(a) The legislative rule filed in the State Register on July 25, 2023, authorized under the authority of 30-21-6 of this code, modified by the Board of Examiners of Psychologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Board of Examiners of Psychologists (disciplinary and complaint procedures for psychologists, 17 CSR 04), is authorized with the following amendments:On page 2, section 5, subsection 6, after the word 'shall' by inserting the following: 'first determine whether the conduct alleged in the complaint, if true, would constitute a violation of the rules of the Board or otherwise falls within the jurisdiction of the Board. Upon completing that initial determination, the Board shall';On page 3, section 5, subsection 6, subdivision 2, after the word 'Board' by inserting the words 'and dismissed';On page 3, section 5, subsection 7, by striking out the word 'The' and inserting in lieu thereof 'If it determines that the complaint falls within its jurisdiction, the';On page 3, section 5, subsection 12, by striking out the words 'unless the complaint is determined to fall ing in lieu thereof 'If it determines that the complaint falls within its jurisdiction, the';On page 3, section 5, subsection 12, by striking out the words 'unless the complaint is determined to fall within the provisions of sub-division 5.6.2. of this rule' and inserting in lieu thereof the words 'initially determined pursuant to sub-section 5.6 of this rule to be within its jurisdiction'; and On page 4, section 5, subsection 17, after the words 'discretion to dismiss a complaint hereunder', by inserting the words 'or under subsection 5.6'.(b) The legislative rule filed in the State Register on July 25, 2023, authorized under the authority of 30-21-6 of this code, modified by the Board of Examiners of Psychologists to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 15, 2023, relating to the Board of Examiners of Psychologists (contested case hearing procedure, 17 CSR 05), is authorized.
West Virginia Legal Code