Current through Register Vol. XLI, No. 50, December 13, 2024
Section 190-2-8 - Qualifications for Licensure or Certification by Reciprocity8.1. An applicant who is currently licensed or certified as a real estate appraiser in another jurisdiction may apply for a West Virginia appraiser license or certification of the same classification as the out-of-state license or certification: Provided that: 8.1.a. The appraiser licensing program of the other state is in compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, 12 U.S.C. §§ 3331-3351, as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010; and8.1.b. The other state has credentialing requirements that meet or exceed those of West Virginia.8.2. Each applicant for a license or certification by reciprocity shall: 8.2.a. Be at least 18 years of age;8.2.b. Have a good reputation for honesty, truthfulness, and fair dealing, and be competent to transact the business of a real estate appraiser in a manner that safeguards the interest of the public;8.2.c. Not have been convicted 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:8.2.c.1. The nature and seriousness of the crime for which the individual was convicted;8.2.c.2. The passage of time since the commission of the crime;8.2.c.3. The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the profession and8.2.c.4. Any evidence of rehabilitation or treatment undertaken by the individual.8.2.d. 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:8.2.d.1. A period of five years has elapsed from the date of the conviction or the date of release from incarceration, whichever is later;8.2.d.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and8.2.d.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.8.2.e. 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.8.2.f. 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.8.2.g. Be identified on The National Registry of The Appraisal Subcommittee as an active licensed or certified real property appraiser that currently conforms to the AQB criteria;8.2.h. Complete an application approved by the board; and8.2.i. On forms provided by the board, sign a pledge to comply with the standards of professional appraisal practice and the ethical rules that are established by the board. Each applicant shall also certify that he or she understands the types of misconduct as described in W. Va. Code § 30-38-1 et seq. and that disciplinary proceedings may be initiated against him or her for that misconduct.