West Virginia Code 30-40-15 – Licensing based on licensure in another jurisdiction
(a) The commission may recognize a valid license issued by another jurisdiction as satisfactorily qualifying an applicant who is licensed to practice real estate brokerage in another jurisdiction to obtain a comparable license in this state: Provided, That the applicant has qualified for license in another jurisdiction by examination and by complying with all the provisions for obtaining a license in that jurisdiction and the jurisdiction affords the same privilege to licensees of this state.
Terms Used In West Virginia Code 30-40-15
- Applicant: means any person who is making application to the commission for a license. See West Virginia Code 30-40-4
- Commission: means the West Virginia Real Estate Commission as established §. See West Virginia Code 30-40-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a license to act as a broker, associate broker, or salesperson. See West Virginia Code 30-40-4
- Licensee: means a person holding a license. See West Virginia Code 30-40-4
- Real estate: means any interest or estate in land, and anything permanently affixed to land. See West Virginia Code 30-40-4
- 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
(b) In order to obtain a license in this state, an applicant under this section shall:
(1) Submit the application on a form prescribed by the commission and fee, if any;
(2) Pass the West Virginia state law portion of the licensure examination approved by the commission;
(3) Submit a certification of licensure showing that the applicant possesses an active license to practice real estate brokerage in another jurisdiction;
(4) Submit record(s) showing all disciplinary actions imposed against the applicant by any jurisdiction in which the applicant holds or held a license, if any; and
(5) For non-resident applicants, submit an irrevocable written designation that appoints the executive director of the commission to act as the non-resident licensee‘s agent, upon whom all judicial and other process or legal notices directed to the licensee may be served. The designation shall stipulate and agree that service upon the executive director is equivalent to personal service upon the licensee. A copy of the designation of appointment, certified by the seal of the commission, may be admitted into evidence with the same force and affect as the original. The executive director shall mail a copy of any process or legal notice immediately upon receipt, by certified mail, to the last known business address of the licensee. No judgment by default may be taken in any action or proceeding until after 30 days of mailing and then only upon certification by the executive director that a copy of the judicial, other process or legal notice was mailed as required.