Chapter 30, Chapter 30

(a) Subject to the provisions of subsection (c) of this section, the board shall provide notice and hearing to the accused party in advance of the entry of any order. The hearing and the administrative procedures are governed by the provisions of article five, chapter twenty-nine…

(a) An appraisal management company or any person acting for an appraisal management company as a controlling person, owner, director, officer, agent, employee or independent contractor may not: (1) Improperly influence or attempt to improperly influence the development, reportin…

(a) Any person engaging in real estate appraisal activity in this state who is not licensed under this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $1,000 and shall be ineligible to obtain a license for a period of one y…

No person engaged in the business of real estate appraising in this state or acting in the capacity of a real estate appraiser in this state may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal services f…

The board may deny, revoke or refuse to issue or renew the registration of an appraisal management company or may restrict or limit the activities of an appraisal management company or of a person or firm that owns an interest in or participates in the business of an appraisal ma…

(a) The board, on its own motion or upon receipt of a written complaint, may investigate an appraisal management company, a person or firm associated with an appraisal management company, or a person or firm performing appraisal management services. (b) If the board determines af…

Each real estate appraiser licensed or certified under this act shall comply with generally accepted standards of professional appraisal practice and generally accepted ethical rules to be observed by a real estate appraiser. Generally accepted standards of professional appraisal…

At the request of the board, the state Attorney General shall render to the board an opinion with respect to all questions of law arising in connection with the administration of this article and shall act as attorney for the board in all actions and proceedings brought by or aga…

(a) The board may issue a temporary permit to perform one specific assignment relating to the appraisal of real estate or real property in this state to an applicant who: (1) Completes an application; (2) Pays a nonrefundable application fee; (3) Provides an irrevocable consent t…

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Consumer" means a person who is the recipient or anticipated recipient of any real estate service. "Person" means any indiv…

Appraisal management companies and appraisal management services covered under the provisions of this article are subject to the requirements set forth in this article and the rules promulgated hereunder, and the provisions of article one and article thirty-eight of this chapter.

This article is known and may be cited as the "Real Estate Appraiser Licensing and Certification Act."

As used in this article, the following terms have the following meanings: (a) "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 est…

Any unfair real estate service agreement entered after the effective date of this Act is void and unenforceable as a matter of law.

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (a) “Applicant” means a person or firm making an application for registration under the provisions of this article. (b) “Appraisal” means an analysi…

(a) A person or firm performing or offering to perform appraisal management services or acting as an appraisal management company within this state shall be registered with the board. (b) A firm applying for a registration may not be owned, directly or indirectly by: (1) A person…

If a person enters into an unfair real estate service agreement with a consumer that agreement shall per se be deemed a deceptive act under §46A-6-104 of this code.

(a) The three classifications of real estate appraisers are state licensed residential real estate appraiser, state certified residential real estate appraiser, and state certified general real estate appraiser. (b) A state licensed residential real estate appraiser is authorized…

(a) No person shall record or cause to be recorded an unfair real estate service agreement or notice or memorandum thereof in this state. (b) If an unfair real estate service agreement is recorded in this state, it shall not provide actual or constructive notice against an otherw…

This article does not apply to: (a) 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 (b) An appraisal management company that is a subsidiary wholly owned and controlled …

The board shall issue a reciprocal license or certification to an applicant from another state if the applicant holds a valid license or certification from a state whose licensing and certification program: (1) Is in compliance with the provisions of Title XI of the Financial Ins…

(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. (1) Each member shall be a resident of the State of West Virginia, except the appraisal…

If an unfair real estate service agreement or a notice or memorandum thereof is recorded in this state, any party with an interest in the real property that is the subject of that agreement may petition the circuit court, in the county where the recording exists, for a court orde…

(a) The written application shall be submitted on a form prescribed by the board and shall include: (1) The name, the street and mailing address and the contact information, including telephone number and e-mail address, of the person or firm seeking registration; (2) The name, t…

(a) Any consumer with an interest in real property that is the subject of an unfair real estate service agreement, whether or not any lien or other notice is filed against the property in the office of the county clerk, may bring a civil action against the real estate service pro…

The board shall: (a) Define by rule the type of educational experience, appraisal experience and equivalent experience that will meet the statutory requirements of this article; (b) Establish examination specifications as prescribed herein and provide for appropriate examinations…

(a) The certification for registration shall be in writing, on a form prescribed by the board and signed by the applicant or controlling person. The certification shall include statements that the applicant: (1) Has a process in place to verify that any person used as an appraise…

(a) The West Virginia appraiser licensing and certification board fund established in the office of the State Treasurer is continued. (b) The disposition of all funds received by the board shall be governed by the provisions of section ten, article one of this chapter.

(a) Upon application, the applicant, each owner who owns more than 10 percent, and the controlling person of the firm seeking registration shall submit to a state and national criminal history record check, as set forth in this section. (1) This requirement is found not to be aga…

Nothing in this law shall alter or amend any part of §30-40-1 et seq. of this code.

(a) The board may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to provide for: (1) Licensure and certification requirements, including requirements for applications, examinations, reciprocity, tempo…

(a) Each applicant shall post and maintain a surety bond with the board. The aggregate liability of the surety bond may not exceed the principal sum of the surety bond. (b) The surety bond shall: (1) Be established by the board through rules; (2) Not exceed $100,000; (3) Be in th…

This article may be cited as the Uniform Athlete Agents Act.

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agen…

(a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic d…

(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancel…

(a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in t…

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student-athlete before the…

An athlete agent who violates subsection (a), section fourteen of this article is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or confined in a state correctional facility for not less than one nor more than three years, or both so fined a…

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this article. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees. (b) Dama…

The Secretary of State may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this article.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

The provisions of this article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in G…

In this article: (1) "Agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract. (2) "Athlete agent" means an individual who enters…

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provision…

This article takes effect on July 1, 2001.

(a) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state. (b) The Secretary of …

(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under section six or eight of this article. (b) Before being issued a certificate of registration, an indi…

(a) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application must be in the name of an individual and, except as…

(a) Except as otherwise provided in subsection (b) of this section, the Secretary of State shall issue a certificate of registration to an individual who complies with subsection (a), section five of this article or whose application has been accepted under subsection (b), sectio…