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 190-04 - Investigative and Hearing Procedures › Section 190-4-5 - Disposition of Inquiries

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Except as otherwise specifically provided herein, the enforcement proceedings
				under this Rule shall be conducted in accordance with the contested case
				hearing procedures of the West Virginia Administrative Procedures Act as
				adopted in this State, and the board shall have all the powers granted
				therein.
5.2. An inquiry or
				allegation which alleges that the appraiser has violated a rule of professional
				conduct promulgated by the board shall be lodged with the board. The process
				may be instituted by any person, including members of the board, on a form
				prescribed by the board, and filed with the board.
5.3. Upon receipt of an inquiry, the board
				shall forward such inquiry to the standards committee for its review. The
				committee shall review and investigate each inquiry or allegation. After
				review, if the committee determines that the inquiry or allegation has merit,
				it will recommend that the board file a formal complaint.
5.4. Upon initiation of a complaint by the
				board, the board shall provide a copy of the complaint to the licensee for his
				or her response to the allegations contained in the complaint. The accused
				party shall file an answer within twenty days of the date of service. Failure
				of the licensee to file a timely response may be considered an admission of the
				allegations in the complaint: Provided, that nothing contained herein shall
				prohibit the accused party from obtaining an extension of time to file a
				response, if the Board, its Executive Director or other authorized
				representative permits the extension.
5.5. Requests for a response to the
				allegations contained in a complaint, or requests for additional information
				will be considered properly served when sent to the licensee's last known
				address. It is the responsibility of the licensee or applicant to keep the
				board informed of his or her current address.
5.6. The board mayreview and investigate
				alleged acts or omissions which the board reasonably believes constitute cause
				for disciplinary action. In order to determine if probable cause exists for a
				hearing on a complaint, the board, shall cause an investigation to be made into
				the allegations of the complaint. If the board determines that the complaint
				does not present facts which constitute a basis for disciplinary action, the
				board shall take no further action.
5.7. In connection with the investigation of
				a complaint, both the board and the standards committee are authorized to
				subpoena witnesses, books, papers, records and any other evidence to help it
				determine whether a contested case proceeding should be instituted.
5.8. The board or the standards committee may
				grant the appraiser an opportunity to appear before the board or the standards
				committee for a voluntary informal discussion of the facts and circumstances of
				an alleged violation. An informal discussion constitutes a part of the
				investigation of a pending disciplinary case and the facts discussed at the
				informal discussion may be considered by the board or the standards committee
				in the event the matter proceeds to a contested case hearing. The board or the
				standards committee may seek a consent order at the time of the informal
				discussion.
5.8.a. Upon completion of the
				investigation, the board may:
5.8.a.1. Order
				the matter to be further investigated;
5.8.a.2. Allow the appraiser, who is the
				subject of the complaint, an opportunity to appear before the standards
				committee or the board for an informal discussion regarding the circumstances
				of the alleged violation;
5.8.a.3.
				Determine there is no probable cause to believe a disciplinary violation has
				occurred, and close the case; or
5.8.a.4. Determine there is probable cause to
				believe that a disciplinary violation has occurred and proceed with a contested
				case hearing or dispose of the matter through a consent agreement or
				otherwise.