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HB 4291

Relating to authorizing the Board of Landscape Architects to promulgate a legislative rule application for waiver of initial licensing fees for certain individuals.

2026 Regular Session Introduced by Doug Smith

The bill would empower the Board of Landscape Architects to create a formal rule governing waivers of initial licensing fees for certain applicants.

To House Judiciary
#legislature--rulemaking
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Bill Summary · HB 4291

Overview

House Bill 4291 (HB 4291), introduced in the 2026 West Virginia legislative session, relates to licensing for landscape architects. The bill authorizes the Board of Landscape Architects to promulgate a legislative rule applying to waivers of initial licensing fees for certain individuals.

Purpose and Intent

  • To provide a mechanism for waiving initial licensing fees for specific categories of individuals seeking licensure as landscape architects.
  • To grant the Board of Landscape Architects the authority to establish, through legislative rule, criteria and procedures for when and how initial licensing fee waivers may be granted.

Key Provisions

  • Authority to Promulgate Rules: The Board of Landscape Architects would be empowered to create a legislative rule addressing waivers of initial licensing fees. This implies a formal rulemaking process rather than ad hoc waivers.
  • Criteria for Waivers: The rule would establish eligibility standards or conditions under which an applicant could receive a waiver. While the exact criteria are not specified in the provided summary, typical factors might include:
    • Economic hardship or low-income status
    • Veteran status or service-related exemptions
    • Student or educator status, or participation in certain professional development programs
    • Special circumstances identified by the Board
  • Scope of Waivers: The rule would define which applicants qualify (e.g., first-time applicants, certain professional backgrounds, or applicants pursuing licensure within specific timeframes).
  • Application and Review Process: The rule would outline how applicants apply for the waiver, required documentation, deadlines, and the Board’s review timeline.
  • Effective Date and Implementation: The bill would authorize the rule to take effect upon promulgation according to the state’s rulemaking process, and would likely specify transition provisions for current license applicants.

Affected Parties

  • Primary: Individuals seeking licensure as landscape architects in West Virginia who would be eligible for an initial licensing fee waiver under the Board’s rule.
  • Regulatory Body: The Board of Landscape Architects, which would administer the waiver program and enforce the rule.
  • State Government: Depending on implementation, administrative agencies involved in rulemaking and licensing processes may engage in coordination.

Procedural and Timeline Considerations

  • Referral Path: The bill was routed through House Government Organization and House Judiciary before a “do pass” decision by the Judiciary committee, indicating initial consideration focused on organizational and legal aspects, with cross-committee review.
  • Status: Filed for introduction on 2026-01-14; subsequent committee actions occurred on 2026-01-30 (to Judiciary, then “do pass, but first to Judiciary”).
  • Rulemaking Process: Since the bill authorizes a legislative rule, the eventual waivers would be implemented via the Board’s promulgated rule, subject to the state’s legislative rulemaking procedures (likely requiring publication, public notice and comment, and legislative review).

Potential Impacts and Considerations

  • Access and Equity: If implemented, waivers could improve access to licensure for individuals facing financial barriers, potentially expanding the pool of licensed landscape architects.
  • Fiscal Impact: The waiver program could have budgetary implications for the Board if the initial license fees represent a revenue source or if waivers affect funding for disciplinary and administrative operations.
  • Consistency and Oversight: Rulemaking would provide standardized criteria, reducing ad hoc decisions and increasing transparency, but would require clear, defensible standards to withstand administrative and legal scrutiny.
  • Stakeholder Effects: Applicants, educational institutions, professional associations, and employers in the landscape architecture field may have interest in the criteria and availability of waivers.

Summary

HB 4291 proposes enabling the West Virginia Board of Landscape Architects to establish a legislative rule that governs waivers of initial licensing fees for certain individuals. It focuses on creating formal criteria, application processes, and implementation mechanisms through rulemaking, with the aim of facilitating access to licensure while maintaining regulatory oversight.

Compiled from official sources — confirm details with the bill’s official record.

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