Title 28 W. Va. C.S.R.

Contractor Licensing Board Contractor Licensing Board

Series 01 Board Organization and Meeting Procedures; Hearing Procedures

W. Va. Code R. § 28-1-1 General

1.1. Scope. -- This procedural rule governs the West Virginia Contractor Licensing Board’s regular meetings, special meetings, and emergency meetings, establishes procedures for the disposition of complaints against licensees of the Board, establishes procedures for disciplinary hearings conducted by the Board, and establishes procedures for an appeal by any person adversely affected by a decision of the Board.

1.2. Authority. -- W. Va. Code §30-1-8, §30-42-5, §29A-3-3, and §29A-5-1 et seq.

1.3. Filing Date. -- May 7, 2026.

1.4. Effective Date. -- June 7, 2026.

W. Va. Code R. § 28-1-2 Application and Enforcement

2.1. Application. -- This procedural rule applies to the Board, to the Board’s licensees, to any person desiring to attend a Board meeting or to address the Board, and to any person adversely affected by a decision of the Board.

2.2. Enforcement. -- The enforcement of this rule is vested in the Board.

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” 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. “Person” means any individual, firm, association, or any other legal business entity recognized by this state, including any state or political subdivision.

3.21. “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.

3.22. “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.

3.23. “Unlicensed person” means a person or entity performing contracting work for which a license is required but who does not possess a valid license.

3.24. “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.

3.25. “Vice-Chair” means the individual elected by the Board to be its Secretary.

W. Va. Code R. § 28-1-4 Board Organization; How Meetings Are Conducted; Conflict of Interest

4.1. Board members shall be appointed by the Governor and serve as provided by W. Va. Code §30-42-4.

4.2. The Board’s voting members shall elect a Chair and a Vice-Chair who shall serve for a term of one year.

4.2.1. The Chair and Vice-Chair may serve successive terms.

4.2.2. The incumbent Chair and Vice-Chair shall continue to serve until their replacements have been elected.

4.2.3. The Board’s voting members shall fill a vacancy by electing a new Chair or Vice-Chair.

4.3. The Chair and Vice-Chair have the same rights and privileges as other Board members.

4.4. The Chair or Vice-Chair will preserve order and conduct all proceedings according to accepted parliamentary procedure.

4.5. Board members may participate in regular, special, or emergency meetings by telephone or other electronic or telephonic means that permit voice or video identification of the member.

4.6. The Chair or Vice-Chair may appoint subcommittees as needed from the Board’s voting members.

4.7. The Chair or Vice-Chair shall sign his or her name to the Board’s official papers and actions.

4.8. A Board member may not participate in any matter pending before the Board in which he or she, or a member of his or her immediate family, is or was either a director, officer, owner, partner, employee, member, or stockholder in the preceding 12 months in any activity regulated by the Board.

4.8.1. When a Board member has a conflict of interest, he or she must disqualify or recuse himself or herself from any participation in the matter, including all discussion and votes.

4.8.2. A record of the Board member’s disqualification or recusal will be noted in the meeting minutes.

W. Va. Code R. § 28-1-5 Regular Meetings

5.1. The Board will commence all regular meetings at 9:00 a.m. unless the time is otherwise changed by a majority vote of the Board.

5.2. The Board shall notify Board members of meeting dates, places, and agenda items at least five days prior to regular meetings.

W. Va. Code R. § 28-1-6 Special Meetings; Emergency Meetings

The Board may convene special meetings or emergency meetings when called by the Chair or Vice-Chair or upon the written request of a majority of Board members.

W. Va. Code R. § 28-1-7 Open Meetings; Notice of the Meeting; Agenda

7.1. All Board meetings will be open to the public, except for executive sessions as permitted by W. Va. Code §6-9A-4 of the Open Governmental Proceedings Act.

7.2. Any person who desires to address the Board during a meeting may do so provided that the person registers his or her intent to address the Board at least 15 minutes prior to the time the meeting is scheduled to commence.

7.3. The Chair or Vice-Chair, in his or her sole discretion, may cause a person to be removed from a meeting who is disruptive or otherwise interferes with the orderly conduct of the meeting.

7.4. Except in the event of an emergency meeting requiring immediate official action, the Board shall electronically file a notice of every regular or special meeting with the Secretary of State for publication in the State Register at least five days prior to the date of the meeting, as required by W. Va. Code §6-9A-3(e). Each notice will state the time, place, and purpose of the meeting.

7.5. The Board will post the agenda of a regular or special meeting on the Board’s website at least five days before the meeting.

7.6. In the event of an emergency meeting requiring immediate official action, as required by W. Va. Code §6-9A-3(h), the Board shall electronically file a notice with the Secretary of State as soon as practicable prior to the meeting, provided that all Board members have been notified of the meeting by email or by telephone at least 24 hours in advance of the time scheduled for the commencement of the meeting. The notice filed with the Secretary of State will state the time, place, and purpose of the meeting, and the facts and circumstances of the emergency.

W. Va. Code R. § 28-1-8 Quorum; Board Administrative Action Vote Required; Board Disciplinary Action Vote Required; Vote By Proxy Prohibited

8.1. A majority of the voting appointed Board members present at a meeting constitutes a quorum.

8.2. A majority vote of Board members present at a meeting constitutes an official Board action for administrative matters, provided a quorum is present.

8.3. An affirmative vote of at least six Board members present at a meeting constitutes an official Board action for disciplinary matters.

8.4. Absent Board members are not permitted to vote by proxy.

W. Va. Code R. § 28-1-9 Minutes

9.1. The Board shall provide for the preparation of written minutes of all meetings.

9.2. The minutes must include the following information:

9.2.1. The date, time, and place of the meeting;

9.2.2. The name of each Board member present and absent;

9.2.3. All motions, proposals, resolutions, and orders, the name of the Board member proposing and seconding the same, and their disposition;

9.2.4. The name of any Board member who disqualifies or recuses himself or herself from participation in a matter before the Board due to a conflict of interest; and

9.2.5. The results of all votes and, upon the request of a Board member, the vote of each member, by name.

9.3. The minutes of each meeting will be posted on the Board’s website after they have been approved by the Board.

9.4. The minutes of an executive session will be limited to the disclosure of material that is not inconsistent with W. Va. Code §6-9A-4.

W. Va. Code R. § 28-1-10 Filing of Complaints; Investigation of Complaints; Disposition of Complaints

10.1. Any person alleging a violation of the Act or rules of the Board may file a complaint with the Board. The Board shall provide a complaint form, available from the Board’s website (wvclboard.wv.gov), but a complaint may be filed in any written form.

10.2. A complaint shall contain the following information:

10.2.1. The name, address, and contact information of the complainant;

10.2.2. The date the complaint is filed with the Board;

10.2.3. The licensee’s name, address, contact information, and the license number if known; and

10.2.4. A description of the alleged violation, including applicable dates.

10.3. The Board shall review each complaint to determine whether there are sufficient grounds to warrant an investigation.

10.3.1. If the Board determines that the matters alleged in the complaint are outside of the Board’s jurisdiction, the Board shall inform the complainant in writing.

10.3.2. If the Board determines that the matters alleged in the complaint are within the Board’s jurisdiction, the Board shall conduct an investigation.

10.3.3. If, after investigation, the Board determines that no violation of the Act or rules of the Board occurred, the Board shall inform the complainant in writing.

10.3.4. If, after investigation, the Board determines there is a factual basis to believe a violation of the Act or rules of the Board occurred, the Board shall issue the licensee a written notice of hearing that specifies the alleged violation aand proceed in accordance with the disciplinary action hearing procedure prescribed in subsection 11.2 of this rule.

10.4. The Board shall maintain a record of all complaints filed, including the disposition of each complaint.

W. Va. Code R. § 28-1-11 Notices of Hearing; Service of Notices of Hearing; Cease and Desist Order Hearings; Disciplinary Hearings; Contested Case Hearings; Appeals

11.1. The Board shall hold a hearing during its regularly scheduled meeting, or during a special or an emergency meeting, on all cease and desist orders issued by the Board, shall vote on whether to affirm or rescind the cease and desist order, and shall vote on the amount of the penalty to be imposed, if any.

11.1.1. The Board shall issue a written notice of hearing to each person who has been issued a cease and desist order at least 10 days prior to the date of the hearing.

11.1.2. The Board shall cause the notice of hearing to be served by certified mail, by email, delivery receipt requested, or by personal service.

11.1.2.a. When the notice of hearing is mailed by certified mail, verification of delivery to the employer through the United States Postal Service website constitutes proper notice.

11.1.2.b. When the notice of hearing is transmitted to the employer by email, documentation of the email’s delivery receipt constitutes proper notice.

11.1.2.c. When the notice of hearing is by personal delivery to the employer, an affidavit of service completed by the individual making the delivery constitutes proper notice. The affidavit of service shall be signed by the individual making the delivery, shall identify by name the person to whom the notice was given, and shall state the time and place where notice was given.

11.1.3. Upon receipt of a notice of hearing, a person may request a continuance in writing prior to the scheduled time and date of the hearing and must state the reason for the requested continuance. The Board may grant the continuance for good cause shown and shall provide the person with a written or verbal decision regarding the requested continuance.

11.1.4. A person who has been issued a cease and desist order has a right to attend the hearing in person, to be represented by an attorney at law licensed to practice in West Virginia, or to submit a written response to the Board for its consideration.

11.1.5. Provided that the person to whom a cease and desist order has been issued receives proper notice of the hearing, the person’s failure to attend the hearing does not preclude the Board from taking action on the cease and desist order.

11.1.6. After a hearing on a cease and desist order, the Board may issue an advisory letter or may assess a monetary penalty.

11.1.7. In considering whether to assess a monetary penalty and the amount of the penalty, the Board may consider whether a person has been previously issued a cease and desist order, whether the cease and desist order was issued based on a complaint from a consumer, or any other facts and circumstances that the Board considers relevant.

11.1.8. The Board shall issue a written order setting forth its decision on the cease and desist order.

11.1.9. Any person adversely affected by an order of the Board may appeal the order to the Intermediate Court of Appeals in accordance with W. Va. Code §29A-5-4 and §51-11-1 et seq.

11.2. When a licensee is alleged to have engaged in conduct that is a ground for discipline as set forth in W. Va. Code §30-42-15(g), the Board shall hold a disciplinaary hearing during its regularly scheduled meeting, or during a special or an emergency meeting.

11.2.1. The Board shall issue a written notice of hearing to a licensee who is alleged to have engaged in one or more of the Act’s grounds for discipline at least 10 days prior to the date of the hearing.

11.2.2. The Board shall cause the notice of hearing to be served on the licensee by certified mail, by email, delivery receipt requested, or by personal service.

11.2.3. Upon receipt of a notice of hearing, a person may request a continuance and the Board may grant the continuance for good cause shown.

11.2.4. A licensee has a right to attend the hearing in person, to be represented by an attorney at law licensed to practice in West Virginia, or to submit a written response to the Board for its consideration and may offer testimony and submit relevant factual information.

11.2.5. Provided that the licensee receives proper notice of the hearing, the licensee’s failure to attend the hearing does not preclude the Board from taking action against the licensee.

11.2.6. The Board shall consider the facts and circumstances of the licensee’s conduct and any other information that the Board considers relevant, including the licensee’s previous history, if any, with the Board.

11.2.7. If the Board finds that the licensee has engaged in the prohibited conduct, the Board shall vote on the disciplinary action to be imposed on the licensee.

11.2.8. The Board shall issue a written order to the licensee, setting forth its decision on the disciplinary action to be imposed.

11.3. Within 60 days of receipt of the Board’s disciplinary order, a licensee may submit a written appeal to the Board, stating the reasons or grounds for contesting the Board’s order.

11.3.1. The Board may conduct the appeal hearing or may appoint a hearing examiner to conduct the appeal hearing.

11.3.2. The Board or hearing examiner shall conduct the hearing pursuant to the provisions of W. Va. Code §29A-5-1 et seq.

11.3.3. The Board or hearing examiner shall provide a written notice of hearing to the licensee, setting forth the date, time, and place of the hearing.

11.3.4. The Board shall cause the notice of hearing to be served on the licensee by certified mail, by email, delivery receipt requested, or by personal service.

11.3.5. The hearing shall take place within 30 days of receipt of the licensee’s appeal unless the time frame is waived by agreement of the parties.

11.3.6. The Board shall be responsible for the preparation of an official record of the hearing, which shall include all testimony and exhibits.

11.3.6.a. The Board may engage a court reporter to make a record of the hearing.

11.3.6.b. Upon request to the Board by any party involved in the hearing, a copy of the transcript and exhibits will be furnished to the requesting party at the requesting party’s expense.

11.3.7. The Board and the licensee may be represented by an attorney at law licensed to practice in West Virginia and may offer testimony and exhibits.

11.3.8. The Board shall issue a final order to the licensee concerning the appeal.

11.3.9. Any person adversely affected by an order of the Board may appeal the order to the Intermediate Court of Appeals in accordance with W. Va. Code §29A-5-4 and §51-11-1 et seq.

Series 02 West Virginia Contractor Licensing Act

W. Va. Code R. § 28-2-1 General

1.1. Scope. -- This rule governs licensing, fees, examinations, and penalties for violations in accordance with W. Va. Code §30-42-1 et seq.; §30-1-23; and §29A-3-1 et seq.

1.2. Authority. -- W. Va. Code §30-42-5, §30-42-8, §30-1-23, and §30-42-16.

1.3. Filing Date. -- April 3, 2026.

1.4. Effective Date. -- May 4, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.

W. Va. Code R. § 28-2-2 Application and Enforcement

2.1. Application. This legislative rule applies to the Board and to all persons, materials, and transactions governed by or otherwise within the jurisdiction of the Board.

2.2. Enforcement. The enforcement of this legislative rule is vested in the Board.

W. Va. Code R. § 28-2-3 Definitions

In addition to the definitions in this section, the definitions in W. Va. Code §30-42-3 are incorporated herein by reference.

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

3.2. “Advertisement,” as used in W. Va. Code §30-42-6(b), means any means or method used by a contractor to promote the contractor’s business to the general public. If a contractor maintains an internet website, any advertisement by the contractor may direct potential customers to the contractor’s online landing page for a link to the information required by W. Va. Code §30-42-6(b).

3.3. “Affidavit,” as used in W. Va. Code §30-42-5(e) and sections 4, 5, and 6 of this rule, means a written statement of facts, made voluntarily, and confirmed by oath or affirmation of the individual making it, taken before a notary or other person having the authority to administer such oath or affirmation.

3.4. “Board” means the West Virginia Contractor Licensing Board and its authorized representatives.

3.5. “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.

3.6. “Capital improvement,” as used in 3.11 of this section, means the addition of a permanent structural change or the restoration of some aspect of a property that will either enhance the property’s overall value, prolong its useful life, or adapt it to new uses.

3.7. “Cease and desist order” means an order issued by the Board pursuant to the provisions of the Act and this rule to an unlicensed person who performs work for which a license is required or to a license holder who performs work outside of the license’s classifications.

3.8. “Classification” means a contractor’s scope of work as defined in the Act and this rule and includes any work incidental to the work being performed.

3.9. “Concrete contractor” means a contractor whose principal business is installation and repair of concrete, concrete reinforcing materials, concrete products and accessories common to the industry, including the forming, pouring, and finishing of concrete structures such as footings, foundations, slabs, basements, sidewalks and walkways, driveways and parking areas, fence footings, decorative concrete walls, and retaining walls not to exceed six feet in height.

3.10. “Construction project” means the entire undertaking as defined in 3.37 of this section.

3.11. “Contracting work" means and includes submitting a bid to perform construction work for another, the furnishing of work, or both materials and work, for another (by a sole contractor, general contractor, prime contractor, or subcontractor) in fulfillment of a contract for the construction, alteration, repair, decoration, or improvement of a new or existing building or structure, or any part thereof, or for the alteration, capital improvement, or development of real property, or performing activities governed by any or all state building codes, the National Fire Protection Association Code, and the National Electrical Code or its successor. The terms "contractor" and "contracting" are synonymous.

3.12. “Days” means business days unless otherwise stated.

3.13. “Emergency basis,” as used in W. Va. Code §30-42-6(c)(6), means the occurrence of an event, circumstance, or situation which presents an imminent threat of a serious health or safety hazard to persons or property.

3.14. “Employee of a contractor” means any individual who works under the control and supervision of a contractor for a wage and other benefits as required by law. An employee of a contractor is not a subcontractor.

3.15. “Excavation contractor” means a contractor whose principal business is the installation, alteration, and repair of earthen material by digging, trenching, grading, or compacting the material for a cut, fill, grade, or trench, including the installation, alteration, and repair of crib walls, gabion walls, retaining walls, and other devices not to exceed six feet in height for the purpose of controlling the movement of earthen materials.

3.16. “Firm” means any business entity recognized under the laws of this state.

3.17. “Full-time employee” means an employee of a contractor who spends a minimum of 30 hours per week working under the control and supervision of a contractor for a wage and other benefits as required by law.

3.18. “General building contractor” means a contractor whose principal business is in connection with any structures built, being built, or to be built for the support, shelter and enclosure of persons, animals, chattels, or movable property of any kind, requiring in the construction the use of more than two contractor classifications, or a person who supervises the whole or any part of the construction. With the exception of work on a residential structure as defined in W. Va. Code §30-42-3(q), the general building contractor classification’s scope of work does not include the performance of electrical, plumbing, heating, ventilating, and cooling, piping, or general engineering work as defined in the Act and this rule.

3.19. “Incidental work” means work that is directly related to and necessary for the completion of the main construction project that is within the scope of the license classification.

3.20. “Initial fee waiver,” as used in section 5 of this rule, means a fee waiver for qualifying low-income individual applicants and military family applicants, as defined in W. Va. Code §30-1-23, when applying for a license for the first time.

3.21. “License” means a license to engage in business in this state as a contractor in one of the classifications set out in the Act and this rule.

3.22. “License holder” means a member of the responsible management of a business entity as defined in 3.31 of this section who signs and submits the license application/affidavit on behalf of the entity.

3.23. “Maintenance” means work that does not materially add to the economic value of the property or asset.

3.24. “Manufactured home installation contractor” means a contractor who performs operations at the occupancy site which render a manufactured home fit for habitation, including site preparation, installation, or construction of the foundation, installation of the support system, positioning, blocking, leveling, supporting, tying down, connection of utility systems, assembly of multiple or expandable units, and final grade and water control, and is in addition to the issuance of any license required pursuant to W. Va. Code §21-9-1 et seq.

3.25. “Masonry contractor” means a contractor whose principal business is the installation of brick, concrete block, stone, marble, slate, or other units and products common to the masonry industry, with or without mortar, including the installation of grout, caulking, tuck pointing, sand blasting, mortar washing, pargeting, cleaning, and welding of reinforcement steel related to masonry construction.

3.26. “Multifamily residential structure,” as used in W. Va. Code §30-42-3(j), means a structure containing two or more contiguous living units.

3.27. “Posting of the license,” as used in W. Va. Code §30-42-6(b), means keeping a copy of each contractor’s valid license on every job site where contracting work is being performed so that the license is readily available for inspection by the Board or, upon request, by the general public.

3.28. “Qualifier” means the individual who qualifies an entity for licensure by obtaining a passing score on any required examinations. A qualifier must be a member of the responsible management of the entity as defined in 3.31 of this section or a full-time employee of the entity as defined in 3.17 of this section. A qualifier must submit an affidavit to the Board affirming the use of his or her examination score in order for the entity to obtain an initial license or to add an additional classification to an existing license. An entity may have multiple qualifiers.

3.29. “Remodeling and repair contractor” means a contractor whose principal business is the general remodeling, additions, and repairs to existing structures requiring the use of two or more classifications where the cost of the undertaking does not exceed $40,000 and includes all rough and finish general carpentry work, the installation of related hardware and accessories, and all minor repairs and replacement of pre-manufactured items on existing structures.

3.30. “Residential contractor” means a contractor whose principal business is in connection with the construction, repair, or improvement of real property used as, or intended to be used for, residential occupancy. A residential contractor is considered licensed for all classifications required in the construction, repair, or improvement of a residential structure, as defined in W. Va. Code §30-42-3(q).

3.31. “Responsible management” means officers of a corporation, partners of a general partnership, managers of a limited liability company, managing partners of a limited partnership or limited liability partnership, sole proprietor/owner of a sole proprietorship, or other individuals in other business entities recognized under the laws of this state as having a fiduciary responsibility to the entity.

3.32. “Retaining wall,” as used in 3.9 and 3.15 of this section, means a wall or similar protective permanent structure designed and constructed to hold back and prevent the lateral displacement of soil or other landscaping material. Construction of any retaining wall with a wall height that exceeds six feet in height requires a general engineering contractor classification or requires the retaining wall to be installed in accordance with an approved engineering plan.

3.33. “Speculative sale or lease,” as used in W. Va. Code §30-42-6(c)(7), means contracting work that is undertaken with the intent to sell or lease the property to any person other than the employer.

3.34. “Sprinkler and fire protection contractor” means a contractor engaged in the installation, repair, or maintenance of fire suppression systems, including water sprinkler and chemical systems.

3.35. “Structural steel erection contractor” means a contractor engaged in the erection of structural steel connected, attached, or joined by riveting, welding, rigging, or fastening devices, for buildings and other structures.

3.36. “Swimming pool,” as used in W. Va. Code §30-42-3(g), means a public swimming pool as defined by the International Swimming Pool and Spa Code adopted by the State Fire Commission in W. Va. Code St. R. §87-4-1 et seq.

3.37. “Undertaking” means the entire construction project, including the cost of all labor and materials required to accomplish it.

3.38. “Universal Licensing Act,” as used in section 5 of this rule, means the Universal Professional and Occupational Licensing Act, W. Va. Code §30-1-27.

3.39. “Unlicensed person” means a person or entity performing contracting work for which a license is required but who does not possess a valid license.

3.40. “Utilities contractor” means a contractor whose principal business is the installation of water and sewer lines on private projects to both residential and commercial structures.

3.41. “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 this rule.

W. Va. Code R. § 28-2-4 Licensure Required, Conditional Licensure; Qualifiers Who Sever Relationship with Qualified Entity; Replacement Qualifiers

4.1. Except as otherwise provided in the Act, no person may engage in contracting work in this state without a license.

4.2. No bid may be accepted by any person soliciting bids for construction which does not bear the contractor license number on its face.

4.3. The Board may grant a conditional license to an out-of-state contractor who seeks licensure for bid purposes only pursuant to W. Va. Code §30-42-5(e)(3).

4.3.1. Applicants for a conditional license must pass the West Virginia business and law examination by a score of at least 70%, submit a completed application/affidavit requesting conditional licensure for bid purposes only to the Board, and pay the applicable license fee as prescribed in W. Va. Code §30-42-7, §30-42-8, and subsection 5.5 of this rule.

4.3.2. If the entity granted a conditional license by the Board is awarded the construction project for which it bid, the entity must upgrade the conditional license to the applicable classifications prior to commencing work on the project and prior to the hiring of any subcontractors.

4.4. The building code official or other authority of any incorporated municipality, county, or other political subdivision in this state charged with the duty of issuing building or other permits for contracting work as defined in this rule may not issue permits to any person who does not possess a valid contractor license when required by the Act or this rule.

4.5. If a qualifier severs his or her relationship with an entity, the entity must name a replacement qualifier within 45 calendar days from the date of notice of the severance: Provided, however, That if a West Virginia business and law examination qualifier severs his or her relationship with an entity, the entity is not required to name a replacement qualifier for the business and law examination so long as:

4.5.1. The entity has been doing business in this state actively and actually engaged in contracting work for at least one year;

4.5.2. The entity has not been placed on the Workers Compensation Default List in the immediate preceding 12-month period;

4.5.3. The entity has not been placed on the Unemployment Compensation Default List in the immediate preceding 12-month period; and

4.5.4. The entity has not been subject to disciplinary action by the Board in the immediate preceding 12-month period.

4.6. A replacement qualifier is subject to section 6 of this rule and must submit an affidavit to the Board certifying the same information as was certified by the original qualifier in accordance with subsection 5.4 of this rule.

4.7. An entity’s failure to name a replacement qualifier may result in the removal of the classification from the license or the license being inactivated, except as otherwise provided in 4.5 of this section.

W. Va. Code R. § 28-2-5 License Application; License Renewal; Fees; Waiver of Initial License Fees for Certain Individuals

5.1. Any person desiring to be licensed as a contractor must submit a completed application/affidavit requesting licensure to the Board on forms supplied by the Board and pay the applicable license fee as prescribed in W. Va. Code §30-42-7, §30-42-8, and 5.5 of this section.

5.2. An applicant seeking licensure pursuant to the Universal Licensing Act, in addition to complying with the requirements of 5.1 of this section, must provide satisfactory proof to the Board of his or her qualifications, including the applicant’s compliance with all requirements of W. Va. Code §30-1-27(a) and §30-1-27(b).

5.3. Except as otherwise provided in 5.3.1 and 5.3.2 of this section, all applicants must pass a written examination in each contractor classification for which they seek licensure, as set forth in the Act and section 6 of this rule, and a West Virginia business and law examination.

5.3.1. An out-of-state contractor seeking licensure for bid purposes only must pass only the West Virginia business and law examination in order to qualify for a conditional license.

5.3.2. An applicant seeking licensure pursuant to the Universal Licensing Act must pass only the West Virginia business and law examination.

5.4. A qualifier must submit an affidavit to the Board certifying the use of his or her examination score in order for the entity to obtain an initial license or to add an additional classification to an existing license.

5.4.1. A qualifier who achieves a passing score on a required examination may use the same score to qualify an additional entity in which that individual is also a member of the additional entity’s responsible management.

5.4.2. If a firm closes out one entity in compliance with the business franchise tax provisions of W. Va. Code §11-23-1 et seq., the workers’ compensation provisions of W. Va. Code §23-1-1 et seq., the unemployment compensation provisions of W. Va. Code §21A-1-1 et seq., and the applicable wage bonding requirements of W. Va. Code §21-5-14, a third entity may be licensed using the same examination score.

5.4.3. An entity’s full-time employee who uses a passing score on a required examination to qualify his or her employer for licensure, and who has left the employment of such entity, may use the same score to qualify another entity in which he or she is a member of the responsible management.

5.4.4. A full-time employee may not use the same passing score on a required examination to qualify an additional entity for licensure as a full-time employee of the additional entity.

5.5. Except as provided in 5.5.1, 5.5.2, and 5.5.3 of this section, any person desiring a license must, at the time of application, pay the annual fee of $90, as established by the Board.

5.5.1. A sole proprietorship who engages in business only as an electrical contractor where the sole proprietor/owner holds an electrician’s license issued pursuant to W. Va. Code §29B-3B-1 et seq., and submits proof of licensure to the Board, shall pay an annual fee of $20.

5.5.2. An applicant who seeks a low-income initial fee waiver pursuant to W. Va. Code §30-1-23 shall submit an affidavit to the Board certifying that the applicant qualifies as a low-income individual as defined in W. Va. Code §30-1-23(a)(2) and W. Va. Code §21-1C-2. After the initial fee waiver, the applicant shall pay an annual fee of $90 upon license renewal.

5.5.3. An applicant who seeks a military family initial fee waiver pursuant to W. Va. Code §30-1-23 shall submit an affidavit to the Board certifying that the applicant qualifies as a military family as defined in W. Va. Code §30-1-23(a)(3). After the initial fee waiver, the applicant shall pay an annual fee of $90 upon license renewal.

5.6. The holder of a valid license may renew the license on or before its expiration date by submitting a renewal application on forms provided by the Board, paying the appropriate fee as set forth in W. Va. Code §30-42-8(b) and 5.5 of this section, and upon verification by the Board that the license holder is in compliance with W. Va. Code §30-42-5(e). If the renewal application is received or postmarked more than 15 calendar days after the license’s expiration date, the applicant must pay, in addition to the annual renewal fee, a penalty fee of $25. The Board shall provide each license holder with a renewal notice at least 30 calendar days in advance of the license’s expiration date.

5.7. A duplicate license may be issued by the Board to a license holder upon receipt of a written request from the license holder. The Board may charge a fee of $10 for each duplicate license issued.

W. Va. Code R. § 28-2-6 Examination Required

6.1. Any person desiring a license under the provisions of the Act and this rule must take the examinations required by the Board and receive a score of at least 70% on each examination in order to qualify for a license. Any person who does not receive a score of at least 70% may apply for re-examination at the next regular examination session.

6.2. The Board shall provide examinations for each of the following classifications:

6.2.1. Concrete contractor;

6.2.2. Electrical contractor;

6.2.3. Excavation contractor;

6.2.4. General building contractor;

6.2.5. General engineering contractor;

6.2.6. Heating, ventilating, and cooling contractor;

6.2.7. Manufactured home installation contractor;

6.2.8. Masonry contractor;

6.2.9. Multifamily contractor;

6.2.10. Piping contractor;

6.2.11. Plumbing contractor;

6.2.12. Remodeling and repair contractor;

6.2.13. Residential contractor;

6.2.14. Sprinkler and fire protection contractor;

6.2.15. Structural steel erection contractor;

6.2.16. Utilities contractor; and

6.2.17. Any other specialty classifications as the Board determines warrant examination.

6.3. The Board shall arrange for examinations to be given as frequently as it considers necessary. The Board will make available to all applicants, upon request, an annual schedule of examination dates and locations. The Board shall notify all applicants of the date, place, and time of examination at least 15 calendar days before the scheduled date.

6.4. The applicant must provide the name of each qualifier, examination score, and proof of relationship for each classification selected on the application/affidavit. Examinations shall be made available by a private testing agent approved and certified by the Board to conduct the examinations. Examination fees will be charged for each classification examination requested and are the responsibility of the individual applicant. An applicant must pay all examination fees directly to the approved testing agent.

W. Va. Code R. § 28-2-7 Cease and Desist Orders

7.1. Upon a determination that a person is engaged in contracting business in this state without a valid license, the Board shall issue a cease and desist order requiring that person to immediately cease all operations in this state. The person can immediately engage in contracting business upon issuance of a license. After an administrative hearing, as provided in section 8 of this rule, the Board may impose a penalty of not less than $200 nor more than $1,000 upon any person engaging in contracting business in this state without a valid license.

7.2. The Board shall provide for a hearing before a penalty is assessed.

W. Va. Code R. § 28-2-8 Administrative Hearings; Appeals

8.1. Any person adversely affected by any action of the Board, other than an action taken by the Board as the result of any administrative hearing conducted before the Board, may appeal to the Board within 60 calendar days of the action: Provided, That appeals from disciplinary actions shall follow the time frame of W. Va. Code §30-42-15(e). The Board shall hear the appeal within 30 calendar days from the receipt of notice of appeal in accordance with the provisions of W. Va. Code §29A-5-1 et seq. Within five days of receipt of a request for hearing, the Board shall provide a notice containing the date, time, and place of the hearing and a short and plain statement of the matters asserted.

8.2. The Board may employ a hearing examiner to conduct the hearings and present proposed findings of fact and conclusions of law to the Board for its action.

8.3. The Board shall provide a written final decision to the aggrieved person within 30 calendar days of the close of hearing. The Board’s final decision is subject to judicial review as provided by W. Va. Code §29A-5-4. Any appeal must be filed with the Intermediate Court of Appeals as provided in W. Va. Code §51-11-1 et seq.

Series 04 Written Contracts for Services

W. Va. Code R. § 28-4-1 General

1.1. Scope. -- This procedural rule establishes minimum requirements that a licensee must include in a written contract for construction projects with an aggregate value of $10,000 or more. Pursuant to its responsibilities as set forth in W. Va. Code §30-42-10(c), the Board has adopted a written contract form, attached to this rule as Appendix A, which can be downloaded from the Division of Labor’s website and/or the Board’s website. A licensee may modify the provisions of the contract form as needed, as long as the modified contract includes the required provisions set forth in section 4 of this rule.

1.2. Authority. -- W. Va. Code §30-42-10(c).

1.3. Filing Date. -- October 7, 2021.

1.4. Effective Date. -- November 5, 2021.

W. Va. Code R. § 28-4-2 Definitions

In addition to the definitions in this section, the definitions in W. Va. Code §30-42-3 are incorporated herein by reference.

2.1. “Act” means the West Virginia Contractor Licensing Act, W. Va. Code §30-42-1 et seq.

2.2. “Aggregate value” means the total combined cost of materials and labor for an entire construction project, including the cost of materials and labor furnished by a licensee and subcontractors, and the cost of materials furnished by the owner, if any.

2.3. “Board” means the West Virginia Contractor Licensing Board and its authorized representatives.

2.4. “Construction project” means the entire undertaking as defined in 2.10 of this section.

2.5. “Contracting work” means and includes submitting a bid to perform construction work for another, the furnishing of work, or both materials and work, for another (by a sole contractor, general contractor, prime contractor, or subcontractor) in fulfillment of a contract for the construction, alteration, repair, decoration, or improvement of a new or existing building or structure, or any part thereof, or for the alteration, capital improvement, or development of real property, or performing activity governed by any or all state building codes and the National Fire Protection Association Code and the National Electrical Code or its successor. The terms “contractor” and “contracting” are synonymous.

2.6. “Days” means business days unless otherwise stated.

2.7. “License” means a license to engage in business in this state as a contractor in one of the classifications set out in the Act and 28 CSR 2.

2.8. “Licensee” means the person to whom a license is issued. As used in this rule, “licensee” also means the principal or general contractor.

2.9. “Owner” means the person for whom the licensee performs contracting work.

2.10. “Undertaking” means the entire construction project, including the cost of all labor and materials required to accomplish it.

W. Va. Code R. § 28-4-3 Written Contracts Required

Pursuant to the provisions of W. Va. Code §30-42-10(b), prior to performing contracting work on a construction project with an aggregate value of $10,000 or more, a licensee shall have a written contract with an owner and with any subcontractor that the licensee hires to work on the project.

W. Va. Code R. § 28-4-4 Contract Form; Required Contract Provisions; Required Change Orders; Suggested Contract Provisions

4.1. While there is no required format for a written contract, the written contract shall include at least the following provisions:

4.1.1. The licensee’s name and business address;

4.1.2. The owner’s name, address, and construction project address or location if different from the owner’s address;

4.1.3. A description of the work to be performed by the licensee, including a description of the materials to be furnished by the licensee;

4.1.4. A description of the work to be performed by any subcontractors the licensee anticipates hiring, including a description of the materials to be furnished by the subcontractors;

4.1.5. A description of materials the owner intends to furnish, if any;

4.1.6. The total cost of the construction project and the terms of payment, including specification of a payment schedule;

4.1.7. The construction project’s start and completion dates;

4.1.8. A statement requiring the licensee and owner to sign and date a written authorization for any additions, modifications, or changes to the description of work to be performed, to the contract price, or to any other changes to the terms and conditions of the contract;

4.1.9. A statement requiring the licensee and owner to confirm licensee’s disclosure regarding whether licensee has a valid and current general liability insurance policy;

4.1.10. A statement that the licensee will enter into a written contract with any subcontractor that the licensee hires to work on the construction project, and that the written contract between the licensee and subcontractor will include all relevant provisions, terms and conditions, including a statement requiring the licensee, subcontractor, and owner to confirm subcontractor’s disclosure regarding whether subcontractor has a valid and current general liability insurance policy, as the contract between the licensee and owner;

4.1.11. The licensee’s contractor license number and classifications;

4.1.12. A statement that all employees on the project, including employees of any subcontractor, are legally authorized to work in the United States;

4.1.13. The licensee’s workers’ compensation policy number and unemployment insurance account number;

4.1.14. A description of any additional provisions, terms, or conditions of the contract;

4.1.15. Authorized licensee’s signature, printed name, title, date, taxpayer ID number, business telephone number and email address; and

4.1.16. Authorized owner signature, printed name, title, date, email address and telephone number.

4.2. The Board recommends that a licensee include at least the following additional provisions in a written contract:

4.2.1. If any permits or licenses are required for the construction project, specification of who is responsible for obtaining and paying for them;

4.2.2. A description of the licensee’s warranties, if any;

4.2.3. A statement regarding the licensee’s and owner’s responsibilities with regard to liens and lien waivers;

4.2.4. A description of the licensee’s responsibilities for construction site maintenance, storage of equipment, materials and supplies, normal hours of work, and hours of work for loud construction activities; and

4.2.5. A description of the licensee’s responsibilities with regard to any subcontractors that are hired by the licensee.

W. Va. Code R. § 28-4-5 Licensee’s Failure to Execute a Written Contract

A licensee who fails to execute a written contract as required by W. Va. Code §30-42-10(b) and this rule may be subject to disciplinary action by the Board as provided for in W. Va. Code §30-42-15.

W. Va. Code R. § 28-4-6 Licensee’s Obligation to Provide the Board With a Copy of a Written Contract

6.1. Upon request by the Board, a licensee shall submit copies of its written contracts.

6.2. If a licensee fails to submit copies of the requested contracts within 10 days of the Board’s request, the licensee may be subject to disciplinary action by the Board as set forth in W. Va. Code §30-42-15.

W. Va. Code R. § 28-4-7 Exemption of Board of Manufactured Housing Construction and Safety Licensees For the Initial Installation of a HUD-Code Manufactured Home

Licensees of the West Virginia Board of Manufactured Housing Construction and Safety are exempt from compliance with this Board’s written contract requirements for the initial installation of a HUD-Code manufactured home.

APPENDIX A - CONSTRUCTION CONTRACT

This contract is made between ______________________________________________, Licensee, whose Printed Name of Licensee principal place of business is located at _____________________________________________________ Address _______________________________________________, and, Owner, whose address is ________________________ Printed Name of Owner Address ____________________________________________________________________________________________________________________.

1. Work or Construction Project Location (if different from Owner’s address above). __________________________________________________________________________________ Street Address or Location ________________________________, _________________________________________________ County Town or City 2. Services to Be Performed. Describe in detail and attach additional pages if needed.

2A. Licensee will furnish the following materials and equipment and perform the following work: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ____________________________________________________________________________________.

2B. Licensee, at Licensee’s discretion, anticipates hiring subcontractors to furnish the following materials and equipment and perform the following work: ______________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

2C. If the Owner furnishes materials the following conditions will apply: ________________________ _________________________________________________________________________________________________________________________________________________________________________.

2D. Licensee and Owner agree that any additions or modifications to the description of services to be performed must be authorized by a written change order or written addendum and signed and dated by Licensee and Owner.

3. Contract Price.

3A. Licensee and Owner agree that the total cost of materials and work set forth in Article 2A and 2B above is $______________________, ___________________________________________________ Dollar Amount Dollar Amount Written Out ____________________________________________________________________________________________________________________.

3B. Licensee and Owner agree that any additions or deductions from this contract price must be authorized by a written change order or written addendum and signed and dated by Licensee and Owner.

4. Terms of Payment.

Licensee and Owner agree to the following payment schedule:_______________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

5. Construction Project Start Date and Completion Date.

5A. Licensee will start work on ________________, and will complete work by _________________ Date Date 5B. Licensee will promptly notify Owner of any changes to the start or completion date.

6. Permits and Approvals.

Licensee will be responsible for determining which permits are necessary for performing the specified work, and for obtaining and paying for all required permits.

7. Licensee’s Warranties.

7A. Licensee warrants that all work will be completed in a good workman-like manner and in compliance with building codes or other applicable laws or ordinances.

7B. Licensee agrees to correct any defective work at no cost to Owner.

7C. Licensee’s warranty under this section will be in effect for one year from the date of completion of the work.

8. Liens and Lien Waivers.

8A. Licensee represents and warrants that there will be no liens for labor, materials, equipment or appliances against the work covered by this Contract.

8B. Contingent upon payment from Owner, Licensee agrees to hold Owner free and harmless from and against any all liens and claims for labor, materials, equipment, services, or appliances furnished or used in connection with the work covered by this Contract.

8C. To protect Owner against liens being filed by Licensee, subcontractors, and material or equipment suppliers, Licensee agrees that final payment under Section 4 will be withheld by Owner until Licensee presents Owner with lien waivers, lien releases, or receipts acknowledging full payment from each subcontractor and materials and equipment suppliers.

9. Site Maintenance.

9A. Licensee will remove all construction debris from the construction site and leave the premises in “broom clean” condition.

9B. Licensee will perform the work covered by this Contract during the following hours: _________________________________________________________________________________.

9C. Licensee agrees that disruptively loud construction activities will be performed only at the following times: _______________________________________________________________________.

9D. At the end of each day’s work, Licensee’s equipment, materials and supplies will be stored in the following location(s): ____________________________________________________________________ ____________________________________________________________________________________.

10. Subcontractors; Written Contract Between Licensee and Subcontractor.

10A. If Licensee engages subcontractors to perform services as set forth in Section 2B, Licensee will remain ultimately responsible for making sure that all work under this Contract is completed properly.

10B. Licensee warrants that Licensee is responsible for paying any subcontractor engaged to work on this project.

10C. Licensee warrants that any subcontractor engaged to perform work on any part of the project has a current West Virginia Contractor License and is licensed in the proper classification(s) for the scope of work to be performed by the subcontractor.

10D. Licensee warrants that Licensee will enter into a written contract with any subcontractor engaged to perform work under this Contract and that the contract between the Licensee and a subcontractor will include all the relevant terms, provisions and conditions, including Licensee’s, subcontractor’s, and Owner’s confirmation of subcontractor’s disclosure regarding whether subcontractor has a valid and current general liability insurance policy, as this Contract between the Licensee and Owner.

11. Compliance with Federal, State and Local Laws.

11A. Licensee represents and warrants that Licensee is in compliance with all federal, state and local laws applicable to the work to be performed under this Contract.

11B. Licensee warrants that Licensee has a current West Virginia Contractor License and is licensed to perform work in the following classification(s) under the following contractor license number: ____________________________________________________________________________________.

Indicate the classification(s) and Contractor License Number 11C. Licensee warrants that all employees on the project, including employees of any subcontractor, are legally authorized to work in the United States.

11D. Licensee warrants that Licensee’s employees are covered by the following workers’ compensation policy and unemployment insurance account:____________________________________ Workers’ Compensation Policy Number ____________________________________________________________________________________.

Unemployment Insurance Account Number and State (if other than West Virginia) 11.E. Licensee has disclosed to Owner, and Owner has confirmed Licensee’s disclosure, regarding whether Licensee has a valid and current general liability insurance policy.

12. Additional Provisions, Terms and Conditions.

Licensee and Owner agree to the following additional provisions, terms and conditions: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

By their signatures below, the Licensee and Owner agree to be bound by the terms and conditions of this Contract.

The Licensee and Owner shall execute two (2) original Contracts, and two (2) original change orders or addenda, if any, so that the Licensee and the Owner shall each have a signed original Contract, change order or addendum.

LICENSEE:

Authorized Signature Printed Name Title Date Taxpayer ID Number Business Telephone ____________________________________ Email Address OWNER:

Authorized Signature Printed Name Title Date ____________________________________ __________________________________________ Email Address Telephone