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 190-04 - Investigative and Hearing Procedures
Section 190-4-5 - Disposition of Inquiries

5.1. Except as otherwise specifically provided herein, the enforcement proceedings under this Rule shall be conducted in accordance with the contested case hearing procedures of the West Virginia Administrative Procedures Act as adopted in this State, and the board shall have all the powers granted therein.

5.2. An inquiry or allegation which alleges that the appraiser has violated a rule of professional conduct promulgated by the board shall be lodged with the board. The process may be instituted by any person, including members of the board, on a form prescribed by the board, and filed with the board.

5.3. Upon receipt of an inquiry, the board shall forward such inquiry to the standards committee for its review. The committee shall review and investigate each inquiry or allegation. After review, if the committee determines that the inquiry or allegation has merit, it will recommend that the board file a formal complaint.

5.4. Upon initiation of a complaint by the board, the board 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 Board, its Executive Director or other authorized representative permits the extension.

5.5. 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 board informed of his or her current address.

5.6. The board mayreview and investigate alleged acts or omissions which the board reasonably believes constitute cause for disciplinary action. In order to determine if probable cause exists for a hearing on a complaint, the board, shall cause an investigation to be made into the allegations of the complaint. If the board determines that the complaint does not present facts which constitute a basis for disciplinary action, the board shall take no further action.

5.7. In connection with the investigation of a complaint, both the board and the standards committee are authorized to subpoena witnesses, books, papers, records and any other evidence to help it determine whether a contested case proceeding should be instituted.

5.8. The board or the standards committee may grant the appraiser an opportunity to appear before the board or the standards committee for a voluntary informal discussion of the facts and circumstances of an alleged violation. An informal discussion constitutes a part of the investigation of a pending disciplinary case and the facts discussed at the informal discussion may be considered by the board or the standards committee in the event the matter proceeds to a contested case hearing. The board or the standards committee may seek a consent order at the time of the informal discussion.

5.9. In the event the standards committee investigates a complaint on behalf of the board, at the conclusion of the committee investigation, the standards committee shall develop and provide to the board a recommendation relating to the disposition of the complaint. In the discretion of the board, and by majority vote, the board may accept or reject the standards committee's recommendation.