DAR File No. 28432

Tax Commission, Property Tax

R884-24P-19

Appraiser Designation Program Pursuant to Utah Code Ann. Sections 59-2-701 and 59-2-702

NOTICE OF PROPOSED RULE

DAR File No.: 28432
Filed: 12/21/2005, 04:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment makes numerous technical changes, as well as updating the name of the body that sanctions appraiser training courses.

Summary of the rule or change:

This amendment updates the name of the body that sanctions appraiser training courses; and makes numerous technical changes.

State statutory or constitutional authorization for this rule:

Sections 59-2-701 and 59-2-702

Anticipated cost or savings to:

the state budget:

None--The proposed amendment updates the name of a governing body and makes numerous technical changes which does not have any costs for the state budget.

local governments:

None--The proposed amendment updates the name of a governing body and makes numerous technical changes which does not have any costs for local governments.

other persons:

None--The proposed amendment updates the name of a governing body and makes numerous technical changes which does not have any costs for other persons.

Compliance costs for affected persons:

None--The proposed amendment updates the name of a governing body and makes numerous technical changes which does not have any cost for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact to businesses. Pam Hendrickson, Chairman

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at clee@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:

02/14/2006

This rule may become effective on:

02/15/2006

Authorized by:

Pam Hendrickson, Commission Chair

RULE TEXT

R884. Tax Commission, Property Tax.

R884-24P. Property Tax.

R884-24P-19. Appraiser Designation Program Pursuant to Utah Code Ann. Sections 59-2-701 and 59-2-702.

[A.](1) ["State Licensed Appraiser", "State Certified General Appraiser," and "State Certified Residential Appraiser"]"State certified general appraiser," "state certified residential appraiser," and "state licensed appraiser" are as defined in Section 61-2b-2.

[B.](2) The ad valorem training and designation program consists of several courses and practica.

[1.](a) Certain courses must be sanctioned by either the [International Association of Assessing Officers (IAAO)]Appraiser Qualification Board of the Appraisal Foundation (AQB) or the Western States Association of Tax Administrators (WSATA).

[2.](b) [Most courses are one week in duration, with an examination held on the final day.] The courses comprising the basic designation program are:

[a)](i) Course A - Assessment Practice in Utah;

[b)](ii) Course B - Fundamentals of Real Property Appraisal [(IAAO 101)];

[c)](iii) Course C - Mass Appraisal of Land;

[d)](iv) Course D - Building Analysis and Valuation;

[e)](v) Course E - Income Approach to Valuation [(IAAO 102)];

[f)](vi) Course G - Development and Use of Personal Property Schedules;

[g)](vii) Course H - Appraisal of Public Utilities and Railroads (WSATA); and

[h)](viii) Course J - Uniform Standards of Professional Appraisal Practice [(USPAP)](AQB).

[3.](c) The Tax Commission may allow equivalent appraisal education to be submitted in lieu of Course B, Course E, and Course J.

[C.](3) Candidates must attend 90 percent of the classes in each course and pass the final examination for each course with a grade of 70 percent or more to be successful.

[D.](4) There are four recognized ad valorem designations: [Ad Valorem Residential Appraiser, Ad Valorem General Real Property Appraiser, Ad Valorem Personal Property Auditor/Appraiser, and Ad Valorem Centrally Assessed Valuation Analyst]ad valorem residential appraiser, ad valorem general real property appraiser, ad valorem personal property auditor/appraiser, and ad valorem centrally assessed valuation analyst.

[1.](a) These designations are granted only to individuals working as appraisers, review appraisers, valuation auditors, or analysts/administrators providing oversight and direction to appraisers and auditors.

[2.](b) An assessor, county employee, or state employee must hold the appropriate designation to value property for ad valorem taxation purposes.

[E.](5) Ad [Valorem Residential Appraiser]valorem residential appraiser.

[1.](a) To qualify for this designation, an individual must:

[a)](i) successfully complete Courses A, B, C, D, and J;

[b)](ii) successfully complete a comprehensive residential field practicum; and

[c)](iii) attain and maintain state licensed or state certified appraiser status.

[2.](b) Upon designation, the appraiser may value residential, vacant, and agricultural property for ad valorem taxation purposes.

[F.](6) Ad [Valorem General Real Property Appraiser]valorem general real property appraiser.

[1.](a) In order to qualify for this designation, an individual must:

[a)](i) successfully complete Courses A, B, C, D, E, and J;

[b)](ii) successfully complete a comprehensive field practicum including residential and commercial properties; and

[c)](iii) attain and maintain state licensed or state certified appraiser status.

[2.](b) Upon designation, the appraiser may value all types of locally assessed real property for ad valorem taxation purposes.

[G.](7) Ad [Valorem Personal Property Auditor/Appraiser]valorem personal property auditor/appraiser.

[1.](a) To qualify for this designation, an individual must successfully complete:

[a)](i) Courses A, B, G, and J; and

[b)](ii) a comprehensive auditing practicum.

[2.](b) Upon designation, the auditor/appraiser may value locally assessed personal property for ad valorem taxation purposes.

[H.](8) Ad [Valorem Centrally Assessed Valuation Analyst]valorem centrally assessed valuation analyst.

[1.](a) In order to qualify for this designation, an individual must:

[a)](i) successfully complete Courses A, B, E, H, and J;

[b)](ii) successfully complete a comprehensive valuation practicum; and

[c)](iii) attain and maintain state licensed or state certified appraiser status.

[2.](b) Upon designation, the analyst may value centrally assessed property for ad valorem taxation purposes.

[I.](9) If a candidate fails to receive a passing grade on a final examination, one re-examination is allowed. If the re-examination is not successful, the individual must retake the failed course. The cost to retake the failed course will not be borne by the Tax Commission.

[J.](10) A practicum involves the appraisal or audit of selected properties. The candidate's supervisor must formally request that the Property Tax Division administer a practicum.

[1.](a) Emphasis is placed on those types of properties the candidate will most likely encounter on the job.

[2.](b) The practicum will be administered by a designated appraiser assigned from the Property Tax Division.

[K.](11) An appraiser trainee referred to in Section 59-2-701 shall be designated an ad valorem associate if the appraiser trainee:

[1.](a) has completed all Tax Commission appraiser education and practicum requirements for designation under [E., F., and H.]Subsections (5), (6), and (8); and

[2.](b) has not completed the requirements for licensure or certification under Title 71, Chapter 2b, Real Estate Appraiser Licensing and Certification.

[L.](12) An individual holding a specified designation can qualify for other designations by meeting the additional requirements outlined above.

[M.](13) Maintaining designated status requires completion of 28 hours of Tax Commission approved classroom work every two years.

[N.](14) Upon termination of employment from any Utah assessment jurisdiction, or if the individual no longer works primarily as an appraiser, review appraiser, valuation auditor, or analyst/administrator in appraisal matters, designation is automatically revoked.

[1.](a) Ad valorem designation status may be reinstated if the individual secures employment in any Utah assessment jurisdiction within four years from the prior termination.

[2.](b) If more than four years elapse between termination and rehire, and:

[a)](i) the individual has been employed in a closely allied field, then the individual may challenge the course examinations. Upon successfully challenging all required course examinations, the prior designation status will be reinstated; or

[b)](ii) if the individual has not been employed in real estate valuation or a closely allied field, the individual must retake all required courses and pass the final examinations with a score of 70 percent or more.

[O.](15) All appraisal work performed by Tax Commission designated appraisers shall meet the standards set forth in section 61-2b-27.

[P.](16) If appropriate Tax Commission designations are not held by assessor's office personnel, the appraisal work must be contracted out to qualified private appraisers. An assessor's office may elect to contract out appraisal work to qualified private appraisers even if personnel with the appropriate designation are available in the office. If appraisal work is contracted out, the following requirements must be met[.]:

[1.](a) The private sector appraisers contracting the work must hold the [State Certified Residential Appraiser or State Certified General Appraiser]state certified residential appraiser or state certified general appraiser license issued by the Division of Real Estate of the Utah Department of Commerce. Only [State Certified General Appraisers]state certified general appraisers may appraise nonresidential properties.

[2.](b) All appraisal work shall meet the standards set forth in Section 61-2b-27.

[Q.](17) The completion and delivery of the assessment roll required under Section 59-2-311 is an administrative function of the elected assessor.

[1.](a) There are no specific licensure, certification, or educational requirements related to this function.

[2.](b) An elected assessor may complete and deliver the assessment roll as long as the valuations and appraisals included in the assessment roll were completed by persons having the required designations.

KEY: taxation, personal property, property tax, appraisals

Date of Enactment or Last Substantive Amendment: [October 13, 2005]2006

Notice of Continuation: April 5, 2002

Authorizing, and Implemented or Interpreted Law: 59-2-701; 59-2-702

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at clee@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.