West Virginia § 30-38A-12 Requirements for removal from an appraiser panel

West Virginia Statutes

§ 30-38A-12 — Requirements for removal from an appraiser panel

West Virginia·Ch. 30 PROFESSIONS AND OCCUPATIONS·Art. 38A APPRAISAL MANAGEMENT COMPANIES REGISTRATION ACT

(a)An appraisal management company may only remove an appraiser from an appraiser panel or refuse to assign appraisals to an appraiser after providing the appraiser 20 days" prior written notice stating the reasons for the removal or refusal and providing an opportunity for the appraiser to be heard.

(b)An appraiser who is removed from an appraiser panel or refused appraisal assignments for an alleged act or omission that would constitute grounds for disciplinary action under the provisions of §30-38-12 of this code, a violation of the Uniform Standards of Professional Appraisal Practice (USPAP), or a violation of state law or legislative rule may file a complaint with the board for a review of the appraisal management company’s decision.

(c)The board’s review under this subsection is

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(a) An appraisal management company may only remove an appraiser from an appraiser panel or refuse to assign appraisals to an appraiser after providing the appraiser 20 days" prior written notice stating the reasons for the removal or refusal and providing an opportunity for the appraiser to be heard.

(b) An appraiser who is removed from an appraiser panel or refused appraisal assignments for an alleged act or omission that would constitute grounds for disciplinary action under the provisions of §30-38-12 of this code, a violation of the Uniform Standards of Professional Appraisal Practice (USPAP), or a violation of state law or legislative rule may file a complaint with the board for a review of the appraisal management company’s decision.

(c) The board’s review under this subsection is limited to determining whether:

(1) The appraisal management company has complied with subsection (a) of this section; and

(2) The appraiser has engaged in an act or omission that would constitute grounds for disciplinary action under the provisions of §30-38-12 of this code, or has committed a violation of the USPAP or a violation of state law or legislative rule.

(d) The board shall hold a hearing on the complaint within a reasonable time, not exceeding six months after the complaint was filed, unless there are extenuating circumstances that are noted in the board’s minutes.

(e) If the board determines after the hearing that an appraisal management company acted improperly, then the board shall order the appraisal management company to restore the appraiser to the appraiser panel or assign appraisals to the appraiser.

(f) After the board’s order, an appraisal management company may not:

(1) Reduce the number of appraisals given to the appraiser; or

(2) Penalize the appraiser in any other manner.

West Virginia § 30-38A-12 (Requirements for removal from an appraiser panel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.