Download Zipped Introduced WP 8.0 HB0149.ZIP 41,953 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 149
1
2
3
4
5 AN ACT RELATING TO REAL ESTATE; REVISING AND RENAMING THE REAL ESTATE
6 APPRAISER LICENSING AND CERTIFICATION ACT; REVISING AND RENAMING THE
7 REAL ESTATE APPRAISER LICENSING AND CERTIFICATION BOARD; PHASING OUT
8 STATE-REGISTERED APPRAISERS; CREATING A CLASSIFICATION OF
9 STATE-LICENSED APPRAISERS; AND MAKING TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 61-2b-1, as enacted by Chapter 212, Laws of Utah 1990
13 61-2b-2, as last amended by Chapter 199, Laws of Utah 1998
14 61-2b-3, as last amended by Chapter 131, Laws of Utah 1996
15 61-2b-6, as last amended by Chapter 131, Laws of Utah 1996
16 61-2b-7, as last amended by Chapters 131 and 243, Laws of Utah 1996
17 61-2b-8, as last amended by Chapter 245, Laws of Utah 1991
18 61-2b-9, as enacted by Chapter 212, Laws of Utah 1990
19 61-2b-10, as last amended by Chapter 162, Laws of Utah 1993
20 61-2b-11, as enacted by Chapter 212, Laws of Utah 1990
21 61-2b-13, as last amended by Chapter 131, Laws of Utah 1996
22 61-2b-14, as last amended by Chapter 131, Laws of Utah 1996
23 61-2b-15, as last amended by Chapter 131, Laws of Utah 1996
24 61-2b-16, as last amended by Chapter 162, Laws of Utah 1993
25 61-2b-17, as last amended by Chapter 131, Laws of Utah 1996
26 61-2b-18, as enacted by Chapter 212, Laws of Utah 1990
27 61-2b-19, as enacted by Chapter 212, Laws of Utah 1990
28 61-2b-20, as enacted by Chapter 212, Laws of Utah 1990
29 61-2b-21, as enacted by Chapter 212, Laws of Utah 1990
30 61-2b-22, as last amended by Chapter 199, Laws of Utah 1998
31 61-2b-23, as enacted by Chapter 212, Laws of Utah 1990
32 61-2b-24, as enacted by Chapter 212, Laws of Utah 1990
33 61-2b-25, as enacted by Chapter 212, Laws of Utah 1990
34 61-2b-26, as last amended by Chapter 245, Laws of Utah 1991
35 61-2b-27, as enacted by Chapter 212, Laws of Utah 1990
36 61-2b-28, as last amended by Chapter 199, Laws of Utah 1998
37 61-2b-29, as last amended by Chapter 199, Laws of Utah 1998
38 61-2b-31, as last amended by Chapter 199, Laws of Utah 1998
39 61-2b-32, as enacted by Chapter 212, Laws of Utah 1990
40 61-2b-33, as enacted by Chapter 212, Laws of Utah 1990
41 61-2b-34, as last amended by Chapter 245, Laws of Utah 1991
42 61-2b-36, as last amended by Chapter 131, Laws of Utah 1996
43 61-2b-38, as last amended by Chapter 245, Laws of Utah 1991
44 61-2b-39, as enacted by Chapter 212, Laws of Utah 1990
45 61-2b-40, as last amended by Chapter 131, Laws of Utah 1996
46 ENACTS:
47 61-2b-10.5, Utah Code Annotated 1953
48 61-2b-15.6, Utah Code Annotated 1953
49 61-2b-30.5, Utah Code Annotated 1953
50 REPEALS:
51 61-2b-15.5, as last amended by Chapter 131, Laws of Utah 1996
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 61-2b-1 is amended to read:
54 61-2b-1. Title.
55 This chapter is known as the "Real Estate Appraiser [
56 Certification Act."
57 Section 2. Section 61-2b-2 is amended to read:
58 61-2b-2. Definitions.
59 As used in this chapter:
60 (1) (a) "Appraisal" means an unbiased analysis, opinion, or conclusion relating to the
61 nature, quality, value, or utility of specified interests in, or aspects of, identified real estate or
62 identified real property.
63 (b) Appraisals shall be classified by the nature of the assignment as a valuation appraisal,
64 an analysis assignment, or a review assignment in accordance with the following definitions:
65 (i) "Valuation appraisal" means an unbiased analysis, opinion, or conclusion that estimates
66 the value of an identified parcel of real estate or identified real property at a particular point in
67 time.
68 (ii) "Analysis assignment" means an unbiased analysis, opinion, or conclusion that relates
69 to the nature, quality, or utility of identified real estate or identified real property.
70 (iii) "Review assignment" means an unbiased analysis, opinion, or conclusion that forms
71 an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis
72 assignment.
73 (2) "Appraisal Foundation" means the Appraisal Foundation that was incorporated as an
74 Illinois not-for-profit corporation on November 30, 1987.
75 (3) (a) "Appraisal report" means any communication, written or oral, of an appraisal.
76 (b) An appraisal report shall be classified by the nature of the assignment as a valuation
77 report, analysis report, or review report in accordance with the definitions provided in Subsection
78 (1)(b).
79 (c) The testimony of a person relating to the person's analyses, conclusions, or opinions
80 concerning identified real estate or identified real property is considered to be an oral appraisal
81 report.
82 (4) "Board" means the Real Estate Appraiser [
83 Board that is established [
84
85 (5) "Certified appraisal report" means a written or oral appraisal report that is certified [
86
87
88
89 (6) (a) (i) "Consultation service" means an engagement to provide a real estate valuation
90 service analysis, opinion, conclusion, or other service that does not fall within the definition of
91 appraisal.
92 (ii) "Consultation service" does not mean a valuation appraisal, analysis assignment, or
93 review assignment [
94 (b) Regardless of the intention of the client or employer, if a person prepares an unbiased
95 analysis, opinion, or conclusion, the analysis, opinion, or conclusion is considered to be an
96 appraisal and not a consultation service.
97 (7) "Contingent fee" means a fee or other form of compensation, payment of which is
98 dependent on or conditioned by:
99 (a) the reporting of a predetermined analysis, opinion, or conclusion by the person
100 performing the analysis, opinion, or conclusion; or
101 (b) achieving a result specified by the person requesting the analysis, opinion, or
102 conclusion.
103 (8) "Division" means the Division of Real Estate of the Department of Commerce.
104 (9) "Federally related transaction" means any real estate related transaction which is
105 required by federal law or by federal regulation to be supported by an appraisal prepared by a state
106 certified appraiser.
107 (10) "Real estate" means an identified parcel or tract of land including improvements if
108 any.
109 (11) "Real estate appraisal activity" means the act or process of making an appraisal of real
110 estate or real property and preparing an appraisal report.
111 (12) "Real estate related transaction" means:
112 (a) the sale, lease, purchase, investment in, or exchange of real property or an interest in
113 real property, or the financing of such a transaction;
114 (b) the refinancing of real property or an interest in real property; or
115 (c) the use of real property or an interest in real property as security for a loan or
116 investment, including mortgage-backed securities.
117 (13) "Real property" means one or more defined interests, benefits, or rights inherent in
118 the ownership of real estate.
119 (14) "Senior appraiser" means a person grandfathered under this chapter who holds a
120 current, valid state registration as a real estate appraiser whose registration was issued to the person
121 based on the person's experience or designation as a member in good standing in an appraisal
122 organization that is a member of the Appraisal Foundation.
123 (15) "State-certified general appraiser" means a person who holds a current, valid
124 certification as a state-certified general appraiser issued [
125 chapter. [
126
127 (16) "State-certified residential appraiser" means a person who holds a current, valid
128 certification as a state-certified residential real estate appraiser issued [
129 of this chapter. [
130
131
132 (17) "State-licensed appraiser" means a person who holds a current, valid license as a
133 state-licensed appraiser issued under the provisions of this chapter.
134 [
135 registration as a real estate appraiser issued [
136
137
138
139 [
140 conclusion relating to the nature, quality, value, or utility or identified real estate or identified real
141 property that is prepared by a person who is employed or retained to act, or would be perceived
142 by third parties or the public as acting, as a disinterested third party in rendering the analysis,
143 opinion, or conclusion.
144 Section 3. Section 61-2b-3 is amended to read:
145 61-2b-3. License or certification required.
146 (1) [
147 valuable consideration, an appraisal, an appraisal report, a certified appraisal report, or perform
148 a consultation service relating to real estate or real property in this state without first being
149 registered, licensed, or certified in accordance with the provisions of this chapter.
150 (2) This section does not apply to:
151 (a) a real estate broker or sales agent as defined by Section 61-2-2 licensed by this state
152 who, in the ordinary course of his business, gives an opinion:
153 (i) regarding the value of real estate;
154 (ii) to a potential seller or third party recommending a listing price of real estate; or
155 (iii) to a potential buyer or third party recommending a purchase price of real estate;
156 (b) an employee of a company who states an opinion of value or prepares a report
157 containing value conclusions relating to real estate or real property solely for the company's use;
158 (c) any official or employee of a government agency while acting solely within the scope
159 of his duties, unless otherwise required by Utah law;
160 (d) an auditor or accountant who states an opinion of value or prepares a report containing
161 value conclusions relating to real estate or real property while performing an audit;
162 (e) an individual, except an individual who is required to be registered, licensed, or
163 certified under this chapter, who states an opinion about the value of property in which he has an
164 ownership interest;
165 (f) an individual who states an opinion of value if no consideration is paid or agreed to be
166 paid for the opinion and no other party is reasonably expected to rely on the individual's appraisal
167 expertise;
168 (g) an individual, such as a researcher or a secretary, who does not render significant
169 professional assistance, as defined by the board, in arriving at a real estate appraisal analysis,
170 opinion, or conclusion; or
171 (h) an attorney authorized to practice law in this state who, in the course of his practice,
172 utilizes an appraisal report governed by this chapter or who states an opinion of the value of real
173 estate.
174 (3) No opinion of value or report containing value conclusions exempt under Subsection
175 (2) may be referred to as an appraisal.
176 Section 4. Section 61-2b-6 is amended to read:
177 61-2b-6. Duties and powers of division.
178 (1) The division shall have the following powers and duties:
179 (a) The division shall:
180 (i) receive applications for [
181 appraiser;
182 (ii) establish appropriate administrative procedures for the processing of [
183 applications;
184 (iii) issue [
185 chapter; and
186 (iv) maintain a registry of the names and addresses of individuals who are currently
187 [
188 (b) The division shall:
189 (i) receive applications for certification as a state-certified general appraiser[
190 state-certified residential appraiser[
191 (ii) establish appropriate administrative procedures for the processing of [
192 certification applications;
193 (iii) issue certificates to qualified applicants pursuant to the provisions of this chapter; and
194 (iv) maintain a registry of the names and addresses of individuals who are currently
195 registered, licensed, or certified [
196
197 (c) The division shall hold public hearings under the direction of the board.
198 (d) (i) The division shall, at its option, solicit bids and enter into contracts with one or
199 more educational testing services or organizations for the preparation of a bank of questions and
200 answers approved by the board for [
201 (ii) administer or contract for the administration of licensing and certification examinations
202 as may be required to carry out its responsibilities under this chapter.
203 (e) The division shall provide administrative assistance to the board by providing to the
204 board the facilities, equipment, supplies, and personnel that are required to enable the board to
205 carry out its responsibilities under this chapter.
206 (f) The division shall assist the board in upgrading and improving the quality of the
207 education and examinations required under this chapter.
208 (g) The division shall assist the board in improving the quality of the continuing education
209 available to persons registered, licensed, and certified under this chapter.
210 (h) The division shall assist the board with respect to the proper interpretation or
211 explanation of the Uniform Standards of Professional Appraisal Practice as required by Section
212 61-2b-27 when an interpretation or explanation becomes necessary in the enforcement of this
213 chapter.
214 (i) The division shall collect all registration, licensing, and certification fees required or
215 permitted by this chapter.
216 (j) The division may:
217 (i) investigate complaints against persons registered, licensed, or certified under this
218 chapter;
219 (ii) subpoena witnesses and the production of books, documents, records, and other papers;
220 (iii) administer oaths; and
221 (iv) take testimony and receive evidence concerning all matters within its jurisdiction.
222 (k) The division may promote research and conduct studies relating to the profession of
223 real estate appraising and sponsor real estate appraisal educational activities.
224 (l) The division shall adopt, with the concurrence of the board, rules for the administration
225 of this chapter pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, that are
226 not inconsistent with the provisions of this chapter or the constitution and laws of this state or of
227 the United States.
228 (m) The division shall employ an appropriate staff to investigate allegations that persons
229 registered, licensed, or certified under this chapter failed to comply with the terms and provisions
230 of this chapter.
231 (n) The division may employ such other professional, clerical, and technical staff as may
232 be necessary to properly administer the work of the division under this chapter.
233 (2) (a) The division shall register expert witnesses who are not otherwise registered,
234 licensed, or certified under this chapter to appear in all administrative and judicial tax proceedings
235 to provide evidence related to the valuation of real property that is assessed by the tax commission,
236 provided that the:
237 (i) registration is limited to a specific proceeding;
238 (ii) registration is valid until the proceeding becomes final;
239 (iii) applicant pays [
240 (iv) applicant provides the applicant's name, address, occupation, and professional
241 credentials; and
242 (v) applicant signs a sworn statement that:
243 (A) the applicant is competent to render an appraisal and to testify as an expert witness in
244 the proceeding; and
245 (B) the appraisal and testimony to be offered shall be in accordance with the Uniform
246 Standards of Professional Appraisal Practice adopted by the board.
247 (b) The provisions of [
248 administrative and judicial property tax proceedings related to the valuation of real property that
249 is assessed by the tax commission, including those filed but which are not final as of May 3, 1994.
250 (3) The division shall be immune from any civil action or criminal prosecution for
251 initiating or assisting in any lawful investigation of the actions of or participating in any
252 disciplinary proceeding concerning a person registered, licensed, or certified pursuant to this
253 chapter if the action is taken without malicious intent and in the reasonable belief that the action
254 was taken pursuant to the powers and duties vested in the members of the division under this
255 chapter.
256 Section 5. Section 61-2b-7 is amended to read:
257 61-2b-7. Board established -- Composition -- Qualifications -- Terms of office --
258 Expenses.
259 (1) (a) There is established a Real Estate Appraiser [
260 Certification Board which shall consist of seven members[
261
262
263 (i) one state-licensed appraiser;
264 (ii) three state-certified appraisers;
265 (iii) two members of the general public; and
266 (iv) the Commissioner of the Department of Financial Institutions or his designee.
267 (b) All members of the board shall be appointed by the governor with the advice and
268 consent of the Senate.
269 [
270
271
272
273
274
275
276 [
277
278
279 [
280 expire, the governor shall appoint each new member or reappointed member to a four-year term
281 beginning on July 1.
282 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
283 of appointment or reappointment, adjust the length of terms to ensure that the terms of board
284 members are staggered so that approximately half of the board is appointed every two years.
285 (c) Upon the expiration of his term, a member of the board shall continue to hold office
286 until the appointment and qualification of his successor.
287 (d) No person may serve as a member of the board for more than two consecutive terms.
288 [
289 shall be appointed for the unexpired term.
290 (b) The governor may remove a board member for cause.
291 [
292 under this chapter.
293 [
294 be given for all board meetings.
295 [
296 to preside at board meetings. A quorum of the board shall be four members.
297 [
298 compensation or benefits for their services, but may receive per diem and expenses incurred in the
299 performance of the member's official duties at the rates established by the Division of Finance
300 under Sections 63A-3-106 and 63A-3-107 .
301 (ii) Members may decline to receive per diem and expenses for their service.
302 (b) (i) State government officer and employee members who do not receive salary, per
303 diem, or expenses from their agency for their service may receive per diem and expenses incurred
304 in the performance of their official duties from the commission at the rates established by the
305 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
306 (ii) State government officer and employee members may decline to receive per diem and
307 expenses for their service.
308 Section 6. Section 61-2b-8 is amended to read:
309 61-2b-8. Duties of board.
310 The board shall provide technical assistance to the division relating to real estate appraisal
311 standards and real estate appraiser qualifications and shall have the following responsibilities,
312 powers, and duties:
313 (1) The board shall:
314 (a) determine the experience, education, and examination requirements appropriate for
315 persons registered or licensed under this chapter;
316 (b) determine the experience, education, and examination requirements appropriate for
317 persons certified under this chapter in compliance with the minimum requirements of Financial
318 Institutions Reform, Recovery, and Enforcement Act of 1989, [
319
320 and
321 (c) develop programs to upgrade and improve the experience, education, and examinations
322 as required under this chapter[
323 [
324
325 (2) The experience, education, and examination requirements established by the board for
326 persons certified under this chapter shall be the minimum criteria established by the Appraiser
327 Qualification Board of the Appraisal Foundation, [
328
329 the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the board has found
330 that the minimum criteria are not appropriate for state-certified appraisers in this state in which
331 case the board shall recommend appropriate criteria to the Legislature.
332 (3) The board shall determine the continuing education requirements appropriate for the
333 renewal of licenses and certifications issued under this chapter, develop programs to upgrade and
334 improve continuing education, and recommend to the division available continuing education
335 courses that meet the requirements of this chapter.
336 (4) The board shall consider the proper interpretation or explanation of the Uniform
337 Standards of Professional Appraisal Practice as required by Section 61-2b-27 when an
338 interpretation or explanation becomes necessary in the enforcement of this chapter, and when the
339 Appraisal Standards Board of the Appraisal Foundation has not as yet issued an interpretation or
340 explanation, and shall recommend to the division the appropriate interpretation or explanation that
341 the division should adopt as a rule under this chapter.
342 (5) The board shall develop and establish or approve the examination specifications and
343 the minimum score required to pass the examinations for licensure and certification.
344 (6) The board shall review the:
345 (a) bank of questions and answers that comprise the examination for persons licensed and
346 certified under this chapter;
347 (b) procedure that is established for selecting individual questions from the bank of
348 questions for use in each scheduled examination; and
349 (c) questions in the bank of questions and the related answers to determine whether they
350 meet the examination specifications established by the board.
351 (7) (a) The board shall conduct administrative hearings, not delegated by the board to an
352 administrative law judge, in connection with all disciplinary proceedings under Sections 61-2b-30
353 and 61-2b-31 concerning persons registered, licensed, or certified under this chapter and their
354 failure to comply with the provisions of this chapter and the Uniform Standards of Professional
355 Appraisal Practice as adopted under Section 61-2b-27 .
356 (b) The board shall issue in each administrative hearing a decision that contains findings
357 of fact and conclusions of law.
358 (c) When a determination is made that a person registered, licensed, or certified under this
359 chapter has violated any provision of this chapter, the division shall implement disciplinary action
360 determined by the board.
361 (8) The members of the board shall be immune from any civil action or criminal
362 prosecution for any disciplinary proceeding concerning a person registered, licensed, or certified
363 under this chapter if the action is taken without malicious intent and in the reasonable belief that
364 the action taken was taken pursuant to the powers and duties vested in the members of the board
365 under this chapter.
366 (9) The board shall require and pass upon proof necessary to determine the honesty,
367 competency, integrity, and truthfulness of each applicant for original or renewal registration,
368 licensure, or certification.
369 Section 7. Section 61-2b-9 is amended to read:
370 61-2b-9. Licensure or certification required -- Application.
371 Any individual who prepares or causes to be prepared an appraisal, an appraisal report, or
372 a certified appraisal report in this state, in order to lawfully engage in such activity in this state,
373 shall:
374 (1) make application in writing for registration, licensure, or certification as provided in
375 this chapter in the form as the division may prescribe; and
376 (2) become registered, licensed, or certified under this chapter.
377 Section 8. Section 61-2b-10 is amended to read:
378 61-2b-10. State-licensed appraiser -- Authority and qualifications.
379 (1) A [
380 property in this state if the appraisal:
381 (a) is not performed in conjunction with a federally related transaction; or
382 (b) does not exceed the [
383 Institutions Reform, Recovery, and Enforcement Act of 1989, and related federal regulations.
384 (2) A [
385 (3) To qualify as a [
386 (a) be of good moral character; [
387 (b) pass the licensing examination with a satisfactory score as determined by the board;
388 [
389 approved by the board that relate to:
390 (i) real estate appraisal;
391 (ii) the Uniform Standards of Professional Appraisal Practice; and
392 (iii) ethical rules to be observed by a real estate appraiser as required by Section
393 61-2b-27 [
394 (d) possess the minimum number of hours of experience in real property appraisal as
395 established by rule.
396 (4) The courses of study under Subsection (3)(b) shall be conducted by:
397 (a) an accredited university, college, or junior college;
398 (b) an approved appraisal society, institute, or association; or
399 (c) such other school as the board may approve.
400 (5) The board shall require and pass upon proof necessary to determine the honesty,
401 competency, integrity, and truthfulness of each applicant.
402 Section 9. Section 61-2b-10.5 is enacted to read:
403 61-2b-10.5. State-registered appraisers -- Authority -- Transition to state-licensed
404 or state-certified appraisers.
405 (1) Any person who was registered as a state-registered appraiser under this chapter prior
406 to May 3, 1999, shall have the same authority as a state-licensed appraiser under this chapter for
407 as long as the registration of that person remains current but in no event after May 3, 2001.
408 (2) No new registrations shall be issued by the division except as provided in Subsection
409 61-2b-6 (2).
410 (3) The division may renew registrations of persons who were previously registered as
411 state-registered appraisers under this chapter until May 3, 2001. All registrations renewed under
412 this Subsection (3) shall expire on May 3, 2001.
413 (4) Any person who was registered as a state-registered appraiser under this chapter prior
414 to May 3, 1999, may have that registration converted to a license or certification if that person
415 meets the requirements for licensure or certification under this chapter.
416 Section 10. Section 61-2b-11 is amended to read:
417 61-2b-11. Curriculum to be determined by board.
418 In making its determinations with respect to the courses of study required by Section
419 61-2b-10 , the board shall give weight to courses which teach one or more of the following:
420 (1) knowledge of technical terms commonly used in or related to real estate appraising,
421 appraisal report writing, and economic concepts applicable to real estate;
422 (2) an understanding of the basic principles of land economics, the basic principles of the
423 real estate appraisal process, and the problems likely to be encountered in gathering, interpreting,
424 and processing the data required in the real estate appraisal process;
425 (3) an understanding of the standards for the development and communication of real
426 estate appraisals as provided in this chapter;
427 (4) an understanding of the ethical rules that a real estate appraiser is required to observe;
428 (5) knowledge of theories of depreciation, cost estimating, methods of capitalization, and
429 the mathematics of real estate appraisal;
430 (6) an understanding of basic real estate law; and
431 (7) an understanding of the types of misconduct for which disciplinary proceedings may
432 be initiated against a person [
433 Section 11. Section 61-2b-13 is amended to read:
434 61-2b-13. State-certified appraisers -- Authority.
435 [
436
437 [
438 [
439
440 [
441 [
442 estate which a[
443 state-certified residential appraiser is authorized to appraise 1-4 unit residential real estate in
444 federally related transactions so long as net income capitalization analysis is not required by the
445 terms of the assignment. A state-certified residential appraiser is also authorized to appraise
446 building lots, vacant land, and subdivisions in federally related transactions so long as discounted
447 cash flow analysis is not required by the terms of the assignment.
448 [
449
450 Section 12. Section 61-2b-14 is amended to read:
451 61-2b-14. State-certified residential appraiser -- Application.
452 (1) Each applicant for certification as a residential appraiser shall provide to the division
453 evidence [
454 (a) of completion of the certification examination with a satisfactory score as determined
455 by the board; [
456 (b) of satisfactory completion of not less than 120 classroom hours of education or their
457 equivalent as required under this chapter[
458 [
459
460
461
462 [
463
464 [
465 experience in real property appraisal[
466 rule; and
467 [
468 was acquired within a reasonable period, as determined by the board, immediately preceding the
469 filing of the application for certification.
470 [
471 division for examination, a detailed listing of the real estate appraisal reports, or file memoranda
472 for each year for which experience is claimed and a sample of appraisal reports which the applicant
473 has prepared in the course of his appraisal practice.
474 [
475 must successfully complete courses of study approved by the board which relate to real estate
476 appraisal theory and practice, including a course of study approved by the board which relates
477 specifically to the Uniform Standards of Professional Appraisal Practice adopted under Section
478 61-2b-27 , to the ethical rules to be observed by a real estate appraiser, and to the provisions of this
479 chapter.
480 (b) The courses of study referred to in [
481 by:
482 (i) an accredited university, college, or junior college;
483 (ii) an approved appraisal society, institute, or association; or
484 (iii) such other school as may be approved by the board.
485 Section 13. Section 61-2b-15 is amended to read:
486 61-2b-15. State-certified general appraiser -- Application -- Qualifications.
487 (1) Each applicant for certification as a general appraiser shall provide to the division
488 evidence [
489 (a) of completion of the certification examination with a satisfactory score as determined
490 by the board; [
491 (b) of satisfactory completion of [
492 180 classroom hours of education or their equivalent as required under this chapter;
493 [
494
495
496
497 [
498
499 [
500 in real property appraisal[
501 [
502 was acquired within a reasonable period, as determined by the board, immediately preceding the
503 filing of the application for certification.
504 [
505
506
507
508 [
509
510
511
512 [
513
514 (2) To meet the 180 classroom hours required by Subsection(1)(b), an applicant must
515 successfully complete courses of study approved by the board which relate to real estate appraisal
516 theory and practice, including a course of study approved by the board which relates specifically
517 to the Uniform Standards of Professional Appraisal Practice adopted under Section 61-2b-27 , to
518 the ethical rules to be observed by a real estate appraiser, and to the provisions of this chapter.
519 Section 14. Section 61-2b-15.6 is enacted to read:
520 61-2b-15.6. Conversion of senior appraisers to state-licensed appraisers.
521 (1) Any person who was registered under this chapter as a senior appraiser prior to May
522 3, 1999, shall automatically have his registration converted to a license as a state-licensed
523 appraiser.
524 (2) The division shall issue licenses to all persons qualified under Subsection (1).
525 (3) The division may not issue any new registrations as senior appraisers.
526 Section 15. Section 61-2b-16 is amended to read:
527 61-2b-16. Certification and licensing examinations.
528 (1) [
529 only be issued to a person who is of good moral character and has demonstrated through a written
530 examination process that he possesses:
531 (a) knowledge of technical terms commonly used in or related to real estate appraising,
532 appraisal report writing, and economic concepts applicable to real estate;
533 (b) an understanding of the basic principles of land economics, the basic principles of the
534 real estate appraisal process, and the problems likely to be encountered in gathering, interpreting,
535 and processing the data that is required in the real estate appraisal process;
536 (c) an understanding of the standards for the development and communication of real
537 estate appraisals as provided in this chapter;
538 (d) an understanding of the ethical rules that a real estate appraiser is required to observe;
539 (e) knowledge of theories of depreciation, cost estimating, methods of capitalization, and
540 the mathematics of real estate appraisal that are appropriate for the classification of certification
541 or licensure for which the applicant has applied;
542 (f) knowledge of other principles and procedures appropriate for the classification of
543 certification or licensure for which the applicant has applied;
544 (g) an understanding of basic real estate law; and
545 (h) an understanding of the types of misconduct for which disciplinary proceedings may
546 be initiated against a person certified or licensed under this chapter.
547 (2) The board shall require and pass upon proof necessary to determine the honesty,
548 competency, integrity, and truthfulness of each applicant.
549 Section 16. Section 61-2b-17 is amended to read:
550 61-2b-17. State-certified and state-licensed appraisers -- Restrictions on use of terms
551 -- Conduct prohibited.
552 (1) (a) The terms "state-certified general appraiser," "state-certified residential appraiser,"
553 "state-licensed appraiser," "state-registered appraiser," and "senior appraiser" may only be used to
554 refer to an individual who is certified, licensed, or registered under this chapter and may not be
555 used following, or immediately in connection with, the name or signature of a firm, partnership,
556 corporation, or group, or in any manner that it might be interpreted as referring to a firm,
557 partnership, corporation, group, or to anyone other than the individual who is certified, registered,
558 or licensed under this chapter.
559 (b) This requirement shall not be construed to prevent a state-certified general appraiser
560 from signing an appraisal report on behalf of a corporation, partnership, firm, or group practice if
561 it is clear that only the individual is certified and that the corporation, partnership, firm, or group
562 practice is not.
563 (c) Except as provided in Section 61-2b-25 , no certificate, registration, or license may be
564 issued under the provisions of this chapter to a corporation, partnership, firm, or group.
565 (2) (a) No person other than a state-certified general appraiser[
566 residential appraiser, [
567
568 as a [
569 (b) No person other than a state-licensed appraiser may assume or use any title,
570 designation, or abbreviation likely to create the impression of licensure in this state as a real estate
571 appraiser.
572 (3) (a) Only an individual who has qualified under the certification requirements of
573 Sections 61-2b-14 and 61-2b-15 is authorized to prepare and sign a certified appraisal report
574 relating to real estate or real property in this state.
575 (b) If a certified appraisal report is prepared and signed by a state-certified residential
576 appraiser, the certified appraisal report shall state, immediately following the signature on the
577 report, "State-Certified Residential Appraiser."
578 (c) If a certified appraisal report is prepared and signed by a state-certified general
579 appraiser, the certified appraisal report shall state, immediately following the signature on the
580 report, "State-Certified General Appraiser."
581 (d) An appraisal report prepared by a [
582 immediately following the signature on the report, [
583 [
584 federally related transactions [
585 (e) When signing a certified appraisal report, a state-certified appraiser shall also place on
586 the report, immediately below his signature, a seal on the report showing his certificate number
587 and its expiration date.
588 (f) A state-certified residential appraiser may not prepare a certified appraisal report
589 outside his area of expertise as defined in Section 61-2b-13 . However, a state-certified residential
590 appraiser may prepare an appraisal report for any type property for which a [
591 state-licensed appraiser is authorized to appraise under Section 61-2b-10 .
592 (g) [
593 state-licensed appraiser or state-registered appraiser who assisted in the preparation of a certified
594 appraisal report is authorized to cosign the certified appraisal report.
595 (4) A person who has not qualified under either Section 61-2b-14 or 61-2b-15 may not
596 describe or refer to any appraisal or appraisal report relating to real estate or real property in this
597 state by the terms "certified appraisal" or "certified appraisal report."
598 Section 17. Section 61-2b-18 is amended to read:
599 61-2b-18. Application for certification, registration, or licensure.
600 (1) Applications for original certification, registration as an expert witness, or licensure
601 and renewal of certification, registration, or licensure shall be made in writing to the division on
602 forms approved by the division.
603 (2) The payment of the appropriate fee, as fixed by the division with the concurrence of
604 the board in accordance with Section 63-38-3.2 , must accompany all applications for original
605 certification, registration as an expert witness, or licensure and renewal of certification,
606 registration, or licensure.
607 (3) (a) At the time of filing an application for original certification, registration as an
608 expert witness, or licensure or for renewal of certification, registration, or licensure, each applicant
609 shall sign a pledge to comply with the Uniform Standards of Professional Appraisal Practice and
610 the ethical rules to be observed by an appraiser that are established under Section 61-2b-27 for
611 [
612 appraisers under this chapter.
613 (b) Each applicant shall also certify that he understands the types of misconduct, as set
614 forth in this chapter, for which disciplinary proceedings may be initiated against persons certified,
615 registered, or licensed under this chapter.
616 Section 18. Section 61-2b-19 is amended to read:
617 61-2b-19. Expiration of registration, license, or certification.
618 (1) The initial registration, license, or certification issued under this chapter expires on the
619 expiration date indicated on the registration, license, or certificate.
620 (2) A renewal registration, license, or certification issued under this chapter expires two
621 years from the date of issuance except as provided in Section 61-2b-10.5 .
622 (3) The scheduled expiration date of the registration, license, or certification shall appear
623 on the registration, license, or certification document and no other notice of its expiration need be
624 given to its holder.
625 Section 19. Section 61-2b-20 is amended to read:
626 61-2b-20. Renewal of registration, license, or certification.
627 (1) To obtain a renewal of a registration, license, or certification under this chapter, the
628 holder of a current, valid registration, license, or certification shall, in compliance with procedures
629 established by the division and the board, make application and pay the prescribed fee to the
630 division prior to the expiration date of the registration, license, or certification then held.
631 (2) The application for renewal of a registration, license, or certification shall be
632 accompanied by evidence in the form prescribed by the division of having completed the
633 continuing education requirements for renewal specified in this chapter.
634 (3) A registration, license, or certification expires if it is not renewed on or before its
635 expiration date.
636 (a) For a period of 30 days after the expiration date, a registration, license, or certification
637 may be reinstated upon payment of a renewal fee and a late fee determined by the division and the
638 board in addition to satisfying the continuing education requirements specified in Section 61-2b-40
639 [
640 (b) After the 30-day period, and until six months after the expiration date, the registration,
641 license, or certification may be reinstated by paying a renewal fee and a reinstatement fee
642 determined by the division and the board in addition to satisfying the continuing education
643 requirements specified in Section 61-2b-40 [
644 (4) A person who does not renew his registration, license, or certification within six
645 months after the expiration date shall be [
646 an original application.
647 Section 20. Section 61-2b-21 is amended to read:
648 61-2b-21. Denial of licensure or certification.
649 The division may, upon compliance with the provisions of Title 63, Chapter 46b, [
650 Administrative Procedures Act, deny the issuance of a registration, license, or certification to an
651 applicant on any of the grounds enumerated in this chapter.
652 Section 21. Section 61-2b-22 is amended to read:
653 61-2b-22. Licensing or certification requirements for nonresidents -- Temporary
654 permits -- Revocation.
655 (1) Each applicant for registration, licensure, or [
656 is not a resident of this state shall submit with his application an irrevocable consent that service
657 of process upon him may be made by delivery of the process to the director of the division if, in
658 an action against the applicant in a court of this state arising out of the applicant's activities as a
659 real estate appraiser in this state, the plaintiff cannot, in the exercise of due diligence, obtain
660 personal service upon the applicant.
661 (2) A nonresident of this state who has complied with the provisions of Subsection (1) may
662 obtain a registration, license, or certification in this state by complying with all of the provisions
663 of this chapter relating to registration, licensure, or certification.
664 (3) A nonresident of this state who has complied with the provisions of Subsection (1) may
665 obtain a temporary [
666 appraisal of real estate or real property in this state. To qualify for the issuance of a temporary
667 [
668 (a) submit an application on a form approved by the division;
669 (b) submit evidence that he is [
670 primarily conducts business;
671 (c) certify that no formal charges alleging violation of state appraisal [
672 licensing or certification laws have been filed against the applicant by the applicant's state of
673 domicile; and
674 (d) pay an application fee in an amount established by the division with the concurrence
675 of the board.
676 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
677 division, with the concurrence of the board, shall make rules establishing the duration of a
678 temporary permit and procedures for renewal of a temporary permit.
679 (5) A temporary permit issued under this section shall be immediately and automatically
680 revoked if the appraiser's license or certification is suspended or revoked in the appraiser's state
681 of domicile.
682 (6) Any person whose license or certification has been revoked under Subsection (5) is
683 entitled to a postrevocation hearing to challenge the revocation. The hearing shall be conducted
684 in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
685 Section 22. Section 61-2b-23 is amended to read:
686 61-2b-23. Reciprocal licensure.
687 An applicant for [
688 licensed or certified under the [
689 [
690 division and the board, if, in the determination of the division and the board:
691 (1) the state, territory, or the District of Columbia is considered to have substantially
692 equivalent [
693 (2) the laws of that state, territory, or the District of Columbia accord substantially equal
694 reciprocal rights to a person [
695 (3) no formal charges alleging violation of state appraisal [
696 certification laws have been filed against the applicant by the applicant's state of domicile.
697 Section 23. Section 61-2b-24 is amended to read:
698 61-2b-24. Licensing or certification documents -- Assigned number to be used on
699 contracts -- Surrender of documents upon suspension -- Inspection of documents.
700 (1) The division shall issue to each person registered, licensed, or certified under this
701 chapter a document stating that the person has been registered, licensed, or certified under this
702 chapter and specifying the expiration date of the registration, license, or certification.
703 (2) (a) A registration, license, or certification document issued under this chapter shall bear
704 a registration, license, or certification number assigned by the division.
705 (b) The [
706 contracts, or other instruments used by the registration, license, or certificate holder when reference
707 is made to his status as [
708 (3) Registration, licensing, and certification documents remain the property of the state.
709 Upon any suspension or revocation of a registration, license, or certification under this chapter, the
710 individual holding the respective documents shall immediately return the document to the division,
711 together with any stamps or seals used for certified appraisal reports.
712 (4) The division shall maintain and keep open for public inspection during office hours
713 a complete and properly indexed record of all registration, licensing, and certification documents
714 issued, registrations, licenses, and certifications renewed, and registrations, licenses, and
715 certifications revoked, cancelled, or suspended under the provisions of this chapter. A copy of any
716 such record shall be made available to the public, upon application to the division, at a price per
717 copy as fixed by the division.
718 Section 24. Section 61-2b-25 is amended to read:
719 61-2b-25. Other law unaffected.
720 Nothing contained in this chapter shall be considered to prohibit any person registered,
721 licensed, or certified under this chapter from engaging in the practice of real estate appraising as
722 a professional corporation or a limited liability company in accordance with the provisions of Title
723 16, Chapter 11, [
724 Company Act.
725 Section 25. Section 61-2b-26 is amended to read:
726 61-2b-26. Principal place of business -- Display of documents.
727 (1) Each person registered, licensed, or certified under this chapter shall designate and
728 maintain a principal place of business and shall conspicuously display his registration, license, or
729 certification.
730 (2) Upon any change of his principal business location or home address, a person
731 registered, licensed, or certified under this chapter shall promptly give notice in writing to the
732 division within ten business days of the change.
733 (3) A nonresident registrant, licensee, or certificate holder [
734 maintain a place of business in this state if he maintains an active place of business in his state of
735 domicile.
736 Section 26. Section 61-2b-27 is amended to read:
737 61-2b-27. Professional conduct -- Uniform standards.
738 (1) (a) Each person registered, licensed, or certified under this chapter must comply with
739 generally accepted standards of professional appraisal practice and generally accepted ethical rules
740 to be observed by a real estate appraiser.
741 (b) Generally accepted standards of professional appraisal practice are currently evidenced
742 by the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal
743 Foundation.
744 (c) After a public hearing held in accordance with provisions of Title 63, Chapter 46a,
745 [
746 or additions to the Uniform Standards of Professional Appraisal Practice as the board considers
747 appropriate to comply with the Financial Institutions Reform, Recovery, and Enforcement Act of
748 1989.
749 (2) If the Appraisal Standards Board of the Appraisal Foundation modifies the Uniform
750 Standards of Professional Appraisal Practice, issues supplemental appraisal standards which it
751 considers appropriate for residential real estate appraisers or for general real estate appraisers, or
752 issues ethical rules to be observed by a real estate appraiser and requests the board to consider the
753 adoption of the modified or supplemental standards or ethical rules, the board shall schedule a
754 public hearing pursuant to the provisions of Title 63, Chapter 46a, [
755 Rulemaking Act, for the purpose of deciding whether or not it should require the modified or
756 supplemental standards or the ethical rules to be observed by persons registered, licensed, or
757 certified under this chapter.
758 (3) If, after the notice and public hearing the board finds that the modified or supplemental
759 standards or the ethical rules issued by the Appraisal Standards Board of the Appraisal Foundation
760 are appropriate for persons registered, licensed, or certified under this chapter, the board shall
761 recommend rules requiring all persons registered, licensed, or certified under this chapter to
762 observe the modified or supplemental standards or the ethical rules.
763 (4) A copy of each such rule adopted by the division shall be mailed to the business
764 address of each person currently registered, licensed, or certified under this chapter.
765 Section 27. Section 61-2b-28 is amended to read:
766 61-2b-28. Enforcement -- Investigation -- Orders -- Hearings.
767 (1) The division may investigate the actions of any person registered, licensed, or certified
768 under this chapter, or an applicant for registration, licensure, certification, or renewal, and may
769 initiate an agency action in accordance with Title 63, Chapter 46b, Administrative Procedures Act,
770 to impose disciplinary action on a person registered, licensed, or certified under this chapter or to
771 deny issuance to an applicant of an original or renewal registration, license, or certification.
772 (2) The division may subpoena witnesses, take evidence, and require by subpoena duces
773 tecum the production of books, papers, contracts, records, other documents, or information
774 relevant to the investigation. The division may serve subpoenas by certified mail. Each failure
775 to respond to a subpoena by a person registered, licensed, or certified under this chapter is
776 considered to be a separate violation of this chapter.
777 (3) (a) If the director has reason to believe that any person has been or is engaging in acts
778 constituting violations of this chapter, and if it appears to the director that it would be in the public
779 interest to stop these acts, he shall issue and serve upon the person an order directing that person
780 to cease and desist from those acts.
781 (b) Within ten days after receiving the order, the person upon whom the order is served
782 may request an adjudicative proceeding.
783 (c) Pending the hearing, the cease and desist order shall remain in effect.
784 (d) If a request for hearing is made, the division shall follow the procedures and
785 requirements of Title 63, Chapter 46b, Administrative Procedures Act.
786 (4) (a) After the hearing, if the board agrees that the acts of the person violate this chapter,
787 the board shall issue an order making the cease and desist order permanent.
788 (b) If no hearing is requested and if the person fails to cease the acts, or after discontinuing
789 the acts, again commences the acts, the [
790 of the Department of Commerce and Division of Real Estate, in the district court in the county in
791 which the acts occurred or where the person resides or carries on business, to enjoin and restrain
792 the person from violating this chapter.
793 (5) The remedies and action provided in this section do not limit, interfere with, or prevent
794 the prosecution of any other remedies or actions including criminal proceedings.
795 Section 28. Section 61-2b-29 is amended to read:
796 61-2b-29. Disciplinary action -- Grounds.
797 The board may order disciplinary action against any person registered, licensed, or certified
798 under this chapter. Board action may include revoking, suspending, or placing a person's
799 registration, license, or certification on probation, denying a person's original or renewal
800 registration, license, or certification, ordering remedial education, and imposing a civil penalty
801 upon a person not to exceed $1,000 per violation based on any of the following grounds for
802 disciplinary action:
803 (1) procuring or attempting to procure a registration, license, or certification under this
804 chapter by fraud or by making a false statement, submitting false information, or making a material
805 misrepresentation in an application filed with the division;
806 (2) paying money or attempting to pay money other than the fees provided for by this
807 chapter to any member or employee of the division to procure a registration, license, or
808 certification under this chapter;
809 (3) an act or omission in the practice of real estate appraising which constitutes dishonesty,
810 fraud, or misrepresentation;
811 (4) entry of a judgment against a registrant, licensee, or certificate holder on grounds of
812 fraud, misrepresentation, or deceit in the making of an appraisal of real estate;
813 (5) a guilty plea to a criminal offense involving moral turpitude which is held in abeyance,
814 or a conviction, including a conviction based upon a plea of guilty or nolo contendere, of a
815 criminal offense involving moral turpitude;
816 (6) engaging in the business of real estate appraising under an assumed or fictitious name
817 not properly registered in this state;
818 (7) paying a finder's fee or a referral fee to a person not registered, licensed, or certified
819 under this chapter in connection with an appraisal of real estate or real property in this state;
820 (8) making a false or misleading statement in that portion of a written appraisal report that
821 deals with professional qualifications or in any testimony concerning professional qualifications;
822 (9) violating or disregarding any provision of this chapter, an order of the board, or any rule
823 issued under this chapter;
824 (10) violation of the confidential nature of governmental records to which a person
825 registered, licensed, or certified under this chapter gained access through employment or
826 engagement as an appraiser by a governmental agency;
827 (11) acceptance of a contingent fee for performing an appraisal as defined in Subsection
828 61-2b-2 (1) if in fact the fee is or was contingent upon the appraiser reporting a predetermined
829 analysis, opinion, or conclusion or is or was contingent upon the analysis, opinion, conclusion, or
830 valuation reached or upon the consequences resulting from the appraisal assignment;
831 (12) unprofessional conduct as defined by statute or rule; or
832 (13) any other conduct which constitutes dishonest dealing.
833 Section 29. Section 61-2b-30.5 is enacted to read:
834 61-2b-30.5. Reinstatement of license or certification.
835 (1) An individual who has had an appraiser registration, license, or certification revoked
836 under this chapter may not apply for renewal of that registration, license, or certification, but may
837 apply for licensure or certification as prescribed for an original license or certification subject to
838 the limitations in Subsection (2).
839 (2) An applicant for licensure, certification, or for registration as an expert witness under
840 Subsection (1):
841 (a) may not apply for licensure or certification until at least five years after the date of
842 revocation of the applicant's original registration, license, or certification; and
843 (b) is not entitled to credit for experience gained prior to the date of revocation in
844 determining whether the applicant meets the experience requirement for licensure or certification.
845 Section 30. Section 61-2b-31 is amended to read:
846 61-2b-31. Disciplinary hearing process.
847 (1) Before disciplinary action may be taken by the board against a registrant, licensee, or
848 certificate holder, the division shall notify the registrant, licensee, or certificate holder and
849 commence an adjudicative proceeding.
850 (2) If, after the hearing, the board determines that the registrant, licensee, or certificate
851 holder has violated this chapter, the board may impose disciplinary action by written order as
852 provided in Section 61-2b-29 .
853 (3) The board may conduct hearings with the assistance of an administrative law judge or
854 may delegate hearings to an administrative law judge. If the hearing is delegated by the board to
855 an administrative law judge, the judge shall submit written findings of fact, conclusions of law,
856 and a recommended order to the board for its consideration.
857 (4) (a) Any applicant, registrant, licensee, certificate holder, or person aggrieved, including
858 the complainant, may obtain judicial review of any adverse ruling, order, or decision of the board.
859 Any appeal shall be governed by the Utah Rules of Appellate Procedure.
860 (b) If the applicant, registrant, licensee, or certificate holder prevails in the appeal and the
861 court finds that the state action was undertaken without substantial justification, the court may
862 award reasonable litigation expenses to the applicant, registrant, licensee, or certificate holder as
863 provided under Title 78, Chapter 27a, Small Business Equal Access to Justice Act.
864 Section 31. Section 61-2b-32 is amended to read:
865 61-2b-32. Licensure or certification prerequisite to suit for compensation.
866 No person engaged in the business of real estate appraising in this state or acting in the
867 capacity of a real estate appraiser in this state may bring or maintain any action in any court of this
868 state to collect compensation for the performance of real estate appraisal services for which
869 registration, licensure, or certification is required by this chapter without alleging and proving that
870 he was the holder of a valid registration, license, or certification in this state at all times during the
871 performance of such services.
872 Section 32. Section 61-2b-33 is amended to read:
873 61-2b-33. Criminal penalty -- Licensure or certification following conviction.
874 (1) Any person required by this chapter to be registered, licensed, or certified who engages
875 in real estate appraisal activity in this state without obtaining a registration, license, or certification
876 or who violates any provision of this chapter is guilty of a class B misdemeanor punishable by a
877 $1,000 fine and up to six months in jail and shall be ineligible to apply for a registration, license,
878 or certificate for a period of one year from the date of his conviction of the offense.
879 (2) The division, in its discretion, may grant a registration, license, or certification to a
880 person ineligible pursuant to Subsection (1) within the one-year period upon application and after
881 an administrative hearing.
882 Section 33. Section 61-2b-34 is amended to read:
883 61-2b-34. Recordkeeping requirements.
884 (1) All persons registered, licensed, or certified under this chapter shall retain for a period
885 of five years the original or a true copy of:
886 (a) each written contract engaging his services for real estate or real property appraisal
887 work;
888 (b) each appraisal report prepared or signed by him; and
889 (c) all supporting data assembled and formulated by the appraiser in preparing each
890 appraisal report.
891 (2) The five-year period for retention of records is applicable to each engagement of the
892 services of the appraiser and begins upon the date of the delivery of each appraisal report to the
893 client unless, within the five-year period, the appraiser is notified that the appraisal or the appraisal
894 report is involved in litigation, in which event the records must be maintained for five years, or two
895 years following the date of the final disposition of the litigation, whichever is longer.
896 (3) Upon reasonable notice, all persons registered, licensed, or certified under this chapter
897 shall make all records required to be maintained under this chapter available to the division for
898 inspection and copying.
899 Section 34. Section 61-2b-36 is amended to read:
900 61-2b-36. Contingent fees.
901 (1) A person registered, licensed, or certified under this chapter who enters into an
902 agreement to perform an appraisal as defined in Subsection 61-2b-2 (1) may not accept a contingent
903 fee.
904 (2) A person registered, licensed, or certified under this chapter who enters into an
905 agreement to provide consultation services as defined in Subsection 61-2b-2 (6)(a)(i) may be paid
906 a fixed fee or a contingent fee.
907 (3) (a) If a person registered, licensed, or certified under this chapter enters into an
908 agreement to perform consultation services for a contingent fee, this fact shall be clearly stated in
909 each oral statement.
910 (b) In addition to the requirements of Subsection (3)(a), if a person registered, licensed,
911 or certified under this chapter prepares a written consultation report or summary, letter of
912 transmittal, or certification statement for a contingent fee, the person shall clearly state in the
913 report, summary, letter of transmittal, or certification statement that the report is prepared under
914 a contingent fee arrangement.
915 Section 35. Section 61-2b-38 is amended to read:
916 61-2b-38. Division to publish roster of appraisers.
917 The division shall prepare and issue at least once each calendar year a roster [
918
919 containing the information required by the Federal Financial Institutions Examination Council.
920 A copy of the roster shall be made available to the public, upon application to the division, at a
921 reasonable price per copy, as determined by the division. The division shall transmit the roster to
922 the Federal Financial Institutions Examinations Council at least annually.
923 Section 36. Section 61-2b-39 is amended to read:
924 61-2b-39. License history.
925 The division may, upon payment of a fee in an amount specified in rule, issue a [
926
927 chapter.
928 Section 37. Section 61-2b-40 is amended to read:
929 61-2b-40. Continuing education requirements.
930 (1) As a prerequisite to renewal of a registration, license, or certification, [
931
932 division of having met the continuing education requirements of this section. [
933
934
935 [
936
937
938
939
940 [
941
942 requirement for renewal of registration, licensure, or certification shall be the completion by the
943 applicant, during the two-year period immediately preceding the filing of an application for
944 renewal, of not less than 28 classroom hours of instruction in courses or seminars that have
945 received the approval of the board.
946 (3) The division may adopt rules for the implementation of the provisions of this section
947 to assure that each person renewing his registration, license, or certification under this chapter has
948 a working knowledge of current real estate appraisal theories, practices, and techniques that will
949 enable the person to provide competent real estate appraisal services to the members of the public
950 with whom that person deals in a professional relationship under the authority of that person's
951 registration, license, or certificate.
952 (4) An amendment or repeal of a rule adopted by the division under this section shall not
953 operate to deprive a person [
954 license, or certification for any course of instruction that is successfully completed by the applicant
955 prior to the date of the amendment or repeal of the [
956 (5) In lieu of meeting the requirements set forth in [
957 applicable rules, an applicant for [
958 education requirements by presenting evidence of the following:
959 (a) completion of an educational program of study determined by the board to be
960 equivalent, for continuing education purposes, to courses or seminars approved by the board; or
961 (b) participation other than as a student in educational processes and programs approved
962 by the board that relate to real property appraisal theory, practices, or techniques including
963 teaching, program development, and preparation of textbooks, monographs, articles, and other
964 instructional materials.
965 (6) The board shall develop and propose to the division rules for the implementation of
966 the provisions of this section to assure that a person who renews his registration, license, or
967 certification has a working knowledge of current real estate appraisal theories, practices, and
968 techniques that will enable the person to provide competent real estate appraisal services to the
969 members of the public with whom that person deals in a professional relationship under the
970 authority of that person's registration, license, or certification. These rules shall prescribe:
971 (a) policies and procedures to be followed in obtaining board approval of courses of
972 instruction and seminars;
973 (b) standards, policies, and procedures to be used by the division in evaluating an
974 applicant's claims of equivalency; and
975 (c) standards, monitoring methods, and systems for recording attendance to be employed
976 by course and seminar sponsors as a prerequisite to division approval of courses and seminars for
977 credit.
978 (7) (a) A person whose registration, license, or certification has been revoked or suspended
979 as the result of a disciplinary action taken by the board may not apply for reinstatement unless the
980 person presents evidence of completion of the continuing education requirement that is provided
981 in this chapter for renewal.
982 (b) The continuing education required under Subsection (7)(a) shall not be imposed upon
983 an applicant for reinstatement who has been required by the division to successfully complete the
984 examination for licensure or certification required by Section 61-2b-20 as a condition to
985 reinstatement.
986 Section 38. Repealer.
987 This act repeals:
988 Section 61-2b-15.5, Senior appraisers.
Legislative Review Note
as of 2-2-99 7:54 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.