Current through Register Vol. XLI, No. 50, December 13, 2024
Section 174-1-7 - Licensing based on licensure in another jurisdiction7.1.The commission may recognize a valid license issued by another jurisdiction as satisfactorily qualifying an applicant who is licensed to practice real estate brokerage in another jurisdiction to obtain a comparable license in this state: Provided, That the applicant has qualified for license in another jurisdiction by examination and by complying with all the provisions for obtaining a license in that jurisdiction and the jurisdiction affords the same privilege to licensees of this state.7.2. In order to obtain a license based on licensure in another jurisdiction, the applicant shall:7.2.a. Submit the application on a form prescribed by the commission and fee, if any;7.2.b. Pass the West Virginia state law portion of the licensure examination approved by the commission;7.2.c. Submit a certification of licensure showing that the applicant possesses an active license to practice real estate brokerage in another jurisdiction;7.2.d. Submit record(s) showing all disciplinary actions imposed against the applicant by any jurisdiction in which the applicant holds or held a license, if any; and7.2.e. For non-resident applicants, submit an irrevocable written designation that appoints the executive director of the commission to act as the non-resident licensee's agent, upon whom all judicial and other process or legal notices directed to the licensee may be served. The designation shall stipulate and agree that service upon the executive director is equivalent to personal service upon the licensee. A copy of the designation of appointment, certified by the seal of the commission, may be admitted into evidence with the same force and affect as the original. The executive director shall mail a copy of any process or legal notice immediately upon receipt, by certified mail, to the last known business address of the licensee. No judgment by default may be taken in any action or proceeding until after 30 days of mailing and then only upon certification by the executive director that a copy of the judicial, other process or legal notice was mailed as required.7.3. The license status for every state in which the non-resident applicant was licensed or is currently licensed shall be evidenced by a certification of licensure obtained from the regulatory body of each state of licensure within 60 days prior to submitting an application for a license in West Virginia.7.4. Applicants seeking a salesperson or broker license based on licensure in another jurisdiction, at a minimum the certification of licensure from each state shall show: 7.4.a. Name and address of the licensee;7.4.b. Status of license (current, active, inactive, renewed, expired, etc.);7.4.c. Type of license (salesperson, broker, associate broker);7.4.d. Date of initial license and expiration date;7.4.e. Period of time the license has been active and inactive;7.4.f. The way the license was obtained (by examination or by reciprocity);7.4.g. Type of examination(s) -- national and state or only state; 7.4.h. Record of any disciplinary actions against the licensee; and7.4.i. Any additional information the Commission may require.7.5. Applicants may apply only for the same level of license as the one they obtained by examination in their state of initial licensure.7.6. West Virginia-specific examination.7.6.a. Applicants are required to pass the state-specific portion of the licensing examinations for salesperson or broker.7.6.b. An examination fee shall be paid for each scheduled examination unless the applicant reschedules in accordance with the policies of the examiner provider.7.6.c. Applicants who fail the state-specific examination may retake it by following the procedures set forth in Section 4.3 of this rule.7.7. Applicants under this section must submit a complete application and pay the required license fee within three (3) months of passing the exam(s).