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Committee Substitute House Bill 2730 History

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COMMITTEE SUBSTITUTE

forH. B. 2730

 

(By Delegates Morgan, Stephens, Azinger, Diserio,

 Ferns, Jones, Paxton, Perry, D. Poling, Romine and Swartzmiller)

(Originating in the Committee on the Judiciary)

[March 29, 2013]

 

A BILL to amend and reenact §30-38-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-38-19, all relating to requirements to perform appraisals; providing requirements for licensure or certification by reciprocity; and clarifying the requirements for temporary permits.

Be it enacted by the Legislature of West Virginia:

    That §30-38-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §30-38-19, all to read as follows:

ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

§30-38-5. Reciprocal credentialing.

    (a) A nonresident of this state who has complied with the provisions of subsection (b) of this section may obtain a license or certification as a real estate appraiser in this state by complying with all of the provisions of this article relating to the licensing or certification of real estate appraisers.

    (b) Each nonresident applicant for licensure or certification and each nonresident registrant for temporary practice within this state shall submit, with his or her application, an irrevocable consent that service of process upon him or her may be made by delivery of the process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as a real estate appraiser in this state, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant.

    (c) A nonresident of this state who is not licensed by this state but who is licensed in another state, district or territory, may perform one specific assignment relating to the appraisal of real estate or real property in this state, after being approved by the board in accordance with the rule for temporary registration and complying with the provisions of subsection (b) of this section.

    (d) If the board determines that another state or territory or the District of Columbia has substantially equivalent licensure or certification laws for real estate appraisers, an applicant for licensure or certification in this state who is licensed or certified under the laws of the other state, territory or district may obtain a license or certificate as a real estate appraiser in this state upon the terms and conditions set by the board: Provided, That the laws of such state, territory or district accord substantially equal reciprocal rights to a licensed or certified real estate appraiser in good standing in this state, and that disciplinary proceedings are not pending against the applicant in his or her state of licensure or certification.

    The board shall issue a reciprocal license or certification to an applicant from another state if the applicant holds a valid license or certification from a state whose licensing and certification program:

    (1) Is in compliance with the provisions of 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

    (2) That has credentialing requirements that meet or exceed those of West Virginia.

§30-38-19. Temporary permit.

    (a) The board may issue a temporary permit to perform one specific assignment relating to the appraisal of real estate or real property in this state to an applicant who:

    (1) Completes an application;

    (2) Pays a nonrefundable application fee;

    (3) Provides an irrevocable consent that service of process upon him or her may be made by service of process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as a real estate appraiser in this state, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant; and

    (4) Meets the requirements for a temporary permit as established by the board by legislative rule.

    (b) The temporary permit is subject to the terms, conditions and limitations set forth by the board by legislative rule.

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