DAR File No. 29522

Commerce, Real Estate

R162-104

Experience Requirement

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29522
Filed: 02/15/2007, 01:37
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsections 61-2b-8(1) and (2) require the Utah Appraiser Licensing and Certification Board to determine the experience requirements for appraisers licensed and certified under the chapter, and to establish those requirements in conformity with the minimum criteria established by the Appraiser Qualification Board (AQB) of the Appraisal Foundation, unless the Board finds the AQB requirements are not appropriate for Utah appraisers and makes rules contrary to the AQB minimums.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Division of Real Estate has received comment from the AQB that the portion of the rule concerning how county assessors' office employees' experience is measured is contrary to a new policy being adopted by the AQB. The Utah Appraiser Licensing and Certification Board is in the process of changing this rule in response to that comment.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Since the Utah Appraiser Licensing and Certification Board is charged with determining the experience necessary for a person to become a licensed or certified appraiser in Utah and since measuring and evaluating an appraiser's experience is a complex process, it is necessary for the Utah Appraiser Licensing and Certification Board to enact rules that specify in detail how an appraiser accrues the experience necessary for licensing or certification. Therefore, this rule should be continued.

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

Commerce
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 801-366-0145, by FAX at 801-366-0315, or by Internet E-mail at swismer@utah.gov

Authorized by:

Derek Miller, Director