reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 172 - State Rail Authority › Title 172 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION STATE RAIL AUTHORITY › Series 172-02 - Valuation Of Used Rolling Stock And Equipment › Section 172-2-2 - Valuation of Used Rolling Stock and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				In accordance with W. Va. Code §
									29-18-6-11(B)(i), the State Rail Authority
				may acquire rolling stock and equipment with a value of five hundred thousand
				dollars ($500,000.) or less without following the provisions of W. Va. Code
				§5A-3, et. seq. With the exception of used rolling stock or equipment, all
				other purchases will be conducted in accordance with the provisions of W. Va.
				Code §§5A-3 et. seq and 29-18 et. seq.
2.2. The procedure for determining the value
				of rolling stock and equipment is as follows:
2.2.a. Two qualified State Rail Authority
				employees shall inspect the proposed rolling stock and equipment. They shall
				report the condition of the rolling stock and equipment to the Executive
				Director of the State Rail Authority.
2.2.b. The Executive Director shall verify
				the current market value with railroad equipment dealers, brokers or other
				railroads. Where practicable, the Executive Director shall obtain a
				verification of current market value from at least two dealers, brokers or
				other railroads. The dealers, brokers or railroads contacted by the Executive
				Director shall submit a written verification of the current market value of
				similar equipment. The Executive Director shall document these findings and may
				purchase the equipment if the Executive Director determines that the rolling
				stock and equipment is a valuable asset at a fair price.
2.2.c. The State Rail Authority shall
				maintain a signed price quote from the vendor, the Executive Director's
				justification and the statements of value from the independent dealers, brokers
				or railroads on file at the office of the State Rail Authority.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
						establishes requirements and procedures for allocating and administrating state
						appropriated funds that are distributed by the West Virginia Library Commission
						and are used to develop and enhance library services in the state. This rule
						applies to public libraries established according to W. Va. Code §
									10-1-1,
						unless otherwise specifically provided for in a special library law.
1.2. Authority. -- W. Va. Code
						§10-20.
1.3. Filing Date. --
						April 2, 2007.
1.4. Effective Date.
						-- July 1, 2007.
1.5. Repeal and
						Replacement. -- This rule repeals and replaces "The Administrative Regulations of
						the West Virginia Library Commission" effective July 1, 1997.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-3 - Requirements for Receiving Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A public
						library must fulfill all of the requirements set forth in this section to be
						eligible to receive a grant from the library commission.
3.2. The public library is organized and
						operates in accordance with West Virginia Code §
									10-1-1 et seq. or a special
						library law that meets the minimum requirements in the code.
3.3. The public library receives local funding
						to support its operations.
3.4. Local
						funds received in the previous fiscal year equal or exceed the maximum
						Grant-in-Aid established for the library. Local non-tax based funds used as
						matching funds cannot exceed the amount of local tax based funds.
3.4.a. In the first three fiscal years
						following passage of this rule during the 2007 regular session of the
						Legislature, Grants-In- Aid will be awarded at the maximum amount to every
						library meeting all other requirements.
3.4.b. Section 3.4 will be implemented in the
						fourth fiscal year following passage of this rule during the 2007 regular session
						of the Legislature.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-4 - Non-Compliance with Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Library
						Commission shall determine by review of required reports and evaluation visits
						whether a public library meets eligibility requirements.
4.2. A library not directed by a professional
						librarian will be assigned by the Library Commission to a Service Center
						Library.
4.3. If the maintenance of
						effort requirement (3.5) is not met, the Grant-in-Aid shall be reduced by a
						percentage equal to the percentage of the unmet maintenance of effort.
4.4. Failure to meet any requirements other
						than those described in sections 3.4 and 3.5 of this rule will result in the
						public library forfeiting a portion of its Grant-in-Aid. Such portion will be
						determined by the Library Commission.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-5 - Waiver of Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
						eligibility requirements contained in section 3 of this rule may be waived if the
						Commission determines that due to exceptional or uncontrollable circumstances,
						one or more of the requirements for receiving grants contained in section 3 would
						impose undue hardship on a public library. For the purpose of this subsection,
						exceptional or uncontrollable circumstances may include, but are not limited to,
						a natural or man-made disaster or a governing authority's lack of financial
						resources to provide adequate local funding to support a public library's
						operations.
5.2. The board of library
						directors requests a waiver by notifying the Library Commission in writing of any
						extraordinary circumstances and the fiscal year affected. A waiver is granted for
						one year.
5.3. The board of library
						directors and staff must work with the Library Commission to develop and
						implement a recovery plan.
5.4. The
						Library Commission determines the amount of any Grant-in-Aid distributed to a
						library on a waiver.
5.5. The
						provisions of this rule shall be liberally construed to accomplish its objectives
						and purposes.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-6 - Requirements For Use of Grants-in-Aid

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Library
						Commission determines annually, on a per capita basis, the maximum Grant-in-Aid
						for each library. Each library must submit, by the beginning of the fiscal year,
						a Grant-in-Aid expenditure plan to the Library Commission for approval.
6.2. Grants-in-Aid shall be used for the
						following purposes:
6.2.a. Salaries, wages, and
						benefits; all staff must be paid no less than state or federal minimum wage,
						whichever is higher;
6.2.b. Library
						materials;
6.2.c.
						Equipment;
6.2.d. Travel expenses for
						library director, staff and library trustees to attend meetings, workshops and
						conferences and any other library-related activities approved by the board of
						library directors;
6.2.e.
						Bookmobiles;
6.2.f. Audits required
						by state or federal law, rule or regulation;
6.2.g. All other current operating expenses
						approved by the board of library directors;
6.2.h. Fellowships for graduate and
						undergraduate degrees when there exists between the sponsoring public library and
						the recipient of the fellowship a written agreement that includes, but is not
						limited to, the following:
6.2.h.1. The
						fellowship recipient must be an employee of the sponsoring public
						library;
6.2.h.2. A candidate for a
						graduate fellowship must attend a school accredited by the American Library
						Association;
6.2.h.3. The amount the
						sponsoring public library will pay for classes;
6.2.h.4. The expected completion
						date;
6.2.h.5. The trainee must agree
						to return to the sponsoring public library for at least two (2) years following
						receipt of the degree;
6.2.h.6. The
						trainee may be permitted by the sponsoring public library to substitute
						employment in any public library in West Virginia for two (2) years if a position
						is not available with the sponsoring public library. If no employment is
						available at a salary commensurate with the trainee's education, repayment of the
						grant may be waived at the discretion of the sponsoring library with approval
						from the Library Commission;
6.2.h.7.
						If repayment of the grant is not waived by either the sponsoring public library
						or by the Library Commission, the grant must be repaid to the sponsoring public
						library.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-7 - ServiceCenter Libraries

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A Service
						Center Library ensures that professional librarian expertise is available to each
						public library. The Library Commission may assign a library to a Service Center
						Library if required reports or evaluation visits indicate need.
7.2. Responsibilities of a Service Center
						Library are:
7.2.a. To reach a formal agreement
						with each consortium member regarding assistance provided with the Services to
						Libraries Grant or administrative fee;
7.2.b. To file, by the beginning of each fiscal
						year on forms provided by the Library Commission, a plan for assisting each
						assigned library, based on the formal agreement between the libraries;
7.2.c. To employ a full-time professional
						librarian in addition to the director;
7.2.d. To visit each assigned library four
						times a year, including one board meeting, and to present at least one staff
						development workshop annually;
7.2.e.
						To evaluate the collections, fiscal management, and operations of each assigned
						library and report the results annually to the library with a copy to the Library
						Commission;
7.2.f. To account for
						funds or administrative fees used to assist assigned libraries. Administrative
						fees must be approved by the Library Commission and may not exceed twenty percent
						(20%) of the Grant-in-Aid for each assigned library.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-8 - Other Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Library
						Commission may distribute other grants that further library service in the state.
						Any public library is eligible to apply for these grants. Grant priorities and
						qualifications are determined annually by the Library Commission.
8.2. Construction grant applications must meet
						minimum standards identified by the Library Commission for:
8.2.a. New construction
8.2.b. Expansion
8.2.c. Renovation, including
8.2.c.1. Handicapped access
8.2.c.2. Safe working conditions
8.2.c.3. Public safety
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-9 - Establishing New Libraries

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
						Representatives of a community interested in establishing a public library shall
						contact the Library Commission and provide the following information:
9.1.a. What area the library will
						serve;
9.1.b. How the operations of
						the library will be funded;
9.1.c.
						The expected effect of the new library on existing libraries in the
						area;
9.1.d. Comparison of services
						of the new library to services of existing libraries in the area;
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-01 - Library Commission Administrative Regulations › Section 173-1-10 - Appeal Process

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any appeal
						of a decision related to this rule shall be submitted in writing to the Chairman
						of the Library Commission and the Secretary of the Library Commission.
10.2. The appeal shall include the following:
10.2.a. Name and address of the
						library
10.2.b. Statement of the
						decision being appealed
10.2.c.
						Signatures of the Library Director and president of the board of library
						directors
10.2.d. Supporting
						documentation
10.2.e. Resolution
						sought
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
				Establishes requirements and procedures for grants and loans from the Library
				Facilities Improvement Fund administered by the West Virginia Library
				Commission.
1.2. Authority. West
				Virginia Code §
									10-1-24.
1.3.
				Filing Date. 07/27/2018
1.4.
				Effective Date: 08/27/2018
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-2 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				purposes of this rule are to:
2.1.1. Provide
				the West Virginia Library Commission and West Virginia public libraries with a
				process for submitting, reviewing, evaluating, awarding Library Facilities
				Improvement Fund grants and loans; and
2.1.2. Establish a system for administering
				Library Facilities Improvement Fund grants and loans.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-4 - Eligibility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				All Public Libraries may apply for grants or loans.
4.2. To receive a grant or loan, a Public
				Library governing board must complete the application process developed by the
				Library Commission, including providing any additional information requested
				during that process.
4.3. To
				receive a grant, a Public Library must provide a dollar per dollar match from
				non-state sources. Non-state sources include, but are not limited to, federal
				funds and Governing Authority funds.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-5 - Grant Application Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Library Commission shall at least annually invite public libraries to
				submit grant applications. These applications will enable the Library
				Commission to identify Public Library facility capital project needs and report
				these needs to the Legislature.
5.2. At a minimum, applications shall
				include:
5.2.1. A project
				description;
5.2.2. A project
				justification, including the need for the project and how the project will
				benefit the Public Library's service area;
5.2.3. A project time line, including major
				steps necessary to complete the project; and
5.2.4. A project budget.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-6 - Grant Evaluation Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Unless supplemented in the grant announcement, the criteria listed in this
				section will be used by Library Commission staff to evaluate proposals
				submitted under this program. The distribution of points to be awarded per
				criterion will be identified in the grant announcement.
6.2. Project design and technical merit.
				Reviewers will consider the soundness of the applicant's approach, the
				project's technical and financial feasibility, the adequacy of financial and
				other resources, the capabilities and experience of the applicant and its
				project management team, the project goals, and identified community needs and
				benefits. Points will be awarded under the following project elements:
6.2.1. Comprehensiveness and feasibility.
				Reviewers will assess the technical and economic feasibility of the project and
				how well its goals and objectives address the challenges of the library service
				population area. Reviewers must make a finding of operational sustainability
				for any points to be awarded. Projects for which future grant funding is likely
				to be required to assure ongoing operations will not receive any
				points.
6.2.2. Demonstrated
				experience. Reviewers will consider whether the applicant or its project team
				have demonstrated experience in successfully administering and carrying out
				projects that are comparable to that proposed in the application.
6.2.3. Community needs. Reviewers will
				consider the applicant's assessment of community needs to be addressed by the
				proposed project as well as the severity of physical and economic challenges
				affecting the target communities.
6.2.4. Project evaluation and performance
				measures. Reviewers will consider the applicant's suggested project evaluation
				and performance criteria.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-7 - Loan Application Process

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Public libraries may apply for loans to support energy savings and critical
				life safety projects.
7.2.
				Applications for loans may be submitted at any time on forms developed by the
				Library Commission. Applications will be evaluated using the criteria listed in
				173-2-6.
7.3. Loans are exempt from
				the match requirement, but the Library Commission may limit the percentage of
				the total project that can be borrowed.
7.4. Loans are subject to loan agreement
				between the Library Commission and the applicant.
7.5. The agreement will include a schedule of
				payment of the principal and any interest on the loan.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-8 - Grant/Loan Disbursements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Applicants receiving grant awards will be eligible for disbursements according
				to a schedule established by the Library Commission once they have signed a
				grant agreement with the Library Commission, provided all necessary
				certifications, and have agreed to all assurances.
8.1.1. The Library Commission reserves the
				right to terminate the project grant for failure of the grantee to comply with
				the provisions of the grant award agreement.
West Virginia Code of State Rules › Agency 173 - Library Commission › Title 173 - LEGISLATIVE RULE LIBRARY COMMISSION › Series 173-02 - Library Facilities Improvement Fund › Section 173-2-9 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Project
				progress reports must be submitted in accordance with the procedures and
				schedule specified in the grant agreement and will include the following
				information unless otherwise specified in the grant agreement:
9.1.1. A comparison of planned and actual
				accomplishments according to the project timetable or list of project
				objectives;
9.1.2. An explanation
				of any delays or failures to meet the project timetable or list of project
				objectives;
9.1.3. A financial
				report comparing total project expenditures and grant expenditures for the
				specified period, with the estimated project budget, including, when
				appropriate, analysis and explanation of cost overruns of high unit
				costs
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 174-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general rules for the filing of applications for
				real estate licenses and the requirements necessary to renew licenses and for
				the enforcement and administration of the provisions of W. Va. Code
				§§
									30-40-1
et
				seq
.
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 August 1,
				2029.
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 174-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Advertise,
				advertisement, advertising" or similar means print media, yard signs,
				billboards, radio, television, internet, social media, or any other advertising
				medium utilized by anyone engaged or employed by a brokerage;
2.2. "Applicant" means any person who is
				making application to the Commission for a license.
2.3. "Commingling," "commingle," or similar
				means the mixing of trust funds with non-trust funds by a fiduciary or other
				person entrusted with the management of another's funds.
2.4. "Commission" means the West Virginia
				Real Estate Commission as authorized by W. Va. Code §
									30-40-6.
2.5. "Responsible broker" means the
				designated broker as defined in W. Va. Code §
									30-40-4 or the broker doing
				business as a sole proprietor who employs or engages and supervises other
				licensees.
2.6. "Employing broker"
				means the responsible broker regardless of whether the licensees are working as
				independent contractors or employees.
2.7. "Licensee" means a broker, an associate
				broker, or a salesperson as defined in W. Va. Code §
									30-40-4.
2.8. "Usual place of business" means the
				physical location from which a broker carries on his or her business and which
				the broker holds forth to the public as his or her usual place of
				business.
2.9. "Team" includes any
				group of two or more associate brokers and/or salespersons, and other
				non-licensed professionals, affiliated with the same broker or company acting
				as one agent or representative for the principal.
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 174-1-3 - License Year and Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. License
				year. -- The license year begins on July 1 and ends June 30. The Commission may
				issue licenses on an annual or biannual basis. Fees are not prorated.
3.2. Proper fee. -- Each application for a
				license shall be accompanied by a separate check or money order for the proper
				fee for that particular application as set forth in Series 2 of the
				Commission's rules. When a licensed salesperson desires to be licensed as a
				broker, his or her responsible broker shall surrender his or her salesperson's
				license certificate to the Commission before a broker's certificate is issued.
				He or she shall pay the fee for the broker's license as set forth in Series 2
				of these rules. The Commission shall not give credit for the fee paid for the
				salesperson's license.
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 174-1-4 - Licensure; Examination Required; Application and Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application.
				-- To apply for a real estate license, an applicant shall utilize forms
				prescribed by the Commission and comply with the following:
4.1.1. The commission shall only issue an
				original license to an applicant if he or she:
4.1.1.a. Submits an application in writing,
				on a form prescribed by the commission which shall contain, but is not limited
				to:
4.1.1.a.1. The applicant's Social Security
				number;
4.1.1.a.2 A clear record
				indicating all jurisdictions where the applicant holds or has held any
				professional license;
4.1.1.a.3. A
				clear record indicating if the applicant has been convicted of any criminal
				offense or if there is any criminal charge pending against the applicant, or a
				member or officer of the brokerage business, at the time of
				application;
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 174-1-5 - Background Checks

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Applicants for a broker, associate broker or salesperson license shall furnish
				fingerprints to the State Police, or its assigned agent, for the purpose of
				performing a national criminal history records checks by the Criminal
				Identification Bureau of the West Virginia State Police and the Federal Bureau
				of Investigation.
5.1.a. The fingerprints
				shall be accompanied by a signed authorization for the release of information
				to the West Virginia Real Estate Commission by the Criminal Investigation
				Bureau and the Federal Bureau of Investigation.
5.1.b. The applicant shall furnish any
				additional information required to complete the criminal history records
				checks.
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 174-1-6 - Qualifications for Broker's License

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 An applicant for a broker's license shall
				submit evidence satisfactory to the commission of either:
(i) Real estate experience as a licensed real
				estate salesperson during the two years prior to the date of application
				showing the applicant's representation of a buyer or seller in a minimum of 10
				closed transactions; if the applicant is engaged solely in the leasing or
				renting of real estate, representation of the landlord or tenant in a minimum
				of 10 closed transactions of at least one year in duration; or if the applicant
				is engaged solely in the management of a real estate brokerage company, active
				involvement in a minimum of 20 closed transactions; or
(ii) regardless of the number of years as a
				licensed salesperson: a minimum of 20 closed transactions; if the applicant is
				engaged solely in the leasing or renting of real estate, representation of the
				landlord or tenant in a minimum of 20 closed transactions of at least one year
				duration; or if the applicant is engaged solely in the management of a real
				estate brokerage company, active involvement in a minimum of 30 closed
				transactions. "Closed transaction" means a transaction that resulted in the
				real estate being conveyed from seller to buyer in which the applicant
				represented the seller, buyer, or both, or a transaction that resulted in the
				consummation of a lease of no less than one year in duration in which the
				applicant represented either the landlord or tenant of the real
				estate.
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 174-1-7 - Licensing based on licensure in another jurisdiction

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
The commission may recognize a
				valid license issued by another jurisdiction as satisfactorily qualifying an
				applicant who is licensed to practice real estate brokerage in another
				jurisdiction to obtain a comparable license in this state:
Provided,
				That the applicant has qualified for license in another jurisdiction by
				examination and by complying with all the provisions for obtaining a license in
				that jurisdiction and the jurisdiction affords the same privilege to licensees
				of this state.
7.2. In order to
				obtain a license based on licensure in another jurisdiction, the applicant
				shall:
7.2.a. Submit the application on a form
				prescribed by the commission and fee, if any;
7.2.b. Pass the West Virginia state law
				portion of the licensure examination approved by the commission;
7.2.c. Submit a certification of licensure
				showing that the applicant possesses an active license to practice real estate
				brokerage in another jurisdiction;
7.2.d. Submit record(s) showing all
				disciplinary actions imposed against the applicant by any jurisdiction in which
				the applicant holds or held a license, if any; and
7.2.e. For non-resident applicants, submit an
				irrevocable written designation that appoints the executive director of the
				commission to act as the non-resident licensee's agent, upon whom all judicial
				and other process or legal notices directed to the licensee may be served. The
				designation shall stipulate and agree that service upon the executive director
				is equivalent to personal service upon the licensee. A copy of the designation
				of appointment, certified by the seal of the commission, may be admitted into
				evidence with the same force and affect as the original. The executive director
				shall mail a copy of any process or legal notice immediately upon receipt, by
				certified mail, to the last known business address of the licensee. No judgment
				by default may be taken in any action or proceeding until after 30 days of
				mailing and then only upon certification by the executive director that a copy
				of the judicial, other process or legal notice was mailed as
				required.
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 174-1-9 - License Certificates: Issuance, Cancellation and Transfer

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1 License
				certificate. -- The Commission shall issue to each licensee a license
				certificate in such form and size as shall be prescribed by the Commission.
				Each license certificate shall include the name of the brokerage for which the
				licensee is authorized to conduct real estate transactions and such additional
				information as may be deemed necessary by the Commission or required by law.
9.2. Inactive status. -- License
				certificates shall reflect when a license had been placed on inactive status,
				and all licenses on inactive status shall be maintained in the custody and
				control of the Commission.
9.3.
				Custody and return of inactive license certificates. -- The responsible broker
				shall maintain in his or her custody and control the active license
				certificates of each salesperson and associate broker. Upon the separation of a
				licensee from the current responsible broker, the responsible broker shall
				immediately return the license certificate to the Commission for appropriate
				action and notify the salesperson or associate broker of same.
9.4. Change of responsible broker by
				salesperson or associate. -- In the event a salesperson or associate broker
				seeks to transfer from his or her current responsible broker to another
				responsible broker, he or she must first notify his or her current responsible
				broker in writing, submit a properly executed application for change of
				responsible broker on the form prescribed by the Commission, and pay the fee
				set forth in Series 2 of the Commission's rules.
9.5. Sworn statement by new broker. -- In the
				event a salesperson or associate broker makes an application for change of
				responsible broker, the application shall include a sworn statement by the new
				responsible broker confirming the transfer.
9.6. Change of licensee contact information.
				- Each licensee shall notify the Commission in writing of any change in name,
				personal address, and phone and email address of record within thirty (30) days
				of the change or prior to June 30, whichever comes first. A change of name must
				be submitted on the form prescribed by the Commission and accompanied with the
				fee set forth in Series 2 of the Commission's rules.
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 174-1-11 - Deceased or Incapacitated Responsible Broker

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In the event of death or other
				incapacity of the responsible broker:
11.1.a.
				Sole proprietor broker. -- The Commission may, in its discretion based upon the
				specific circumstances, permit an associate broker or a designated salesperson
				licensed with the sole proprietor broker to complete and close
				the_then-existing business of that broker, including taking contracts then
				signed to closing, for a temporary period not to exceed six (6) months from the
				date of Commission approval of a non-broker licensee to serve in that capacity.
				The sole proprietor's licensees may also transfer to a new broker.
11.1.b. Designated broker. -- The
				partnership, association, corporation, or other form of business organization,
				the governing body of the business organization must execute a new
				subordination resolution which names a successor broker for the business
				organization. The subordination resolution must be submitted on a form
				prescribed by the Commission and be sworn to and notarized prior to the
				transaction of any real estate business.
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 174-1-12 - Trade and Franchise Names

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Use of trade or franchise name. -- An
				individual broker may use a trade name which is the name of the brokerage and
				not the name of the broker's business organization. Any broker who operates
				under a trade name must include the trade name in the broker license
				application and, upon approval by the Commission, the trade name will be placed
				upon the broker's license certificate in addition to the business
				organization's name. The trade name shall not be the same as that currently
				being used by another broker in the same locality unless such restriction is
				prohibited by law. A broker shall not use any trade name not set forth on the
				license certificate. The Commission does not require brokers who choose to
				operate under a franchise agreement to register the name of the franchise
				organization.
12.2. In the event a
				broker uses a licensed trade name, the company name required on all advertising
				must be the trade name which appears on the broker's license.
12.3. Change of trade name. -- Each broker
				shall notify the Commission in writing of any change in the name of the
				broker's business organization name or trade name within thirty (30) days of
				such change. The notice shall be made on a form prescribed by the Commission
				and accompanied by the license certificate and the fee set forth in Section 2
				of the Commission's rules. The Commission shall issue a new certificate with
				the new trade name.
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 174-1-13 - Office Signs

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Sign requirement. -- All brokers holding an active license shall erect and
				maintain a sign on or about the entrance of their principal office and each
				branch office, which shall be easily observed and read by persons about to
				enter any of the offices. Every sign shall prominently display the name of the
				broker, the term "Broker" and the company name, if any, all in letters not less
				than 1 inch in height. If the broker so desires, the names of the salespersons
				or associate brokers may be placed below the name of the broker.
13.2. Brokers who rent desk space in an
				office. -- A broker who rents desk space within an office and whose own
				brokerage business is conducted separate from whom the desk space is rented
				shall maintain a sign on the main entrance door or on a wall or window
				immediately adjacent to the door and comply with all other requirements of
				holding a broker's license.
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 174-1-14 - Branch Offices

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				License required; exception. -- Every licensed broker who desires to conduct
				brokerage transactions at any location other than his or her principal place of
				business under the same brokerage name must make application for a branch
				office license and pay the required fee in order to receive a license
				certificate for each branch office. A temporary shelter in a subdivision being
				sold by the broker, for the convenience and protection of licensees, clients
				and customers and at which transactions are not closed and licensees are not
				permanently assigned, is not considered to be a branch office. The permanence,
				use and character of activities conducted at the office or shelter shall
				determine whether it must be registered.
14.2. Manager of branch office. -- Every
				broker who obtains a license for a branch office must designate one associate
				broker or salesperson as manager of each branch office. A broker may act as the
				manager of a branch office if the broker is capable of adequately supervising
				all associate brokers and salespersons assigned to that branch office. If the
				broker chooses to appoint a manager of a branch office, the licensee must be an
				active licensee and have at least two (2) years actual experience.
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 174-1-15 - Trust Funds and Accounts

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Commingling Prohibited. -- In order to prevent the commingling of trust funds
				with other funds, brokers are required to deposit all trust funds into one or
				more trust accounts established in accordance with W. Va. Code §
									30-40-18, which accounts may be
				audited by the Commission through its authorized representative.
15.2. Funds received by salesperson or
				associate broker. -- Every salesperson and associate broker who receives any
				trust funds shall immediately or by the next business day following receipt pay
				over or deliver the trust funds to the responsible broker. No salesperson or
				associate broker shall collect any money in connection with any real estate
				transaction, whether as a commission, deposit, payment, rental, or otherwise,
				except in the name of and with the consent of the responsible broker.
15.3. Deposit of trust funds. -- Unless
				otherwise directed or allowed in the signed purchase agreement, every broker
				who receives any trust funds shall immediately or by the next business day
				following receipt deposit the trust funds in the broker's trust
				account.
15.4. Interest bearing
				trust account. -- Trust funds may be transferred from a non-interest-bearing
				trust account into an interest-bearing trust account only under the following
				conditions:
15.4.a. The broker must obtain,
				from all parties to the transaction, a written agreement which must contain, at
				a minimum:
15.4.a.1. Authorization to remove
				the funds from the trust fund account for the express purpose of depositing the
				funds into an interest-bearing trust fund account;
15.4.a.2. Identification of the financial
				institution and the type of account to be opened;
15.4.a.3. Identification of who will earn the
				interest on the funds; and
15.4.a.4. How and when the interest will be
				disbursed.
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 174-1-16 - Agency Consent and Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Agency form required. -- The notice of agency relationship and consent form
				prescribed by the Commission discloses the party or parties the licensee is
				representing to all parties to the real estate transaction. A notice of agency
				relationship and consent form shall be signed by the licensee and the client at
				the time the agency relationship is created. Prior to the initiation of
				negotiations, each licensee's agency form shall be signed by all parties. The
				broker shall provide a copy to each person executing an agency form and shall
				maintain a copy of each signed form in the transaction file. All members of a
				team must be listed on or attached to any Notice of Agency Relationship form
				signed by a team member.
16.2. Dual
				agency. -- A licensee may not be the agent for both the buyer and the seller
				without first obtaining the written consent of both the buyer and the
				seller.
16.3. Corrected form. -- If
				change in a licensee's agency status makes an earlier disclosure inaccurate,
				incomplete or misleading, the licensee shall prepare a corrected form and
				immediately present it to all parties to the transaction. The corrected form
				must be dated and must be acknowledged in writing by all parties.
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 174-1-17 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Advertising
				of property or specific services. -- Each advertisement shall include the
				following information: the company name, the name of the responsible broker and
				the term "Broker," the physical address of a licensed office location, and
				phone number. The names of associate brokers and salespersons shall not be
				included in the advertising unless the associate brokers and salespersons are
				clearly identified as such.
17.2.
				Broker supervision. - No salesperson, associate broker or team shall advertise
				any property under his, her or their own name without the name of the
				responsible broker. All advertising by an associate broker, salesperson or team
				must be under the direct supervision of and in the name of the responsible
				broker. An advertisement for specific property or service by a team is not
				required to include the name of each team member, or the name of each team
				member whose photograph may be included in the advertisement, but shall include
				all of the following information:
17.2.a. The
				company name, the name of the responsible broker, and the term "Broker"
				displayed in equal prominence with the team name and with the name of the
				associate broker or salesperson in the advertisement;
17.2.b. The name of at least one associate
				broker or salesperson who is a team member, and the term "Associate Broker" or
				"Salesperson" to identify each associate broker or salesperson whose name is
				included in the advertisement, as such information appears on his or her
				license;
17.2.c. The term
				"Non-Licensed" to identify each team member who does not hold a current valid
				license and whose name is included in the advertisement; and
17.2.d. Phone number.
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 174-1-18 - Offer of Consumer Rebates, Inducements and Other Discounts

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. A licensee
				may offer, directly or indirectly, to clients or customers rebates,
				inducements, or other discounts, if such licensee:
18.1.a. Discloses to the client or customer,
				in a clear and conspicuous manner and in writing, the terms of any rebate,
				inducement or other discount offered;
18.1.b. Discloses to the client or customer,
				in a clear and conspicuous manner and in writing, the fair market value of any
				rebate, inducement or other discount offered; and
18.1.c. Offers the rebates, inducements or
				other discounts only under the direct supervision and in the name of the
				responsible broker.
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 174-1-19 - Investigations and Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				W. Va. Code §
									30-40-20 and Series 4 of the
				Commission's rules, as well as other provisions of West Virginia law relating
				to licensing boards and administrative agencies, set forth various procedures
				for investigations by the Commission and the filing, processing and resolution
				of complaints. Complaints may be initiated upon motion by the Commission or
				filed by licensees or the public.
19.2. Filing of complaints by licensees or
				the public. -- Complaints filed by licensees or the public must be submitted in
				writing on forms prescribed by the Commission and must sufficiently provide the
				information requested on the form.