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HB 2322

Relating to authorizing the Real Estate Commission to promulgate a legislative rule relating to consideration of prior criminal convictions in initial license eligibility determination

2025 Regular Session Introduced by Doug Smith

House Bill 2322 allows West Virginia's Real Estate Commission to consider prior criminal convictions when determining eligibility for initial real estate licenses.

To House Government Organization
#legislature--rulemaking
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Bill Summary · HB 2322

Summary of House Bill 2322

Bill Information

  • Bill Number: HB 2322
  • Title: Relating to authorizing the Real Estate Commission to promulgate a legislative rule relating to consideration of prior criminal convictions in initial license eligibility determination
  • Status: To House Government Organization
  • Introduced: February 12, 2025
  • Classification: Bill
  • Subject: Legislature--Rule Making

Purpose and Intent

House Bill 2322 aims to authorize the West Virginia Real Estate Commission to create a legislative rule that would allow for the consideration of prior criminal convictions when determining eligibility for initial real estate licenses. This bill seeks to clarify and formalize the process by which the Commission evaluates the criminal history of applicants for real estate licenses.

Key Provisions

  • Rule Authorization: The bill specifically authorizes the Real Estate Commission to promulgate a legislative rule regarding how prior criminal convictions are considered in the initial license eligibility determination.
  • Reference to Existing Code: The bill amends and reenacts §64-9-1 of the Code of West Virginia, 1931, aligning it with the legislative rule filed in the State Register on August 9, 2024, under the authority of §30-1-24.
  • Impact on Licensing Process: By allowing the Commission to consider prior criminal convictions, the bill may affect the criteria used to evaluate applicants, potentially leading to a more nuanced approach to licensing that considers the nature and recency of offenses.

Who Would Be Affected

  • Real Estate Applicants: Individuals seeking to obtain a real estate license in West Virginia may be directly impacted, as their prior criminal convictions could influence their eligibility.
  • Real Estate Commission: The Commission itself will have the authority to establish guidelines and criteria for evaluating criminal history in the licensing process.

Procedural Aspects

  • Legislative Timeline:
    • The bill was introduced and filed for consideration on February 12, 2025.
    • It has been referred to the House Committee on Government Organization for further discussion and evaluation.

Conclusion

House Bill 2322 represents an important step in the regulation of real estate licensing in West Virginia by allowing the Real Estate Commission to consider prior criminal convictions in its eligibility determinations. This legislative change could lead to a more comprehensive assessment of applicants, balancing public safety with opportunities for individuals with criminal histories to enter the real estate profession.

Compiled from official sources — confirm details with the bill’s official record.

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