H. B. 4336
(By Delegates Morgan, Stephens and Craig)
[Introduced February 4, 2010
; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §30-38-11 of the Code of West Virginia,
1931, as amended, relating to clarifying that an applicant to
practice real estate appraisal activity is required to
complete a criminal background check.
Be it enacted by the Legislature of West Virginia:
That §30-38-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION
ACT.
§30-38-11. Applications for license or certification; renewals.
(a) An individual who desires to engage in real estate
appraisal activity in this state shall make application for a
license, in writing, in a form as the board
may prescribe
prescribes. In addition to any other information required, the
applicant's social security number will be recorded on the application.
(b) To assist the board in determining whether grounds exist
to deny the issuance of a license to an applicant, the board may
require the fingerprinting of every applicant for an original
license
for the purposes of conducting a criminal background check.
(c) The payment of the appropriate fee must accompany all
applications for original certification and renewal of
certification and all applications to take an examination.
(d) At the time of filing an application for original
certification or for renewal of certification, each applicant shall
sign a pledge to comply with the standards of professional
appraisal practice and the ethical rules to be observed by an
appraiser. Each applicant shall also certify that he or she
understands the types of misconduct, as set forth in this article,
for which disciplinary proceedings may be initiated.
(e) To obtain a renewal of license or certification under this
article, the holder of a current license or certification shall
make application and pay the prescribed fee to the board no earlier
than one hundred twenty days nor later than thirty days
prior to
before the expiration date of the current license or certification.
Each application for renewal must be accompanied by evidence in the
form prescribed by the board that the applicant has completed the
continuing education requirements for renewal specified in this
article and the board's rules.
(f) If the board determines that an applicant for renewal has failed to meet the requirements for renewal of license or
certification through mistake, misunderstanding or circumstances
beyond the control of the applicant, the board may extend the term
of the applicant's license or certification for a period not to
exceed six months upon payment by the applicant of a prescribed fee
for the extension. If the applicant for renewal of license or
certification satisfies the requirements for renewal during the
extension period, the beginning date of his or her renewal license
or certificate shall be the day following the expiration of the
certificate previously held by the applicant.
(g) If a state licensed or certified real estate appraiser
under this article fails to renew his or her license or
certification prior to its expiration or within any period of
extension granted by the board pursuant to this article, the
applicant may obtain a renewal of his or her license or
certification by satisfying all of the requirements for renewal and
filing an application for renewal, accompanied by a late renewal
fee, within two years of the date that his or her certification
expired.
(h) The board may deny the issuance or renewal of a license or
certification for any reason enumerated in this article or in the
rules of the board, or for any reason for which it may refuse an
initial license or certification.
NOTE: The purpose of this bill is clarify that an applicant to
practice real estate appraisal activity is required to complete a criminal background check.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.