State ex rel. York v. Real Estate Appraiser Licensing & Certification Bd.

The West Virginia Real Estate Appraiser Licensing and Certification Board filed disciplinary complaints against Linda York, a licensed real estate appraiser, alleging that York engaged in improper, wrongful or deficient conduct in her work as an appraiser. York filed a petition for writ of prohibition seeking to stop the Board's disciplinary proceedings against her, arguing that the Board lacked the authority to reopen previously dismissed complaints against her and that the Board grossly abused and exceeded its legitimate powers in regard to the remaining complaints. The Supreme Court issued the writ, holding that the Board (1) was without authority to reopen or reinstate the complaints that were duly dismissed; and (2) exceeded its jurisdiction by failing to conduct an administrative hearing on the complaints, and the Board’s failure to do so was in clear violation of State statutory and rule provisions. View "State ex rel. York v. Real Estate Appraiser Licensing & Certification Bd." on Justia Law