reglab/statecodes huggingface dataset:
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 190-2-12 - Inactive Status

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Only a licensed or certified appraiser
				who is in good standing and not the subject of a pending complaint or
				disciplinary action may place his or her license or certification on inactive
				status.
12.2. An apprentice is not
				eligible for inactive status.
12.3.
				A licensed or certified real estate appraiser on inactive status may not engage
				in the practice of real estate appraisal but may still consider himself or
				herself as an appraiser.
12.4. A
				licensed or certified appraiser may remain on inactive status for no more than
				five (5) years if he or she pays the annual fee for inactive status: Provided,
				that for an appraiser on inactive status on December 31, 2014, the five (5)
				year period shall begin on January 1, 2015. The appraiser's license or
				certification shall expire at the end of the five (5) year period, and the
				appraiser may not engage in the practice of real estate appraisal unless the
				board grants a new license or certification under this rule.
12.5. An appraiser may reactivate a license
				or certification by paying the fee established by the board for an active
				license or certificate in his or her classification and verifying to the board
				that he or she completed, for each licensure year of inactive status, the
				continuing education required by Legislative Rule 190CSR3, "Renewal of License
				or Certification". To reactivate an unexpired license or certification, a
				licensed or certified appraiser shall:
12.5.a.
				Pay the reactivation fee established by the board for the license or
				certification;
12.5.b. Submit
				documentation that the appraiser has completed each new USPAP cycle during
				inactive status, the current West Virginia Law course and, for each licensure
				year of inactive status, all other continuing education required by Legislative
				Rule 190CSR3, "Renewal of License or Certification"; and
12.5.c. 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
				appraiser has been charged with, indicted for or convicted of a crime that may
				bear upon the appraiser's fitness to hold a license.
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 190-2-13 - Licenses and Certifications

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The board
				shall issue to each licensed or certified real estate appraiser a document
				stating that the license or certification has been issued pursuant to W. Va.
				Code §
									30-38-7(j) and specifying the expiration date. The board shall issue
				a pocket card with the name and license or certification number of the
				respective licensee. An appraiser subject to this rule shall place his or her
				title and license or certification number on all statements of qualifications,
				contracts or other instruments, including advertising media. The pocket card
				remains the property of the board and the licensee shall surrender it upon
				request by the board.
13.2. Initial
				licenses and certifications expire on September 30 following the date of issue.
				Subsequent licenses and certifications are renewed for the period of October 1
				to September 30 of the following year.
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 190-2-14 - Standards of Professional Appraisal Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Each
				licensed or certified appraiser shall comply with generally accepted standards
				of professional appraisal practice and generally accepted ethical rules to be
				observed by a real estate appraiser, at minimum the USPAP, incorporated by
				reference. The minimum standard for an appraisal report shall be the edition of
				the USPAP in effect on the date of the appraisal report. Appraisers may view a
				copy of the USPAP at the office of the board during regular business hours or
				may purchase a copy from the Appraisal Foundation.
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 190-2-15 - Application for Waiver of Initial Licensing Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. An
				applicant seeking a low income or military family waiver of the initial
				licensing fee shall apply for licensure to the board and provide the required
				documentation.
15.2. The Board
				shall provide the application form and instructions on what documentation per
				19-2 through 16 of this Rule is necessary to submit with the license
				application requesting the low-income or military family initial licensing fee
				waiver.
15.3. An applicant shall
				submit all required documentation to the board and upon the submission of a
				complete application, the board shall review the application and issue a
				decision within 30 days of receipt of the completed application.
15.4. The board may issue a license to an
				applicant who meets the requirements of West Virginia Code §
									30-38-1 et
				seq., and the rules promulgated by the board, and the board shall waive the
				initial licensing fee for an applicant who meets the requirement of "low-income
				individual" or "military families" as defined in West Virginia Code §
									30-1-23.
15.5. An applicant denied
				a waiver of initial licensing fees has 30 days to appeal the decision of 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 190-02 - Requirements for Licensure and Certification › Section 190-2-16 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Individuals requesting a waiver of
				initial licensure fees for low-income or military service personnel and their
				spouses shall submit, with the application for licensure, the initial licensure
				waiver LIW or MFW form and the appropriate documentation as specified in this
				section.
16.2. To establish low
				income eligibility for the initial licensing fee waiver, an applicant shall
				submit to the board, evidence that the adjusted gross income of the household
				of the applicant is below 130 percent of the federal poverty level by
				submitting documentation of eligibility for:
16.2.a. The Temporary Assistance for Needy
				Families Program;
16.2.b.
				Medicaid;
16.2.c. The Supplemental
				Nutrition Assistance Program; or
16.2.d. A federal tax return.
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 190-03 - Renewal of Licensure or Certification › Section 190-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the procedures and qualifications for the renewal of a Licensed
				Residential Real Estate Appraiser license, a Certified Residential Real Estate
				Appraiser certification, a Certified General Real Estate Appraiser
				certification and an Apprentice Permit by the West Virginia Real Estate
				Appraiser Licensing and Certification Board.
1.2. Authority. -- W. Va. Code
				§§
									30-38-7; 30-38-9; 30-38-11.
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 190-03 - Renewal of Licensure or Certification › Section 190-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Accredited colleges, universities, and
				junior and community colleges" means those institutions of higher learning
				under the Higher Education Policy Commission or listed in the Transfer Credit
				Practices of Designated Educational Institutions, published by the American
				Association of Collegiate Registrars and Admissions Officers.
2.2. "Adult distributive or marketing
				education programs" means those programs offered at schools approved by the
				Higher Education Policy Commission, or any other local, state, or federal
				government agency, board or commission to teach adult education or marketing
				courses.
2.3. "Classroom hour"
				means 50 minutes out of each 60 minutes actual classroom instruction in courses
				approved by the board.
2.4.
				"Classroom hour of distance education" means the allotted course time approved
				by the International Distance Education Certification Center (IDECC) delivery
				certification, the Appraiser Qualifications Board (AQB) and the
				board.
2.5. "Course" means an
				educational course, seminar, program or offering approved by the
				board.
2.6. "Course provider" means
				any of the following: accredited colleges or universities; community or junior
				colleges; real estate appraisal or real estate related organizations; local,
				state or federal agencies, boards or commissions; proprietary schools; adult
				distributive or marketing education programs; and any other entity which has
				received prior approval by the board.
2.7. "Licensee" means a person who holds a
				current valid license as a state licensed residential real estate appraiser, a
				certification as a state certified residential real estate appraiser or a
				certification as a state certified general real estate appraiser issued under
				the provisions of the W. Va. Code §
									30-38-1 et seq., or an apprentice
				permit issued under the provisions of the board's rule, "Requirements for
				Licensure and Certification", 190CSR2, subdivision 11.
2.8. "Local, state or federal government
				agency, board or commission" means an entity established by any local, federal
				or state government to protect or promote the health, safety and welfare of its
				domain.
2.9. "Proprietary school"
				means a privately owned school, under the authority of a local, state or
				federal government agency, board or commission, offering appraisal related
				courses.
2.10. "Uniform Standards of
				Professional Appraisal Practice" means the Uniform Standards of Professional
				Appraisal Practice (USPAP), published by The Appraisal Foundation.
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 190-03 - Renewal of Licensure or Certification › Section 190-3-3 - Renewal Term

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Licenses
				and certifications are renewed for the period from October 1 to September 30 of
				the following year.
3.2. Renewals
				received either by US mail or via on-line submission after September 30 are
				subject to a delinquent fee pursuant to Legislature Rule 190CSR2, "Requirements
				for Licensure and Certification".
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 190-03 - Renewal of Licensure or Certification › Section 190-3-4 - Qualifications for Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
Continuing education requirements:
4.1. As a condition of renewal, all licensees
				shall satisfactorily complete continuing education courses offered by board
				approved course providers of not less than fourteen (14) classroom hours or
				classroom hours of distance education during each renewal term:
Provided
, That with the exception of the 7- hour USPAP course,
				a licensee must wait a period of three (3) years before receiving credit for
				completion of a continuing education course offering on the same topic.
4.1.a. As a condition of renewal, a licensee
				shall complete the seven (7) hour Uniform Standards of Professional Appraisal
				Practice (USPAP) update course within eight (8) months of a newly effective
				cycle.
4.1.b. The board shall award
				credit for various continuing education courses relating to real estate
				appraising, including but not limited to, the following topics:
4.1.b.1. Ad valorem taxation;
4.1.b.2. Arbitration, dispute
				resolution;
4.1.b.3. Business
				courses related to the practice of real estate appraisal or
				consulting;
4.1.b.4. Development in
				cost estimating;
4.1.b.5. Ethics
				and standards of professional practice, USPAP;
4.1.b.6. Land use planning and
				zoning;
4.1.b.7. Management,
				leasing;
4.1.b.8. Property
				developmental, partial interest;
4.1.b.9. Real estate law, easements, and
				legal interests;
4.1.b.10. Real
				estate law and Fair Housing;
4.1.b.11. Real estate litigation, damages,
				and condemnation;
4.1.b.12. Real
				estate financing and investment;
4.1.b.13. Real estate appraisal related
				computer applications;
4.1.b.14.
				Real estate securities and syndication;
4.1.b.15. Developing opinions of real
				property value in appraisals that also include personal property and/or
				business value;
4.1.b.16. Seller
				concessions and impact on value; and/or
4.1.b.17. Energy efficient items and "green
				building" appraisals.
4.1.c. A licensee is not required to complete
				the required amount of classroom hours of continuing education as a condition
				for initial license or certification renewal if the time between the effective
				date on the initial license or certification as a licensee and the beginning of
				the first renewal term is less than one hundred and eighty (180)
				days.
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 190-03 - Renewal of Licensure or Certification › Section 190-3-5 - Policies and Procedures of the Board for Approving Continuing Education Courses

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The board
				shall evaluate and approve courses for the purpose of accepting hours for
				continuing education of a licensee for the renewal of a license, certification
				or permit.
5.2. The board may grant
				credit towards the classroom hour requirement only when the length of the
				course is a minimum of three (3) hours.
5.3. In order for a course to be approved by
				the board, the instructor shall present to the board a written plan of the
				class including, but not limited to, a syllabus of the subject areas covered by
				the course and attendance requirements.
5.4. The board shall determine whether the
				subject matter covered by the course is an approved topic listed in the board's
				rule, "Requirements for Licensure and Certification", 190CSR2, subdivision
				4.1.b. of this rule, or other appropriate topic relating to the area of real
				estate appraisal activity.
5.5. The
				board shall approve or disapprove courses and instructors after a determination
				that the course provider does or does not meet the standards of the board. The
				board shall maintain and provide licensees access to a list of approved
				courses.
5.5.a. Instructors must meet at least
				one of the following qualifications:
5.5.a.1.
				Hold a license or certification in West Virginia or in any other state at the
				level to be taught and have five (5) years appraisal experience within the past
				ten (10) years directly related to the subject matter to be taught;
5.5.a.2. Hold a license or certification in
				West Virginia or in any other state at the level to be taught and have five (5)
				years of teaching experience within the past ten (10) years in the subject
				matter to be taught;
5.5.a.3. Have
				five (5) years of teaching experience within the past ten (10) years in the
				subject matter to be taught and pass an examination at the level to be
				taught;
5.5.a.4. Have five (5)
				years appraisal experience within the past ten (10) years directly related to
				the subject matter to be taught and pass an examination at the level to be
				taught;
5.5.a.5. Hold a
				baccalaureate or higher degree in a field directly related to subject matter to
				be taught, and pass an examination at the level to be taught; or
5.5.a.6. Be a full time faculty member at a
				college or university teaching a credit course in appraising.
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 190-03 - Renewal of Licensure or Certification › Section 190-3-6 - Procedures for Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Prior to
				the expiration date of the license or certification, the board shall mail via
				US Postal Service or electronically a renewal application form to the address
				on file of each licensee. A licensee who does not receive the renewal
				application form is not relieved of the obligation to renew his or her license
				or certification if he or she desires to retain his or her license or
				certification.
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 190-03 - Renewal of Licensure or Certification › Section 190-3-7 - Board Discretion to Deny Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The board may deny the renewal of a license or certification on any grounds
				enumerated in this rule or in the board's rule, "Requirements for Licensure and
				Certification", 190CSR2. The board may deny renewal for the same reasons as it
				may refuse an initial license or certification. The board may also deny renewal
				consistent with the provisions of Section 4 of this rule.
7.2. The board shall approve or deny each
				application for renewal within ninety (90) days of receipt of the application.
				Any licensee whose application for renewal is denied may demand and shall be
				afforded a hearing pursuant to W. Va. Code §
									30-1-8(e).
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 190-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule
				establishes the investigative and hearing procedures to be followed by the
				board when there is a complaint filed against an appraiser.
1.2. Authority. -- W. Va. Code §§
									30-38-13;
				30-38-14;
				30-38-15.
1.3. Filing Date. -- July 27, 2018.
1.4. Effective Date. -- August 27,
				2018.
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 190-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Appraisal" shall mean an analysis,
				opinion or conclusion prepared by a real estate appraiser relating to the
				nature, quality, value or utility of specified interests in, or aspects of,
				identified real estate or identified real property.
2.2. "Appraisal Report" shall mean any
				communication, written or oral, of an appraisal.
2.3. "Appraiser" shall mean any person who
				holds a State real estate appraiser license or State certification as a real
				estate appraiser issued to him or her under W. Va. Code §30-38 et seq. or
				has submitted himself or herself to jurisdiction hereunder to applying for and
				exercising a temporary permit thereunder.
2.4. "Board" shall mean the Real Estate
				Appraiser Licensing and Certification Board established under W. Va. Code
				§30-38 et seq.
2.5. "Uniform
				Standards of Professional Appraisal Practice" means the Uniform Standards of
				Professional Appraisal Practice (USPAP), published by the appraisal foundation,
				which are incorporated by reference and on file with the board and the office
				of the Secretary of State for use by all appraisers in the preparation of
				appraisal reports. This incorporation by reference contains no future additions
				or amendments. A copy of the USPAP may be obtained from the appraisal
				foundation.
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 190-4-3 - Causes for Denial of Licenses or Discipline of Licensees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The board may deny an application for
				license, place a licensee on probation, limit or restrict a license, suspend or
				revoke any license, or otherwise discipline any licensee in accordance with
				these rules and W. Va. Code §
									30-38-1,
				et seq., upon satisfactory proof that a licensee has been convicted of a felony
				or is engaged in conduct, or committed other acts, practices or acts
				constituting professional negligence or a willful departure from accepted
				standards of professional conduct in violation of W. Va. Code §
									30-38-1,
				et seq., or the rules of 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 190-04 - Investigative and Hearing Procedures › Section 190-4-4 - Standards Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				members of the standards committee shall be appointed by the chairperson of the
				board. The standards committee shall consist of at least four individuals, but
				no more than seven individuals. The chairperson of the board shall be the
				chairperson of the standards committee.
4.2. At least one member of the standards
				committee shall be an actively licensed certified general real estate
				appraiser.
4.3. At the request of
				the board, the standards committee shall review and, if deemed necessary,
				investigate, or otherwise cause the investigation of, inquiries submitted to
				the board against licensees.
4.4.
				The board may contract with any appropriate person(s) or appoint a member of
				the standards committee to conduct an investigation of a complaint.
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 190-4-6 - Contested Case Hearing and Disposition

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Hearings shall be conducted in
				accordance with the provisions of W. Va. Code §5-29A and the board's
				rules.
6.2. The board shall deliver
				to the parties a notice of hearing. The notice of hearing shall fix the time
				and place for hearing and shall contain those notice terms as required by the
				West Virginia Administrative Procedures Act. The notice shall also contain a
				statement requiring the appraiser to submit an answer to the complaint within
				twenty (20) days after receipt of the notice of hearing. A written notice of
				hearing, together with a statement of charges, shall be personally delivered or
				mailed to the appraiser by certified mail, return receipt requested, at least
				thirty (30) days before the hearing date.
6.3. The statement of charges shall set forth
				the acts or omissions with which the appraiser is charged, including standards
				of professional practice and professional conduct rule(s), W. Va. Code
				§30-38 et seq., or any rules of the board alleged to have been violated,
				and shall be in sufficient detail to enable the preparation of the appraiser's
				defense.
6.4. The answer shall
				contain the following information:
6.4.a. The
				name, address and telephone number of the appraiser;
6.4.b. Specific statement regarding any or
				all allegations in the complaint which shall be in the form of admissions or
				denial, and may also contain explanation, remarks or statement of mitigating
				circumstances; and
6.4.c. Any
				additional facts or information the appraiser deems relevant to the
				investigation and which may be of assistance in the ultimate determination of
				the case.
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 190-4-7 - Subpoena Powers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Board
				subpoenas for books, papers, records, and other evidence will be issued to a
				party upon request. Subpoenas for witnesses may also be obtained. The executive
				director of the board, or other representative designated by the board, shall
				issue all subpoenas for both parties upon reasonable cause shown. The request
				must specify the documents sought to be obtained and the full names and
				addresses of the witnesses whose testimony is sought.
7.2. In the event of a refusal to obey a
				subpoena, either party or the board may petition the circuit court for its
				enforcement. If a proper showing is made, the circuit court shall order the
				person to obey the subpoena; if the person fails to obey the order of the
				court, the person may be found guilty of contempt of court.
West Virginia Code of State Rules › Agency 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 190-4-8 - Final Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				final decision of the board shall be filed with the executive director. A copy
				of the decision and order shall immediately be sent by certified mail, return
				receipt requested, to the appraiser's last known post office address or may be
				served in the manner of original notices upon the appraiser.
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 190-4-9 - Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Judicial review of the board's decision may be sought in accordance with the
				terms of the West Virginia Administrative Procedure Act.
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 190-4-10 - Application for Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person whose license or
				certification has been revoked or suspended by the board may apply to the board
				for reinstatement in accordance with the terms of the order of revocation or
				suspension. If the order of revocation or suspension does not establish terms
				upon which reinstatement might occur, an initial application for reinstatement
				may not be made until one (1) year has elapsed from the date the order becomes
				effective, and successive applications shall be made no more often than once
				every two (2) years. Prior to reinstatement of license or certification, any
				person requesting reinstatement of license or certification shall complete all
				continuing educational hours, and provide proof to the board thereof, as if the
				person had maintained active licensure or certification without interruption in
				license status.
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 190-4-11 - Public Records and Publication of Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The board shall maintain and keep open
				for public inspection during office hours a complete and properly indexed
				record of all applications for license or certification received, licenses and
				certificates issued, licenses and certificates renewed, and licenses and
				certificates revoked, canceled or suspended under the provisions of this act. A
				copy of any such record shall be made available to the public, upon application
				to the board, at such reasonable price per copy as may be fixed by the
				board.
11.2. Final decisions of the
				board relating to disciplinary actions, including consent agreements and
				consent orders, may be transmitted to the appropriate professional
				association(s), other states, and news media.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the requirements for an appraisal management company to be
				registered and to perform appraisal management services in the state of West
				Virginia. It further establishes procedures and requirements for registration
				renewals and regulation of Appraisal Management Companies.
1.2 Authority. -- W. Va. Code §§
									30-38-7, 30-38-9, 30-38-1, 30-38A-1
et seq.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, the words or terms have the same
				  meaning as the definitions provided in W.Va. Code §
									30-38A-1.
2.1. Broker price opinion" or "BPO" means an
				estimate prepared by a real estate broker, agent or sales person that details
				the probable selling price of particular piece of real estate property and
				provides a varying level of detail about the property's condition, market and
				neighborhood, and information on comparable sales, but does not include an
				Automated Value Models (AVM), as defined by section 1126(b) of FIRREA ( (12 U.S.C.A. §
										3355(b)) .
2.2.
				"Completed appraisal" means delivery of the signed appraisal report that is in
				compliance with the Uniform Standards of Professional Appraisal Practice
				(USPAP) to the appraisal management company.
2.3. "National Registry" means a database,
				maintained by the Appraisal Subcommittee of the Federal Financial Institutions
				Examination Council, containing selected information about the Nation's State
				certified and licensed real estate appraisers.
2.4. "Truth in Lending Act" or "TILA" means
				the Truth in Lending Act of 1968  (15 U.S.C. 1631  et seq.) and any amendments
				thereto. It is an act to safeguard the consumer in connection with the
				utilization of credit by requiring full disclosure of the terms and conditions
				of finance charges in credit transactions or in offers to extend credit; by
				restricting the garnishment of wages; and by creating the National Commission
				of Consumer Finance to study and make recommendations on the need for further
				regulation of the consumer finance industry; and for other purposes.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-3 - Registration Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Every person
				or firm who desires to be registered as an appraisal management company in this
				State shall comply with the provisions of W. Va. Code §
									30-38A-1
et seq
. and submit a written application on a form prescribed
				by the board setting forth the following:
3.1.a. The legal name of the applicant, the
				name under which the applicant will do business in West Virginia, and the
				physical and mailing address, telephone number, website, facsimile, and email
				address of the appraisal management company;
3.1.b. The name, the physical and mailing
				address and the contact information, including telephone number and e-mail
				address, of the controlling person of the appraisal management company seeking
				registration;
3.1.c. The name, the
				physical and mailing address and the contact information, including telephone
				number and e-mail address, of an individual that will be the initial point of
				contact or register agent for all communications with the board, if it is not
				the controlling person;
3.1.d If
				the applicant is a domestic firm, the designation of an agent for service of
				process; if the applicant is a foreign firm, documentation that the foreign
				firm is authorized to do business in this State and that an agent for service
				of process has been designated. The applicant shall submit a copy of the filing
				with the Secretary of State's Office appointing an agent service of
				process;
3.1.e. A certificate of
				authority issued by the Secretary of State;
3.1.f. Every appraisal management company
				shall file with the board a copy of the annual Report required to be filed with
				the Secretary of State under W. Va. Code §
										59-1-2a on or before the
				30th day of June on an annual basis; and
3.1.g. The fees required pursuant to W. Va.
				Code §
										30-38A-10 and this rule shall accompany each application for
				registration. The board shall reject and return to the applicant any
				application which is incomplete or not accompanied by the required
				fees.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-4 - Exemptions to Registration Requirement

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule does not apply to a financial institution,
				  including a department or unit within an institution that is regulated by an
				  agency of this state or the United States government; or an appraisal
				  management company that is a subsidiary wholly owned and controlled by a
				  financial institution regulated by a federal financial institution regulatory
				  agency.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-5 - Surety Bond Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				appraisal management companies shall maintain surety bonds that conform to W.
				Va. Code §
									30-38A-9 to secure the faithful performance of their
				obligations.
5.2. All appraisal
				management companies shall be in conformance with all relevant West Virginia
				statutory requirements.
5.3. The
				applicant or appraisal management company shall post with the board at the time
				of application a $50,000 surety bond. The board may in its discretion accept an
				appropriate deposit of cash or security in lieu of a surety bond.
5.4. Following any claims reducing the face
				amount of the bond, cash or securities shall be restored to $50,000 within ten
				(10) business days of being drawn down.
5.5 The board shall be notified immediately
				by the controlling person, if the surety bond is cancelled or
				terminated.
5.6 The appraisal
				management company shall notify the board in writing of any claims made on the
				bond, cash, or securities.
5.7. The
				surety bond shall remain in place for no less than one year after the appraisal
				management ceases operations in this state.
5.8 Claims against a surety bond.
5.8.a. The surety accrues to the state for
				the benefit of a claimant against the appraisal management company.
5.8.b. The board may bring suit on behalf of
				the party having a claim against the appraisal management company.
5.8.c. The Board shall give consumer claims
				priority in recovering from the surety bond; and
5.8.d. Claimants may make claims under the
				bond up to one year after the appraisal management company ceases to do
				business in this state.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-6 - Renewal and Reinstatement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Renewals.
6.1.a. Registrations are renewed for the
				period from July 1 to June 30 of the following year.
6.1.b. The board shall send a renewal notice
				to the controlling person identified by the appraisal management company by May
				1 of each year.
6.1.c. Failure to
				receive a renewal notice from the board does not relieve the appraisal
				management company of the responsibility to timely apply for renewal.
6.1.d. A holder of an appraisal management
				company registration desiring the renewal of such registration shall apply in
				writing upon the form provided by the board and shall forward the renewal fee.
				Forms are available upon request to the board.
6.1.e. Any company who acts or holds itself
				out as a registered appraisal management company while its appraisal management
				company registration is delinquent or expired is subject to disciplinary action
				and penalties as prescribed in W. Va. Code §
										30-38A-16 and this
				rule.
6.1.f. Fees for renewals or
				reinstatement are not refundable.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-7 - Schedule of Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 All fees for
				registration and application are non-refundable.
7.2. The fees charged by the board are as
				follows:
7.2.a. Application fee of five
				hundred dollars ($500);
7.2.b.
				Registration fee of two thousand dollars ($2,000);
7.2.c. Registration renewal fee of two
				thousand dollars ($2,000);
7.2.d.
				Delinquent renewal fee of two hundred fifty dollars ($250) per month for each
				delinquent month;
7.2.e. Change of
				address or business name fee of one hundred dollars ($100);
7.2.f. Change of contact person fee of one
				hundred dollars ($100);
7.2.g.
				Change of controlling person fee of one hundred dollars ($100);
7.2.h. Change of 50% ownership application
				fee of two hundred dollars ($200);
7.2.i. Certificate of good standing fee of
				twenty five dollars ($25);
7.2.j.
				Administrative fee for copying and scanning of fifty cents ($.50) per page;
				and
7.2.k. A duplicate wall
				registration certificate 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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-8 - Responsibilities and Duties of Appraisal Management Companies

Current through Register Vol. XLI, No. 28, July 12, 2024
An appraisal management company registered under the
				  provisions of this article shall
:
8.1. Have a system in place to verify that
				any appraiser being added to its appraiser panel to appraise properties in West
				Virginia is licensed or certified by this state and in good standing. The
				appraisal management company shall verify the status of the appraiser by
8.1.a. Contacting the West Virginia Real
				Estate Appraiser Licensing and Certification Board; or
8.1.b. Using the National Registry of the
				Appraisal Subcommittee.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-9 - Retention of Records

Current through Register Vol. XLI, No. 28, July 12, 2024
An appraisal management company registered under the
				  provisions of W. Va. Code § 30- 38A-1
et seq.,
and this
				  rule shall retain the following records:
9.1. A detailed record of each service
				request that it receives for appraisals of real property located in this state,
				which shall include, but is not limited to, the following:
9.1.a. A letter of engagement with the
				appraiser;
9.1.b. An appraisal
				report received from the appraiser, including the original report, any revised
				reports, and any addenda or other material furnished subsequent to the delivery
				of the original report;
9.1.c. Any
				and all assignment related correspondence sent to and received from the
				appraiser;
9.1.d. A letter of
				engagement with any independent review appraiser for the purpose of reviewing
				the requested appraisal if an appraisal review assignment is commissioned by
				the appraisal management company;
9.1.e. Review of the requested appraisal,
				including the original review report, any and all correspondence sent to and
				received from the reviewing appraiser, and each subsequent revised review
				report;
9.1.f. Requests received
				from the client, all documentation supplied to that client, and any and all
				correspondence sent to and received from the client; and
9.1.g. Fees paid to utilized appraisers and
				the fees received from the client;
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-10 - Payment of Fees to Appraisers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Except in
				cases of breach of contract or substandard performance, appraisal management
				companies shall pay an independent appraiser for the completion of an appraisal
				within forty five (45) days after the appraiser provides the completed
				appraisal to the appraisal management company unless otherwise agreed to by the
				parties.
10.1.a. A subsequent request by the
				appraisal management company to the Appraiser for additional support of
				valuation or correction of factual and objective data shall not extend the
				payment date beyond the 45 days from initial delivery of assigned
				appraisal.
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 190-05 - Requirements for Registration and Renewal of Appraisal Management Companies › Section 190-5-11 - Temporary Authority to Conduct Business

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 An
				appraisal management company that is not exempt from W.Va. Code §30-38A,
				which began offering appraisal management services in this state before July 1,
				2014, and has continued to offer appraisal management services in this state
				since then without interruption, may continue to offer appraisal management
				services after July 1, 2014, without first being registered if:
11.1.a. An application has been filed with
				the Board;
11.1.b. The appropriate
				fees have been paid;
11.1.c. The
				individual who signed the application in the capacity of the controlling person
				continues to act as controlling person until the application is approved,
				considered withdrawn, provisionally denied, or denied by final order;
11.1.d. The application has not been:
11.1.d.1. Considered withdrawn;
11.1.d.2. Provisionally denied;
11.1.d.3. Denied by final order; or
11.1.d.4. Approved;
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-01 - Operation of the Family Protection Advisory Board › Section 191-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This rule establishes the
				operating procedures of the Family Protection Services Board.
1.2. Authority -- W. Va. Code §
									48-26-403.
1.3. Filing Date --
1.4. Effective Date 5/4/15
West Virginia Code of State Rules › Agency 191 - Family Protection Services Board › Title 191 - LEGISLATIVE RULE FAMILY PROTECTION SERVICES BOARD › Series 191-01 - Operation of the Family Protection Advisory Board › Section 191-1-4 - Board Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board shall collect data about licensed programs for use
				  in an annual report on the status of licensed programs to be submitted to the
				  Governor and the Joint Committee on Government and
				  Finance.