1     
REAL ESTATE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to real estate.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions relating to:
14               •     property tax equalization;
15               •     powers of the Division of Real Estate;
16               •     licensing and practices of a real estate professional, including a principal broker,
17     an associate broker, and a sales agent;
18               •     registration and practices of a real estate entity;
19               •     licensing and practices of a residential mortgage professional and entities;
20               •     licensing and certification of a real estate appraiser; and
21               •     registration and regulation of an appraisal management company;
22          ▸     amends provisions relating to who and under what circumstances a person may, in a
23     property tax appeal, provide an opinion of value, present evidence, or provide tax
24     information;
25          ▸     adds enforcement provisions, including citation authority, penalties, and procedures;
26          ▸     modifies provisions regarding a prohibition of a mortgage loan professional from
27     accepting anything of value in exchange for a referral of mortgage loan business;

28          ▸     prohibits signing or initialing a document on behalf of another person, except in
29     circumstances established by rule;
30          ▸     modifies provisions regarding a subpoena;
31          ▸     modifies provisions regarding a former licensee's liability for acts committed while
32     previously licensed;
33          ▸     modifies provisions regarding the license of a licensee for whom payment is made
34     from the Residential Mortgage Loan Education, Research, and Recovery Fund;
35          ▸     modifies provisions regarding customary and reasonable compensation for an
36     appraisal;
37          ▸     modifies the list of prohibited acts of an appraisal management company;
38          ▸     modifies provisions regarding grounds for disciplinary action;
39          ▸     modifies provisions regarding under what circumstances a person may accept a
40     fixed fee or a contingent fee for services related to establishing the value of
41     property; and
42          ▸     amends a prescribed notice form, regarding the return of a residential tenant's rental
43     deposit, such that the notice form conforms with the requirements for notice for
44     return of a tenant's rental deposit.
45     Money Appropriated in this Bill:
46          None
47     Other Special Clauses:
48          None
49     Utah Code Sections Affected:
50     AMENDS:
51          57-17-3, as last amended by Laws of Utah 2015, Chapter 258
52          59-2-1017, as last amended by Laws of Utah 2015, Chapter 258
53          61-2-203, as renumbered and amended by Laws of Utah 2010, Chapter 379
54          61-2c-102, as last amended by Laws of Utah 2015, Chapter 262
55          61-2c-301, as last amended by Laws of Utah 2015, Chapters 262 and 290
56          61-2c-401, as last amended by Laws of Utah 2010, Chapters 379 and 391
57          61-2c-402, as last amended by Laws of Utah 2012, Chapter 369
58          61-2c-507, as last amended by Laws of Utah 2011, Chapter 289

59          61-2e-204, as last amended by Laws of Utah 2015, Chapter 262
60          61-2e-301, as last amended by Laws of Utah 2011, Chapter 289
61          61-2e-304, as enacted by Laws of Utah 2009, Chapter 269
62          61-2e-306, as enacted by Laws of Utah 2009, Chapter 269
63          61-2e-307, as last amended by Laws of Utah 2012, Chapter 166
64          61-2e-401, as last amended by Laws of Utah 2012, Chapter 166
65          61-2f-102, as last amended by Laws of Utah 2012, Chapter 166
66          61-2f-202, as last amended by Laws of Utah 2015, Chapter 262
67          61-2f-307, as renumbered and amended by Laws of Utah 2010, Chapter 379
68          61-2f-401, as last amended by Laws of Utah 2015, Chapter 262
69          61-2f-402, as last amended by Laws of Utah 2014, Chapter 350
70          61-2f-404, as last amended by Laws of Utah 2012, Chapter 369
71          61-2g-301, as last amended by Laws of Utah 2013, Chapter 180
72          61-2g-406, as last amended by Laws of Utah 2013, Chapter 180
73          61-2g-501, as last amended by Laws of Utah 2014, Chapter 350
74          61-2g-502, as last amended by Laws of Utah 2012, Chapters 166 and 369
75     

76     Be it enacted by the Legislature of the state of Utah:
77          Section 1. Section 57-17-3 is amended to read:
78          57-17-3. Deductions from deposit -- Written itemization -- Time for return.
79          (1) Upon termination of a tenancy, the owner or the owner's agent may apply property
80     or money held as a deposit toward the payment of rent, damages to the premises beyond
81     reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the
82     unit.
83          (2) No later than 30 days after the day on which a renter vacates and returns possession
84     of a rental property to the owner or the owner's agent, the owner or the owner's agent shall
85     deliver to the renter at the renter's last known address:
86          (a) the balance of any deposit;
87          (b) the balance of any prepaid rent; and
88          (c) if the owner or the owner's agent made any deductions from the deposit or prepaid
89     rent, a written notice that itemizes and explains the reason for each deduction.

90          (3) If an owner or the owner's agent fails to comply with the requirements described in
91     Subsection (2), the renter may serve the owner or the owner's agent, in accordance with
92     Subsection (4), a notice that:
93          (a) states:
94          (i) the names of the parties to the rental agreement;
95          (ii) the day on which the renter vacated the rental property;
96          (iii) that the owner or the owner's agent has failed to comply with the requirements
97     described in Subsection (2); and
98          (iv) the address where the owner or the owner's agent may send the items described in
99     Subsection (2); and
100          (b) is substantially in the following form:
101     
TENANT'S NOTICE TO PROVIDE DEPOSIT DISPOSITION

102          TO: (insert owner or owner's agent's name)
103          RE: (insert address of rental property)
104          NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) CALENDAR DAYS
105     pursuant to Utah Code Sections 57-17-3 et seq., the owner or the owner's agent must provide
106     the tenant, at the address below, a refund of the balance of any security deposit, the balance of
107     any prepaid rent, and a notice of any deductions from the security deposit or prepaid rent as
108     allowed by law.
109          NOTICE IS FURTHER GIVEN that the tenant vacated the property on the _____ day
110     of ___________, 20___.
111          NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the
112     owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty of
113     $100. If the entire security deposit, the full amount of any prepaid rent, and the penalty of $100
114     is not tendered to the tenant, and the tenant is required to initiate litigation to enforce the
115     provisions of the statute, the owner may be liable for the tenant's court costs and attorney fees.
116     Tenant's Name(s):_____________________________________
117     Mailing Address_____________________ City____________ State_____ Zip_______
118     This is a legal document. Please read and comply with the document's terms.
119     Dated this ______ day of _____________, 20____.
120     
Return of Service


121          On this _____ day of ____________, 20____, I swear and attest that I served this notice
122     in compliance with Utah Code Section 57-17-3 by:
123          ____ Delivering a copy to the owner or the owner's agent personally at the address
124     provided in the lease agreement;
125          ____ Leaving a copy with a person of suitable age and discretion at the address
126     provided in the lease agreement because the owner or the owner's agent was absent from the
127     address provided in the lease agreement;
128          ____ Affixing a copy in a conspicuous place at the address provided in the lease
129     agreement because a person of suitable age or discretion could not be found at the address
130     provided in the lease agreement; or
131          ____ Sending a copy through registered or certified mail to the owner or the owner's
132     agent at the address provided in the lease agreement.
133     The owner's address to which the service was effected is:
134     Address________________________ City______________ State_____ Zip_______
135     _________________ (server's signature)
136     
Self-Authentication Declaration

137     Pursuant to Utah Code Section 78B-5-705, I declare under criminal penalty of the State of Utah
138     that the foregoing is true and correct.
139     Executed this _____ day of _____________, 20____.
140     ___________________ (server's signature)
141          (4) A notice described in Subsection (3) shall be served:
142          (a) (i) by delivering a copy to the owner or the owner's agent personally at the address
143     provided in the lease agreement;
144          (ii) if the owner or the owner's agent is absent from the address provided in the lease
145     agreement, by leaving a copy with a person of suitable age and discretion at the address
146     provided in the lease agreement; or
147          (iii) if a person of suitable age or discretion cannot be found at the address provided in
148     the lease agreement, by affixing a copy in a conspicuous place at the address provided in the
149     lease agreement; or
150          (b) by sending a copy through registered or certified mail to the owner or the owner's
151     agent at the address provided in the lease agreement.

152          (5) Within five business days after the day on which the notice described in Subsection
153     (3) is served, the owner or the owner's agent shall comply with the requirements described in
154     Subsection (2).
155          Section 2. Section 59-2-1017 is amended to read:
156          59-2-1017. Property tax appeal assistance.
157          (1) As used in this section:
158          (a) "Certified appraiser" means an appraiser certified in accordance with:
159          (i) Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act; or
160          (ii) the law of a jurisdiction in the United States.
161          [(a)] (b) "Licensed appraiser" means an appraiser licensed in accordance with:
162          (i) Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act[.]; or
163          (ii) the law of a jurisdiction in the United States.
164          [(b)] (c) "Opinion of value" means an estimate of fair market value that:
165          (i) is made by a licensed appraiser or a certified appraiser; and
166          (ii) except as provided in Subsections (5) and (6), complies with the Uniform
167     Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board as
168     described in 12 U.S.C. Sec. 3339.
169          [(c)] (d) "Present evidence" means to present information:
170          (i) to a county board of equalization or the commission; and
171          (ii) related to a property tax appeal made in accordance with this part.
172          [(d)] (e) "Price estimate" means an estimate:
173          (i) of the price that property would sell for; and
174          (ii) that is not an opinion of value.
175          [(e)] (f) "Provide property tax information" means to provide information related to a
176     property tax appeal made in accordance with this part to another person.
177          (2) Subject to the other provisions of this section, a person may:
178          (a) present evidence in a property tax appeal on behalf of another person after
179     obtaining permission from that other person; or
180          (b) provide property tax information to another person.
181          (3) For purposes of Subsection (2):
182          (a) only [a person who is] a licensed appraiser or a certified appraiser may present or

183     provide an opinion of value; and
184          (b) [only a person who is not] a licensed appraiser or a certified appraiser may not
185     present or provide a price estimate.
186          (4) A licensed appraiser or a certified appraiser may, in accordance with Subsection
187     (2), provide services regarding a property tax appeal as follows:
188          (a) present or provide an opinion of value; or
189          (b) provide consultation services, including presenting evidence or providing property
190     tax information.
191          [(4)] (5) (a) A licensed appraiser or a certified appraiser who presents or provides an
192     opinion of value in accordance with Subsection (2) shall comply with all applicable laws and
193     regulations, including Sections 61-2g-304, 61-2g-403, 61-2g-406, and 61-2g-407.
194          (b) A licensed appraiser or a certified appraiser who does not present or provide an
195     opinion of value but who provides consultation services by presenting evidence or [provides]
196     providing property tax information in accordance with Subsection (2) [is subject to] shall
197     comply with all applicable laws and regulations, including Sections 61-2g-304, 61-2g-403,
198     61-2g-406, and 61-2g-407, except that the licensed appraiser or the certified appraiser may
199     advocate for the client in a property tax appeal.
200          [(b)] (c) A person who is not a licensed appraiser[,] and not a certified appraiser who
201     presents evidence or provides property tax information in accordance with Subsection (2):
202          (i) is subject to Section 61-2g-407; and
203          (ii) if the person charges a contingent fee, is subject to Section 61-2g-406.
204          (6) A licensed appraiser or a certified appraiser may provide an opinion of value,
205     present evidence, or provide tax information in a property tax appeal of the personal residence
206     of the licensed appraiser or certified appraiser despite any personal bias.
207          [(5)] (7) A county board of equalization or the commission may evaluate the reliability
208     or accuracy of evidence presented or property tax information provided in accordance with
209     [Subsection (2)] this section.
210          Section 3. Section 61-2-203 is amended to read:
211          61-2-203. Adjudicative proceedings -- Citation authority.
212          (1) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
213     Act, in an adjudicative proceeding under a chapter the division administers.

214          (2) The division may initiate an adjudicative proceeding through:
215          (a) a citation, pursuant to Subsection (3);
216          (b) a notice of agency action; or
217          (c) a notice of formal or informal proceeding.
218          (3) In addition to any other statutory penalty for a violation related to an occupation or
219     profession regulated under this title, the division may issue a citation to a person who, upon
220     inspection or investigation, the division concludes to have violated:
221          (a) Subsection 61-2c-201(1), which requires licensure;
222          (b) Subsection 61-2c-201(4), which requires entity licensure;
223          (c) Subsection 61-2c-205(3), which requires notification of a change in specified
224     information regarding a licensee;
225          (d) Subsection 61-2c-205(4), which requires notification of specified legal actions;
226          (e) Subsection 61-2c-301(1)(g), which prohibits failing to respond to the division
227     within the required time period;
228          (f) Subsection 61-2c-301(1)(h), which prohibits making a false representation to the
229     division;
230          (g) Subsection 61-2c-301(1)(i), which prohibits taking a dual role in a transaction;
231          (h) Subsection 61-2c-301(1)(l), which prohibits engaging in false or misleading
232     advertising;
233          (i) Subsection 61-2c-301(1)(t), which prohibits advertising the ability to do licensed
234     work if unlicensed;
235          (j) Subsection 61-2e-201(1), which requires registration;
236          (k) Subsection 61-2e-203(4), which requires a notification of a change in ownership;
237          (l) Subsection 61-2e-307(1)(c), which prohibits use of an unregistered fictitious name;
238          (m) Subsection 61-2e-401(1)(b), which prohibits failure to respond to a request by the
239     division;
240          (n) Subsection 61-2f-201(1), which requires licensure;
241          (o) Subsection 61-2f-206(1), which requires entity registration;
242          (p) Subsection 61-2f-301(1), which requires notification of a specified legal action;
243          (q) Subsection 61-2f-401(1)(a), which prohibits making a substantial
244     misrepresentation;

245          (r) Subsection 61-2f-401(3), which prohibits undertaking real estate while not affiliated
246     with a principal broker;
247          (s) Subsection 61-2f-401(9), which prohibits failing to keep specified records for
248     inspection by the division;
249          (t) Subsection 61-2f-401(13), which prohibits false, misleading, or deceptive
250     advertising;
251          (u) Subsection 61-2f-401(20), which prohibits failing to respond to a division request;
252          (v) Subsection 61-2g-301(1), which requires licensure;
253          (w) Subsection 61-2g-405(3), which requires making records required to be maintained
254     available to the division;
255          (x) Subsection 61-2g-502(2)(f), which prohibits using a nonregistered fictitious name;
256          (y) a rule made pursuant to any Subsection listed in this Subsection (3);
257          (z) an order of the division; or
258          (aa) an order of the commission or board that oversees the person's profession.
259          (4) (a) In accordance with Subsection (9), the division may assess a fine against a
260     person for a violation of a provision listed in Subsection (3), as evidenced by:
261          (i) an uncontested citation;
262          (ii) a stipulated settlement; or
263          (iii) a finding of a violation in an adjudicative proceeding.
264          (b) The division may, in addition to or in lieu of a fine under Subsection (4)(a), order
265     the person to cease and desist from an activity that violates a provision listed in Subsection (3).
266          (5) Except as provided in Subsection (7)(d), the division may not use a citation to
267     effect a license:
268          (a) denial;
269          (b) probation;
270          (c) suspension; or
271          (d) revocation.
272          (6) (a) A citation issued by the division shall:
273          (i) be in writing;
274          (ii) describe with particularity the nature of the violation, including a reference to the
275     provision of the statute, rule, or order alleged to have been violated;

276          (iii) clearly state that the recipient must notify the division in writing within 20
277     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
278     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
279          (iv) clearly explain the consequences of failure to timely contest the citation or to make
280     payment of a fine assessed by the citation within the time period specified in the citation.
281          (b) The division may issue a notice in lieu of a citation.
282          (7) (a) A citation becomes final:
283          (i) if within 20 calendar days from the service of the citation, the person to whom the
284     citation was issued fails to request a hearing to contest the citation; or
285          (ii) if the director or the director's designee conducts a hearing pursuant to a timely
286     request for a hearing and issues an order finding that a violation has occurred.
287          (b) The 20-day period to contest a citation may be extended by the division for cause.
288          (c) A citation that becomes the final order of the division due to a person's failure to
289     timely request a hearing is not subject to further agency review.
290          (d) (i) The division may refuse to issue, refuse to renew, suspend, revoke, or place on
291     probation the license of a licensee who fails to comply with a citation after the citation
292     becomes final.
293          (ii) The failure of a license applicant to comply with a citation after the citation
294     becomes final is a ground for denial of the license application.
295          (8) (a) The division may not issue a citation under this section after the expiration of
296     six months following the occurrence of a violation.
297          (b) The division may issue a notice to address a violation that is outside of the
298     six-month citation period.
299          (9) The director or the director's designee shall assess a fine with a citation in an
300     amount that is no more than:
301          (a) for a first offense, $1,000;
302          (b) for a second offense, $2,000; and
303          (c) for each offense subsequent to a second offense, $2,000 for each day of continued
304     offense.
305          (10) (a) An action for a first or second offense for which the division has not issued
306     final order does not preclude the division from initiating a subsequent action for a second or

307     subsequent offense while the preceding action is pending.
308          (b) The final order on a subsequent action is considered a second or subsequent
309     offense, respectively, provided the preceding action resulted in a first or second offense,
310     respectively.
311          (11) (a) If a person does not pay a penalty, the director may collect the unpaid penalty
312     by:
313          (i) referring the matter to a collection agency; or
314          (ii) bringing an action in the district court of the county:
315          (A) where the person resides; or
316          (B) where the office of the director is located.
317          (b) A county attorney or the attorney general of the state shall provide legal services to
318     the director in an action to collect the penalty.
319          (c) A court may award reasonable attorney fees and costs to the division in an action
320     brought by the division to enforce the provisions of this section.
321          Section 4. Section 61-2c-102 is amended to read:
322          61-2c-102. Definitions.
323          (1) As used in this chapter:
324          (a) "Affiliation" means that a mortgage loan originator is associated with a principal
325     lending manager in accordance with Section 61-2c-209.
326          (b) "Applicant" means a person applying for a license under this chapter.
327          (c) "Approved examination provider" means a person approved by the nationwide
328     database or by the division as an approved test provider.
329          (d) "Associate lending manager" means an individual who:
330          (i) qualifies under this chapter as a principal lending manager; and
331          (ii) works by or on behalf of another principal lending manager in transacting the
332     business of residential mortgage loans.
333          (e) "Branch lending manager" means an individual who is:
334          (i) licensed as a lending manager; and
335          (ii) designated in the nationwide database by the individual's sponsoring entity as being
336     responsible to work from a branch office and to supervise the business of residential mortgage
337     loans that is conducted at the branch office.

338          (f) "Branch office" means a licensed entity's office:
339          (i) for the transaction of the business of residential mortgage loans regulated under this
340     chapter;
341          (ii) other than the main office of the licensed entity; and
342          (iii) that operates under:
343          (A) the same business name as the licensed entity; or
344          (B) another trade name that is registered with the division under the entity license.
345          (g) "Business day" means a day other than:
346          (i) a Saturday;
347          (ii) a Sunday; or
348          (iii) a federal or state holiday.
349          (h) (i) "Business of residential mortgage loans" means for compensation or in the
350     expectation of compensation to:
351          (A) engage in an act that makes an individual a mortgage loan originator;
352          (B) make or originate a residential mortgage loan;
353          (C) directly or indirectly solicit a residential mortgage loan for another;
354          (D) unless excluded under Subsection (1)(h)(ii), render services related to the
355     origination of a residential mortgage loan including:
356          (I) preparing a loan package;
357          (II) communicating with the borrower or lender;
358          (III) advising on a loan term;
359          (IV) acting as a loan processor or loan underwriter without being employed by a
360     licensed entity; or
361          (V) except as provided in Subsection (1)(h)(ii)(B) or (C), acting as a loan underwriter;
362     or
363          (E) engage in loan modification assistance.
364          (ii) "Business of residential mortgage loans" does not include:
365          (A) if working as an employee under the direction of and subject to the supervision and
366     instruction of a person licensed under this chapter, the performance of a clerical or support
367     duty, including:
368          (I) the receipt, collection, or distribution of information common for the processing or

369     underwriting of a loan in the mortgage industry other than taking an application;
370          (II) communicating with a consumer to obtain information necessary for the processing
371     or underwriting of a residential mortgage loan;
372          (III) word processing;
373          (IV) sending correspondence;
374          (V) assembling files; or
375          (VI) acting as a loan processor or loan underwriter;
376          (B) acting as a loan underwriter under the direction and control of an employer
377     licensed under this chapter;
378          (C) acting as a loan underwriter, as an employee of a depository institution, exclusively
379     in the capacity of the depository institution's employee;
380          (D) ownership of an entity that engages in the business of residential mortgage loans if
381     the owner does not personally perform the acts listed in Subsection (1)(h)(i);
382          (E) except if an individual will engage in an activity as a mortgage loan originator,
383     acting in one or more of the following capacities:
384          (I) a loan wholesaler;
385          (II) an account executive for a loan wholesaler;
386          (III) a loan underwriter;
387          (IV) a loan closer; or
388          (V) funding a loan; or
389          (F) if employed by a person who owns or services an existing residential mortgage
390     loan, the direct negotiation with the borrower for the purpose of loan modification.
391          (i) "Certified education provider" means a person who is certified under Section
392     61-2c-204.1 to provide one or more of the following:
393          (i) Utah-specific prelicensing education; or
394          (ii) Utah-specific continuing education.
395          (j) "Closed-end" means a loan:
396          (i) with a fixed amount borrowed; and
397          (ii) that does not permit additional borrowing secured by the same collateral.
398          (k) "Commission" means the Residential Mortgage Regulatory Commission created in
399     Section 61-2c-104.

400          (l) "Community development financial institution" means the same as that term is
401     defined in 12 U.S.C. Sec. 4702.
402          (m) "Compensation" means anything of economic value that is paid, loaned, granted,
403     given, donated, or transferred to an individual or entity for or in consideration of:
404          (i) services;
405          (ii) personal or real property; or
406          (iii) another thing of value.
407          (n) "Concurrence" means that entities given a concurring role must jointly agree for the
408     action to be taken.
409          (o) "Continuing education" means education taken by an individual licensed under this
410     chapter in order to meet the education requirements imposed by Sections 61-2c-204.1 and
411     61-2c-205 to renew a license under this chapter.
412          (p) "Control," as used in Subsection 61-2c-105(2)(f), means the power to directly or
413     indirectly:
414          (i) direct or exercise a controlling interest over:
415          (A) the management or policies of an entity; or
416          (B) the election of a majority of the directors, officers, managers, or managing partners
417     of an entity;
418          (ii) vote 20% or more of a class of voting securities of an entity by an individual; or
419          (iii) vote more than 5% of a class of voting securities of an entity by another entity.
420          (q) (i) "Control person" means an individual identified by an entity registered with the
421     nationwide database as being an individual directing the management or policies of the entity.
422          (ii) "Control person" may include one of the following who is identified as provided in
423     Subsection (1)(q)(i):
424          (A) a manager;
425          (B) a managing partner;
426          (C) a director;
427          (D) an executive officer; or
428          (E) an individual who performs a function similar to an individual listed in this
429     Subsection (1)(q)(ii).
430          (r) "Depository institution" means the same as that term is defined in Section 7-1-103.

431          (s) "Director" means the director of the division.
432          (t) "Division" means the Division of Real Estate.
433          (u) "Dwelling" means a residential structure attached to real property that contains one
434     to four family units including any of the following if used as a residence:
435          (i) a condominium unit;
436          (ii) a cooperative unit;
437          (iii) a manufactured home; or
438          (iv) a house.
439          (v) "Employee":
440          (i) means an individual:
441          (A) whose manner and means of work performance are subject to the right of control
442     of, or are controlled by, another person; and
443          (B) whose compensation for federal income tax purposes is reported, or is required to
444     be reported, on a W-2 form issued by the controlling person; and
445          (ii) does not include an independent contractor who performs duties other than at the
446     direction of, and subject to the supervision and instruction of, another person.
447          (w) "Entity" means:
448          (i) a corporation;
449          (ii) a limited liability company;
450          (iii) a partnership;
451          (iv) a company;
452          (v) an association;
453          (vi) a joint venture;
454          (vii) a business trust;
455          (viii) a trust; or
456          (ix) another organization.
457          (x) "Executive director" means the executive director of the Department of Commerce.
458          (y) "Federal licensing requirements" means Secure and Fair Enforcement for Mortgage
459     Licensing, 12 U.S.C. Sec. 5101 et seq.
460          (z) "Foreclosure rescue" means, for compensation or with the expectation of receiving
461     valuable consideration, to:

462          (i) engage, or offer to engage, in an act that:
463          (A) the person represents will assist a borrower in preventing a foreclosure; and
464          (B) relates to a transaction involving the transfer of title to residential real property; or
465          (ii) as an employee or agent of another person:
466          (A) solicit, or offer that the other person will engage in an act described in Subsection
467     (1)(z)(i); or
468          (B) negotiate terms in relationship to an act described in Subsection (1)(z)(i).
469          (aa) "Inactive status" means a dormant status into which an unexpired license is placed
470     when the holder of the license is not currently engaging in the business of residential mortgage
471     loans.
472          (bb) "Lending manager" means an individual licensed as a lending manager under
473     Section 61-2c-206 to transact the business of residential mortgage loans.
474          (cc) "Licensee" means a person licensed with the division under this chapter.
475          (dd) "Licensing examination" means the examination required by Section 61-2c-204.1
476     or 61-2c-206 for an individual to obtain a license under this chapter.
477          (ee) "Loan modification assistance" means, for compensation or with the expectation
478     of receiving valuable consideration, to:
479          (i) act, or offer to act, on behalf of a person to:
480          (A) obtain a loan term of a residential mortgage loan that is different from an existing
481     loan term including:
482          (I) an increase or decrease in an interest rate;
483          (II) a change to the type of interest rate;
484          (III) an increase or decrease in the principal amount of the residential mortgage loan;
485          (IV) a change in the number of required period payments;
486          (V) an addition of collateral;
487          (VI) a change to, or addition of, a prepayment penalty;
488          (VII) an addition of a cosigner; or
489          (VIII) a change in persons obligated under the existing residential mortgage loan; or
490          (B) substitute a new residential mortgage loan for an existing residential mortgage
491     loan; or
492          (ii) as an employee or agent of another person:

493          (A) solicit, or offer that the other person will engage in an act described in Subsection
494     (1)(ee)(i); or
495          (B) negotiate terms in relationship to an act described in Subsection (1)(ee)(i).
496          (ff) (i) [Except as provided in Subsection (1)(ff)(ii), "mortgage] "Mortgage loan
497     originator" means an individual who, for compensation or in expectation of compensation:
498          (A) (I) takes a residential mortgage loan application; [or]
499          (II) offers or negotiates terms of a residential mortgage loan for the purpose of:
500          (Aa) a purchase;
501          (Bb) a refinance;
502          (Cc) a loan modification assistance; or
503          (Dd) a foreclosure rescue; [and] or
504          (III) directly or indirectly solicits a residential mortgage loan for another person; and
505          (B) is licensed as a mortgage loan originator in accordance with this chapter.
506          (ii) "Mortgage loan originator" does not include a person who:
507          (A) is described in Subsection (1)(ff)(i), but who performs exclusively administrative
508     or clerical tasks as described in Subsection (1)(h)(ii)(A);
509          (B) (I) is licensed under Chapter 2f, Real Estate Licensing and Practices Act;
510          (II) performs only real estate brokerage activities; and
511          (III) receives no compensation from:
512          (Aa) a lender;
513          (Bb) a lending manager; or
514          (Cc) an agent of a lender or lending manager; or
515          (C) is solely involved in extension of credit relating to a timeshare plan, as defined in
516     11 U.S.C. Sec. 101(53D).
517          (gg) "Nationwide database" means the Nationwide Mortgage Licensing System and
518     Registry, authorized under federal licensing requirements.
519          (hh) "Nontraditional mortgage product" means a mortgage product other than a 30-year
520     fixed rate mortgage.
521          (ii) "Person" means an individual or entity.
522          (jj) "Prelicensing education" means education taken by an individual seeking to be
523     licensed under this chapter in order to meet the education requirements imposed by Section

524     61-2c-204.1 or 61-2c-206 for an individual to obtain a license under this chapter.
525          (kk) "Principal lending manager" means an individual:
526          (i) licensed as a lending manager under Section 61-2c-206; and
527          (ii) identified in the nationwide database by the individual's sponsoring entity as the
528     entity's principal lending manager.
529          (ll) "Prospective borrower" means a person applying for a mortgage from a person who
530     is required to be licensed under this chapter.
531          (mm) "Record" means information that is:
532          (i) prepared, owned, received, or retained by a person; and
533          (ii) (A) inscribed on a tangible medium; or
534          (B) (I) stored in an electronic or other medium; and
535          (II) in a perceivable and reproducible form.
536          (nn) "Referral fee":
537          (i) means any fee, kickback, other compensation, or thing of value tendered for a
538     referral of business or a service incident to or part of a residential mortgage loan transaction;
539     and
540          (ii) does not include:
541          (A) a payment made by a licensed entity to an individual employed by the entity under
542     a contractual incentive program according to rules made by the division in accordance with
543     Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
544          (B) a payment made for reasonable promotional and educational activities that is not
545     conditioned on the referral of business and is not used to pay expenses that a person in a
546     position to refer settlement services or business related to the settlement services would
547     otherwise incur.
548          (oo) "Residential mortgage loan" means an extension of credit, if:
549          (i) the loan or extension of credit is secured by a:
550          (A) mortgage;
551          (B) deed of trust; or
552          (C) consensual security interest; and
553          (ii) the mortgage, deed of trust, or consensual security interest described in Subsection
554     (1)(oo)(i):

555          (A) is on a dwelling located in the state; and
556          (B) is created with the consent of the owner of the residential real property[; and].
557          [(iii) solely for the purposes of defining "mortgage loan originator," the extension of
558     credit is primarily for personal, family, or household use.]
559          (pp) "Settlement" means the time at which each of the following is complete:
560          (i) the borrower and, if applicable, the seller sign and deliver to each other or to the
561     escrow or closing office each document required by:
562          (A) the real estate purchase contract;
563          (B) the lender;
564          (C) the title insurance company;
565          (D) the escrow or closing office;
566          (E) the written escrow instructions; or
567          (F) applicable law;
568          (ii) the borrower delivers to the seller, if applicable, or to the escrow or closing office
569     any money, except for the proceeds of any new loan, that the borrower is required to pay; and
570          (iii) if applicable, the seller delivers to the buyer or to the escrow or closing office any
571     money that the seller is required to pay.
572          (qq) "Settlement services" means a service provided in connection with a real estate
573     settlement, including a title search, a title examination, the provision of a title certificate,
574     services related to title insurance, services rendered by an attorney, preparing documents, a
575     property survey, rendering a credit report or appraisal, a pest or fungus inspection, services
576     rendered by a real estate agent or broker, the origination of a federally related mortgage loan,
577     and the processing of a federally related mortgage.
578          (rr) "Sponsorship" means an association in accordance with Section 61-2c-209 between
579     an individual licensed under this chapter and an entity licensed under this chapter.
580          (ss) "State" means:
581          (i) a state, territory, or possession of the United States;
582          (ii) the District of Columbia; or
583          (iii) the Commonwealth of Puerto Rico.
584          (tt) "Unique identifier" means the same as that term is defined in 12 U.S.C. Sec. 5102.
585          (uu) "Utah-specific" means an educational or examination requirement under this

586     chapter that relates specifically to Utah.
587          (2) (a) If a term not defined in this section is defined by rule, the term shall have the
588     meaning established by the division by rule made in accordance with Title 63G, Chapter 3,
589     Utah Administrative Rulemaking Act.
590          (b) If a term not defined in this section is not defined by rule, the term shall have the
591     meaning commonly accepted in the business community.
592          Section 5. Section 61-2c-301 is amended to read:
593          61-2c-301. Prohibited conduct -- Violations of the chapter.
594          (1) A person transacting the business of residential mortgage loans in this state may
595     not:
596          (a) give or receive a referral fee[, other compensation, or anything of value in exchange
597     for a referral of residential mortgage loan business];
598          (b) charge a fee in connection with a residential mortgage loan transaction:
599          (i) that is excessive; or
600          (ii) without providing to the loan applicant a written statement signed by the loan
601     applicant:
602          (A) stating whether or not the fee or deposit is refundable; and
603          (B) describing the conditions, if any, under which all or a portion of the fee or deposit
604     will be refunded to the loan applicant;
605          [(c) give or receive compensation or anything of value in exchange for a referral of
606     settlement or loan closing services related to a residential mortgage loan transaction;]
607          (c) act incompetently in the transaction of the business of residential mortgage loans
608     such that the person fails to:
609          (i) safeguard the interests of the public; or
610          (ii) conform to acceptable standards of the residential mortgage loan industry;
611          (d) do any of the following as part of a residential mortgage loan transaction, regardless
612     of whether the residential mortgage loan closes:
613          (i) make a false statement or representation;
614          (ii) cause false documents to be generated; or
615          (iii) knowingly permit false information to be submitted by any party;
616          (e) give or receive compensation or anything of value, or withhold or threaten to

617     withhold payment of an appraiser fee, to influence the independent judgment of an appraiser in
618     reaching a value conclusion in a residential mortgage loan transaction, except that it is not a
619     violation of this section for a licensee to withhold payment because of a bona fide dispute
620     regarding a failure of the appraiser to comply with the licensing law or the Uniform Standards
621     of Professional Appraisal Practice;
622          (f) violate or not comply with:
623          (i) this chapter;
624          (ii) an order of the commission or division; or
625          (iii) a rule made by the division;
626          (g) fail to respond within the required time period to:
627          (i) a notice or complaint of the division; or
628          (ii) a request for information from the division;
629          (h) make false representations to the division, including in a licensure statement;
630          (i) for a residential mortgage loan transaction beginning on or after January 1, 2004,
631     engage in the business of residential mortgage loans with respect to the transaction if the
632     person also acts in any of the following capacities with respect to the same residential mortgage
633     loan transaction:
634          (i) appraiser;
635          (ii) escrow agent;
636          (iii) real estate agent;
637          (iv) general contractor; or
638          (v) title insurance producer;
639          (j) engage in unprofessional conduct as defined by rule;
640          (k) engage in an act or omission in transacting the business of residential mortgage
641     loans that constitutes dishonesty, fraud, or misrepresentation;
642          (l) engage in false or misleading advertising;
643          (m) (i) fail to account for money received in connection with a residential mortgage
644     loan;
645          (ii) use money for a different purpose from the purpose for which the money is
646     received; or
647          (iii) except as provided in Subsection (4), retain money paid for services if the services

648     are not performed;
649          (n) fail to provide a prospective borrower a copy of each appraisal and any other
650     written valuation developed in connection with an application for credit that is to be secured by
651     a first lien on a dwelling in accordance with Subsection (5);
652          (o) engage in an act that is performed to:
653          (i) evade this chapter; or
654          (ii) assist another person to evade this chapter;
655          (p) recommend or encourage default, delinquency, or continuation of an existing
656     default or delinquency, by a mortgage applicant on an existing indebtedness before the closing
657     of a residential mortgage loan that will refinance all or part of the indebtedness;
658          (q) in the case of the lending manager of an entity or a branch office of an entity, fail to
659     exercise reasonable supervision over the activities of:
660          (i) unlicensed staff; or
661          (ii) a mortgage loan originator who is affiliated with the lending manager;
662          (r) pay or offer to pay an individual who does not hold a license under this chapter for
663     work that requires the individual to hold a license under this chapter;
664          (s) in the case of a dual licensed title licensee as defined in Section 31A-2-402:
665          (i) provide a title insurance product or service without the approval required by Section
666     31A-2-405; or
667          (ii) knowingly provide false or misleading information in the statement required by
668     Subsection 31A-2-405(2);
669          (t) represent to the public that the person can or will perform any act of a mortgage
670     loan originator if that person is not licensed under this chapter because the person is exempt
671     under Subsection 61-2c-102(1)(h)(ii)(A), including through:
672          (i) advertising;
673          (ii) a business card;
674          (iii) stationery;
675          (iv) a brochure;
676          (v) a sign;
677          (vi) a rate list; or
678          (vii) other promotional item;

679          (u) (i) engage in an act of loan modification assistance without being licensed under
680     this chapter;
681          (ii) engage in an act of foreclosure rescue that requires licensure as a real estate agent
682     or real estate broker under Chapter 2, Division of Real Estate, without being licensed under
683     that chapter;
684          (iii) engage in an act of loan modification assistance without entering into a written
685     agreement specifying which one or more acts of loan modification assistance will be
686     completed;
687          (iv) request or require a person to pay a fee before obtaining:
688          (A) a written offer for a loan modification from the person's lender or servicer; and
689          (B) the person's written acceptance of the offer from the lender or servicer;
690          (v) induce a person seeking a loan modification to hire the licensee to engage in an act
691     of loan modification assistance by:
692          (A) suggesting to the person that the licensee has a special relationship with the
693     person's lender or loan servicer; or
694          (B) falsely representing or advertising that the licensee is acting on behalf of:
695          (I) a government agency;
696          (II) the person's lender or loan servicer; or
697          (III) a nonprofit or charitable institution;
698          (vi) recommend or participate in a loan modification that requires a person to:
699          (A) transfer title to real property to the licensee or to a third-party with whom the
700     licensee has a business relationship or financial interest;
701          (B) make a mortgage payment to a person other than the person's loan servicer; or
702          (C) refrain from contacting the person's:
703          (I) lender;
704          (II) loan servicer;
705          (III) attorney;
706          (IV) credit counselor; or
707          (V) housing counselor; or
708          (vii) for an agreement for loan modification assistance entered into on or after May 11,
709     2010, engage in an act of loan modification assistance without offering in writing to the person

710     entering into the agreement for loan modification assistance a right to cancel the agreement
711     within three business days after the day on which the person enters the agreement; [or]
712          (v) sign or initial a document on behalf of another person, except for in a circumstance
713     allowed by the division by rule, with the concurrence of the commission, made in accordance
714     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
715          [(v)] (w) violate or fail to comply with a provision of Title 57, Chapter 28, Utah
716     Reverse Mortgage Act.
717          (2) Whether or not the crime is related to the business of residential mortgage loans, it
718     is a violation of this chapter for a licensee or a person who is a certified education provider to
719     do any of the following with respect to a criminal offense that involves moral turpitude:
720          (a) be convicted;
721          (b) plead guilty or nolo contendere;
722          (c) enter a plea in abeyance; or
723          (d) be subjected to a criminal disposition similar to the ones described in Subsections
724     (2)(a) through (c).
725          (3) A lending manager does not violate Subsection (1)(q) if:
726          (a) in contravention of the lending manager's written policies and instructions, an
727     affiliated licensee of the lending manager violates:
728          (i) this chapter; or
729          (ii) rules made by the division under this chapter;
730          (b) the lending manager established and followed reasonable procedures to ensure that
731     affiliated licensees receive adequate supervision;
732          (c) upon learning of a violation by an affiliated licensee, the lending manager
733     attempted to prevent or mitigate the damage;
734          (d) the lending manager did not participate in or ratify the violation by an affiliated
735     licensee; and
736          (e) the lending manager did not attempt to avoid learning of the violation.
737          (4) Notwithstanding Subsection (1)(m)(iii), a licensee may, upon compliance with
738     Section 70D-2-305, charge a reasonable cancellation fee for work done originating a mortgage
739     if the mortgage is not closed.
740          (5) (a) Except as provided in Subsection (5)(b), a person transacting the business of

741     residential mortgage loans in this state shall provide a prospective borrower a copy of each
742     appraisal and any other written valuation developed in connection with an application for credit
743     that is to be secured by a first lien on a dwelling on or before the earlier of:
744          (i) as soon as reasonably possible after the appraisal or other valuation is complete; or
745          (ii) three business days before the day of the settlement.
746          (b) Subject to Subsection (5)(c), unless otherwise prohibited by law, a prospective
747     borrower may waive the timing requirement described in Subsection (5)(a) and agree to receive
748     each appraisal and any other written valuation:
749          (i) less than three business days before the day of the settlement; or
750          (ii) at the settlement.
751          (c) (i) Except as provided in Subsection (5)(c)(ii), a prospective borrower shall submit
752     a waiver described in Subsection (5)(b) at least three business days before the day of the
753     settlement.
754          (ii) Subsection (5)(b) does not apply if the waiver only pertains to a copy of an
755     appraisal or other written valuation that contains only clerical changes from a previous version
756     of the appraisal or other written valuation and the prospective borrower received a copy of the
757     original appraisal or other written valuation at least three business days before the day of the
758     settlement.
759          (d) If a prospective borrower submits a waiver described in Subsection (5)(b) and the
760     transaction never completes, the person transacting the business of residential mortgage loans
761     shall provide a copy of each appraisal or any other written valuation to the applicant no later
762     than 30 days after the day on which the person knows the transaction will not complete.
763          Section 6. Section 61-2c-401 is amended to read:
764          61-2c-401. Investigations.
765          (1) The division may investigate or cause to be investigated the actions of:
766          (a) (i) a licensee;
767          (ii) a person required to be licensed under this chapter; or
768          (iii) the following with respect to an entity that is a licensee or an entity required to be
769     licensed under this chapter:
770          (A) a manager;
771          (B) a managing partner;

772          (C) a director;
773          (D) an executive officer; or
774          (E) an individual who performs a function similar to an individual listed in this
775     Subsection (1)(a)(iii);
776          (b) (i) an applicant for licensure or renewal of licensure under this chapter; or
777          (ii) the following with respect to an entity that has applied for a license or renewal of
778     licensure under this chapter:
779          (A) a manager;
780          (B) a managing partner;
781          (C) a director;
782          (D) an executive officer; or
783          (E) an individual who performs a function similar to an individual listed in this
784     Subsection (1)(b)(ii); or
785          (c) a person who transacts the business of residential mortgage loans within this state.
786          (2) In conducting investigations, records inspections, and adjudicative proceedings, the
787     division may:
788          (a) administer an oath or affirmation;
789          [(b) subpoena witnesses and evidence;]
790          (b) issue a subpoena that requires:
791          (i) the attendance and testimony of a witness; or
792          (ii) the production of evidence;
793          (c) take evidence;
794          (d) require the production of a record or information relevant to an investigation; and
795          (e) serve a subpoena by certified mail.
796          (3) (a) A court of competent jurisdiction shall enforce, according to the practice and
797     procedure of the court, a subpoena issued by the division.
798          (b) The division shall pay any witness fee, travel expense, mileage, or any other fee
799     required by the service statutes of the state where the witness or evidence is located.
800          [(3)] (4) A failure to respond to a request by the division in an investigation authorized
801     under this chapter is considered as a separate violation of this chapter, including:
802          (a) failing to respond to a subpoena;

803          (b) withholding evidence; or
804          (c) failing to produce a record.
805          [(4)] (5) The division may inspect and copy a record related to the business of
806     residential mortgage loans by a licensee under this chapter, regardless of whether the record is
807     maintained at a business location in Utah, in conducting:
808          (a) investigations of complaints; or
809          (b) inspections of the record required to be maintained under:
810          (i) this chapter; or
811          (ii) rules adopted by the division under this chapter.
812          [(5)] (6) (a) If a licensee maintains a record required by this chapter and the rules
813     adopted by the division under this chapter outside Utah, the licensee is responsible for all
814     reasonable costs, including reasonable travel costs, incurred by the division in inspecting the
815     record.
816          (b) Upon receipt of notification from the division that a record maintained outside Utah
817     is to be examined in connection with an investigation or an examination, the licensee shall
818     deposit with the division a deposit of $500 to cover the division's expenses in connection with
819     the examination of the record.
820          (c) If the deposit described in Subsection [(5)] (6)(b) is insufficient to meet the
821     estimated costs and expenses of examination of the record, the licensee shall make an
822     additional deposit to cover the estimated costs and expenses of the division.
823          (d) (i) A deposit under this Subsection [(5)] (6) shall be deposited in the General Fund
824     as a dedicated credit to be used by the division under Subsection [(5)] (6)(a).
825          (ii) The division, with the concurrence of the executive director, may use a deposit as a
826     dedicated credit for the records inspection costs under Subsection [(5)] (6)(a).
827          (iii) A deposit under this Subsection [(5)] (6) shall be refunded to the licensee to the
828     extent it is not used, together with an itemized statement from the division of all amounts it has
829     used.
830          [(6)] (7) Failure to deposit with the division a deposit required to cover the costs of
831     examination of a record that is maintained outside Utah shall result in automatic suspension of
832     a license until the deposit is made.
833          [(7)] (8) (a) If a person is found to have violated this chapter or a rule made under this

834     chapter, the person shall pay the costs incurred by the division to copy a record required under
835     this chapter, including the costs incurred to copy an electronic record in a universally readable
836     format.
837          (b) If a person fails to pay the costs described in Subsection [(7)] (8)(a) when due, the
838     person's license or certification is automatically suspended:
839          (i) beginning the day on which the payment of costs is due; and
840          (ii) ending the day on which the costs are paid.
841          Section 7. Section 61-2c-402 is amended to read:
842          61-2c-402. Disciplinary action.
843          (1) Subject to the requirements of Section 61-2c-402.1, the commission, with the
844     concurrence of the division, may impose a sanction described in Subsection (2) against a
845     person if the person:
846          (a) (i) is a licensee, a person previously licensed under this chapter for an act the person
847     committed while licensed, or a person required to be licensed under this chapter; and
848          (ii) violates this chapter; or
849          (b) (i) is a certified education provider or person required to be certified to provide
850     prelicensing or continuing education under this chapter; and
851          (ii) violates this chapter.
852          (2) The commission, with the concurrence of the director, may against a person
853     described in Subsection (1):
854          (a) impose an educational requirement;
855          (b) impose a civil penalty against the individual or entity in an amount not to exceed
856     the greater of:
857          (i) $5,000 for each violation; or
858          (ii) the amount equal to any gain or economic benefit derived from each violation;
859          (c) deny an application for an original license;
860          (d) do any of the following to a license under this chapter:
861          (i) suspend;
862          (ii) revoke;
863          (iii) place on probation;
864          (iv) reduce a lending manager license to a loan originator license;

865          [(iv)] (v) deny renewal;
866          [(v)] (vi) deny reinstatement; or
867          [(vi)] (vii) in the case of a denial of a license or a suspension that extends to the
868     expiration date of a license, set a waiting period for a person to apply for a license under this
869     chapter;
870          (e) issue a cease and desist order;
871           (f) require the reimbursement of the division of costs incurred by the division related to
872     the recovery, storage, or destruction of a record that the person disposes of in a manner that
873     violates this chapter or a rule made under this chapter;
874          (g) modify a sanction described in Subsections (2)(a) through (f) if the commission
875     finds that the person complies with court ordered restitution; or
876          (h) impose any combination of sanctions described in this Subsection (2).
877          (3) (a) If the commission, with the concurrence of the division, issues an order that
878     orders a fine or educational requirements as part of a disciplinary action against a person,
879     including a stipulation and order, the commission shall state in the order the deadline by which
880     the person shall comply with the fine or educational requirements.
881          (b) If a person fails to comply with a stated deadline:
882          (i) the person's license or certificate is automatically suspended:
883          (A) beginning the day specified in the order as the deadline for compliance; and
884          (B) ending the day on which the person complies in full with the order; and
885          (ii) if the person fails to pay a fine required by an order, the division may begin a
886     collection process:
887          (A) established by the division by rule made in accordance with Title 63G, Chapter 3,
888     Utah Administrative Rulemaking Act; and
889          (B) subject to Title 63A, Chapter 3, Part 5, Office of State Debt Collection.
890          (4) (a) A person whose license was revoked under this chapter before May 11, 2010,
891     may request that the revocation be converted to a suspension under this Subsection (4):
892          (i) if the revocation was not as a result of a felony conviction involving fraud,
893     misrepresentation, deceit, dishonesty, breach of trust, or money laundering; and
894          (ii) by filing a written request with the division.
895          (b) Upon receipt of a request to convert a revocation under this Subsection (4), the

896     commission, with the concurrence of the director, shall determine whether to convert the
897     revocation.
898          (c) The commission may delegate to the division the authority to make a decision on
899     whether to convert a revocation.
900          (d) If the division, acting under Subsection (4)(c), denies a request to convert a
901     revocation, the person who requests the conversion may appeal the decision in a hearing
902     conducted by the commission:
903          (i) after the division denies the request to convert the revocation; and
904          (ii) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
905          (e) The commission may delegate to the division or an administrative law judge the
906     authority to conduct a hearing described in Subsection (4)(d).
907          Section 8. Section 61-2c-507 is amended to read:
908          61-2c-507. Division subrogated -- Authority to suspend license.
909          (1) If the division pays a person from the fund in accordance with this part:
910          (a) the division is subrogated to the rights of that person for the amounts paid out of the
911     fund; and
912          (b) any amount and interest recovered by the division shall be deposited in the fund.
913          (2) (a) Subject to Subsection (2)(b), the license of a licensee for whom payment from
914     the fund is made under this part is automatically [revoked] suspended as of the earlier of the
915     day on which:
916          (i) the division is ordered by a court to pay from the fund; or
917          (ii) the division pays from the fund.
918          (b) (i) A person whose license is [revoked] suspended under Subsection (2)(a) may
919     appeal the [revocation] suspension in a de novo hearing conducted by the commission:
920          (A) after the [revocation] suspension; and
921          (B) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
922          (ii) The commission may delegate:
923          (A) to the division or an administrative law judge the authority to conduct a hearing
924     described in Subsection (2)(b)(i); or
925          (B) to the division the authority to make a decision on whether relief from a
926     [revocation] suspension should be granted.

927          (3) Unless the [revocation] suspension is not upheld after a hearing described in
928     Subsection (2)(b), a licensee whose license is [revoked] suspended pursuant to Subsection (2)
929     may not apply to renew a license nor apply for a new license until the licensee:
930          (a) pays into the fund:
931          [(a)] (i) the amount paid out of the fund on behalf of the licensee; and
932          [(b)] (ii) interest at a rate determined by the division with the concurrence of the
933     commission[.]; and
934          (b) participates in a hearing before the commission and is approved by the commission,
935     with the concurrence of the director, for licensure or activation of the suspended license.
936          Section 9. Section 61-2e-204 is amended to read:
937          61-2e-204. Renewal of a registration.
938          (1) (a) A registration under this chapter expires two years from the day on which the
939     registration is approved.
940          (b) Notwithstanding Subsection (1)(a), the time period of a registration may be
941     extended or shortened by as much as one year to maintain or change a renewal cycle
942     established by rule by the division.
943          (2) To renew a registration under this chapter, before the day on which the registration
944     expires, an appraisal management company shall:
945          (a) file with the division a renewal registration application on a form prescribed by the
946     division;
947          (b) pay to the division a fee determined in accordance with Section 63J-1-504; and
948          (c) file with the division a certificate evidencing that the appraisal management
949     company has secured and will maintain a surety bond with one or more corporate sureties
950     authorized to do business in the state in the amount of at least $25,000, as the division provides
951     by rule.
952          (3) (a) An appraisal management company's registration is immediately and
953     automatically suspended if:
954          (i) the appraisal management company's surety bond lapses or is cancelled during the
955     time period described in Subsection (1); and
956          (ii) the appraisal management company fails to obtain or reinstate a surety bond within
957     30 days after the day on which the surety bond lapses or is cancelled.

958          (b) To reinstate a registration suspended under Subsection (3)(a), the appraisal
959     management company shall provide evidence to the division that the appraisal management
960     company is in compliance with the surety bond requirement described in this section.
961          (4) A renewal registration application shall include substantially similar information to
962     the information required under Section 61-2e-202, except that for an individual described in
963     Subsection 61-2e-202(2)(e) or (g), the entity is required to report whether the individual has
964     had:
965          (a) (i) a conviction of a criminal offense;
966          (ii) the entry of a plea in abeyance to a criminal offense; or
967          (iii) the potential resolution of a criminal case by:
968          (A) a diversion agreement; or
969          (B) another agreement under which a criminal charge is held in suspense for a period
970     of time;
971          (b) a filing of personal bankruptcy or bankruptcy of a business that transacts the
972     appraisal management services;
973          (c) the suspension, revocation, surrender, cancellation, or denial of a professional
974     license or certification, whether the license or registration is issued by this state or another
975     jurisdiction; or
976          (d) the entry of a cease and desist order or a temporary or permanent injunction:
977          (i) against the individual by a court or government agency; and
978          (ii) on the basis of:
979          (A) conduct or a practice involving the business of appraisal management services; or
980          (B) conduct involving fraud, misrepresentation, or deceit.
981          (5) A registration expires if it is not renewed on or before its expiration date, except
982     that for a period of one year after the expiration date, the registration may be reinstated upon
983     compliance with this section, including payment of a renewal fee and a late fee determined by
984     the division and the board.
985          (6) Notwithstanding Subsection (5), the division may extend the term of a license that
986     would expire under Subsection (5) except for the extension if:
987          (a) (i) the person complies with the requirements of this section to renew the
988     registration; and

989          (ii) the renewal application remains pending at the time of the extension; or
990          (b) at the time of the extension, there is pending under this chapter a disciplinary
991     action.
992          Section 10. Section 61-2e-301 is amended to read:
993          61-2e-301. Use of licensed or certified appraisers.
994          (1) An appraisal management company required to be registered under this chapter
995     may not enter into an agreement with an appraiser for the performance of a real estate appraisal
996     activity unless the appraiser is licensed or certified in good standing pursuant to Chapter 2g,
997     Real Estate Appraiser Licensing and Certification Act.
998          (2) (a) An appraisal management company required to be registered under this chapter
999     shall have a system to verify that an individual added to the appraiser panel of the appraisal
1000     management company holds a license or certificate in good standing in this state pursuant to
1001     Chapter 2g, Real Estate Appraiser Licensing and Certification Act.
1002          (b) As part of the registration process under Part 2, Registration, an appraisal
1003     management company shall biennially provide an explanation of the system described in
1004     Subsection (2)(a) in the form prescribed by the division.
1005          (3) The board, with the concurrence of the division, may establish, by rule made in
1006     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements
1007     regarding when use of a licensed appraiser or certified appraiser is appropriate, including how
1008     an assignment is offered to an appraiser.
1009          Section 11. Section 61-2e-304 is amended to read:
1010          61-2e-304. Required disclosure -- Customary and reasonable compensation.
1011          (1) Before an appraisal management company may receive money from a client for a
1012     real estate appraisal activity requested by the client, the appraisal management company shall
1013     disclose to the client the total compensation that the appraisal management company pays to
1014     the appraiser who performs the real estate appraisal activity.
1015          (2) An appraisal management company shall compensate an appraiser for an appraisal
1016     at a rate that is:
1017          (a) customary and reasonable for an appraisal in the geographic market area of the
1018     property being appraised; and
1019          (b) consistent with a presumption of compliance under the Dodd-Frank Wall Street

1020     Reform and Consumer Protection Act, Pub. L. No. 111-203, and implementing federal
1021     regulations.
1022          [(2)] (3) The board may, with the concurrence of the division, define by rule made in
1023     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
1024          [(a) what constitutes the total compensation that an appraisal management company
1025     pays to an appraiser who performs a real estate appraisal activity, except that the rules shall
1026     provide for disclosing this amount:]
1027          [(i) as a dollar amount; or]
1028          [(ii) as a percentage of the total amount charged to a client by an appraisal management
1029     company;]
1030          [(b) the method an appraisal management company is required to use in calculating the
1031     figures described in Subsection (2)(a); and]
1032          (a) the disclosures required to be made by the appraisal management company to the
1033     appraiser;
1034          (b) the disclosures required to be made by the appraiser in the appraisal report;
1035          (c) the form and content of the disclosure required by Subsection (1)[.]; and
1036          (d) the customary and reasonable compensation required to be paid to appraisers by
1037     appraisal management companies.
1038          Section 12. Section 61-2e-306 is amended to read:
1039          61-2e-306. Removal of appraiser from appraisal panel.
1040          (1) Except within the first 30 days after the day on which an appraiser is first added to
1041     the appraiser panel of an appraisal management company, an appraisal management company
1042     may not remove the appraiser from its appraiser panel, or otherwise refuse to assign a request
1043     for a real estate appraisal activity to [an] the appraiser without:
1044          [(1)] (a) notifying the appraiser in writing of:
1045          [(a)] (i) the reason why the appraiser is being removed from the appraiser panel of the
1046     appraisal management company; and
1047          [(b)] (ii) the nature of the alleged conduct or violation if the appraiser is being removed
1048     from the appraiser panel for:
1049          [(i)] (A) illegal conduct; or
1050          [(ii)] (B) a violation of the applicable appraisal standards; and

1051          [(2)] (b) providing an opportunity for the appraiser to respond to the notification [of the
1052     appraisal management company] under Subsection (1)(a).
1053          (2) The board, with the concurrence of the division, may establish by rule made in
1054     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements
1055     consistent with this section regarding the removal of an appraiser from an appraisal panel.
1056          Section 13. Section 61-2e-307 is amended to read:
1057          61-2e-307. Prohibited acts -- Exclusions.
1058          (1) An appraisal management company required to be registered under this chapter and
1059     a controlling person, employee, or agent of the appraisal management company may not:
1060          (a) engage in an act of coercion, extortion, intimidation, or bribery for any purpose
1061     related to an appraisal;
1062          (b) compensate an appraiser in a manner that the person should reasonably know
1063     would result in the appraiser not conducting a real estate appraisal activity in a manner
1064     consistent with applicable appraisal standards;
1065          (c) engage in the business of an appraisal management company under an assumed or
1066     fictitious name not properly registered in the state;
1067          (d) accept a contingent fee for performing an appraisal management service if the fee is
1068     contingent on:
1069          (i) the appraisal report having a predetermined analysis, opinion, or conclusion;
1070          (ii) the analysis, opinion, conclusion, or valuation reached in an appraisal report; or
1071          (iii) the consequences resulting from the appraisal assignment;
1072          (e) require an appraiser to indemnify the appraisal management company against
1073     liability except liability for errors and omissions by the appraiser; or
1074          (f) alter, modify, or otherwise change a completed appraisal report submitted by an
1075     appraiser.
1076          (2) An appraisal management company required to be registered under this chapter, or
1077     a controlling person, employee, or agent of the appraisal management company may not
1078     influence or attempt to influence the development, reporting, or review of an appraisal through:
1079          (a) coercion;
1080          (b) extortion;
1081          (c) collusion;

1082          (d) compensation;
1083          (e) instruction;
1084          (f) inducement;
1085          (g) intimidation;
1086          (h) bribery; or
1087          (i) any other manner that would constitute undue influence.
1088          (3) A violation of Subsection (2) includes doing one or more of the following for a
1089     purpose listed in Subsection (2):
1090          (a) withholding or threatening to withhold timely payment for an appraisal;
1091          (b) withholding or threatening to withhold future business for an appraiser;
1092          (c) taking adverse action or threatening to take adverse action against an appraiser
1093     regarding use of the appraiser for a real estate appraisal activity;
1094          (d) expressly or by implication promising future business or increased compensation
1095     for an appraiser;
1096          (e) conditioning one or more of the following on the opinion, conclusion, or valuation
1097     to be reached, or on a preliminary estimate or opinion requested from an appraiser:
1098          (i) a request for a real estate appraisal activity; or
1099          (ii) the payment of consideration;
1100          (f) requesting that an appraiser provide at any time before the appraiser's completion of
1101     a real estate appraisal activity:
1102          (i) an estimated, predetermined, or desired valuation in an appraisal report; or
1103          (ii) an estimated value or comparable sale;
1104          (g) except for a copy of a sales contract for a purchase transaction, providing to an
1105     appraiser:
1106          (i) an anticipated, estimated, encouraged, or desired value for a subject property; or
1107          (ii) a proposed or target amount to be loaned to the borrower;
1108          (h) providing to an appraiser, or an individual related to the appraiser, stock or other
1109     financial or non-financial benefits;
1110          (i) allowing the removal of an appraiser from an appraiser panel, without prior written
1111     notice to the appraiser as required by Section 61-2e-306;
1112          (j) obtaining, using, or paying for a subsequent appraisal or ordering an automated

1113     valuation model in connection with a mortgage financing transaction unless:
1114          (i) (A) there is a reasonable basis to believe that the initial appraisal does not meet
1115     applicable appraisal standards; and
1116          (B) the reasonable basis is noted in the loan file; or
1117          (ii) the subsequent appraisal or automated valuation model is done pursuant to a pre- or
1118     post-funding appraisal review or quality control process in accordance with applicable
1119     appraisal standards; [or]
1120          (k) removing or threatening to remove an appraiser from the appraiser panel if an
1121     appraiser requires a reasonable extension of the completion date for an appraisal assignment in
1122     order to complete a credible appraisal report; or
1123          [(k)] (l) engaging in any other act or practice that impairs or attempts to impair an
1124     appraiser's independence, objectivity, or impartiality.
1125          (4) This section may not be construed to prohibit an appraisal management company
1126     from requesting that an appraiser:
1127          (a) provide additional information about the basis for a valuation; or
1128          (b) correct an objective factual error in an appraisal report.
1129          Section 14. Section 61-2e-401 is amended to read:
1130          61-2e-401. Division authority -- Immunity.
1131          (1) (a) In addition to a power or duty expressly provided in this chapter, the division
1132     may:
1133          (i) receive and act on a complaint including:
1134          (A) taking action designed to obtain voluntary compliance with this chapter, including
1135     the issuance of a cease and desist order if the person against whom the order is issued is given
1136     the right to petition the board for review of the order; or
1137          (B) commencing an administrative or judicial proceeding on the division's own
1138     initiative;
1139          (ii) investigate an entity required to be registered under this chapter, regardless of
1140     whether the entity is located in Utah; [and]
1141          (iii) employ one or more investigators, clerks, or other employees or agents if:
1142          (A) approved by the executive director; and
1143          (B) within the budget of the division[.]; and

1144          (iv) issue a subpoena that requires:
1145          (A) the attendance and testimony of a witness; or
1146          (B) the production of evidence.
1147          (b) (i) A court of competent jurisdiction shall enforce, according to the practice and
1148     procedure of the court, a subpoena issued by the division.
1149          (ii) The division shall pay any witness fee, travel expense, mileage, or any other fee
1150     required by the service statutes of the state where the witness or evidence is located.
1151          [(b)] (c) A failure to respond to a request by the division in an investigation under this
1152     chapter is considered to be a separate violation of this chapter, including:
1153          (i) failing to respond to a subpoena;
1154          (ii) withholding evidence; or
1155          (iii) failing to produce a document or record.
1156          (2) (a) If a person is found to have violated this chapter or a rule made under this
1157     chapter, the person shall pay the costs incurred by the division to copy a book, paper, contract,
1158     document, or record required under this chapter, including the costs incurred to copy an
1159     electronic book, paper, contract, document, or record in a universally readable format.
1160          (b) If a person fails to pay the costs described in Subsection (2)(a) when due, the
1161     person's registration is automatically suspended:
1162          (i) beginning the day on which the payment of costs is due; and
1163          (ii) ending the day on which the costs are paid.
1164          (3) The division is immune from a civil action or criminal prosecution for initiating or
1165     assisting in a lawful investigation of an act or participating in a disciplinary proceeding under
1166     this chapter if the division takes the action:
1167          (a) without malicious intent; and
1168          (b) in the reasonable belief that the action is taken pursuant to the powers and duties
1169     vested in the division under this chapter.
1170          Section 15. Section 61-2f-102 is amended to read:
1171          61-2f-102. Definitions.
1172          As used in this chapter:
1173          (1) "Associate broker" means an individual who is:
1174          (a) employed or engaged as an independent contractor by or on behalf of a principal

1175     broker to perform an act set out in Subsection (18) for valuable consideration; and
1176          (b) licensed under this chapter as an associate broker.
1177          (2) "Branch office" means a principal broker's real estate brokerage office that is not
1178     the principal broker's main office.
1179          (3) "Business day" means a day other than:
1180          (a) a Saturday;
1181          (b) a Sunday; or
1182          (c) a federal or state holiday.
1183          (4) "Business opportunity" means the sale, lease, or exchange of any business that
1184     includes an interest in real estate.
1185          (5) "Commission" means the Real Estate Commission established under this chapter.
1186          (6) "Concurrence" means the entities given a concurring role must jointly agree for
1187     action to be taken.
1188          [(8)] (7) "Condominium homeowners' association" means the condominium unit
1189     owners acting as a group in accordance with declarations and bylaws.
1190          [(9)] (8) (a) "Condominium hotel" means one or more condominium units that are
1191     operated as a hotel.
1192          (b) "Condominium hotel" does not mean a hotel consisting of condominium units, all
1193     of which are owned by a single entity.
1194          [(7)] (9) "Condominium unit" [is as] means the same as that term is defined in Section
1195     57-8-3.
1196          (10) "Director" means the director of the Division of Real Estate.
1197          (11) "Division" means the Division of Real Estate.
1198          (12) "Entity" means:
1199          (a) a corporation;
1200          (b) a partnership;
1201          (c) a limited liability company;
1202          (d) a company;
1203          (e) an association;
1204          (f) a joint venture;
1205          (g) a business trust;

1206          (h) a trust; or
1207          (i) any organization similar to an entity described in Subsections (12)(a) through (h).
1208          (13) "Executive director" means the director of the Department of Commerce.
1209          (14) "Foreclosure rescue" means, for compensation or with the expectation of receiving
1210     valuable consideration, to:
1211          (a) engage, or offer to engage, in an act that:
1212          (i) the person represents will assist a borrower in preventing a foreclosure; and
1213          (ii) relates to a transaction involving the transfer of title to residential real property; or
1214          (b) as an employee or agent of another person:
1215          (i) solicit, or offer that the other person will engage in an act described in Subsection
1216     (14)(a); or
1217          (ii) negotiate terms in relationship to an act described in Subsection (14)(a).
1218          (15) "Loan modification assistance" means, for compensation or with the expectation
1219     of receiving valuable consideration, to:
1220          (a) act, or offer to act, on behalf of a person to:
1221          (i) obtain a loan term of a residential mortgage loan that is different from an existing
1222     loan term including:
1223          (A) an increase or decrease in an interest rate;
1224          (B) a change to the type of interest rate;
1225          (C) an increase or decrease in the principal amount of the residential mortgage loan;
1226          (D) a change in the number of required period payments;
1227          (E) an addition of collateral;
1228          (F) a change to, or addition of, a prepayment penalty;
1229          (G) an addition of a cosigner; or
1230          (H) a change in persons obligated under the existing residential mortgage loan; or
1231          (ii) substitute a new residential mortgage loan for an existing residential mortgage loan;
1232     or
1233          (b) as an employee or agent of another person:
1234          (i) solicit, or offer that the other person will engage in an act described in Subsection
1235     (15)(a); or
1236          (ii) negotiate terms in relationship to an act described in Subsection (15)(a).

1237          (16) "Main office" means the address which a principal broker designates with the
1238     division as the principal broker's primary brokerage office.
1239          (17) "Person" means an individual or entity.
1240          (18) "Principal broker" means an individual who is licensed or required to be licensed
1241     as a principal broker under this chapter [and] who:
1242          (a) [(i)] sells or lists for sale real estate, including real estate being sold as part of a
1243     foreclosure rescue, or a business opportunity with the expectation of receiving valuable
1244     consideration;
1245          [(ii)] (b) buys, exchanges, or auctions real estate, an option on real estate, a business
1246     opportunity, or an improvement on real estate with the expectation of receiving valuable
1247     consideration; [or]
1248          [(iii)] (c) advertises, offers, attempts, or otherwise holds the individual out to be
1249     engaged in the business described in Subsection (18)(a)[(i)] or [(ii)] (b);
1250          [(b)] (d) is employed by or on behalf of the owner of real estate or by a prospective
1251     purchaser of real estate and performs an act described in Subsection (18)(a), whether the
1252     individual's compensation is at a stated salary, a commission basis, upon a salary and
1253     commission basis, or otherwise;
1254          [(c) (i)] (e) with the expectation of receiving valuable consideration, manages property
1255     owned by another person; [or]
1256          [(ii)] (f) advertises or otherwise holds the individual out to be engaged in property
1257     management;
1258          [(d)] (g) with the expectation of receiving valuable consideration, assists or directs in
1259     the procurement of prospects for or the negotiation of a transaction listed in Subsections
1260     (18)[(a) and (c)](a) and (e);
1261          [(e)] (h) except for a mortgage lender, title insurance producer, or an employee of a
1262     mortgage lender or title insurance producer, assists or directs in the closing of a real estate
1263     transaction with the expectation of receiving valuable consideration; [or]
1264          [(f)] (i) engages in foreclosure rescue; or
1265          [(ii)] (j) advertises, offers, attempts, or otherwise holds the person out as being engaged
1266     in foreclosure rescue.
1267          (19) (a) "Property management" means engaging in, with the expectation of receiving

1268     valuable consideration, the management of real estate owned by another person or advertising
1269     or otherwise claiming to be engaged in property management by:
1270          (i) advertising for, arranging, negotiating, offering, or otherwise attempting or
1271     participating in a transaction calculated to secure the rental or leasing of real estate;
1272          (ii) collecting, agreeing, offering, or otherwise attempting to collect rent for the real
1273     estate and accounting for and disbursing the money collected; or
1274          (iii) authorizing expenditures for repairs to the real estate.
1275          (b) "Property management" does not include:
1276          (i) hotel or motel management;
1277          (ii) rental of tourist accommodations, including hotels, motels, tourist homes,
1278     condominiums, condominium hotels, mobile home park accommodations, campgrounds, or
1279     similar public accommodations for a period of less than 30 consecutive days, and the
1280     management activities associated with these rentals; or
1281          (iii) the leasing or management of surface or subsurface minerals or oil and gas
1282     interests, if the leasing or management is separate from a sale or lease of the surface estate.
1283          (20) "Real estate" includes leaseholds and business opportunities involving real
1284     property.
1285          (21) (a) "Regular salaried employee" means an individual who performs a service for
1286     wages or other remuneration, whose employer withholds federal employment taxes under a
1287     contract of hire, written or oral, express or implied.
1288          (b) "Regular salaried employee" does not include an individual who performs services
1289     on a project-by-project basis or on a commission basis.
1290          (22) "Reinstatement" means restoring a license that has expired or has been suspended.
1291          (23) "Reissuance" means the process by which a licensee may obtain a license
1292     following revocation of the license.
1293          (24) "Renewal" means extending a license for an additional licensing period on or
1294     before the date the license expires.
1295          (25) "Sales agent" means an individual who is:
1296          (a) affiliated with a principal broker, either as an independent contractor or an
1297     employee as provided in Section 61-2f-303, to perform for valuable consideration an act
1298     described in Subsection (18); and

1299          (b) licensed under this chapter as a sales agent.
1300          (26) (a) "Undivided fractionalized long-term estate" means an ownership interest in
1301     real property by two or more persons that is:
1302          (i) a tenancy in common; or
1303          (ii) any other legal form of undivided estate in real property including:
1304          (A) a fee estate;
1305          (B) a life estate; or
1306          (C) other long-term estate.
1307          (b) "Undivided fractionalized long-term estate" does not include a joint tenancy.
1308          Section 16. Section 61-2f-202 is amended to read:
1309          61-2f-202. Exempt persons and transactions.
1310          (1) (a) Except as provided in Subsection (1)(b), a license under this chapter is not
1311     required for:
1312          (i) an individual who as owner or lessor performs an act described in Subsection
1313     61-2f-102(18) with reference to real estate owned or leased by that individual;
1314          (ii) a regular salaried employee of the owner or lessor of real estate who, with reference
1315     to nonresidential real estate owned or leased by the employer, performs an act described in
1316     Subsection 61-2f-102(18)[(a) or](b) or (c);
1317          (iii) a regular salaried employee of the owner of real estate who performs property
1318     management services with reference to real estate owned by the employer, except that the
1319     employee may only manage real estate for one employer;
1320          (iv) an individual who performs property management services for the apartments at
1321     which that individual resides in exchange for free or reduced rent on that individual's
1322     apartment;
1323          (v) a regular salaried employee of a condominium homeowners' association who
1324     manages real estate subject to the declaration of condominium that established the
1325     condominium homeowners' association, except that the employee may only manage real estate
1326     for one condominium homeowners' association; and
1327          (vi) a regular salaried employee of a licensed property management company or real
1328     estate brokerage who performs support services, as prescribed by rule, for the property
1329     management company or real estate brokerage.

1330          (b) Subsection (1)(a) does not exempt from licensing:
1331          (i) an employee engaged in the sale of real estate regulated under:
1332          (A) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act; or
1333          (B) Title 57, Chapter 19, Timeshare and Camp Resort Act;
1334          (ii) an employee engaged in the sale of cooperative interests regulated under Title 57,
1335     Chapter 23, Real Estate Cooperative Marketing Act; or
1336          (iii) an individual whose interest as an owner or lessor is obtained by that individual or
1337     transferred to that individual for the purpose of evading the application of this chapter, and not
1338     for another legitimate business reason.
1339          (2) A license under this chapter is not required for:
1340          (a) an isolated transaction or service by an individual holding [a] an unsolicited, duly
1341     executed power of attorney from a property owner;
1342          (b) services rendered by an attorney admitted to practice law in this state in performing
1343     the attorney's duties as an attorney;
1344          (c) a receiver, trustee in bankruptcy, administrator, executor, or an individual acting
1345     under order of a court;
1346          (d) a trustee or employee of a trustee under a deed of trust or a will;
1347          (e) a public utility, officer of a public utility, or regular salaried employee of a public
1348     utility, unless performance of an act described in Subsection 61-2f-102(18) is in connection
1349     with the sale, purchase, lease, or other disposition of real estate or investment in real estate
1350     unrelated to the principal business activity of that public utility;
1351          (f) a regular salaried employee or authorized agent working under the oversight of the
1352     Department of Transportation when performing an act on behalf of the Department of
1353     Transportation in connection with one or more of the following:
1354          (i) the acquisition of real estate pursuant to Section 72-5-103;
1355          (ii) the disposal of real estate pursuant to Section 72-5-111;
1356          (iii) services that constitute property management; or
1357          (iv) the leasing of real estate; and
1358          (g) a regular salaried employee of a county, city, or town when performing an act on
1359     behalf of the county, city, or town:
1360          (i) in accordance with:

1361          (A) if a regular salaried employee of a city or town:
1362          (I) Title 10, Utah Municipal Code; or
1363          (II) Title 11, Cities, Counties, and Local Taxing Units; and
1364          (B) if a regular salaried employee of a county:
1365          (I) Title 11, Cities, Counties, and Local Taxing Units; and
1366          (II) Title 17, Counties; and
1367          (ii) in connection with one or more of the following:
1368          (A) the acquisition of real estate, including by eminent domain;
1369          (B) the disposal of real estate;
1370          (C) services that constitute property management; or
1371          (D) the leasing of real estate.
1372          (3) A license under this chapter is not required for an individual registered to act as a
1373     broker-dealer, agent, or investment adviser under the Utah and federal securities laws in the
1374     sale or the offer for sale of real estate if:
1375          (a) (i) the real estate is a necessary element of a "security" as that term is defined by the
1376     Securities Act of 1933 and the Securities Exchange Act of 1934; and
1377          (ii) the security is registered for sale in accordance with:
1378          (A) the Securities Act of 1933; or
1379          (B) Title 61, Chapter 1, Utah Uniform Securities Act; or
1380          (b) (i) it is a transaction in a security for which a Form D, described in 17 C.F.R. Sec.
1381     239.500, has been filed with the Securities and Exchange Commission pursuant to Regulation
1382     D, Rule 506, 17 C.F.R. Sec. 230.506; and
1383          (ii) the selling agent and the purchaser are not residents of this state.
1384          (4) As used in this section, "owner" does not include:
1385          (a) a person who holds an option to purchase real property;
1386          (b) a mortgagee;
1387          (c) a beneficiary under a deed of trust;
1388          (d) a trustee under a deed of trust; or
1389          (e) a person who owns or holds a claim that encumbers any real property or an
1390     improvement to the real property.
1391          Section 17. Section 61-2f-307 is amended to read:

1392          61-2f-307. Rulemaking required for offer or sale of an undivided fractionalized
1393     long-term estate -- Disclosures -- Management agreement.
1394          (1) (a) A licensee or certificate holder under this chapter who sells or offers to sell an
1395     undivided fractionalized long-term estate shall comply with the disclosure requirements
1396     imposed by rules made by the commission under this section.
1397          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1398     commission shall make rules as to the timing, form, and substance of disclosures required to be
1399     made by a licensee or certificate holder under this section.
1400          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1401     commission shall make rules imposing requirements for a management agreement related to an
1402     undivided fractionalized long-term estate that [makes] treats the offer or sale of the undivided
1403     fractionalized long-term estate [treated] as a real estate transaction and not [treated] as an offer
1404     or sale of a security under Chapter 1, Utah Uniform Securities Act.
1405          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1406     commission shall make rules establishing:
1407          (a) the disclosures required in the sale or offer of an undivided fractionalized long-term
1408     estate that is subject to a master lease;
1409          (b) requirements for the management of a master lease on an undivided fractionalized
1410     long-term estate; and
1411          (c) the requirements on the structure of a master lease on an undivided fractionalized
1412     long-term estate.
1413          Section 18. Section 61-2f-401 is amended to read:
1414          61-2f-401. Grounds for disciplinary action.
1415          The following acts are unlawful for a person licensed or required to be licensed under
1416     this chapter:
1417          (1) (a) making a substantial misrepresentation, including in a licensure statement;
1418          (b) making an intentional misrepresentation;
1419          (c) pursuing a continued and flagrant course of misrepresentation;
1420          (d) making a false representation or promise through an agent, sales agent, advertising,
1421     or otherwise; or
1422          (e) making a false representation or promise of a character likely to influence,

1423     persuade, or induce;
1424          (2) acting for more than one party in a transaction without the informed consent of the
1425     parties;
1426          (3) (a) acting as an associate broker or sales agent while not affiliated with a principal
1427     broker;
1428          (b) representing or attempting to represent a principal broker other than the principal
1429     broker with whom the person is affiliated; or
1430          (c) representing as sales agent or having a contractual relationship similar to that of
1431     sales agent with a person other than a principal broker;
1432          (4) (a) failing, within a reasonable time, to account for or to remit money that belongs
1433     to another and comes into the person's possession;
1434          (b) commingling money described in Subsection (4)(a) with the person's own money;
1435     or
1436          (c) diverting money described in Subsection (4)(a) from the purpose for which the
1437     money is received;
1438          (5) paying or offering to pay valuable consideration, as defined by the commission, to a
1439     person not licensed under this chapter, except that valuable consideration may be shared:
1440          (a) with a principal broker of another jurisdiction; or
1441          (b) as provided under:
1442          (i) Title 16, Chapter 10a, Utah Revised Business Corporation Act;
1443          (ii) Title 16, Chapter 11, Professional Corporation Act; or
1444          (iii) [Title 48, Chapter 2c, Utah Revised Limited Liability Company Act, or] Title 48,
1445     Chapter 3a, Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to
1446     Section 48-3a-1405;
1447          (6) for a principal broker, paying or offering to pay a sales agent or associate broker
1448     who is not affiliated with the principal broker at the time the sales agent or associate broker
1449     earned the compensation;
1450          (7) being incompetent to act as a principal broker, associate broker, or sales agent in
1451     such manner as to safeguard the interests of the public;
1452          (8) failing to voluntarily furnish a copy of a document to the parties before and after the
1453     execution of a document;

1454          (9) failing to keep and make available for inspection by the division a record of each
1455     transaction, including:
1456          (a) the names of buyers and sellers or lessees and lessors;
1457          (b) the identification of real estate;
1458          (c) the sale or rental price;
1459          (d) money received in trust;
1460          (e) agreements or instructions from buyers and sellers or lessees and lessors; and
1461          (f) any other information required by rule;
1462          (10) failing to disclose, in writing, in the purchase, sale, or rental of real estate, whether
1463     the purchase, sale, or rental is made for that person or for an undisclosed principal;
1464          (11) being convicted, within five years of the most recent application for licensure, of a
1465     criminal offense involving moral turpitude [within five years of the most recent application:
1466     (a)] regardless of whether:
1467          (a) the criminal offense is related to real estate; [and] or
1468          [(b) including:]
1469          [(i) a conviction based upon a plea of nolo contendere; or]
1470          [(ii) a plea held in abeyance to a criminal offense involving moral turpitude;]
1471          (b) the conviction is based upon a plea of nolo contendere;
1472          (12) having, within five years of the most recent application for a license under this
1473     chapter, entered any of the following related to a criminal offense involving moral turpitude:
1474          (a) a plea in abeyance agreement;
1475          (b) a diversion agreement;
1476          (c) a withheld judgment; or
1477          (d) an agreement in which a charge was held in suspense during a period of time when
1478     the licensee was on probation or was obligated to comply with conditions outlined by a court;
1479          [(12)] (13) advertising the availability of real estate or the services of a licensee in a
1480     false, misleading, or deceptive manner;
1481          [(13)] (14) in the case of a principal broker or a licensee who is a branch manager,
1482     failing to exercise reasonable supervision over the activities of the principal broker's or branch
1483     manager's licensed or unlicensed staff;
1484          [(14)] (15) violating or disregarding:

1485          (a) this chapter;
1486          (b) an order of the commission; or
1487          (c) the rules adopted by the commission and the division;
1488          [(15)] (16) breaching a fiduciary duty owed by a licensee to the licensee's principal in a
1489     real estate transaction;
1490          [(16)] (17) any other conduct which constitutes dishonest dealing;
1491          [(17)] (18) unprofessional conduct as defined by statute or rule;
1492          [(18)] (19) having one of the following suspended, revoked, surrendered, or cancelled
1493     on the basis of misconduct in a professional capacity that relates to character, honesty,
1494     integrity, or truthfulness:
1495          (a) a real estate license, registration, or certificate issued by another jurisdiction; or
1496          (b) another license, registration, or certificate to engage in an occupation or profession
1497     issued by this state or another jurisdiction;
1498          [(19)] (20) failing to respond to a request by the division in an investigation authorized
1499     under this chapter, including:
1500          (a) failing to respond to a subpoena;
1501          (b) withholding evidence; or
1502          (c) failing to produce documents or records;
1503          [(20)] (21) in the case of a dual licensed title licensee as defined in Section 31A-2-402:
1504          (a) providing a title insurance product or service without the approval required by
1505     Section 31A-2-405; or
1506          (b) knowingly providing false or misleading information in the statement required by
1507     Subsection 31A-2-405(2);
1508          [(21)] (22) violating an independent contractor agreement between a principal broker
1509     and a sales agent or associate broker as evidenced by a final judgment of a court;
1510          [(22)] (23) (a) engaging in an act of loan modification assistance that requires licensure
1511     as a mortgage officer under Chapter 2c, Utah Residential Mortgage Practices and Licensing
1512     Act, without being licensed under that chapter;
1513          (b) engaging in an act of foreclosure rescue without entering into a written agreement
1514     specifying what one or more acts of foreclosure rescue will be completed;
1515          (c) inducing a person who is at risk of foreclosure to hire the licensee to engage in an

1516     act of foreclosure rescue by:
1517          (i) suggesting to the person that the licensee has a special relationship with the person's
1518     lender or loan servicer; or
1519          (ii) falsely representing or advertising that the licensee is acting on behalf of:
1520          (A) a government agency;
1521          (B) the person's lender or loan servicer; or
1522          (C) a nonprofit or charitable institution; or
1523          (d) recommending or participating in a foreclosure rescue that requires a person to:
1524          (i) transfer title to real estate to the licensee or to a third-party with whom the licensee
1525     has a business relationship or financial interest;
1526          (ii) make a mortgage payment to a person other than the person's loan servicer; or
1527          (iii) refrain from contacting the person's:
1528          (A) lender;
1529          (B) loan servicer;
1530          (C) attorney;
1531          (D) credit counselor; or
1532          (E) housing counselor;
1533          [(23)] (24) as a principal broker, placing a lien on real property, unless authorized by
1534     law; or
1535          [(24)] (25) as a sales agent or associate broker, placing a lien on real property for an
1536     unpaid commission or other compensation related to real estate brokerage services.
1537          Section 19. Section 61-2f-402 is amended to read:
1538          61-2f-402. Investigations.
1539          (1) The division may make an investigation within or outside of this state as the
1540     division considers necessary to determine whether a person has violated, is violating, or is
1541     about to violate this chapter or any rule or order under this chapter.
1542          (2) To aid in the enforcement of this chapter or in the prescribing of rules and forms
1543     under this chapter, the division may require or permit a person to file a statement in writing,
1544     under oath or otherwise as to the facts and circumstances concerning the matter to be
1545     investigated.
1546          (3) For the purpose of the investigation described in Subsection (1), the division or an

1547     employee designated by the division may:
1548          (a) administer an oath or affirmation;
1549          [(b) subpoena witnesses and evidence;]
1550          (b) issue a subpoena that requires:
1551          (i) the attendance and testimony of a witness; or
1552          (ii) the production of evidence;
1553          (c) take evidence;
1554          (d) require the production of a book, paper, contract, record, other document, or
1555     information relevant to the investigation; and
1556          (e) serve a subpoena by certified mail.
1557          (4) (a) A court of competent jurisdiction shall enforce, according to the practice and
1558     procedure of the court, a subpoena issued by the division.
1559          (b) The division shall pay any witness fee, travel expense, mileage, or any other fee
1560     required by the service statutes of the state where the witness or evidence is located.
1561          [(4)] (5) (a) If a person is found to have violated this chapter or a rule made under this
1562     chapter, the person shall pay the costs incurred by the division to copy a book, paper, contract,
1563     document, or record required under this chapter, including the costs incurred to copy an
1564     electronic book, paper, contract, document, or record in a universally readable format.
1565          (b) If a person fails to pay the costs described in Subsection [(4)] (5)(a) when due, the
1566     person's license, certification, or registration is automatically suspended:
1567          (i) beginning the day on which the payment of costs is due; and
1568          (ii) ending the day on which the costs are paid.
1569          [(5)] (6) (a) Except as provided in Subsection [(5)] (6)(b), the division shall commence
1570     a disciplinary action under this chapter no later than the earlier of the following:
1571          (i) four years after the day on which the violation is reported to the division; or
1572          (ii) 10 years after the day on which the violation occurred.
1573          (b) The division may commence a disciplinary action under this chapter after the time
1574     period described in Subsection [(5)] (6)(a) expires if:
1575          (i) (A) the disciplinary action is in response to a civil or criminal judgment or
1576     settlement; and
1577          (B) the division initiates the disciplinary action no later than one year after the day on

1578     which the judgment is issued or the settlement is final; or
1579          (ii) the division and the person subject to a disciplinary action enter into a written
1580     stipulation to extend the time period described in Subsection [(5)] (6)(a).
1581          Section 20. Section 61-2f-404 is amended to read:
1582          61-2f-404. Disciplinary action -- Judicial review.
1583          (1) (a) On the basis of a violation of this chapter, the commission with the concurrence
1584     of the director, may issue an order:
1585          (i) imposing an educational requirement;
1586          (ii) imposing a civil penalty not to exceed the greater of:
1587          (A) $5,000 for each violation; or
1588          (B) the amount of any gain or economic benefit derived from each violation;
1589          (iii) taking any of the following actions related to a license, registration, or certificate:
1590          (A) revoking;
1591          (B) suspending;
1592          (C) placing on probation;
1593          (D) denying the renewal, reinstatement, or application for an original license,
1594     registration, or certificate; or
1595          (E) in the case of denial or revocation of a license, registration, or certificate, setting a
1596     waiting period for an applicant to apply for a license, registration, or certificate under this title;
1597          (iv) issuing a cease and desist order;
1598          (v) modifying an action described in Subsections (1)(a)(i) through (iv) if the
1599     commission finds that the person complies with court ordered restitution; or
1600          (vi) doing any combination of Subsections (1)(a)(i) through (v).
1601          (b) (i) If the commission with the concurrence of the director issues an order that
1602     orders a fine or educational requirements as part of a disciplinary action against a person,
1603     including a stipulation and order, the commission shall state in the order the deadline by which
1604     the person shall comply with the fine or educational requirements.
1605          (ii) If a person fails to comply by the stated deadline:
1606          (A) the person's license, registration, or certificate is automatically suspended:
1607          (I) beginning the day specified in the order as the deadline for compliance; and
1608          (II) ending the day on which the person complies in full with the order; and

1609          (B) if the person fails to pay a fine required by an order, the division may begin a
1610     collection process:
1611          (I) established by the division, with the concurrence of the commission, by rule made
1612     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
1613          (II) subject to Title 63A, Chapter 3, Part 5, Office of State Debt Collection.
1614          (c) If a licensee is an active sales agent or active associate broker, the division shall
1615     inform the principal broker with whom the licensee is affiliated of the charge and of the time
1616     and place of any hearing.
1617          (d) A person previously licensed under this chapter remains responsible for, and is
1618     subject to disciplinary action for, an act the person committed while the person was licensed in
1619     violation of this chapter or an administrative rule in effect at the time the person committed the
1620     act, regardless of whether the person is currently licensed.
1621          (2) (a) An applicant, certificate holder, licensee, registrant, or person aggrieved,
1622     including the complainant, may obtain agency review by the executive director and judicial
1623     review of any adverse ruling, order, or decision of the division.
1624          (b) If an applicant, certificate holder, registrant, or licensee prevails in the appeal and
1625     the court finds that the state action was undertaken without substantial justification, the court
1626     may award reasonable litigation expenses to the applicant, certificate holder, registrant, or
1627     licensee as provided under Title 78B, Chapter 8, Part 5, Small Business Equal Access to
1628     Justice Act.
1629          (c) (i) An order, ruling, or decision of the division shall take effect and become
1630     operative 30 days after the service of the order, ruling, or decision unless otherwise provided in
1631     the order.
1632          (ii) If an appeal is taken by a licensee, registrant, or certificate holder, the division may
1633     stay enforcement of an order, ruling, or decision in accordance with Section 63G-4-405.
1634          (iii) An appeal is governed by the Utah Rules of Appellate Procedure.
1635          (3) The commission and the director shall comply with the procedures and
1636     requirements of Title 63G, Chapter 4, Administrative Procedures Act, in an adjudicative
1637     proceeding.
1638          Section 21. Section 61-2g-301 is amended to read:
1639          61-2g-301. License or certification required.

1640          (1) Except as provided in Subsection (2), it is unlawful for a person to prepare, for
1641     valuable consideration, an appraisal, an appraisal report, a certified appraisal report, or perform
1642     a consultation service relating to real estate or real property in this state without first being
1643     licensed or certified in accordance with this chapter.
1644          (2) This section does not apply to:
1645          (a) a principal broker, associate broker, or sales agent as defined by Section 61-2f-102
1646     licensed by this state who, in the ordinary course of the broker's or sales agent's business, gives
1647     an opinion[: (i)] regarding the value of real estate[;]:
1648          [(ii)] (i) to a potential seller or third-party recommending a listing price of real estate;
1649     or
1650          [(iii)] (ii) to a potential buyer or third-party recommending a purchase price of real
1651     estate;
1652          (b) an employee of a company who states an opinion of value or prepares a report
1653     containing value conclusions relating to real estate or real property solely for the company's
1654     use;
1655          (c) an official or employee of a government agency while acting solely within the scope
1656     of the official's or employee's duties, unless otherwise required by Utah law;
1657          (d) an auditor or accountant who states an opinion of value or prepares a report
1658     containing value conclusions relating to real estate or real property while performing an audit;
1659          (e) an individual, except an individual who is required to be licensed or certified under
1660     this chapter, who states an opinion about the value of property in which the [person] individual
1661     has an ownership interest;
1662          (f) an individual who states an opinion of value if no consideration is paid or agreed to
1663     be paid for the opinion and no other party is reasonably expected to rely on the individual's
1664     appraisal expertise;
1665          (g) an individual, such as a researcher or a secretary, who does not render significant
1666     professional assistance, as defined by the board, in arriving at a real estate appraisal analysis,
1667     opinion, or conclusion;
1668          (h) an attorney authorized to practice law in any state who, in the course of the
1669     attorney's practice or tax appeal services, uses an appraisal report governed by this chapter or
1670     who states an opinion of the value of real estate; or

1671          (i) [a person] an individual who is not an appraiser who presents or provides a price
1672     estimate, evidence, or property tax information solely for a property tax appeal in accordance
1673     with Section 59-2-1017.
1674          (3) An opinion of value or report containing value conclusions exempt under
1675     Subsection (2) may not be referred to as an appraisal.
1676          (4) Except as provided in Subsection (2), to prepare or cause to be prepared in this state
1677     an appraisal, an appraisal report, or a certified appraisal report, an individual shall:
1678          (a) apply in writing for licensure or certification as provided in this chapter in the form
1679     the division may prescribe; and
1680          (b) become licensed or certified under this chapter.
1681          Section 22. Section 61-2g-406 is amended to read:
1682          61-2g-406. Contingent fees.
1683          (1) A person licensed or certified under this chapter who enters into an agreement to
1684     perform an appraisal may not accept a contingent fee.
1685          (2) A person [who] may accept payment of a fixed fee or a contingent fee when the
1686     person:
1687          (a) if the person is not licensed or certified under this chapter, presents or provides a
1688     price estimate or property tax information in accordance with Section 59-2-1017[, or a]; or
1689          (b) if the person [who] is licensed or certified under this chapter [who], enters into an
1690     agreement to provide consultation services[, may be paid a fixed fee or a contingent fee].
1691          [(3) (a) If a person who presents or provides a price estimate or property tax
1692     information in accordance with Section 59-2-1017, or a person who is licensed or certified
1693     under this chapter, enters into an agreement to perform consultation services for a contingent
1694     fee, this fact shall be clearly stated in each oral statement.]
1695          [(b) In addition to the requirements of Subsection (3)(a), if a person who presents or
1696     provides a price estimate or property tax information in accordance with Section 59-2-1017, or
1697     a person who is licensed or certified under this chapter, prepares a]
1698          (3) A person that accepts payment of a fee under Subsection (2) shall:
1699          (a) clearly state in each oral statement the fact that the person is accepting payment of a
1700     fee under a contingent fee arrangement and whether the person is licensed or certified under
1701     this chapter; and

1702          (b) clearly state in any written consultation report or summary, letter of transmittal, [or]
1703     certification statement [for a contingent fee, the person shall clearly state in the], price estimate,
1704     or property tax information[, report, summary, letter of transmittal, or certification statement]
1705     that the [report] document is prepared under a contingent fee arrangement and whether the
1706     person is licensed or certified under this chapter.
1707          Section 23. Section 61-2g-501 is amended to read:
1708          61-2g-501. Enforcement -- Investigation -- Orders -- Hearings.
1709          (1) (a) The division may investigate the actions of:
1710          (i) a person registered, licensed, or certified under this chapter;
1711          (ii) an applicant for registration, licensure, or certification;
1712          (iii) an applicant for renewal of registration, licensure, or certification; or
1713          (iv) a person required to be registered, licensed, or certified under this chapter.
1714          (b) The division may initiate an agency action against a person described in Subsection
1715     (1)(a) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, to:
1716          (i) impose disciplinary action;
1717          (ii) deny issuance to an applicant of:
1718          (A) an original registration, license, or certification; or
1719          (B) a renewal of a registration, license, or certification; or
1720          (iii) issue a cease and desist order as provided in Subsection (3).
1721          (2) (a) The division may:
1722          (i) administer an oath or affirmation;
1723          [(ii) subpoena a witness or evidence;]
1724          (ii) issue a subpoena that requires:
1725          (A) the attendance and testimony of a witness; or
1726          (B) the production of evidence;
1727          (iii) take evidence; and
1728          (iv) require the production of a book, paper, contract, record, document, information,
1729     or evidence relevant to the investigation described in Subsection (1).
1730          (b) The division may serve a subpoena by certified mail.
1731          (c) A failure to respond to a request by the division in an investigation authorized
1732     under this chapter is considered to be a separate violation of this chapter, including:

1733          (i) failing to respond to a subpoena as a witness;
1734          (ii) withholding evidence; or
1735          (iii) failing to produce a book, paper, contract, document, information, or record.
1736          (d) (i) A court of competent jurisdiction shall enforce, according to the practice and
1737     procedure of the court, a subpoena issued by the division.
1738          (ii) The division shall pay any witness fee, travel expense, mileage, or any other fee
1739     required by the service statutes of the state where the witness or evidence is located.
1740          [(d)] (e) (i) If a person is found to have violated this chapter or a rule made under this
1741     chapter, the person shall pay the costs incurred by the division to copy a book, paper, contract,
1742     document, information, or record required under this chapter, including the costs incurred to
1743     copy an electronic book, paper, contract, document, information, or record in a universally
1744     readable format.
1745          (ii) If a person fails to pay the costs described in Subsection (2)[(d)](e)(i) when due, the
1746     person's license, certification, or registration is automatically suspended:
1747          (A) beginning the day on which the payment of costs is due; and
1748          (B) ending the day on which the costs are paid.
1749          (3) (a) The director shall issue and serve upon a person an order directing that person to
1750     cease and desist from an act if:
1751          (i) the director has reason to believe that the person has been engaging, is about to
1752     engage, or is engaging in the act constituting a violation of this chapter; and
1753          (ii) it appears to the director that it would be in the public interest to stop the act.
1754          (b) Within 10 days after receiving the order, the person upon whom the order is served
1755     may request a hearing.
1756          (c) Pending a hearing requested under Subsection (3)(b), a cease and desist order shall
1757     remain in effect.
1758          (d) If a request for hearing is made, the division shall follow the procedures and
1759     requirements of Title 63G, Chapter 4, Administrative Procedures Act.
1760          (4) (a) After a hearing requested under Subsection (3), if the board and division concur
1761     that an act of the person violates this chapter, the board, with the concurrence of the division:
1762          (i) shall issue an order making the cease and desist order permanent; and
1763          (ii) may impose another disciplinary action under Section 61-2g-502.

1764          (b) The director shall commence an action in the name of the Department of
1765     Commerce and Division of Real Estate, in the district court in the county in which an act
1766     described in Subsection (3) occurs or where the [person] individual resides or carries on
1767     business, to enjoin and restrain the [person] individual from violating this chapter if:
1768          (i) (A) a hearing is not requested under Subsection (3); and
1769          (B) the [person] individual fails to cease the act described in Subsection (3); or
1770          (ii) after discontinuing the act described in Subsection (3), the [person] individual
1771     again commences the act.
1772          (5) A remedy or action provided in this section does not limit, interfere with, or prevent
1773     the prosecution of another remedy or action, including a criminal proceeding.
1774          (6) (a) Except as provided in Subsection (6)(b), the division shall commence a
1775     disciplinary action under this chapter no later than the earlier of the following:
1776          (i) four years after the day on which the violation is reported to the division; or
1777          (ii) 10 years after the day on which the violation occurred.
1778          (b) The division may commence a disciplinary action under this chapter after the time
1779     period described in Subsection (6)(a) expires if:
1780          (i) (A) the disciplinary action is in response to a civil or criminal judgment or
1781     settlement; and
1782          (B) the division initiates the disciplinary action no later than one year after the day on
1783     which the judgment is issued or the settlement is final; or
1784          (ii) the division and the [person] individual subject to a disciplinary action enter into a
1785     written stipulation to extend the time period described in Subsection (6)(a).
1786          Section 24. Section 61-2g-502 is amended to read:
1787          61-2g-502. Disciplinary action -- Grounds.
1788          (1) (a) The board may order disciplinary action, with the concurrence of the division,
1789     against a person:
1790          (i) registered, licensed, or certified under this chapter; or
1791          (ii) required to be registered, licensed, or certified under this chapter.
1792          (b) On the basis of a ground listed in Subsection (2) for disciplinary action, board
1793     action may include:
1794          (i) revoking, suspending, or placing a person's registration, license, or certification on

1795     probation;
1796          (ii) denying a person's original registration, license, or certification;
1797          (iii) denying a person's renewal license, certification, or registration;
1798          (iv) in the case of denial or revocation of a registration, license, or certification, setting
1799     a waiting period for an applicant to apply for a registration, license, or certification under this
1800     chapter;
1801          (v) ordering remedial education;
1802          (vi) imposing a civil penalty upon a person not to exceed the greater of:
1803          (A) $5,000 for each violation; or
1804          (B) the amount of any gain or economic benefit from a violation;
1805          (vii) issuing a cease and desist order;
1806          (viii) modifying an action described in Subsections (1)(b)(i) through (vii) if the board,
1807     with the concurrence of the division, finds that the person complies with court ordered
1808     restitution; or
1809          (ix) doing any combination of Subsections (1)(b)(i) through (viii).
1810          (c) (i) If the board or division issues an order that orders a fine or educational
1811     requirements as part of the disciplinary action against a person, including a stipulation and
1812     order, the board or division shall state in the order the deadline by which the person shall
1813     comply with the fine or educational requirements.
1814          (ii) If a person fails to comply with a stated deadline:
1815          (A) the person's license, certificate, or registration is automatically suspended:
1816          (I) beginning on the day specified in the order as the deadline for compliance; and
1817          (II) ending the day on which the person complies in full with the order; and
1818          (B) if the person fails to pay a fine required by an order, the division may begin a
1819     collection process:
1820          (I) established by the division by rule made in accordance with Title 63G, Chapter 3,
1821     Utah Administrative Rulemaking Act; and
1822          (II) subject to Title 63A, Chapter 3, Part 5, Office of State Debt Collection.
1823          (2) The following are grounds for disciplinary action under this section:
1824          (a) procuring or attempting to procure a registration, license, or certification under this
1825     chapter:

1826          (i) by fraud; or
1827          (ii) by making a false statement, submitting false information, or making a material
1828     misrepresentation in an application filed with the division;
1829          (b) paying money or attempting to pay money other than a fee provided for by this
1830     chapter to a member or employee of the division to procure a registration, license, or
1831     certification under this chapter;
1832          (c) an act or omission in the practice of real estate appraising that constitutes
1833     dishonesty, fraud, or misrepresentation;
1834          (d) entry of a judgment against a registrant, licensee, or certificate holder on grounds of
1835     fraud, misrepresentation, or deceit in the making of an appraisal of real estate;
1836          (e) a guilty plea to a criminal offense involving moral turpitude that is held in
1837     abeyance, or a conviction, including a conviction based upon a plea of guilty or nolo
1838     contendere, of a criminal offense involving moral turpitude;
1839          (f) engaging in the business of real estate appraising under an assumed or fictitious
1840     name not properly registered in this state;
1841          (g) paying a finder's fee or a referral fee to a person not licensed or certified under this
1842     chapter in connection with an appraisal of real estate or real property in this state;
1843          (h) making a false or misleading statement in:
1844          (i) that portion of a written appraisal report that deals with professional qualifications;
1845     or
1846          (ii) testimony concerning professional qualifications;
1847          (i) violating or disregarding:
1848          (i) this chapter;
1849          (ii) an order of:
1850          (A) the board; or
1851          (B) the division, in a case when the board delegates to the division the authority to
1852     make a decision on behalf of the board; or
1853          (iii) a rule issued under this chapter;
1854          (j) violating the confidential nature of governmental records to which a person
1855     registered, licensed, or certified under this chapter gained access through employment or
1856     engagement as an appraiser by a governmental agency;

1857          (k) accepting a contingent fee for performing an appraisal if in fact the fee is or was
1858     contingent upon:
1859          (i) the appraiser reporting a predetermined analysis, opinion, or conclusion;
1860          (ii) the analysis, opinion, conclusion, or valuation reached; or
1861          (iii) the consequences resulting from the appraisal assignment;
1862          (l) unprofessional conduct as defined by statute or rule;
1863          (m) in the case of a dual licensed title licensee as defined in Section 31A-2-402:
1864          (i) providing a title insurance product or service without the approval required by
1865     Section 31A-2-405; or
1866          (ii) knowingly providing false or misleading information in the statement required by
1867     Subsection 31A-2-405(2); or
1868          (n) other conduct that constitutes dishonest dealing.
1869          (3) A person previously licensed, certified, or registered under this chapter remains
1870     responsible for, and is subject to disciplinary action for, an act that the person committed, while
1871     the person was licensed, certified, or registered, in violation of this chapter or an administrative
1872     rule in effect at the time that the person committed the act, regardless of whether the person is
1873     currently licensed, certified, or registered.






Legislative Review Note
Office of Legislative Research and General Counsel