2005 West Virginia Code - §30-31-4. — Board of examiners in counseling; appointment and qualifications of members.

§30-31-4. Board of examiners in counseling; appointment and qualifications of members.

(a) There is hereby created a West Virginia board of examiners in counseling, consisting of seven members who shall be appointed by the governor by and with the advice and consent of the Senate, subject to the following provisions:
(1) The board shall be composed of two counselor educators engaged in the teaching of counseling at an accredited institution of higher education, three practicing counselors and two persons chosen from the general public. The five members of the board who are counselor educators and practicing counselors must be licensed pursuant to this article and have a minimum of three years of experience except for the initial appointees who must meet the qualifications provided in subdivision (2) of this subsection.
(2) The initial appointees who are practicing counselors must be persons who have been rendering counseling services for at least three years. The initial appointees who are counselor educators must be persons who have been teaching counseling at an accredited institution of higher education for at least three years. Each initial appointee shall commence serving a term on the board on the first day of July, one thousand nine hundred eighty-six. One initial appointee who is a practicing counselor and one initial appointee who is chosen from the general public shall serve terms of one year; one initial appointee who is a practicing counselor and one initial appointee who is a counselor educator shall serve terms of two years; and the remaining initial appointees shall serve terms of three years. Each subsequent appointee shall commence serving a term of five years on the board beginning on the first day of July in the year of his or her appointment. No board member may serve more than two consecutive full five-year terms.
(3) On or before the first day of July, one thousand nine hundred eighty-seven, and each year thereafter in which the term of a member is to expire, the governor shall appoint a qualified candidate for each vacancy on the board occurring by reason of the expiration of a term.
(4) Within sixty days of the occurrence of a vacancy on the board which occurs for any reason other than the expiration of a term, the governor shall appoint a qualified candidate to serve the unexpired term of the member whom he or she succeeds.
(c) Before entering upon the performance of his or her duties, each member of the board shall take the oath required by section five, article IV of the constitution of this state. No member of the board may be removed from office by the governor except for official misconduct, malfeasance in office, incompetence, neglect of duty or gross immorality, and then only in the manner prescribed by law for the removal by the governor of state elective officers.
(d) On the second Monday in July, one thousand nine hundred eighty-six, the board shall hold its first annual business meeting to elect a chairperson and secretary from its membership, organize the affairs of the board and transact such other business as may come before it. Such meeting shall be called at a time and place in this state designated by an appointee named by the governor as a temporary chairperson to serve until a chairperson is elected. The board shall hold an annual business meeting at the call of the chairperson in July, one thousand nine hundred eighty-seven, and in each year thereafter, to elect a chairperson and secretary and transact such other business as may come before it. Additional meetings may be held at the call of the chairperson or at the written request of any three members. Four members of the board constitute a quorum. Each member of the board shall receive per diem compensation of fifty dollars for each day actually engaged in the duties of his or her office and reimbursement for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a member of the board.

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