reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-11 - Map Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
Map maintenance involves recorded or parcel boundary
				  description changes, making map corrections, and notifying map users of the
				  changes on a regular basis, Maintenance also includes the constant correction
				  and improvement of the maps from new and more accurate survey data. There
				  should also be a plan for re-mapping areas at as large a scale as necessary, to
				  more clearly depict new subdivisions and areas of rapid development and
				  growth
11.1. Parcel Splits. -- Parcel
				numbers are changed whenever parcels (alias names: parcel prefix or parent
				parcel) are split into sub-parcels (alias names: parcel suffix, child parcel,
				parcel split number).
11.1.a. Parcel Split
				Number. -- If a parcel of land is split into sub-parcels or lots, then the new
				identification number shall be created by using:
11.1.a.1. Original parcel number.
11.1.a.2. Decimal point.
11.1.a.3. Split number -1 through last number
				required.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-12 - Cooperative Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
County assessors are encouraged and hereby authorized to
				  enter into cooperative agreements with other county assessors for the purpose
				  of providing mapping services.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-13 - Request for Proposals and Contractor Selection

Current through Register Vol. XLI, No. 28, July 12, 2024
When contracting for the development of mapping services,
				  the assessor shall develop a request for proposals (RFP) that embodies the
				  technical and cartographic specifications set forth in this regulation. See
Standard on Contracting for Assessment Services
(lAAO 2002).
				  The assessors may request sample RFP's from the Property Tax Division,
				  Department of Revenue.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-14 - Map Security

Current through Register Vol. XLI, No. 28, July 12, 2024
Tax maps are fundamental to the appraisal process of real
				  estate because the maps help determine the location of property, indicate the
				  size and shape of each parcel, and reveal its relations to pertinent features
				  that affect value Therefore, in order to ensure the continued updating,
				  safekeeping and availability of tax maps, the county assessors, and their
				  agents, shall adhere to the following:
14.1. Provide appropriate storage for the
				protection of the maps and computerized data. As insurance against loss or
				damage, and as assurance of an adequate historical record of ownership, it is
				recommended that at least one reproducible set of maps and computerized map
				data be stored in a fireproof environment at a location different from the
				place where the originals are stored or used. The computerized map data should
				consist of the full data set that data producers use in their daily business
				operations. The Department of Revenue is authorized to be a repository for this
				information, provided that such information shall not be copied, sold or
				distributed without the authorization from the assessor of the county from
				which the information was created.
14.2. Make a copy at least once a
				year.
14.3. Should a master set of
				maps become lost, destroyed or damaged, the county assessor is responsible for
				replacing the master maps.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-15 - Statewide Digital Parcel Boundary File

Current through Register Vol. XLI, No. 28, July 12, 2024
Once a year, as part of the State Parcel Management Program,
				  a state parcel boundary file with minimum attributes shall be standardized
				  across jurisdictional boundaries to meet statewide business needs including
				  emergency response and economic development. To fulfill this annual
				  requirement, during the month of April, all county assessors who maintain
				  automated systems shall submit their digital parcel boundary files and
				  associated metadata to the State Tax Department in accordance with prescribed
				  submission guidelines. It is recommended that digital parcel files be
				  geo-referenced, seamless, topologically validated, and linkable to the
				  Integrated Assessment System. The State Tax Department may provide this
				  information to any federal, state, or local government agency for their limited
				  use. The further reproduction and distribution shall be in accordance with
				  paragraph 7.8.c.6 of this rule.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-16 - County Monitoring

Current through Register Vol. XLI, No. 28, July 12, 2024
In accordance with guidelines prescribed in the County
				  Monitoring Plan, the State Tax Department shall periodically audit county
				  assessors to ensure that their surface tax maps are in compliance with this
				  regulation. The completed report shall be submitted to the State Tax
				  Commissioner and Property Valuation and Procedures Commission for review and
				  subsequent action.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-17 - References

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17.1. International
				Association of Assessing Officers (lAAO). 2002.
Standard on Contracting
				for Assessment Services.
Website:
http://www.iaao.org/
.
17.2. International Association of Assessing
				Officers (lAAO). 2003.
Standard on Digital Cadastral Maps and Parcel
				Identifiers.
Website:
http://www.iaao.org/
17.3. International Association of Assessing
				Officers (LAAO). 2004.
Standard on Manual Cadastral Maps and Parcel
				Identifiers.
Website:
http://www.iaao.org/
17.4. Federal Geographic Data Committee's
				(FGDC) Cadastral Data Subcommittee. 2006.
Cadastral NSDI Reference
				Document.
Website:
http://www.nationalcad.org/
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-03 - Statewide Procedures For The Maintenance And Publishing Of Surface Tax Maps › Section 189-3-18 - Glossary of Terms

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All terms are defined in the context of this
				  regulation.
18.1. Annotation. -- Text
				or labels placed on a map and usually tied to a particular graphic element. It
				is one of the most time-consuming tasks in constructing tax maps.
18.2. Attribute. -- A single element of
				non-graphic information (name of owner, property area, property value, etc.)
				stored in a database field and associated with a single map property parcel.
				Attributes may be attached to a point, line, or polygon feature and may be used
				to query features or create annotation.
18.3. Base Map. -- A map portraying basic
				reference features such as roads, lakes and streams onto which other thematic
				spatial information such as property or parcel outlines, easements, rights of
				way or other special features are placed.
18.4. Boundaries.
18.4.a. Tax District Boundary. -- Tax
				district boundaries are defined as the rural tax district boundaries adopted by
				the WV Legislature in 1978. The boundaries were drawn from 1:24,000-scale USGS
				topographic maps in 1978 and coincide with county magisterial districts as of
				July 1,1973. Unlike magisterial districts that are realigned every ten years
				following the census, the tax district boundaries do not follow equal
				representation requirements and do not change over time. (W.Va. Code
				§§
										7-2-7
				and
				11-3-1a).
18.4.b. Assessment Tax Boundary. -- Unlike
				the official tax district boundaries derived from county magisterial districts
				in 1978, an "assessment tax boundary" changes over time and can consist of
				individual tax parcels that lie in more than one tax district or county (W.Va.
				Code §§
										11-4-14,
				11-4-15,
				and
				11-4-16).
				The peripheral property line of all the parcels within each district delineates
				the assessment tax boundaries.
18.4.c. Corporation Tax Boundary. -- The
				corporation tax boundary coincides with the incorporated municipality
				boundaries which are cooperatively produced by local governments and the U.S.
				Census Bureau.
18.4.d. County
				Boundary. -- The official county boundaries are derived from the 1:24,000-scale
				U.S. Geological Survey's topographic maps (W.Va. Code §
										7-2-6).
				Disputed county boundary lines are reviewed by the circuit court (W.Va. Code
				§
										7-2-1).
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-04 - Uniform Statewide Procedures For The Manual Maintenance Of Surface Tax Maps › Section 189-4-1 - General

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1.1 Type of
				regulation. - These regulations are procedural regulations as defined in West
				Virginia Code §
									29A-3-1
				et seq.
1.2 Scope. - These
				procedural regulations, as approved by the Property Valuation Training and
				Procedures Commission on August 21, 1990, provide necessary guidance and
				clarification to assure uniform statewide procedures for the manual maintenance
				of surface tax maps.
1.3 Authority.
				- These procedural regulations are authorized by West Virginia Code §
									11-1C-4(d).
1.4 filing Date. - These procedural
				regulations were filed. the State Register on September 27, 1990.
1.5 Effective Date. - These procedural
				regulations are effective immediately upon filing in the State
				Register.
1.6 Citation. These
				procedural regulations may be cited as 189 C.S.R. 4, § __________
				(1990).
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-04 - Uniform Statewide Procedures For The Manual Maintenance Of Surface Tax Maps › Section 189-4-4 - Existing Surface Tax Maps

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia's present mapping system contains the following
				  elements:
4.1 Individual Surface Tax
				Maps. A set of detailed tax maps prepared at 1" = 400', 1" = 100', 1" = 800',
				and 1" =-50' scales. These maps show property boundary lines, dimensions and/or
				areas, and other pertinent identifying information.
4.2 Index Maps. County, district and
				corporation (municipality) index maps showing the location of each individual
				tax map and its relation to other tax maps within that particular district or
				corporation.
4.3 Legend. Showing
				symbols and what they represent within the neat image area of the tax
				maps.
4.4 Title Block. Name of
				county and county seat.
4.5
				Revision Block. Date of original map and/or dates of revision.
4.6 District/Corporation.
4.6.1 Map Number.
4.6.2 Photo Number(s) - Original Photography
				(if any).
4.6.3 Photography
				Date.
4.6.4 Date of Map.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-04 - Uniform Statewide Procedures For The Manual Maintenance Of Surface Tax Maps › Section 189-4-5 - Map Content - Existing Maps; Essential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Boundaries of individual parcels on tax
				maps are delineated by solid lines. Interior tracts or .lots within parcels are
				delineated by dashed or broken lines.
5.2 Parcel dimensions and/or areas.
5.2.1 Parcel dimensions are shown on maps
				that are scaled on 1" =100' (urban or semi-urban areas).
5.2.2 Area (acreage) is shown on maps that
				are scaled 1" = 400' (rural areas).
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-04 - Uniform Statewide Procedures For The Manual Maintenance Of Surface Tax Maps › Section 189-4-6 - Tax Mapping Procedures

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6.1 Scales.
				All tax maps shall be revised and all new tax maps prepared according to the
				following scales:
6.1.1 All corporations,
				insets, and insert maps: 1" - 100' (Some originals permit 1" - 50').
6.1.2 All rural and farm areas: 1" = 400'
				(Some originals permit 1" = 800').
6.1.3 Original tax maps have scaled urban
				commercial areas, and State-game land and forests at 1" = 50' and 1" = 800'
				respectively.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-1 - General

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1.1. Scope. -- This
				rule establishes the prices, procedures and locations for the purchase of
				surface tax maps prepared by the county assessors of the State.
1.2. Authority. -- W. Va. Code §
									11-10-5
				and 11-1 c-4(d).
1.3. Filing Date.
				-- July 26, 2016
1.4. Effective
				Date. -- August 31, 2016
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 Finished Tax
				Maps or Tax Maps. -- Finished surface tax maps show the property and lot lines,
				set forth dimensions or areas, and other cadastral and cultural features that
				county assessors are required by state law to maintain and publish for the
				public. These scaled tax maps are created by either manual or automated methods
				and in accordance with the cartographic design, map content and layout
				specifications mandated by the Property Valuation Training and Procedures
				Commission and set forth in its rule "Statewide Procedures for the Maintenance
				and Publishing of Surface Tax Maps" 189CSR3. Finished Tax Maps may be purchased
				in a paper or digital format.
2.1.a. A
				digital Finished Tax Map is a scanned image of the paper Finished Tax Map. A
				digital Finished Tax Map is saved and stored as an image-file.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-3 - General Pricing Guidelines

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3.1. Cost
				Recovery from Tax Map Sales. -- Tax map sales help to cover costs for
				consumables like paper and ink, but typically sales will not generate enough
				revenue to pay salaries of full-time employees.
3.2. Surcharge for Courthouse Facilities
				Improvement Fund. -- The charges in this rule are in addition to surcharges
				required by W.Va. Code §
									11-1c-7(e)
				for the use of the Courthouse Facilities Improvement Fund. Tax maps distributed
				at no fee are not subject to the courthouse facilities surcharge.
3.3. Authority to Set Fees. -- The Property
				Valuation Training and Procedures Commission sets the fees for tax map sales
				with sales subject to the Courthouse Facilities Improvement Fund surcharges in
				accordance with subsection 3.2 of this rule.
3.3.a. Non-Cadastral Map Data. -- The
				Property Valuation Training and Procedures Commission shall not set fees
				associated with aerial photography, addresses, road centerlines, elevation
				contours, digital elevation models, and other mapping layers acquired by county
				or local governments.
3.3.b.
				Customized Maps. -- If the public requests services to create customized maps
				that are over and above the normal mapping requirements of the county
				assessor's office, then in addition to the charges required in this rule, the
				county assessor may charge for the employees' time at a reasonable base rate,
				as well as the cost of consumables like paper and ink. The county assessor may
				refuse or postpone any map project that would interfere with the statutory
				duties of the county assessor. An example of a customized map includes
				combining tax map information with aerial photography.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-4 - Price Schedule for Paper or Printed Tax Maps (Table 189-5 A)

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4.1. Paper Maps 8 1/2" x 11" or 8 1/2" x 14".
				-- Reproductions or printed tax maps on 8 1/2" x 11" Letter Size or 8 1/2" x
				14" Legal Size paper are one dollar and fifty cents ($1.50) per copy.
4.2. Paper Maps 11" x 17". -- Reproductions
				or printed tax maps on 11" x 17" Ledger/Tabloid Size paper are three dollars
				($3.00) per copy.
4.3. Full-Sized
				Paper Map Sheet. -- A fee of five dollars ($5.00) per sheet applies to
				full-sized (18" x 24" or larger) tax maps.
4.4. The fees in this section are in addition
				to the Courthouse Facilities Improvement Authority surcharge.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-5 - Price Schedule for Digital Tax Map Files (Table 189-5 B)

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5.1. Digital Tax Maps. - Print-ready digital
				images or electronic files shall be sold for the same fee as paper maps.
5.1.a. Digital Maps 8 1/2" x 11" or 8 1/2" x
				14". -- A portion of a full-sized tax map and designed to be printed to 8 1/2"
				x 11" Letter Size or 8 1/2" x 14" Legal Size paper is one dollar and fifty
				cents ($1.50) per file.
5.1.b.
				Digital Maps 11" x 17". -- A portion of a full-sized tax map and designed to be
				printed to 11" x 17" Ledger/Tabloid Size is three dollars ($3.00) per
				file.
5.1.c. Full-Sized Digital
				Maps. -- A fee of five dollars ($5.00) per file applies to digital tax maps
				designed to be printed to 18" x 24" or larger paper.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-6 - Ordering Procedures, Authority for Sales and Purchasing Locations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Ordering
				Procedures. -- All requests for tax maps shall include the county name,
				district or corporation name and map number.
6.2. Authority for Sale of Tax Maps. -- Only
				the county assessors of the fifty (55) counties of the State and their agents
				may copy, reproduce, sell or lease.
6.2.a.
				Agents. -- A county assessor may contract an agent to copy, reproduce,
				distribute, sell, or lease tax maps at the prescribed price. The Property Tax
				Division of the West Virginia Tax Division of the Department of Revenue is an
				agent for all counties for the purpose of sale, reproduction and distribution
				of tax maps.
6.2.a.1. Bonding. -- The
				counties' agents shall be sufficiently bonded.
6.2.a.2. Property Tax Division. -- The
				Division may sell paper or digital Finished Tax Maps and Digital Parcel Files
				to the public. It is not the responsibility of the Property Tax Division to
				provide tax maps to authorized county agents. The Property Tax Division may
				withhold an amount for each paper or digital Finished Tax Map or Digital Parcel
				File, which shall cover the cost of materials, overhead, administration,
				personnel, sales tax and postage. The amount remaining after the deducting the
				cost of materials, overhead, administration, personnel, sales tax and postage
				shall on a semi-annual basis be remitted to the county whose tax map is
				sold.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-7 - Prohibiting Reproduction of Tax Maps and Prescribing Penalty for Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Reproduction
				of Tax Maps and Digital Parcel Files Prohibited. -- No person shall reproduce,
				copy, distribute or sell copies of paper/electronic tax maps or digital parcel
				files prepared by the counties without having first obtained the permission of
				the county assessor.
7.1.a. Non-Disclosure
				Agreements. -- County assessors may use a non-disclosure agreement as a legal
				contract between at least two parties to outline confidential material or
				information that the parties wish to share with one another for cadastral
				purposes, but wish to restrict access to or by third parties.
West Virginia Code of State Rules › Agency 189 - Property Valuation Training And Procedures Commission › Title 189 - LEGISLATIVE RULE PROPERTY VALUATION TRAINING AND PROCEDURES COMMISSION › Series 189-05 - Tax Map Sales › Section 189-5-8 - Map Disclaimer and Scope of Surveying Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Map Disclaimer. -- The following map
				disclaimer shall accompany all tax maps and digital parcel files sold: "This
				product was developed for taxation purposes and is therefore not suitable for
				legal, engineering, or surveying purposes. Users of this information should
				review or consult the primary data and information sources to ascertain the
				appropriate usage of the information."
8.2. Scope of Surveying Practice. -- Tax maps
				and digital parcel files (GIS files) are not to be included as activities
				within the practice of surveying in accordance with the "Inclusions and
				Exclusions of Surveying Practice" cited in W.Va. Code §
									30-13A-10.
TABLE 189-5 A
Price Schedule for Paper Tax Maps
PAPER TAX MAPS'
(Printed Copies)
Unit
WV 189CSR5 (Base fee)
W.Va. Code §
														11-1C-7
							 (CFIA Surcharge)2
Total
% of Total Map Cost Submitted to CFIA
Location to Purchase Map Product
8.5" x 11" or
8.5" x 14"
Per copy
$1.50
$1.50
$3.00
50%
County Assessor or State Tax Sales Office
11" x 17"
Per copy
$3.00
$2.00
$5.00
40%
County Assessor or State Tax Sales Office
18" x 24" or larger (full-sized map sheet)
Per map sheet
$5.00
$3.00
$8.00
37.5%
County Assessor or State Tax Sales Office
TABLE 189-5 B
Price Schedule for Digital Tax Maps and
				  GIS Files
DIGITAL TAX
							 MAPS1
(Print-Ready Images)
Unit
WV 189CSR5 (Base fee)
W.Va. Code §
														11-1C-7
							 (CFIA Surcharge)2
Total
% of Total Map Cost Submitted to CFIA
Location to Purchase Map Product
8.5" x 11" or
8.5" x 14"
Per file
$1.50
$1.50
$3.00
50%
County Assessor or State Tax Sales Office
11"x 17"
Per file
$3.00
$2.00
$5.00
40%
County Assessor or State Tax Sales Office
18" x 24" or larger
Per file
$5.00
$3.00
$8.00
37.5%
County Assessor or State Tax Sales Office
DIGITAL PARCEL FILES
Unit
WV 189CSR5 (Base fee)
W.Va. Code §
														11-1C-7
							 (CFIA Surcharge)
Total
% of Total Map Cost Submitted to CFIA
Location to Purchase Map Product
Digital Parcel File without IAS Data
Per map sheet
$5.00
$3.00
$8.00
37.5%
County Assessor or State Tax Sales Office
Digital Parcel File with IAS Data
Per map sheet
$6.00
$3.00
$9.00
33.3%
County Assessor or State Tax Sales Office
Notes:
1An additional processing fee may
				  be applied for customized map services.
2CFIA = Courthouse Facilities
				  Improvement Authority
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This
				legislative rule establishes definitions, meeting dates and times, and various
				other provisions dealing with the licensing and certification of real estate
				appraisers by the West Virginia Real Estate Appraiser Licensing and
				Certification Board; along with standards of conduct and penalties for real
				estate appraisers.
1.2. Authority.
				- W. Va. Code § 37-14-6 as amended (1991).
1.3. Filing date. -
				______________________________.
1.4. Effective date. -
				___________________________.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The following
				words and terms, when used in this rule, unless a different meaning is provided
				or is plainly required by the context, have the following meanings:
2.1.1. "Independent appraisal service" means
				an engagement for which an appraiser is employed or retained to act, or would
				be perceived by third parties or the public as acting, as a disinterested third
				party in rendering an unbiased analysis, opinion or conclusion relating to the
				nature, quality, value, or utility of identified real estate or identified real
				property.
2.1.2. "Licensee" means
				any individual holding a license issued by the Real Estate Appraiser Board to
				act as a licensed residential real estate appraiser.
2.1.3. "Real estate appraisal or real estate
				related organization" means any appraisal or real estate related organization
				formulated on a national level, where its membership extends to more than one
				state or territory of the United States, and where its educational courses or
				seminars meet standards set forth by the organization.
2.1.4. "Registrant" means any nonresident
				applicant who has registered with the Board and who desires to perform a
				temporary contract of real estate appraisal within this state.
2.1.5. "Specialized appraisal service" means
				an engagement to provide appraisal service which does not fall within the
				definition of "independent appraisal service". The term may include valuation,
				appraisals, analysis assignments and review assignments. Regardless of the
				intention of the client or employer, if the appraiser is, in fact, perceived by
				third parties or the public as acting as a disinterested third party in
				rendering an unbiased analysis, opinion or conclusion, the work is classified
				as an independent appraisal service and not as a specialized appraisal
				service.
2.1.12. "Real estate
				appraisal activity" means the act or proces of making an appraisal of real
				estate or real property and preparing an appraisal report.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-3 - Real Estate Appraiser Licensing and Certification Board created, meeting dates, times

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.West
				Virginia Code § 37-14-5 as amended (1991), established the Real Estate
				Appraiser Licensing and Certification Board (herein referred to as Board). The
				Board shall meet every third Wednesday of the second month of each calendar
				quarter at a time to be determined by the Board.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-4 - Licenses and Certificates

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Board shall issue to each licensed or certified real estate appraiser, a
				document stating that such license or certification has been issued pursuant to
				W. Va. Code § 37-14-13 and specifying the licenses expiration date. The
				Board shall issue a pocket card with the name and license or certification
				number of the respective applicant on a size and form provided by the Board.
				All licensed or certified real estate appraisers governed by these rules shall
				place the respective title and license or certification number on any and all
				statements of qualifications, contracts or other instruments, including
				advertising media. The pocket cards remain the property of the Board and the
				licensee must surrender it at any time upon request by the Board.
4.2. The Board shall maintain for public
				inspection during regular Board office hours, a complete and properly indexed
				record of all applications for licensure or certification received, and
				licenses or certifications issued, renewed, revoked, cancelled or suspended.
				The Board shall make a copy of such record available to the public upon
				application and the payment of a reasonable fee determined by the
				Board.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-5 - Standards of professional appraisal practice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each real estate appraiser licensed or
				certified under this rule shall comply with the generally accepted standards of
				professional appraisal practice and generally accepted ethical rules to be
				observed by a real estate appraiser. Generally accepted standards of appraisal
				practice are currently set forth by the Uniform Standards of Professional
				Appraisal Practice promulgated by the Appraisal Foundation. After the holding
				of a public hearing, the Board may modify or add to these uniform
				standards.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-6 - Collection of appraisal fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				No person engaged in the business of real estate appraisal shall bring any
				action in any court in this state to collect compensation for the performance
				of real estate appraisal services for which service a license or certification
				is required unless said person can prove that he or she was the holder of a
				valid real estate appraiser license or certification at the time of the
				performance of the service.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-7 - Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An individual
				acting as a licensed real estate appraiser without first obtaining the
				appropriate license is guilty of a misdemeanor, and, upon conviction, shall be
				fined not less than five hundred dollars ($500.00) nor more than one thousand
				dollars ($1000.00). The individual is also ineligible to obtain a valid license
				for a period of one year from the date of the conviction: Provided that, the
				Board may grant a license to such person within the one-year period upon
				application and payment of fees, upon a finding of extenuating circumstances,
				and after an administrative hearing.
7.2. Any person acting as a certified real
				estate appraiser without first obtaining a valid certification is guilty of a
				misdemeanor and, upon conviction, shall be fined not more than two thousand
				five hundred dollars ($2500.00), imprisoned in the county jail for not more
				than one year, or both. The individual is also ineligible to obtain a valid
				certification for a period of one year from the date of the conviction:
				Provided that, the Board may grant a certification to such person within the
				one-year period upon application and payment of fees, upon a finding of
				extenuating circumstances, and after an administrative hearing.
7.3. If any individual receives money or
				anything else of value as a fee, commission, compensation or profit while in
				violation of these rules, the individual shall, in the addition to those
				penalties set forth in subsection 7.1 and 7.2 of this rule, be subject to a
				penalty not less than the amount of the remuneration received nor more than
				three times such sum, as determined by a court of competent jurisdiction, which
				penalty may be enforced in a court of competent jurisdiction by any person
				aggrieved by the violation.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-01 - Rules And Regulations Of Real Estate Appraisers Licensing And Certification Board › Section 190-1-8 - Roster

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board
				shall annually publish a roster of all persons licensed and certified pursuant
				to these rules. The Board shall make a copy of the register available to the
				public, upon application to the Board, and the payment of a reasonable fee
				determined by the Board.
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West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-02 - Requirements for Licensure and Certification › Section 190-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the
				requirements for an applicant to become a licensed or certified real estate
				appraiser in the state of West Virginia.
1.2. Authority. -- W.Va. Code §§
									30-1-6b, 30-38-4; 30-38-5; 30-38-6; 30-38-7; 30-38-9; 30-38-11,
				30-1-23.
1.3. Filing Date. - April
				8, 2022
1.4. Effective Date. -
				April 8, 2022
1.5. Sunset Provision
				- This rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-02 - Requirements for Licensure and Certification › Section 190-2-3 - Exceptions to License Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. In addition
				to the exceptions of the W. Va. Code §
									30-38-1(c), this rule does not apply
				to a person licensed to practice public accountancy as defined in W. Va. Code
				§
									30-9-3, including the performance of a business evaluation; Provided,
				that the exception does not apply to federally related transactions as defined
				in Title XI of the Financial Institutions Reform, Recovery and Enforcement Act
				of 1989,  12 U.S.C. §§
										3331-3351, as amended by the Dodd-Frank Wall
				Street Reform and Consumer Protection Act of 2010.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-02 - Requirements for Licensure and Certification › Section 190-2-7 - Procedure for Calculation of Experience by the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				As provided in Sections 5 and 6 of this rule, an applicant for residential
				appraiser licensing or certification shall provide evidence satisfactory to the
				board that the applicant possesses the required amount of appraisal
				experience.
7.2. As provided in
				subdivision 6.2.b. of this rule, an applicant for general appraiser
				certification shall provide evidence satisfactory to the board that the
				applicant possesses the required amount of appraisal experience. At least
				one-half of the hours of the required experience shall be in non-residential
				appraisal assignments.
7.3. If an
				applicant for licensure or certification feels that he or she has performed any
				real estate appraisals under unique circumstances, or that he or she has
				expended a greater amount of hours in the performance of an appraisal than the
				provisions of this section allow, the applicant may provide the board with a
				log detailing the amount of actual hours spent on the appraisals, with
				sufficient details of the hours of experience for which he or she is requesting
				experience credit.
7.4. For the
				purpose of this section only: a non-complex appraisal is one for which:
7.4.a. There is an active market of
				essentially identical properties;
7.4.b. Adequate data is available to the
				appraiser;
7.4.c. Adjustments to
				comparable sales are not large in the aggregate, specifically not exceeding the
				trading range found in the market of essentially identical properties;
				and
7.4.d. For residential
				property, the contract price falls within the market norm (median sales price)
				of homes in the neighborhood.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-02 - Requirements for Licensure and Certification › Section 190-2-8 - Qualifications for Licensure or Certification by Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				An applicant who is currently licensed or certified as a real estate appraiser
				in another jurisdiction may apply for a West Virginia appraiser license or
				certification of the same classification as the out-of-state license or
				certification: Provided that:
8.1.a. The
				appraiser licensing program of the other state is in compliance with Title XI
				of the Financial Institutions Reform, Recovery and Enforcement Act of 1989,  12 U.S.C. §§
											3331-3351, as amended by the Dodd-Frank Wall Street Reform
				and Consumer Protection Act of 2010; and
8.1.b. The other state has credentialing
				requirements that meet or exceed those of West Virginia.
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-02 - Requirements for Licensure and Certification › Section 190-2-10 - Licensure, Certification and Other Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All
				licensure and certification fees for licenses and certifications are
				non-refundable.
10.2. The fees
				charged by the board are as follows:
10.2.a. A
				license application fee of one hundred fifty dollars ($150);
10.2.b. An annual state licensed residential
				license fee of two hundred sixty-five dollars ($265);
10.2.c. A delinquent license fee of an
				additional one hundred dollars ($100);
10.2.d. A temporary permit fee of two hundred
				fifty dollars ($250) for a non-residential appraisal and two hundred fifty
				dollars ($250) for a residential appraisal;
10.2.e. A certification application fee of
				one hundred fifty dollars ($150);
10.2.f. An annual state certified general
				license fee of four hundred sixty-five dollars ($465);
10.2.g. An annual state certified residential
				license fee of three hundred fifteen dollars ($315);
10.2.h. A delinquent certification fee of an
				additional one hundred dollars ($100);
10.2.i. After approving a waiver request of
				an individual on active duty as a member of the Armed Forces of the United
				States, the National Guard of this state, or any other military reserve
				component and deployed outside this state, in accordance with W. Va. Code
				§
										30-1-6b(b), the board shall waive fees for:
10.2.i.1. Renewals of licenses,
				registrations, certifications or permits for the individual and his or her
				accompanying spouse during the individual's qualified deployment; and
10.2.i.2. Licensing, registrations,
				certifications, or permits for the individual and his or her accompanying
				spouse for six (6) months following the individual's discharge from active
				duty.
10.2.j. An annual
				inactive status fee of one hundred fifty dollars ($150);
10.2.k. An apprentice application permit fee
				of one hundred fifty dollars ($150);
10.2.l. An annual apprentice permit fee of
				one hundred ninety dollars ($190);
10.2.m. A Certificate of Good Standing fee of
				twenty-five dollars ($25);
10.2.n.
				Administrative fee of fifty cents ($.50) per page for copying or
				scanning;
10.2.o. An Upgrade
				application fee of one hundred fifty dollars ($150);
10.2.p. An Exemption from Supervisory
				Accompaniment Application fee of one hundred fifty dollars ($150);
10.2.q. One roster fee of thirty-five dollars
				($35), roster subscription fee of fifty dollars ($50);
10.2.r. A duplicate wall certificate fee of
				fifty dollars ($50);
10.2.s. A
				duplicate pocket card fee of fifty dollars ($50);
10.2.t. A continuing education and qualifying
				education course approval fee: seventy-five dollars $75, per course, per
				educational course provider;
10.2.u. A duplicate renewal application form
				fee of twenty-five dollars ($25).
West Virginia Code of State Rules › Agency 190 - Real Estate Appraiser Licensing And Certification Board › Title 190 - LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD › Series 190-02 - Requirements for Licensure and Certification › Section 190-2-11 - Qualifications for Apprentices, Apprentice Supervisors, Apprentice Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 This section establishes an appraiser
				apprentice permit program for persons who desire to acquire the appraisal
				experience required by this rule in order to be licensed or
				certified.
11.2. Participation in
				the apprentice program is a prerequisite to licensure or certification except
				in cases of reciprocity or issuance of a temporary permit.
11.3. Application for apprentice permit;
				requirements and qualifications. An applicant for an apprentice permit shall
				submit: a completed application form; the permit fee; and, the name and address
				of his or her proposed supervisor. An applicant shall:
11.3.a. Be at least eighteen (18) years of
				age;
11.3.b. Have a good reputation
				for honesty and truthfulness as required by subdivisions 4.1.a and 4.1.d. of
				this rule;
11.3.c. Have a high
				school diploma or its equivalent;
11.3.d. Have completed and passed
				seventy-five (75) hours in subjects related to real Estate appraisal in
				accordance with subsection 5.1. of this rule within the five (5) year period
				prior to the date of submission of application for an apprentice permit;
				and
11.3.e. Cause his or her
				supervisor to submit a copy of an appraisal completed by the Supervisor to the
				upgrades committee of the board for review, which he or she performed within
				three (3) months preceding the submission of the apprentice application. Such
				appraisal must be a residential appraisal that at minimum includes the cost and
				sales comparison approach to value. The upgrades committee shall review the
				appraisal of the supervisor to determine compliance with USPAP and W. Va. Code
				§
										30-38-1, et seq. Based upon the supervisor's compliance with USPAP and W.
				Va. Code §
										30-38-1, et seq., as reflected from a review of the appraisal
				submitted by the supervisor, or failure of compliance thereof, the upgrades
				committee shall recommend and submit to the Board for final determination,
				whether to approve the supervisor to act in the capacity of supervisor to the
				apprentice. If the Board disapproves a supervisor from acting in the capacity
				of supervisor to an apprentice, the board shall deny the apprentice
				application.
11.3.f. Submit to, and
				pay for the actual costs of, a state and national criminal history record check
				as set forth in subsection 4.5 of this rule, for the purpose of determining
				whether the applicant has been charged with, indicted for, or convicted of a
				crime that may have bearing upon the applicant's fitness to hold a
				license.