West Virginia Code § 30-40-6

Commission created; membership; appointment and removal of members;
Open in Lexace · Ask the AI about this section
qualifications; terms; organization.
(a) The West Virginia Real Estate Commission is hereby continued. The members of the
commission in office on the date this section takes effect shall, unless sooner removed,
continue to serve until their respective terms expire and until their successors have been
appointed and qualified. e
(b)(1) Commencing with the terms beginning with July 1, 2002, the commission shall consist
of five persons appointed for terms of four years by the Governor with the advice and
consent of the Senate. Four commissioners must be licensed unduer the provisions of this
article and one commissioner must be a citizen member who is not licensed under the
provisions of this article. t
(2) Each licensed commissioner, at the time of his or her appointment, must have been
licensed and practiced in this state as a real estate broker, associate broker or salesperson
as his or her primary vocation for a period of not lelss than ten years immediately preceding
the appointment. Each commissioner must hasve been a resident of this state for at least six
years prior to his or her appointment and must remain a resident during the appointment
term. No more than four commissioners shall belong to the same political party.
(3) The appointment of three licensed commissioners, whether for a full term or to fill a
vacancy, shall be made by the Governor with the advice and consent of the Senate. The
appointment of one licensed commissioner, whether for a full term or to fill a vacancy, shall
be made by the Governor from among three nominees selected by the West Virginia
association of realtors. If the appointment is for a full term, the nominations must be
submitted to the Governor not later than three months prior to the date on which the
appointment becomes effective. If the appointment is to fill a vacancy, the nominations must
be submitted to the Governor within thirty days after a request for the nominations has been
made by the Governor to the West Virginia association of realtors. If the association fails to
subWmit nominations in accordance with the requirements of this section, the Governor may
make the appointment without the nominations.
(c) Any commissioner immediately and automatically forfeits his or her membership on the
commission if he or she has his or her license to practice as a real estate broker, associate
broker or salesperson suspended or revoked by the board, is convicted of a felony under the
laws of this state or of the United States, becomes a nonresident of this state, or holds any
elective public office or becomes a member of any political committee.
(d) No member of the commission may be removed from office by the Governor except for
official misconduct, incompetency, neglect of duty, gross immorality or other good cause,
but then only in the manner prescribed by law for the removal by the Governor of state
elective officials.
(e) No member of the commission may serve more than two consecutive full terms and any
member having served two full terms may not be appointed for one year after completion of
his or her second full term. A member shall continue to serve until his or her successor has
been appointed and qualified.
(f) The Governor shall designate one member of the commission as chairman and the
members shall choose a vice chairman and a secretary, each of whom shall continue to serve
in their respective capacity until replaced. e
(g) Three members shall constitute a quorum for the conduct of official business.
(h) Each commissioner shall receive the same compensation as ius paid to members of the
Legislature for their interim duties as recommended by the citizens legislative compensation
commission and authorized by law for each day or portion thereof engaged in the discharge
of official duties. Each commissioner shall be reimbursed for his or her actual and necessary
expenses for each day or portion thereof engaged in thae discharge of official duties in a
manner consistent with guidelines of the travel management office of the Department of
Administration. l

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.