W. Va. Code R. § 174-1-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 174-1-4 - Licensure; Examination Required; Application and Licensure Fees

4.1. Application. -- To apply for a real estate license, an applicant shall utilize forms prescribed by the Commission and comply with the following:

4.1.1. The commission shall only issue an original license to an applicant if he or she:

4.1.1.a. Submits an application in writing, on a form prescribed by the commission which shall contain, but is not limited to:

4.1.1.a.1. The applicant's Social Security number;

4.1.1.a.2 A clear record indicating all jurisdictions where the applicant holds or has held any professional license;

4.1.1.a.3. A clear record indicating if the applicant has been convicted of any criminal offense or if there is any criminal charge pending against the applicant, or a member or officer of the brokerage business, at the time of application;

4.1.1.b Is at least 18 years of age;

4.1.1.c Is a high school graduate or the holder of an equivalency diploma;

4.1.1.d. Is trustworthy, of good moral character, and competent to transact the business of a broker, associate broker, or salesperson;

4.1.1.e. Has paid the appropriate fee, if any, which shall accompany all applications for original license or renewal;

4.1.1.f. Has submitted to a state and national criminal history record check, as set forth in this subsection: Provided, That an applicant for a license who is an attorney at law may submit a letter of good standing from the West Virginia State Bar in lieu of submitting to a state and national criminal history record check;

4.1.1.f.1. This requirement is found not to be against public policy.

4.1.1.f.2. The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.

4.1.1.f.3. The applicant shall meet all requirements necessary to complete the state and national criminal history record check, including:

4.1.1.f.3.A. Submitting fingerprints for the purposes set forth in this subsection; and

4.1.1.f.3.B. Authorizing the commission, the West Virginia State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.

4.1.1.f.4. The results of the state and national criminal history record check may not be released to or by a private entity except:

4.1.1.f.4.A. To the individual who is the subject of the criminal history record check;

4.1.1.f.4.B. With the written authorization of the individual who is the subject of the criminal history record check; or

4.1.1.f.4.C. Pursuant to a court order.

4.1.1.f.5. The criminal history record check and related records are not public records for the purposes of chapter 29B of this code.

4.1.1.f.6. The applicant shall pay the actual costs of the fingerprinting and criminal history record check.

4.1.1.f.7. Before implementing the provisions of this subsection, the commission shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code. The rules shall set forth the requirements and procedures for the criminal history record check and must be consistent with standards established by the Federal Bureau of Investigation and the National Crime Prevention and Privacy Compact as authorized by 42 U. S. C. A. §14611, et seq.

4.2. Third-party provider. -- The Commission may contract with an independent testing service provider to develop and/or administer any required examination(s), in which case the examination fee shall be paid directly to the provider.

4.3. Valid duration of approval; re-application. -- An approval for taking the examination shall only be valid for three (3) months from the date of approval and for no more than two (2) attempts at passing the examination. Upon the expiration of three (3) months or the examinee's second unsuccessful attempt at passing the examination, whichever comes first, the examinee will be required to submit a new application which shall be valid for three (3) months and for two (2) more examinations.

4.4. Examination Rules. -- The following rules apply to all examinations, and violation of any rule is grounds for disqualification of the applicant from taking the test and may be grounds for further disqualification:

4.4.a. Examinees may not refer to any notes, books or memoranda.

4.4.b. The examinee must show all computations on paper provided at the examination site.

4.4.c. The copying of questions or the making of notes is prohibited.

4.4.d. All examinees must present identification which contains a current recognizable photograph and their signature. Any examinee who does not present the required identification will be prohibited from taking the examination.

4.4.e. All examinees must pay the required examination fee at the time of registering for the examination.

4.5. Reexamination. -- An examinee who fails to attain a passing grade on the examination will receive a notice of failure and a score report containing diagnostic scoring information. Reexamination is available in accordance with this section.

4.6. Review of examination. -- An examinee who fails the examination(s) after two (2) attempts may request a review to verify that everything was properly handled, by making written request to the testing service provider.

4.7. Payment of license fee. -- An applicant for a real estate license, upon successfully passing the required examination(s) must pay the required license fee and submit all completed supporting documents within three (3) months from the date of passing the exam(s). The Commission will cancel the application of any applicant who does not pay the required license fee within three (3) months. Any applicant that fails to comply with this rule, will be required to reapply and successfully pass the examination(s). The Commission may grant a one-time extension up to three (3) months to pay the license fee if good cause to do so is demonstrated by the applicant. Each request for an extension will be considered on a case by case basis and shall be granted if extenuating facts or circumstances warrant.

4.8. Multiple concurrent licenses. -- Licensees who choose to be affiliated with more than one brokerage must have a license and license certificate for each brokerage. These additional licenses have no additional requirements other than the payment of the appropriate license fee.

W. Va. Code R. § 174-1-4