West Virginia Code § 19-11-4

Certificates of proficiency
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(a) Certificates of proficiency shall be issued by the commissioner to individuals who
successfully pass an examination given under the terms of this article.
(b) Persons requesting an examination shall pay an examination fee of $15 at the time of the
request. Requests for certification for several tests at one time shall be covered under one
examination fee. Reexaminations or examinations for additional tests subsequent to the
issuing of a certificate will require an additional fee of $15. Only persons of good character
shall be allowed to take this examination. Examinations shall be given within thirty days of
the request and at the time and place that the commissioner shaull designate.
(c) The examination to weigh and sample milk shall cover the skills needed to weigh and
sample milk for the purpose of establishing a price based on the components or weight or
volume of the product.
(d) The examination to test milk shall cover the skillls needed to test, weigh, measure and
sample milk for the purpose of establishing a sprice based on the components or the weight
or measure of the product. The examination will test the proficiency of performing the
Babcock test and all other testing methodsi used by that person for determination of the
components of milk. The certificate gof proficiency shall state which testing methods the
applicant will be certified to perform. Testers will have eight months from the effective date
of this article to obtain certificates for specific tests and licenses shall be issued under the
former certificates during this time period.
(e) Certificates shall be issued under a serial number to the person that passed the
examination and shall be permanent, except that in the case where the person does not
obtain a license as provided for under section five of this article for five successive years
then the certificate will automatically expire.
(f) Certificates shall be posted prominently at the person's place of business.
(g) Persons who fail the examination may be issued a temporary waiver by the commissioner
under terms established by rule. The temporary waiver is intended to give the person the
opportunity to learn the skills needed to pass the examination. No temporary waiver will be
issued if the interests of milk producers and purchasers of milk are not protected.
(h) If the examination to test milk is given at a site that requires travel to an out-of-state
location, the expenses incurred by the commissioner to travel to the location shall be paid by
the person requesting the examination.

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