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H.B. 149 Enrolled
AN ACT RELATING TO REAL ESTATE; REVISING AND RENAMING THE REAL ESTATE
APPRAISER LICENSING AND CERTIFICATION ACT; REVISING AND RENAMING THE
REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD; PHASING OUT
STATE-REGISTERED APPRAISERS; CREATING A CLASSIFICATION OF
STATE-LICENSED APPRAISERS; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17-17-2, as last amended by Chapters 12 and 147, Laws of Utah 1994
59-2-701, as last amended by Chapter 194, Laws of Utah 1992
61-2b-1, as enacted by Chapter 212, Laws of Utah 1990
61-2b-2, as last amended by Chapter 199, Laws of Utah 1998
61-2b-3, as last amended by Chapter 131, Laws of Utah 1996
61-2b-6, as last amended by Chapter 131, Laws of Utah 1996
61-2b-7, as last amended by Chapters 131 and 243, Laws of Utah 1996
61-2b-8, as last amended by Chapter 245, Laws of Utah 1991
61-2b-9, as enacted by Chapter 212, Laws of Utah 1990
61-2b-10, as last amended by Chapter 162, Laws of Utah 1993
61-2b-11, as enacted by Chapter 212, Laws of Utah 1990
61-2b-13, as last amended by Chapter 131, Laws of Utah 1996
61-2b-14, as last amended by Chapter 131, Laws of Utah 1996
61-2b-15, as last amended by Chapter 131, Laws of Utah 1996
61-2b-16, as last amended by Chapter 162, Laws of Utah 1993
61-2b-17, as last amended by Chapter 131, Laws of Utah 1996
61-2b-18, as enacted by Chapter 212, Laws of Utah 1990
61-2b-19, as enacted by Chapter 212, Laws of Utah 1990
61-2b-20, as enacted by Chapter 212, Laws of Utah 1990
61-2b-21, as enacted by Chapter 212, Laws of Utah 1990
61-2b-22, as last amended by Chapter 199, Laws of Utah 1998
61-2b-23, as enacted by Chapter 212, Laws of Utah 1990
61-2b-24, as enacted by Chapter 212, Laws of Utah 1990
61-2b-25, as enacted by Chapter 212, Laws of Utah 1990
61-2b-26, as last amended by Chapter 245, Laws of Utah 1991
61-2b-27, as enacted by Chapter 212, Laws of Utah 1990
61-2b-28, as last amended by Chapter 199, Laws of Utah 1998
61-2b-29, as last amended by Chapter 199, Laws of Utah 1998
61-2b-31, as last amended by Chapter 199, Laws of Utah 1998
61-2b-32, as enacted by Chapter 212, Laws of Utah 1990
61-2b-33, as enacted by Chapter 212, Laws of Utah 1990
61-2b-34, as last amended by Chapter 245, Laws of Utah 1991
61-2b-36, as last amended by Chapter 131, Laws of Utah 1996
61-2b-38, as last amended by Chapter 245, Laws of Utah 1991
61-2b-39, as enacted by Chapter 212, Laws of Utah 1990
61-2b-40, as last amended by Chapter 131, Laws of Utah 1996
ENACTS:
61-2b-10.5, Utah Code Annotated 1953
61-2b-15.6, Utah Code Annotated 1953
61-2b-30.5, Utah Code Annotated 1953
REPEALS:
61-2b-15.5, as last amended by Chapter 131, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-17-2 is amended to read:
17-17-2. Assessor to be registered appraiser.
(1) In addition to the requirements of Section 17-16-1 , any person elected to the office of
county assessor after November 1, 1993, shall be a state-registered, state-licensed, or state-certified
appraiser as defined in Title 61, Chapter 2b, prior to the expiration of [
on which his term of office begins.
(2) (a) If an assessor fails to meet the requirement of this section, the assessor's office is
automatically vacant.
(b) (i) In the event of a vacancy under this section, the county executive shall fill the vacancy
in the manner provided for in Sections 17-5-216 and 20A-1-508 . However, a person selected to fill
the vacancy must be a state-registered, state-licensed, or state-certified appraiser within six months
after assuming the office of county assessor.
(ii) If a state-registered, state-licensed, or state-certified appraiser cannot be found to fill a
vacancy which resulted from the requirements of this section, the county executive may contract with
a state-registered, state-licensed, or state-certified appraiser from outside the county to fill the
remainder of the term in the office of county assessor.
Section 2. Section 59-2-701 is amended to read:
59-2-701. Appraisal by certified appraisers only -- Certification of elected county
assessors.
(1) Any person performing an appraisal for purposes of establishing fair market value of real
estate or real property for the assessment roll shall be the holder of an appraiser's certificate, license,
or registration issued by the Division of Real Estate under Title 61, Chapter 2b, except uncertified,
unlicensed, or unregistered appraiser trainees may, for up to [
appointment as an appraiser trainee, appraise property under the direction of a holder of an
appraiser's certificate or registration issued by the division.
(2) The commission may prescribe additional requirements for any person performing an
appraisal for purposes of establishing fair market value for the assessment roll.
(3) The commission may, by rule, establish qualifications for personal property appraisers
exempt from registration under Title 61, Chapter 2b, Real Estate Appraiser Registration and
Certification Act.
(4) It is the duty of a county assessor, as established in Section 17-17-1 , to ensure that the
assessor's office is in compliance with this section and any additional rules or requirements for
property appraisers established by the commission.
Section 3. Section 61-2b-1 is amended to read:
61-2b-1. Title.
This chapter is known as the "Real Estate Appraiser [
Certification Act."
Section 4. Section 61-2b-2 is amended to read:
61-2b-2. Definitions.
As used in this chapter:
(1) (a) "Appraisal" means an unbiased analysis, opinion, or conclusion relating to the nature,
quality, value, or utility of specified interests in, or aspects of, identified real estate or identified real
property.
(b) Appraisals shall be classified by the nature of the assignment as a valuation appraisal,
an analysis assignment, or a review assignment in accordance with the following definitions:
(i) "Valuation appraisal" means an unbiased analysis, opinion, or conclusion that estimates
the value of an identified parcel of real estate or identified real property at a particular point in time.
(ii) "Analysis assignment" means an unbiased analysis, opinion, or conclusion that relates
to the nature, quality, or utility of identified real estate or identified real property.
(iii) "Review assignment" means an unbiased analysis, opinion, or conclusion that forms an
opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis assignment.
(2) "Appraisal Foundation" means the Appraisal Foundation that was incorporated as an
Illinois not-for-profit corporation on November 30, 1987.
(3) (a) "Appraisal report" means any communication, written or oral, of an appraisal.
(b) An appraisal report shall be classified by the nature of the assignment as a valuation
report, analysis report, or review report in accordance with the definitions provided in Subsection
(1)(b).
(c) The testimony of a person relating to the person's analyses, conclusions, or opinions
concerning identified real estate or identified real property is considered to be an oral appraisal
report.
(4) "Board" means the Real Estate Appraiser [
Board that is established [
(5) "Certified appraisal report" means a written or oral appraisal report that is certified [
(6) (a) (i) "Consultation service" means an engagement to provide a real estate valuation
service analysis, opinion, conclusion, or other service that does not fall within the definition of
appraisal.
(ii) "Consultation service" does not mean a valuation appraisal, analysis assignment, or
review assignment [
(b) Regardless of the intention of the client or employer, if a person prepares an unbiased
analysis, opinion, or conclusion, the analysis, opinion, or conclusion is considered to be an appraisal
and not a consultation service.
(7) "Contingent fee" means a fee or other form of compensation, payment of which is
dependent on or conditioned by:
(a) the reporting of a predetermined analysis, opinion, or conclusion by the person
performing the analysis, opinion, or conclusion; or
(b) achieving a result specified by the person requesting the analysis, opinion, or conclusion.
(8) "Division" means the Division of Real Estate of the Department of Commerce.
(9) "Federally related transaction" means any real estate related transaction which is required
by federal law or by federal regulation to be supported by an appraisal prepared by a state certified
appraiser.
(10) "Real estate" means an identified parcel or tract of land including improvements if any.
(11) "Real estate appraisal activity" means the act or process of making an appraisal of real
estate or real property and preparing an appraisal report.
(12) "Real estate related transaction" means:
(a) the sale, lease, purchase, investment in, or exchange of real property or an interest in real
property, or the financing of such a transaction;
(b) the refinancing of real property or an interest in real property; or
(c) the use of real property or an interest in real property as security for a loan or investment,
including mortgage-backed securities.
(13) "Real property" means one or more defined interests, benefits, or rights inherent in the
ownership of real estate.
(14) "Senior appraiser" means a person grandfathered under this chapter who holds a current,
valid state registration as a real estate appraiser whose registration was issued to the person based
on the person's experience or designation as a member in good standing in an appraisal organization
that is a member of the Appraisal Foundation.
(15) "State-certified general appraiser" means a person who holds a current, valid
certification as a state-certified general appraiser issued [
[
(16) "State-certified residential appraiser" means a person who holds a current, valid
certification as a state-certified residential real estate appraiser issued [
of this chapter. [
(17) "State-licensed appraiser" means a person who holds a current, valid license as a
state-licensed appraiser issued under the provisions of this chapter.
[
registration as a real estate appraiser issued [
[
conclusion relating to the nature, quality, value, or utility or identified real estate or identified real
property that is prepared by a person who is employed or retained to act, or would be perceived by
third parties or the public as acting, as a disinterested third party in rendering the analysis, opinion,
or conclusion.
Section 5. Section 61-2b-3 is amended to read:
61-2b-3. License or certification required.
(1) [
valuable consideration, an appraisal, an appraisal report, a certified appraisal report, or perform a
consultation service relating to real estate or real property in this state without first being registered,
licensed, or certified in accordance with the provisions of this chapter.
(2) This section does not apply to:
(a) a real estate broker or sales agent as defined by Section 61-2-2 licensed by this state who,
in the ordinary course of his business, gives an opinion:
(i) regarding the value of real estate;
(ii) to a potential seller or third party recommending a listing price of real estate; or
(iii) to a potential buyer or third party recommending a purchase price of real estate;
(b) an employee of a company who states an opinion of value or prepares a report containing
value conclusions relating to real estate or real property solely for the company's use;
(c) any official or employee of a government agency while acting solely within the scope of
his duties, unless otherwise required by Utah law;
(d) an auditor or accountant who states an opinion of value or prepares a report containing
value conclusions relating to real estate or real property while performing an audit;
(e) an individual, except an individual who is required to be registered, licensed, or certified
under this chapter, who states an opinion about the value of property in which he has an ownership
interest;
(f) an individual who states an opinion of value if no consideration is paid or agreed to be
paid for the opinion and no other party is reasonably expected to rely on the individual's appraisal
expertise;
(g) an individual, such as a researcher or a secretary, who does not render significant
professional assistance, as defined by the board, in arriving at a real estate appraisal analysis,
opinion, or conclusion; or
(h) an attorney authorized to practice law in this state who, in the course of his practice,
utilizes an appraisal report governed by this chapter or who states an opinion of the value of real
estate.
(3) No opinion of value or report containing value conclusions exempt under Subsection (2)
may be referred to as an appraisal.
Section 6. Section 61-2b-6 is amended to read:
61-2b-6. Duties and powers of division.
(1) The division shall have the following powers and duties:
(a) The division shall:
(i) receive applications for [
appraiser;
(ii) establish appropriate administrative procedures for the processing of [
applications;
(iii) issue [
chapter; and
(iv) maintain a registry of the names and addresses of individuals who are currently
[
(b) The division shall:
(i) receive applications for certification as a state-certified general appraiser[
state-certified residential appraiser[
(ii) establish appropriate administrative procedures for the processing of [
applications;
(iii) issue certificates to qualified applicants pursuant to the provisions of this chapter; and
(iv) maintain a registry of the names and addresses of individuals who are currently
registered, licensed, or certified [
(c) The division shall hold public hearings under the direction of the board.
(d) (i) The division shall, at its option, solicit bids and enter into contracts with one or more
educational testing services or organizations for the preparation of a bank of questions and answers
approved by the board for [
(ii) administer or contract for the administration of licensing and certification examinations
as may be required to carry out its responsibilities under this chapter.
(e) The division shall provide administrative assistance to the board by providing to the
board the facilities, equipment, supplies, and personnel that are required to enable the board to carry
out its responsibilities under this chapter.
(f) The division shall assist the board in upgrading and improving the quality of the
education and examinations required under this chapter.
(g) The division shall assist the board in improving the quality of the continuing education
available to persons registered, licensed, and certified under this chapter.
(h) The division shall assist the board with respect to the proper interpretation or explanation
of the Uniform Standards of Professional Appraisal Practice as required by Section 61-2b-27 when
an interpretation or explanation becomes necessary in the enforcement of this chapter.
(i) The division shall collect all registration, licensing, and certification fees required or
permitted by this chapter.
(j) The division may:
(i) investigate complaints against persons registered, licensed, or certified under this chapter;
(ii) subpoena witnesses and the production of books, documents, records, and other papers;
(iii) administer oaths; and
(iv) take testimony and receive evidence concerning all matters within its jurisdiction.
(k) The division may promote research and conduct studies relating to the profession of real
estate appraising and sponsor real estate appraisal educational activities.
(l) The division shall adopt, with the concurrence of the board, rules for the administration
of this chapter pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, that are not
inconsistent with the provisions of this chapter or the constitution and laws of this state or of the
United States.
(m) The division shall employ an appropriate staff to investigate allegations that persons
registered, licensed, or certified under this chapter failed to comply with the terms and provisions
of this chapter.
(n) The division may employ such other professional, clerical, and technical staff as may be
necessary to properly administer the work of the division under this chapter.
(2) (a) The division shall register expert witnesses who are not otherwise registered, licensed,
or certified under this chapter to appear in all administrative and judicial tax proceedings to provide
evidence related to the valuation of real property that is assessed by the tax commission, provided
that the:
(i) registration is limited to a specific proceeding;
(ii) registration is valid until the proceeding becomes final;
(iii) applicant pays [
(iv) applicant provides the applicant's name, address, occupation, and professional
credentials; and
(v) applicant signs a sworn statement that:
(A) the applicant is competent to render an appraisal and to testify as an expert witness in
the proceeding; and
(B) the appraisal and testimony to be offered shall be in accordance with the Uniform
Standards of Professional Appraisal Practice adopted by the board.
(b) The provisions of [
administrative and judicial property tax proceedings related to the valuation of real property that is
assessed by the tax commission, including those filed but which are not final as of May 3, 1994.
(3) The division shall be immune from any civil action or criminal prosecution for initiating
or assisting in any lawful investigation of the actions of or participating in any disciplinary
proceeding concerning a person registered, licensed, or certified pursuant to this chapter if the action
is taken without malicious intent and in the reasonable belief that the action was taken pursuant to
the powers and duties vested in the members of the division under this chapter.
Section 7. Section 61-2b-7 is amended to read:
61-2b-7. Board established -- Composition -- Qualifications -- Terms of office --
Expenses.
(1) (a) There is established a Real Estate Appraiser [
Certification Board which shall consist of seven members[
(i) one state-licensed appraiser;
(ii) three state-certified appraisers;
(iii) two members of the general public; and
(iv) the Commissioner of the Department of Financial Institutions or his designee.
(b) All members of the board shall be appointed by the governor with the advice and consent
of the Senate.
[
[
[
expire, the governor shall appoint each new member or reappointed member to a four-year term
beginning on July 1.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) Upon the expiration of his term, a member of the board shall continue to hold office until
the appointment and qualification of his successor.
(d) No person may serve as a member of the board for more than two consecutive terms.
[
be appointed for the unexpired term.
(b) The governor may remove a board member for cause.
[
this chapter.
[
be given for all board meetings.
[
preside at board meetings. A quorum of the board shall be four members.
[
or benefits for their services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the commission at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 8. Section 61-2b-8 is amended to read:
61-2b-8. Duties of board.
The board shall provide technical assistance to the division relating to real estate appraisal
standards and real estate appraiser qualifications and shall have the following responsibilities,
powers, and duties:
(1) The board shall:
(a) determine the experience, education, and examination requirements appropriate for
persons registered or licensed under this chapter;
(b) determine the experience, education, and examination requirements appropriate for
persons certified under this chapter in compliance with the minimum requirements of Financial
Institutions Reform, Recovery, and Enforcement Act of 1989, [
(c) develop programs to upgrade and improve the experience, education, and examinations
as required under this chapter[
[
(2) The experience, education, and examination requirements established by the board for
persons certified under this chapter shall be the minimum criteria established by the Appraiser
Qualification Board of the Appraisal Foundation, [
provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the board has found that
the minimum criteria are not appropriate for state-certified appraisers in this state in which case the
board shall recommend appropriate criteria to the Legislature.
(3) The board shall determine the continuing education requirements appropriate for the
renewal of licenses and certifications issued under this chapter, develop programs to upgrade and
improve continuing education, and recommend to the division available continuing education
courses that meet the requirements of this chapter.
(4) The board shall consider the proper interpretation or explanation of the Uniform
Standards of Professional Appraisal Practice as required by Section 61-2b-27 when an interpretation
or explanation becomes necessary in the enforcement of this chapter, and when the Appraisal
Standards Board of the Appraisal Foundation has not as yet issued an interpretation or explanation,
and shall recommend to the division the appropriate interpretation or explanation that the division
should adopt as a rule under this chapter.
(5) The board shall develop and establish or approve the examination specifications and the
minimum score required to pass the examinations for licensure and certification.
(6) The board shall review the:
(a) bank of questions and answers that comprise the examination for persons licensed and
certified under this chapter;
(b) procedure that is established for selecting individual questions from the bank of questions
for use in each scheduled examination; and
(c) questions in the bank of questions and the related answers to determine whether they
meet the examination specifications established by the board.
(7) (a) The board shall conduct administrative hearings, not delegated by the board to an
administrative law judge, in connection with all disciplinary proceedings under Sections 61-2b-30
and 61-2b-31 concerning persons registered, licensed, or certified under this chapter and their failure
to comply with the provisions of this chapter and the Uniform Standards of Professional Appraisal
Practice as adopted under Section 61-2b-27 .
(b) The board shall issue in each administrative hearing a decision that contains findings of
fact and conclusions of law.
(c) When a determination is made that a person registered, licensed, or certified under this
chapter has violated any provision of this chapter, the division shall implement disciplinary action
determined by the board.
(8) The members of the board shall be immune from any civil action or criminal prosecution
for any disciplinary proceeding concerning a person registered, licensed, or certified under this
chapter if the action is taken without malicious intent and in the reasonable belief that the action
taken was taken pursuant to the powers and duties vested in the members of the board under this
chapter.
(9) The board shall require and pass upon proof necessary to determine the honesty,
competency, integrity, and truthfulness of each applicant for original or renewal registration,
licensure, or certification.
Section 9. Section 61-2b-9 is amended to read:
61-2b-9. Licensure or certification required -- Application.
Any individual who prepares or causes to be prepared an appraisal, an appraisal report, or
a certified appraisal report in this state, in order to lawfully engage in such activity in this state, shall:
(1) make application in writing for registration, licensure, or certification as provided in this
chapter in the form as the division may prescribe; and
(2) become registered, licensed, or certified under this chapter.
Section 10. Section 61-2b-10 is amended to read:
61-2b-10. State-licensed appraiser -- Authority and qualifications.
(1) A [
property in this state if the appraisal:
(a) is not performed in conjunction with a federally related transaction; or
(b) does not exceed the [
Institutions Reform, Recovery, and Enforcement Act of 1989, and related federal regulations.
(2) A [
(3) To qualify as a [
(a) be of good moral character; [
(b) pass the licensing examination with a satisfactory score as determined by the board;
[
approved by the board that relate to:
(i) real estate appraisal;
(ii) the Uniform Standards of Professional Appraisal Practice; and
(iii) ethical rules to be observed by a real estate appraiser as required by Section 61-2b-27 [
and
(d) possess the minimum number of hours of experience in real property appraisal as
established by rule.
(4) The courses of study under Subsection (3)(b) shall be conducted by:
(a) an accredited university, college, or junior college;
(b) an approved appraisal society, institute, or association; or
(c) such other school as the board may approve.
(5) The board shall require and pass upon proof necessary to determine the honesty,
competency, integrity, and truthfulness of each applicant.
Section 11. Section 61-2b-10.5 is enacted to read:
61-2b-10.5. State-registered appraisers -- Authority -- Transition to state-licensed or
state-certified appraisers.
(1) Any person who was registered as a state-registered appraiser under this chapter prior
to May 3, 1999, shall have the same authority as a state-licensed appraiser under this chapter for as
long as the registration of that person remains current but in no event after May 3, 2001.
(2) No new registrations shall be issued by the division except as provided in Subsection
61-2b-6 (2).
(3) The division may renew registrations of persons who were previously registered as
state-registered appraisers under this chapter until May 3, 2001. All registrations renewed under this
Subsection (3) shall expire on May 3, 2001.
(4) Any person who was registered as a state-registered appraiser under this chapter prior
to May 3, 1999, may have that registration converted to a license or certification if that person meets
the requirements for licensure or certification under this chapter.
Section 12. Section 61-2b-11 is amended to read:
61-2b-11. Curriculum to be determined by board.
In making its determinations with respect to the courses of study required by Section
61-2b-10 , the board shall give weight to courses which teach one or more of the following:
(1) knowledge of technical terms commonly used in or related to real estate appraising,
appraisal report writing, and economic concepts applicable to real estate;
(2) an understanding of the basic principles of land economics, the basic principles of the
real estate appraisal process, and the problems likely to be encountered in gathering, interpreting, and
processing the data required in the real estate appraisal process;
(3) an understanding of the standards for the development and communication of real estate
appraisals as provided in this chapter;
(4) an understanding of the ethical rules that a real estate appraiser is required to observe;
(5) knowledge of theories of depreciation, cost estimating, methods of capitalization, and
the mathematics of real estate appraisal;
(6) an understanding of basic real estate law; and
(7) an understanding of the types of misconduct for which disciplinary proceedings may be
initiated against a person [
Section 13. Section 61-2b-13 is amended to read:
61-2b-13. State-certified appraisers -- Authority.
[
[
[
[
[
which a[
state-certified residential appraiser is authorized to appraise 1-4 unit residential real estate in
federally related transactions so long as net income capitalization analysis is not required by the
terms of the assignment. A state-certified residential appraiser is also authorized to appraise building
lots, vacant land, and subdivisions in federally related transactions so long as discounted cash flow
analysis is not required by the terms of the assignment.
[
Section 14. Section 61-2b-14 is amended to read:
61-2b-14. State-certified residential appraiser -- Application.
(1) Each applicant for certification as a residential appraiser shall provide to the division
evidence [
(a) of completion of the certification examination with a satisfactory score as determined by
the board; [
(b) of satisfactory completion of not less than 120 classroom hours of education or their
equivalent as required under this chapter[
[
[
[
experience in real property appraisal[
rule; and
[
acquired within a reasonable period, as determined by the board, immediately preceding the filing
of the application for certification.
[
for examination, a detailed listing of the real estate appraisal reports, or file memoranda for each year
for which experience is claimed and a sample of appraisal reports which the applicant has prepared
in the course of his appraisal practice.
[
must successfully complete courses of study approved by the board which relate to real estate
appraisal theory and practice, including a course of study approved by the board which relates
specifically to the Uniform Standards of Professional Appraisal Practice adopted under Section
61-2b-27 , to the ethical rules to be observed by a real estate appraiser, and to the provisions of this
chapter.
(b) The courses of study referred to in [
(i) an accredited university, college, or junior college;
(ii) an approved appraisal society, institute, or association; or
(iii) such other school as may be approved by the board.
Section 15. Section 61-2b-15 is amended to read:
61-2b-15. State-certified general appraiser -- Application -- Qualifications.
(1) Each applicant for certification as a general appraiser shall provide to the division
evidence [
(a) of completion of the certification examination with a satisfactory score as determined by
the board; [
(b) of satisfactory completion of [
180 classroom hours of education or their equivalent as required under this chapter;
[
[
[
real property appraisal[
[
was acquired within a reasonable period, as determined by the board, immediately preceding the
filing of the application for certification.
[
[
[
(2) To meet the 180 classroom hours required by Subsection(1)(b), an applicant must
successfully complete courses of study approved by the board which relate to real estate appraisal
theory and practice, including a course of study approved by the board which relates specifically to
the Uniform Standards of Professional Appraisal Practice adopted under Section 61-2b-27 , to the
ethical rules to be observed by a real estate appraiser, and to the provisions of this chapter.
Section 16. Section 61-2b-15.6 is enacted to read:
61-2b-15.6. Conversion of senior appraisers to state-licensed appraisers.
(1) Any person who was registered under this chapter as a senior appraiser prior to May 3,
1999, shall automatically have his registration converted to a license as a state-licensed appraiser.
(2) The division shall issue licenses to all persons qualified under Subsection (1).
(3) The division may not issue any new registrations as senior appraisers.
Section 17. Section 61-2b-16 is amended to read:
61-2b-16. Certification and licensing examinations.
(1) [
only be issued to a person who is of good moral character and has demonstrated through a written
examination process that he possesses:
(a) knowledge of technical terms commonly used in or related to real estate appraising,
appraisal report writing, and economic concepts applicable to real estate;
(b) an understanding of the basic principles of land economics, the basic principles of the
real estate appraisal process, and the problems likely to be encountered in gathering, interpreting, and
processing the data that is required in the real estate appraisal process;
(c) an understanding of the standards for the development and communication of real estate
appraisals as provided in this chapter;
(d) an understanding of the ethical rules that a real estate appraiser is required to observe;
(e) knowledge of theories of depreciation, cost estimating, methods of capitalization, and
the mathematics of real estate appraisal that are appropriate for the classification of certification or
licensure for which the applicant has applied;
(f) knowledge of other principles and procedures appropriate for the classification of
certification or licensure for which the applicant has applied;
(g) an understanding of basic real estate law; and
(h) an understanding of the types of misconduct for which disciplinary proceedings may be
initiated against a person certified or licensed under this chapter.
(2) The board shall require and pass upon proof necessary to determine the honesty,
competency, integrity, and truthfulness of each applicant.
Section 18. Section 61-2b-17 is amended to read:
61-2b-17. State-certified and state-licensed appraisers -- Restrictions on use of terms
-- Conduct prohibited.
(1) (a) The terms "state-certified general appraiser," "state-certified residential appraiser,"
"state-licensed appraiser," "state-registered appraiser," and "senior appraiser" may only be used to
refer to an individual who is certified, licensed, or registered under this chapter and may not be used
following, or immediately in connection with, the name or signature of a firm, partnership,
corporation, or group, or in any manner that it might be interpreted as referring to a firm, partnership,
corporation, group, or to anyone other than the individual who is certified, registered, or licensed
under this chapter.
(b) This requirement shall not be construed to prevent a state-certified general appraiser from
signing an appraisal report on behalf of a corporation, partnership, firm, or group practice if it is clear
that only the individual is certified and that the corporation, partnership, firm, or group practice is
not.
(c) Except as provided in Section 61-2b-25 , no certificate, registration, or license may be
issued under the provisions of this chapter to a corporation, partnership, firm, or group.
(2) (a) No person other than a state-certified general appraiser[
appraiser, [
designation, or abbreviation likely to create the impression of certification in this state as a
[
(b) No person other than a state-licensed appraiser may assume or use any title, designation,
or abbreviation likely to create the impression of licensure in this state as a real estate appraiser.
(3) (a) Only an individual who has qualified under the certification requirements of Sections
61-2b-14 and 61-2b-15 is authorized to prepare and sign a certified appraisal report relating to real
estate or real property in this state.
(b) If a certified appraisal report is prepared and signed by a state-certified residential
appraiser, the certified appraisal report shall state, immediately following the signature on the report,
"State-Certified Residential Appraiser."
(c) If a certified appraisal report is prepared and signed by a state-certified general appraiser,
the certified appraisal report shall state, immediately following the signature on the report,
"State-Certified General Appraiser."
(d) An appraisal report prepared by a [
immediately following the signature on the report, [
[
related transactions [
(e) When signing a certified appraisal report, a state-certified appraiser shall also place on
the report, immediately below his signature, a seal on the report showing his certificate number and
its expiration date.
(f) A state-certified residential appraiser may not prepare a certified appraisal report outside
his area of expertise as defined in Section 61-2b-13 . However, a state-certified residential appraiser
may prepare an appraisal report for any type property for which a [
appraiser is authorized to appraise under Section 61-2b-10 .
(g) [
state-licensed appraiser or state-registered appraiser who assisted in the preparation of a certified
appraisal report is authorized to cosign the certified appraisal report.
(4) A person who has not qualified under either Section 61-2b-14 or 61-2b-15 may not
describe or refer to any appraisal or appraisal report relating to real estate or real property in this state
by the terms "certified appraisal" or "certified appraisal report."
Section 19. Section 61-2b-18 is amended to read:
61-2b-18. Application for certification, registration, or licensure.
(1) Applications for original certification, registration as an expert witness, or licensure and
renewal of certification, registration, or licensure shall be made in writing to the division on forms
approved by the division.
(2) The payment of the appropriate fee, as fixed by the division with the concurrence of the
board in accordance with Section 63-38-3.2 , must accompany all applications for original
certification, registration as an expert witness, or licensure and renewal of certification, registration,
or licensure.
(3) (a) At the time of filing an application for original certification, registration as an expert
witness, or licensure or for renewal of certification, registration, or licensure, each applicant shall
sign a pledge to comply with the Uniform Standards of Professional Appraisal Practice and the
ethical rules to be observed by an appraiser that are established under Section 61-2b-27 for
[
appraisers under this chapter.
(b) Each applicant shall also certify that he understands the types of misconduct, as set forth
in this chapter, for which disciplinary proceedings may be initiated against persons certified,
registered, or licensed under this chapter.
Section 20. Section 61-2b-19 is amended to read:
61-2b-19. Expiration of registration, license, or certification.
(1) The initial registration, license, or certification issued under this chapter expires on the
expiration date indicated on the registration, license, or certificate.
(2) A renewal registration, license, or certification issued under this chapter expires two
years from the date of issuance except as provided in Section 61-2b-10.5 .
(3) The scheduled expiration date of the registration, license, or certification shall appear on
the registration, license, or certification document and no other notice of its expiration need be given
to its holder.
Section 21. Section 61-2b-20 is amended to read:
61-2b-20. Renewal of registration, license, or certification.
(1) To obtain a renewal of a registration, license, or certification under this chapter, the
holder of a current, valid registration, license, or certification shall, in compliance with procedures
established by the division and the board, make application and pay the prescribed fee to the division
prior to the expiration date of the registration, license, or certification then held.
(2) The application for renewal of a registration, license, or certification shall be
accompanied by evidence in the form prescribed by the division of having completed the continuing
education requirements for renewal specified in this chapter.
(3) A registration, license, or certification expires if it is not renewed on or before its
expiration date.
(a) For a period of 30 days after the expiration date, a registration, license, or certification
may be reinstated upon payment of a renewal fee and a late fee determined by the division and the
board in addition to satisfying the continuing education requirements specified in Section 61-2b-40
[
(b) After the 30-day period, and until six months after the expiration date, the registration,
license, or certification may be reinstated by paying a renewal fee and a reinstatement fee determined
by the division and the board in addition to satisfying the continuing education requirements
specified in Section 61-2b-40 [
(4) A person who does not renew his registration, license, or certification within six months
after the expiration date shall be [
application.
Section 22. Section 61-2b-21 is amended to read:
61-2b-21. Denial of licensure or certification.
The division may, upon compliance with the provisions of Title 63, Chapter 46b, [
Administrative Procedures Act, deny the issuance of a registration, license, or certification to an
applicant on any of the grounds enumerated in this chapter.
Section 23. Section 61-2b-22 is amended to read:
61-2b-22. Licensing or certification requirements for nonresidents -- Temporary
permits -- Revocation.
(1) Each applicant for registration, licensure, or [
not a resident of this state shall submit with his application an irrevocable consent that service of
process upon him may be made by delivery of the process to the director of the division if, in an
action against the applicant in a court of this state arising out of the applicant's activities as a real
estate appraiser in this state, the plaintiff cannot, in the exercise of due diligence, obtain personal
service upon the applicant.
(2) A nonresident of this state who has complied with the provisions of Subsection (1) may
obtain a registration, license, or certification in this state by complying with all of the provisions of
this chapter relating to registration, licensure, or certification.
(3) A nonresident of this state who has complied with the provisions of Subsection (1) may
obtain a temporary [
of real estate or real property in this state. To qualify for the issuance of a temporary [
license or certification, an applicant must:
(a) submit an application on a form approved by the division;
(b) submit evidence that he is [
primarily conducts business;
(c) certify that no formal charges alleging violation of state appraisal [
or certification laws have been filed against the applicant by the applicant's state of domicile; and
(d) pay an application fee in an amount established by the division with the concurrence of
the board.
(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division, with the concurrence of the board, shall make rules establishing the duration of a temporary
permit and procedures for renewal of a temporary permit.
(5) A temporary permit issued under this section shall be immediately and automatically
revoked if the appraiser's license or certification is suspended or revoked in the appraiser's state of
domicile.
(6) Any person whose license or certification has been revoked under Subsection (5) is
entitled to a postrevocation hearing to challenge the revocation. The hearing shall be conducted in
accordance with Title 63, Chapter 46b, Administrative Procedures Act.
Section 24. Section 61-2b-23 is amended to read:
61-2b-23. Reciprocal licensure.
An applicant for [
licensed or certified under the [
[
division and the board, if, in the determination of the division and the board:
(1) the state, territory, or the District of Columbia is considered to have substantially
equivalent [
(2) the laws of that state, territory, or the District of Columbia accord substantially equal
reciprocal rights to a person [
(3) no formal charges alleging violation of state appraisal [
certification laws have been filed against the applicant by the applicant's state of domicile.
Section 25. Section 61-2b-24 is amended to read:
61-2b-24. Licensing or certification documents -- Assigned number to be used on
contracts -- Surrender of documents upon suspension -- Inspection of documents.
(1) The division shall issue to each person registered, licensed, or certified under this chapter
a document stating that the person has been registered, licensed, or certified under this chapter and
specifying the expiration date of the registration, license, or certification.
(2) (a) A registration, license, or certification document issued under this chapter shall bear
a registration, license, or certification number assigned by the division.
(b) The [
contracts, or other instruments used by the registration, license, or certificate holder when reference
is made to his status as [
(3) Registration, licensing, and certification documents remain the property of the state.
Upon any suspension or revocation of a registration, license, or certification under this chapter, the
individual holding the respective documents shall immediately return the document to the division,
together with any stamps or seals used for certified appraisal reports.
(4) The division shall maintain and keep open for public inspection during office hours a
complete and properly indexed record of all registration, licensing, and certification documents
issued, registrations, licenses, and certifications renewed, and registrations, licenses, and
certifications revoked, cancelled, or suspended under the provisions of this chapter. A copy of any
such record shall be made available to the public, upon application to the division, at a price per copy
as fixed by the division.
Section 26. Section 61-2b-25 is amended to read:
61-2b-25. Other law unaffected.
Nothing contained in this chapter shall be considered to prohibit any person registered,
licensed, or certified under this chapter from engaging in the practice of real estate appraising as a
professional corporation or a limited liability company in accordance with the provisions of Title 16,
Chapter 11, [
Company Act.
Section 27. Section 61-2b-26 is amended to read:
61-2b-26. Principal place of business -- Display of documents.
(1) Each person registered, licensed, or certified under this chapter shall designate and
maintain a principal place of business and shall conspicuously display his registration, license, or
certification.
(2) Upon any change of his principal business location or home address, a person registered,
licensed, or certified under this chapter shall promptly give notice in writing to the division within
ten business days of the change.
(3) A nonresident registrant, licensee, or certificate holder [
maintain a place of business in this state if he maintains an active place of business in his state of
domicile.
Section 28. Section 61-2b-27 is amended to read:
61-2b-27. Professional conduct -- Uniform standards.
(1) (a) Each person registered, licensed, or certified under this chapter must comply with
generally accepted standards of professional appraisal practice and generally accepted ethical rules
to be observed by a real estate appraiser.
(b) Generally accepted standards of professional appraisal practice are currently evidenced
by the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal
Foundation.
(c) After a public hearing held in accordance with the provisions of Title 63, Chapter 46a,
[
or additions to the Uniform Standards of Professional Appraisal Practice as the board considers
appropriate to comply with the Financial Institutions Reform, Recovery, and Enforcement Act of
1989.
(2) If the Appraisal Standards Board of the Appraisal Foundation modifies the Uniform
Standards of Professional Appraisal Practice, issues supplemental appraisal standards which it
considers appropriate for residential real estate appraisers or for general real estate appraisers, or
issues ethical rules to be observed by a real estate appraiser and requests the board to consider the
adoption of the modified or supplemental standards or ethical rules, the board shall schedule a public
hearing pursuant to the provisions of Title 63, Chapter 46a, [
Act, for the purpose of deciding whether or not it should require the modified or supplemental
standards or the ethical rules to be observed by persons registered, licensed, or certified under this
chapter.
(3) If, after the notice and public hearing the board finds that the modified or supplemental
standards or the ethical rules issued by the Appraisal Standards Board of the Appraisal Foundation
are appropriate for persons registered, licensed, or certified under this chapter, the board shall
recommend rules requiring all persons registered, licensed, or certified under this chapter to observe
the modified or supplemental standards or the ethical rules.
(4) A copy of each such rule adopted by the division shall be mailed to the business address
of each person currently registered, licensed, or certified under this chapter.
Section 29. Section 61-2b-28 is amended to read:
61-2b-28. Enforcement -- Investigation -- Orders -- Hearings.
(1) The division may investigate the actions of any person registered, licensed, or certified
under this chapter, or an applicant for registration, licensure, certification, or renewal, and may
initiate an agency action in accordance with Title 63, Chapter 46b, Administrative Procedures Act,
to impose disciplinary action on a person registered, licensed, or certified under this chapter or to
deny issuance to an applicant of an original or renewal registration, license, or certification.
(2) The division may subpoena witnesses, take evidence, and require by subpoena duces
tecum the production of books, papers, contracts, records, other documents, or information relevant
to the investigation. The division may serve subpoenas by certified mail. Each failure to respond
to a subpoena by a person registered, licensed, or certified under this chapter is considered to be a
separate violation of this chapter.
(3) (a) If the director has reason to believe that any person has been or is engaging in acts
constituting violations of this chapter, and if it appears to the director that it would be in the public
interest to stop these acts, he shall issue and serve upon the person an order directing that person to
cease and desist from those acts.
(b) Within ten days after receiving the order, the person upon whom the order is served may
request an adjudicative proceeding.
(c) Pending the hearing, the cease and desist order shall remain in effect.
(d) If a request for hearing is made, the division shall follow the procedures and
requirements of Title 63, Chapter 46b, Administrative Procedures Act.
(4) (a) After the hearing, if the board agrees that the acts of the person violate this chapter,
the board shall issue an order making the cease and desist order permanent.
(b) If no hearing is requested and if the person fails to cease the acts, or after discontinuing
the acts, again commences the acts, the [
of the Department of Commerce and Division of Real Estate, in the district court in the county in
which the acts occurred or where the person resides or carries on business, to enjoin and restrain the
person from violating this chapter.
(5) The remedies and action provided in this section do not limit, interfere with, or prevent
the prosecution of any other remedies or actions including criminal proceedings.
Section 30. Section 61-2b-29 is amended to read:
61-2b-29. Disciplinary action -- Grounds.
The board may order disciplinary action against any person registered, licensed, or certified
under this chapter. Board action may include revoking, suspending, or placing a person's
registration, license, or certification on probation, denying a person's original or renewal registration,
license, or certification, ordering remedial education, and imposing a civil penalty upon a person not
to exceed $1,000 per violation based on any of the following grounds for disciplinary action:
(1) procuring or attempting to procure a registration, license, or certification under this
chapter by fraud or by making a false statement, submitting false information, or making a material
misrepresentation in an application filed with the division;
(2) paying money or attempting to pay money other than the fees provided for by this chapter
to any member or employee of the division to procure a registration, license, or certification under
this chapter;
(3) an act or omission in the practice of real estate appraising which constitutes dishonesty,
fraud, or misrepresentation;
(4) entry of a judgment against a registrant, licensee, or certificate holder on grounds of
fraud, misrepresentation, or deceit in the making of an appraisal of real estate;
(5) a guilty plea to a criminal offense involving moral turpitude which is held in abeyance,
or a conviction, including a conviction based upon a plea of guilty or nolo contendere, of a criminal
offense involving moral turpitude;
(6) engaging in the business of real estate appraising under an assumed or fictitious name
not properly registered in this state;
(7) paying a finder's fee or a referral fee to a person not registered, licensed, or certified
under this chapter in connection with an appraisal of real estate or real property in this state;
(8) making a false or misleading statement in that portion of a written appraisal report that
deals with professional qualifications or in any testimony concerning professional qualifications;
(9) violating or disregarding any provision of this chapter, an order of the board, or any rule
issued under this chapter;
(10) violation of the confidential nature of governmental records to which a person
registered, licensed, or certified under this chapter gained access through employment or engagement
as an appraiser by a governmental agency;
(11) acceptance of a contingent fee for performing an appraisal as defined in Subsection
61-2b-2 (1) if in fact the fee is or was contingent upon the appraiser reporting a predetermined
analysis, opinion, or conclusion or is or was contingent upon the analysis, opinion, conclusion, or
valuation reached or upon the consequences resulting from the appraisal assignment;
(12) unprofessional conduct as defined by statute or rule; or
(13) any other conduct which constitutes dishonest dealing.
Section 31. Section 61-2b-30.5 is enacted to read:
61-2b-30.5. Reinstatement of license or certification.
(1) An individual who has had an appraiser registration, license, or certification revoked
under this chapter may not apply for renewal of that registration, license, or certification, but may
apply for licensure or certification as prescribed for an original license or certification subject to the
limitations in Subsection (2).
(2) An applicant for licensure, certification, or for registration as an expert witness under
Subsection (1):
(a) may not apply for licensure or certification until at least five years after the date of
revocation of the applicant's original registration, license, or certification; and
(b) is not entitled to credit for experience gained prior to the date of revocation in
determining whether the applicant meets the experience requirement for licensure or certification.
Section 32. Section 61-2b-31 is amended to read:
61-2b-31. Disciplinary hearing process.
(1) Before disciplinary action may be taken by the board against a registrant, licensee, or
certificate holder, the division shall notify the registrant, licensee, or certificate holder and
commence an adjudicative proceeding.
(2) If, after the hearing, the board determines that the registrant, licensee, or certificate holder
has violated this chapter, the board may impose disciplinary action by written order as provided in
Section 61-2b-29 .
(3) The board may conduct hearings with the assistance of an administrative law judge or
may delegate hearings to an administrative law judge. If the hearing is delegated by the board to an
administrative law judge, the judge shall submit written findings of fact, conclusions of law, and a
recommended order to the board for its consideration.
(4) (a) Any applicant, registrant, licensee, certificate holder, or person aggrieved, including
the complainant, may obtain judicial review of any adverse ruling, order, or decision of the board.
Any appeal shall be governed by the Utah Rules of Appellate Procedure.
(b) If the applicant, registrant, licensee, or certificate holder prevails in the appeal and the
court finds that the state action was undertaken without substantial justification, the court may award
reasonable litigation expenses to the applicant, registrant, licensee, or certificate holder as provided
under Title 78, Chapter 27a, Small Business Equal Access to Justice Act.
Section 33. Section 61-2b-32 is amended to read:
61-2b-32. Licensure or certification prerequisite to suit for compensation.
No person engaged in the business of real estate appraising in this state or acting in the
capacity of a real estate appraiser in this state may bring or maintain any action in any court of this
state to collect compensation for the performance of real estate appraisal services for which
registration, licensure, or certification is required by this chapter without alleging and proving that
he was the holder of a valid registration, license, or certification in this state at all times during the
performance of such services.
Section 34. Section 61-2b-33 is amended to read:
61-2b-33. Criminal penalty -- Licensure or certification following conviction.
(1) Any person required by this chapter to be registered, licensed, or certified who engages
in real estate appraisal activity in this state without obtaining a registration, license, or certification
or who violates any provision of this chapter is guilty of a class B misdemeanor punishable by a
$1,000 fine and up to six months in jail and shall be ineligible to apply for a registration, license, or
certificate for a period of one year from the date of his conviction of the offense.
(2) The division, in its discretion, may grant a registration, license, or certification to a
person ineligible pursuant to Subsection (1) within the one-year period upon application and after
an administrative hearing.
Section 35. Section 61-2b-34 is amended to read:
61-2b-34. Recordkeeping requirements.
(1) All persons registered, licensed, or certified under this chapter shall retain for a period
of five years the original or a true copy of:
(a) each written contract engaging his services for real estate or real property appraisal work;
(b) each appraisal report prepared or signed by him; and
(c) all supporting data assembled and formulated by the appraiser in preparing each appraisal
report.
(2) The five-year period for retention of records is applicable to each engagement of the
services of the appraiser and begins upon the date of the delivery of each appraisal report to the client
unless, within the five-year period, the appraiser is notified that the appraisal or the appraisal report
is involved in litigation, in which event the records must be maintained for five years, or two years
following the date of the final disposition of the litigation, whichever is longer.
(3) Upon reasonable notice, all persons registered, licensed, or certified under this chapter
shall make all records required to be maintained under this chapter available to the division for
inspection and copying.
Section 36. Section 61-2b-36 is amended to read:
61-2b-36. Contingent fees.
(1) A person registered, licensed, or certified under this chapter who enters into an agreement
to perform an appraisal as defined in Subsection 61-2b-2 (1) may not accept a contingent fee.
(2) A person registered, licensed, or certified under this chapter who enters into an agreement
to provide consultation services as defined in Subsection 61-2b-2 (6)(a)(i) may be paid a fixed fee
or a contingent fee.
(3) (a) If a person registered, licensed, or certified under this chapter enters into an agreement
to perform consultation services for a contingent fee, this fact shall be clearly stated in each oral
statement.
(b) In addition to the requirements of Subsection (3)(a), if a person registered, licensed, or
certified under this chapter prepares a written consultation report or summary, letter of transmittal,
or certification statement for a contingent fee, the person shall clearly state in the report, summary,
letter of transmittal, or certification statement that the report is prepared under a contingent fee
arrangement.
Section 37. Section 61-2b-38 is amended to read:
61-2b-38. Division to publish roster of appraisers.
The division shall prepare and issue at least once each calendar year a roster [
containing the information required by the Federal Financial Institutions Examination Council. A
copy of the roster shall be made available to the public, upon application to the division, at a
reasonable price per copy, as determined by the division. The division shall transmit the roster to
the Federal Financial Institutions Examinations Council at least annually.
Section 38. Section 61-2b-39 is amended to read:
61-2b-39. License history.
The division may, upon payment of a fee in an amount specified in rule, issue a [
Section 39. Section 61-2b-40 is amended to read:
61-2b-40. Continuing education requirements.
(1) As a prerequisite to renewal of a registration, license, or certification, [
having met the continuing education requirements of this section. [
[
[
requirement for renewal of registration, licensure, or certification shall be the completion by the
applicant, during the two-year period immediately preceding the filing of an application for renewal,
of not less than 28 classroom hours of instruction in courses or seminars that have received the
approval of the board.
(3) The division may adopt rules for the implementation of the provisions of this section to
assure that each person renewing his registration, license, or certification under this chapter has a
working knowledge of current real estate appraisal theories, practices, and techniques that will enable
the person to provide competent real estate appraisal services to the members of the public with
whom that person deals in a professional relationship under the authority of that person's
registration, license, or certificate.
(4) An amendment or repeal of a rule adopted by the division under this section shall not
operate to deprive a person [
or certification for any course of instruction that is successfully completed by the applicant prior to
the date of the amendment or repeal of the [
(5) In lieu of meeting the requirements set forth in [
applicable rules, an applicant for [
education requirements by presenting evidence of the following:
(a) completion of an educational program of study determined by the board to be equivalent,
for continuing education purposes, to courses or seminars approved by the board; or
(b) participation other than as a student in educational processes and programs approved by
the board that relate to real property appraisal theory, practices, or techniques including teaching,
program development, and preparation of textbooks, monographs, articles, and other instructional
materials.
(6) The board shall develop and propose to the division rules for the implementation of the
provisions of this section to assure that a person who renews his registration, license, or certification
has a working knowledge of current real estate appraisal theories, practices, and techniques that will
enable the person to provide competent real estate appraisal services to the members of the public
with whom that person deals in a professional relationship under the authority of that person's
registration, license, or certification. These rules shall prescribe:
(a) policies and procedures to be followed in obtaining board approval of courses of
instruction and seminars;
(b) standards, policies, and procedures to be used by the division in evaluating an applicant's
claims of equivalency; and
(c) standards, monitoring methods, and systems for recording attendance to be employed by
course and seminar sponsors as a prerequisite to division approval of courses and seminars for credit.
(7) (a) A person whose registration, license, or certification has been revoked or suspended
as the result of a disciplinary action taken by the board may not apply for reinstatement unless the
person presents evidence of completion of the continuing education requirement that is provided in
this chapter for renewal.
(b) The continuing education required under Subsection (7)(a) shall not be imposed upon
an applicant for reinstatement who has been required by the division to successfully complete the
examination for licensure or certification required by Section 61-2b-20 as a condition to
reinstatement.
Section 40. Repealer.
This act repeals:
Section 61-2b-15.5, Senior appraisers.
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