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Introduced Version House Bill 4336 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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