West Virginia Land Surveying Licensing Law
West Virginia Code · 6 sections
The following is the full text of West Virginia’s land surveying licensing law statutes as published in the West Virginia Code. For the official version, see the West Virginia Legislature.
W. Va. Code § 1-3-14
§1-3-14. Notice and survey in case of changing county line.
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W. Va. Code § 22A-2
West Virginia Code | §22A-2
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
Article 1A
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Article 2A
ARTICLE 2. UNDERGROUND MINES.
§22A-2-1. Supervision by professional engineer or licensed land surveyor; seal and certification; contents; extensions; repository; availability; traversing; copies; archive; final survey and map; penalties.
§22A-2-2. Submittal of detailed ventilation plan to director.
§22A-2-3. Fans.
§22A-2-4. Ventilation of mines in general.
§22A-2-4a. Use of belt air.
§22A-2-5. Unused and abandoned parts of mine.
§22A-2-6. Requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; premovement requirements; certified and qualified persons.
§22A-2-7. When underground mine foreman-fire boss required; assistants; certification.
§22A-2-8. Duties; ventilation; loose coal, slate or rocks; props; drainage of water; man doors; instruction of apprentice miners.
§22A-2-9. Slopes, incline planes and haulage roads.
§22A-2-10. Signals on haulways; lights at mouth and bottom of shaft; operation of cages.
§22A-2-11. Boreholes.
§22A-2-12. Instruction of employees and supervision of apprentices; annual examination of persons using approved methane-detecting devices; records of examination; maintenance of methane detectors, etc.
§22A-2-13. Daily inspection of working places; records.
§22A-2-14. Safety inspections; removal of gases.
§22A-2-15. Dangerous places.
§22A-2-16. Examinations of reports of fire bosses.
§22A-2-17. Ascertainment, record and removal of all dangers.
§22A-2-18. Duty of mine foreman to notify operator when unable to comply with law; duty of operator.
§22A-2-19. Death or resignation of mine foreman; successor.
§22A-2-20. Preparation of danger signal by fire boss or certified person acting as such prior to examination; report; records open for inspection.
§22A-2-21. Fire bosses to have no superior officers.
§22A-2-22. Unlawful to enter mine until fire boss reports it safe; exceptions.
§22A-2-23. Authority of fire boss to perform other duties.
§22A-2-24. Control of coal dust; rock dusting.
§22A-2-25. Roof control programs and plans; refusal to work under unsupported roof.
§22A-2-26. Roof support; specific requirements.
§22A-2-27. Canopies or cabs; electric face equipment.
§22A-2-28. Equipment to conform with height of seam.
§22A-2-29. Use of authorized explosives; storage or use of unauthorized explosives.
§22A-2-30. Surface magazines for explosives.
§22A-2-31. Transportation of explosives.
§22A-2-32. Underground storage of explosives.
§22A-2-33. Preparation of shots; blasting practices.
§22A-2-34. Misfires of explosives.
§22A-2-35. Other blasting devices.
§22A-2-36. Hoisting machinery; telephones; safety devices; hoisting engineers and drum runners.
§22A-2-37. Haulage roads and equipment; shelter holes; prohibited practices; signals; inspection.
§22A-2-38. Transportation of miners by cars; self-propelled equipment; belts.
§22A-2-39. Belt conveyor; installation; maintenance; examination of belt conveyors and belt entries.
§22A-2-40. General provisions.
§22A-2-41. Bonding track used as power conductor.
§22A-2-42. Telephone service or communication facilities.
§22A-2-43. Actions to detect and respond to excess methane.
§22A-2-43a. Operation of cutting and mining machines; repair and maintenance of same.
§22A-2-44. Hand-held electric drills and rotating tools; trailing cables.
§22A-2-45. Installation of lighting.
§22A-2-46. Welding and cutting.
§22A-2-47. Responsibility for care and maintenance of face equipment.
§22A-2-48. When respiratory equipment to be worn; control of dust.
§22A-2-49. Safeguards for mechanical equipment.
§22A-2-50. Procurement of dust-tight electrical equipment; fireproof construction; dust control; repairs; welding; handrails and toeboards; protection of personnel on conveyors; back guards on ladders; walkways or safety devices around thickeners.
§22A-2-51. Housekeeping.
§22A-2-52. Storage of flammable liquids in lamphouse.
§22A-2-53. Smoking in and around surface structures.
§22A-2-53a. Railroad cars; dumping areas; other surface areas.
§22A-2-53b. Haulage or surface areas.
§22A-2-53c. Ramps; tipples; cleaning plants; other surface areas.
§22A-2-54. Duties of persons subject to article; rules and regulations of operators.
§22A-2-55. Protective equipment and clothing.
§22A-2-55a. Safety helmets.
§22A-2-56. Checking systems.
§22A-2-57. No act permitted endangering security of mine; search for intoxicants, matches, etc.
§22A-2-58. Fire protection.
§22A-2-59. First-aid equipment.
§22A-2-60. Accessible outlets; safe roadways for emergencies; accessibility of first aid equipment; use of special capsule for removal of personnel.
§22A-2-61. Coal storage bins; recovery tunnels; coal storage piles.
§22A-2-62. Thermal coal dryers and plants.
§22A-2-63. No mine to be opened or reopened without prior approval of the Director of the Office of Miners' Health, Safety and Training; certificate of approval; approval fees; extension of certificate of approval; certificates of approval not transferable; section to be printed on certificates of approval.
§22A-2-64. Sealing permanently closed or abandoned mines.
§22A-2-65. Mining close to abandoned workings.
§22A-2-66. Accident; notice; investigation by Office of Miners' Health, Safety and Training.
§22A-2-67. Written report of accident.
§22A-2-68. Preservation of evidence following accident or disaster.
§22A-2-69. Repealed. Acts, 2006 Reg. Sess., Ch. 154.
§22A-2-70. Shafts and slopes.
§22A-2-71. Right of miner to refuse to operate unsafe equipment; procedure; discrimination.
§22A-2-71a. Right of miner to refuse to work in an unsafe area or unsafe manner.
§22A-2-72. Long wall and short wall mining.
§22A-2-73. Construction of shafts, slopes, surface facilities and the safety hazards attendant therewith; duties of Board of Coal Mine Health and Safety to promulgate rules; time limits therefor.
§22A-2-74. Control of respirable dust.
§22A-2-75. Coal operators -- Procedure before operating near oil and gas wells.
§22A-2-76. Reopening old or abandoned mines.
§22A-2-77. Quarterly report by operator of mine; exception as to certain inactive mines.
§22A-2-78. Examinations to determine compliance with permits.
§22A-2-79. Provisions of article severable.
§22A-2-80. Existing regulations to be revised.
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W. Va. Code § 30-40-5
§30-40-5. Scope of practice; exceptions.
(a) The practice of real estate brokerage includes acting in the capacity of a broker, associate broker, or salesperson as defined in §30-40-4 of this code.
(b) The practice of real estate brokerage does not include the activities normally performed by an appraiser, mortgage company, lawyer, engineer, contractor, surveyor, home inspector, or other professional who may perform an ancillary service in conjunction with a real estate transaction.
(c) The provisions of this article do not apply to:
(1) Any person acting on his or her own behalf as owner or lessor of real estate.
(2) The regular employees of an owner of real estate, who perform any acts regulated by this article, where the acts are incidental to the management of the real estate: Provided, That the employee does not receive additional compensation for the act and does not perform the act as a vocation.
(3) Attorneys-at-law: Provided, That attorneys-at-law shall be required to submit to the written examination required under §30-40-12 of this code in order to qualify for a broker’s license: Provided, however, That an attorney-at-law who is licensed as a real estate broker prior to July 1, 1980, is exempt from the written examination required under §30-40-12 of this code.
(4) Any person holding, in good faith, a valid power of attorney from the owner or lessor of the real estate.
(5) Any person acting as a receiver, trustee, administrator, executor, guardian, conservator, or under the order of any court or under the authority of a deed of trust or will.
(6) A public officer while performing his or her official duties.
(7) Any person acquiring or disposing of any interest in timber or minerals, or acquiring or disposing of properties for easements and rights of way.
(8) Any person employed exclusively to act as the management or rental agent for the real estate of one person or entity.
(9) Any person properly licensed pursuant to the provisions of §19-2C-1 et seq. of this code when conducting an auction, any portion of which contains any leasehold or estate in real estate, only when the person so licensed is retained to conduct an auction by:
(A) A receiver or trustee in bankruptcy;
(B) A fiduciary acting under the authority of a deed of trust or will; or
(C) A fiduciary of a decedent’s estate.
(10) Any person employed by a broker in a noncommissioned secretarial or clerical capacity who may in the normal course of employment, be required to:
(A) Disseminate brokerage preprinted and predetermined real estate sales and rental information;
(B) Accept and process rental reservations or bookings for a period not to exceed 30 consecutive days in a manner and procedure predetermined by the broker;
(C) Collect predetermined rental fees for the rentals which are to be promptly tendered to the broker;
(D) Make appointments on behalf of the broker or licensed salesperson with buyers and sellers of real estate and potential buyers and sellers of real estate; or
(E) Any combination thereof.
Previous§30-40-4. Definitions. §30-40-5. Scope of practice; exceptions. Next§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization.
W. Va. Code § 30-40-7
§30-40-7. General powers and duties.
The commission has all the powers set forth in article one of this chapter and in addition:
(a) May sue and be sued in its official name as an agency of this state;
(b) Shall employ an executive director and shall fix his or her compensation subject to the general laws of this state. The commission shall determine the duties of the executive director as it shall consider necessary and appropriate to discharge the duties imposed by the provisions of this code;
(c) Shall employ or contract with such other investigators, hearing examiners, attorneys, consultants, clerks and assistants as the commission considers necessary and determine the duties and fix the compensation of such investigators, clerks and assistants subject to the general laws of this state;
(d) Shall have the authority to issue subpoenas and subpoenas duces tecum through any member, its executive director or any duly authorized representative;
(e) Shall prescribe, examine and determine the qualifications of any applicant for a license;
(f) Shall provide for an appropriate examination of any applicant for a license;
(g) May enter into agreements with other jurisdictions whereby the license issued by another jurisdiction may be recognized as successfully qualifying a nonresident for a license in this state;
(h) Shall issue, renew, deny, suspend, revoke or reinstate licenses and take disciplinary action against any licensee;
(i) May investigate or cause to be investigated alleged violations of the provisions of this article, the rules promulgated hereunder and the orders or final decisions of the commission;
(j) Shall conduct hearings or cause hearings to be conducted upon charges calling for the discipline of a licensee or for the suspension or revocation of a license;
(k) May examine the books and records relating to the real estate business of a licensee if the licensee is charged in a complaint of any violation of this article, commission rule or any order or final decision issued by the commission: Provided, That such examination shall not extend beyond the specific violation charged in the complaint;
(l) May impose one or more sanctions as considered appropriate in the circumstances for the discipline of a licensee. Available sanctions include, but are not limited to, denial of a license or renewal thereof, administrative fine not to exceed $1,000 per day per violation, probation, revocation, suspension, restitution, require additional education, censure, denial of future license, downgrade of license, reprimand or order the return of compensation collected from an injured consumer;
(m) Shall meet at least once each calendar year at such place and time as the commission shall designate and at such other times and places as it considers necessary to conduct commission business;
(n) Shall publish an annual directory of licensees in compliance with the provisions of section thirteen, article one, chapter thirty of this code;
(o) May sponsor real estate-related educational seminars, courses, workshops or institutes, may incur and pay the necessary expenses and may charge a fee for attendance;
(p) May assist libraries, institutions and foundations with financial aid or otherwise in providing texts, sponsoring studies, surveys and programs;
(q) May perform compliance audits on real estate brokerage offices, education providers or any other person regulated by the commission;
(r) May provide distance education courses for applicants for a license sufficient to meet the educational requirements contained in subsections (a) and (b), section fourteen of this article; and
(s) Shall take all other actions necessary and proper to effectuate the purposes of this article.
Previous§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization. §30-40-7. General powers and duties. Next§30-40-8. Rule-making authority.
W. Va. Code § 37-12-2
§37-12-2. Execution of orders of survey.
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W. Va. Code § 7-2-8
§7-2-8. License required for county surveyor.
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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)