§64-10-2 Division of Labor. - West Virginia Statutes

§64-10-2. Division of Labor.
(a) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section three, article one, chapter forty-seven, of this code, relating to the Division of Labor (packaging and labeling, 42 CSR 10), is authorized.

(b) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section three, article one, chapter forty-seven, of this code, relating to the Division of Labor (method of sale of commodities, 42 CSR 11), is authorized.

(c) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section four, article nine, chapter twenty-one, of this code, relating to the Division of Labor (West Virginia Manufactured Housing Construction and Safety Standards Board, 42 CSR 19), is authorized.

(d) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section three, article one, chapter forty-seven, of this code, relating to the Division of Labor (weights and measures calibration fees, 42 CSR 26), is authorized.

(e) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section three, article one, chapter forty-seven, of this code, modified by the Division of Labor to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of November, two thousand eight, relating to the Division of Labor (standards for weights and measures inspectors adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987 edition, 42 CSR 16), is authorized.

(f) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section three, article ten, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of November, two thousand eight, relating to the Division of Labor (Amusement Rides and Attractions Safety Act, 42 CSR 17), is authorized.

(g) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section eleven, article three-c, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of November, two thousand eight, relating to the Division of Labor (Elevator Safety Act, 42 CSR 21), is authorized.

(h) The legislative rule filed in the state register on the twenty-seventh day of August, two thousand eight, authorized under the authority of section eleven, article three-c, chapter twenty-one, of this code, modified by the Division of Labor to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of January, two thousand nine, relating to the Division of Labor (supervision of elevator mechanics and apprentices, 42 CSR 21A), is authorized,

with the following amendment:

On page two, section four, subsection 4.1, after the word "Escalators'" by inserting a comma and the words "issued or effective on October 6, 2007, October 5, 2007, and March 31, 2006, respectively,";

On page two, section four, subsection 4.1, after the word "Chairlifts'" by inserting a comma and the words "published on August 28, 2008,";

On page 3, paragraph 6.1.d.1., after the words "previous employers" by striking out the words "licensed to do business in this state";

On page 4, subsection 7.3., after the words "An elevator mechanic" by reinserting the stricken word "may" and striking out the underlined word "shall", and after the words "only under the" by striking out the word "direct", and after the words "licensed elevator mechanic" by striking out the period and inserting in lieu thereof a comma and the words "as specifically set forth in West Virginia Code § 21-3C-10a(c).";

On page 4, subdivisions 7.3.1. and 7.3.2, by striking out subdivisions 7.3.1 and 7.3.2 in their entirety;

On page 6, subdivision 10.3, after the words "the commissioner" by striking out the word "may";

On page 6, subdivision 12.1, after the words "state that has" by inserting the words "requirements substantially equivalent to those provided for by W. Va. Code §21-3C-1 et seq. and this rule, and has";

On page 7, subdivision 15.2, after the words "upon observing" by inserting the words "or learning of";

On page 8, paragraph (a), after the words "The name" by striking out the words "and address";

On page 8, paragraph (b), after the word "alleged" by striking out the words "unlawful act" and inserting in lieu thereof the word "infraction";

On page 8, paragraph (c), after the word "alleged" by striking out the words "unlawful act" and inserting in lieu thereof the word "infraction";

And,

On page 8, paragraph (d), after the word "alleged" by striking out the words "unlawful act" and inserting in lieu thereof the word "infraction".