File No. 34949
This rule was published in the July 15, 2011, issue (Vol. 2011, No. 14) of the Utah State Bulletin.
Commerce, Real Estate
Rule R162-110
Trainee Registration
Notice of Proposed Rule
(Repeal)
DAR File No.: 34949
Filed: 06/16/2011 11:49:58 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The substantive provisions are incorporated into a new rule, R162-2g. (DAR NOTE: The proposed new rule, R162-2g, was published in the July 1, 2011, issue of the Utah State Bulletin under DAR No. 34917.)
Summary of the rule or change:
The rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 61-2g-201(2)(h)
Anticipated cost or savings to:
the state budget:
The substantive provisions of this rule are incorporated into a new rule, R162-2g. No changes are proposed that are anticipated to have a fiscal impact to the state.
local governments:
Local government is not subject to the appraiser administrative rules. No fiscal impact to local government is anticipated.
small businesses:
The substantive provisions of this rule are incorporated into a new rule, R162-2g. No changes are proposed that are anticipated to have a fiscal impact on small businesses.
persons other than small businesses, businesses, or local governmental entities:
The substantive provisions of this rule are incorporated into a new rule, R162-2g. No changes are proposed that are anticipated to have a fiscal impact on affected persons.
Compliance costs for affected persons:
The rule is repealed. No compliance is required.
Comments by the department head on the fiscal impact the rule may have on businesses:
No fiscal impact to businesses is anticipated from this rule repeal as a substitute new rule containing the substance of these provisions is also proposed by the Division.
Francine A. Giani, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
CommerceReal Estate
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@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:
08/15/2011
This rule may become effective on:
08/22/2011
Authorized by:
Deanna Sabey, Director
RULE TEXT
R162. Commerce, Real Estate.
[
R162-110. Trainee Registration.
R162-110-1. Trainee Registration.
(1) Registration Required.
(a) An individual who intends to obtain a license to
practice as a state-licensed appraiser must first register with
the Division as a trainee.
(b) The Division and the Board shall not award or
recognize experience hours toward licensure for any appraisal
work that is performed by an individual during a period of time
when the individual is not validly and currently registered as a
trainee.
(2) Character. An individual registering with the
Division as a trainee shall evidence honesty, integrity, and
truthfulness.
(a) A trainee applicant shall be denied registration
for
(i) Any felony that resulted in
(A) a conviction occurring within five years of the date
of application; or
(B) a jail or prison release date falling within five
years of the date of application.
(ii) Any misdemeanor involving fraud, misrepresentation,
theft, or dishonesty that resulted in
(A) a conviction occurring within three years of the date
of application; or
(B) a jail or prison release date falling within three
years of the date of application.
(b) A trainee applicant may be denied registration upon
consideration of the following:
(i) criminal convictions and pleas entered at any time
prior to the date of application;
(ii) the circumstances that led to any criminal
convictions or pleas under consideration;
(iii) past acts related to honesty or moral character,
with particular consideration given to any such acts involving
the business of appraising;
(iv) dishonest conduct that would be grounds under Utah
law for sanctioning an existing licensee;
(v) civil judgments in lawsuits brought on grounds of
fraud, misrepresentation, or deceit;
(vi) court findings of fraudulent or deceitful activity
in civil lawsuits;
(vii) evidence of non-compliance with court orders or
conditions of sentencing;
(viii) evidence of non-compliance with terms of a
probation agreement, plea in abeyance, or diversion agreement;
and
(ix) failure to pay taxes or child support
obligations.
(3) Competency. An individual registering with the
Division as a trainee shall evidence competency. In evaluating an
applicant for competency, the Division and Commission may
consider any evidence, including the following:
(a) civil judgments, with particular consideration given
to any such judgments involving the appraisal business;
(b) failure to satisfy a civil judgment that has not been
discharged in bankruptcy;
(c) the extent and quality of the applicant's
training and education in appraising;
(d) the extent of the applicant's knowledge of the
Utah Real Estate Appraiser Licensing and Certification
Act;
(e) evidence of disregard for licensing laws;
(f) evidence of drug or alcohol dependency; and
(g) the amount of time that has passed since any incident
under consideration.
(4) Pre-registration Education. Within the five-year
period preceding the date of application, an applicant must
successfully complete 75 classroom hours of AQB-approved
education as follows:
(a) 30 hours of appraisal principles;
(b) 30 hours of appraisal procedures; and
(c) the 15-hour Uniform Standards of Professional
Appraisal Practice (USPAP) course.
(5) Examination. An applicant must pass the final
examination in all pre-registration courses.
(6) Application to the Division. An applicant shall
submit the following to the Division:
(a) a completed application as provided by the
Division;
(b) course completion certificates for the 75 hours of
pre-registration education;
(c)(i) two fingerprint cards in a form acceptable to the
Division; or
(ii) evidence that the applicant's fingerprints have
been scanned at a testing center;
(d) all court documents related to any past criminal
proceeding;
(e) complete documentation of any sanction taken against
any license in any jurisdiction;
(f) a signed letter of waiver authorizing the Division to
obtain the fingerprints of the applicant, review past and present
employment records, review education records, and conduct a
criminal background check;
(g) the fee for the criminal background check;
(h) the name of the state-certified appraiser(s) with
whom the trainee is affiliated;
(i) the name and business address of any appraisal entity
or government agency with which the trainee is affiliated;
and
(j) the application fee.
(7) Affiliation with a Certified Appraiser. Applicants
shall affiliate with at least one supervising certified appraiser
and evidence that affiliation by:
(a) identifying each supervising certified appraiser on a
form supplied by the Division; and
(b) obtaining each supervising certified appraiser's
signature on the application.
(8) Notification Requirements. A registered trainee must
complete a change card and submit it to the Division within 10
business days whenever the trainee:
(a) affiliates with a new supervising certified
appraiser;
(b) terminates an affiliation with a supervising
certified appraiser; or
(c) changes affiliation with an appraisal entity or
government agency.
(9) Re-registration of Existing Trainees.
(a) Any trainee who registered with the Division without
undergoing a background check shall re-register with the Division
according to the following schedule:
(i) a trainee who registered prior to January 1, 2008
must re-register by January 1, 2011;
(ii) a trainee who registered during the 2008 calendar
year must re-register in 2011 by the anniversary of the
trainee's registration date;
(iii) a trainee who registered on or after January 1,
2009 must re-register on the two-year anniversary of the
registration date.
(b) To re-register, a trainee shall submit the following
to the Division:
(i) a completed application as provided by the
Division;
(ii)(A) two fingerprint cards in a form acceptable to the
Division; or
(B) evidence that the applicant's fingerprints have
been scanned at a testing center;
(iii) all court documents related to any past criminal
proceeding;
(iv) complete documentation of any sanction taken against
any license in any jurisdiction;
(v) a signed letter of waiver authorizing the Division to
obtain the fingerprints of the applicant, review past and present
employment records, review education records, and conduct a
criminal background check;
(vi) the fee for the criminal background check;
(vii) evidence of having completed the 28 hours of
continuing education or AQB qualifying education required for
renewal under Subsection 162-102-3;
(viii) the name of the state-certified appraiser(s) with
whom the trainee is affiliated;
(ix) the name and address of any appraisal entity or
government agency with which the trainee is affiliated;
and
(x) the application fee.
(d) A Division hearing officer shall review the
application of any trainee re-registering under Subsection (9)
who fails to meet the character and competency requirements of
Subsections (2) and (3). The hearing officer may:
(i) approve the application with the concurrence of the
Board;
(ii) approve the application subject to probation or
restriction; or
(iii) refer the application to the Board for
decision.
(10) Registration Renewal.
(a) A trainee registration is valid for two years and
must be renewed according to Subsection R162-102-3 before the
expiration date printed on the registration certificate.
(b) If the renewal fee and required documentation are not
received by the expiration date, the registration shall expire.
It shall be grounds for disciplinary sanction if, after the
registration has expired, the trainee continues to perform work
for which the trainee is required to be registered.
(c) An expired registration may be renewed or reinstated
according to the same rules that govern the renewal and
reinstatement of appraiser licenses and certifications, as
outlined in Subsections R162-102.3.2 through
R162-102.3.4.
KEY: real estate appraisals, trainees, registration
Date of Enactment or Last Substantive Amendment: October 9,
2010
Authorizing, and Implemented or Interpreted Law: 61-2b-6(4);
61-2b-8(2)(d)]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@utah.gov.