HB4523 H GO AM 2-23
Thompson 3192

The Committee on Government Organization moves to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
"That §30-40-7 and §30-40-11 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 §30-40-29, all to read as follows:
ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.
§30-40-7. General powers and duties.
The commission has all the powers set forth in article one of this chapter and in addition:
(a) May sue and be sued in its official name as an agency of this state;
(b) Shall employ an executive director and shall fix his or her compensation subject to the general laws of this state. The commission shall determine the duties of the executive director as it shall consider necessary and appropriate to discharge the duties imposed by the provisions of this code;
(c) Shall employ or contract with such other investigators, hearing examiners, attorneys, consultants, clerks and assistants as the commission considers necessary and determine the duties and fix the compensation of such investigators, clerks and assistants subject to the general laws of this state;
(d) Shall have the authority to issue subpoenas and subpoenas duces tecum through any member, its executive director or any duly authorized representative;
(e) Shall prescribe, examine and determine the qualifications of any applicant for a license;
(f) Shall provide for an appropriate examination of any applicant for a license;
(g) May enter into agreements with other jurisdictions whereby the license issued by another jurisdiction may be recognized as successfully qualifying a nonresident for a license in this state;
(h) Shall issue, renew, deny, suspend, revoke or reinstate licenses and take disciplinary action against any licensee;
(i) May investigate or cause to be investigated alleged violations of the provisions of this article, the rules promulgated hereunder and the orders or final decisions of the commission;
(j) Shall conduct hearings or cause hearings to be conducted upon charges calling for the discipline of a licensee or for the suspension or revocation of a license;
(k) May examine the books and records relating to the real estate business of a licensee if the licensee is charged in a complaint of any violation of this article, commission rule or any order or final decision issued by the commission: Provided, That such examination shall not extend beyond the specific violation charged in the complaint;
(l) May impose one or more sanctions as considered appropriate in the circumstances for the discipline of a licensee. Available sanctions include, but are not limited to, denial of a license or renewal thereof, administrative fine not to exceed one thousand dollars per day per violation, probation, revocation, suspension, restitution, require additional education, censure, denial of future license, downgrade of license, reprimand or order the return of compensation collected from an injured consumer;
(m) Shall meet at least once each calendar year at such place and time as the commission shall designate and at such other times and places as it considers necessary to conduct commission business;
(n) Shall publish an annual directory of licensees in compliance with the provisions of section thirteen, article one, chapter thirty of this code;
(o) May sponsor real estate-related educational seminars, courses, workshops or institutes, may incur and pay the necessary expenses and may charge a fee for attendance;
(p) May assist libraries, institutions and foundations with financial aid or otherwise in providing texts, sponsoring studies, surveys and programs;
(q) (p) May perform compliance audits on real estate brokerage offices, education providers or any other person regulated by the commission;
(r) (q) May provide distance education courses for applicants for a license sufficient to meet the educational requirements contained in subsections (a) and (b), section fourteen of this article; and
 (r) May request criminal history record checks in accordance with section twenty-nine of this article on all applicants for licensure; and
(s) Shall take all other actions necessary and proper to effectuate the purposes of this article.
§30-40-11. Application for license.
The commission shall only may issue an original license to an applicant if he or she:
(a) Submits an application, in writing, in a form prescribed by the commission which must contain, but is not limited to:
(1) The applicant's social security number;
(2) The recommendation of at least two persons who:
(A) Are property owners at the time of signing the application;
(B) Have been property owners for at least twelve months preceding the signing of the application;
(C) (A) Have known the applicant for at least two years;
(D) (B) Are not related to the applicant;
(E) (C) Are not affiliated with the applicant as an employer, partner or associate or with the broker that will employ the applicant;
(F) (D) Believe the applicant bears a good reputation for honesty, trustworthiness and fair dealing; and
(G) (E) Believe the applicant is competent to transact the business of a real estate broker, associate broker or salesperson, as the case may be, in a manner that would protect the interest of the public.
(3) A clear record indicating all jurisdictions where the applicant holds or has held any professional license.
(4) A clear record indicating if the applicant has been convicted of any criminal offense or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application.
(b) Is at least eighteen years of age.
(c) Is a high school graduate or the holder of an equivalency diploma.
(d) Is trustworthy, of good moral character and competent to transact the business of a broker, associate broker or salesperson.
(e) Has completed all the necessary steps in order to allow the commission to receive criminal history record information from the West Virginia State Police and the Federal Bureau of Investigation.
(e) (f) Has paid the appropriate fee, if any, which must accompany all applications for original license or renewal.
§30-40-29. Authorization for criminal history record check; fees; records not considered public.

(a) Each applicant for an original license shall:
(1) Submit fingerprints to the commission;
(2) Authorize the commission to request a criminal history record check and provide the fingerprints to the West Virginia State Police;
(3) Authorize the West Virginia State Police to submit fingerprints to the Federal Bureau Information and to request a criminal history record check; and
(4) Authorize the commission, the West Virginia State Police and the Federal Bureau of Investigation to exchange information and maintain the applicant's fingerprints and criminal history record information.
(c) The applicant shall pay the actual cost, if any, of the fingerprinting and check of his or her criminal history record information.
(d) If the criminal history record check is not completed within ninety days of the date the original application for a license is received in the commission's office, the commission may return the application to the applicant.
(e) No application shall be considered complete until the criminal history record information is received by the commission.
(f) The results of a criminal history record check conducted pursuant to this article are not considered public records under chapter 29B of this code."