HB2730 H GO AM 3-21
Thompson 3192
The Committee on Government Organization moves to amend the
bill on page 1, line 21, after the enacting section, by striking
out the remainder of the bill in its entirety and inserting in lieu
thereof the following:
"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."