61-2b-6.   Duties and powers of division.
     (1) The division has the powers and duties listed in this Subsection (1).
     (a) The division shall:
     (i) receive an application for licensing, certification, or registration;
     (ii) establish appropriate administrative procedures for the processing of an application for licensure, certification, or registration;
     (iii) issue a license or certification to a qualified applicant pursuant to this chapter; and
     (iv) register an individual who applies and qualifies for registration as a trainee under this chapter.
     (b) (i) The division shall require an individual to register as a trainee with the division before the individual acts in the capacity of a trainee earning experience for licensure.
     (ii) Subject to Subsection (4), the board shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for:
     (A) the trainee registration required by this Subsection (1)(b); and
     (B) renewal of the trainee registration required by this Subsection (1)(b).
     (c) The division shall hold public hearings under the direction of the board.
     (d) The division may:
     (i) 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 licensing and certification examinations; and
     (ii) administer or contract for the administration of licensing and certification examinations as may be required to carry out the division's 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 the board's 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 a person 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 establish fees in accordance with Section 63J-1-504:
     (i) for processing:
     (A) a trainee registration;
     (B) an application for licensing and certification; and
     (C) approval of an expert witness; and
     (ii) for all other functions required or permitted by this chapter.
     (j) The division may:
     (i) investigate a complaint against:
     (A) a trainee;
     (B) a person licensed or certified under this chapter; or
     (C) a person required to be licensed, certified, or registered under this chapter;
     (ii) subpoena a witness;

     (iii) subpoena the production of a book, document, record, or other paper;
     (iv) administer an oath; and
     (v) take testimony and receive evidence concerning a matter within the division's jurisdiction.
     (k) The division may:
     (i) promote research and conduct studies relating to the profession of real estate appraising; and
     (ii) 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 63G, Chapter 3, Utah Administrative Rulemaking Act, that are not inconsistent with 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 a person required to be licensed, certified, or registered under this chapter fails to comply with this chapter.
     (n) The division may employ other professional, clerical, and technical staff as may be necessary to properly administer the work of the division under this chapter.
     (o) The division may make available, at a reasonable cost determined by the division, a list of the names and addresses of all persons licensed or certified by the division under this chapter to the extent the information is a public record under Title 63G, Chapter 2, Government Records Access and Management Act.
     (2) (a) The division shall approve an expert witness who is not otherwise licensed or certified under this chapter to appear in an administrative or judicial tax proceeding to provide evidence related to the valuation of real property that is assessed by the State Tax Commission, provided that the:
     (i) approval is limited to a specific proceeding;
     (ii) approval is valid until the proceeding becomes final;
     (iii) applicant pays an approval fee to the division;
     (iv) applicant provides the applicant's name, address, occupation, and professional credentials; and
     (v) applicant provides a notarized 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) Subsection (2)(a) is effective for an administrative or judicial property tax proceeding related to the valuation of real property that is assessed by the State Tax Commission.
     (3) (a) If the conditions of Subsection (3)(b) are met, the division is immune from any civil action or criminal prosecution for initiating or assisting in a lawful investigation of an act of, or participating in a disciplinary proceeding concerning:
     (i) a person required to be licensed, certified, or registered pursuant to this chapter; or
     (ii) a person approved as an expert witness pursuant to this chapter.
     (b) This Subsection (3) applies if the division takes the action:
     (i) without malicious intent; and
     (ii) in the reasonable belief that the action is taken pursuant to the powers and duties

vested in the division under this chapter.
     (4) (a) An individual applying to register as a trainee under this chapter shall:
     (i) submit a fingerprint card in a form acceptable to the division at the time of applying for registration; and
     (ii) consent to a criminal background check by:
     (A) the Utah Bureau of Criminal Identification; and
     (B) the Federal Bureau of Investigation.
     (b) The division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for an applicant through a national criminal history system.
     (c) The applicant shall pay the cost of:
     (i) the fingerprinting required by this section; and
     (ii) the criminal background check required by this section.
     (d) (i) A registration as a trainee under this chapter is conditional pending completion of the criminal background check required by this Subsection (4).
     (ii) If a criminal background check discloses that an applicant fails to accurately disclose a criminal history, the registration is immediately and automatically revoked.
     (iii) An individual whose conditional registration is revoked under Subsection (4)(d)(ii) may appeal the revocation in a hearing conducted by the board:
     (A) after the revocation; and
     (B) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
     (iv) The board may delegate to the division or an administrative law judge the authority to conduct a hearing described in Subsection (4)(d)(iii).
     (v) Relief from a revocation may be granted only if:
     (A) the criminal history upon which the division based the revocation:
     (I) did not occur; or
     (II) is the criminal history of another person;
     (B) (I) the revocation is based on a failure to accurately disclose a criminal history; and
     (II) the applicant has a reasonable good faith belief at the time of application that there was no criminal history to be disclosed; or
     (C) the division fails to follow the prescribed procedure for the revocation.
     (e) If a registration is revoked or a revocation is upheld after a hearing described in Subsection (4)(d)(iii), the individual may not apply for a new license for a period of 12 months after the day on which the registration is revoked.
     (f) The board may delegate to the division the authority to make a decision on whether relief from a revocation should be granted.
     (g) The funds paid by an applicant for the cost of the criminal background check shall be nonlapsing.

Amended by Chapter 183, 2009 General Session
Amended by Chapter 352, 2009 General Session
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Last revised: Thursday, May 28, 2009