(a) The Board shall administer an examination to all applicants for licensure as a “Licensed Real Estate Appraiser” or “Certified Real Estate Appraiser” or for a “Provisional Appraiser's License”. The Board shall collect an examination fee set by the Board, and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits.
(b) All licenses and certifications shall be renewed periodically as determined by the Board in its rules and regulations, and the Board shall charge a fee for the renewal of any such license or certificate. No license or certification shall be valid for more than three years. All fees collected pursuant to this section shall be deposited in the Real Estate Appraiser's Fund in the Treasury of the Virgin Islands as established in Title 33, section 3083, Virgin Islands Code. A license or certification not renewed in accordance with this section shall lapse.
(c) All applications must be filed and fees paid at the Board's offices during regular business hours or may be mailed to the Board's offices in a letter postmarked by the Postal Service.
(d) Any appraiser whose license or certification lapses for any reason may reactivate that license or certificate within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license or certification was lapsed; provided, however, that the appraiser continues to meet the educational requirements of this chapter. Any appraiser whose license or certification has lapsed for longer than two years and who seeks to have the license or certification reinstated must requalify as an original applicant as set forth in this chapter. The Board may bring misdemeanor charges against any appraiser if the appraiser continues to perform real estate appraisal activities following the lapsing of the license or certification.
(e) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue a license or certification by making a written request, within 14 days of ceasing work, that the license or certification be placed on inactive status. Any appraiser whose license or certification has been placed on an inactive status shall not engage in real estate appraisal activity. To reactivate a license or certification held on inactive status, an appraiser must make application to the Board and receive his/her license or certification prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate a license or certification which has been placed on inactive status shall be required to meet any continuing education requirements which the appraiser might have otherwise been required to meet during the period when the appraiser's license or certification was placed on inactive status.
(f) Any appraiser who places a license or certification on inactive status shall be required to pay the renewal fee provided for in this section. No license or certification shall be issued unless the required fees are paid. If an appraiser on inactive status changes address, the appraiser shall notify the Board of the new address, in writing, within 21 days.
(g) Any fee which the Board is permitted to charge under this chapter and which is unpaid may be cause for sanction, including denial of a license or certification, or for penalties permitted by this chapter.
(h) The Board shall collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform in federally related transactions as set forth in 12 U.S.C. section 3338, and shall forward to the Appraisal Subcommittee a roster of appraisers licensed or certified pursuant to the terms of this chapter.
(i) Except as provided for in subsection (h) of this section, all fees collected pursuant to this chapter shall be deposited by the Board into the Real Estate Appraisers Fund established by Title 33, section 3083, Virgin Islands Code. Expenditures authorized by the Board shall be paid from the funds received pursuant to this chapter or as may be appropriated by the Legislature.
(j) Licenses or certifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the Board.
(k) Where an applicant for a license or certification has been convicted in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offenses or has been convicted of any felony or a crime involving moral turpitude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license or a certification. As used in this chapter, the term “conviction” shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for a license or a certification has been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude and where such applicant was granted first offender treatment without adjudication of guilt pursuant to the charge, or pleaded “nolo contendere” to such charge, such sentencing in itself may be a sufficient ground for refusal of a license or certification. An applicant for a license or a certification who has been convicted of any offense enumerated in this subsection may be licensed or certified by the Board only if:
(1) at least five years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later;
(2) no criminal charges are pending against the applicant; and
(3) the applicant presents to the Board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interest of the public.
(l) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or a state or territorial fair housing law by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or a certification or the imposition of any sanction permitted by this chapter.
(m) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the Board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license or certification.
(n) Grounds for suspension or revocation of a license or certification, as provided for by this chapter, shall also be grounds for refusal to grant a license or certification.
(o) The conduct provided for in subsections (j) through (m) of this section which relates to the denial of a license or a certification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.
(p) If an appraiser:
(1) voluntarily surrenders a license or certification to the Board;
(2) allows a license or certification to lapse due to failure to meet education requirements provided by law; or
(3) allows a license or certification to lapse due to failure to pay any required fees after the Board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter before the Board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the Board as grounds for refusal of a new license or certification to such person.
(q) Where an applicant for a license or certification has been disciplined by the Board or by a similar Board of any other state, territory or foreign country, such discipline in itself may be a sufficient ground for refusal of a license or certification. An applicant for a license or certification who has had a license or certification revoked by an occupational licensing body of this Territory, or any other state or territory, may be licensed or certified by the Board only if:
(1) at least five years have passed since the date that the applicant's occupational license or certification was revoked;
(2) no criminal charges are pending against the applicant at the time of the application; and
(3) the applicant presents to the Board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public.
(r) Whenever any appraiser is convicted of any offense enumerated in subsection (k) of this section, such appraiser must immediately notify the Board of the conviction. Such appraiser's license or certification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the Board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the Board, in its discretion, may impose upon that appraiser any remedy permitted by this chapter.