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
Universal Citation: 190 WV Code of State Rules 190-2-4
Current through Register Vol. XLI, No. 38, September 20, 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.
4.2. At the time of filing an application for original or renewal of a license or certification, each applicant shall sign a pledge to comply with the standards of professional appraisal practice and the ethical rules established by the board. Each applicant shall certify that he or she understands the types of misconduct described in W. Va. Code §§ 30-38-1 et seq. and acknowledges that the board may initiate disciplinary proceedings against him or her for such misconduct.
4.3. Any applicant who applies to be classified as a licensed or certified appraiser shall comply with all requirements in effect at that time.
4.4. The applicant shall submit to a state and national criminal history record check for the purpose of determining whether the applicant has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a license.
4.4.a. The criminal history record check
shall be based on fingerprints submitted to the West Virginia State Police or
its assigned agent for forwarding to the Federal Bureau of
Investigation.
4.4.b. The applicant
shall meet all requirements necessary to accomplish the state and national
criminal history record check, including:
4.4.b.1. Submitting fingerprints for the
purposes set forth in this subsection; and
4.4.b.2. Authorizing the board, the West
Virginia State Police and the Federal Bureau of Investigation to use all
records submitted and produced for the purpose of screening the applicant for a
license.
4.4.c. The
results of the state and national criminal history record check may not be
released to or by a private entity except:
4.4.c.1. To the individual who is the subject
of the criminal history record check;
4.4.c.2. With the written authorization of
the individual who is the subject of the criminal history record check;
or
4.4.c.3. Pursuant to a court
order.
4.4.d. The
criminal history record check and related records are not public records for
the purposes of chapter twenty-nine-b of this code.
4.4.e. The applicant shall pay the actual
costs of the fingerprinting and criminal history record check.
4.4.f. If the applicant for licensure
actively holds an appraiser apprentice permit, licensed residential appraiser
license, or certified residential appraiser license, issued by the board, and
has previously completed a criminal background check conducted by the board,
the results of the prior criminal background check shall satisfy the board's
current criminal background investigation requirement.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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