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Home » US Law » 2022 West Virginia Code » Chapter 30. Professions and Occupations » Article 38. The Real Estate Appraiser Licensing and Certification Act

§30-38-1. Real Estate Appraiser License Required; Exceptions

(a) It is unlawful for any person, for compensation or valuable consideration, to prepare a valuation appraisal or a valuation appraisal report relating to real estate or real property in this state without first being licensed or certified as provided in this article. This section shall not be construed to apply to persons who do […]

§30-38-10. Civil Liability for Board Members; Liability Limitations of Professionals Reporting to Board; Disqualification of Board Members From Disciplinary Proceedings or Actions

(a) Members of the board will be immune from individual civil liability for actions taken in good faith and without malice, within the scope of their duties as board members. (b) Any person licensed or certified by this board who reports or otherwise provides evidence of violations of this article or the boards rules by […]

§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, on a form as the board may prescribe. (b) To assist the board in determining whether grounds exist to deny the issuance of a license to an applicant, the board may require […]

§30-38-13. Disciplinary Proceedings

(a) The board may, upon its own motion, and shall, upon the written complaint of any aggrieved person, cause an investigation to be made with respect to an alleged violation of this article or the rules of the board. (b) The board may revoke, suspend or refuse to renew the license or certificate or otherwise […]

§30-38-15. Penalties

(a) Any person engaging in real estate appraisal activity in this state who is not licensed under this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $1,000 and shall be ineligible to obtain a license for a period of one year from the date […]

§30-38-16. Collection of Appraisal Fees

No person engaged in the business of real estate appraising in this state or acting in the capacity of a real estate appraiser in this state may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal services for which a license is required […]

§30-38-17. Standards of Professional Appraisal Practice

Each real estate appraiser licensed or certified under this act shall comply with generally accepted standards of professional appraisal practice and generally accepted ethical rules to be observed by a real estate appraiser. Generally accepted standards of professional appraisal practice are currently evidenced by the uniform standards of professional appraisal practice promulgated by the appraisal […]

§30-38-18. Attorney General Opinions and Duties

At the request of the board, the state Attorney General shall render to the board an opinion with respect to all questions of law arising in connection with the administration of this article and shall act as attorney for the board in all actions and proceedings brought by or against the board under, or pursuant […]

§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;

§30-38-2. Short Title

This article is known and may be cited as the "Real Estate Appraiser Licensing and Certification Act."

§30-38-3. Definitions

As used in this article, the following terms have the following meanings: (a) “Appraisal” means an analysis, opinion, or conclusion prepared by a real estate appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate or identified real property. An appraisal may be classified by the […]

§30-38-4. Classifications of Licensure and Certification; Authority of Appraisers; Classification and License or Certificate Number Required on All Documents; Corporations

(a) The three classifications of real estate appraisers are state licensed residential real estate appraiser, state certified residential real estate appraiser, and state certified general real estate appraiser. (b) A state licensed residential real estate appraiser is authorized to conduct appraisals of: (1) Complex residential real estate of one to four units having a value […]

§30-38-5. Reciprocal Credentialing

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. […]

§30-38-6. Board Created; Appointments, Qualifications, Terms, Oath, Removal of Members; Quorum; Meetings; Disqualification From Participation; Compensation; Records; Employing Staff

(a) The West Virginia Real Estate Appraiser Licensing and Certification Board, which consists of nine members appointed by the Governor with the advice and consent of the Senate, is continued. (1) Each member shall be a resident of the State of West Virginia, except the appraisal management company representative is not required to be a […]

§30-38-7. General Powers and Duties

The board shall: (a) Define by rule the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this article; (b) Establish examination specifications as prescribed herein and provide for appropriate examinations; (c) Establish registration requirements and procedures for appraisal management companies under the provisions of article thirty-eight-a of […]

§30-38-8. Board Fund; Disposition of Funds

(a) The West Virginia appraiser licensing and certification board fund established in the office of the State Treasurer is continued. (b) The disposition of all funds received by the board shall be governed by the provisions of section ten, article one of this chapter.

§30-38-9. Rulemaking

(a) The board may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to provide for: (1) Licensure and certification requirements, including requirements for applications, examinations, reciprocity, temporary permits, apprentice permits and reinstatement;