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 190-2-8 - Qualifications for Licensure or Certification by Reciprocity
Universal Citation: 190 WV Code of State Rules 190-2-8
Current through Register Vol. XLI, No. 38, September 20, 2024
8.1. An applicant who is currently licensed or certified as a real estate appraiser in another jurisdiction may apply for a West Virginia appraiser license or certification of the same classification as the out-of-state license or certification: Provided that:
8.1.a. The
appraiser licensing program of the other state is in compliance with 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; and
8.1.b. The other state has credentialing
requirements that meet or exceed those of West Virginia.
8.2. Each applicant for a license or certification by reciprocity shall:
8.2.a. Be
at least 18 years of age;
8.2.b.
Have a good reputation for honesty, truthfulness, and fair dealing, and be
competent to transact the business of a real estate appraiser in a manner that
safeguards the interest of the public;
8.2.c. Not have been convicted 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:
8.2.c.1. The nature and seriousness
of the crime for which the individual was convicted;
8.2.c.2. The passage of time since the
commission of the crime;
8.2.c.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
8.2.c.4. Any evidence of
rehabilitation or treatment undertaken by the individual.
8.2.d. 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:
8.2.d.1. A
period of five years has elapsed from the date of the conviction or the date of
release from incarceration, whichever is later;
8.2.d.2. The individual has not been
convicted of any other crime during the period of time following the
disqualifying offense; and
8.2.d.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.
8.2.e. 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.
8.2.f. 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.
8.2.g. Be identified on The National Registry
of The Appraisal Subcommittee as an active licensed or certified real property
appraiser that currently conforms to the AQB criteria;
8.2.h. Complete an application approved by
the board; and
8.2.i. On forms
provided by the board, sign a pledge to comply with the standards of
professional appraisal practice and the ethical rules that are established by
the board. Each applicant shall also certify that he or she understands the
types of misconduct as described in W. Va. Code §
30-38-1 et seq. and that
disciplinary proceedings may be initiated against him or her for that
misconduct.
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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