wv-wv-18489: 190-03 — Renewal of Licensure or Certification

6/10/2026 2:19:52 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Real Estate Appraiser Licensing And Certification TITLE-SERIES: 190-03 Board RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: Renewal of Licensure or Certification CITE STATUTORY AUTHORITY: 30-38 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/10/2026 4:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: WV Real Estate Appraiser Licensing and Certification Board ADDRESS: 405 Capitol St., Suite 906 Charleston, WV 25301 EMAIL: jeffrey.b.burrell@wv.gov PLEASE INDICATE IF THIS FILING INCLUDES: RELEVANT FEDERAL STATUTES OR REGULATIONS: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) Yes INCORPORATED BY REFERENCE: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This rule sets forth the requirements for license renewal for real property appraisers. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: The proposed rule incorporates by reference the Real Property Appraiser Qualifying Criteria established by The Appraiser Qualifications Board of The Appraisal Foundation and removes redundant language from the rule already contained in the Criteria; Clarifies that the USPAP update course is exempt from the rule regarding education on the same topic; Clarifies licensees must complete the USPAP update course every two years and within 8 months of a new version of USPAP or a new update course being released by The Appraisal Foundation; clarifies that when an update course is made available prior to the effective date of a new version, or prior to the year for which the update course is titled, a licensee may take the course and apply it towards their next renewal. SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: The rule has no economic impact on revenues of state government. B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: The rule has no impact on special revenue accounts. C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: There is no economic impact of the rule on the state or its residents. D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost Personal Services Current Expenses Repairs and Alterations Assets Other 2. Estimated Total Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): The proposed rule has no fiscal impact. BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Jeffrey B BurrellBy my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 190CSR3 TITLE 190 LEGISLATIVE RULE WEST VIRGINIA REAL ESTATE APPRAISER LICENSING & CERTIFICATION BOARD SERIES 3 RENEWAL OF LICENSURE OR CERTIFICATION §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 CertificationBoard. 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. §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 marketingcourses. 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 theboard. 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 theboard. 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 1 190CSR3 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 relatedcourses. 2.10. “Uniform Standards of Professional Appraisal Practice” means the Uniform Standards of Professional Appraisal Practice (USPAP), published by The AppraisalFoundation. §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”. §190-3-4. Qualifications for Renewal. Continuing education requirements: 4.1. As a condition of renewal, all licensees shall satisfactorily complete continuing education as prescribed within the Real Property Appraiser Qualification Criteria as promulgated by the Appraiser Qualification Board (AQB) of The Appraisal Foundation.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 sametopic. 4.1.a. The qualification criteria in effect is that which became effective on January 1, 2026. Upon adoption of a new version by the AQB, the Board will submit such new version of criteria for legislative approval in accordance with the Adminsitrative Procedures Act as established by Chapter 29A of the West Virginia Code.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 31 , 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 followingtopics: 2 190CSR3 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 orconsulting; 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 andzoning; 4.1.c.7. Management, leasing; 4.1.c.8. Property developmental, partialinterest; 4.1.c.9. Real estate law, easements, and legalinterests; 4.1.c.10. Real estate law and Fair Housing; 4.1.c.11. Real estate litigation, damages,andcondemnation; 4.1.c.12. Real estate financing andinvestment; 4.1.c.13. Real estate appraisal related computerapplications; 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.bd. 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. 4.1.c. With the exception of the required 7-Hour USPAP update course, a licensee must wait a period of three (3) licensing cycles before receiving credit for completion of a continuing education course offering on the same topic. 4.1.d. As a condition of renewal, every 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, or within the first eight (8) months of a new USPAP update course version being released by The Appraisal Foundation. 4.1.d.1. When a USPAP update course is made available by an approved education provider prior to the effective date of a newly adopted version of standards, or when the update course is made available prior to the calendar year for which the update course is titled, a licensee may take and utilize the course towards renewal of their license in that licensing cycle. 3 190CSR3 4.2. A course provider shall issue notice of satisfactory course completion to any licensee who attendeds 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 forrenewal. 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. §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 orpermit. 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 course providerinstructor 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 appraisalactivity. 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 followingqualifications 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 betaught; 4 190CSR3 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 betaught; 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 be a current AQB-Certified USPAP instructor.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 theboard 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. 5.8. A licensee who voluntarily completes a mentorship in accordance with the Board-approved Mentorship Program may apply on a form prescribed by the Board for appropriate continuing education credit. 5.9. Any education completed bv a licensee due to either an order of the Board, or agreement with the Board in order to resolve a complaint or disciplinary matter may not be used to satisfy the continuing education requirements for renewal. §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. §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 thisrule. 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 5 190CSR3 afforded a hearing pursuant to W. Va. Code§30-1-8(e). 6