West Virginia Code 30-38A-8 – Background check requirements
(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.
Terms Used In West Virginia Code 30-38A-8
- Applicant: means a person or firm making an application for registration under the provisions of this article. 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
- Controlling person: means a person authorized by an appraisal management company to contract or enter into agreements with clients and independent appraisers for the performance of appraisal services and who has the power to manage the appraisal management company. See West Virginia Code 30-38A-3
- Firm: means a corporation, limited liability company, partnership, sole proprietorship, or any other business entity. See West Virginia Code 30-38A-3
- Registration: means a registration issued by the board under the provisions of this article. See West Virginia Code 30-38A-3
- State: means the State of West Virginia. See West Virginia Code 30-38A-3
(1) This requirement is found not to be against public policy.
(2) The criminal history record check shall be based on fingerprints submitted to the West Virginia State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(3) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:
(A) Submitting fingerprints for the purposes set forth in this subsection; and
(B) Authorizing the board, the West Virginia State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
(b) The results of the state and national criminal history record check may not be released to or by a private entity except:
(1) To the individual who is the subject of the criminal history record check;
(2) With the written authorization of the individual who is the subject of the criminal history record check; or
(3) Pursuant to a court order.
(c) The criminal history record check and related records are not public records for the purposes of Chapter 29B of this code.
(d) The applicant shall ensure that the criminal history record check is completed as soon as possible after the date of the original application for registration.
(e) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.