W. Va. Code R. § 190-2-11

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

Section 190-2-11 - Qualifications for Apprentices, Apprentice Supervisors, Apprentice Permits

11.1 This section establishes an appraiser apprentice permit program for persons who desire to acquire the appraisal experience required by this rule in order to be licensed or certified.

11.2. Participation in the apprentice program is a prerequisite to licensure or certification except in cases of reciprocity or issuance of a temporary permit.

11.3. Application for apprentice permit; requirements and qualifications. An applicant for an apprentice permit shall submit: a completed application form; the permit fee; and, the name and address of his or her proposed supervisor. An applicant shall:

11.3.a. Be at least eighteen (18) years of age;

11.3.b. Have a good reputation for honesty and truthfulness as required by subdivisions 4.1.a and 4.1.d. of this rule;

11.3.c. Have a high school diploma or its equivalent;

11.3.d. Have completed and passed seventy-five (75) hours in subjects related to real Estate appraisal in accordance with subsection 5.1. of this rule within the five (5) year period prior to the date of submission of application for an apprentice permit; and

11.3.e. Cause his or her supervisor to submit a copy of an appraisal completed by the Supervisor to the upgrades committee of the board for review, which he or she performed within three (3) months preceding the submission of the apprentice application. Such appraisal must be a residential appraisal that at minimum includes the cost and sales comparison approach to value. The upgrades committee shall review the appraisal of the supervisor to determine compliance with USPAP and W. Va. Code § 30-38-1, et seq. Based upon the supervisor's compliance with USPAP and W. Va. Code § 30-38-1, et seq., as reflected from a review of the appraisal submitted by the supervisor, or failure of compliance thereof, the upgrades committee shall recommend and submit to the Board for final determination, whether to approve the supervisor to act in the capacity of supervisor to the apprentice. If the Board disapproves a supervisor from acting in the capacity of supervisor to an apprentice, the board shall deny the apprentice application.

11.3.f. Submit to, and pay for the actual costs of, a state and national criminal history record check as set forth in subsection 4.5 of this rule, for the purpose of determining whether the applicant has been charged with, indicted for, or convicted of a crime that may have bearing upon the applicant's fitness to hold a license.

11.4. The apprentice shall complete a board-approved supervisor-apprentice orientation course that, at a minimum, complies with the specifications for course content established by the Appraisal Qualifications Board prior to obtaining the apprentice permit.

11.5. The applicant shall complete and pass a three (3) hour West Virginia law course, with exam, prior to obtaining the apprentice permit.

11.6. Annual Apprentice Permit Renewal.

11.6.a. An apprentice may renew his or her annual permit upon submission to the board of a renewal application, the annual permit fee, and proof of fourteen (14) hours continuing education as defined in "Renewal of Licensure for Certification", 190 CSR 3.

11.6.b. An apprentice shall, as a condition of renewal, complete a three (3) hour West Virginia law course, with exam, every four (4) years.

11.7. Responsibilities of Apprentice.

11.7.a. The apprentice shall work under the direct supervision of a state certified appraiser.

11.7.b. The apprentice and supervisor shall jointly maintain an experience log on a form designed by the Board. Experience hours shall be calculated in accordance with Section 7 of this rule. Separate experience logs shall be maintained for each supervisor.

11.7.c. An apprentice shall view the property and participate in the appraisal process in order to sign the report and to receive credit for the hours spent. The report shall be signed by the apprentice as follows:

Assisted by: _______

Apprentice Number: ______

11.7.d. The apprentice shall ensure that the experience log is available at all times for Inspection by the board;

11.7.e. When performing appraisal assignments, the apprentice shall carry the permit issued by the board on his or her person;

11.8. Qualifications of Supervisor.

A supervisor shall be a state certified appraiser, active and in good standing for at least three (3) years, shall not have been the subject of any disciplinary action affecting the appraiser's legal eligibility to engage in the practice of real estate appraisal for the previous three (3) years, shall not be the subject of any complaint or pending disciplinary action, and has the following duties:

11.8.a. The supervisor may not supervise more than three (3) apprentices at one time. The supervisor shall at all times provide direct supervision of the work performed by the apprentice in accordance with the USPAP, and, when offered by the board, attend the apprentice orientation program within sixty (60) days immediately following the issuance of the apprentice permit and supervisor approval, required by subsection 11.4. of this rule: Provided, that a supervisor shall, before supervising an apprentice, complete a board-approved supervisor-apprentice orientation course that at minimum complies with the specifications for course content established by the AQB;

11.8.b. The supervisor and apprentice shall jointly maintain an experience log on a form designed by the Board. Individual experience logs for each supervisor shall be maintained and shall indicate his or her certification number. Experience hours shall be calculated in accordance with section 7 of this rule. The supervisor and apprentice shall, at least once a month, date and sign each page of the experience log required to be kept by the apprentice, and each shall indicate his or her certification or permit number;

11.8.c. The supervisor shall make available to the apprentice, a copy of any appraisal report that the apprentice signed that is requested for review by the board; and the board may periodically ask supervisors to submit the apprentice's experience logs for review. Upon receipt, the Board may randomly select a work product for review to evaluate the supervisor's and apprentice's progress. Failure to meet Supervisor Certification standards will result in all certificates being withdrawn or revoked.

11.8.d. After the apprentice completes and passes the examinations required by subsection 5.3 of this rule and has obtained five hundred (500) hours of experience, the supervisor and the apprentice may jointly apply to the board for an exemption that would allow the supervisor to sign the appraisal report without viewing the property, provided the apprentice is competent to perform the inspection. In any application for exemption, the supervisor and the apprentice shall obtain from the board and complete an application for exemption from supervisory accompaniment, pay the appropriate fee as set forth in subsection 10.2 of this rule, and attach an experience log that reflects the apprentice's completion of at least five hundred (500) hours of experience. The experience log shall be in chronological order, complete and signed as required by subdivision 11.8.b of this rule.

11.9. An apprentice may take the licensing examinations required by this rule only after completing required education and experience components.

11.10. This section is not intended to prohibit a person who does not have an apprentice permit from assisting or helping a licensed or certified appraiser as long as that person does not sign the report; Provided, that the licensed or certified appraiser who uses such an assistant or helper shall conform with all duties required by this rule.

W. Va. Code R. § 190-2-11