West Virginia Code 30-38-10 – Civil liability for board members; liability limitations of professionals reporting to board; disqualification of board members from disciplinary proceedings or actions
(a) Members of the board will be immune from individual civil liability for actions taken in good faith and without malice, within the scope of their duties as board members.
Terms Used In West Virginia Code 30-38-10
- 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 30-38-3
- Board: means the real estate appraiser licensing and certification board established by the provisions of this article. See West Virginia Code 30-38-3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Real estate: means an identified parcel or tract of land, including improvements, if any. See West Virginia Code 30-38-3
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Any person licensed or certified by this board who reports or otherwise provides evidence of violations of this article or the board’s rules by another person engaging in real estate appraisal activity to the board, is not liable for making the report if it is made without malice and in the reasonable belief that the report is warranted by the facts known to him or her at the time.
(c) No member of the board may participate in or vote on a disciplinary proceeding or action concerning a real estate appraisal activity in which he or she has previously participated or in which he or she has given testimony or been engaged to give testimony, or in which the board member has a conflict of interest. In any such instance, the board member shall recuse himself or herself from the proceeding or action.