “Credentials & Exams”,then “apply for Credential/State Exam”;

8.3.4. Await an email from pearson@proftesting.com with instructions to schedule the exam.

8.4. The Board shall accept the passing score set by the NEHA Exam Peer Review Committee.

8.5. The Board shall provide written notification to an applicant that he or she passed or failed the examination.

8.6. If an applicant fails to meet the minimum grade requirements on his or her examination, he or she may be re-examined by contacting NEHA and upon resubmitting his or her application as required in Section 8.3. An applicant shall follow NEHA timeframes established to permit re-testing.

W. Va. Code R. § 20-4-9 Use of Title

Only a person who has qualified as a registered sanitarian and who holds a valid current license for use in this state shall have the right and privilege of using the title, "registered sanitarian" and to use the abbreviation, "R.S." after his or her name.

W. Va. Code R. § 20-4-10 Suspension or Revocation of Permits, Certificates and Licenses

10.1. The board may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license, permit or certificate of, impose probationary conditions upon, or take disciplinary action against, any licensee, permittee or certificate holder for any of the following reasons:

10.1.1. Obtaining a license, permit or certificate by fraud, misrepresentation or concealment of material facts;

10.1.2. Being convicted of a felony or other crime involving moral turpitude;

10.1.3. Being guilty of unprofessional conduct which placed the public at risk;

10.1.4. Violating this article or lawful order of the board;

10.1.5. Having had a license or other authorization revoked or suspended, other disciplinary action taken, or an application for licensure or other authorization denied by the proper authorities of another jurisdiction, irrespective of intervening appeals and stays; or

10.1.6. Engaging in any act which has endangered, or is likely to endanger the health, welfare or safety of the public.

10.2. For the purposes of this section, disciplinary action may include:

10.2.1. Reprimand;

10.2.2. Probation;

10.2.3. Administrative fine, not to exceed $1,000 per day per violation;

10.2.4. Mandatory attendance at continuing education seminars or other training;

10.2.5. Practicing under supervision or other restriction;

10.2.6. Requiring the licensee, permittee or certificate holder to report to the board for periodic interviews for a specified period of time; and

10.2.7. Other corrective action considered by the board to be necessary to protect the public, including advising other parties whose legitimate interests may be at risk.

W. Va. Code R. § 20-4-11 Administrative Due Process

Those persons adversely affected by the enforcement of this rule have the right to request a contested case hearing in a manner pursuant to the provisions of W. Va. Code §29A-5-1, et seq. and legislative rule, State Board of Sanitarians, Rules of Procedure for Contested Case Hearing and Declaratory Rulings, 20CSR01.

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