Chapter 30, Chapter 30

(a) The Secretary of State may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection (b), section six of this article. (b) The Secretary of State may deny, suspend, revoke or refuse to renew a certificate o…

The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1) Fifty dollars for an initial application for registration; (2) Fifty dollars for an application for registration based upon a certificate of registration or licens…

The Legislature hereby finds and declares that the practice of real estate brokerage is a privilege and any person engaged in the professional practice of real estate brokerage should possess the requisite experience and training and be subject to adequate regulation and control.…

(a) Members of the commission shall be immune from individual civil liability for actions taken in good faith and without malice, within the scope of their duties as commission members. (b) Any person who reports or otherwise provides evidence of violations of this article, the c…

The commission shall only issue an original license to an applicant if he or she: (a) Submits an application, in writing, on a form prescribed by the commission which shall contain, but is not limited to: (1) The applicant’s Social Security number; (2) A clear record indicating a…

(a) An applicant for a broker's license shall: (1) Submit evidence satisfactory to the commission of either: (i) Real estate experience as a licensed real estate salesperson during the two years prior to the date of application showing the applicant's representation of a buyer or…

(a) An applicant for a salesperson’s license shall: (1) Submit satisfactory evidence of having completed the required education course as provided in §30-40-14 of this code; and (2) Successfully pass the examination or examinations provided by the commission. (b) No salesperson’s…

(a) Applicants for a broker’s license shall provide evidence satisfactory to the commission that he or she has completed at least 180 clock-hours, equivalent to 12 college semester credit hours, in a course or courses approved by the commission: Provided, That an applicant for a …

(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 quali…

(a) Every licensee shall complete seven hours of continuing professional education for each fiscal year, with each hour equaling 50 minutes of instruction. For brokers and associate brokers, three of the required seven hours shall be from the broker-level education curriculum app…

(a) Every person holding a broker’s license under the provisions of this article shall: (1) Have and maintain a definite place of business within this state, which shall be a room or rooms used for the transaction of real estate business and any allied business. The definite plac…

(a) Every person licensed as a broker under the provisions of this article who does not immediately deliver all funds received, in relation to a real estate transaction, to his or her principal or to a neutral escrow depository shall maintain and reconcile one or more trust fund …

(a) The commission may refuse a license for reasonable cause or revoke, suspend, or impose any other sanction against a licensee if the licensee: (1) Obtains, renews, or attempts to obtain or renew a license, for himself, herself, or another, through the submission of any applica…

This article shall be known and may be cited as the "West Virginia Real Estate License Act".

(a) Upon the initiation of a complaint by the commission or the filing of a complaint by another person, the commission may ascertain the facts and if warranted hold a hearing for the suspension or revocation of a license, or the imposition of sanctions against a licensee: Provid…

(a) Hearings shall be conducted in accordance with the provisions of §29A-5-1 et seq. of this code and the commission’s rules. (b) Hearings shall be held at a time and place determined by the commission, but in no event less than 30 days after the notice of hearing is given. (c) …

(a) In addition to the sanctions imposed by the commission pursuant to this article, any person violating a provision of this article or the commission’s rules is guilty of a misdemeanor. Any person convicted of a first violation shall be fined not less than $1,000 nor more than …

One act by any person in consideration of receiving compensation, or with the expectation or intention of receiving such compensation, or upon the promise of receiving compensation for any act or service contained in this article shall constitute and consider the person a broker,…

(a) Whenever the commission or other interested person believes that any person has engaged, is engaging or is about to engage in any act that constitutes a violation of this article, the commission or other interested person may make application to any court of competent jurisdi…

No person may bring or maintain any action in any court of this state for the recovery of compensation for the performance of any act or service for which a broker’s license is required, without alleging and proving that he or she was the holder of a valid broker’s license at all…

Every broker, associate broker, and salesperson owes certain inherent duties to the consumer which are required by virtue of the commission granting a license under this article. The duties include, but are not limited to: (a) At the time of securing any contract whereby the brok…

It is unlawful for any person to engage in directly or indirectly, or to advertise or hold himself or herself out as engaging in or carrying on the business or act in the capacity of a real estate broker, associate broker, or salesperson within this state without first obtaining …

Unless the context used clearly requires a different meaning, as used in this article: "Applicant" means any person who is making application to the commission for a license. "Associate broker" means any person who qualifies for a broker’s license, but who is employed or engaged …

(a) The practice of real estate brokerage includes acting in the capacity of a broker, associate broker, or salesperson as defined in §30-40-4 of this code. (b) The practice of real estate brokerage does not include the activities normally performed by an appraiser, mortgage comp…

(a) The West Virginia Real Estate Commission is hereby continued. The members of the commission in office on the date this section takes effect shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and q…

The commission has all the powers set forth in article one of this chapter and in addition: (a) May sue and be sued in its official name as an agency of this state; (b) Shall employ an executive director and shall fix his or her compensation subject to the general laws of this st…

(a) The commission may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code which are necessary for the conduct of its business, the holding of hearings and for the general implementation, enforcement and ad…

(a) All fees and other moneys, except administrative fines, received by the commission shall be deposited into the treasury of the state, daily, into a special revenue fund known as the "real estate license fund" which is continued. (b) Except as may be provided in §30-40-10 of t…

This act shall be known and may be cited as the Physical Therapy Licensure Compact Act.

The West Virginia Board of Physical Therapy, on behalf of the State of West Virginia, is hereby authorized to execute a compact in substantially the following form with any one or more of the states of the United States, and the Legislature hereby signifies in advance its approva…

This article shall be effective immediately upon passage.

This article shall be known and may be cited as the “West Virginia Contractor Licensing Act”.

(a) Any person making application to the building inspector or other authority of any incorporated municipality or other political subdivision in this state charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or structu…

(a) Ninety days after the Contractor Licensing Board certifies and makes available to the general public the standard form informational list of basic universal design features pursuant to this section, a licensed contractor of any proposed residential housing in the state shall …

Any architect or engineer preparing any plan and specification for contracting work to be performed in this state shall include in the plan, specification, and invitation to bid a reference to this article informing any prospective bidder that the person’s contractor’s license nu…

(a) A license which is not renewed on or before the renewal date shall lapse. The board may establish by rule on a delayed renewal fee to be paid for issuance of any license which has lapsed: Provided, That no license which has lapsed for a period of 90 days or more may be renewe…

(a)(1) Upon a determination that a person is engaged in contracting business in the state without a valid license, the board shall issue a cease and desist order requiring the person to immediately cease all operations in the state. The order shall be withdrawn upon issuance of a…

(a) The board may impose the following disciplinary actions: (1) Permanently revoke a license; (2) Suspend a license for a specified period; (3) Censure or reprimand a licensee; (4) Impose limitations or conditions on the professional practice of a licensee; (5) Impose requiremen…

The board may propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code that are necessary to carry out the provisions of this article. The board may disseminate educational or any other material designed to improve performance standards of any contr…

(a) The board shall keep a record of all actions taken and account for moneys received. All moneys shall be deposited in a special account in the State Treasury to be known as the “West Virginia Contractor Licensing Board Fund”. Expenditures from this fund shall be for the purpos…

To the extent that other states which provide for the licensing of contractors provide for similar action, the board may grant licenses of the same or equivalent classification to contractors licensed by other states, without written examination upon satisfactory proof furnished …

(a) The board may enter into work-sharing agreements with state vocational and technical training schools to provide classroom training to students who desire to obtain a West Virginia contractor license. The purpose of the training is limited to instruction applicable to the con…

It is hereby declared to be the policy of the State of West Virginia that all persons desiring to perform contracting work in this state be duly licensed to ensure capable and skilled craftsmanship utilized in construction projects in this state, both public and private; fair bid…

After the effective date of this article no municipality, local government, or county may require any additional occupational license or other evidence of competence as a contractor from any person, firm, or corporation who or which holds a valid and current license issued pursua…

(a) “Basic universal design” means the design of products and environments to be useable by all people, to the greatest extent possible, without the need for adaptation or specialization. (b) “Board” means the West Virginia Contractor Licensing Board. (c) “Cease and desist order”…

(a) The West Virginia Contractor Licensing Board is continued. The board shall consist of 10 members appointed by the Governor by and with the advice and consent of the Senate for terms of four years. The members shall serve until their successors are appointed and have been qual…

(a) The board shall propose rules for legislative approval in accordance with §29A-3-1 et seq., of this code relating to the following: (1) The minimum qualifications for applicants for examination and license in each of the following specified classes of contractor: (A) Electric…

(a) No person may engage in this state in any activity as a contractor or submit a bid to perform work as a contractor, as defined in this article, unless that person holds a license issued under the provisions of this article. No firm, partnership, corporation, association, or o…

(a) A person desiring to be licensed as a contractor under this article shall submit to the board a written application requesting licensure, providing the applicant’s Social Security number and such other information as the board may require on forms supplied by the board. The a…