title-190•Title 190 W. Va. C.S.R.
Real Estate Appraiser Licensing And Certification Board Real Estate Appraiser Licensing And Certification Board
Series 02 Requirements for Licensure and Certification
W. Va. Code R. § 190-2-1 General
1.1. Scope. -- This rule establishes the requirements for an applicant to become a licensed or certified real estate appraiser in the state of West Virginia.
1.2. Authority. -- W.Va. Code §§ 30-1-6b, 30-38-4; 30-38-5; 30-38-6; 30-38-7; 30-38-9; 30-38-11, 30-1-23.
1.3. Filing Date. – May 20, 2025
1.4. Effective Date. – May 20, 2025
1.5. Sunset Provision – This rule shall terminate and have no further force or effect on August 1, 2030.
W. Va. Code R. § 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; feasibility analysis or study; or, any practicum course approved by the AQB Course Approval Program, or the Board.
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. “PAREA” means a program or practicum course approved by the AQB Course Approval Program, or the Board to meet experience requirements for licensure.
2.19. “Practicum course” means a course that allows students to apply what they have learned in their education courses, in a real environment.
2.20. “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.
2.21. “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.
2.22. “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.
2.23. “Written exam” refers to an examination written on paper or administered through a computer workstation or other electronic device.
W. Va. Code R. § 190-2-3 Exceptions to License Requirement
3.1. In addition to the exceptions of the W. Va. Code §30-38-1(c), this rule does not apply to a person licensed to practice public accountancy as defined in W. Va. Code §30-9-3, including the performance of a business evaluation; Provided, that the exception does not apply to federally related transactions as defined 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.
3.2. In addition to the exceptions of the W.V.A. Code §30-38-1(c), This rule does not apply to a person licensed to practice real estate appraisal services who performs an evaluation as defined in W.Va. Code §30-38-3; Provided, that the licensed appraiser adheres to the Competency, Ethics, and Jurisdictional Exception rules of USPAP.
W. Va. Code R. § 190-2-4 General Qualifications for Licensure or Certification
4.1. 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 at the time of application 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; and
4.1.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; and
4.1.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, and
4.1.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; and
4.4.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; or
4.4.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.
W. Va. Code R. § 190-2-5 Additional Qualifications for Licensed Residential Appraisers
5.1. Education.
5.1.a. An applicant who has completed and passed one hundred fifty (150) classroom hours of courses required under this subsection, of which fifteen (15) hours shall be the National Uniform Standards of Professional Appraisal Practice Course or equivalent, meets the education requirements for licensure. Equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB. Effective January 1, 2025, each applicant shall complete an additional 8 hours of education meeting the content requirements of the Valuation Bias and Fair Housing Laws and Regulations Outline as determined by the AQB. The course shall include seven (7) hours of instruction plus a one (1) hour proctored exam.
5.1.b. The board shall grant credit towards classroom hours or classroom hours of distance education only where the length of the educational course is at least fifteen (15) hours and the applicant completed and passed an examination concerning that course: Provided, that effective January 1, 2015, the applicant shall have passed a final written exam, which for classroom hours of distance education shall be a closed-book written exam proctored by an official approved by the college, university or other sponsoring organization.
5.1.c. An applicant may obtain credit towards classroom hours or classroom hours of distance education from the following entities provided that the courses have been registered with and approved by the board:
5.1.c.1. Accredited colleges or universities;
5.1.c.2. Community or junior colleges;
5.1.c.3. Real estate appraisal or real estate related organizations;
5.1.c.4. Local, state or federal agencies, boards or commissions;
5.1.c.5. Proprietary schools;
5.1.c.6. Adult distributive or marketing educational programs;
5.1.c.7. Upon completion of a degree in Real Estate from an accredited degree-granting college or university approved by the Association to Advance Collegiate Schools of Business, or a regional or national accreditation agency recognized by the U.S. Secretary of Education, provided that the college or university has had its curriculum reviewed and approved by the AQB; or
5.1.c.8. Any other entity which has received prior approval by the board.
5.1.d. The applicant shall complete all qualifying education within the five (5) year period prior to the date of submission of application for an apprentice permit, or prior to submission of an application to an AQB-approved PAREA, or Board-approved practicum program.
5.1.e. The required core curriculum for the licensed residential classification is evidenced by The Real Property Appraiser Qualification Criteria established by The Appraisal Foundation in effect at the time of application. The criteria in effect can be found on The Appraisal Foundation website.
5.1.f. An applicant shall submit to the board a listing of courses, which he or she claims meet the education credit requirement, on a form approved by the board. An applicant shall submit proof of the completion of a course claimed for credit.
5.2. Experience.
5.2.a. An applicant shall have a minimum of one thousand (1,000) hours of appraisal experience. An applicant shall obtain all qualifying experience hours in no fewer than six months. Applicants shall be able to demonstrate to the Board, the ability to develop all three (3) approaches to value as set forth in USPAP Standards Rule 1-4.
5.2.b. As a part of the application for licensure, an applicant shall execute an affidavit attesting to his or her experience in the field of real estate appraisal. This affidavit shall be on forms provided by the board with the application. In addition, an applicant shall provide, on forms provided by the board, a detailed list of the real estate appraisal reports or file memoranda, or a certificate of completion for any approved PAREA or practicum course for each year for which experience is claimed. On request, an applicant shall furnish the board copies of appraisal reports, file memoranda, and/or certificate(s) supporting the experience hours sought by the applicant. The board shall treat all appraisal reports and file memoranda submitted to the board as confidential to the extent permitted by law.
Experience obtained after January 1, 1991, shall comply with the USPAP.
5.2.c. An applicant may submit a demonstration report or select one report from their experience log with an affidavit that the supervisor did not provide significant assistance in the development and reporting of the assignment to demonstrate the applicant’s ability to complete all three approaches to value.
5.3. Examination.
5.3.a. Before the board issues an initial license, an applicant shall complete and pass a national written exam administered by the board or by a testing service acting on behalf of the board. The passing score shall be determined by the board based upon the recommendation of the testing service. The applicant shall complete education and experience requirements before taking the national written exam.
5.3.b. Before the board issues an initial license, an applicant shall complete and pass a written state examination covering the sections of the West Virginia Code that regulate the practice of real estate appraisal: Provided, that, an applicant shall complete and pass a three (3) hour West Virginia law course by an examination approved by the board. The passing score shall be determined by the board.
W. Va. Code R. § 190-2-6 Additional Qualifications for Certified General and Certified Residential Appraisers
6.1. Education.
6.1.a. An applicant who has completed and passed three hundred (300) classroom hours of courses required under this subsection, of which fifteen (15) hours include the National Uniform Standards of Professional Appraisal Practice Course or its equivalent, meets the education requirements for general certification. Equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB. Effective January 1, 2025, each applicant shall complete an additional 8 hours of education meeting the content requirements of the Valuation Bias and Fair Housing Laws and Regulations Outline as determined by the AQB. The course shall include seven (7) hours of instruction plus a one (1) hour proctored exam.
6.1.b. An applicant who has completed and passed two hundred (200) classroom hours of courses required under this subsection, of which fifteen (15) hours include the National Uniform Standards of Professional Appraisal Practice Course or its equivalent, meets the education requirements for residential certification. Equivalency shall be determined through the AQB course approval program or by an alternate method established by the AQB.
6.1.c. The board shall grant credit towards classroom hours or classroom hours of distance education only where the length of the educational course was at least fifteen (15) hours, and an applicant passed an examination concerning the course.
6.1.d. An applicant may obtain credit towards classroom hours or classroom hours of distance education from the following entities, provided that the courses have been registered with and approved by the board:
6.1.d.1. Accredited colleges or universities;
6.1.d.2. Community or junior colleges;
6.1.d.3. Real estate appraisal or real estate related organizations;
6.1.d.4. Local, state or federal agencies, boards or commissions;
6.1.d.5. Proprietary schools;
6.1.d.6. Adult distributive or marketing educational programs;
6.1.d.7. Completion of a degree in Real Estate from an accredited degree-granting college or university approved by the Association to Advance Collegiate Schools of Business, or a regional or national accreditation agency recognized by the U.S. Secretary of Education, provided that the college or university has had its curriculum reviewed and approved by the AQB; or
6.1.d.8. Any other entity which has received prior approval by the board.
6.1.e. There is no time limit for when an applicant must obtain qualifying education credit: Provided, that all qualifying education shall be completed within the five (5) year period prior to the date of submission of an application for an apprentice permit, or prior to the submission of an application to an AQB-approved PAREA program, or Board approved practicum program.
6.1.f. The required core curriculum for the certified general classification is evidenced by The Real Property Appraiser Qualification Criteria established by The Appraisal Foundation in effect at the time of application. The criteria in effect can be found on The Appraisal Foundation website.: .
6.1.g. The required core curriculum for the certified residential classification is evidenced by The Real Property Appraiser Qualification Criteria established by The Appraisal Foundation in effect at the time of application. The criteria in effect can be found on The Appraisal Foundation website.
6.1.h. An applicant shall submit to the board a listing of courses, which he or she claims meet the education credit requirement, on a form approved by the board. An applicant shall submit proof of the completion of a course claimed for credit.
6.1.i. An applicant for the Certified Residential appraiser certification must satisfy at least one of the following options
6.1.i.1. Possession of a Bachelor’s Degree in any field of study;
6.1.i.2. Possession of an Associate’s Degree in a field of study related to:
6.1.i.2.A. Business Administration;
6.1.i.2.B. Accounting;
6.1.i.2.C. Finance;
6.1.i.2.D. Economics; or
6.1.i.2.E. Real Estate.
6.1.i.3. Successful completion of thirty (30) semester hours of college-level courses that cover each of the following specific topic areas and hours:
6.1.i.3.A. English Composition (3 semester hours);
6.1.i.3.B. Microeconomics (3 semester hours);
6.1.i.3.C. Macroeconomics (3 semester hours);
6.1.i.3.D. Finance (3 semester hours);
6.1.i.3.E. Algebra, Geometry or higher mathematics (3 semester hours);
6.1.i.3.F. Statistics (3 semester hours);
6.1.i.3.G. Computer Science (3 semester hours);
6.1.i.3.H. Business or Real Estate Law (3 semester hours); and
6.1.i.3.I. Two elective courses in any of the topics listed in this paragraph or in accounting, geography, agricultural economics, business management or real estate (3 semester hours each).
6.1.i.4. Successful completion of at least thirty (30) hours of College Level Examination Program (CLEP) Examinations from each of the following subject matter areas:
6.1.i.4.A. College Algebra (3 semester hours);
6.1.i.4.B. College Composition (6 semester hours);
6.1.i.4.C. College Composition Modular (3 semester hours);
6.1.i.4.D. College Mathematics (6 semester hours);
6.1.i.4.E. Principles of Macroeconomics (3 semester hours);
6.1.i.4.F. Principles of Microeconomics (3 semester hours);
6.1.i.4.G. Introductory Business Law (3 semester hours); and
6.1.i.4.H. Information systems (3 semester hours).
6.1.i.5. Any combination of paragraphs 6.1.i.3 and 6.1.i.4 of this rule that ensures coverage of all topics and hours identified in 6.1.i.3.
6.1.j. An applicant for the Certified General appraiser certification shall have a bachelor’s degree, or higher, from an accredited college or university
6.1.k. As an alternative to the college education requirements, individuals who have held a Licensed Residential credential for a minimum of five (5) years may qualify for a Certified Residential credential by satisfying the following:
6.1.k.1. Has no finally adjudicated disciplinary action affecting the appraiser’s legal eligibility to engage in appraisal practice within five (5) years immediately preceding the date of application for a Certified Residential credential; and
6.1.k.2. Completion of specific additional education which includes the following:
6.1.k.2.A. Statistics, Modeling and Finance consisting of fifteen (15) hours;
6.1.k.2.B. Advanced Residential Applications and Case Studies consisting of fifteen (15) hours; and
6.1.k.2.C. Appraisal Subject Matter Electives consisting of twenty (20) hours.
6.2. Experience.
6.2.a. An applicant for the state certified residential classification shall have one thousand five hundred (1,500) hours of appraisal experience over a period of not less than 12 months. Applicants shall be able to demonstrate the ability to develop all three (3) approaches to value.
6.2.b. An applicant for the state certified general classification shall have a minimum of three thousand (3,000) hours of appraisal experience over a period of not less than 18 months. At least one-half (1,500) of the hours of the required experience shall be in non-residential assignments. Applicants shall be able to demonstrate the ability to develop all three (3) approaches to value.
6.2.c. As a part of the application for license or certification, an applicant shall execute an affidavit attesting to his or her experience in the field of real estate appraisal. In addition, an applicant shall provide, on forms provided by the board, a detailed list of the real estate appraisal reports or file memoranda for each year for which experience is claimed. Upon request, an applicant shall provide the board a sample of appraisal reports which the applicant has prepared. Experience obtained after January 1, 1991, shall comply with the USPAP.
6.2.d. A licensed or certified residential appraiser may assist a certified general appraiser in the appraisal of non-residential property valued over one hundred thousand dollars ($100,000) in order to accumulate the experience hours required by subdivision 6.2.b of this rule. The licensed or certified residential real estate appraiser shall work under the direct supervision of a state certified general appraiser, view the property on site and participate in the appraisal process in order to sign the report and receive credit for the experience hours.
6.3. Examination.
6.3.a. Before the board issues an initial certification or license, an applicant shall complete and pass a national written exam administered by the board or by a testing service acting on behalf of the board. The passing score shall be determined by the board based upon the recommendation of the testing service. The applicant shall complete education and experience before taking the national written exam.
6.3.b. Before the board issues an initial certification or license, an applicant shall complete and pass a written state examination covering the sections of the West Virginia Code that regulate the practice of real estate appraisal: Provided, that, an applicant shall complete and pass a three (3) hour West Virginia law course by an examination approved by the board. The passing score shall be determined by the board.
W. Va. Code R. § 190-2-7 Procedure for Calculation of Experience by the Board
7.1. As provided in Sections 5 and 6 of this rule, an applicant for residential appraiser licensing or certification shall provide evidence satisfactory to the board that the applicant possesses the required amount of appraisal experience.An applicant for general appraiser certification shall provide evidence satisfactory to the board that the applicant possesses the required amount of appraisal experience. At least one-half of the hours of the required experience shall be in non-residential appraisal assignments.
7.2. For applicants completing the traditional Apprentice/Supervisor method of training, the experience hours entered into the applicant’s log should reflect the actual number of hours worked on the assignment. .
7.3. For applicants completing PAREA or any other practicum programs as an alternate path to gaining the required experience, the program must be Boad and/or AQB-approved and meet all the required elements found in the Real Property Appraiser Qualifications Criteria. Experience hours gathered by an applicant who has completed an AQB-approved PAREA program or other Board-approved practicum program, will meet the required experience for licensure as designated by the AQB in the approval process of the specific program. .
7.4. All appraisals submitted or claimed for experience credit are subject to verification by the board. An applicant may not claim experience hours for appraisals which are not supported by written reports or file memoranda, or a certificate of completion for any AQB-approved PAREA or Board-approved practicum course. On request, an applicant shall furnish the board copies of appraisal reports, file memoranda, and/or certificate(s) supporting the experience hours sought by the applicant. The Board shall review at least one demonstration report prepared by an applicant completing an approved PAREA or practicum program to validate experience gained in the program. The board shall treat all appraisal reports and file memoranda submitted to the board as confidential to the extent permitted by law.
W. Va. Code R. § 190-2-8 Qualifications for Licensure or Certification by Reciprocity
8.1. 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; and
8.1.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 and
8.2.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; and
8.2.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; and
8.2.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.
W. Va. Code R. § 190-2-9 Qualifications for Temporary Permit as a Licensed Residential Real Estate Appraiser, Certified Residential or Certified General Real Estate Appraiser
9.1. 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 that the applicant would otherwise meet the requirements of reciprocal licensure as outlined in §190-2-8. Qualifications for Licensure or Certification by Reciprocity.
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; and
9.2.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; and
9.2.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 of the permit or after a period of six (6) months, whichever occurs first.
W. Va. Code R. § 190-2-10 Licensure, Certification and Other Fees
10.1. All licensure and certification fees for licenses and certifications are non-refundable.
10.2. The fees charged by the board are as follows:
10.2.a. A license application fee of one hundred twenty dollars ($120);
10.2.b. An annual state licensed residential license fee of two hundred ten dollars ($210);
10.2.c. A delinquent license fee of an additional eighty dollars ($80);
10.2.d. A temporary permit fee of two hundred dollars ($200) for a non-residential appraisal and two hundred dollars ($200) for a residential appraisal;
10.2.e. A certification application fee of one hundred twenty dollars ($120);
10.2.f. An annual state certified general license fee of three hundred seventy-five dollars ($375);
10.2.g. An annual state certified residential license fee of two hundred fifty dollars ($250);
10.2.h. A delinquent certification fee of an additional eighty dollars ($80);
10.2.i. After approving a waiver request of an individual on active duty as a member of the Armed Forces of the United States, the National Guard of this state, or any other military reserve component and deployed outside this state, in accordance with W. Va. Code §30-1-6b (b), the board shall waive fees for:
10.2.i.1. Renewals of licenses, registrations, certifications or permits for the individual and his or her accompanying spouse during the individual's qualified deployment; and
10.2.i.2. Licensing, registrations, certifications, or permits for the individual and his or her accompanying spouse for six (6) months following the individual's discharge from active duty.
10.2.j. An annual inactive status fee of one hundred twenty dollars ($120);
10.2.k. An apprentice application permit fee of one hundred twenty dollars ($120);
10.2.l. An annual apprentice permit fee of one hundred fifty dollars ($150);
10.2.m. A Certificate of Good Standing fee of twenty dollars ($20);
10.2.n. Administrative fees for copying or scanning: forty cents ($.40) per page.
10.2.o. An Upgrade application fee of one hundred twenty dollars ($120);
10.2.p. One roster fee of twenty-eight dollars ($28), roster subscription fee of forty dollars ($40);
10.2.q. A duplicate wall certificate fee of forty dollars ($40);
10.2.r. A duplicate pocket card fee of forty dollars ($40);
10.2.s. A continuing education and qualifying education course approval fee of sixty dollars ($60), per course, per educational course provider;
10.2.t. A duplicate renewal application form fee of twenty dollars ($20).
10.3. The board shall collect from each licensed or certified appraiser an annual registry fee established by the Appraisal Subcommittee and shall annually submit the registry fees to the Federal Financial Institutions Examination Council
10.4. The board shall deposit all fees and revenues collected pursuant to this rule in a special fund that the board shall use solely for the purposes of paying the expenses of the administration of W. Va. Code §30-38-1 et seq.
W. Va. Code R. § 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, issuance of a temporary permit, or for those individuals who have chosen to complete an AQB or Board-approved practicum program rather than pursuing the traditional Supervisor/Apprentice method of training.
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. 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. Annual Apprentice Permit Renewal.
11.5.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.
11.5.b. An apprentice whose relationship with their identified supervisor ends for any reason prior to completion of the apprenticeship must notify the Board in writing immediately upon the termination of the relationship. The apprentice may continue to renew the apprentice permit, provided that, all required continuing education requirements for renewal are met; and the apprentice may seek a new supervisor to continue progress on the required experience hours towards licensure.
11.6. Responsibilities of Apprentice.
11.6.a. the apprentice shall work under the direct supervision of a state certified appraiser until such time that the supervisor determines that the apprentice is competent to perform appraisal inspections unaccompanied, at which time, all other aspects of direct supervision, as defined in this rule, shall apply throughout the remainder of the apprenticeship. An apprentice completing a Board or AQB-approved practicum program shall be considered competent to perform appraisal inspections upon successful completion of the practicum program;
11.6.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.
11.6.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: ______ If a supervisor’s client does not permit the report to be signed by the apprentice, the apprentice’s participation/assistance must be disclosed in the report in accordance with USPAP;
11.6.d. The apprentice shall ensure that the experience log is available at all times for Inspection by the board.
11.7. 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:
11.7.a. The supervisor may not supervise more than three (3) apprentices at one time. The supervisor shall at all times prior to the apprentice’s exemption from field supervision, provide direct supervision of the work performed by the apprentice and be responsible for the work of the apprentice being completed in accordance with the USPAP. Upon the apprentice’s exemption from field supervision, all other aspects of direct supervision, as defined in this rule, shall apply throughout the remainder of the apprenticeship. The 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;
11.7.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;
11.7.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.
11.7.d. At such time that the supervisor determines the apprentice to be competent to perform inspections, the supervisor will notify the board in writing, attesting to the apprentice’s competence to perform appraisal inspections. At such time, the board will acknowledge receipt of the supervisor’s attestation, in writing, to both the supervisor and the apprentice. Upon receipt of the board’s acknowledgement, the apprentice shall be considered exempted from field supervision. At such time, all other aspects of direct supervision, as defined in this rule shall apply throughout the remainder of the apprenticeship.
11.8. A supervisor whose relationship with an apprentice ends for any reason prior to completion of the apprenticeship must notify the Board in writing immediately upon the termination of the relationship. A supervisor whose relationship with an apprentice has ended may not prevent the apprentice from gaining access to any work products contained within the jointly maintained experience log; and the supervisor shall not be responsible for any actions of the apprentice after the effective date of the separation;
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. § 190-2-12 Inactive Status
12.1. Only a licensed or certified appraiser who is in good standing and not the subject of a pending complaint or disciplinary action may place his or her license or certification on inactive status.
12.2. An apprentice is not eligible for inactive status.
12.3. A licensed or certified real estate appraiser on inactive status may not engage in the practice of real estate appraisal but may still consider himself or herself as an appraiser.
12.4. A licensed or certified appraiser may remain on inactive status for no more than five (5) years if he or she pays the annual fee for inactive status: Provided, that for an appraiser on inactive status on December 31, 2014, the five (5) year period shall begin on January 1, 2015. The appraiser’s license or certification shall expire at the end of the five (5) year period, and the appraiser may not engage in the practice of real estate appraisal unless the board grants a new license or certification under this rule.
12.5. An appraiser may reactivate a license or certification by paying the fee established by the board for an active license or certificate in his or her classification and verifying to the board that he or she completed, for each licensure year of inactive status, the continuing education required by Legislative Rule 190CSR3, "Renewal of License or Certification". To reactivate an unexpired license or certification, a licensed or certified appraiser shall:
12.5.a. Pay the reactivation fee established by the board for the license or certification;
12.5.b. Submit documentation that the appraiser has completed each new USPAP cycle during inactive status, the current West Virginia Law course and, for each licensure year of inactive status, all other continuing education required by Legislative Rule 190CSR3, “Renewal of License or Certification”; and
12.5.c. 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 appraiser has been charged with, indicted for or convicted of a crime that may bear upon the appraiser’s fitness to hold a license.
12.5.d. An appraiser who is required to place his or her license on inactive status due to being a permanent or temporary employee of the Board is considered to be exempt from §190-2-12, so long as, the individual maintains any and all continuing education requirements that would have been required as outlined in §190-3-4.
W. Va. Code R. § 190-2-13 Licenses and Certifications
13.1. The board shall issue to each licensed or certified real estate appraiser a document stating that the license or certification has been issued pursuant to W. Va. Code §30-38-7(j) and specifying the expiration date. The board shall issue each licensed or certified appraiser a copy of their current active license, upon initial licensure and each subsequent renewal, via an electronic format to be determined by the Board with the name and license or certification number of the respective licensee and expiration date. An appraiser subject to this rule shall place his or her title and license or certification number on all statements of qualifications, contracts or other instruments, including advertising media.
13.2. Initial licenses and certifications expire on September 30 following the date of issue. Subsequent licenses and certifications are renewed for the period of October 1 to September 30 of the following year.
W. Va. Code R. § 190-2-14 Standards of Professional Appraisal Practice
14.1. Each licensed or certified appraiser shall comply with generally accepted standards of professional appraisal practice and generally accepted ethical rules to be observed by a real estate appraiser, at minimum the USPAP, incorporated by reference. The minimum standard for an appraisal report shall be the edition of the USPAP promulgated by The Appraisal Foundation and in effect on the date of the appraisal report. Appraisers may view a copy of the USPAP at the office of the board during regular business hours or may view the standards for real property appraisal on The Appraisal Foundation website. §190-2-15 Application for Waiver of Initial Licensing Fees.
15.1. An applicant seeking a low income or military family waiver of the initial licensing fee shall apply for licensure to the board and provide the required documentation.
15.2. The Board shall provide the application form and instructions on what documentation per 19-2 through 16 of this Rule is necessary to submit with the license application requesting the low-income or military family initial licensing fee waiver.
15.3. An applicant shall submit all required documentation to the board and upon the submission of a complete application, the board shall review the application and issue a decision within 30 days of receipt of the completed application.
15.4. The board may issue a license to an applicant who meets the requirements of West Virginia Code § 30-38-1 et seq., and the rules promulgated by the board, and the board shall waive the initial licensing fee for an applicant who meets the requirement of “low-income individual” or “military families” as defined in West Virginia Code § 30-1-23.
15.5. An applicant denied a waiver of initial licensing fees has 30 days to appeal the decision of the board. §19-2-16 Required Documentation for Waiver of Initial Licensure Fees.
16.1. Individuals requesting a waiver of initial licensure fees for low-income or military service personnel and their spouses shall submit, with the application for licensure, the initial licensure waiver LIW or MFW form and the appropriate documentation as specified in this section.
16.2. To establish low income eligibility for the initial licensing fee waiver, an applicant shall submit to the board, evidence that the adjusted gross income of the household of the applicant is below 130 percent of the federal poverty level by submitting documentation of eligibility for:
16.2.a. The Temporary Assistance for Needy Families Program;
16.2.b. Medicaid;
16.2.c. The Supplemental Nutrition Assistance Program; or
16.2.d. A federal tax return.
16.3. To establish military family eligibility for the initial licensing fee waiver, an applicant shall submit to the board proof of qualifying military service and, if applicable, proof of eligibility as a qualifying spouse or surviving spouse, as follows:
16.3.a. The service member’s DD-214 form;
16.3.b. The service member’s NGB-22 form;
16.3.c. The service member’s DD-1300 form;
16.3.d. A copy of the service member’s current military orders; or
16.3.e. Other official military documentation, determined to be appropriate by the board, demonstrating the service member’s qualifying past or current military service; and
16.3.f. For a service member’s spouse or surviving spouse, a copy of the marriage certificate with the qualifying service member and, when applicable, the death certificate of the qualifying service member if the surviving spouse is applying for the military family waiver.
16.4. Honorably discharged service member applicants shall submit a completed application, and a DD-214 form or an NGB-22 form, or other official military documentation determined to be appropriate by the board, showing the applicant has been honorable discharged from military service.
Series 03 Renewal of Licensure or Certification
W. Va. Code R. § 190-3-1 General
1.1. Scope. -- This legislative rule establishes the procedures and qualifications for the renewal of a Licensed Residential Real Estate Appraiser license, a Certified Residential Real Estate Appraiser certification, a Certified General Real Estate Appraiser certification and an Apprentice Permit by the West Virginia Real Estate Appraiser Licensing and Certification Board.
1.2. Authority. -- W. Va. Code §§30-38-7; 30-38-9; 30-38-11.
1.3. Filing Date. -- , May 2, 2025
1.4. Effective Date. -- , May 2, 2025
1.5. Sunset Provision. --. This rule shall terminate and have no further force or effect on August 1, 2030.
W. Va. Code R. § 190-3-2 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 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. “Classroom hour” means 50 minutes out of each 60 minutes actual classroom instruction in courses approved by the board.
2.4. "Classroom hour of distance education" means the allotted course time approved by the International Distance Education Certification Center (IDECC) delivery certification, the Appraiser Qualifications Board (AQB) and the board.
2.5. “Course” means an educational course, seminar, program or offering approved by the board.
2.6. “Course provider” means any of the following: accredited colleges or universities; community or junior colleges; real estate appraisal or real estate related organizations; local, state or federal agencies, boards or commissions; proprietary schools; adult distributive or marketing education programs; and any other entity which has received prior approval by the board.
2.7. “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 the W. Va. Code §30-38-1 et seq., or an apprentice permit issued under the provisions of the board’s rule, “Requirements for Licensure and Certification”, 190CSR2, subdivision 11.
2.8. “Local, state or federal government agency, board or commission” means an entity established by any local, federal or state government to protect or promote the health, safety and welfare of its domain.
2.9. “Proprietary school” means a privately owned school, under the authority of a local, state or federal government agency, board or commission, offering appraisal related courses.
2.10. “Uniform Standards of Professional Appraisal Practice” means the Uniform Standards of Professional Appraisal Practice (USPAP), published by The Appraisal Foundation.
W. Va. Code R. § 190-3-3 Renewal Term
3.1. Licenses and certifications are renewed for the period from October 1 to September 30 of the following year.
3.2. Renewals received either by US mail or via on-line submission after September 30 are subject to a delinquent fee pursuant to Legislature Rule 190CSR2, “Requirements for Licensure and Certification”.
W. Va. Code R. § 190-3-4 Qualifications for Renewal
Continuing education requirements:
4.1. As a condition of renewal, all licensees shall satisfactorily complete continuing education courses offered by board approved course providers of not less than fourteen (14) classroom hours or classroom hours of distance education during each renewal term: Provided, That with the exception of the 7- hour USPAP update course, a licensee must wait a period of three (3) renewal cycles before receiving credit for completion of a continuing education course offering on the same topic.
4.1.a. As a condition of renewal, a licensee shall complete the seven (7) hour Uniform Standards of Professional Appraisal Practice (USPAP) update course, every two years and within eight (8) months of a newly adopted version of USPAP.. When an update course is made available by an approved education provider prior to the effective date of the newly adopted version of standards, a licensee may take and utilize the course towards renewal of their license in that licensing cycle.
4.1.b. Effective January 1, 2025, appraisers must successfully complete a seven (7) hour course which meets the content requirements of the Valuation Bias and Fair Housing Laws and Regulations Outline by December 31st, 2025. After completion of the initial seven (7) hour course, and as a condition of subsequent license renewals, appraisers must complete a four (4) hour course meeting the same AQB content requirements every two years beginning January 1, 2026.
4.1.c. The board shall award credit for various continuing education courses relating to real estate appraising, including but not limited to, the following topics:
4.1.c.1. Ad valorem taxation;
4.1.c.2. Arbitration, dispute resolution;
4.1.c.3. Business courses related to the practice of real estate appraisal or consulting;
4.1.c.4. Development in cost estimating;
4.1.c.5. Ethics and standards of professional practice, USPAP;
4.1.c.6. Land use planning and zoning;
4.1.c.7. Management, leasing;
4.1.c.8. Property developmental, partial interest;
4.1.c.9. Real estate law, easements, and legal interests;
4.1.c.10. Real estate law and Fair Housing;
4.1.c.11. Real estate litigation, damages, and condemnation;
4.1.c.12. Real estate financing and investment;
4.1.c.13. Real estate appraisal related computer applications;
4.1.c.14. Real estate securities and syndication;
4.1.c.15. Developing opinions of real property value in appraisals that also include personal property and/or business value;
4.1.c.16. Seller concessions and impact on value; and/or
4.1.c.17. Energy efficient items and “green building” appraisals.
4.1.d. A licensee is not required to complete the required amount of classroom hours of continuing education as a condition for initial license or certification renewal if the time between the effective date on the initial license or certification as a licensee and the beginning of the first renewal term is less than one hundred and eighty (180) days.
4.2. A course provider shall issue notice of satisfactory course completion to any licensee whoattendeds the required classroom hours of approved course instruction. The licensee applying for renewal is responsible for documenting all required education with his or her application for renewal. All renewals are subject to random audit by the board.
4.3. The course provider shall fully inform each licensee of the standards and requirements at the commencement of the course. The course provider shall monitor the attendance of licensees and submit the attendance records to the board. The board shall use the attendance records to verify documentation submitted with a licensee’s application for renewal.
4.4. The board may grant credit for up to seven (7) hours of a licensee’s continuing education requirement to a licensee who teaches appraisal courses which the board has approved and for which the board grants credit.
4.5. Licensees on active duty with the Armed Forces of the United States may be placed on active status with the board after returning from qualified deployment outside the State of West Virginia for a period of up to ninety (90) days pending completion of all continuing education requirements.
W. Va. Code R. § 190-3-5 Policies and Procedures of the Board for Approving Continuing Education Courses
5.1. The board shall evaluate and approve courses for the purpose of accepting hours for continuing education of a licensee for the renewal of a license, certification or permit. 5.2. The board may grant credit towards the classroom hour requirement only when the length of the course is a minimum of two (2) hours.
5.3. In order for a course to be approved by the board, the instructor shall present to the board a written plan of the class including, but not limited to, a syllabus of the subject areas covered by the course and attendance requirements.
5.4. The board shall determine whether the subject matter covered by the course is an approved topic listed in the board’s rule, “Requirements for Licensure and Certification”, 190CSR2, subdivision 4.1.b. of this rule, or other appropriate topic relating to the area of real estate appraisal activity.
5.5. The board shall approve or disapprove courses and instructors after a determination that the course provider does or does not meet the standards of the board. The board shall maintain and provide licensees access to a list of approved courses.
5.5.a. Instructors must meet at least one of the following qualifications or be otherwise approved by the Board based on the instructor’s experience in the subject matter of the course:
5.5.a.1. Hold a license or certification in West Virginia or in any other state at the level to be taught and have five (5) years appraisal experience within the past ten (10) years directly related to the subject matter to be taught;
5.5.a.2. Hold a license or certification in West Virginia or in any other state at the level to be taught and have five (5) years of teaching experience within the past ten (10) years in the subject matter to be taught;
5.5.a.3. Have five (5) years of teaching experience within the past ten (10) years in the subject matter to be taught and pass an examination at the level to be taught;
5.5.a.4. Have five (5) years appraisal experience within the past ten (10) years directly related to the subject matter to be taught and pass an examination at the level to be taught;
5.5.a.5. Hold a baccalaureate or higher degree in a field directly related to subject matter to be taught, and pass an examination at the level to be taught; or
5.5.a.6. Be a full-time faculty member at a college or university teaching a credit course in appraising.
5.5.b. To teach a Uniform Standards of Professional Appraisal Practice (USPAP) course, the instructor must have successfully completed the 15-hour national USPAP instructor training course and examination adopted by the Appraisal Qualifications Board of The Appraisal Foundation, or its equivalent, successfully complete the 7-hour national USPAP update course and examination, or its equivalent, every two years in order to maintain his or her USPAP teaching credential, and be a state certified appraiser in good standing.
5.6. The board shall determine whether or not a course meets the equivalency of an approved course based upon the topic of the course as it relates to the area of real estate appraisal and the amount of time which the course uses for instruction. The course provider shall provide to the board the information on the subject matter, the instructor, and length of the program. The board shall make a case-by-case determination of the equivalency value of the program.
5.7. The board shall consider for approval those courses under the auspices of organizations or associations of professional real estate appraisers which are used for the purpose of awarding real estate appraiser designations or indicating compliance with the continuing education requirements of the organizations or associations.
W. Va. Code R. § 190-3-6 Procedures for Renewal
6.1. Prior to the expiration date of the license or certification, the board shall mail via US Postal Service or electronically a renewal application form to the address on file of each licensee. A licensee who does not receive the renewal application form is not relieved of the obligation to renew his or her license or certification if he or she desires to retain his or her license or certification.
W. Va. Code R. § 190-3-7 Board Discretion to Deny Renewal
7.1. The board may deny the renewal of a license or certification on any grounds enumerated in this rule or in the board’s rule, “Requirements for Licensure and Certification”, 190CSR2. The board may deny renewal for the same reasons as it may refuse an initial license or certification. The board may also deny renewal consistent with the provisions of Section 4 of this rule.
7.2. The board shall approve or deny each application for renewal within ninety (90) days of receipt of the application. Any licensee whose application for renewal is denied may demand and shall be afforded a hearing pursuant to W. Va. Code §30-1-8(e).
Series 04 Investigative and Hearing Procedures
W. Va. Code R. § 190-4-1 General
1.1. Scope. -- This procedural rule establishes the investigative and hearing procedures to be followed by the board when there is a complaint filed against an appraiser.
1.2. Authority. -- W. Va. Code §§30-38-13; 30-38-14; 30-38-15.
1.3. Filing Date. -- July 27, 2018.
1.4. Effective Date. -- August 27, 2018.
W. Va. Code R. § 190-4-2 Definitions
2.1. “Appraisal” shall mean an analysis, opinion or conclusion prepared by a real estate appraiser relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate or identified real property.
2.2. “Appraisal Report” shall mean any communication, written or oral, of an appraisal.
2.3. “Appraiser” shall mean any person who holds a State real estate appraiser license or State certification as a real estate appraiser issued to him or her under W. Va. Code §30-38 et seq. or has submitted himself or herself to jurisdiction hereunder to applying for and exercising a temporary permit thereunder.
2.4. “Board” shall mean the Real Estate Appraiser Licensing and Certification Board established under W. Va. Code §30-38 et seq.
2.5. “Uniform Standards of Professional Appraisal Practice” means the Uniform Standards of Professional Appraisal Practice (USPAP), published by the appraisal foundation, which are incorporated by reference and on file with the board and the office of the Secretary of State for use by all appraisers in the preparation of appraisal reports. This incorporation by reference contains no future additions or amendments. A copy of the USPAP may be obtained from the appraisal foundation.
W. Va. Code R. § 190-4-3 Causes for Denial of Licenses or Discipline of Licensees
3.1. The board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend or revoke any license, or otherwise discipline any licensee in accordance with these rules and W. Va. Code §30-38-1, et seq., upon satisfactory proof that a licensee has been convicted of a felony or is engaged in conduct, or committed other acts, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §30-38-1, et seq., or the rules of the board.
W. Va. Code R. § 190-4-4 Standards Committee
4.1. The members of the standards committee shall be appointed by the chairperson of the board. The standards committee shall consist of at least four individuals, but no more than seven individuals. The chairperson of the board shall be the chairperson of the standards committee.
4.2. At least one member of the standards committee shall be an actively licensed certified general real estate appraiser.
4.3. At the request of the board, the standards committee shall review and, if deemed necessary, investigate, or otherwise cause the investigation of, inquiries submitted to the board against licensees.
4.4. The board may contract with any appropriate person(s) or appoint a member of the standards committee to conduct an investigation of a complaint.
W. Va. Code R. § 190-4-5 Disposition of Inquiries
5.1. Except as otherwise specifically provided herein, the enforcement proceedings under this Rule shall be conducted in accordance with the contested case hearing procedures of the West Virginia Administrative Procedures Act as adopted in this State, and the board shall have all the powers granted therein.
5.2. An inquiry or allegation which alleges that the appraiser has violated a rule of professional conduct promulgated by the board shall be lodged with the board. The process may be instituted by any person, including members of the board, on a form prescribed by the board, and filed with the board.
5.3. Upon receipt of an inquiry, the board shall forward such inquiry to the standards committee for its review. The committee shall review and investigate each inquiry or allegation. After review, if the committee determines that the inquiry or allegation has merit, it will recommend that the board file a formal complaint.
5.4. Upon initiation of a complaint by the board, the board shall provide a copy of the complaint to the licensee for his or her response to the allegations contained in the complaint. The accused party shall file an answer within twenty days of the date of service. Failure of the licensee to file a timely response may be considered an admission of the allegations in the complaint: Provided, that nothing contained herein shall prohibit the accused party from obtaining an extension of time to file a response, if the Board, its Executive Director or other authorized representative permits the extension.
5.5. Requests for a response to the allegations contained in a complaint, or requests for additional information will be considered properly served when sent to the licensee’s last known address. It is the responsibility of the licensee or applicant to keep the board informed of his or her current address.
5.6. The board may review and investigate alleged acts or omissions which the board reasonably believes constitute cause for disciplinary action. In order to determine if probable cause exists for a hearing on a complaint, the board, shall cause an investigation to be made into the allegations of the complaint. If the board determines that the complaint does not present facts which constitute a basis for disciplinary action, the board shall take no further action.
5.7. In connection with the investigation of a complaint, both the board and the standards committee are authorized to subpoena witnesses, books, papers, records and any other evidence to help it determine whether a contested case proceeding should be instituted.
5.8. The board or the standards committee may grant the appraiser an opportunity to appear before the board or the standards committee for a voluntary informal discussion of the facts and circumstances of an alleged violation. An informal discussion constitutes a part of the investigation of a pending disciplinary case and the facts discussed at the informal discussion may be considered by the board or the standards committee in the event the matter proceeds to a contested case hearing. The board or the standards committee may seek a consent order at the time of the informal discussion.
5.8.a. Upon completion of the investigation, the board may:
5.8.a.1. Order the matter to be further investigated;
5.8.a.2. Allow the appraiser, who is the subject of the complaint, an opportunity to appear before the standards committee or the board for an informal discussion regarding the circumstances of the alleged violation;
5.8.a.3. Determine there is no probable cause to believe a disciplinary violation has occurred, and close the case; or
5.8.a.4. Determine there is probable cause to believe that a disciplinary violation has occurred and proceed with a contested case hearing or dispose of the matter through a consent agreement or otherwise.
5.9. In the event the standards committee investigates a complaint on behalf of the board, at the conclusion of the committee investigation, the standards committee shall develop and provide to the board a recommendation relating to the disposition of the complaint. In the discretion of the board, and by majority vote, the board may accept or reject the standards committee’s recommendation.
W. Va. Code R. § 190-4-6 Contested Case Hearing and Disposition
6.1. Hearings shall be conducted in accordance with the provisions of W. Va. Code §5-29A and the board’s rules.
6.2. The board shall deliver to the parties a notice of hearing. The notice of hearing shall fix the time and place for hearing and shall contain those notice terms as required by the West Virginia Administrative Procedures Act. The notice shall also contain a statement requiring the appraiser to submit an answer to the complaint within twenty (20) days after receipt of the notice of hearing. A written notice of hearing, together with a statement of charges, shall be personally delivered or mailed to the appraiser by certified mail, return receipt requested, at least thirty (30) days before the hearing date.
6.3. The statement of charges shall set forth the acts or omissions with which the appraiser is charged, including standards of professional practice and professional conduct rule(s), W. Va. Code §30-38 et seq., or any rules of the board alleged to have been violated, and shall be in sufficient detail to enable the preparation of the appraiser’s defense.
6.4. The answer shall contain the following information:
6.4.a. The name, address and telephone number of the appraiser;
6.4.b. Specific statement regarding any or all allegations in the complaint which shall be in the form of admissions or denial, and may also contain explanation, remarks or statement of mitigating circumstances; and
6.4.c. Any additional facts or information the appraiser deems relevant to the investigation and which may be of assistance in the ultimate determination of the case.
6.5. Discovery procedures shall consist of those procedures authorized under the State Administrative Procedures Act found in W. Va. Code §29A-5-1, et seq.
6.6. Hearings shall be held at a time and place determined by the board, but in no event less than thirty days after the notice of hearing is given.
6.7. Any member of the board has the authority to administer oaths and to examine any person under oath.
6.8. If a licensee, upon whom a proper notice of hearing has been served, fails to appear in person at the hearing, the board or presiding officer may proceed to conduct the hearing (or may enter such other order or judgement deemed appropriate) and the licensee shall be bound by the results of such hearing to the same extent as if the licensee were present.
6.9. Before testimony is presented, the record shall show the identity of any board members present, of the presiding officer, and of the primary parties and their representatives, and shall reflect that all testimony is being recorded. The licensee may challenge any member of the board for cause prior to the commencement of the hearing; the members of the board (with the challenged member abstaining) shall decide by the majority vote whether cause exists and whether the challenged member shall participate in the hearing. The board or presiding officer shall set dates, times and rules for hearings and shall rule on all issues. Hearings shall generally be conducted in the following order, subject to modification at the discretion of the board or presiding officer:
6.9.a. The presiding officer may read a summary of the charges and answers thereto, and other responsible pleadings filed by the licensee prior to the hearing.
6.9.b. The assistant attorney general representing the State's interest before the board may make a brief opening statement, which may include a summary of charges and the witnesses and documents to support such.
6.9.c. The licensee shall be offered the opportunity to make an opening statement.
6.9.d. The presentation of evidence on behalf of the State, including a summary at the close of the evidence on behalf of the State.
6.9.e. The presentation of evidence on behalf of the licensee.
6.9.f. Rebuttal evidence on behalf of the State, if any.
6.9.g. Rebuttal evidence on behalf of the licensee, if any.
6.9.h. Closing arguments, if any, by all interested parties on behalf of the board and on behalf of the licensee.
6.10. The board may grant immunity from disciplinary action to a witness, but only upon a majority vote of the board members present. If the hearing is being presided over by an administrative law judge or hearing examiner, the administrative law judge or hearing examiner shall have authority to grant immunity from disciplinary action before the board to a witness. The official record of the hearing shall include the reasons for granting the immunity.
6.11. Admissibility of evidence at the hearing shall be governed by the terms of the West Virginia Administrative Procedure Act. Copies of documents offered as evidence at the hearing shall be provided to opposing parties. Copies must also be furnished to members of the board. Notwithstanding the foregoing, to the extent the licensee believes he or she is being asked to reply to accusations, charges, innuendoes, or facts for the first time in the hearing, the licensee shall be afforded the opportunity to respond to any such evidence to the board either in writing or at a subsequent scheduled meeting of the board; the assistant attorney general assigned to prosecute the case before the board shall, however, be allowed to continue to present evidence during the hearing.
6.12. When a majority of the board presides over the reception of evidence at the hearing, the decision is a final decision.
6.13. Upon the motion of the board or any party assigning error or omission in any part of any transcript, the board or its appointed administrative law judge or hearing examiner shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.
6.14. At the conclusion of any contested case hearing the board shall make Findings of Fact and Conclusions of Law and may:
6.14.a. Dismiss the charges. In the event the charges are dismissed, and before a decision by the board is reported, the file shall be confidential;
6.14.b. Impose one or more sanctions as considered appropriate in the circumstances for the discipline of a licensee. Available sanctions include, but are not limited to, denial of a license or renewal thereof, administrative fine not to exceed one thousand dollars per day per violation, probation, revocation, suspension, reexamination, restitution, require additional education, censure, denial of future license, downgrade of license, reprimand, impose all costs associated with the investigation and prosecution of the licensee upon the licensee, or any other sanction pursuant to W. Va. Code §30-38-1, et seq.
6.15. The board may elect to have an administrative law judge or hearing examiner conduct the hearing.
6.15.a. In such cases where the board elects to utilize an administrative law judge or hearing examiner, the administrative law judge or hearing examiner shall:
6.15.a.1. Be in control of the proceedings as presiding officer;
6.15.a.2. Have the authority to administer oaths;
6.15.a.3. Have the authority to admit or exclude testimony or other evidence; and
6.15.a.4. Have the authority to rule on all motions and objections.
6.15.b. At the conclusion of a hearing, the administrative law judge or hearing examiner shall prepare a proposed order which shall contain findings of fact and conclusions of law. The board may request that the administrative law judge or hearing examiner additionally prepare and submit proposed disciplinary action, if any and where warranted, to be taken against the licensee in the proposed order. The board may accept, reject or modify the proposed decision of the administrative law judge or hearing examiner.
6.16. Contested case hearings shall be recorded either by mechanical or electrical means or by certified shorthand reporters. Contested case hearings or any part thereof shall be transcribed at the request of any party, with the expense of the transcription to be charged to the requesting party.
W. Va. Code R. § 190-4-7 Subpoena Powers
7.1. Board subpoenas for books, papers, records, and other evidence will be issued to a party upon request. Subpoenas for witnesses may also be obtained. The executive director of the board, or other representative designated by the board, shall issue all subpoenas for both parties upon reasonable cause shown. The request must specify the documents sought to be obtained and the full names and addresses of the witnesses whose testimony is sought.
7.2. In the event of a refusal to obey a subpoena, either party or the board may petition the circuit court for its enforcement. If a proper showing is made, the circuit court shall order the person to obey the subpoena; if the person fails to obey the order of the court, the person may be found guilty of contempt of court.
W. Va. Code R. § 190-4-8 Final Decision
8.1. The final decision of the board shall be filed with the executive director. A copy of the decision and order shall immediately be sent by certified mail, return receipt requested, to the appraiser’s last known post office address or may be served in the manner of original notices upon the appraiser.
W. Va. Code R. § 190-4-9 Judicial Review
9.1. Judicial review of the board’s decision may be sought in accordance with the terms of the West Virginia Administrative Procedure Act.
W. Va. Code R. § 190-4-10 Application for Reinstatement
10.1. Any person whose license or certification has been revoked or suspended by the board may apply to the board for reinstatement in accordance with the terms of the order of revocation or suspension. If the order of revocation or suspension does not establish terms upon which reinstatement might occur, an initial application for reinstatement may not be made until one (1) year has elapsed from the date the order becomes effective, and successive applications shall be made no more often than once every two (2) years. Prior to reinstatement of license or certification, any person requesting reinstatement of license or certification shall complete all continuing educational hours, and provide proof to the board thereof, as if the person had maintained active licensure or certification without interruption in license status.
W. Va. Code R. § 190-4-11 Public Records and Publication of Decisions
11.1. The board shall maintain and keep open for public inspection during office hours a complete and properly indexed record of all applications for license or certification received, licenses and certificates issued, licenses and certificates renewed, and licenses and certificates revoked, canceled or suspended under the provisions of this act. A copy of any such record shall be made available to the public, upon application to the board, at such reasonable price per copy as may be fixed by the board.
11.2. Final decisions of the board relating to disciplinary actions, including consent agreements and consent orders, may be transmitted to the appropriate professional association(s), other states, and news media.
Series 05 Requirements for Registration and Renewal of Appraisal Management Companies
W. Va. Code R. § 190-5-1 General
1.1. Scope. -- This legislative rule establishes the requirements for an appraisal management company to be registered and to perform appraisal management services in the state of West Virginia. It further establishes procedures and requirements for registration renewals and regulation of Appraisal Management Companies. 1.2 Authority. -- W. Va. Code §§ 30-38-7, 30-38-9, 30-38-1, 30-38A-1 et seq. 1.3 Filing Date. -- May 2, 2025
1.4. Effective Date. – May 2, 2025
1.5. Sunset Provision. -- This rule shall terminate and have no further effect on August 1, 2030.
W. Va. Code R. § 190-5-2 Definitions
As used in this rule, the words or terms have the same meaning as the definitions provided in W.Va. Code § 30-38A-1.
2.1. Broker price opinion” or “BPO” means an estimate prepared by a real estate broker, agent or sales person that details the probable selling price of particular piece of real estate property and provides a varying level of detail about the property’s condition, market and neighborhood, and information on comparable sales, but does not include an Automated Value Models (AVM), as defined by section 1126(b) of FIRREA ((12 U.S.C.A. § 3355 (b)).
2.2. “Completed appraisal” means delivery of the signed appraisal report that is in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) to the appraisal management company.
2.3. “National Registry” means a database, maintained by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, containing selected information about the Nation’s State certified and licensed real estate appraisers.
2.4. “Truth in Lending Act” or “TILA” means the Truth in Lending Act of 1968 (15 U.S.C. 1631 et seq.) and any amendments thereto. It is an act to safeguard the consumer in connection with the utilization of credit by requiring full disclosure of the terms and conditions of finance charges in credit transactions or in offers to extend credit; by restricting the garnishment of wages; and by creating the National Commission of Consumer Finance to study and make recommendations on the need for further regulation of the consumer finance industry; and for other purposes.
W. Va. Code R. § 190-5-3 Registration Requirements
3.1. Every person or firm who desires to be registered as an appraisal management company in this State shall comply with the provisions of W. Va. Code § 30-38A-1 et seq. and submit a written application on a form prescribed by the board setting forth the following:
3.1.a. The legal name of the applicant, the name under which the applicant will do business in West Virginia, and the physical and mailing address, telephone number, website, facsimile, and email address of the appraisal management company;
3.1.b. The name, the physical and mailing address and the contact information, including telephone number and e-mail address, of the controlling person of the appraisal management company seeking registration;
3.1.c. The name, the physical and mailing address and the contact information, including telephone number and e-mail address, of an individual that will be the initial point of contact or register agent for all communications with the board, if it is not the controlling person; 3.1.d If the applicant is a domestic firm, the designation of an agent for service of process; or if the applicant is a foreign firm, documentation that the foreign firm is authorized to do business in this State and that an agent for service of process has been designated. The applicant shall submit a copy of the filing with the Secretary of State's Office appointing an agent service of process;
3.1.e. A certificate of authority issued by the Secretary of State;
3.1.f. Every appraisal management company shall file with the board a copy of the annual Report required to be filed with the Secretary of State under W. Va. Code § 59-1-2a on or before the 30th day of June on an annual basis; and
3.1.g. The fees required pursuant to W. Va. Code § 30-38A-10 and this rule shall accompany each application for registration. The board shall reject and return to the applicant any application which is incomplete or not accompanied by the required fees.
3.2. Every person or firm seeking to be registered as an appraisal management company in this State shall certify on a form prescribed by the board the following:
3.2.a. That the appraisal management company has written policies and procedures demonstrating compliance with W. Va. Code § 30-38A-7 et seq., and such policies and procedures shall be provided to the board upon request;
3.2.b. That the appraisal management company will have a system in place to require appraisals are conducted independently and without inappropriate influence and coercion as required by the appraisal independence standards established under section 129E of the Truth in Lending Act and the rules and regulations issued pursuant to the Appraisal Act;
3.2.c. That the appraisal management company requires the appraisers completing Appraisals at the company’s request to comply with the Uniform Standards of Professional Appraisal Practice (USPAP);
3.2.d. That the appraisal management company will not compensate employee, a real estate broker or real estate agent to perform a BPO or comparative market analysis pursuant to W.Va. Code 30-38-1;
3.2.e. That the appraisal management company will maintain records required per WV Code § 30-38A-13 for a minimum period of five years, or at least two years after final disposition of any judicial proceeding related to the assignment, whichever period expires last;
3.2.f. That the appraisal management company will provide proof of valid sufficient surety bond as required by W. Va. Code § 30-38A-9; and
3.2.g. That individuals required by W.Va. Code §30-38A-8 will submit to Required state and national criminal history record checks.
W. Va. Code R. § 190-5-4 Exemptions to Registration Requirement
This rule does not apply to a financial institution, including a department or unit within an institution that is regulated by an agency of this state or the United States government; or an appraisal management company that is a subsidiary wholly owned and controlled by a financial institution regulated by a federal financial institution regulatory agency.
W. Va. Code R. § 190-5-5 Surety Bond Requirements
5.1. All appraisal management companies shall maintain surety bonds that conform to W. Va. Code § 30-38A-9 to secure the faithful performance of their obligations.
5.2. All appraisal management companies shall be in conformance with all relevant West Virginia statutory requirements.
5.3. The applicant or appraisal management company shall post with the board at the time of application a $50,000 surety bond. The board may in its discretion accept an appropriate deposit of cash or security in lieu of a surety bond.
5.4. Following any claims reducing the face amount of the bond, cash or securities shall be restored to $50,000 within ten (10) business days of being drawn down.
5.5. The board shall be notified immediately by the controlling person, if the surety bond is cancelled or terminated.
5.6. The appraisal management company shall notify the board in writing of any claims made on the bond, cash, or securities.
5.7. An appraisal management company shall notify the Board in writing when the appraisal management company has made a decision to cease operations in the state and provide the Board with an effective date for which they will no longer be operating. Upon receiving such notification from the appraisal management company, the Board shall send acknowledgement of receipt of the notification in writing with a reminder of the appraisal management company’s responsibility in subsection 5.8 of this rule to maintain the required surety bond.
5.8. The surety bond shall remain in place for no less than one year after the expiration date of the appraisal management company license, or 12 months after the appraisal management company has ceased operations in the state, whichever occurs last.
5.9. Claims against a surety bond.
5.9.a. The surety accrues to the state for the benefit of a claimant against the appraisal management company.
5.9.b. The board may bring suit on behalf of the party having a claim against the appraisal management company.
5.9.c. The Board shall give consumer claims priority in recovering from the surety bond; and
5.9.d. Claimants may make claims under the bond up to one year after the expiration date of the appraisal management company license, or one year after the appraisal management company has ceased operations in the state.
W. Va. Code R. § 190-5-6 Renewal and Reinstatement
6.1. Renewals.
6.1.a. Registrations are renewed for the period from July 1 to June 30 of the following year.
6.1.b. The board shall send a renewal notice to the controlling person identified by the appraisal management company by May 1 of each year.
6.1.c. Failure to receive a renewal notice from the board does not relieve the appraisal management company of the responsibility to timely apply for renewal.
6.1.d. A holder of an appraisal management company registration desiring the renewal of such registration shall apply in writing upon the form provided by the board and shall forward the renewal fee. Forms are available upon request to the board.
6.1.e. Any company who acts or holds itself out as a registered appraisal management company while its appraisal management company registration is delinquent or expired is subject to disciplinary action and penalties as prescribed in W. Va. Code § 30-38A-16 and this rule.
6.1.f. Fees for renewals or reinstatement are not refundable.
6.2. Delinquent Registrations.
6.2.a. Registrations not renewed in a timely manner are delinquent. Registration renewals are due 30 days prior to June 30 of the renewal licensing year. Renewals received after May 31 are subject to a delinquent license fee pursuant to W.Va. Code §30-38A-4 and Subdivision 6.2.b. of this rule. The Board may make a determination related to the reason a renewal registration has become delinquent. When a license has become delinquent and the Board determines the delinquency was due to circumstances that were beyond the applicant’s reasonable control, the Board may grant an extension of the term of the license, not to exceed three months.
6.2.b. Delinquent renewal fees are two hundred fifty dollars ($250) per month for each delinquent month.
6.2.c. Delinquent registrations may be reinstated within three months after expiration upon proper application and payment to the board of the renewal fee of two thousand dollars ($2,000) and the appropriate delinquent fees.
6.3. Expired Registrations and Reinstatement of an Expired Registration.
6.3.a. A registration that has been delinquent for more than three months shall be considered expired and a new application for registration is required.
6.3.b. Reinstatement of an expired registration is not retroactive.
W. Va. Code R. § 190-5-7 Schedule of Fees
7.1. All fees for registration and application are non-refundable.
7.2. The fees charged by the board are as follows:
7.2.a. Application fee of five hundred dollars ($500);
7.2.b. Registration fee of two thousand dollars ($2,000);
7.2.c. Registration renewal fee of two thousand dollars ($2,000);
7.2.d. Delinquent renewal fee of two hundred fifty dollars ($250) per month for each delinquent month;
7.2.e. Change of address or business name fee of one hundred dollars ($100);
7.2.f. Change of contact person fee of one hundred dollars ($100);
7.2.g. Change of controlling person fee of one hundred dollars ($100);
7.2.h. Change of 50% ownership application fee of two hundred dollars ($200);
7.2.i. Certificate of good standing fee of twenty-five dollars ($25);
7.2.j. Administrative fee for copying and scanning of fifty cents ($.50) per page; and
7.2.k. A duplicate wall registration certificate fee of twenty-five dollars ($25).
7.3. The board shall collect from each appraisal management company an annual registry fee established by the Appraisal Subcommittee and shall annually submit the registry fees to the Federal Financial Institutions Examination Council.
7.4. Payment of application fees shall be made by certified check, bank check or money order payable to the board.
7.5. The board shall deposit all fees and revenues collected pursuant to this rule in a special fund that the board shall use solely for the purposes of administration and enforcement of its duties pursuant to W.Va. Code §§ 30-1-10 and 30-38A-1 et seq.
7.6. In the event that the board asks an applicant to provide further information necessary to complete the application and the applicant fails to submit such information within 90 days following the board's request, the board shall cancel the applicant's application and the application fee shall be retained by the board.
W. Va. Code R. § 190-5-8 Responsibilities and Duties of Appraisal Management Companies
An appraisal management company registered under the provisions of this article shall:
8.1. Have a system in place to verify that any appraiser being added to its appraiser panel to appraise properties in West Virginia is licensed or certified by this state and in good standing. The appraisal management company shall verify the status of the appraiser by
8.1.a. Contacting the West Virginia Real Estate Appraiser Licensing and Certification Board; or
8.1.b. Using the National Registry of the Appraisal Subcommittee.
8.2. Have a system in place to review the work of utilized appraisers who perform appraisal services for the appraisal management company in this state to validate that the services were conducted in conformity with the USPAP.
8.2.a. An appraisal management company is not required to review all appraisals performed by each appraiser, but may choose a representative sample of each appraiser’s reports.
8.2.b. An appraisal management company shall review each appraiser’s work at least once a year and shall keep records of such reviews for a period of five (5) years from the date they are done.
8.3. Any employee or independent contractor appraiser of an appraisal management company that performs an appraisal review shall:
8.3.a. Be licensed in this state or any other state;
8.3.b. At a minimum hold the same certification level for the property type as the appraiser who performed the appraisal; 8.3.c.Verify the work of the appraisers performing appraisals for the appraisal management company is being conducted in accordance with the minimum USPAP standards; and
8.3.d. Inform the board, when there is reasonable belief, that an appraiser is in violation of the laws, rules, or uniform standards regarding appraisers, including but not limited to grounds for disciplinary action as prescribed in W. Va. Code § 30-38-12.
8.4. Designate a controlling person, who is responsible for compliance with W. Va. Code § 30-38A-13 and the provisions of this rule, and notify the board, in writing within ten (10) business days of any change in its controlling person;
8.5. Maintain a registered agent for service of process and provide the board with the same information for the agent that is provided to the Secretary of State; and notify the board, in writing, within ten (10) business days, of change of a registered agent;
8.6. Disclose to its client the actual fees paid to an appraiser for appraisal services, separate from any other fees or charges for appraisal management services, and make the information available to the board upon request; and
8.7. Inform the board in writing within ten (10) business days of the effective date of any change to:
8.7.a. The business name;
8.7.b. The physical and mailing address, company name, telephone number, website, facsimile, or email address;
8.7.c. The owner who is an employee of or consultant for the appraisal management company and contact information for that person.
W. Va. Code R. § 190-5-9 Retention of Records
An appraisal management company registered under the provisions of W. Va. Code § 30- 38A-1 et seq., and this rule shall retain the following records:
9.1. A detailed record of each service request that it receives for appraisals of real property located in this state, which shall include, but is not limited to, the following:
9.1.a. A letter of engagement with the appraiser;
9.1.b. An appraisal report received from the appraiser, including the original report, any revised reports, and any addenda or other material furnished subsequent to the delivery of the original report;
9.1.c. Any and all assignment related correspondence sent to and received from the appraiser;
9.1.d. A letter of engagement with any independent review appraiser for the purpose of reviewing the requested appraisal if an appraisal review assignment is commissioned by the appraisal management company;
9.1.e. Review of the requested appraisal, including the original review report, any and all correspondence sent to and received from the reviewing appraiser, and each subsequent revised review report;
9.1.f. Requests received from the client, all documentation supplied to that client, and any and all correspondence sent to and received from the client; and
9.1.g. Fees paid to utilized appraisers and the fees received from the client.
9.2. Copies of all appraiser fee schedules maintained and used by the appraisal management company including:
9.2.a. Beginning and ending effective dates of the schedules;
9.2.b. Fees paid for a defined service;
9.2.c. Documentation to support that the fee schedule is customary and reasonable and complies with TILA; and
9.2.d. Copies of rosters of appraiser fee panels used for assignments, including the name of the appraiser, each appraiser’s West Virginia credential number, the date the appraiser was placed on the panel and the date and reason the appraiser was removed from the panel.
9.3. Records must be retained for a minimum of five years. However, if, within the five-year period, an appraisal or report is involved in an investigation, litigation, or state or federal review, the records must be retained for two years after the date of the final disposition of that investigation, litigation, or state or federal review whichever is later. Records may be retained as a photocopy or electronic copy type of media.
9.4. The board may inspect the records of appraisal management companies at any time without prior notice, provided that such inspection is conducted within the normal business hours of the AMC.
W. Va. Code R. § 190-5-10 Payment of Fees to Appraisers
10.1. Except in cases of breach of contract or substandard performance, appraisal management companies shall pay an independent appraiser for the completion of an appraisal within forty-five (45) days after the appraiser provides the completed appraisal to the appraisal management company unless otherwise agreed to by the parties.
10.1.a. A subsequent request by the appraisal management company to the Appraiser for additional support of valuation or correction of factual and objective data shall not extend the payment date beyond the 45 days from initial delivery of assigned appraisal.
10.2. If an appraisal management company decides that it will not pay a fee to an appraiser for an appraisal, the appraisal management company shall notify the appraiser in writing of the reason for non-payment within thirty (30) days after the appraiser transmits the appraisal to the appraisal management company. The notice shall state the address of the subject property of the appraisal, the name of the appraisers signing the report, and the reason why the fee shall not be paid.
10.3. In cases where the appraisal management company does not pay the appraiser for an appraisal, the appraisal shall not be used by the appraisal management company for any purpose.
W. Va. Code R. § 190-5-11 Temporary Authority to Conduct Business
11.1. An appraisal management company that is not exempt from W.Va. Code §30-38A, which began offering appraisal management services in this state before July 1, 2014, and has continued to offer appraisal management services in this state since then without interruption, may continue to offer appraisal management services after July 1, 2014, without first being registered if:
11.1.a. An application has been filed with the Board;
11.1.b. The appropriate fees have been paid;
11.1.c. The individual who signed the application in the capacity of the controlling person continues to act as controlling person until the application is approved, considered withdrawn, provisionally denied, or denied by final order;
11.1.d. The application has not been:
11.1.d.1. Considered withdrawn;
11.1.d.2. Provisionally denied;
11.1.d.3. Denied by final order; or
11.1.d.4. Approved.
11.2. An appraisal management company that is not exempt from, W.Va. Code §30-38A, which has not started offering appraisal management services in this state by July 1, 2014, may not offer appraisal management services in this state until registered.
11.3. Authority to conduct business temporarily without registration under this section terminates on the date that an application has been:
11.3.a. Considered withdrawn;
11.3.b. Provisionally denied;
11.3.c. Denied by final order; or
11.3.d. Approved.
11.4. For purposes of this section, an appraisal management company has continued to offer appraisal management services in this state without interruption if it has made at least one appraisal assignment in each calendar month for real property in this state and has maintained records required under §30-38A for each appraisal assignment made.
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