West Virginia Code 30-38-6 – Board created; appointments, qualifications, terms, oath, removal of members; quorum; meetings; disqualification from participation; compensation; records; employing staff
(a) The West Virginia Real Estate Appraiser Licensing and Certification Board, which consists of nine members appointed by the Governor with the advice and consent of the Senate, is continued.
Terms Used In West Virginia Code 30-38-6
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Appraisal: A determination of property value.
- Appraisal: means 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. See West Virginia Code 30-38-3
- Board: means the real estate appraiser licensing and certification board established by the provisions of this article. See West Virginia Code 30-38-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Quorum: The number of legislators that must be present to do business.
- Real estate: means an identified parcel or tract of land, including improvements, if any. See West Virginia Code 30-38-3
- Real estate appraiser: means a person who engages in real estate appraisal activity for a fee or other valuable consideration. See West Virginia Code 30-38-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Each member shall be a resident of the State of West Virginia, except the appraisal management company representative is not required to be a resident of West Virginia.
(2) Four members shall be certified real estate appraisers having at least five years’ experience in appraisal as a principal line of work immediately preceding their appointment, and shall remain certified real estate appraisers throughout their terms.
(3) Two members shall have at least five years’ experience in real estate lending as employees of financial institutions.
(4) Two members may not be engaged in the practice of real estate appraisal, real estate brokerage or sales, or have any financial interest in these practices.
(5) One member shall be a representative from an appraisal management company registered under the provisions of § 30-38A-1 et seq. of this code.
(6) No member of the board may concurrently be a member of the West Virginia Real Estate Commission.
(7) Not more than three appraiser members may be appointed from a congressional district.
(b) Members will be appointed for three-year terms, which are staggered in accordance with the initial appointments under prior enactment of this act.
(1) No member may serve for more than three consecutive terms.
(2) Before entering upon the performance of his or her duties, each member shall subscribe to the oath required by section five, article IV of the constitution of this state.
(3) The Governor shall, within 60 days following the occurrence of a vacancy on the board, fill the vacancy by appointing a person who meets the requirements of this section for the unexpired term.
(4) Any member may be removed by the Governor in case of incompetency, neglect of duty, gross immorality, or malfeasance in office.
(c) The board shall elect a chairman.
(d) A majority of the members of the board constitutes a quorum.
(e) The board shall meet at least once in each calendar quarter on a date fixed by the board.
(1) The board may, upon its own motion, or shall upon the written request of three members of the board, call additional meetings of the board upon at least 24 hours’ notice.
(2) No member may participate in a proceeding before the board to which a corporation, partnership, or unincorporated association is a party, and of which he or she is or was at any time in the preceding 12 months a director, officer, owner, partner, employee, member, or stockholder.
(3) A member may disqualify himself or herself from participation in a proceeding for any other cause the member considers sufficient.
(f) The appointed members will receive compensation and expense reimbursement in accordance with the provisions of § 30-1-11 of this code.
(g) The board may employ staff as necessary to perform the functions of the board, to be paid out of the board fund created by the provisions of this article. Persons employed by any real estate agent, broker, appraiser, or lender, or by any partnership, corporation, association, or group engaged in any real estate business, may not be employed by the board. The board may hire a licensed or certified appraiser whose license status is inactive or who is not employed by any of the prohibited employers listed.