reglab/housing_qa huggingface dataset:
WV Code § 30-39-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-19. Electronic Signatures in Global and National Commerce Act

The provisions of this article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.
WV Code § 30-39-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-20. Severability

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
WV Code § 30-39-21 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 39. Uniform Athlete Agents Act|§30-39-21. Effective Date

This article takes effect on July 1, 2001.
WV Code § 30-40-1 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-1. Legislative Findings

The Legislature hereby finds and declares that the practice of real estate brokerage is a privilege and any person engaged in the professional practice of real estate brokerage should possess the requisite experience and training and be subject to adequate regulation and control. As a matter of public policy, it is necessary to protect the public interest from the unauthorized, unqualified and unregulated practice of real estate brokerage through enactment of this article and to regulate the granting of such privileges and their use. This article shall be liberally construed to carry out these purposes.
WV Code § 30-40-2 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-2. Short Title

This article shall be known and may be cited as the "West Virginia Real Estate License Act".
WV Code § 30-40-3 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-3. License Required

It shall be unlawful for any person to engage in or carry on, directly or indirectly, or to advertise or hold himself or herself out as engaging in or carrying on the business or act in the capacity of a real estate broker, associate broker or salesperson within this state without first obtaining a license as provided for in this article.
WV Code § 30-40-4 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-4. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:(a) "Applicant" means any person who is making application to the commission for a license.(b) "Associate broker" means any person who qualifies for a broker's license, but who is employed or engaged by a licensed broker to engage in any activity regulated by this article, in the name of and under the direct supervision of the licensed broker.(c) "Broker" means any person who for compensation or with the intention or expectation of receiving or collecting compensation:(1) Lists, sells, purchases, exchanges, options, rents, manages, leases or auctions any interest in real estate; or(2) Directs or assists in the procuring of a prospect calculated or intended to result in a real estate transaction; or(3) Advertises or holds himself or herself out as engaged in, negotiates or attempts to negotiate, or offers to engage in any activity enumerated in subdivision (1) of this subsection.(d) "Commission" means the West Virginia Real Estate Commission as established in section six of this article.(e) "Compensation" means fee, commission, salary or other valuable consideration, in the form of money or otherwise.(f) "Designated broker" means a person holding a broker's license who has been appointed by a partnership, association, corporation, or other form of business organization engaged in the real estate brokerage business, to be responsible for the acts of the business and to whom the partners, members, or board of directors have delegated full authority to conduct the real estate brokerage activities of the business organization.(g) "Distance education" means courses of instruction in which instruction takes place through media where the teacher and student are separated by distance and sometimes by time.(h) "Inactive" means a licensee who is not authorized to conduct any real estate business and is not required to comply with any continuing education requirements.(i) "License" means a license to act as a broker, associate broker or salesperson.(j) "Licensee" means a person holding a license.(k) "Member" means a commissioner of the Real Estate Commission.(l) "Real estate" means any interest or estate in land and anything permanently affixed to land.(m) "Salesperson" means a person employed or engaged by or on behalf of a broker to do or deal in any activity included in this article, in the name of and under the direct supervision of a broker, other than an associate broker.
WV Code § 30-40-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-8. Rule-Making Authority

(a) The commission may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which are necessary for the conduct of its business, the holding of hearings and for the general implementation, enforcement and administration of the provisions of this article, including, but not limited to, establishing, administering and governing the following:(1) Fees for applications, examinations, licenses, renewal of licenses, changes to licenses requiring reissuance, courses, investigations, copies of records, license certifications and other fees considered necessary by the commission, none of which shall be prorated or refundable: Provided, That the fee schedule in effect prior to enactment of this article, enumerated in section nine, article twelve, chapter forty-seven of this code, shall continue to be effective until withdrawn, revoked or amended;(2) The minimum requirements and qualifications necessary for approval by the commission of providers, instructors and the course content of any prelicense education course required in section fourteen of this article;(3) The experience required of an applicant;(4) The minimum standards for licensure;(5) The standards for examinations;(6) The minimum requirements and qualifications necessary for approval by the commission of providers, instructors and courses of continuing professional education required by section sixteen of this article;(7) Continuing professional education requirements for licensees, including any exemptions;(8) Renewal of licenses;(9) Use of firm or trade name;(10) Denying, suspending, revoking or reinstating a license;(11) Form and use of contracts used in a real estate transaction;(12) Notification required to clients or customers of agency relationship;(13) Professional conduct requirements; and(14) Any other purpose to carry out the requirements of this article or to protect the public interest.(b) All rules in effect as of the passage of this article previously promulgated by the commission pursuant to article twelve, chapter forty-seven of this code will remain in effect until amended, modified, repealed or replaced, except that references to provisions of former enactments of this article are interpreted to mean provisions of this article.
WV Code § 30-40-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-9. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the commission shall be deposited into the treasury of the state, at least once each month, into a special revenue fund known as the "real estate license fund" which is continued.(b) Except as may be provided in section ten, article one of this chapter, the commission shall retain the amounts in the special revenue fund from year to year and no funds collected under this article may be used by the commission for any purpose other than the administration and enforcement of this article. No compensation or expense incurred under this article is a charge against the General Revenue Fund.(c) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.
WV Code § 30-40-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-10. Civil Liability for Commission Members; Liability Limitations of Person Reporting to Commission

(a) Members of the commission shall be immune from individual civil liability for actions taken in good faith and without malice, within the scope of their duties as commission members.(b) Any person who reports or otherwise provides evidence of violations of this article, the commission's rules, orders or final decisions to the commission or other law-enforcement agency, 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 § 30-40-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-12. Qualifications for Broker's License

(a) An applicant for a broker's license shall:(1) Have served an apprenticeship as a licensed salesperson for two years or shall produce evidence satisfactory to the commission, in its sole discretion, of real estate experience equivalent to two years full-time experience as a licensed salesperson;(2) Submit satisfactory evidence of having completed the required education course as provided for in section fourteen of this article;(3) Successfully pass the examination or examinations provided by the commission.(b) No broker's license shall be issued in the name of a corporation, association or partnership except through one of its members or officers.(c) No broker's license shall be issued in the name of a corporation, association or partnership unless each member or officer, who will engage in the real estate business, obtains a license as a real estate salesperson or associate broker.
WV Code § 30-40-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-13. Qualifications for Salesperson's License

An applicant for a salesperson's license shall:(1) Submit satisfactory evidence of having completed the required education course as provided in section fourteen of this article.(2) Successfully pass the examination or examinations provided by the commission.
WV Code § 30-40-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-14. Prelicense Education

(a) Applicants for a broker's license shall provide evidence satisfactory to the commission that he or she has completed at least one hundred eighty clock-hours, equivalent to twelve college semester credit hours, in a course or courses approved by the commission: Provided, That an applicant for a broker's license who holds a salesperson's license in this state shall only be required to provide evidence that he or she has completed ninety clock-hours, equivalent to six college semester hours, in a course or courses approved by the commission.(b) Applicants for a salesperson's license shall provide evidence satisfactory to the commission that he or she has completed ninety clock-hours, equivalent to six college semester credit hours, in a course or courses approved by the commission.(c) Any course required by subsection (a) or (b) of this section must have been completed during the five-year period preceding the date of application in order to be accepted by the commission.
WV Code § 30-40-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-15. Licensing Nonresidents

(a) The commission may recognize a valid license issued by another jurisdiction as satisfactorily qualifying a nonresident person to obtain a comparable license in this state: Provided, That the nonresident has qualified for original license in his or her jurisdiction of residence by examination and by complying with all the provisions for obtaining an original license in that jurisdiction and the jurisdiction affords the same privilege to licensees of this state.(b) In order to obtain a license in this state, a nonresident applicant must:(1) Submit the appropriate application and fee, if any;(2) Sign a statement that the applicant has read the real estate license law and rules of this state and agrees to abide by those provisions in all brokerage activity conducted in this state;(3) Cause the real estate licensing body of the applicant's resident jurisdiction to furnish a certification of licensure which shall contain a clear record of any disciplinary actions;(4) Cause the real estate licensing body of any other jurisdiction where the applicant currently holds or has held a real estate license to furnish a certification of licensure which shall contain a clear record of any disciplinary actions;(5) File with the commission an irrevocable written designation that appoints the executive director of the commission to act as the nonresident licensee's agent, upon whom all judicial and other process or legal notices directed to the licensee may be served. The designation must stipulate and agree that service upon the executive director is equivalent to personal service upon the licensee. A copy of the designation of appointment, certified by the seal of the commission, may be admitted into evidence with the same force and affect as the original. The executive director shall mail a copy of any process or legal notice immediately upon receipt, by certified mail, to the last known business address of the licensee. No judgment by default may be taken in any action or proceeding until after thirty days of mailing and then only upon certification by the executive director that a copy of the judicial, other process or legal notice was mailed as required; and(6) File with the commission, a bond in the penalty of $2,000 if the applicant wishes to maintain an active license in this state. The bond must be issued by a recognized surety and must be for the benefit of and to indemnify any person in this state who may have a cause of action against the principal.
WV Code § 30-40-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-16. Continuing Professional Education

(a) Every licensee shall complete seven hours of continuing professional education for each fiscal year, with each hour equaling fifty minutes of instruction.(b) Upon application for the renewal of a real estate license on active status, each licensee must furnish satisfactory evidence, as established by the commission, that he or she has completed seven hours of approved continuing professional education during the term of the previous license: Provided, That if the commission issues a license certificate for a period of more than one fiscal year, each licensee must furnish satisfactory evidence that he or she has completed the equivalent of seven hours of continuing professional education for each year covered by the term of the previous license.(c) When a licensee in an inactive status makes application to revert to an active status, he or she must furnish satisfactory evidence to the commission that he or she has completed the approved continuing professional education that would have been required for active status at the time the license was renewed.(d) Approval from the commission shall be obtained by each provider and instructor and for any course prior to any advertising or offering of the course.(e) Real estate-related continuing education courses provided by or approved by the real estate appraiser licensing and certification board, the department of highways, the West Virginia State Bar or other agency of this state shall be recognized as approved by the commission.(f) If approved in advance by the commission, distance education courses may be used to satisfy the continuing education requirement.(g) Any licensee holding a license on July 1, 1969, and continuously thereafter, shall be exempt from the continuing professional education requirement.
WV Code § 30-40-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-20. Complaints; Investigation

(a) The commission may upon its own motion and shall upon the filing of a complaint setting forth a cause of action under this article, or the rules promulgated thereunder, ascertain the facts and if warranted hold a hearing for the suspension or revocation of a license, or the imposition of sanctions against a licensee: Provided, That no disciplinary action may be brought against a licensee upon any complaint that is filed more than two years after the acts or omissions alleged in the complaint or, where the licensee is alleged to have engaged in fraud, deceit or misrepresentation, more than two years after the date at which the complainant discovered, or through reasonable diligence should have discovered, the alleged unprofessional conduct. Time limits for the filing of a complaint shall be tolled during any period in which material evidence necessary for the commission's evaluation or use is unavailable to the commission due to an ongoing criminal investigation or prosecution.(b) All complaints must be submitted in writing and must fully describe the acts or omissions constituting the alleged unprofessional conduct.(c) Upon initiation or receipt of the complaint, the commission shall provide a copy of the complaint to the licensee for his or her response to the allegations contained in the complaint. The accused party shall file an answer within twenty days of the date of service. Failure of the licensee to file a timely response may be considered an admission of the allegations in the complaint: Provided, That nothing contained herein shall prohibit the accused party from obtaining an extension of time to file a response, if the commission, its executive director or other authorized representative permits the extension.(d) The commission may cause an investigation to be made into the facts and circumstances giving rise to the complaint and any person licensed by the commission has an affirmative duty to assist the commission, or its authorized representative, in the conduct of its investigation.(e) After receiving the licensee's response and reviewing any information obtained through investigation, the commission shall determine if probable cause exists that the licensee has violated any provision of this article or the rules.(f) If a determination that probable cause exists for disciplinary action, the commission may hold a hearing in compliance with section twenty-one of this article or may dispose of the matter informally through a consent agreement or otherwise.
WV Code § 30-40-21 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-21. Hearings; Judicial Review; Cost of Proceedings

(a) Hearings shall be conducted in accordance with the provisions of article five, chapter twenty-nine-a of this code and the commission's rules.(b) Hearings shall be held at a time and place determined by the commission, but in no event less than thirty days after the notice of hearing is given.(c) Any member has the authority to administer oaths and to examine any person under oath.(d) If, after hearing, the commission determines the licensee has violated any provision of this article, or the commission's rules, a formal decision shall be prepared which contains findings of fact, conclusions of law and specifically lists the disciplinary actions imposed.(e) The commission may elect to have an administrative law judge or hearing examiner conduct the hearing. If the commission makes this election, the administrative law judge or hearing examiner, at the conclusion of a hearing, shall prepare a proposed order which shall contain findings of fact and conclusions of law. The commission may request that disciplinary actions imposed be a part of the proposed order, or may reserve this obligation for its consideration. The commission may accept, reject or modify the decision of the administrative law judge or hearing examiner.(f) Any person adversely affected by any decision or final order made by the commission, after a hearing, is entitled to judicial review by the circuit court of the county where the hearing was held.(g) In addition to any other sanction imposed, the commission may require a licensee to pay the costs of the proceeding.
WV Code § 30-40-22 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-22. Penalties for Violations

(a) Any person violating a provision of this article or the commission's rules is guilty of a misdemeanor. Any person convicted of a first violation shall be fined not less than $1,000 nor more than $2,000, or confined in the county or regional jail not more than ninety days, or both fined and confined;(b) Any person convicted of a second or subsequent violation shall be fined not less than $2,000 nor more than $5,000, or confined in the county or regional jail for a term not to exceed one year, or both fined and confined;(c) Any corporation, association or partnership convicted of a first violation of this article or the commission's rules, shall be fined not less than $2,000 nor more than $5,000;(d) Any corporation, association or partnership convicted of a second or subsequent violation, shall be fined not less than $5,000 nor more than $10,000;(e) Any officer, member, employee or agent of a corporation, association or partnership, shall be subject to the penalties herein prescribed for individuals;(f) Each and every day a violation of this article continues shall constitute a separate offense;(g) In addition to the penalties herein provided, if any person receives compensation for acts or services performed in violation of this article, he or she shall also be subject to a penalty of not less than the value of the compensation received nor more than three times the value of the compensation received, as may be determined by a court of competent jurisdiction. Any penalty may be recovered by a person aggrieved as a result of a violation of this article;(h) The penalties provided in this section do not apply to a violation of the duties or obligations of a financial institution under the certification required by subdivision (7), subsection (j), section eighteen of this article by a financial institution providing trust fund account services to a broker.
WV Code § 30-40-23 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 40. West Virginia Real Estate License Act|§30-40-23. Single Act Evidence of Practice

One act by any person in consideration of receiving compensation, or with the expectation or intention of receiving such compensation, or upon the promise of receiving compensation for any act or service contained in this article shall constitute and consider the person a broker, associate broker or salesperson subject to the provisions of this article.