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West Virginia

W. Va. Code § 30-12-1 creates a Board of architects for the purpose of safeguarding the  life, health, property and public welfare of the people and to protect the people against the unauthorized, unqualified and improper practice of architecture.  The membership requirements for the board shall be as follows:

  • The Board shall consist of seven members, five of whom shall be architects, appointed by the Governor by and with the advice and consent of the Senate, and two of whom shall be lay members, not of the same political party affiliation, appointed by the Governor by and with the advice and consent of the Senate.
  • Each member who is an architect shall have been engaged in the active practice of his profession in the State of West Virginia for not fewer than ten years previous to his appointment.
  • The members of the board in office, shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and have qualified.
  •  Each member shall be appointed for a term of five years. The board shall pay each member the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.
  • Pursuant to the provisions of chapter twenty-nine-a [W. Va. Code §§ 29A-1-1 et seq.] of this code, the board, in addition to the authority, powers and duties granted to it by this article, has the authority to promulgate rules relating to the regulation of the practice of architecture and may include rules pertaining to the registration of architects. Any disciplinary proceedings held by the board shall be held in accordance with the provisions of the administrative procedures act for contested cases pursuant to the provisions of article five [W. Va. Code §§ 29A-5-1 et seq.] of said chapter.

W. Va. Code § 30-22-5 creates a Board of Landscape Architects comprising of three members, two of whom must be licensed landscape architects, appointed by the Governor by and with the advice and consent of the Senate, for staggered terms of three years.  Each licensed member, at the time of his or her appointment, must have held a license in West Virginia for a period of not less than three years and must have been a resident of West Virginia for a period of not less than one year immediately preceding the appointment.  Also, every member must be a resident of West Virginia during the appointment term.

No member may serve more than three consecutive full terms and any member having served three consecutive full terms may not be appointed for one year after completion of his or her third full term.  A member shall continue to serve until his or her successor has been appointed and qualified.  Any member currently serving on the board on the effective date of this article may be reappointed in accordance with the provisions of this section.

Vacancy on the board shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant.  Also, the Governor may remove any member from the board for neglect of duty, incompetency or official misconduct.

Any member of the board immediately and automatically forfeits his or her membership if he or she has his or her license to practice suspended or revoked by the board, is convicted of a felony under the laws of any state or the United States, or becomes a non-resident of West Virginia.

The board shall designate one of its members as chairperson and one member as secretary-treasurer who shall serve at the will of the board.

Each member of the board is entitled to receive compensation and expense reimbursement in accordance with article one [W. Va. Code § § 30-1-1 et seq.]
A majority of the members of the board shall constitute a quorum.

The board shall hold at least one annual meeting.  Other meetings shall be held at the call of the chairperson or upon the written request of two members, at such time and place as designated in the call or request.

W. Va. Code § 38-2-6a creates a lien for architects and accordingly, an architect, surveyor, engineer or landscape architect shall have a lien for his or her compensation for all materials furnished and all work done, or all services provided by such architect, surveyor, engineer and landscape architect as a contractor, subcontractor, materialman, mechanic or laborer, as the case may be.  The lien shall be perfected and preserved in accordance with, and shall otherwise be subject to, the provisions of this article governing liens for contractors, subcontractors, materialmen, mechanics or laborers, as the case may be.

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