reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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-ATHLETE
IF 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 40. West Virginia Real Estate License Act › §30-40-3. License Required

It is unlawful for any person to engage in 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. Prior to practicing real estate brokerage in this state, a license shall be obtained from the commission even if the person or entity is licensed in another state and is affiliated or otherwise associated with a licensed real estate broker in this state.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 40. West Virginia Real Estate License Act › §30-40-5. Scope of Practice; Exceptions

(a) The practice of real estate brokerage includes acting in the capacity of a broker, associate broker, or salesperson as defined in 30-40-4 of this code.
(b) The practice of real estate brokerage does not include the activities normally performed by an appraiser, mortgage company, lawyer, engineer, contractor, surveyor, home inspector, or other professional who may perform an ancillary service in conjunction with a real estate transaction.
(c) The provisions of this article do not apply to:
(1) Any person acting on his or her own behalf as owner or lessor of real estate.
(2) The regular employees of an owner of real estate, who perform any acts regulated by this article, where the acts are incidental to the management of the real estate:
Provided
, That the employee does not receive additional compensation for the act and does not perform the act as a vocation.
(3) Attorneys-at-law:
Provided
, That attorneys-at-law shall be required to submit to the written examination required under 30-40-12 of this code in order to qualify for a brokers license:
Provided, however
, That an attorney-at-law who is licensed as a real estate broker prior to July 1, 1980, is exempt from the written examination required under 30-40-12 of this code.
(4) Any person holding, in good faith, a valid power of attorney from the owner or lessor of the real estate.
(5) Any person acting as a receiver, trustee, administrator, executor, guardian, conservator, or under the order of any court or under the authority of a deed of trust or will.
(6) A public officer while performing his or her official duties.
(7) Any person acquiring or disposing of any interest in timber or minerals, or acquiring or disposing of properties for easements and rights of way.
(8) Any person employed exclusively to act as the management or rental agent for the real estate of one person or entity.
(9) Any person properly licensed pursuant to the provisions of 19-2C-1
et seq
. of this code when conducting an auction, any portion of which contains any leasehold or estate in real estate, only when the person so licensed is retained to conduct an auction by:
(A) A receiver or trustee in bankruptcy;
(B) A fiduciary acting under the authority of a deed of trust or will; or
(C) A fiduciary of a decedents estate.
(10) Any person employed by a broker in a noncommissioned secretarial or clerical capacity who may in the normal course of employment, be required to:
(A) Disseminate brokerage preprinted and predetermined real estate sales and rental information;
(B) Accept and process rental reservations or bookings for a period not to exceed 30 consecutive days in a manner and procedure predetermined by the broker;
(C) Collect predetermined rental fees for the rentals which are to be promptly tendered to the broker;
(D) Make appointments on behalf of the broker or licensed salesperson with buyers and sellers of real estate and potential buyers and sellers of real estate; or
(E) Any combination thereof.
2023 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.
2023 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, daily, into a special revenue fund known as the "real estate license fund" which is continued.
(b) Except as may be provided in 30-40-10 of this code, 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.
2023 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.
2023 West Virginia Code › Chapter 30. Professions and Occupations › Article 40. West Virginia Real Estate License Act › §30-40-11. Application for License

The commission shall only issue an original license to an applicant if he or she:
(a) Submits an application, in writing, on a form prescribed by the commission which shall contain, but is not limited to:
(1) The applicants Social Security number;
(2) A clear record indicating all jurisdictions where the applicant holds or has held any professional license;
(3) A clear record indicating if the applicant has been convicted of any criminal offense or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application;
(b) Is at least 18 years of age;
(c) Is a high school graduate or the holder of an equivalency diploma;
(d) Is trustworthy, of good moral character, and competent to transact the business of a broker, associate broker, or salesperson;
(e) Has paid the appropriate fee, if any, which shall accompany all applications for original license or renewal;
(f) Has submitted to a state and national criminal history record check, as set forth in this subsection:
Provided
, That an applicant for a license who is an attorney at law may submit a letter of good standing from the West Virginia State Bar in lieu of submitting to a state and national criminal history record check;
(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 complete the state and national criminal history record check, including:
(A) Submitting fingerprints for the purposes set forth in this subsection; and
(B) Authorizing the commission, 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.
(4) The results of the state and national criminal history record check may not be released to or by a private entity except:
(A) To the individual who is the subject of the criminal history record check;
(B) With the written authorization of the individual who is the subject of the criminal history record check; or
(C) Pursuant to a court order.
(5) The criminal history record check and related records are not public records for the purposes of chapter 29B of this code.
(6) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.
(7) Before implementing the provisions of this subsection, the commission shall propose rules for legislative approval in accordance with 29A-3-1
et seq
. of this code. The rules shall set forth the requirements and procedures for the criminal history record check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 42 U. S. C. A. 14611,
et seq
.