Current through Register Vol. XLI, No. 50, December 13, 2024
Section 174-1-5 - Background Checks5.1. Applicants for a broker, associate broker or salesperson license shall furnish fingerprints to the State Police, or its assigned agent, for the purpose of performing a national criminal history records checks by the Criminal Identification Bureau of the West Virginia State Police and the Federal Bureau of Investigation.5.1.a. The fingerprints shall be accompanied by a signed authorization for the release of information to the West Virginia Real Estate Commission by the Criminal Investigation Bureau and the Federal Bureau of Investigation.5.1.b. The applicant shall furnish any additional information required to complete the criminal history records checks.5.2. The Applicant shall pay the associated fees for the fingerprinting and criminal history records check.5.3. The criminal history records required by this section shall have been requested no more than three (3) months prior to the application for license being filed with the Commission. The records expire three (3) months after the date the application is received by the Commission.5.4. Applicants are solely responsible for reconciling with any reporting agency a challenge to the accuracy or completeness of information provided by the West Virginia State Police, the Federal Bureau of Investigation or other agencies reporting information to the Commission. The applicant is solely responsible for providing the Commission with proof of any error and correction thereof by any reporting agency.5.5. If the applicant provides adequate proof of any error and correction thereof by any reporting agency, the Commission shall reconsider the application of that applicant.5.6. An applicant whose background check reveals a criminal history must provide additional information, which history and information will be reviewed by the Commission. Such applicants must be approved by the Commission in order to be eligible for the examination.5.7. The Commission may deny licensure to an applicant who fails or refuses to submit to the criminal history records check.5.8. The Commission shall maintain confidential records and reports pertaining to criminal record checks in a separate file which is only accessible to personnel authorized by the State Police to receive such records and reports.5.9. Records received as part of the criminal history record check shall be maintained by the Commission for a period of two (2) years subsequent to the Commission's final action on the application and then disposed of by shredding.