West Virginia Code 21-16-5 – Rule-making authority
(a) The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of § 21-16-5 et seq. of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
Terms Used In West Virginia Code 21-16-5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the labor commissioner or his designated agent. See West Virginia Code 21-3A-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- HVAC residential technician license: means a valid and current license issued by the Commissioner of Labor in accordance with the provisions of this article to perform work as an HVAC residential technician. See West Virginia Code 21-16-2
(1) Standards and procedures for issuing and renewing licenses, applications, examinations, and qualifications: Provided, That an HVAC technician may not be required to provide documentation of more than 2,000 hours of total work, training, and experience as a requirement for licensure;
(2) Provisions for the granting of HVAC technician licenses, without examination, to applicants who present satisfactory evidence no later than July 1, 2016, of having at least 2,000 hours of experience and/or training working on heating, ventilating, and cooling systems and at least 6,000 hours of experience and/or training in heating, ventilating, and cooling, or related work, to include other sheet metal industry tasks: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(3) Reciprocity provisions;
(4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;
(5) Fees for issuance and renewal of licenses and other costs necessary to administer the provisions of this article;
(6) Enforcement procedures; and
(7) Any other rules necessary to effectuate the purposes of this article.
(b) The commissioner may promulgate emergency rules pursuant to the provisions of § 29A-3-15 of this code for the purpose of describing:
(1) Provisions for the granting of HVAC residential technician licenses without examination to qualified applicants who present satisfactory evidence no later than December 31, 2019, of having at least 2,000 hours of experience and/or training working on heating, ventilating, and cooling systems: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;
(2) Provisions for developing an examination required to obtain an HVAC residential technician license commensurate with the scope of practice for HVAC residential technicians as described in §21-16-2(d) of this code: Provided, That the rules proposed by the commissioner shall provide that the HVAC residential license examination will be developed in consultation with HVAC industry representatives; and
(3) Provisions for allowing HVAC residential technicians to perform work on nonresidential heating, ventilating, and cooling systems subject to rules promulgated by the commissioner.