61-2b-8. Duties of board.
(1) (a) The board shall provide technical assistance to the division relating to real estate
appraisal standards and real estate appraiser qualifications.
(b) The board has the powers and duties listed in this section.
(2) The board shall:
(a) determine the experience, education, and examination requirements appropriate for a
person licensed under this chapter;
(b) determine the experience, education, and examination requirements appropriate for a
person certified under this chapter:
(i) in compliance with the minimum requirements of Financial Institutions Reform,
Recovery, and Enforcement Act of 1989; and
(ii) consistent with the intent of this chapter;
(c) determine the appraisal related acts that may be performed by:
(i) a trainee on the basis of the trainee's education and experience;
(ii) clerical staff; and
(iii) a person who:
(A) does not hold a license or certification; and
(B) assists an appraiser licensed or certified under this chapter in providing appraisal
services or consultation services;
(d) determine the procedures for a trainee to register with the division; and
(e) develop one or more programs to upgrade and improve the experience, education, and
examinations as required under this chapter.
(3) (a) The experience, education, and examination requirements established by the
board for a person licensed or certified under this chapter shall be the minimum criteria
established by the Appraiser Qualification Board of the Appraisal Foundation, unless, after notice
and a public hearing held in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, the board finds that the minimum criteria are not appropriate for a
state-licensed appraiser or a state-certified appraiser in this state.
(b) If under Subsection (3)(a) the board makes a finding that the minimum criteria are
not appropriate, the board shall recommend appropriate criteria to the Legislature.
(4) The board shall:
(a) determine the continuing education requirements appropriate for the renewal of a
license, certification, or registration issued under this chapter;
(b) develop one or more programs to upgrade and improve continuing education; and
(c) recommend to the division one or more available continuing education courses that
meet the requirements of this chapter.
(5) (a) 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:
(i) an interpretation or explanation is necessary in the enforcement of this chapter; and
(ii) the Appraisal Standards Board of the Appraisal Foundation has not issued an
interpretation or explanation.
(b) If the conditions of Subsection (5)(a) are met, the board shall recommend to the
division the appropriate interpretation or explanation that the division should adopt as a rule
under this chapter.
(c) The board may by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and Section 61-2b-27 provide for an exemption from a
provision of the Uniform Standards of Professional Appraisal Practice for an activity engaged in
on behalf of a governmental entity.
(6) The board shall develop and establish or approve the examination specifications and
the minimum score required to pass an examination for licensure or certification.
(7) The board may review the:
(a) bank of questions and answers that comprise the examination for a person 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.
(8) (a) The board shall conduct an administrative hearing, not delegated by the board to
an administrative law judge, in connection with a disciplinary proceeding under Sections
61-2b-30 and 61-2b-31 concerning:
(i) a person required to be licensed, certified, or registered under this chapter; and
(ii) the person's failure to comply with this chapter and the Uniform Standards of
Professional Appraisal Practice as adopted under Section 61-2b-27.
(b) The board shall issue in an administrative hearing a decision that contains findings of
fact and conclusions of law.
(c) When a determination is made that a person required to be licensed, certified, or
registered under this chapter has violated this chapter, the division shall implement disciplinary
action determined by the board.
(9) A member of the board is immune from a civil action or criminal prosecution for a
disciplinary proceeding concerning a person required to be registered, licensed, certified, or
approved as an expert 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 a
member of the board under this chapter.
(10) The board shall require and pass upon proof necessary to determine the honesty,
competency, integrity, and truthfulness of an applicant for:
(a) original licensure, certification, or registration; and
(b) renewal licensure or certification.
Amended by Chapter 352, 2009 General Session
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Last revised: Thursday, May 28, 2009