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HB 4319

Relating to authorizing the Real Estate Commission to promulgate a legislative rule relating to licensing real estate brokers, associate brokers, and salespersons, and the conduct of brokerage business.

2026 Regular Session Introduced by Doug Smith

The bill grants the West Virginia Real Estate Commission authority to create a legislative rule establishing licensing standards, conduct, and disciplinary procedures for brokers a

To House Judiciary
#legislature--rulemaking
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WeVote Research Nonpartisan
Bill Summary · HB 4319

Bill Summary: HB 4319 (West Virginia, 2026)

Purpose and Intent

  • The bill authorizes the West Virginia Real Estate Commission to promulgate a legislative rule governing the licensing of real estate brokers, associate brokers, and salespersons, as well as the conduct of brokerage business.
  • In essence, it moves to formalize rulemaking authority for licensing and professional conduct within the real estate brokerage sector under the Commission’s oversight.

Key Provisions and Changes

  • Authority to Promulgate Rules: Empowers the West Virginia Real Estate Commission to create and adopt a legislative rule establishing standards, procedures, and requirements related to:
    • Licensing of real estate brokers, associate brokers, and salespersons.
    • Conduct, ethics, and professional standards in the brokerage of real estate.
    • Administrative processes associated with licensure (e.g., applications, renewals, and disciplinary procedures).
  • Scope of Regulation: The rule would delineate qualifications for licensure, ongoing education or continuing education requirements, license renewal timelines, and grounds for disciplinary action (e.g., fraud, misrepresentation, unprofessional conduct).
  • Administrative Process: Likely includes notice-and-comment style rulemaking, public input opportunities, and timelines for proposed and final rules, consistent with legislative rulemaking standards in West Virginia.
  • Implementation and Compliance: Sets expectations for licensees to comply with the new or revised rules and outlines enforcement mechanisms for violations (licensing penalties, sanctions, or corrective actions).

Who Would Be Affected

  • Real Estate Licensees: Brokers, associate brokers, and salespersons currently licensed or seeking licensure under West Virginia law.
  • Real Estate Firms and Brokerage Practices: Entities and individuals engaged in brokerage activities would be subject to the promulgated rules governing conduct, operations, advertising, fiduciary duties, and disclosure requirements.
  • Real Estate Professionals Oversight: The Real Estate Commission would oversee licensure standards, compliance monitoring, investigations, and disciplinary actions under the new rule framework.

Procedural and Timeline Considerations

  • Legislative Path: The bill progressed through the House with a committee referral to Government Organization and then Judiciary, indicating a review of proposed regulatory authority and its implications.
  • Recent Action: On 2026-01-30, the bill was reported “Do pass, but first to Judiciary,” signaling approval by a prior committee with the next step being a Judiciary committee consideration.
  • Sponsor: Co-sponsor Doug Smith, indicating bipartisan or cross-chamber interest (context not provided here).

Potential Impact and Implications

  • Regulatory Clarity: Provides formal rulemaking power to the Real Estate Commission, which can lead to clearer licensing standards, consistent professional conduct expectations, and standardized disciplinary procedures.
  • Professional Standards: May raise or standardize requirements for licensure, continuing education, and ethical practice, potentially affecting licensure timelines and renewal processes.
  • Market Effects: Clear rules could enhance consumer protection and trust in real estate transactions; enforcement provisions may influence disciplinary outcomes for violations.
  • Administrative Burden: Rulemaking and compliance obligations could increase administrative work for the Commission and for licensees to stay current with rules.

Notes for Readers

  • Specific text, such as the exact rule language, effective dates, and transition provisions (if any), are not included in the summary. The bill grants authority to the Real Estate Commission to develop a legislative rule, which would subsequently be subject to standard legislative rulemaking processes and potential future amendment.

If you’d like, I can add a section comparing these proposed rules to current WV real estate licensing requirements or track the bill’s status as it moves through the House Judiciary committee.

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

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