§ 30-1A-6 — Article construction

West Virginia § 30-1A-6

• Jurisdiction: West Virginia
• Ch. 30: PROFESSIONS AND OCCUPATIONS
• Art. 1A: PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS

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(a) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new state governmental department or agency or amend the law with respect to an existing department or agency.

(b) Notwithstanding the provisions of subsection (a) of this section, the recommendations of the Joint Standing Committee on Government Organization are to be given considerable weight in determining if a profession or occupation should be regulated, or if the scope of practice of a regulated profession or occupation should be established, revised, or expanded.

(c) In construing any governmental regulation of occupations, including an occupational licensing statute, rule, policy, or practice, the following interpretations are to govern, unless the regulation is unambiguous:

(1) Occupational regulations should be construed and applied to increase economic opportunities, promote competition, and encourage innovation;

(2) Any ambiguities in occupational regulations should be construed in favor of workers and aspiring workers to work; and

(3) The scope of practice in occupational regulations should be construed narrowly to avoid burdening individuals with regulatory requirements that only have an attenuated relationship to the goods and services they provide.

Legislative History

2021 Reg. Sess., SB472; 2012 Reg. Sess., SB214; 2008 Reg. Sess., HB4385; 2007 Reg. Sess., HB2527; 1998 Reg. Sess., SB395