West Virginia Code 30-26-5 – Application for licenses; qualifications of applicants; fees; duties of the board with respect thereto
Each person desiring to obtain a license from the board to engage in the practice of dealing in or fitting of hearing aids shall make application to the board. The application shall be made in such manner and form as prescribed by the board and shall be accompanied by the prescribed fee. The application shall state under oath that the applicant:
Terms Used In West Virginia Code 30-26-5
- Board: means the West Virginia board of hearing-aid dealers. See West Virginia Code 30-26-1
- Department: means the state department of health and when appropriate shall include the state director of health. See West Virginia Code 30-26-1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- License: means any license issued under the provisions of this article and shall include a temporary license. See West Virginia Code 30-26-1
- Person: means and includes any individual, partnership, trust, association, corporation or other like organization, or any combination thereof. See West Virginia Code 30-26-1
- Practice of dealing in or fitting of hearing aids: means and includes:
(a) The measurement or other testing of human hearing by means of an audiometer, or by any other means. See West Virginia Code 30-26-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Intends to maintain a permanent office or place of business in this state or that the applicant has at the time of application a permanent office or place of business in another state within a reasonable commuting distance from this state. The board shall determine and prescribe by regulation the term "reasonable distance" as used herein;
(2) Is a person of good moral character and that he has never been convicted of nor is presently under indictment for a crime involving moral turpitude;
(3) Is eighteen years of age or older;
(4) Has an education equivalent to a four-year course in an accredited high school; and
(5) Is free of chronic infectious or contagious diseases.
Any person who fails to meet any of the standards set forth in the next preceding paragraph shall not be eligible or qualified to take the examination nor shall any such person be eligible or qualified to engage in the practice of dealing in or fitting of hearing aids.
The board, after first determining that the applicant is qualified and eligible in every respect to take the examination, shall notify the applicant that he has fulfilled all of the qualifications and eligibility requirements as required by this section and shall advise him of the date, time and place for him to appear to be examined as required by the provisions of this article and the regulations promulgated by the board pursuant to this article.
The board, with the aid and assistance of the department, shall give at least one annual examination of the type required by this article and may give such additional examinations, at such times and places, as the board and the department may deem proper, giving consideration to the number of applications.