West Virginia Code of State Rules › Agency 174 - Real Estate Commission › Title 174 - LEGISLATIVE RULE REAL ESTATE COMMISSION › Series 174-04 - Procedure For The Investigation And Resolution Of Complaints And Contested Case Hearings › Section 174-4-4 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Commission may upon its own motion and shall upon the filing of a complaint by
				any person setting forth a cause of action under W. Va. Code '30-40-1, et
				seq., or the rules promulgated thereunder, ascertain the facts and if warranted
				hold a hearing to determine whether disciplinary action should be imposed
				against a licensee.
4.2. The
				Commission will consider complaints of alleged violations of W. Va. Code
				'30-40-1, et
				seq., and the rules promulgated thereunder, only when they are submitted in
				writing on forms supplied by the Commission and set forth all details of the
				transaction, giving full names of all persons having knowledge of such
				transactions, together with specific addresses, dates, monetary amounts
				involved, copies of contracts, closing statements, correspondence and other
				pertinent documents and information. Only in this way can the Commission handle
				such matters expediently and satisfactorily.
4.3. Upon initiation or receipt of the
				complaint, the Commission shall provide a copy of the complaint to the licensee
				for his or her response to the allegations contained in the complaint. The
				accused party shall file an answer within twenty days of the date of service.
				Failure of the licensee to file a timely response may be considered an
				admission of the allegations in the complaint: Provided, That nothing contained
				herein shall prohibit the accused party from obtaining an extension of time to
				file a response, if the Commission, its Executive Director or other authorized
				representative permits the extension.
4.4. Requests for a response to the
				allegations contained in a complaint, or requests for additional information
				will be considered properly served when sent to the licensee=s last known
				address. It is the responsibility of the licensee or applicant to keep the
				Commission informed of his or her current address.
4.5. After receiving the licensee=s response
				to the complaint and reviewing any information obtained through investigation,
				the Commission shall determine if probable cause exists that the licensee has
				violated any provision of W. Va. Code '30-40-1, et
				seq., the rules promulgated thereunder, or any order or final decision issued
				by the Commission.
4.6.
				Investigation of complaints
4.6.a. The
				Commission may, upon receipt of a complaint or upon its own motion, review and
				investigate alleged acts or omissions which the Commission reasonably believes
				constitute cause for disciplinary action. In order to determine if probable
				cause exists for a hearing on a complaint, the Executive Director,
				investigator(s) designated by Commission staff, or the chairperson of the
				Commission shall cause an investigation to be made into the allegations of the
				complaint. If the Commission determines that the complaint does not present
				facts which constitute a basis for disciplinary action, the Commission shall
				take no further action.
4.6.b. In
				connection with the investigation of a complaint, the Commission is authorized
				to subpoena witnesses, books, papers, records and any other evidence to help it
				determine whether a contested case proceeding should be instituted.
4.6.c. Every licensee has an affirmative duty
				to assist the Commission, or its authorized representative, in investigations
				performed by the Commission.
4.6.d.
				Upon completion of the investigation, the Commission may:
4.6.d.1. Order the matter to be further
				investigated;
4.6.d.2. Allow the
				licensee, who is the subject of the complaint, an opportunity to appear before
				the Commission for an informal discussion regarding the facts and circumstances
				of the alleged violations;
4.6.d.3.
				Determine there is no probable cause to believe a disciplinary violation has
				occurred and close the case; or
4.6.d.4. Determine there is probable cause to
				believe that a disciplinary violation has occurred and proceed with a contested
				case hearing or dispose of the matter through a consent agreement or
				otherwise.