West Virginia Code 30-38A-12 – Requirements for removal from an appraiser panel
(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.
Terms Used In West Virginia Code 30-38A-12
- Appraisal: A determination of property value.
- 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 estate or identified real property. See West Virginia Code 30-38A-3
- Appraisal Management Company: means a person or firm that provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates. See West Virginia Code 30-38A-3
- Appraiser: means a person licensed or certified, under the provisions of §. See West Virginia Code 30-38A-3
- Appraiser panel: means a group of appraisers that perform appraisals for an appraisal management company as independent contractors. See West Virginia Code 30-38A-3
- Board: means the West Virginia Real Estate Appraiser Licensing and Certification Board established under the provisions of §. See West Virginia Code 30-38A-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- State: means the State of West Virginia. See West Virginia Code 30-38A-3
- USPAP: means the Uniform Standards of Professional Appraisal Practice. See West Virginia Code 30-38A-3
(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.