Current through Register Vol. XLI, No. 50, December 13, 2024
Section 190-2-4 - General Qualifications for Licensure or Certification4.1. Every person who applies to be classified as a licensed or certified appraiser shall: 4.1.a. Have a good reputation for honesty, truthfulness, and fair dealing, and be competent to transact the business of a licensed or certified appraiser in a manner that safeguards the interests of the public;4.1.b. Except as provided in subsection 2-11 of this rule, meet the current education and experience requirements and submit an application to the Board or its agent prior to the time the applicant is approved to sit for the licensing or certification examination. An applicant shall complete an application for license or certification within twelve months after the board's receipt of the application and fee;4.1.c. Be in good standing as a real estate appraiser in every jurisdiction where he or she is licensed or certified. An applicant's occupational or professional license or certification shall not be suspended, revoked or surrendered in connection with a disciplinary action, or an applicant may not be the subject of disciplinary action in any jurisdiction prior to applying for licensure or certification in West Virginia;4.1.d. At the time of initial licensure, not have been found guilty or pled guilty, regardless of adjudication, in any jurisdiction, of a crime that bears a rational nexus to the occupation requiring licensure. Any plea of nolo contendere is considered a conviction for purposes of this subdivision. The record of a conviction authenticated in a form that is admissible in evidence under the laws of the jurisdiction where convicted is admissible as prima facie evidence of the conviction. In determining whether a criminal conviction bears a rational nexus to a profession or occupation, the board shall consider at a minimum: 4.1.d.1. The nature and seriousness of the crime for which the individual was convicted;4.1.d.2. The passage of time since the commission of the crime;4.1.d.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and4.1.d.4. Any evidence of rehabilitation or treatment undertaken by the individual.4.1.e. Notwithstanding any other provision of this rule to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the board shall permit the applicant to apply for initial licensure if: 4.1.e.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;4.1.e.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and4.1.e.3. The conviction was not for an offense of a violent or sexual nature; Provided that a conviction of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure to be determined by the board.4.1.f. An individual with a criminal record who has not previously applied for licensure may petition the board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individual's criminal record to enable the board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. The board shall provide the determination within sixty days of receiving the petition from the applicant. The board may charge a fee to recoup its costs for each petition.4.1.g. The requirements of this section do not apply to the criteria that the board may consider when making determinations regarding relicensure or discipline of licensees, and4.1.h. Be at least 18 years of age.4.2. At the time of filing an application for original or renewal of a license or certification, each applicant shall sign a pledge to comply with the standards of professional appraisal practice and the ethical rules established by the board. Each applicant shall certify that he or she understands the types of misconduct described in W. Va. Code §§ 30-38-1 et seq. and acknowledges that the board may initiate disciplinary proceedings against him or her for such misconduct.4.3. Any applicant who applies to be classified as a licensed or certified appraiser shall comply with all requirements in effect at that time.4.4. The applicant shall submit to a state and national criminal history record check 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. 4.4.a. 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.4.4.b. The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including: 4.4.b.1. Submitting fingerprints for the purposes set forth in this subsection; and4.4.b.2. Authorizing the board, 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.4.4.c. The results of the state and national criminal history record check may not be released to or by a private entity except: 4.4.c.1. To the individual who is the subject of the criminal history record check;4.4.c.2. With the written authorization of the individual who is the subject of the criminal history record check; or4.4.c.3. Pursuant to a court order.4.4.d. The criminal history record check and related records are not public records for the purposes of chapter twenty-nine-b of this code.4.4.e. The applicant shall pay the actual costs of the fingerprinting and criminal history record check.4.4.f. If the applicant for licensure actively holds an appraiser apprentice permit, licensed residential appraiser license, or certified residential appraiser license, issued by the board, and has previously completed a criminal background check conducted by the board, the results of the prior criminal background check shall satisfy the board's current criminal background investigation requirement.