W. Va. Code § 30-6-6
Rule-making authority.
(a) The board shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article including, but not limited to, the following:
- (1) The general practice of embalming, funeral directing and cremating, and operating a funeral establishment and crematory: Provided, That the board cannot require that an applicant for a license to operate a funeral establishment or crematory have either an embalmer's or funeral director's license, or a certificate to operate a crematory;
- (2) The examinations administered under this article;
- (3) The issuing and renewing of licenses, certificates and courtesy cards, including establishing a staggered biennial renewal schedule;
- (4) The requirements for inactive licensees;
- (5) The registration and regulation of apprentices;
- (6) Establish a cremation procedure and crematory requirements;
- (7) Establish inspection requirements for funeral establishments and crematories, including an inspection of a new facility and annual inspections of existing facilities;
- (8) Establish inspector and investigator requirements;
- (9) Setting the fees charged under the provisions of this article;
- (10) Setting the fines assessed under the provisions of this article;
- (11) Implementing requirements for continuing education for licensees;
- (12) Denying, suspending, revoking, reinstating or limiting the practice of a licensee or certificate of qualification;
- (13) The investigation and resolution of complaints against persons licensed, certified or registered under this article;
- (14) Establish advertising standards;
- (15) Establish a provisional licensee in charge authority for up to 90 days following a licensee in charge vacancy or change of control, with conditions and notice to the board;
- (16) Define criteria for an "embalmer-of-record" agreement for establishments that do not embalm on-site; and
- (17) Propose any other rules necessary to effectuate the provisions of this article.
- (b) All rules in effect on the effective date of this article shall remain in effect until they are withdrawn, revoked or amended.