W. Va. Code R. § 190-2-2

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 190-2-2 - Definitions
2.1. "Accredited colleges, universities and junior and community colleges" means those institutions of higher learning under the Higher Education Policy Commission or listed in the Transfer of Credit Practices of Designated Educational Institutions, published by the American Association of Collegiate Registrars and Admissions Officers.
2.2. "Adult distributive or marketing education programs" means those programs offered at schools approved by the Higher Education Policy Commission or any other local, state or federal government agency, board or commission to teach adult education or marketing courses.
2.3. "Appraisal Foundation" means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois.
2.4. "Appraiser Qualifications Board" or "AQB" means the board created by the Appraisal Foundation to establish minimum criteria for the licensure and certification of qualified appraisers by defining, issuing, and promoting qualification criteria; to disseminate the qualification criteria to states, governmental entities and others; and to develop or assist in the development of examinations for qualified appraisers.
2.5. "Board" means the West Virginia Real Estate Appraiser Licensing and Certification Board.
2.6. "Classroom hour" means 50 minutes out of each 60 minutes of actual classroom instruction in courses approved by the board.
2.7. "Classroom hour of distance education" means the allotted course time approved by the International Distance Education Certification Center (IDECC) delivery certification, the AQB and the board.
2.8. "Direct supervision" means that a supervisor shall accompany and view the exterior and interior of all properties with the supervised apprentice or appraiser; review each appraisal report; assign work to the apprentice or appraiser only if the apprentice or appraiser is competent to perform the work; accept full responsibility for the report; and approve and sign the report as being independently and impartially prepared in compliance with the USPAP and applicable statutory requirements.
2.9. "Experience" as used in this rule includes but is not limited to experience gained in the performance of traditional appraisal assignments, or in the performance of the following: fee and staff appraisals; ad valorem tax appraisal; condemnation appraisal; technical review appraisal; appraisal analysis; real estate consulting; highest and best use analysis; and, feasibility analysis or study.
2.10. "Licensee" means a person who holds a current valid license as a state licensed residential real estate appraiser, a certification as a state certified residential real estate appraiser or a certification as a state certified general real estate appraiser issued under the provisions of W. Va. Code §§30-38 et seq.
2.11. "Local, state or federal government agency, board or commission" means any entity established by any local, federal or state government to protect or promote the health, safety and welfare for the citizens of its domain.
2.12. "LIW" means the Low-Income Waiver form used to request a waiver of the initial licensing fee for low-income individuals, as authorized in W. VA. Code § 30-1-23.
2.13. "Low-Income individual" means an individual in the local labor market, as defined in W. Va. Code § 21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program, Medicaid, or the Supplemental Nutrition Assistance Program.
2.14. "Military families" means any person who served as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U.S.C. § 101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.
2.15. "MFW" means the Military Family Waiver form used to request a waiver of the initial licensing fee for military service members and their spouses, as described in West Virginia Code § 30-1-23.
2.16. "National Registry of the Appraisal Subcommittee" means the database of State Licensed, State Certified Residential and State Certified General Appraisers who are eligible to perform appraisals in connection with federally related transactions which is maintained by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (the Appraisal Subcommittee).
2.17. "Non-residential property" means any real property other than residential real property.
2.18. "Proprietary school" means a privately-owned school, under the authority of a local, state or federal government agency, board or commission, offering appraisal or appraisal related courses.
2.19. "Residential property" means one to four single family residential units and lots where the highest and best use is for one to four single family residential units.
2.20. "Uniform Standards of Professional Appraisal Practice" or "USPAP" means the Uniform Standards of Professional Appraisal Practice published by The Appraisal Foundation, as such standards may be amended from time to time.
2.21. "Written exam" refers to an examination written on paper or administered through a computer workstation or other electronic device.

W. Va. Code R. § 190-2-2