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 190-2-9 - Qualifications for Temporary Permit as a Licensed Residential Real Estate Appraiser, Certified Residential or Certified General Real Estate Appraiser

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An individual who is currently licensed
				or certified as a real estate appraiser in another jurisdiction may apply for a
				temporary permit as provided in_Title XI of the Financial Institutions Reform,
				Recovery and Enforcement Act of 1989,  12 U.S.C. §§
										3331-3351, as
				amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of
				2010. Each applicant shall file with the board an irrevocable consent, duly
				acknowledged, to service of process upon a person located within this State
				designated to accept service, or upon the Secretary of State, if a plaintiff in
				a civil action arising from the applicant's activities as a real estate
				appraiser in this State is unable, through the exercise of due diligence, to
				effect personal service upon the temporary permit holder.
9.2. The board shall recognize the
				appraiser's certification or license issued by another state as equivalent to a
				West Virginia license or certification provided that:
9.2.a. The applicant's business is of a
				temporary nature, and is limited to one specific assignment;
9.2.b. The board considers the education,
				experience and general examination requirements completed in the jurisdiction
				of original licensure or certification to be substantially equivalent to those
				required for the appropriate level of licensure or certification in West
				Virginia;
9.2.c. The applicant
				signs, as part of the application, an affidavit certifying that The appraiser
				will read and comply with West Virginia law and the board's rules;
9.2.d. The applicant is in good standing as a
				licensed or certified real estate appraiser in every jurisdiction where he or
				she is licensed or certified, the license or certification has not been
				suspended, revoked, or surrendered in connection with a disciplinary action,
				and the applicant is not and has not been the subject of disciplinary action in
				any jurisdiction;
9.2.e. The
				applicant has a good reputation for honesty, truthfulness, and fair dealing,
				and is competent to transact business of a real estate appraiser in a manner
				that safeguards the interest of the public;
9.2.f. The applicant has not been found
				guilty or pled guilty, regardless of adjudication, in any jurisdiction, of a
				crime that bears a rational nexus to the occupation requiring licensure. Any
				plea of nolo contendere is considered a conviction for purposes of this
				subdivision. The record of a conviction authenticated in a form that is
				admissible in evidence under the laws of the jurisdiction where convicted is
				admissible as prima facie evidence of the conviction. In determining whether a
				criminal conviction bears a rational nexus to a profession or occupation, the
				board shall consider at a minimum:
9.2.f.1.
				The nature and seriousness of the crime for which the individual was
				convicted;
9.2.f.2. The passage of
				time since the commission of the crime;
9.2.f.3. The relationship of the crime to the
				ability, capacity and fitness required to perform the duties and discharge the
				responsibilities of the profession; and
9.2.f.4. Any evidence of rehabilitation or
				treatment undertaken by the individual.
9.2.g. Notwithstanding any other provision of
				this rule to the contrary, if an applicant is disqualified from licensure
				because of a prior criminal conviction, the board shall permit the applicant to
				apply for initial licensure if:
9.2.g.1. A
				period of five years has elapsed from the date of conviction or the date of
				release from incarceration whichever is later;
9.2.g.2. The individual has not been
				convicted of any other crime during the period of time following the
				disqualifying offense; and
9.2.g.3.
				The conviction was not for an offense of a violent or sexual nature;
Provided
that a conviction of a violent or sexual nature may
				subject an individual to a longer period of disqualification from licensure to
				be determined by the board.
9.2.h. An individual with a criminal record
				who has not previously applied for licensure may petition the board at any time
				for a determination of whether the individual's criminal record will disqualify
				the individual from obtaining a license. This petition shall include sufficient
				details about the individual's criminal record to enable the board to identify
				the jurisdiction where the conviction occurred, the date of the conviction, and
				the specific nature of the conviction. The board shall provide the
				determination within sixty days of receiving the petition from the applicant.
				The board may charge a fee to recoup its costs for each petition.
9.2.i. The applicant is at least 18 years of
				age.