W. Va. Code R. § 7-1-11

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 7-1-11 - Certificates of Authorization (COAs)

11.1. COA required; issuance. A COA is required to practice or offer to practice engineering in WV. The Board shall issue a COA to firms who have met all the requirements of the W. Va. Code § 30-13-17 and these rules promulgated under the Code to practice or offer to practice engineering in West Virginia. The certificate signed by the Board President shall show the firm's COA number and seal of the Board.

11.2. Classifications of Authorization. The Board shall certify a qualified firm under one of the following classifications:

11.2.a. Sole Proprietor with no employees who practices or offers to practice engineering for compensation or other tangible benefit or remuneration;

11.2.b. Firm with three or fewer Professional Engineers (regardless of PE's state of registration or licensure); or

11.2.c. Firm with four or more Professional Engineers (regardless of the PE's state of registration or licensure).

11.3. Application and Fees. A firm desiring to obtain a COA shall submit a completed application on forms prescribed by the Board, along with such non-refundable fees as required in § 7-1-13.4 of these rules. Each application, including renewal and reinstatement, requires a sworn statement from the PE in responsible charge as set forth in § 30-13-1 7.

11.4. Expiration, Renewal and Reinstatement.

11.4.a. Expiration. COAs expire on December 31st of each odd-numbered year and are void and re-designated as COA - Lapsed without further action by the Board after that date unless renewed in accordance with subsection 11.4.b. below.

11.4.b. Renewals.

11.4.b.1. The Board shall, during the month of November of every odd-number year, send a renewal notice by electronic means or by mail to the last known address of every firm currently holding a COA by the Board. The notice shall indicate the expiration date of the COA and the amount of the renewal fee established by the Board.

11.4.b.2. The completed renewal form and applicable fees shall be received by the Board on or before the expiration date indicated on the certificate.

11.4.c. Renewals received from January 1^st to 31^st after the expiration date shall render the COA valid upon payment of the late fee set forth in § 7-1-13.5 of these rules.

11.4.d. Any renewal postmarked or submitted online on or after February 1^st after the year of expiration will be rejected and any fee returned, and the non-renewed COA will be void and re-designated as COA-Lapsed without further action by the Board.

11.5 Designations of nonpracticing status. The Board recognizes the following designations, all of which describe a type of nonpracticing status which does not qualify the former firm or sole proprietor to practice or offer to practice engineering in the state of West Virginia:

11.5.a. COA - Inactive. A firm or sole proprietor with an active COA may elect to re-designate their status to COA-Inactive upon application for inactive status which states the firm or sole proprietor is no longer practicing or offering to practice engineering in this state and may seek reinstatement to active status only in accordance with § 7-1-11.6 of these rules.

11.5.b. COA - Lapsed. A firm or sole proprietor who has not renewed their active COA status in accordance with § 7-1-11.4 of these rules or has not applied for a re-designation to inactive status shall be re-designated by the Board to COA-Lapsed without further action by the Board and may seek reinstatement to active status only in accordance with § 7-1-11.6 of these rules.

11.5.c. COA - Invalidated. A firm or sole proprietor who is unable to provide sufficient proof that any condition of renewal set forth in W. Va. Code § 30-13-1et seq. or these rules has been met shall be re-designated by the Board to Professional Engineer-Invalidated without further action by the Board and may seek reinstatement to active status only in accordance with § 7-1-11.6 of these rules.

11.6. Reinstatement. A firm desiring to reinstate a COA shall submit a completed application on forms prescribed by the Board, along with such non-refundable fees as required in § 7-1-13.4 of these rules.

11.7. COA Number. The Board shall assign each firm a certificate number at the time a COA is granted by the Board. Numbers are issued consecutively in the order in which a firm is granted a COA. The Board shall advise the firm of this number.

11.8. Replacement of Certificate. The firm shall notify the Board when a COA is lost, destroyed or mutilated, and, if the firm is in good standing, the Board shall replace it, upon presentation of a statement of the loss and the prescribed fee in § 7-1-13.4.

11.9. Updated Information. It is the firm's responsibility to notify the Board within thirty days of any change in information previously submitted to the Board, such as name change, change of address, change of PE in responsible charge, or similar matter requiring current information.

11.10. Limited Liability Firms. The PE in responsible charge on the COA is responsible for compliance with W. Va. Code § 30-13-1 et seq. and this rule notwithstanding any limitations of liability provided by W. Va. Code §§ 47B-3-6 and 31B-13-1305.

W. Va. Code R. § 7-1-11