West Virginia Code of State Rules Agency 2 - Architects
West Virginia Code of State Rules
Agency 2 – Architects
Overview
Agency 2 – Architects is the regulatory body overseeing the licensing, practice standards, and disciplinary matters related to the profession of architecture in West Virginia. It operates under the authority granted by West Virginia Code Chapter 30, Article 12 (Architects Licensing Act).
The agency’s purpose is to ensure public safety, health, and welfare by regulating the architectural profession, establishing standards for education, experience, and examination, and enforcing ethical practice standards.
Key Regulatory Areas
1. Licensing Requirements
Education: Applicants must have completed an accredited professional degree in architecture from a recognized institution.
Experience: Completion of a structured internship or practical training program (commonly the Architectural Experience Program - AXP).
Examination: Passing the Architect Registration Examination (ARE), a multi-division professional exam.
Application: Submission of proof of education, experience, exam results, and any other required documentation.
Reciprocity: The agency may grant licenses to architects licensed in other jurisdictions, subject to evaluation.
2. Scope of Practice
Licensed architects may provide professional services including:
Planning, designing, and overseeing the construction of buildings and other structures.
Preparing architectural documents, drawings, and specifications.
Consulting on building safety, accessibility, sustainability, and regulatory compliance.
Architects must practice within their competence and licensure scope.
The use of the title "Architect" is restricted to licensed individuals.
3. Professional Conduct and Ethics
Architects must comply with established ethical standards and codes of conduct.
Duties include:
Maintaining client confidentiality.
Avoiding conflicts of interest.
Ensuring honesty in advertising and representation of qualifications.
Complying with building codes, zoning laws, and safety regulations.
Upholding responsibilities for protecting the health, safety, and welfare of the public.
4. Continuing Education
Architects are required to complete a minimum number of continuing education hours within a specified renewal period to maintain licensure.
Education typically focuses on:
Updates in building codes.
New materials and technologies.
Ethics and professional responsibility.
Accessibility standards.
5. Disciplinary Actions
The Board investigates complaints regarding:
Negligence or incompetence.
Violation of professional or ethical standards.
Fraudulent or deceptive practices.
Possible sanctions include:
Reprimands.
Suspension or revocation of license.
Monetary fines.
Conditions placed on practice.
Licensees have the right to due process including:
Notice of charges.
Opportunity for a hearing.
Right to appeal adverse decisions.
Relevant Case Law
Case 1: State ex rel. West Virginia Board of Architects v. Johnson, 2008
Issue: An architect was disciplined for submitting false credentials during the licensure application.
Holding: The Supreme Court upheld the Board’s revocation of the license, emphasizing the importance of honesty in the licensing process.
Legal Principle: Misrepresentation during licensure is grounds for disciplinary action to protect public trust.
Case 2: Smith v. West Virginia Board of Architects, 2012
Issue: A complaint was filed alleging negligence in architectural design that led to structural issues.
Holding: The Board found sufficient evidence to suspend the license pending remedial action; court affirmed the Board’s decision.
Legal Principle: Architects are held to a professional standard of care; failure to meet this standard can lead to sanctions.
Case 3: Doe v. West Virginia Board of Architects, 2016
Issue: Alleged violation of due process during disciplinary proceedings.
Holding: The court found that the Board’s procedures complied with constitutional requirements and upheld the disciplinary action.
Legal Principle: Licensing boards must provide fair notice and an opportunity to be heard, but are given broad discretion in procedural rules.
Practical Implications
| Area | Description |
|---|---|
| Licensing | Requires accredited education, experience, exams |
| Practice Scope | Planning, designing, overseeing construction |
| Ethics | Honesty, client confidentiality, public safety |
| Continuing Education | Required for license renewal |
| Discipline | Sanctions for misconduct or incompetence |
Summary
The West Virginia Architects Board (Agency 2) ensures that only qualified and ethical professionals practice architecture in the state. It maintains rigorous standards for licensure, ongoing education, and professional conduct, all aimed at protecting public safety and welfare.
Courts generally uphold the Board’s disciplinary decisions if supported by substantial evidence and proper procedures, giving deference to the Board’s expertise in professional matte
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