reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-01 - Licensing Real Estate Brokers, Associate Brokers, and Salespersons and the Conduct of Brokerage Business › Section 174-1-20 - Licensee's Duty to Report Other Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1 Licensee to inform Commission of
				disciplinary action by other licensing jurisdiction. -- When any licensee who
				holds a license in another jurisdiction is found to be in violation of that
				jurisdiction's license law, it is the duty of the licensee to supply the
				Commission with a copy of the complaint, any answer(s) filed, and all documents
				which show the disposition of the matter, including the judgment, findings and
				sanctions imposed against the licensee. This information must be submitted
				within thirty (30) days of the disposition.
20.2. Licensee to inform Commission of civil
				action. -- When any licensee is a party to any civil suit or proceeding arising
				out of any transaction involving real property other than actions for eviction
				or for the collection of back rent, it is_the duty of the licensee to supply
				the Commission with a copy of the judgment or final disposition of the case
				prior to the date of the licensee's next renewal.
20.3. Licensee to inform Commission of
				criminal action. -- When any licensee is a defendant in any criminal
				proceeding, it is the duty of the licensee to supply the Commission, within
				thirty (30) days of the notice of the criminal offense, with a copy of the
				petition, complaint, warrant, indictment, or information, and the answer filed,
				if any. The licensee shall also advise the Commission of the disposition of the
				case and the nature and amount of any judgment, verdict, finding or sentence
				made, entered or imposed within thirty (30) days of such
				disposition.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-02 - Schedule of Fees › Section 174-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the fees to be charged by the
				Commission.
1.2. Authority. -- W.
				Va. Code §
									30-40-8.
1.3. Filing Date. - April 10, 2024
1.4. Effective Date. - April 10,
				2024
1.5. Sunset provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-02 - Schedule of Fees › Section 174-2-2 - Schedule of fees

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Salesperson/Broker license application fee: $25.00.
2.2. Examination fees: Up to $150.00 for each
				examination taken, which, in the event of a third-party examination provider,
				shall not exceed the negotiated fee agreed to by the examination
				provider.
2.3. Licensure fees:
2.3.a. broker or associate broker license
				fee: $150.00 for the initial and any subsequent license;
2.3.b. salesperson license fee: $ 75:00 for
				the initial and any subsequent license; and
2.3.c. branch office license fee:
				$150.00.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-02 - Schedule of Fees › Section 174-2-3 - Insufficient funds

Current through Register Vol. XLI, No. 28, July 12, 2024
Funds tendered to the Commission for any fee set forth in
				  this rule which remains unpaid due to insufficient funds or for other reason
				  shall nullify the transaction for which the fee remains unpaid. The Commission
				  will afford the payee a reasonable opportunity to pay the fee. If the
				  non-payment is the result of a returned check, only a certified check, money
				  order or credit card charge will be accepted to cure the non-payment. The
				  Commission may require payment of any actual charges or expenses incurred by
				  the Commission prior to lifting the nullification of the transaction. The
				  Commission may also take appropriate collection action and may require the
				  payee to pay the charges of such action.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-02 - Schedule of Fees › Section 174-2-4 - Fees Not Refundable

Current through Register Vol. XLI, No. 28, July 12, 2024
All fees are non-refundable and will not be
				  pro-rated.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-02 - Schedule of Fees › Section 174-2-5 - Effect of Non-Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
Failure to pay any of the fees required under this
				  legislative rule is just cause for refusal to issue or renew a license or the
				  Commission may initiate disciplinary proceedings for violation of this
				  rule.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-03 - Requirements For Real Estate Courses, Course Providers And Instructors › Section 174-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the minimum requirements and qualifications
				necessary for approval of real estate courses, course providers and instructors
				and the regulation of same.
1.2.
				Authority. -- W. Va. Code §
									30-40-8.
1.3. Filing Date. - April 10, 2024
1.4. Effective Date. - April 10,
				2024
1.5. Sunset provision. -- This
				rule shall terminate and have no further force or effect upon the expiration of
				August 1, 2029.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-03 - Requirements For Real Estate Courses, Course Providers And Instructors › Section 174-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Applicant"
				means any person, partnership, association or corporation who is making
				application to the Commission under this rule.
2.2. "Approved education provider" means
				education institution, both accredited post-secondary education institution and
				proprietary education institution, approved and registered with the Commission
				to offer Commission approved pre-license and continuing education
				courses.
2.3. "ARELLO" means the
				Association of Real Estate License Law Officials.
2.4. "Commission" means the West Virginia
				Real Estate Commission as authorized by W. Va. Code §
									30-40-6.
2.5. "Continuing education" means the
				professional development education as mandated in W. Va. Code §
									30-40-16 and required to renew a
				real estate broker or salesperson license on an active status.
2.6. "Distance Education" means courses
				whereby instruction does not take place in a traditional classroom setting but
				rather where the teacher and student are separated by distance and sometimes by
				time, or both, and the instruction takes place through media.
2.7. "Post-Secondary education institution"
				means any education institution accredited as such by an accrediting agency
				officially recognized by the United States Department of Education.
2.8. "Pre-license education" means courses
				mandated in W. Va. Code §
									30-40-14 as prerequisite to obtain
				a real estate broker or salesperson license.
2.9. "Primary education provider" means a
				course developer who has a proprietary interest in the course and may deliver
				the course and/or market it to secondary providers.
2.10. "Secondary course provider" means an
				approved provider which obtains a distance education course from a primary
				provider for the purpose of offering it to licensees.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-03 - Requirements For Real Estate Courses, Course Providers And Instructors › Section 174-3-4 - Audits of approved providers, courses and instructors; Report and response required; Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				All approved providers, courses and instructors shall be subject to audit by
				the Commission or its authorized representative(s) to ensure compliance with
				the West Virginia Real Estate License Act and the Commission's rules.
4.2 In the event of such an audit,
				all documentation and information requested and deemed necessary to complete
				the audit, shall be made available to the Commission or its representative(s).
				This may include, but is not limited to:
4.2.a. Registrations;
4.2.b. Attendance records;
4.2.c. Course completion records and
				certificates of course completion;
4.2.d. Advertisements, including information
				published on social media;
4.2.e.
				Course materials used in conducting the course; and
4.2.f. Any additional documentation
				reasonably requested by the Commission.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-03 - Requirements For Real Estate Courses, Course Providers And Instructors › Section 174-3-5 - Disciplinary Actions for approved Pre-license and Continuing Education Providers and Instructors

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Commission may take disciplinary action(s) against an approved provider or
				instructor in accordance with the procedural rules of the Commission and other
				applicable law if found in violation of any of the following:
5.1.a. Is a party to any falsification of any
				document or other information provided to the Commission;
5.1.b. Publishes or causes to be published
				any advertisement which is not in compliance with the provisions of the West
				Virginia Real Estate Licensing Act and the Commission's rules;
5.1.c. Does not comply with any provision of
				the West Virginia Real Estate Licensing Act or the Commission's
				rules;
5.1.d. Engages in conduct
				which constitutes or demonstrates dishonest dealings, bad faith or
				untrustworthiness;
5.1.e. Awards
				credit to any student who fails to comply with the attendance requirements as
				set forth in Commission's rules;
5.1.f. Fails to file with the Commission
				accurate and complete records as required by these rules or fails to furnish
				any documents requested by the Commission by the stated deadline;
5.1.g. Does not correct problems identified
				in a Commission audit report; or
5.1.h. Conducts any course of education
				without active approval by the Commission;
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies a procedure for the investigation and resolution of complaints
				against real estate brokers, associate brokers and salespersons and the conduct
				of contested case hearings.
1.2.
				Authority. -- W. Va. Code '30-40-8.
1.3. Filing Date. -- March 21,
				2007.
1.4. Effective Date. -- April
				20, 2007.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and phrases as used in this rule have the
				  following meanings, unless the context otherwise requires:
2.1. "Commission" means the West Virginia
				real estate commission.
2.2.
				"Executive Director" means the executive director of the West Virginia real
				estate commission.
2.3. "License"
				means a license to act as a broker, associate broker or salesperson.
2.4. "Licensee" means a person holding a
				license.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-3 - Causes for Denial of Licenses or Discipline of Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Commission may deny an application
				for license, place a licensee on probation, limit or restrict a license,
				suspend or revoke any license, or otherwise discipline any licensee in
				accordance with these rules and W. Va. Code '30-40-1, et
				seq., upon satisfactory proof that a licensee has been convicted of a felony or
				is engaged in conduct, or committed other acts, practices or acts constituting
				professional negligence or a willful departure from accepted standards of
				professional conduct in violation of W. Va. Code '30-40-1, et
				seq., or the rules of the Commission.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-5 - Contested Case Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Hearings shall be conducted in accordance with the provisions of article five,
				chapter twenty-nine-a of this code and the Commission=s rules.
5.2. 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.
5.3. Any member of the Commission has the
				authority to administer oaths and to examine any person under oath.
5.4. If, after hearing, the Commission
				determines the licensee has violated any provision of W. Va. Code
				'30-40-1, et
				seq., the Commission=s rules or any order or final decision issued by the
				Commission, a formal decision shall be prepared which contains findings of
				fact, conclusions of law and specifically lists the disciplinary actions
				imposed.
5.5. The Commission may
				elect to have an administrative law judge or hearing examiner conduct the
				hearing.
5.5.a. In such cases where the
				Commission elects to utilize an administrative law judge or hearing examiner,
				the administrative law judge or hearing examiner shall:
5.5.a.1. Be in control of the proceedings as
				presiding officer,
5.5.a.2. Have
				the authority to administer oaths,
5.5.a.3. Have the authority to admit or
				exclude testimony or other evidence, and
5.5.a.4. Have the authority to rule on all
				motions and objections.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-6 - Subpoena Powers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Commission subpoenas for books, papers, records, and other evidence will be
				issued to a party upon request. Subpoenas for witnesses may also be obtained.
				The Executive Director of the Commission, or other representative designated by
				the Commission, shall issue all subpoenas for both parties upon reasonable
				cause shown. The request must specify the documents sought to be obtained and
				the full names and addresses of the witnesses whose testimony is
				sought.
6.2. Discovery procedures
				shall consist of those procedures authorized under the State Administrative
				Procedure Act found in W. Va. Code '29A-5-1,
				et seq.
6.3. In the event of a
				refusal to obey a subpoena, either party or the Commission may petition the
				circuit court for its enforcement. If a proper showing is made, the circuit
				court shall order the person to obey the subpoena; if the person fails to obey
				the order of the court, the person may be found guilty of contempt of
				court.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-7 - Conduct of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If a
				licensee, upon who a proper notice of hearing has been served, fails to appear
				in person at the hearing, the Commission or presiding officer may proceed to
				conduct the hearing (or may enter such other order or judgement deemed
				appropriate) and the licensee shall be bound by the results of such hearing to
				the same extent as if the licensee were present.
7.2. Before testimony is presented, the
				record shall show the identity of any Commission members present, of the
				presiding officer, and of the primary parties and their representatives, and
				shall reflect that all testimony is being recorded. The licensee may challenge
				any member of the Commission for cause prior to the commencement of the
				hearing; the members of the Commission (with the challenged member abstaining)
				shall decide by the majority vote whether cause exists and whether the
				challenged member shall participate in the hearing. The Commission or presiding
				officer shall set dates, times and rules for hearings and shall rule on all
				issues. Hearings shall generally be conducted in the following order, subject
				to modification at the discretion of the Commission or presiding officer:
7.2.a. The Presiding Officer may read a
				summary of the charges and answers there­to, and other responsible
				pleadings filed by the licensee prior to the hearing.
7.2.b. The Assistant Attorney General
				representing the State's interest before the Commission may make a brief
				opening statement, which may include a summary of charges and the witnesses and
				documents to support such.
7.2.c.
				The licensee shall be offered the opportunity to make an opening
				statement.
7.2.d. The presentation
				of evidence on behalf of the State, including a summary at the close of the
				evidence on behalf of the State.
7.2.e. The presentation of evidence on behalf
				of the licensee.
7.2.f. Rebuttal
				evidence on behalf of the State, if any.
7.2.g. Rebuttal evidence on behalf of the
				licensee, if any.
7.2.h. Closing
				arguments, if any, by all interested parties on behalf of the Commission and on
				behalf of the licensee.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-8 - Disposition

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. At the
				conclusion of any contested case hearing the Commission or presiding officer
				shall make Findings of Fact and Conclusions of Law and may:
8.1.a. Dismiss the charges. In the event the
				charges are dismissed, and before a decision by the Commission is reported, the
				file shall be confidential;
8.1.b.
				Impose one or more sanctions as considered appropriate in the circumstances for
				the discipline of a licensee. Available sanctions include, but are not limited
				to, denial of a license or renewal thereof, administrative fine not to exceed
				one thousand dollars per day per violation, probation, revocation, suspension,
				reexamination, restitution, require additional education, censure, denial of
				future license, downgrade of license, reprimand, impose all costs associated
				with the investigation and prosecution of the licensee upon the licensee, order
				the return of compensation collected from an injured consumer, or any other
				sanction pursuant to W. Va. Code '30-40-1, et
				seq.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-9 - Final Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				final decision of the Commission shall be filed with the Executive Director. A
				copy of the decision and order shall immediately be sent by certified mail,
				return receipt requested, to the licensee=s last known address or may be served
				in the manner of original notices upon the licensee.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-10 - Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. 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.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-11 - Application for Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any person whose license or
				certification has been revoked or suspended by the Commission may apply to the
				Commission for reinstatement in accordance with the terms of the order of
				revocation or suspension. If an order of revocation does not establish terms
				upon which reinstatement might occur, an initial application for reinstatement
				may not be made until two (2) years has elapsed from the date the order becomes
				effective, and successive applications shall be made no more often than once
				every two (2) years.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-12 - Publication of Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Final decisions of the Commission relating to disciplinary actions, including
				consent agreements and consent orders, may be transmitted to the appropriate
				professional association(s), other licensing jurisdictions, news media and
				other interested persons or organizations.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-05 - Compliance With Requirement That Broker's Trust Fund Accounts Be Insured Against Loss › Section 174-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				interpretive rule authorizes the use of a cash sweep product when a broker's
				trust fund account exceeds the amount that is insured against loss at a
				financial institution where the broker has a trust fund account.
1.2. Authority. - W. Va. Code §
									29A-3-8.
1.3. Filing Date. - June 9, 2016.
1.4. Effective Date. - July 11,
				2016.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-05 - Compliance With Requirement That Broker's Trust Fund Accounts Be Insured Against Loss › Section 174-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Addendum"
				means the form required to be submitted to the Commission to comply with the
				provisions of §
									30-40-18(j)
				by any Broker utilizing a cash sweep product and opening a cash sweep account
				in accordance with the provisions of this rule.
2.2. "Broker" has the definition set forth in
				§
									30-40-4.
2.3. "Cash sweep account" means the account
				that is established by agreement between the broker and a financial institution
				where the Broker has a trust fund account, which shall be in accordance with
				the provisions of this rule.
2.4.
				"Cash sweep product" means the product that is contracted for by a financial
				institution to offer to its depositors that allows for the temporary transfer
				and custodial deposit of funds from a trust fund account in accordance with the
				cash sweep account agreement entered into between the broker and a financial
				institution where the Broker has a trust fund account.
2.5. "Commission" has the definition set
				forth in §
									30-40-4.
2.6. "Excess funds" or "exceed the amount
				that is insured against loss" means more than the amount that is insured
				against loss by a financial institution insured against loss by an agency of
				the federal government which, as of the effective date of this section, is the
				Federal Deposit Insurance Corporation (FDIC), which insures losses up to
				$250,000 of the total amount on deposit by a Broker in that financial
				institution.
2.7. "Relationship
				institution" means a financial institution where the Broker has both a trust
				fund account and a cash sweep account and also means the financial institution
				serving as the custodian of the cash sweep account.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-05 - Compliance With Requirement That Broker's Trust Fund Accounts Be Insured Against Loss › Section 174-5-4 - Cash Sweep Accounts Generally; Not Exclusive Means of Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any broker
				with excess funds may utilize a cash sweep product and open a cash sweep
				account in accordance with this rule.
4.2. Cash sweep accounts shall conform with
				all provisions of West Virginia Code §
									30-40-18 and
				related rules, including West Virginia Code R.§ 174-1-16.
4.3. Brokers shall submit an Addendum to
				their Trust Fund Account Statement and Consent to Examine to the Commission
				within ten (10) business days of entering into an agreement to establish a cash
				sweep account at a financial institution for which a Trust Fund Account
				Statement and Consent to Examine is on file with this Commission. This Addendum
				shall be on a form prescribed by the Commission.
4.4. Nothing in this interpretive rule
				prohibits the broker from establishing multiple trust fund accounts to meet the
				insurance requirements of §
									30-40-18(c).
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 174-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for waiving the initial licensing fee for low
				income individuals and military personnel and their spouses.
1.2. Authority. -- WV Code §
									30-40-8
1.3. Filing Date. - April 1, 2020
1.4. Effective Date. - July 1. 2020
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon July 1, 2025.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 174-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commission"
				means the West Virginia Real Estate Commission.
2.2. "REC-LIW" means the Real Estate
				Commission Low Income Waiver form used to request a waiver of the initial
				licensing fee for low income individuals, as authorized in W.Va. Code §
									30-1-23;
2.3. "Initial license" means an individual
				applying for a license in West Virginia sought for the first time;
2.4 "Local labor market" means every county
				in West Virginia, and any county outside of West Virginia if any portion of
				that county is within fifty miles of the border of West Virginia, pursuant to
				W.Va. Code §
									21-1C-2;
2.5. "Low-income individuals" means
				individuals in the local labor market as defined in West Virginia Code §
									21-1C-2,
				whose household adjusted gross income is below 130 percent of the federal
				poverty line. This term also includes any person enrolled in a state or federal
				public assistance program including, but not limited to, the Temporary
				Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition
				Assistance Program;
2.6. "Military
				families" means any person who serves as an active member of the armed forces
				of the United States, the National Guard, or a reserve component as described
				in 38 U. S. C. §
										101, honorably discharged veterans of those
				forces, and their spouses. This term also includes surviving spouses of
				deceased service members who have not remarried; and
2.7 "REC-MFW" means the Real Estate
				Commission Military Family Waiver form used to request a waiver of the initial
				licensing fee for military service members and their spouses as described in
				§
									30-1-22.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 174-6-3 - Request for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant seeking a low-income
				individual or military family waiver of the initial licensing fee shall apply
				for licensure to the Commission and provide the required documentation of
				eligibility for waiver.
3.2. The
				Commission shall provide the application form and instructions on what
				documentation is necessary to submit with the license application requesting
				the low-income individual or military family initial licensing fee
				waiver.
3.3. An applicant shall
				submit all required documentation to the Commission and upon the submission of
				a complete application, the Commission shall review the application and issue a
				decision within 30 days of receipt of the completed application.
3.4. The Commission may issue a license to an
				applicant who meets the requirements for licensure, under the West Virginia
				Real Estate License Act and the rules promulgated by the Commission, and the
				Commission shall waive the initial licensing fee for an applicant that meets
				the requirement of "low-income individuals" or "military families" as defined
				in W.Va. Code §
									30-1-23.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-06 - Application for Waiver of Initial Licensing Fees for Certain Individuals › Section 174-6-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals
				requesting a waiver of initial licensure fees for low income or military
				service personnel and their spouses, shall submit with the application for
				licensure the initial licensure waiver REC-LIW or REC-MFW form and the
				appropriate documentation as specified in this section.
4.2. To establish low income eligibility for
				the initial licensing fee waiver, an applicant shall submit to the Commission
				evidence that the adjusted gross income of the household of the applicant is
				below 130% of the federal poverty level by submitting documentation of
				eligibility for:
4.2.1. Temporary Assistance
				for Needy Families Program;
4.2.2.
				Medicaid;
4.2.3. Supplemental
				Nutrition Assistance Program; or
4.2.4. A Federal Tax Return.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-07 - Consideration of Prior Criminal Convictions in Initial License Eligibility Determination › Section 174-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for consideration of prior criminal convictions in
				initial licensure eligibility determination.
1.2. Authority. -- WV Code §
									30-40-8
1.3. Filing Date. - April 1, 2020
1.4. Effective Date. - July 1, 2020
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon July 1, 2025.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-07 - Consideration of Prior Criminal Convictions in Initial License Eligibility Determination › Section 174-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commission"
				means the West Virginia Real Estate Commission established pursuant to W. Va.
				Code §
									30-40-4
et seq
.
2.2.
				"Initial license" means obtaining a license in West Virginia for the practice
				of real estate brokerage services for the first time.
2.3. "License" or "licensure" means the
				official authorization by the Commission to engage in the practice of real
				estate.
2.4. "Unreversed", as that
				term refers to a criminal conviction, means that a conviction has not been set
				aside, vacated, pardoned, or expunged.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-07 - Consideration of Prior Criminal Convictions in Initial License Eligibility Determination › Section 174-7-3 - Rational nexus to the practice of real estate brokerage

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The commission may not disqualify an
				applicant from initial licensure because of a prior criminal conviction (s)
				that remains unreversed unless that conviction is for a crime(s) that bears a
				rational nexus to the practice of real estate. In determining whether a
				criminal conviction bears a rational nexus to a real estate, the commission
				shall consider at a minimum:
3.1.a. The
				nature and seriousness of the crime for which the individual was
				convicted;
3.1.b. The passage of
				time since the commission of the crimes;
3.1.c. The relationship of the crime(s) to
				the ability, capacity, and fitness required to perform the duties and discharge
				the responsibilities of a licensed salesperson, associate broker or broker;
				and
3.1.d. Any evidence of
				rehabilitation or treatment undertaken by the individual.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-07 - Consideration of Prior Criminal Convictions in Initial License Eligibility Determination › Section 174-7-4 - Application after denial

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Notwithstanding any other provision of the W. Va. Code to the contrary, if an
				applicant has been denied licensure because of a prior criminal conviction, the
				commission shall permit the applicant to apply for initial licensure if:
4.1.a. A period of five years has elapsed
				from the date of conviction of the disqualifying event or the date of release
				from incarceration, whichever is later;
4.1.b. The individual has not been convicted
				of any other crime (s) during the period of time following the disqualifying
				offense (s); and
4.1.c. The
				conviction(s) was not for an offense of a violent or sexual nature:
Provided,
that a conviction for an offense of a violent or
				sexual nature may subject an individual to a longer period of disqualification
				from licensure, to be determined by the commission on a case by case
				basis.
West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-07 - Consideration of Prior Criminal Convictions in Initial License Eligibility Determination › Section 174-7-5 - Petition for licensure eligibility determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual with a criminal record who
				has not previously applied for licensure may petition the commission at any
				time for a determination of whether the individual's criminal record will
				disqualify the individual from obtaining a license.
5.2. The petition shall be submitted on an
				application form prescribed by the commission and shall include sufficient
				details about the individual's criminal record to enable the commission to
				identify the jurisdiction where the conviction occurred, penalties imposed, the
				date of the conviction, and the specific nature of the conviction.
5.3. The applicant may submit with the
				petition for licensure eligibility determination, evidence of rehabilitation,
				letters of reference, and any other information the applicant deems relevant to
				show fitness and the ability to practice real estate sales.
5.4. The commission shall provide the
				determination within 60 days of receiving the petition and the applicable fee
				from the applicant. The fee shall be equal to the Application fee required in
				WV CSR § 174-2-2.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-01 - Licensed Retailer Operations › Section 175-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule explains and clarifies, the process for ordering, transporting and advertising alcoholic liquors by licensed retailers. This rule also explains and clarifies the permissible activities of a licensed retailer and the relationship between the manufacturer of alcoholic liquors and a licensed retailer.
1.2. Authority. -- W. Va. Code §
									60-3A-6.
1.3. Filing Date. -- May 1, 2012.
1.4. Effective Date. -- May 1, 2012.
1.5. Forms. -- All forms are available at the ABCC office or on the internet at
www.abca.wv.gov
.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-01 - Licensed Retailer Operations › Section 175-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, and unless the context clearly requires a different meaning, the following terms have the following meaning and apply in the singular and in the plural.
2.1. "Active retail license" means a current license for a retail outlet that has been open and in continuous operation for a period of not less than 12 months prior to July 1, 2010, or July 1st for every ten year license period thereafter.
2.2. "Active retail licensee" means a person who holds an active retail license as of June 2, 2009, that person's successor or any person who holds and operates an active retail license when it expires at the end of a ten-year period.
2.3. "Advertisement" means any audio, visual or other electronic display promoting alcoholic liquors through the medium of billboards, newspapers, magazines, or similar publications and display materials or equipment. The term advertisement does not include:
2.3.a. Any label, affixed to a container of alcoholic liquors or any individual covering, carton or other wrapper of the container, or
2.3.b. Any editorial or other reading matter in any periodical or publication for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to this rule.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-01 - Licensed Retailer Operations › Section 175-1-4 - Alcoholic Liquors - Ordering, Receiving and Paying

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The ABCC will provide to retail outlets or make available on the ABCC website at
www.abca.wv.gov
, a Quarterly Spirits Price List on a quarterly basis. The Quarterly Spirits Price List includes all price changes imposed by distillers, importers, suppliers and others. The Commissioner shall provide price changes no more often than four (4) times per twelve (12) month period, on the effective dates of February 1, May 1, August 1 and November 1. Distillers, importers, suppliers and others are required to provide notice of price increases at least sixty (60) days prior to the beginning of the next quarter. Failure to provide advance notice of price changes may result in the Commissioner delisting certain or all of the products of the noncompliant distiller, importer, supplier or other purveyor of alcoholic liquors. The Commissioner will provide a licensed retail outlet with an updated copy of the Quarterly Spirits Price List approximately two weeks in advance of each effective date or make it available on the ABCC website at www.abca.wv.gov.
4.1.a. In addition to complete West Virginia product information and pricing structure, the Quarterly Spirits Price List will contain all alcoholic liquor products normally listed and available from the ABCC. Further pricing is disseminated by the annual publication of the ABCC Tradeshow Catalog with pricing as submitted by manufacturers or suppliers for wholesale sales at the annual ABCC Tradeshow to licensed retailers for his or her retail outlet. Following is a line by line explanation of information in the Quarterly Spirits Price List and the ABCC Tradeshow Catalog.
4.1.a.1. "Class Code." This line indicates the type of product in the respective listing; i.e., "bottled-in bond." Products are listed alphabetically and by ascending size within their respective class.
4.1.a.2. Column 1 -- "Brand Name." An abbreviated twenty-five (25) character description of the distilled spirit.
4.1.a.3. Column 2 -- "Unit Size." The product bottle size is listed in metric measurement.
Metric Conversion Table
Metric Size
Converted to Ounces
50 ml.
1.7 oz.
200 ml.
6.8 oz.
375 ml.
12.7 oz.
500 ml.
16.9 oz.
750 ml.
25.4 oz.
1. Liter
33.8 oz.
1.75 Liter
59.2 oz.
4.1.a.4. Column 3 -- "Proof." Indicates the alcoholic proof of the product.
4.1.a.5. Column 4 -- "Case Pack." Indicates the number of bottles in a full case.
4.1.a.6. Column 5 -- "Merchandise Code." This is the code number which identifies the product and is to be used when ordering from ABCC. The number can range from one (1) to four (4) digits in length.
4.1.a.7. Column 6 -- "Case Price Wholesale." The wholesale price charged for a full case.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-01 - Licensed Retailer Operations › Section 175-1-5 - Manufacturer Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Improper inducements. -- Federal and state law prohibits a manufacturer from providing inducements, directly or indirectly, to any licensed retailer to purchase alcoholic liquors from the manufacturer to the exclusion, in whole or in part, of products sold or offered for sale by another manufacturer. Prohibited inducements include:
5.1.a. Acquiring or holding any interest in any license with respect to the retail outlet or any other premises which is owned, occupied or used in any manner by the licensed retailer or his or her immediate family;
5.1.b. Acquiring any interest in real or personal property which is owned, occupied, or in any manner used by the licensed retailer or his or her immediate family in the conduct of the retail outlet or any other of his or her businesses;
5.1.c. Furnishing, giving, renting, lending, or selling to the licensed retailer or his or her immediate family any equipment, fixtures, exterior signs, supplies, money, services or other things of value, except that a manufacturer may furnish to a licensed retailer items of nominal value for in-store display or sales purposes for use only within the licensed retail outlet.
5.1.d. Paying or crediting the licensed retailer or his or her immediate family for any advertising, display, or distribution services;
5.1.e. Guaranteeing any loan for the repayment of any financial obligation of the licensed retailer or his or her immediate family; or
5.1.f. Requiring the licensed retailer to take and dispose of a certain quota of any distilled spirits.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-02 - Private Club Licensing › Section 175-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule specifies the licensure requirements, reasons for denial of a
				license, reasons for revocation or sanctioning and/or suspending a license, as
				well as hearing procedures.
1.2.
				Authority. -- W. Va. Code §
									60-2-16, §60-2-17, and
				§60-7-10.
1.3. Filing Date. --
				April 5, 2024.
1.4. Effective Date.
				-- May 1, 2024.
1.5. Sunset Date.
				-- This rule shall terminate and have no further force or effect upon August 1,
				2029.
West Virginia Code of State Rules › Agency 175 - Alcohol Beverage Control Commission › Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER › Series 175-02 - Private Club Licensing › Section 175-2-4 - Operation of Private Club

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Sale to members and guests. - No licensee is authorized to sell alcoholic
				liquor or nonintoxicating beer for consumption on the premises of said licensee
				except to its members and their guests, while in the company of a member, and
				said alcoholic liquors must have been purchased from the West Virginia Alcohol
				Beverage Control Commissioner. No open container or mixed alcoholic liquor
				drink, nonintoxicating beer or nonintoxicating craft beer, or wine, may be
				carried into or out of any type of private club or any premises licensed by the
				Commissioner, except as provided in the Code and this rule.
4.2. Age for purchase of alcoholic beverages.
				- No licensee shall sell any alcoholic beverage or nonintoxicating beer to
				individuals below the age of 21 years. The licensee must require proof of age
				by way of at least one of three documents certifying the age of the individual,
				one form of proof shall be either a valid driver's license, commercial driver's
				license or Department of Motor Vehicles identification card showing that the
				holder is at least 21 years of age. The following are considered to be valid
				proofs of age.
4.2.1. A valid West Virginia
				driver's license showing that the holder is at least 21 years of age.
4.2.2. A valid West Virginia Commercial
				Driver's license (CDL) license showing that the holder is at least 21 years of
				age.
4.2.3. A West Virginia
				Department of Motor Vehicles identification card showing that the holder is at
				least 21 years of age.
4.2.4. A
				driver's license from another state may be accepted if there is no indication
				or evidence that the license has been altered.
4.2.5. Any other valid means of satisfactory
				proof with picture identification showing the individual to be at least 21
				years of age.
The failure to produce satisfactory proof of age upon demand
				  entitles the licensee to refuse to sell alcoholic beverages to the
				  individual.