H. B. 2689
(By Delegate Ashcraft)
[Introduced March 24, 1993; referred to the
Committee on Government Organization.]
A BILL to amend and reenact sections thirty-one and thirty-six,
article fourteen, chapter thirty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to licensing and certification of real estate
appraisers; and exempting certain persons from examination
and continuing education requirements.
Be it enacted by the Legislature of West Virginia:
That sections thirty-one and thirty-six, article fourteen,
chapter thirty-seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted to
read as follows:
ARTICLE 14. THE REAL ESTATE APPRAISER LICENSING AND
CERTIFICATION ACT.
§37-14-31. Examination required.
Except for a person who has not less than ten years of
experience as a residential real estate appraiser for the
farmers' home administration or the veteran's administration whoshall be issued an original license as a state licensed
residential real estate appraiser upon application and proof of
experience, an original license as a state licensed residential
real estate appraiser shall not be issued to any person who has
not passed an examination administered through the board.
An original certification as a state certified real estate
appraiser shall not be issued to any person who has not passed an
examination administered by the board. The examination,
administered by the board, shall be consistent with the uniform
state examination for licensure or certification issued or
endorsed by the appraisal qualifications board of the appraisal
foundation.
The board may offer for the benefit of prospective
applicants for licensure or certification a program of
instruction and preparation for the examination.
§37-14-36. Continuing education requirement.
As a prerequisite to renewal of license or certification, a
state licensed or certified real estate appraiser shall present
evidence satisfactory to the board of having met the continuing
education requirements of this section. A person who has not
less than ten years of experience as a residential real estate
appraiser for the farmer's home administration or the veterans'
administration and who is exempt from the examination
requirements under section thirty-one of this article is exempt
from the continuing education provisions of this section and is
eligible to obtain a license renewal without meeting thecontinuing education requirements of this section.
The basic continuing education requirement for renewal of
license or certification shall be the completion by the
applicant, during the immediately preceding term of licensure or
certification, of not less than ten classroom hours of
instruction per year in courses or seminars which have received
the approval of the board.
In lieu of meeting the requirements set forth above, an
applicant for relicensure or recertification may satisfy all or
part of the requirements by presenting evidence of the following:
(a) Completion of an educational program of study determined
by the board to be equivalent, for continuing education purposes,
to courses or seminars approved by the board; or
(b) Participation other than as a student in educational
processes and programs approved by the board which relate to real
property appraisal theory, practices or techniques, including,
but not necessarily limited to, teaching, program development and
preparation of textbooks, monographs, articles and other
instructional materials.
The board shall develop rules for the implementation of the
provisions of this section to the end of assuring that an
individual who renews his or her license or certification under
this article has a working knowledge of current real estate
appraisal theories, practices and techniques that will enable the
individual to provide competent real estate appraisal services to
the members of the public with whom such individual deals in aprofessional relationship under the authority of his or her
license or certification. All rules shall be promulgated
pursuant to the provisions of chapter twenty-nine-a of this code
and shall prescribe the following:
(1) Policies and procedures to be followed in approval of
courses of instruction and seminars;
(2) Standards, policies and procedures to be used in
evaluating an applicant's claim of equivalency;
(3) Standards, monitoring methods and systems for recording
attendance to be employed by course and seminar sponsors as a
prerequisite to approval of courses and seminars for credit.
In developing and proposing rules pursuant to this section,
the board shall give consideration to courses of instruction,
seminars, and other appraisal education programs developed by or
under the auspices of organizations or associations of
professional real estate appraisers which are utilized by such
organizations or associations for the purpose of awarding real
estate appraisal designations or indicating compliance with the
continuing education requirements of the organizations or
associations.
No amendment or repeal of a rule adopted by the board
pursuant to this section shall operate to deprive a state
licensed or certified real estate appraiser of credit toward
renewal of his or her license or certification for any course of
instruction or seminar that has been completed by the state
licensed or certified real estate appraiser prior to the adoptionof the rule.
On or after the first day of January, one thousand nine
hundred ninety-two, a license or certification as a state
licensed or certified real estate appraiser that has been revoked
or suspended as the result of a disciplinary action taken by the
board shall not be reinstated unless the applicant for
reinstatement presents evidence that he or she has completed the
continuing education requirement that is provided in this article
for the renewal of license or certification. This continuing
education requirement shall not be imposed upon an applicant for
reinstatement who has been required by the board to successfully
complete the examination for state licensed or certified real
estate appraiser required by section thirty-one of this article
as a condition for reinstatement of certification.
NOTE: The purpose of this bill is to exempt persons with
ten years of experience as a residential real estate appraiser
for the farmers' home administration or the veterans'
administration from license examination requirements and
continuing education requirements for license renewal under the
real estate appraiser licensing and certification act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.