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 190-2-4 - General Qualifications for Licensure or Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Every person who applies to be
				classified as a licensed or certified appraiser shall:
4.1.a. Have a good reputation for honesty,
				truthfulness, and fair dealing, and be competent to transact the business of a
				licensed or certified appraiser in a manner that safeguards the interests of
				the public;
4.1.b. Except as
				provided in subsection 2-11 of this rule, meet the current education and
				experience requirements and submit an application to the Board or its agent
				prior to the time the applicant is approved to sit for the licensing or
				certification examination. An applicant shall complete an application for
				license or certification within twelve months after the board's receipt of the
				application and fee;
4.1.c. Be in
				good standing as a real estate appraiser in every jurisdiction where he or she
				is licensed or certified. An applicant's occupational or professional license
				or certification shall not be suspended, revoked or surrendered in connection
				with a disciplinary action, or an applicant may not be the subject of
				disciplinary action in any jurisdiction prior to applying for licensure or
				certification in West Virginia;
4.1.d. At the time of initial licensure, not
				have 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:
4.1.d.1. The nature and seriousness of the
				crime for which the individual was convicted;
4.1.d.2. The passage of time since the
				commission of the crime;
4.1.d.3.
				The relationship of the crime to the ability, capacity, and fitness required to
				perform the duties and discharge the responsibilities of the profession or
				occupation; and
4.1.d.4. Any
				evidence of rehabilitation or treatment undertaken by the individual.
4.1.e. 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:
4.1.e.1. A period of five years has elapsed
				from the date of conviction or the date of release from incarceration,
				whichever is later;
4.1.e.2. The
				individual has not been convicted of any other crime during the period of time
				following the disqualifying offense; and
4.1.e.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.
4.1.f. 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.
4.1.g.
				The requirements of this section do not apply to the criteria that the board
				may consider when making determinations regarding relicensure or discipline of
				licensees, and
4.1.h. Be at least
				18 years of age.