Current through Register Vol. XLI, No. 50, December 13, 2024
Section 190-2-9 - Qualifications for Temporary Permit as a Licensed Residential Real Estate Appraiser, Certified Residential or Certified General Real Estate Appraiser9.1. An individual who is currently licensed or certified as a real estate appraiser in another jurisdiction may apply for a temporary permit as provided in_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. Each applicant shall file with the board an irrevocable consent, duly acknowledged, to service of process upon a person located within this State designated to accept service, or upon the Secretary of State, if a plaintiff in a civil action arising from the applicant's activities as a real estate appraiser in this State is unable, through the exercise of due diligence, to effect personal service upon the temporary permit holder.9.2. The board shall recognize the appraiser's certification or license issued by another state as equivalent to a West Virginia license or certification provided that: 9.2.a. The applicant's business is of a temporary nature, and is limited to one specific assignment;9.2.b. The board considers the education, experience and general examination requirements completed in the jurisdiction of original licensure or certification to be substantially equivalent to those required for the appropriate level of licensure or certification in West Virginia;9.2.c. The applicant signs, as part of the application, an affidavit certifying that The appraiser will read and comply with West Virginia law and the board's rules;9.2.d. The applicant is in good standing as a licensed or certified real estate appraiser in every jurisdiction where he or she is licensed or certified, the license or certification has not been suspended, revoked, or surrendered in connection with a disciplinary action, and the applicant is not and has not been the subject of disciplinary action in any jurisdiction;9.2.e. The applicant has a good reputation for honesty, truthfulness, and fair dealing, and is competent to transact business of a real estate appraiser in a manner that safeguards the interest of the public;9.2.f. The applicant has not 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:9.2.f.1. The nature and seriousness of the crime for which the individual was convicted;9.2.f.2. The passage of time since the commission of the crime;9.2.f.3. The relationship of the crime to the ability, capacity and fitness required to perform the duties and discharge the responsibilities of the profession; and9.2.f.4. Any evidence of rehabilitation or treatment undertaken by the individual.9.2.g. 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:9.2.g.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration whichever is later;9.2.g.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and9.2.g.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.9.2.h. 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.9.2.i. The applicant is at least 18 years of age.9.3. The temporary permit issued under the provisions of this section is expressly limited to the authority of the permit holder to perform the specific contract of appraising which is the basis for the temporary permit.9.4. Each temporary permit expires upon the completion of the appraisal work which is the basis the permit or after a period of six (6) months, whichever occurs first.