DAR File No. 27350
Commerce, Real Estate
R162-104
Experience Requirement
NOTICE OF PROPOSED RULE
DAR File No.: 27350
Filed: 08/16/2004, 11:02
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
The federal Appraisal Subcommittee has notified the Division of Real Estate that teaching experience is not an acceptable substitute for appraisal experience and that the rule allowing experience credit toward certification for teaching experience must therefore be changed.
Summary of the rule or change:
The provisions allowing experience points for teaching appraisal classes are deleted and the remaining provisions renumbered. Subsection R162-104-18(104.18.2)(ff) is moved so that the entire list does not have to be renumbered.
State statutory or constitutional authorization for this rule:
Subsection 61-2b-6(1)(l)
Anticipated cost or savings to:
the state budget:
None--Whether or not appraiser candidates may gain part of their experience credit toward certification from teaching classes should neither cost nor save the State.
local governments:
None--It is not anticipated that eliminating credit toward certification for teaching appraisal classes will have any impact on local government.
other persons:
The only persons who could be affected are any candidates for certification who would like to use teaching experience toward their certification requirements. However, it is unlikely that there are any such persons since instructors who teach appraiser classes generally have enough appraisal experience that they would qualify for certification on the basis of their experience alone and would not need extra experience points from instructing classes.
Compliance costs for affected persons:
Candidates for certification who would like to use teaching experience toward their certification requirements would be required to obtain their experience for certification in some other way. Although it is unlikely that there are any such persons since instructors of appraiser classes generally have enough appraisal experience that they would qualify for certification on the basis of their experience alone and would not need extra experience points from instructing classes, if there are any such persons they may be delayed in obtaining certification, which could impact their income.
Comments by the department head on the fiscal impact the rule may have on businesses:
This rule modifies the education requirements for licensure to comply with national standards, which do not recognize teaching experience as credit toward appraisal experience. No fiscal impact to businesses is anticipated as a result of this rule filing.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316
Direct questions regarding this rule to:
Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at swismer@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
10/01/2004
This rule may become effective on:
10/02/2004
Authorized by:
Dexter Bell, Director
RULE TEXT
R162. Commerce, Real Estate.
R162-104. Experience Requirement.
R162-104-8. [Cumulative ]Points from
Authorship.
104.8 The cumulative points from [instruction
of appraisal classes and ]appraisal textbook and article authorship shall
not exceed 50% of the cumulative points submitted.
R162-104-18. Appraisal Experience Points Schedule.
104.18 Points shall be awarded as follows:
104.18.1 Residential Experience Points Schedule. The following points shall be awarded to form appraisals. Three points may be added to the points shown if the appraisal was a narrative appraisal instead of a form appraisal.
TABLE 1
(a) One-unit dwelling, including a site 1 point
(b) Multiple one-unit dwellings in the same subdivision
or condominium project which are substantially similar
1-25 dwellings 1 point per
dwelling up
to a maximum
of 6 points
Over 25 dwellings A total of 10
points
(c) Two- to four-unit dwelling 4 points
(d) Employee Relocation Counsel reports completed
on currently accepted Employee Relocation Counsel
form 2 points
(e) Residential lot, 1-4 family 1 point
(f) Multiple lots in the same subdivision which
are substantially similar
1-25 lots 1 point per
lot up to a
maximum of
6 points
Over 25 lots A total of
10 points
(g) Small parcel up to 5 acres 1 point
(h) Vacant land, 20-500 acres 4 points
A maximum of 50 points may be awarded for appraisal
of vacant land.
(i) Recreational, farm, or timber acreage suitable
for a house site, up to 10 acres 2 points
Over 10 acres 3 points
(j) All other unusual structures or acreages, 1-5 points
which are much larger or more complex than as determined
typical properties by the Board
(k) Residential appraisal textbook As determined
authorship, not to exceed 20 points per year by the Board
(l) Residential appraisal articles in journals of
approved national appraisal organizations,
not to exceed 20 points per year 10 points
[(m) Instructing an approved residential course of]
20 classroom hours or more 10 points
104.18.2 General Experience Points Schedule. All appraisal reports claimed must be narrative appraisal reports.
TABLE 2
(a) Apartment buildings, 5-100 units 8 points
Over 100 units 10 points
(b) Hotel or motels, 50 units or fewer 6 points
51-150 units 8 points
Over 150 units 10 points
(c) Nursing home, rest home, care facilities,
Fewer than 80 beds 8 points
Over 80 beds 10 points
(d) Industrial or warehouse building,
Fewer than 20,000 square feet 6 points
Over 20,000 square feet, single tenant 8 points
Over 20,000 square feet, multiple tenants 10 points
(e) Office buildings
Fewer than 10,000 square feet 6 points
Over 10,000 square feet, single tenant 8 points
Over 10,000 square feet, multiple tenants 10 points
(f) Entire condominium projects, using income
approach to value
5- to 30-unit project 6 points
31- or more-unit project 10 points
(g) Retail buildings
Fewer than 10,000 square feet 6 points
More than 10,000 square feet, single tenant 8 points
More than 10,000 square feet, multiple tenants 10 points
(h) Commercial, multi-family, industrial,
or other nonresidential use acreage
Fewer than 10 acres 4 points
10 acres or more 6 points
100 acres or more, income approach to value 10 points
(i) All other unusual structures or assignments 1 to 20
which are much larger or more complex than the points as
properties described in (a) to (h) herein. determined
by Board
[(j) Instructing an approved general appraisal](j) Textbook authorship in general appraisal As determined
course of 20 classroom hours or more, not to
exceed 20 points per year 10 points
(k)
topics, not to exceed 20 points per year by Board
[(l)](k) General field journal articles in journals of
approved national appraisal organizations,
not to exceed 20 points per year 10 points
[(m)](l) Entire Subdivisions or Planned Unit Developments (PUDs)
1- to 25-unit subdivision or PUD 6 points
Over 25-unit subdivision or PUD 10 points
[(n)](m) Feasibility or market analysis, 1 to 20
maximum 100 points points as
determined
by Board
Ad Valorem appraisals
[(o)](n) Development and implementation of multiple
regression model - land valuation guide, up to
5000 parcels 20 points
For each additional 5000 parcels, add 1 point
[(p)](o) Depreciation study and analysis 20 points
[(q)](p) Sales ratio study and implementation - physical
inspection and review, maximum 50 points 10 points
[(r)](q) Development of standards of practice for 10-20
assessment administration and writing of those points as
guidelines, maximum 40 points determined
by Board
[(s)](r) State-assessed property - gravel pits, 1-20 points
mines, utilities as determined
by Board
Farm and Ranch appraisals Form Narrative
(s) Separate grazing privileges or permits 4 pts. 5 pts.
(t) Irrigated cropland, pasture other than
rangeland, 1 to 10 acres 2 pts. 3 pts.
11-50 acres 2.5 pts. 4 pts.
51-200 acres 3 pts. 5 pts.
201-1000 acres 5 pts. 8 pts.
More than 1000 acres 8 pts. 10 pts.
(u) Dry farm, 1 to 1000 acres 3 pts. 5 pts.
More than 1000 acres 4 pts. 8 pts.
(v) Improvements on properties other than
a rural residence, maximum 2 points:
Dwelling 1 pt. 1 pt.
Sheds 0.5 pt. 0.5 pt.
(w) Cattle ranches
0-200 head 3 pts. 4 pts.
201-500 head 5 pts. 6 pts.
501-1000 head 6 pts. 8 pts.
More than 1000 head 8 pts. 10 pts.
(x) Sheep ranches
0-2000 head 5 pts. 6 pts.
More than 2000 head 7 pts. 9 pts.
(y) Dairies, includes all improvements
except a dwelling
1-100 head 4 pts. 5 pts.
101-300 head 5 pts. 6 pts.
More than 300 head 6 pts. 7 pts.
(z) Orchards
5-50 acres 6 pts. 8 pts.
More than 50 acres 8 pts. 10 pts.
(aa) Rangeland/timber
0-640 acres 4 pts. 5 pts.
More than 640 acres 6 pts. 7 pts.
(bb) Poultry
0-100,000 birds 6 pts. 8 pts.
More than 100,000 birds 8 pts. 10 pts.
(cc) Mink
0-5000 cages 6 pts. 7 pts.
More than 5000 cages 8 pts. 10 pts.
(dd) Fish farms 8 pts. 10 pts.
(ee) Hog farms 8 pts. 10 pts.
[(ff) Separate grazing privileges or permits 4 pts. 5 pts.]
104.18.2.1 Appraisals on commercial or multifamily form reports shall be worth 75% of the points normally awarded for the appraisal.
KEY: real estate appraisal, experience
[November 26,
2003]2004
Notice of Continuation March 27, 2002
61-2b-1 through 61-2b-40
ADDITIONAL INFORMATION
PLEASE NOTE:
- Text to be deleted is struck through and surrounded by brackets (e.g.,
[
example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed. - Please see the DISCLAIMER regarding information available from state web pages.
For questions regarding the content or application of this rule, please contact Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at swismer@utah.gov
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.