Title 2 W. Va. C.S.R.

title-2Title 2 W. Va. C.S.R.Regulation

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Architects Architects

Series 01 Registration of Architects

W. Va. Code R. § 2-1-1 General

1.1. Scope. -- This Rule interprets and implements W. Va. Code §30-12-1 et seq., establishing the Board, and conferring upon it responsibility for registration of architects and the regulation of the practice of architecture.

1.2. Authority. -- W. Va. Code §30-12-1, §30-12-3, §30-12-4 and §30-1-7a.

1.3. Filing Date. – April 6, 2026.

1.4. Effective Date. – June 1, 2026.

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

W. Va. Code R. § 2-1-2 Definitions

2.1. Terms defined in W. Va. Code §30-12-2 have the same meanings when used in this rule unless the context or subject matter clearly requires a different interpretation.

2.2. As used in this rule, the following terms have the following meanings unless the context or subject matter clearly requires a different interpretation:

2.2.1. Applicant -- An individual who has submitted an application for initial registration or registration renewal to the Board.

2.2.2. ARE® -- The current Architect Registration Examination® prepared by NCARB.

2.2.3. AXP - - Architectural Experience Program, as developed and administered by NCARB to earn and record professional experience.

2.2.4. Calendar Year – a 12-month period beginning on January 1 and ending on December 31.

2.2.5. “Certificate,” “license” or “registration” -- means the certificate of registration issued by the Board to registered architects pursuant to W. Va. Code §30-12-1 et seq.

2.2.6. Commercial Structure -- Any privately, corporately, or publicly owned structure used for interchange of goods, commodities, trades, services, education, social relations, entertainment, place of assembly, and/or which may be used by the general public as transient visitors or as employees.

2.2.7. Competence –The knowledge, experience, and skill required by an architect for the practice of architecture in accordance with the accepted standard of care to ensure the public’s health, safety, and welfare.

2.2.8. Continuing Education -- Post-licensure learning in structured educational activities that enables a registered architect to increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture to safeguard the public's health, safety, and welfare.

2.2.9. Continuing Education Hour -- One continuous instructional hour spent in Structured Educational Activities intended to increase the architect’s knowledge and competence in Health, Safety, and Welfare Subjects.

2.2.10. Division -- A unit of the ARE® that tests the applicant’s knowledge of a certain subject area.

2.2.11. Education Requirements -- The education requirements including equivalences established for certification from time to time by NCARB, as accepted by the Board.

2.2.12. Emeritus Architect -- A registrant who has retired from the active practice of architecture and meets the criteria established in this rule.

2.2.13. Examination -- The Architect Registration Examination® (ARE®), prepared by and administered through NCARB, as accepted by the Board.

2.2.14. Felony -- means a felony related to the fitness of an architect to practice architecture, including those crimes that have dishonesty as a fundamental and necessary element. Felonies that, upon conviction, constitute grounds for disciplinary action by the Board include, but are not limited to:

2.2.14.a. False swearing or perjury in a court proceeding related to the applicant’s practice of architecture;

2.2.14.b. Felonies involving theft, bribery, embezzlement, forgery, falsification or destruction of records, fraud or misrepresentation; and

2.2.14.c. Any other felony offense demonstrating a lack of business integrity or business honesty.

2.2.15. Fiscal Year -- a 12-month period beginning on July 1 and ending on June 30.

2.2.16. Health, Safety, and Welfare Subjects -- Technical and professional subjects that the Board considers appropriate to safeguard the public and that are within the following enumerated areas necessary for the proper evaluation, design, construction, and utilization of buildings and the built environment:

2.2.16.a. CONSTRUCTION & EVALUATION: construction contract administration and post-occupancy evaluation of projects: preconstruction activities, construction observation, administrative procedures and protocols, and project closeout and evaluation;

2.2.16.b. PRACTICE MANAGEMENT: management of architectural practice and the details of running a business: business operations, finance, risk and development of practice, practice-wide delivery of services, and practice methodologies;

2.2.16.c. PROGRAMMING & ANALYSIS: evaluation of project requirements, constraints, and opportunities: environmental and contextual conditions, codes and regulations, site analysis and programming, and building analysis and programming;

2.2.16.d. PROJECT DEVELOPMENT & DOCUMENTATION: integration and documentation of building systems, material selection, and material assemblies into a project: integration of building materials and systems, construction documentation, project manual and specifications, codes and regulation, and construction cost estimates;

2.2.16.e. PROJECT MANAGEMENT: management of architectural projects through execution: resource management, project work planning, contracts, project execution, and project quality control; and

2.2.16.f. PROJECT PLANNING & DESIGN: preliminary design of sites and buildings: environmental conditions and context, codes and regulation, building systems, materials, and assemblies, project integration of program and systems, and project costs and budgeting.

2.2.17. Intern -- An individual in the process of satisfying this registration Board’s training requirements for initial registration. This includes graduates from accredited architectural programs, architecture students who acquire acceptable training prior to graduation, and other qualified individuals identified by these regulations.

2.2.18. Multi-family Residential Structure -- Residential structures including apartments, and condominiums having three or more residential units.

2.2.19. NAAB -- The National Architectural Accrediting Board.

2.2.20. NCARB -- The National Council of Architectural Registration Boards.

2.2.21. Principal -- An individual who is (a) a registered architect and (b) in charge of an organization’s architectural practice, either alone or with other registered architects.

2.2.22. Professional negligence -- means negligence demonstrating a wanton indifference to the interests of the public that caused, or that had a substantial likelihood of causing, serious harm to the public. A civil judgment for malpractice in the practice of architecture is not conclusive proof that an architect is guilty of professional negligence sufficient to support the imposition of professional discipline.

2.2.23. Prototypical Building -- Any commercial structure or space within a commercial structure that is intended to be constructed in multiple locations and in fact then has been constructed in multiple locations and which conveys an owner's intended uniform business program, plan, or image.

2.2.24. Prototypical Building Documents -- Technical submissions for prototypical buildings that are prepared by or under the responsible control of an architect then registered in any United States jurisdiction that identify such architect together with the architect's registration number, jurisdiction of registration, and that are marked "Prototypical Design Documents Not for Construction". Prototypical building documents do not comprise a final, comprehensive set of design and construction documents because a prototypical building also requires adaptations for the local conditions, including site conditions and local codes, and may require additional design as well.

2.2.25. Reinstatement -- The process of restoring an architectural registration after either an intervening period of inactive status of between six months and five years or a period of emeritus status of any length.

2.2.26. Renewal -- The process of continuing an active architectural registration from one fiscal year to the next with either no intervening period of inactive status or an intervening period of inactive status of less than six months.

2.2.27. Responsible Control -- A registered architect’s responsibility for exercising the ultimate authority over, and possessing the knowledge and ability to oversee, delegate, and integrate the design and technical decisions related to the preparation of the project’s instruments of service and the project’s implementation in conformance with the standard of care. Other review, or review and correction, of technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the content of such submissions throughout their preparation.

2.2.28. Structured Educational Activities -- Continuing Educational activities in which the teaching methodology consists primarily of the systematic presentation of Health, Safety, and Welfare Subjects by qualified individuals or organizations, including monographs, courses of study taught in person or by distance learning, correspondence, organized lectures, presentations or workshops and other means through which identifiable technical and professional subjects are presented in a planned manner.

2.2.29. “Willful departure from accepted standards of professional conduct” means:

2.2.29.a. Default on obligations owed to the state in connection with the practice of architecture, including but not limited to obligations under the West Virginia workers' compensation act, the West Virginia unemployment compensation act, and West Virginia state tax and revenue laws;

2.2.29.b. Willful failure to substantially perform in accordance with the terms of a contract or subcontract;

2.2.29.c. Performance in violation of standards established by law or generally accepted standards for the practice of architecture amounting to intentionally deficient or grossly negligent performance on a contract;

2.2.29.d. Specification of substandard materials, or design defects amounting to intentionally deficient or grossly negligent performance; or

2.2.29.e. Any other cause of a serious and compelling nature amounting to knowing and willful misconduct in the practice of architecture.

W. Va. Code R. § 2-1-3 General Provisions

3.1. Board Meetings. -- The Board shall hold a minimum of two (2) regular meetings annually as set by the Board. All regular meetings shall be held at a time and place designated by the Board president. Special meetings may be called by the secretary at the direction of the president or upon the written request of any three (3) Board members. All special meetings shall be held at a time and place designated by the board member(s) that called the meeting.

3.2. Election of officers. -- At the last anticipated regular or special meeting during any fiscal year, the Board shall elect from its members a president and a secretary, to take office at the beginning of the next fiscal year, and to hold office until the end of that fiscal year or until their successors have been duly elected.

3.3. Office of the Board. -- The office of the Board shall be at a place and location as designated by the Board.

3.4. Compensation. -- Board members shall be compensated as stipulated by law.

3.5. Seal. -- The Board shall adopt a seal for its own use, inscribed with the words “BOARD OF ARCHITECTS -- WEST VIRGINIA” which it shall maintain in the office of the Board. It shall be used on all certificates, renewal cards and other official documents. The seal shall be applied to all certificates of registration issued by the Board.

3.6. President. -- The president shall preside at all meetings and he or she shall appoint any necessary committees, sign all certificates of registration and renewal cards issued and sign all minutes after approval. The president may issue a call for special meetings through the secretary. In the event the president is unable to attend a regular or special meeting, the president shall designate a Board member to serve as presiding officer or in the absence of a designation by the president, a quorum of Board members may choose a presiding officer.

3.7. Secretary. -- The secretary shall conduct all duties as prescribed by law. These duties may be performed with the assistance of employed personnel as required.

3.8. Order of Business. -- The order of business shall be as stipulated in Robert’s Rules of Order.

3.9. Quorum. -- Four (4) Board members constitute a quorum, but action shall not be considered to have been taken on any matter unless there are three (3) votes in accord.

3.10. Certificates of Registration. -- The Board shall issue certificates of registration to a qualified applicant for registration or reciprocal registration upon payment of the required fee established by Board of Architects rule, Fees for Registration of Architects, 2 C.S.R. 03. An applicant is qualified when he or she meets the qualifications set forth in W. Va. Code §30-12-4 and this rule.

3.11. Public Information.

3.11.1. The Board shall maintain a roster of registered architects, which is open to public inspection, and which shall show each registered architect’s name, certificate of registration, and last mailing address provided to the Board.

3.11.2. The following documents shall not be treated as a public record pursuant to W. Va. Code §29B-1-1 et seq., or otherwise disclosed to an applicant or any other member of the public:

3.11.2.a. The ARE® and all documents relating to the grading, content, administration, or security thereof;

3.11.2.b. Letters of recommendation;

3.11.2.c. Social Security numbers; and

3.11.2.d. All documents exempt from disclosure by the provisions of W. Va. Code §29B-1-4.

3.12. Prohibition of Improper Contacts. -- Prior to the filing of an application for registration or the commencement of any disciplinary action, and after final Board action on an application or disciplinary action, verbal and written communication with individual Board members or the Board staff shall be freely permitted; provided, however, that in no event is any member of the Board or its staff authorized to give any indication of what specific action the Board may take upon the merits of any application or disciplinary action. General advice, however, may be given as to the manner of completing or submitting applications, the procedures to be followed in processing applications or responding to disciplinary actions and the nature of the standards applied by the Board in evaluating applications or disciplinary actions. While an application for registration or enforcement proceeding is pending before the Board, an applicant or licensee may not initiate any written or oral communication with individual Board members concerning the matter. All inquiries shall be made orally or in writing to the Board staff or in writing to the Board.

3.13. Availability of Forms. -- Any forms prepared in accordance with this rule are available electronically on the Board’s web site or a printed copy by mail or an electronically transmitted copy upon request to the Board.

W. Va. Code R. § 2-1-4 Applications for Registration

4.1. Submission of Applications. -- An applicant for a certificate of registration shall submit an application to the Board on a form prescribed by the Board accompanied by the non-refundable filing fee established by Board of Architects rule, Fees for Registration of Architects, 2 C.S.R. 03.

4.2. Supplemental Material. -- Material submitted to supplement any previously filed application shall include copies of the originally submitted application and all material filed with that application.

W. Va. Code R. § 2-1-5 Registration Standards. 5.1 To be eligible for a certificate of registration, other than pursuant to §2-1-6 of this rule, an applicant shall meet the following requirements:

5.1.1. Be judged capable by employers or registered architects of abiding by the Board’s Rules of Professional Conduct found in §2-1-9 of this rule.

5.1.2. Hold a professional degree in architecture from a degree program that has been accredited by the NAAB (or an equivalent foreign organization recognized by NCARB under a reciprocal agreement) not later than two (2) years after the last date the applicant was enrolled in the degree program, or have satisfied the NCARB Education Standard through Education Evaluation Services for Architects (ESSA) administered by the National Architectural Accrediting Board (NAAB).

5.1.3. Meet all training requirements under the AXP system as stipulated by NCARB.

5.1.3.a. The Board may consider experience gained in the Armed Services as a substitution for the Experience Requirement (AXP) if the Board considers the experience to be equivalent to or better than the registration requirements. Experience gained in the Armed Services shall be of a character equivalent to that which would have been gained in the civilian sector performing similar work. A good indicator of equivalence is that the applicant while in the Armed Services served in an architectural or engineering capacity. The burden shall be on the applicant to show by clear and convincing evidence the equivalency or better of such other experience. Applicants seeking to have applicable military service acknowledged as part of the experience requirement must provide evidence of honorable discharge by a DD214 which also ensures a waiver of initial registration fees.

5.1.4. Have passed the ARE® in accordance with the NCARB pass/fail standards current at the time the applicant took the Examination.

5.2. Prior to granting a certificate of registration, the Board may require substantiation of the quality and character of the applicant’s experience, notwithstanding the fact that the applicant has complied with the technical registration requirements set forth in this section.

W. Va. Code R. § 2-1-6 Reciprocal Registration

6.1. Reciprocal Registration of NCARB Certificate Holders. -- An applicant who holds a current and valid certification issued by the NCARB, and submits satisfactory evidence of that certification to the Board shall be registered without the necessity of complying with the provisions of subdivision 5.1.1. of this rule if he or she:

6.1.1. Holds a current and valid registration issued by a registration authority recognized by the Board, and submits satisfactory evidence of that registration to the Board; and

6.1.2. Files a completed West Virginia Board of Architects application form as prescribed by the Board containing information satisfactory to the Board concerning the applicant, and pays the applicable fee established by the Board.

6.2. Reciprocal Registration of Non-NCARB Certificate Holders -- The Board may award reciprocal registration to an applicant who meets the requirements of subdivisions 6.1.1 and 6.1.2 of this rule and:

6.2.1. Who has passed the ARE®; and

6.2.2. Who has completed three years of practical experience after registration as an architect in any states or jurisdictions recognized by NCARB. Practical experience after registration shall be through employment either (1) as a practicing registered architect in responsible charge of his or her work in another state or jurisdiction, or (2) as a registered architect under the direct supervision of a another registered architect in any state or jurisdiction.

6.3. Reciprocal Registration of Architects who Establish Residence in West Virginia -- An applicant shall be registered by the Board without the necessity of complying with the provisions of section five of this rule if the applicant: 6.3.1 Establishes residence in this state; and 6.3.2 Submits satisfactory evidence to the Board that the applicant meets the requirements of W. Va. Code §30-1-27.

6.4. Reciprocal Registration of Military Spouses – An applicant shall be registered by the Board without the necessity of complying with the provisions of section five of this rule if the applicant:

6.4.1. Is married to an active-duty member of the armed forces of the United States;

6.4.2. Has accompanied that member to an official permanent change of station to a military installation located in this state; and 6.4.3 Submits satisfactory evidence to the Board that the applicant meets the requirements of W. Va. Code §30-1-27.

W. Va. Code R. § 2-1-7 Examination

7.1. Nature of Examination. -- The Examination used by the Board to determine eligibility for registration is the current ARE®, as accepted by the Board.

7.2. Frequency of Examination. -- The Board shall follow NCARB’s policies on scheduling and retaking the Examination.

7.3. Conditions of Examination.

7.3.1. An applicant may take the examination at any NCARB-approved test center, whether or not it is located within the state of West Virginia.

7.3.2. The Board shall accept the pass/fail determination of NCARB as the result of the examination, and shall report the result to the applicant.

7.3.3. If there is any alleged misbehavior on the part of an applicant in connection with taking the examination, the Board shall investigate the allegation, and if determined to be true, the Board shall take appropriate disciplinary action pursuant to 2 C.S.R. 02, Disciplinary and Complaint Procedures for Architects. Misbehavior may include, without limitation, violation of NCARB's guidelines or policies, or an applicant's confidentiality agreements with respect to the examination.

7.3.4. The Board, in its discretion, may forward to any other United States or Canadian architectural registration board or NCARB, or may receive from any other such board of NCARB the grades achieved by an applicant in the various divisions of the ARE for the respective purposes of evaluating such applicant’s eligibility for registration or permitting NCARB to evaluate such applicant’s eligibility for NCARB certification. Any applicant making such a request shall state his or her reason for requesting transfer. Such transfer to another jurisdiction shall terminate the applicant’s initial application pending before the Board of such other transmitting jurisdiction as the case may be.

W. Va. Code R. § 2-1-8 Registration

8.1. Issuance -- When the Board has determined that an applicant for registration has satisfied the registration standards set forth in this rule, the Board shall issue a certificate of registration containing the registered applicant’s name and registration number.

8.2. Duration -- Each registration issued by the Board is valid for one (1) fiscal year. Active registration may be verified electronically on the Board’s web site.

8.3. Renewal. -- A registered architect may renew his or her registration in accordance with W. Va. Code §30-12-5. An application shall be available electronically or by mail upon request by registrant.

8.4. Continuing Education -- In addition to all other requirements for registration renewal, a registered architect must complete the required Continuing Education each calendar year, or be exempt from these requirements as provided below. For renewals starting in a fiscal year, the Continuing Education Hours from the previous calendar year shall apply. Failure to comply with these requirements will result in non-renewal of the architect's registration.

8.4.1. Continuing Education Requirements. -- A registered architect shall acquire 12 Continuing Education Hours for each calendar year since his or her last renewal or initial registration, as the case may be, or be exempt from these continuing education requirements, as provided in this subsection. All 12 Continuing Education Hours shall be obtained in Health, Safety, and Welfare Subjects acquired in Structured Educational Activities. Each registrant shall be responsible for maintaining their own record of completed Continuing Education Hours for a minimum of the previous two calendar years.

8.4.2. A registered architect may not carry over Continuing Education Hours acquired for any calendar year to a subsequent calendar year. The registered architect may acquire the Continuing Education Hours within any jurisdiction.

8.4.3. Audit Reporting and Record Keeping. -- The Board shall verify compliance with Continuing Education requirements by auditing five percent of registrants, selected randomly by the Board. A registrant that has been selected for audit shall complete and submit on forms prescribed or accepted by the Board certifying that he or she has acquired the required Continuing Education Hours. The information provided on these forms shall be audited by the Board for verification of compliance with the requirements. If the registered architect is deficient in meeting the required Continuing Education Hours, or if the Board disallows any Continuing Education Hours claimed in good faith, the architect has 60 calendar days from notice of the non-compliance to provide evidence of completion of Continuing Education Hours equal to the deficiency or disallowance. If the architect remedies the non-compliance by acquiring and reporting new Continuing Education Hours, those hours may not also be used to satisfy the requirement for the next reporting period. If the Board finds, after proper notice and hearing, that the architect willfully disregarded these requirements or falsified documentation of required Continuing Education Hours, the architect may be subject to disciplinary action.

8.4.4. -- The Board shall follow W. Va. Code §30-1B-1 et seq. and other laws regarding continuing education for licensees on active duty in the United States military and their spouses to the extent applicable and appropriate.

8.4.5. Exemptions. An architect is not subject to the requirements of subdivision 8.4.1, 8.4.2 and 8.4.3 of this subsection if:

8.4.5.a. -- The architect has been granted inactive or Emeritus status by the Board and is not engaged in the practice of architecture; or

8.4.5.b. -- The architect otherwise meets all renewal requirements and is called to active United States military service for a significant period of time, is ill or disabled for a significant period of time or can demonstrate to the Board another similar hardship.

8.5. Not Transferable. -- A registration is not transferable.

8.6. Denial, Revocation, Suspension, Cancellation or Non-Renewal of Registration. -- In the event of the denial, revocation, cancellation, suspension or non-renewal of any certificate of registration, the registered architect shall immediately discontinue the Practice of Architecture in this jurisdiction and return his or her certificate of registration to the Board. The applicant or licensee may appeal the Board’s decision. The Board shall conduct an appeal pursuant to W. Va. Code §30-12-8, §30-12-9 and §30-1-8.

8.7. Renewal. -- The terms of renewal of a registration shall be in accordance with the Board’s rule, Fees for Registration of Architects, 2 C.S.R. 03, W. Va. Code §30-12-5, and the applicable portions of W. Va. Code §30-12-9.

8.7.1. The Board shall issue notices for renewal of registration to all active registrants not later than the first day of June of each year.

8.7.2. The maximum period of inactive status for which a registration may be renewed is six months from the renewal date, after which time the inactive registrant may seek reinstatement of their registration.

8.8. Reinstatement. -- The terms of reinstatement of a registration shall be in accordance with the Board’s rule, Fees for Registration of Architects, 2 C.S.R. 03, W. Va. Code §30-12-5, and the applicable portions of W. Va. Code §30-12-9. The maximum period of inactive status for which a registration may be reinstated is five years after the renewal date, after which time the inactive registrant may seek a new registration in accordance with sections 4 through 8 of this rule.

8.9. Practice prohibition. -- An architect who does not renew his or her registration is placed on inactive status and may not practice architecture in the state of West Virginia.

8.10. Emeritus Status -- Registrants who are retired from the active practice of architecture and who are 65 years of age or older may request emeritus status by filing the application showing compliance with this section. A registrant that has been granted emeritus status may use the title “Architect” but may not practice architecture as defined in W. Va. Code §30-12-2(5). Emeritus status licensees are exempt from continuing education requirements. Additionally, the Board may grant a registrant who has become incapacitated emeritus status regardless of age.

8.10.1. Emeritus status registrants may be reinstated to the active practice upon proper application and completion of 12 Continuing Education Hours in accordance with subdivisions 8.4.1 and 8.4.2 of this rule within the 12 months prior to application for reinstatement.

8.10.2. Fees required -- An Emeritus licensee seeking reinstatement to active practice shall pay a fee equal to the annual renewal fee.

W. Va. Code R. § 2-1-9 Rules of Professional Conduct

9.1. Competence.

9.1.1. In engaging in the practice of architecture, a registered architect's primary duty is to protect the public's health, safety, and welfare. In discharging this duty, a registered architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which are ordinarily applied by registered architects of good standing, practicing in the same locality.

9.1.2. In designing a project, a registered architect shall take into account all applicable state, county, and municipal building laws and rules and ordinances. While a registered architect may rely on the advice of other professionals (e.g., attorneys, engineers and other qualified persons) as to the intent and meaning of these laws and rules and ordinances, once having obtained their advice, a registered architect shall not knowingly design a project in violation of those laws and rules and ordinances.

9.1.3. A registered architect shall undertake to perform professional services only when he or she, together with those whom the registered architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved. The Practice of Architecture shall include the coordination of any elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers and landscape architects. The practice of architecture shall not include the practice of engineering as defined in W. Va. Code §30-13-3(e), but an architect may perform such engineering work as is incidental to the practice of architecture and for which the architect, through education, training, or experience, is competent to perform.

9.1.4. No individual shall be permitted to engage in the practice of architecture if, in the Board’s judgment, the individual’s professional competence is substantially impaired by physical or mental disabilities.

9.2. Conflict of Interest.

9.2.1. A registered architect shall not accept compensation for his or her services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by the architect and all interested parties. The disclosure and agreement shall be in writing.

9.2.2. If a registered architect has any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with the performance of professional services, the registered architect shall fully disclose in writing to his or her client or employer the nature of the business association or financial interest. If the client or employer objects to the association or financial interest, the registered architect shall either terminate the association or interest or offer to give up the commission or employment.

9.2.3. A registered architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products. As used herein, 'compensation' shall not mean customary and reasonable business hospitality, entertainment, or product education.

9.2.4. When acting as the interpreter of building contract documents and the judge of contract performance, a registered architect shall render decisions, impartially, favoring neither party to the contract.

9.3. Full Disclosure.

9.3.1. A registered architect, making public statements on architectural questions, shall disclose when he or she is being compensated for making the statements or when the architect has an economic interest in the issue.

9.3.2. If any representation is made by a registered architect to a prospective or existing client or employer with respect to his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit, such representations must be accurate. If any representation is made by a registered architect employing and/or directing other registered or non-registered individuals when representing their firm to a prospective client, any such representations concerning the title, position, qualification, and experiences of these individuals shall be accurate. This includes accurately representing the scope of these individuals’ responsibilities in connection with work on projects by these individuals while employed at previous and current employers.

9.3.3. If, in the course of his or her work on a project, a registered architect becomes aware of a decision made by his or her employer or client, against his or her advice, which violates applicable state or municipal building laws and rules or ordinances which will, in the registered architect’s judgment, materially and adversely affect the safety to the public of the finished project, the registered architect shall:

9.3.3.a. Report the decision to the local building inspector or other public official charged with the enforcement of the applicable state, county, or municipal building laws and rules and ordinances;

9.3.3.b. Refuse to consent to the decision; and

9.3.3.c. In circumstances where the registered architect reasonably believes that other similar decisions will be made notwithstanding his or her objections, terminate his or her services with respect to the project unless the architect is able to cause the matter to be resolved by other means. If the registered architect terminates his or her services he or she has no liability to his or her client or employer on account of the termination.

9.3.4. A registered architect shall not deliberately make a materially false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with his or her application for a registration or renewal thereof or otherwise lawfully requested by the Board.

9.3.5. A registered architect shall not assist the application for registration of an individual known by the registered architect to be unqualified in respect to education, training, or experience.

9.3.6. A registered architect possessing knowledge of a violation of the provision set forth in subdivisions 9.1 through 9.7 of this rule by another registered architect shall report that knowledge to the Board.

9.4. Compliance with Laws.

9.4.1. A registered architect shall not, in the conduct of his or her practice, knowingly violate any state or federal criminal law.

9.4.2. A registered architect shall neither offer nor make any payment or gift to a government official, whether elected or appointed, with the intent of influencing the official’s judgment in connection with a prospective or existing project in which the registered architect is interested. Political campaign contributions in accordance with state law are exempted from this requirement.

9.4.3. A registered architect shall comply with the registration laws and rules governing his or her professional practice in this state and other jurisdictions in which he or she practices. An architect may be subject to disciplinary action if he or she was disciplined in another jurisdiction in the United States where the grounds for discipline are substantially similar to those in West Virginia.

9.5. Professional Practices.

9.5.1. Each office in West Virginia maintained for the preparation of architectural drawings, specifications, reports or other technical submissions shall have a registered architect regularly employed and residing in that office having responsible control of all work.

9.5.2. A registered architect may sign and seal technical submissions, as defined in W. Va. Code §30-12-2(8), only if the technical submissions, were:

9.5.2.a. prepared by such architect;

9.5.2.b. prepared by persons under such architect's responsible control;

9.5.2.c. prepared by another registered architect if the signing and sealing architect has reviewed the other architect's work and either has coordinated the preparation of the work or has integrated the work into his or her own technical submissions; or

9.5.2.d. prepared by another architect registered in any United States jurisdiction and holding a current and valid certification issued by NCARB and the signing and sealing architect has reviewed the other architect's work and has integrated the work into his or her own technical submissions. 9.5.3 A registered architect may include prototypical building documents in technical submissions provided that:

9.5.3.a. The prototypical documents were prepared by an architect licensed in any NCARB member jurisdiction; and

9.5.3.b. The registered architect modifies the prototypical building documents to comply with the requirements of West Virginia; and

9.5.3.c. The registered architect signs and seals the modified prototypical documents. 9.5.4 A registered architect may also sign and seal drawings, specifications, or other work which is not required by law to be prepared by an architect if the architect has reviewed such work and integrated it into his or her own technical submissions.

9.5.5. Any registered architect signing or sealing technical submissions integrating the work of another architect into the architect’s own work shall maintain and make available to the Board upon request for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the registered architect's control over and detailed knowledge and review of such technical submissions throughout their preparation, and demonstrating that such review and integration met the required professional standard of care.

9.5.6. A registered architect shall neither offer nor make any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the registered architect is interested.

9.5.7. A registered architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.

9.5.8. An architect shall not make misleading, deceptive or false statements or claims.

9.6. Design and Use of Architect’s Seal.

9.6.1. Pursuant to W. Va. Code §30-12-7 and subject to subsection 8.5 and subdivision 9.5.2 of this rule, each registered architect shall procure a seal, as shown in figure A.

Figure A (not to scale)

9.6.2. The registered architect shall imprint as required by W. Va. Code §30-12-7, the architect’s seal on all technical submissions.

9.6.2.a. Affixing of Seal

9.6.2.a.1. The seal shall be affixed on the index sheet of each set of drawings; when no index sheet is included then the seal shall be affixed on each sheet individually. When multiple registrants or consultants contributed to the preparation of the technical submission, each registrant shall seal that part of the work under his or her responsible control either on the index sheet or on each sheet individually.

9.6.2.a.2. The seal shall be affixed on the index sheet of each set of specifications. When multiple registrants or consultants contributed to the preparation of the specifications, each registrant shall seal that part of the index indicating work under their responsible control.

9.6.2.a.3. The seal shall be affixed on the cover or index sheet of all other technical submissions

9.6.2.b. Rubber stamp, embossed, transparent self-adhesive, electronic or digital seals may be used. Original manual, electronic or digital signatures may be used. A signature and date are required with the seal application. The signature (manual, electronic, or digital as defined below) of the registrant and the date of the signature shall be affixed to all technical submissions.

9.6.2.b.1. A manual signature is the handwritten name of the registrant applied to a document that identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document, and provides for accountability for the contents of the document.

9.6.2.b.2. For electronic or digital documents transmitted to others in their native format (e.g. AutoCAD, Revit, Word, or Excel), a digital signature with an electronic authentication process attached to or logically associated with the document must be as follows:

9.6.2.b.2.A. unique to the person using it; and

9.6.2.b.2.B. capable of verification; and

9.6.2.b.2.C. under the sole control of the person using it; and

9.6.2.b.2.D. linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.

9.6.2.b.3. For electronic or digital documents transmitted to others in a PDF or similar format that has modified the native file so that it is not easily altered, an electronic (scanned) signature is acceptable if it is an accurate depiction of the licensee’s actual signature. It is the responsibility of the architect sealing the document to provide adequate security when documents with electronic seals or signatures, or both, are distributed.

9.6.2.c. The registrant shall superimpose his or her signature and date across the face and beyond the circumference of the seal on all required documents. The documents bearing this signature may be reproduced for distribution.

9.6.3. The seal, appearing on any technical submission, is prima facie evidence that the technical submission was prepared by or under the direct supervision of the individual named on seal.

9.7. Amendments to Rules. -- Proposed amendments to the Rules of Professional Conduct must be adopted by unanimous vote of the Board members at any meeting at which there is a quorum present. The Board shall issue a notice of each proposed amendment to each member at least ten (10) days prior to the date of the meeting at which they are to be considered. Proposed amendments are subject to the rule making process as set forth in W. Va. Code §29A-3-1 et seq.

W. Va. Code R. § 2-1-10 Causes for Denial, Suspension or Revocation of Registration, or other Disciplinary Action

The Board may deny an application for registration; suspend a registration for a specific period of time; revoke or annul a registration issued by the Board; or impose a civil penalty on an architect in an amount not more than two thousand dollars for each violation, upon satisfactory proof that an applicant or architect has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct, or has violated the provisions of W. Va. Code §30-1-8, W. Va. Code §30-12-1 et seq., or the Rules of the Board. Notwithstanding the above, applications for initial registration for licensure involving an applicant with a prior criminal conviction shall be evaluated by the Board in accordance with the applicable provisions of W.Va. Code §30-1-24.

Series 02 Disciplinary and Complaint Procedures for Architects

W. Va. Code R. § 2-2-1 General

1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against architects.

1.2. Authority. -- W. Va. Code §§30-12-1 et seq. and 30-1-1 et seq.

1.3. Filing Date. -- October 6, 2023.

1.4. Effective Date. -- November 8, 2023.

W. Va. Code R. § 2-2-2 Application

This rule applies to all persons registered or seeking registration to practice architecture pursuant to W. Va. Code §30-12-1 et seq.

W. Va. Code R. § 2-2-3 Definitions

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

3.1. “Applicant” means a person who has submitted an application for initial registration or registration renewal to the Board.

3.2. “Architect” means a person who engages in the practice of architecture as defined in W. Va. Code §30-12-2.

3.3. “Board” means the West Virginia Board of Architects.

3.4. “Certificate,” “license” or “registration” means the certificate of registration issued by the board to registered architects pursuant to W. Va. Code §30-12-1 et seq.

3.5. “Investigator” means a member or staff member of the board, or a licensed architect, attorney, paralegal, or present or former law enforcement officer hired or authorized by the Board, who is assigned the duty to make a preliminary evaluation of a complaint and to ascertain and report to the Board factual information related to a complaint against an architect.

3.6. “NCARB” means the National Council of Architectural Registration Boards.

W. Va. Code R. § 2-2-4 Disposition of Complaints

4.1. Any person aggrieved by the acts of an architect may make initial inquiry to the board by letter or telephone. The board shall make and keep a record of the date and time of telephone calls making inquiry related to a complaint, together with a notation of the date a complaint form was mailed, but a complaint must be reduced to writing and received by the Board before it is considered as filed.

4.2. Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges an architect with a violation of W.Va. Code §30-1-8, W. Va. Code §30-12-1 et seq. or of the Rules of the Board. The Board may provide a form for that purpose, but a complaint may be filed in any written form so long as it contains substantially the same information. In addition to a written narrative describing the matter complained of, the complaint should contain the following:

4.2.1. The name, address and telephone number of the person making the complaint;

4.2.2. The name, address and telephone number of the architect against whom the complaint is lodged;

4.2.3. Information as to whether there was a contract or letter of agreement with the architect relevant to the matters charged in the complaint. If there was a contract or letter of agreement, a copy should be submitted as an attachment.

4.2.4. An attachment submitting any additional documents in the possession of the complainant relevant to the matters charged in the complaint.

4.3. A member of the Board may file a written complaint against an architect based on matters within the personal knowledge of the Board member, matters disclosed by records within the possession of the Board, matters of public record that constitute grounds for disciplinary action, or upon information received through investigative activities undertaken by the Board following a telephone report by an aggrieved person. A member of the Board who files a written complaint may not participate in final deliberations or vote on the final disposition of the case, unless it is clear and the Board determines from written and oral statements that the complaint is filed as a matter of form, that the member has not prejudged the case, that only unproven allegations are intended in the complaint, and that the member filing the complaint has reached no conclusion based on the mere assertion of the charge.

4.4. 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.

4.5. The Board shall maintain a detailed log book that assigns to each complaint received and filed a Board identification number, records the date the complaint was received, and follows the matter to disposition.

4.6. The board shall keep an active case file status sheet showing the date of each action on a complaint together with explanatory comments.

4.7. The Board shall maintain a separate file on each complaint received and filed, and each file shall have a number assigned to it.

4.8. Upon receipt of a complaint, initial review and preliminary evaluation, the Board shall send a complaint acknowledgment to the complainant stating:

4.8.1. That the matter will be reviewed by the Board;

4.8.2. That the complaint is outside the jurisdiction of the Board, or fails to state sufficient grounds to support any disciplinary action by the Board; or

4.8.3. That more information will be required in order to adequately review the individual complaint. The Board may include in its complaint acknowledgment a request for additional relevant information from the complainant.

4.9. If it is summarily determined upon receipt that the complaint is outside the jurisdiction of the Board, or fails to state sufficient grounds to support any action by the Board, the Board shall retain a copy of the complaint together with the form of acknowledgment to the complainant and a notation in the complaint log that the complaint was summarily dismissed prior to filing, but the complaint will not be assigned a file number and the complaint will not be considered filed. Copies of complaints summarily dismissed prior to filing shall be made available to any member of the Board upon request or at the next regular meeting of the Board.

4.10. Unless it is summarily determined upon receipt that the complaint is outside the jurisdiction of the Board, or fails to state sufficient grounds to support any action by the Board, the Board shall send by certified mail a copy of the complaint including any supporting documentation, and a Notice of alleged violation, to the architect for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so. If the architect against whom the complaint is made fails to respond to a Notice of alleged violation, the Board may issue an Order to show cause why disciplinary action is should not be imposed, in which case the architect against whom a complaint is made has the right to a hearing.

4.11. A complaint and Notice of alleged violation sent to registered architects or applicants for certification or renewal of certification are properly served when sent to their last known address. It is the responsibility of the registered architect or applicant for registration to keep the Board informed of his or her current address.

4.12. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 4.8.2 of this rule, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board.

4.13. At any point in its investigation of a complaint the Board may, at its discretion, assign or reassign the matter to an investigator to ascertain additional facts and report to the Board.

4.14. Upon receipt of a complaint the investigator shall, within sixty (60) days, review and investigate the same and provide the Board with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint, the records reviewed and a statement of the investigator’s findings and recommendations. The investigator shall, upon request, be afforded an opportunity to interview any person having knowledge of the matter complained of. The investigator’s report and any statements of witnesses shall be placed in the complaint file.

4.15. At any time after a complaint is received and before the Board enters an order disposing of the complaint, the architect against whom the complaint is made may request an informal conference before the Board. The Board or the committee may also request the architect against whom the complaint is made, and any other person, to attend an informal conference, or to appear at a regular meeting of the Board, in order to facilitate the disposition of a complaint, dispose of procedural issues or prehearing motions, or simplify or settle issues to be raised at hearing by the consent of the parties. The Board or the committee shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. When a member or staff of the board has served as the investigator making a preliminary evaluation of the complaint, that member or staff person shall attend the informal conference. At an informal conference, the statements made by either party at a conference, including any proposed disposition of the complaint, are not admissible at any subsequent hearing on the merits without the consent of all parties to the hearing. An architect against whom a complaint is made is not required to attend an informal conference when requested to do so by the Board and may not be penalized for refusing an informal conference. At an informal conference the complainant is not entitled to a say in any agreed disposition of the complaint.

4.16. The Board, its President, the complaint committee, or Secretary may issue subpoenas requiring witnesses to appear before the Board and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints, or to compel the attendance of witnesses at hearing. The investigator may request the Board or its President to issue a subpoena or subpoena duces tecum. Any such request shall be accompanied by a brief statement specifying the necessity for its issuance. Subpoenas and subpoenas duces tecum may be signed by any member of the Board or its Secretary. Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in this subsection must be received by the Board no later than ten (10) days before a scheduled hearing. Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with W. Va. Code §29A-5-1(b).

4.17. At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which an architect may be sanctioned by the Board, except that in the event the review and investigation of a complaint is assigned to the committee or an investigator, the committee or investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

W. Va. Code R. § 2-2-5 Requests for Hearing Following Denial of Registration

5.1. Any applicant who has had his or her application for registration denied by order of the Board may request a hearing on the denial within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in W. Va. Code §29A-5-1 et seq. and the rules of the Board.

5.2. Contested cases involving a registered architect whose renewal of registration was denied for reasons that constitute grounds for professional discipline are treated as disciplinary matters under section 6 of this rule for purposes of determining the burden of proof and other procedural questions.

W. Va. Code R. § 2-2-6 Hearing Procedure

6.1. Any applicant denied a certificate who submits a written demand for hearing to the Board within thirty (30) days following the denial is entitled to a hearing on the action denying the certificate. Any architect against whom a complaint is filed may at any time following receipt of a Notice of alleged violation, but before an Order to show cause scheduling a hearing is issued, submit a written demand for a hearing, and is entitled to the hearing.

6.2. When the President of the Board or his or her authorized designee is presented with a demand for a hearing, he or she shall schedule a hearing within forty-five (45) days of receipt by him or her of the written demand, unless postponed to a later date by mutual agreement.

6.3. Following receipt of an architect’s response to a Notice of alleged violation, and determination by the Board that probable cause exists for the Board to find that the architect committed misconduct for which he or she may be sanctioned by the Board, the Secretary shall provide the architect charged with an Order, issued in the name of the Board, ordering the charged architect to show cause at a hearing before the Board why disciplinary action should not be imposed. The Order to show cause shall be served by certified mail, return receipt requested, upon the charged party at least thirty (30) days prior to the date of hearing. The Order shall state with particularity, by reference to the W. Va. Code or Rule of the Board thereunder, the matters charged in the complaint. The Order shall state the date, time and place for the hearing. The Board may thereafter amend the charges set forth in the Order to show cause, except that a hearing based on amended charges is subject to the same thirty (30) day notice requirement.

6.4. The Order to show cause shall include a time frame order requiring all parties to a disciplinary action, within fifteen (15) days of the service of the Order to show cause, to exchange the following: 6.4.1 A list of proposed witnesses at hearing with addresses and telephone numbers;

6.4.2. Copies of documentary evidence and lists of exhibits intended to be introduced into evidence at hearing; and

6.4.3. Copies of any witness statements in the possession or under the control of the Board. .

6.4.4. The time frame for exchanging witness lists, statements of Board witnesses, copies of documentary evidence and lists of exhibits may be extended by agreement of the parties.

6.4.5. The Board has a continuing duty to disclose exculpatory evidence.

6.5. Upon written motion received by the Board no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged or the reasons stated for denial of a certificate shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

6.6. Hearings shall be conducted as follows:

6.6.1. Any party to a hearing shall have the right to be represented by an attorney-at-law, duly qualified to practice law in the state of West Virginia.

6.6.2. The Board shall be represented by the West Virginia Attorney General's Office or, with the consent of the Attorney General, an attorney member of the Board or attorney-at-law duly qualified to practice law in the state of West Virginia and hired by the Board. An attorney member of the Board who represents the Board at hearing may not participate in final deliberations of the Board or vote on the final disposition of the case.

6.6.3. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing. Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed. However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

6.6.4. The rules of privilege recognized by the laws of West Virginia shall be followed.

6.6.5. Objections to evidentiary offers shall be noted in the record. Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

6.6.6. Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Board and, when appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny registration.

6.6.7. The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her usual place of abode and giving information of its purport, to his wife or her husband, or to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if neither his wife or her husband nor any such person can be found there, and he or she cannot be found, by leaving such notice posted at the front door of such place of abode; or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may by served by registered or certified mail.

6.6.8. The hearing shall be open to the general public.

6.6.9. Members of the Board and its officers, agents and employees are competent to testify at the hearing as to material and relevant matters, but no member of the Board who testifies at the hearing may participate in the deliberations or decisions of the Board with respect to the case in which he testified.

6.6.10. The hearing shall be conducted by a quorum of the Board or, in the discretion of the Board, an attorney licensed within this state hired by the Board to serve as hearing examiner, to make written findings of fact and conclusions of law, and to make nonbinding recommendations to the Board as to the appropriate disposition of the case.

6.6.11. A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Board's files. Upon request, a copy of the transcript shall be furnished to either party at his or her expense.

6.6.12. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

6.6.13. At any hearing upon a complaint filed against an architect, or any hearing under subsection 5.2 of this Rule, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

6.6.14. Where a hearing is held upon demand under the provisions of subsections 6.1 of this rule following a denial of registration on the grounds that an applicant is not qualified for registration, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first. The Board may require the person demanding the hearing to give security for the costs thereof and if the demanding party does not substantially prevail, such facts may be assessed against them and may be collected in a civil action or by other proper remedy.

6.6.15. Following the conclusion of the Board's presentation of evidence in accordance with subsection 6.6.13 of this section the Respondent or charged party shall have the right to submit his or her evidence in defense.

6.6.16. Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 6.6.14 of this section, the Board shall have the right to offer its evidence in rebuttal.

6.6.17. The Board may call witnesses to testify in support of its decision to deny a certificate or in support of the charges instituted against an architect; may present such other evidence to support its position; and, may cross-examine witnesses called by the demanding party or charged party in support of his or her position.

6.6.18. All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

6.6.19. Hearings held by the Board as a result of a complaint filed against an architect may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

6.6.20. Motions for a continuance of a hearing may be granted upon a showing of good cause. Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance. A motion for a continuance filed less than seven (7) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier. Motions for continuance filed prior to the date of hearing shall be ruled on by the President or Secretary of the Board. All other motions for continuance shall be ruled on by the Board member(s) or the member presiding over the hearing.

6.6.21. All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, shall be in writing an shall be received in the office of the Board at least ten (10) days before the hearing. Prehearing motions may be heard at a prehearing conference or at the hearing prior to the commencement of testimony. The Board member(s) presiding at the hearing shall hear the motions and the response from the non-moving party and shall rule on such motions accordingly.

W. Va. Code R. § 2-2-7 Transcription of Testimony and Evidence

7.1. 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.

7.2. All reported materials shall be transcribed. The Board shall have the responsibility to make arrangements for the transcription of the reported testimony and evidence.

7.3. Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the President, presiding member, or 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/or revised as appropriate so as to make it conform to the truth.

7.4. A transcript of the hearing shall be provided to all members of the Board for review at least ten (10) days before the vote is taken on its decision in any disciplinary matter.

W. Va. Code R. § 2-2-8 Submission of Proposed Findings of Fact and Conclusions of Law

8.1. Any party may submit proposed findings of fact and conclusions of law at a time and manner designated by the Board.

8.2. The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into an agreed stipulation and order without conference.

W. Va. Code R. § 2-2-9 Depositions and Discovery

9.1. Evidentiary depositions may be taken on a voluntary basis and read or otherwise included into evidence as in civil actions in the circuit courts of this state. Neither the Board nor the architect who is the subject of a disciplinary action is entitled to subpoena witnesses for purposes of discovery depositions.

W. Va. Code R. § 2-2-10 Orders

10.1. Any final order entered by the Board imposing a disciplinary action shall be supported by a written statement of findings of fact and the reasons for the decision. Final orders following hearings shall be made pursuant to the provisions of W. Va. Code §§29A-5-3 and 30-1-8(d). 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 shall contain findings of fact and conclusions of law.

10.2. The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered. A copy of the final order approved by a majority of the Board shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

W. Va. Code R. § 2-2-11 Notification to NCARB

11.1. When the Board issues a decision and final order, either by agreement or after proceedings, that results in disciplinary action against a licensee, the Board shall promptly send a copy of that decision and order to NCARB, and shall supply any other relevant documentation that may reasonably be requested.

W. Va. Code R. § 2-2-12 Appeal

12.1. Any party adversely affected by a final order or decision of the Board has the right to appeal such order or decision to the Intermediate Court of Appeals in accordance with W.Va. Code § 29A-5-4 and W.Va. Code § 51-11-4(b)(4).

2CSR2

Series 03 Fees for Registration of Architects

W. Va. Code R. § 2-3-1 General

1.1. Scope. -- This rule sets fees related to the registration of architects as provided in W. Va. Code §§30-1-6 and §30-12-1 et seq.

1.2. Authority. -- W. Va. Code §30-1-6.

1.3. Filing Date. -- April 6, 2026.

1.4. Effective Date. -- April 6, 2026. 1.5 Sunset Date. - - This rule shall terminate and have no further force and effect on August 1, 2031.

W. Va. Code R. § 2-3-2 Definitions

2.1. Terms defined in W. Va. Code §30-12-2 have the same meanings when used in this rule unless the context or subject matter clearly requires a different interpretation.

2.2. Terms defined in “Title 2 Legislative Rule Board of Architects – Series 1 – Registration of Architect” have the same meanings when used in this rule unless the context or subject matter clearly requires a different interpretation. 2.3 As used in this rule, the following terms have the following meanings unless context or subject matter requires a different interpretation:

2.3.1. Initial – means obtaining a license for the practice of architecture in West Virginia for the first time.

2.3.2. Low income individuals – individuals in the local labor market as defined in W. Va. Code §21-1C-2 whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).

2.3.3. Military Families – any person who serves as an active member of the armed forces in of the United States, the National Guard, or a reserve component as described in 38 U.S.C. § 101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.

W. Va. Code R. § 2-3-3 Fees

3.1. The applicant shall pay with his or her application for registration or reciprocal registration a non-refundable filing fee in the amount of $100 unless the applicant’s request for a waiver of the fee is accepted by the Board pursuant to sections 3.9 or 3.10.

3.2. The applicant shall pay directly to NCARB or its designee all fees related to the cost of the A.R.E. or any division of the A.R.E.

3.3. The applicant for registration or reciprocal registration shall pay the Board $50 for a printed certification evidencing registration as an architect unless the applicant’s request for a waiver of the fee is accepted by the Board pursuant to sections 3.9 or 3.10.

3.4. The applicant shall pay a fee to the Board of $75 for the annual renewal of a certificate of registration. An initial certificate of registration expires on June 30 of the year following initial registration, and annual renewals expire on June 30 of each year thereafter.

3.5. The applicant for reciprocal registration shall pay to the Board, in addition to the filing fee accompanying the application and the fee for the printed certification, $250 for registration unless the applicant’s request for a waiver of the fee is accepted by the Board pursuant to section 3.9 or 3.10.

3.6. The applicant shall pay to the Board for the renewal of an inactive certificate of registration $150, if the inactive certificate of registration is renewed within six months (6) after the renewal date.

3.7. The applicant shall pay to the Board for reinstatement of an inactive certificate of registration $250, if the inactive certificate of registration is reinstated more than 12 months but not exceeding five years after the renewal date.

3.8. Architects registered in West Virginia who seek a verification of certification for other jurisdictions shall pay to the Board $25 for a verification of certification.

3.9. Low-income individuals, as defined in this rule, may seek a waiver of the initial fees set forth in Sections 3.1, 3.3, and 3.5 for registration as an architect in accordance with W. Va. Code §30-1-23. Waiver requests must be submitted at the time of the application for registration on a form prescribed by the Board and must include all verification documents required by the Board. The Board shall process the request within 30 days.

3.10. Military families, as defined in this rule, may seek a waiver of the initial fees set forth in Sections 3.1, 3.3, and 3.5 for registration as an architect in accordance with W. Va. Code §30-1-23. Waiver requests must be submitted at the time of the application for registration on a form prescribed by the Board and must include all verification documents required by the Board. The Board shall process the request within 30 days.

2CSR3

2CSR3

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