reglab/housing_qa huggingface dataset:
WV Code § 30-38-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-7. General Powers and Duties

The board shall:(a) Define by rule the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this article;(b) Establish examination specifications as prescribed herein and provide for appropriate examinations;(c) Establish registration requirements and procedures for appraisal management companies under the provisions of article thirty-eight-a of this chapter;(d) Approve or disapprove applications for certification and licensure;(e) Approve or disapprove applications for registration under the provisions of article thirty-eight-a of this chapter;(f) Define by rule continuing education requirements for the renewal of certifications and licenses;(g) Censure, suspend or revoke licenses and certification as provided in this article;(h) Suspend or revoke registrations under the provisions of article thirty-eight-a of this chapter;(i) Hold meetings, hearings and examinations;(j) Establish procedures for submitting, approving and disapproving applications;(k) Maintain an accurate registry of the names, addresses and contact information of all persons certified or issued a license to practice under this article;(l) Maintain an accurate registry of the names, addresses and contact information of all persons and firms registered under the provisions of article thirty-eight-a of this chapter;(m) Maintain accurate records on applicants and licensed or certified real estate appraisers;(n) Maintain accurate records on applicants under the provisions of article thirty-eight-a of this chapter;(o) Issue to each licensed or certified real estate appraiser a pocket card with the appraiser's name and license or certification number. Pocket cards are the property of the State of West Virginia and, upon suspension or revocation of the license to practice pursuant to this article, will be returned immediately to the board;(p) Issue registration numbers to registrants under the provisions of article thirty-eight-a of this chapter;(q) Deposit all fees collected by the board to the credit of the West Virginia appraiser licensing and certification board fund established in the office of the State Treasurer. The board shall disburse moneys from the account to pay the cost of board operation. Disbursements from the account may not exceed the moneys credited to it;(r) Keep records and make reports as required by article one of this chapter; and(s) Perform any other functions and duties necessary to carry out the provisions of this article and article thirty-eight-a of this chapter.
WV Code § 30-38-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-8. Board Fund; Disposition of Funds

(a) The West Virginia appraiser licensing and certification board fund established in the office of the State Treasurer is continued.(b) The disposition of all funds received by the board shall be governed by the provisions of section ten, article one of this chapter.
WV Code § 30-38-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-9. Rulemaking

(a) The board may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to provide for:(1) Licensure and certification requirements, including requirements for applications, examinations, reciprocity, temporary permits, apprentice permits and reinstatement;(2) Registration requirements, including delinquent and expired registrations, for appraisal management companies under the provisions of article thirty-eight-a of this chapter;(3) Fees for licenses, renewals of licenses and other services provided by the board;(4) A fee schedule for registrations of appraisal management companies under the provisions of article thirty-eight-a of this chapter;(5) Surety bond requirements for registrations of appraisal management companies under the provisions of article thirty-eight-a of this chapter;(6) Requirements and procedures for appraisal management companies to maintain records under the provisions of article thirty-eight-a of this chapter;(7) Experience, education and continuing education requirements and approval of courses; and(8) Any other purpose to carry out the requirements of this article and article thirty-eight-a of this chapter.(b) The rule governing appraiser qualifications must include requirements which meet or exceed the education, experience and examination requirements issued or endorsed by the appraisal qualifications board of the appraisal foundation.(c) Any rules in effect on the effective date of the reenactment of this section during the regular session of the legislature in 2013 will remain in effect until amended, modified, repealed or replaced, except that references to provisions of former enactments of this act are interpreted to mean provisions of this article.
WV Code § 30-38-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-10. Civil Liability for Board Members; Liability Limitations of Professionals Reporting to Board

(a) Members of the board will be immune from individual civil liability for actions taken in good faith and without malice, within the scope of their duties as board members.(b) Any person licensed or certified by this board who reports or otherwise provides evidence of violations of this article or the board's rules by another person engaging in real estate appraisal activity to the board, is not liable for making the report if it is made without malice and in the reasonable belief that the report is warranted by the facts known to him or her at the time.
WV Code § 30-38-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-12. Refusal to Issue or Renew License or Certification; Suspension or Revocation; Grounds for Disciplinary Action

(a) The following acts or omissions are grounds for disciplinary action, and the board may refuse to issue or renew a license or certification, or after issuance may suspend or revoke a license or certification or impose disciplinary sanctions for:(1) Procuring or attempting to procure license or certification under this article by knowingly making a false statement, submitting false information or making a material misrepresentation in an application filed with the board, or procuring or attempting to procure a license or certification through fraud or misrepresentation;(2) Paying money other than the fees provided for by this article to any member or employee of the board to procure a license or certification under this article;(3) An act or omission in the practice of real estate appraising which constitutes dishonesty, fraud or misrepresentation with the intent to substantially benefit the licensee or another person or with the intent to substantially injure another person;(4) Entry of a final civil or criminal judgment against a licensee on grounds of fraud, misrepresentation or deceit in the making of an appraisal of real estate;(5) Conviction, including a conviction based upon a plea of guilty or nolo contendre, of a crime which is substantially related to the qualifications, functions or duties of a person developing real estate appraisals and communicating real estate appraisals to others;(6) Making a false or misleading statement in that portion of a written appraisal report that deals with professional qualifications or in any testimony concerning professional qualifications;(7) Violation of any section of this article, or any rule of the board;(8) Violation of the confidential nature of governmental records to which a licensee gained access through employment or engagement as an appraiser by a governmental agency;(9) Acceptance of a fee that is or was contingent upon the appraiser reporting a predetermined analysis, opinion, or conclusion, or is or was contingent upon the analysis, opinion, conclusion or valuation reached, or upon the consequences resulting from the appraisal assignment;(10) Failing to meet the minimum qualifications for state licensure or certification established by or pursuant to this article; or(11) Failing or refusing without good cause to exercise reasonable diligence, or negligence or incompetence, in developing an appraisal, preparing an appraisal report, or communicating an appraisal.(b) Every person licensed or certified by the board has a duty to report to the board in a timely manner any known or observed violation of this article or the board's rules by any other person licensed or certified by the board.
WV Code § 30-38-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-13. Disciplinary Proceedings

(a) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of this article or the rules of the board.(b) The board may revoke, suspend or refuse to renew the license or certificate or otherwise discipline an appraiser, or deny an application, for any of the acts or omissions set forth in this article or in the rules of the board.(c) If an investigation indicates that an appraiser licensed or certified by the board has violated a law or rule, the board shall serve a formal complaint upon the appraiser. The accused party is required to file an answer within twenty days of the date of service.(d) In responding to a complaint, the accused party may admit the allegations of the complaint, deny the allegations of the complaint or otherwise plead. Failure to make a timely response shall be considered an admission of the allegations of the complaint.(e) The board may make informal disposition of the matter, including entering into a consent agreement, or taking one or more of the disciplinary actions set forth in the board's rules.(f) In a disciplinary proceeding based upon a civil judgment, the licensee shall be afforded an opportunity to present matters in mitigation and extenuation but may not collaterally attack the civil judgment.
WV Code § 30-38-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-14. Hearings; Orders; Entry of Order Without Notice and Hearing; Judicial Review; Appeals to Supreme Court of Appeals

(a) Subject to the provisions of subsection (c) of this section, the board shall provide notice and hearing to the accused party in advance of the entry of any order. The hearing and the administrative procedures are governed by the provisions of article five, chapter twenty-nine-a of this code and the board's rules, and will be held at a time and place set by the board, but may not be held less than thirty or more than ninety days after the notice is given. A hearing may be continued by the board on its own motion or for good cause shown. At any hearing a party may represent himself or herself, or be represented by an attorney admitted to practice before any circuit court of this state.(b) The board has the power and authority to issue subpoenas and subpoenas duces tecum, administer oaths and examine any person under oath in connection with any subject relating to duties imposed upon or powers vested in the board.(c) If the board finds that extraordinary circumstances exist which require immediate action, it may without notice or hearing enter an order taking any action permitted by this article. Immediately upon the entry of the order, certified copies shall be served upon all persons affected, who upon demand are entitled to a hearing at the earliest practicable time.(d) If, at the conclusion of the hearing, the board determines that an appraiser has violated any of the provisions of this article or the board's rules, it shall prepare a formal decision containing findings of fact, conclusions of law, and disciplinary actions to be taken.(e) The board may elect to have an administrative law judge or hearing examiner conduct the hearing. If the board makes this election, the administrative law judge or hearing examiner shall present a decision containing recommended findings of fact, conclusions of law, and appropriate disciplinary actions to be taken. The board may accept, reject or modify the decision of the administrative law judge or hearing examiner.(f) Any party adversely affected by a final order or decision made by the board after a hearing is entitled to judicial review as provided in article five, chapter twenty-nine-a of this code.(g) Any party adversely affected by a final judgment of a circuit court following judicial review may seek review by appeal to the Supreme Court of Appeals in the manner provided in article six, chapter twenty-nine-a of this code.
WV Code § 30-38-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-15. Penalties

(a) Any person engaging in real estate appraisal activity in this state who is not licensed under this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $1,000 and shall be ineligible to obtain a license for a period of one year from the date of his or her conviction of such offense: Provided, That the board, at its discretion, may grant a license within a period of one year upon a finding of extenuating circumstances, and after an administrative hearing.(b) Any person acting or purporting to act as a certified real estate appraiser who is not certified under this article is guilty of a misdemeanor and, upon conviction, shall be fined not more than $2,500 or imprisoned in the county or regional jail for not more than one year, or both.(c) If any person receives any money or the equivalent as a fee, commission, compensation or profit by or in consequence of a violation of any provision of this article, he or she shall, in addition to the penalties prescribed above, be subject to a penalty of not less than the sum of money so received nor more than three times the sum as may be determined by the court, which penalty may be recovered in a court of competent jurisdiction by any person aggrieved as a result of any such violation.
WV Code § 30-38-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-16. Collection of Appraisal Fees

No person engaged in the business of real estate appraising in this state or acting in the capacity of a real estate appraiser in this state may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal services for which a license is required by this article without alleging and proving that he or she was the holder of a valid real estate appraiser license in this state at all times during the performance of such services.
WV Code § 30-38-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-17. Standards of Professional Appraisal Practice

Each real estate appraiser licensed or certified under this act shall comply with generally accepted standards of professional appraisal practice and generally accepted ethical rules to be observed by a real estate appraiser. Generally accepted standards of professional appraisal practice are currently evidenced by the uniform standards of professional appraisal practice promulgated by the appraisal foundation. The board may, after a public hearing or public comment period held in accordance with provisions of 29A-3-1 et seq., adopt revised versions or make modifications of or additions to the uniform standards of professional appraisal practice.
WV Code § 30-38-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-18. Attorney General Opinions and Duties

At the request of the board, the state Attorney General shall render to the board an opinion with respect to all questions of law arising in connection with the administration of this article and shall act as attorney for the board in all actions and proceedings brought by or against the board under, or pursuant to, any of the provisions of this article. All fees and expenses of the Attorney General arising out of such duties shall be paid out of the special fund created under this article to pay the expenses of the administration of this article.
WV Code § 30-38-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38. The Real Estate Appraiser Licensing and Certification Act|§30-38-19. Temporary Permit

(a) The board may issue a temporary permit to perform one specific assignment relating to the appraisal of real estate or real property in this state to an applicant who:(1) Completes an application;(2) Pays a nonrefundable application fee;(3) Provides an irrevocable consent that service of process upon him or her may be made by service of process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as a real estate appraiser in this state, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant; and(4) Meets the requirements for a temporary permit as established by the board by legislative rule.(b) The temporary permit is subject to the terms, conditions and limitations set forth by the board by legislative rule.
WV Code § 30-38A-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-1. Unlawful Acts

(a) Commencing July 1, 2014, it is unlawful for any person or firm to perform or offer to perform appraisal management services, or act as an appraisal management company within this state without a registration issued by the West Virginia Real Estate Appraiser Licensing and Certification Board under the provisions of this article.(b) Commencing July 1, 2014, it is unlawful for any person or firm not registered under the provisions of this article to advertise or use a title or description conveying the impression that the person or firm is registered to perform appraisal management services or registered to act as an appraisal management company within this state.
WV Code § 30-38A-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-2. Applicable Law

Appraisal management companies and appraisal management services covered under the provisions of this article are subject to the requirements set forth in this article and the rules promulgated hereunder, and the provisions of article one and article thirty-eight of this chapter.
WV Code § 30-38A-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-4. Registration Requirements

(a) A person or firm performing or offering to perform appraisal management services or acting as an appraisal management company within this state shall be registered with the board.(b) A firm applying for a registration may not be owned, directly or indirectly by: (1) A person who has had a license or certificate to act as an appraiser refused, denied, canceled, or revoked in this state or any other jurisdiction, unless the license or certificate was subsequently granted or reinstated; or(2) A firm that employs a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in this state or any other jurisdiction, unless the license or certificate was subsequently granted or reinstated.(c) The board may issue a registration to perform appraisal management services or act as an appraisal management company to a person or firm that:(1) Makes written application to the board as set out in 30-38A-6 of this code;(2) Submits certifications as set out in 30-38A-7 of this code;(3) Submits national and state criminal background checks as set out in 30-38A-8 of this code;(4) Posts a surety bond as set out in 30-38A-9 of this code;(5) Pays the applicable fees as set out in 30-38A-10 of this code;(6) Has a designated controlling person as set out in 30-38A-11 of this code; and(7) Meets any other requirement set by the board.(d) The registrations issued under the provisions of this article shall be renewed annually on July 1.(e) Registrations not renewed in a timely manner are delinquent. To reinstate a delinquent registration, the registrant must pay a monthly penalty, as set by the board.(f) A registration that has been delinquent for more than three months shall be considered expired and a new application for registration is required.(g) The board shall issue a registration number to each appraisal management company registered in this state.(h) The board shall keep a list of appraisal management company registered in this state and publish the list on its website.
WV Code § 30-38A-5 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-5. Exemptions

This article does not apply to:(a) A financial institution, including a department or unit within an institution that is regulated by an agency of this state or the United States government; or(b) An appraisal management company that is a subsidiary wholly owned and controlled by a financial institution regulated by a federal financial institution regulatory agency.
WV Code § 30-38A-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 38A. Appraisal Management Companies Registration Act|§30-38A-6. Written Application Requirements

(a) The written application shall be submitted on a form prescribed by the board and shall include:(1) The name, the street and mailing address and the contact information, including telephone number and e-mail address, of the person or firm seeking registration;(2) The name, the street and mailing address and the contact information, including telephone number and e-mail address, of each owner of more than ten percent of the firm seeking registration;(3) The name, the street and mailing address and the contact information, including telephone number and e-mail address, of the controlling person of the firm seeking registration; and(4)(A) If the applicant is a domestic firm, the designation of an agent for service of process; or(B) If the applicant is a foreign firm, documentation that the foreign firm is authorized to do business in West Virginia and that an agent for service of process has been designated and the following has been submitted:(i) A copy of the filing with the Secretary of State’s Office appointing an agent for service of process; and(ii) A certificate of authority issued by the Secretary of State.(b) The board shall maintain a list of all applicants for registration that includes the information in the written application.