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Key: Green = existing Code. Red = new code to be enacted
H. B. 2730
(By Delegates Morgan, Stephens, Azinger, Diserio,
Ferns, Jones, Paxton, Perry, D. Poling,
Romine and Swartzmiller)
[Introduced February 26, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL amend and reenact §30-38-5 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto
new section, designated §30-38-19, all relating to the Real
Estate Appraisal Board; providing reciprocity requirements;
and moving the temporary registration requirements to its own
section.
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 credential if:
_____(1) The appraiser is coming from a state that has been deemed
by the Appraisal Subcommittee (ASC) as "in compliance" with Title
XI;
_____(2) The appraiser holds a valid credential from that state;
and
_____(3) The credentialing requirements of that state meet or
exceed those of the reciprocal credentialing state.
§30-38-19. Temporary registration.
_____Upon completion of the application, providing 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 and payment of the nonrefundable fees, the board may issue a temporary permit, for a
licensee to 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.
NOTE: The purpose of this bill is to update the reciprocity
requirements of the Real Estate Appraisers' Board to comply with
federal law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§30-38-19 is new; therefore, it has been completely
underscored.