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WV Code § 30-38A-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-8. Background Check Requirements

(a) Upon application, the applicant, each owner who owns more than 10 percent, and the controlling person of the firm seeking registration shall submit to a state and national criminal history record check, as set forth in this section.(1) This requirement is found not to be against public policy.(2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.(3) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:(A) Submitting fingerprints for the purposes set forth in this subsection; and(B) Authorizing the board, the West Virginia State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.(b) The results of the state and national criminal history record check may not be released to or by a private entity except:(1) To the individual who is the subject of the criminal history record check;(2) With the written authorization of the individual who is the subject of the criminal history record check; or(3) Pursuant to a court order.(c) The criminal history record check and related records are not public records for the purposes of Chapter 29B of this code.(d) The applicant shall ensure that the criminal history record check is completed as soon as possible after the date of the original application for registration.(e) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.
WV Code § 30-38A-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-9. Surety Bond Requirements and Claims

(a) Each applicant shall post and maintain a surety bond with the board. The aggregate liability of the surety bond may not exceed the principal sum of the surety bond.(b) The surety bond shall:(1) Be established by the board through rules;(2) Not exceed $100,000;(3) Be in the form prescribed by the board;(4) Be issued by an surety company authorized to do business in West Virginia; and(5) Accrue to the state for the benefit of any claimant against the registrant to secure the faithful performance of the registrant's obligations.(c) The board may bring suit on behalf of the party having a claim against the registrant.(d) Consumer claims shall be given priority in recovering from the surety bond.(e) Claimants may make claim under the bond for up to one year after the applicant ceases doing business in West Virginia.(f) An appropriate deposit of cash or security may be accepted by the board in lieu of the required bond, as determined by the board through legislative rule.
WV Code § 30-38A-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-10. Fee Requirements

The fees assessed by the board, as established by legislative rule, shall include the annual fee for appraisal management companies and appraisal management companies that are subsidiaries of federally regulated financial institutions to be included in the national registry maintained by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
WV Code § 30-38A-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-11. Controlling Person Requirements

(a) An appraisal management company shall have a designated controlling person who will ensure compliance with this article and will be the main contact for all communication between the board and the appraisal management company.(b) The controlling person shall:(1) Be of good character and reputation;(2) Submit to national and state criminal background checks as set out in section eight of this article;(3) Never have had a license or certificate to act as an appraiser refused, denied, canceled, revoked or surrendered in this state or any other jurisdiction and not subsequently granted or reinstated;(4) Never have been a part of a firm that was permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisals, appraisal management services or operating an appraisal management company; and(5) Never have been the subject of an order of the board or any other jurisdiction's appraisal management company regulatory agency that denied or revoked the applicant's or firm's privilege to operate as an appraisal management company.
WV Code § 30-38A-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-12. Requirements for Removal From an Appraiser Panel

(a) An appraisal management company may only remove an appraiser from an appraiser panel or refuse to assign appraisals to an appraiser after providing the appraiser 20 days" prior written notice stating the reasons for the removal or refusal and providing an opportunity for the appraiser to be heard.(b) An appraiser who is removed from an appraiser panel or refused appraisal assignments for an alleged act or omission that would constitute grounds for disciplinary action under the provisions of §30-38-12 of this code, a violation of the Uniform Standards of Professional Appraisal Practice (USPAP), or a violation of state law or legislative rule may file a complaint with the board for a review of the appraisal management companys decision.(c) The boards review under this subsection is limited to determining whether:(1) The appraisal management company has complied with subsection (a) of this section; and(2) The appraiser has engaged in an act or omission that would constitute grounds for disciplinary action under the provisions of §30-38-12 of this code, or has committed a violation of the USPAP or a violation of state law or legislative rule.(d) The board shall hold a hearing on the complaint within a reasonable time, not exceeding six months after the complaint was filed, unless there are extenuating circumstances that are noted in the boards minutes.(e) If the board determines after the hearing that an appraisal management company acted improperly, then the board shall order the appraisal management company to restore the appraiser to the appraiser panel or assign appraisals to the appraiser.(f) After the boards order, an appraisal management company may not:(1) Reduce the number of appraisals given to the appraiser; or(2) Penalize the appraiser in any other manner.
WV Code § 30-38A-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-14. Unprofessional Conduct

An appraisal management company commits unprofessional conduct if it:(1) Requires an appraiser to modify an aspect of an appraisal which modification is not related to substandard performance or noncompliance with the terms of a contract or agreement;(2) Requires an appraiser to prepare an appraisal when the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary expertise for the specific geographic area or is otherwise not competent to perform the appraisal;(3) Requires an appraiser to prepare an appraisal under a certain time frame that the appraiser believes, in his or her own professional judgment and notifies the appraisal management company in a timely manner, that the appraiser does not have the necessary time to meet all the necessary and relevant legal and professional obligations;(4) Prohibits or inhibits communication between an appraiser and any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant;(5) Requests an appraiser to do anything that does not comply with:(A) The USPAP; or(B) The requests of the client; or(6) Makes any portion of the appraiser's fee or the appraisal management company's fee contingent on a favorable outcome, including:(A) A loan closing; or(B) An appraisal for a specific dollar amount.
WV Code § 30-38A-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-16. Disciplinary Action

The board may deny, revoke or refuse to issue or renew the registration of an appraisal management company or may restrict or limit the activities of an appraisal management company or of a person or firm that owns an interest in or participates in the business of an appraisal management company for the following reasons:(1) A person or firm acted as an appraisal management company or performed appraisal management services without being properly registered with the board;(2) A person or firm did not perform the duties set out in this article;(3) A person or firm engaged in unprofessional conduct as set out in this article;(4) A person or firm engaged in a prohibited act set out in this article;(5) The application for registration contained false or misleading information;(6) A person or firm fraudulently or deceptively obtains or attempts to obtain a registration;(7) A person or firm fraudulently or deceptively used a registration;(8) A person or firm violated the provisions of this article, this code, or the board's rules;(9) A person or firm was found guilty of a felony or pleaded guilty or nolo contendere to a felony;(10) Within the past ten years, a person or firm was found guilty of or pleaded guilty or nolo contendere to a misdemeanor involving:(A) Mortgage lending;(B) Appraisals;(C) Breach of trust; or(D) Fraudulent or dishonest dealing;(11) A person or firm is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisal management services or operating an appraisal management company;(12) A person or firm is the subject of an order of the board or any other jurisdiction's appraisal management company regulatory agency that denied, revoked or restricted a person's or firm's privilege to operate as an appraisal management company;(13) A person or firm failed to pay the applicable fees; or(14) For any other finding by the board.
WV Code § 30-38A-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-17. Notice and Hearing Procedures

(a) The board, on its own motion or upon receipt of a written complaint, may investigate an appraisal management company, a person or firm associated with an appraisal management company, or a person or firm performing appraisal management services.(b) If the board determines after the investigation there are grounds for disciplinary action, the board may hold a hearing after giving 30 days" prior notice.(c) The board has the same powers set out in §30-38-1 et seq. of this code.(d) After notice and a hearing, the board may:(1) Deny, revoke, or refuse to issue or renew the registration of an appraisal management company or restrict or limit the activities of an appraisal management company or of a person or firm that owns an interest in or participates in the business of an appraisal management company;(2) Impose a fine not to exceed $25,000 for each violation; or(3) Take other disciplinary action as established by the board by rule.(e) The board may seek injunctive relief in the Kanawha County Circuit Court to prevent a person or firm from violating the provisions of this article or the rules promulgated hereunder. The circuit court may grant a temporary or permanent injunction. (f) Within five days of a final disciplinary action, the board will report any action taken to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council via its extranet application.
WV Code § 30-39-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-1. Short Title

This article may be cited as the Uniform Athlete Agents Act.
WV Code § 30-39-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-3. Service of Process; Subpoenas

(a) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.(b) The Secretary of State may issue subpoenas for any material that is relevant to the administration of this article.
WV Code § 30-39-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-4. Athlete Agents: Registration Required; Void Contracts

(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under section six or eight of this article.(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:(1) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and(2) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
WV Code § 30-39-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-7. Suspension, Revocation, or Refusal to Renew Registration

(a) The Secretary of State may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection (b), section six of this article.(b) The Secretary of State may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The provisions of article five, chapter twenty-nine-a of this code apply to this article.
WV Code § 30-39-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-8. Temporary Registration

The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
WV Code § 30-39-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-9. Registration and Renewal Fees

An application for registration or renewal of registration must be accompanied by a fee in the following amount:(1) Fifty dollars for an initial application for registration;(2) Fifty dollars for an application for registration based upon a certificate of registration or licensure issued by another state;(3) Ten dollars for an application for renewal of registration; or(4) Ten dollars for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
WV Code § 30-39-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-10. Required Form of Contract

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties.(b) An agency contract must state or contain:(1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;(2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;(3) A description of any expenses that the student-athlete agrees to reimburse;(4) A description of the services to be provided to the student-athlete;(5) The duration of the contract; and(6) The date of execution.(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:WARNING TO STUDENT-ATHLETEIF YOU SIGN THIS CONTRACT:(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.(d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.
WV Code § 30-39-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-11. Notice to Educational Institution

(a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.(b) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.
WV Code § 30-39-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-12. Student-Athlete's Right to Cancel

(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed.(b) A student-athlete may not waive the right to cancel an agency contract.(c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.
WV Code § 30-39-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-13. Required Records

(a) An athlete agent shall retain the following records for a period of five years:(1) The name and address of each individual represented by the athlete agent;(2) Any agency contract entered into by the athlete agent; and(3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.(b) Records required by subsection (a) of this article to be retained are open to inspection by the Secretary of State during normal business hours.
WV Code § 30-39-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-14. Prohibited Conduct

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not:(1) Give any materially false or misleading information or make a materially false promise or representation;(2) Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or(3) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.(b) An athlete agent may not intentionally:(1) Initiate contact with a student-athlete unless registered under this article;(2) Refuse or fail to retain or permit inspection of the records required to be retained by section thirteen of this article;(3) Fail to register when required by section four of this article;(4) Provide materially false or misleading information in an application for registration or renewal of registration;(5) Predate or postdate an agency contract; or(6) Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.
WV Code § 30-39-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-15. Criminal Penalties

An athlete agent who violates subsection (a), section fourteen of this article is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or confined in a state correctional facility for not less than one nor more than three years, or both so fined and confined.An athlete agent who violates subsection (b), section fourteen of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 or confined in a county or regional jail for not more than one year, or both so fined and confined.
WV Code § 30-39-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-16. Civil Remedies

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this article. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.(b) Damages of an educational institution under subsection (a) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this article or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.(c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.(d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.(e) This article does not restrict rights, remedies, or defenses of any person under law or equity.
WV Code § 30-39-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-17. Administrative Penalty

The Secretary of State may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this article.
WV Code § 30-39-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-18. Uniformity of Application and Construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.