Current through Register Vol. XLI, No. 38, September 20, 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.
9.3. The temporary
permit issued under the provisions of this section is expressly limited to the
authority of the permit holder to perform the specific contract of appraising
which is the basis for the temporary permit.
9.4. Each temporary permit expires upon the
completion of the appraisal work which is the basis the permit or after a
period of six (6) months, whichever occurs first.
