West Virginia Code of State Rules Agency 190 - Real Estate Appraiser Licensing And Certification Board
1. Purpose and Legal Authority of Agency 190
Agency 190 exists to regulate real estate appraisers in West Virginia to ensure:
Public trust in real estate valuations
Compliance with federal law (especially FIRREA)
Professional competence and ethical conduct
Statutory authority comes primarily from:
West Virginia Code §30-38 (Real Estate Appraiser Licensing and Certification Act)
The CSR rules adopted by Agency 190 have the force of law, so violations can lead to license denial, suspension, revocation, or fines.
2. Structure of Agency 190 Rules
Agency 190 CSR is divided into several key rule series. While numbering may change over time, the substance generally falls into the following categories.
3. Licensing and Certification Requirements
Types of Credentials
Agency 190 recognizes federally compliant credentials, including:
Licensed Residential Appraiser
Certified Residential Appraiser
Certified General Appraiser
Core Requirements
Applicants must meet:
Education standards (Appraisal Foundation criteria)
Experience hours under supervision
Examination requirements
Background and character standards
Legal Interpretation
West Virginia courts treat licensing requirements as a legislative delegation of police power. Courts consistently hold that:
The Board has broad discretion to set professional standards
Applicants do not have a property right in an initial license
This principle aligns with West Virginia administrative law cases holding that professional licensing is a privilege, not a right, so long as due process is observed.
4. Uniform Standards of Professional Appraisal Practice (USPAP)
Agency 190 formally adopts USPAP as the governing standard of conduct.
What This Means
USPAP violations are regulatory violations, not merely ethical lapses
Failure to follow USPAP can support discipline even without consumer harm
Case Law Principle
West Virginia courts have upheld discipline based on technical professional violations, holding that:
Regulatory boards may enforce professional standards strictly
Proof of financial loss is not required for discipline
Courts defer heavily to agency expertise when interpreting technical standards like USPAP.
5. Continuing Education and Renewal
Requirements
Periodic renewal
USPAP update courses
Board-approved continuing education hours
Legal Treatment
Failure to comply can result in:
Automatic lapse
Denial of renewal
Courts have upheld these rules as reasonable conditions on continued licensure, not punishments.
6. Supervision of Trainee Appraisers
Agency 190 imposes strict duties on supervising appraisers, including:
Direct oversight
Joint responsibility for appraisal work
Accurate experience logs
Liability Principle
In disciplinary cases, boards may:
Hold supervisors responsible for trainee misconduct
Impose discipline even without proof of intent
West Virginia administrative case law supports vicarious professional responsibility in regulated professions.
7. Complaints, Investigations, and Discipline
Investigation Authority
The Board may:
Initiate investigations
Subpoena records
Require sworn responses
Disciplinary Sanctions
Reprimand
Fines
Education requirements
Suspension or revocation
Due Process Requirements
West Virginia courts require:
Notice of charges
Opportunity to be heard
Decision supported by substantial evidence
Courts will not re-weigh evidence and will uphold Board decisions unless they are:
Arbitrary or capricious
Clearly contrary to law
Unsupported by the record
8. Administrative Hearings and Judicial Review
Hearing Process
Conducted under the West Virginia Administrative Procedures Act
Appraisers may present evidence and cross-examine witnesses
Standard of Review in Court
West Virginia courts apply:
Substantial evidence test
Deference to agency expertise
Strict limits on judicial interference
This mirrors long-standing West Virginia Supreme Court holdings that professional boards are best suited to judge professional competence.
9. Use of Appraisals in Legal Proceedings
Although not controlled solely by Agency 190, appraisals regulated under these rules often appear in:
Tax appeals
Condemnation cases
Divorce and estate litigation
West Virginia courts have ruled that:
An appraisal’s compliance with USPAP affects credibility
Licensing status affects admissibility and weight, not automatic exclusion
10. Key Case Law Themes (Without Specific Citations)
While reported cases directly interpreting Agency 190 are limited, West Virginia courts consistently apply these principles:
Strong deference to licensing boards
Strict enforcement of professional standards
No requirement of intent for discipline
USPAP treated as binding law when adopted by rule
Procedural due process is required, but not judicial substitution of judgment
These principles appear repeatedly across professional regulation cases involving doctors, lawyers, engineers, and appraisers.
11. Practical Legal Impact
In practice, Agency 190 rules mean:
Technical mistakes can have serious consequences
Documentation and compliance matter as much as intent
Courts are unlikely to overturn Board discipline unless procedural errors are clear
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