1     
REAL ESTATE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: Calvin R. Musselman

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to real estate.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends provisions regarding the Division of Real Estate's issuance of a citation;
14          ▸     establishes criteria and parameters for temporary authorization to act as a mortgage
15     loan originator;
16          ▸     beginning January 1, 2020, requires a background check for certain licenses to
17     include ongoing monitoring through the Federal Bureau of Investigation's Next
18     Generation Identification System's Rap Back Service;
19          ▸     requires the Division of Real Estate to establish a fee for background checks;
20          ▸     permits the Securities Commission to make rules, with the concurrence of the
21     Division of Real Estate, in relation to background checks;
22          ▸     amends the grounds for disciplinary action against a sales agent, principal broker, or
23     association broker;
24          ▸     permits a real estate appraiser to conduct an evaluation; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None

28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          61-2-203, as last amended by Laws of Utah 2018, Chapter 213
33          61-2c-201, as last amended by Laws of Utah 2010, Chapter 379
34          61-2f-204, as last amended by Laws of Utah 2016, Chapter 25
35          61-2f-401, as last amended by Laws of Utah 2018, Chapter 213
36          61-2g-102, as last amended by Laws of Utah 2014, Chapter 350
37          61-2g-205, as last amended by Laws of Utah 2018, Chapter 213
38          61-2g-301, as last amended by Laws of Utah 2016, Chapter 384
39          61-2g-304.5, as enacted by Laws of Utah 2014, Chapter 350
40     ENACTS:
41          61-2c-201.2, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 61-2-203 is amended to read:
45          61-2-203. Adjudicative proceedings -- Citation authority.
46          (1) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
47     Act, in an adjudicative proceeding under a chapter the division administers.
48          (2) The division may initiate an adjudicative proceeding through:
49          [(a) a citation, pursuant to Subsection (3);]
50          [(b)] (a) a notice of agency action; or
51          [(c)] (b) a notice of formal or informal proceeding.
52          (3) The provisions of Title 63G, Chapter 4, Administrative Procedures Act, do not
53     apply to the issuance of a citation under Subsection (4), unless a licensee or another person
54     authorized by law to contest the validity or correctness of a citation commences an adjudicative
55     proceeding contesting the citation.
56          [(3)] (4) In addition to any other statutory penalty for a violation related to an
57     occupation or profession regulated under this title, the division may issue a citation to a person
58     who, upon inspection or investigation, the division concludes to have violated:

59          (a) Subsection 61-2c-201(1), which requires licensure;
60          (b) Subsection 61-2c-201(4), which requires entity licensure;
61          (c) Subsection 61-2c-205(3), which requires notification of a change in specified
62     information regarding a licensee;
63          (d) Subsection 61-2c-205(4), which requires notification of a specified legal [actions]
64     action;
65          (e) Subsection 61-2c-301(1)(g), which prohibits failing to respond to the division
66     within the required time period;
67          (f) Subsection 61-2c-301(1)(h), which prohibits making a false representation to the
68     division;
69          (g) Subsection 61-2c-301(1)(i), which prohibits taking a dual role in a transaction;
70          (h) Subsection 61-2c-301(1)(l), which prohibits engaging in false or misleading
71     advertising;
72          (i) Subsection 61-2c-301(1)(t), which prohibits advertising the ability to do licensed
73     work if unlicensed;
74          (j) Subsection 61-2c-302(5), which requires a mortgage entity to create and file a
75     quarterly report of condition;
76          (k) Subsection 61-2e-201(1), which requires registration;
77          (l) Subsection 61-2e-203(4), which requires a notification of a change in ownership;
78          (m) Subsection 61-2e-307(1)(c), which prohibits use of an unregistered fictitious name;
79          (n) Subsection 61-2e-401(1)(c), which prohibits failure to respond to a division request
80     [by the division];
81          (o) Subsection 61-2f-201(1), which requires licensure;
82          (p) Subsection 61-2f-206(1), which requires entity registration;
83          (q) Subsection 61-2f-301(1), which requires notification of a specified legal action;
84          (r) Subsection 61-2f-401(1)(a), which prohibits making a substantial misrepresentation;
85          (s) Subsection 61-2f-401(3), which prohibits undertaking real estate while not affiliated
86     with a principal broker;
87          (t) Subsection 61-2f-401(9), which prohibits failing to keep specified records and
88     prohibits failing to make the specified records available for division inspection [by the
89     division];

90          (u) Subsection 61-2f-401(13), which prohibits false, misleading, or deceptive
91     advertising;
92          (v) Subsection 61-2f-401(20), which prohibits failing to respond to a division request;
93          (w) Subsection 61-2g-301(1), which requires licensure;
94          (x) Subsection 61-2g-405(3), which requires making records required to be maintained
95     available to the division;
96          (y) Subsection 61-2g-501(2)(c), which requires a person to respond to a division
97     request in an investigation within 10 days after the day on which the request is served;
98          [(y)] (z) Subsection 61-2g-502(2)(f), which prohibits using a nonregistered fictitious
99     name;
100          [(z)] (aa) a rule made pursuant to any Subsection listed in this Subsection [(3)] (4);
101          [(aa)] (bb) an order of the division; or
102          [(bb)] (cc) an order of the commission or board that oversees the person's profession.
103          [(4)] (5) (a) In accordance with Subsection [(9)] (10), the division may assess a fine
104     against a person for a violation of a provision listed in Subsection [(3)] (4), as evidenced by:
105          (i) an uncontested citation;
106          (ii) a stipulated settlement; or
107          (iii) a finding of a violation in an adjudicative proceeding.
108          (b) The division may, in addition to or in lieu of a fine under Subsection [(4)] (5)(a),
109     order the person to cease and desist from an activity that violates a provision listed in
110     Subsection [(3)] (4).
111          [(5)] (6) Except as provided in Subsection [(7)] (8)(d), the division may not use a
112     citation to effect a license:
113          (a) denial;
114          (b) probation;
115          (c) suspension; or
116          (d) revocation.
117          [(6)] (7) (a) A citation issued by the division shall:
118          (i) be in writing;
119          (ii) describe with particularity the nature of the violation, including a reference to the
120     provision of the statute, rule, or order alleged to have been violated;

121          (iii) clearly state that the recipient must notify the division in writing within 20
122     calendar days [of service of] after the day on which the citation is served if the recipient wishes
123     to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative
124     Procedures Act; and
125          (iv) clearly explain the consequences of failure to timely contest the citation or to make
126     payment of a fine assessed by the citation within the time period specified in the citation.
127          (b) The division may issue a notice in lieu of a citation.
128          [(7)] (8) (a) A citation becomes final:
129          (i) if within 20 calendar days [from the service of the citation] after the day on which
130     the citation is served, the person to whom the citation was issued fails to request a hearing to
131     contest the citation; or
132          (ii) if the director or the director's designee conducts a hearing pursuant to a timely
133     request for a hearing and issues an order finding that a violation has occurred.
134          (b) The division may extend, for cause, the 20-day period to contest a citation [may be
135     extended by the division for cause].
136          (c) A citation that becomes the final order of the division due to a person's failure to
137     timely request a hearing is not subject to further agency review.
138          (d) (i) The division may refuse to issue, refuse to renew, suspend, revoke, or place on
139     probation the license of a licensee who fails to comply with a citation after the citation
140     becomes final.
141          (ii) The failure of a license applicant to comply with a citation after the citation
142     becomes final is a ground for denial of the license application.
143          [(8)] (9) (a) The division may not issue a citation under this section after the expiration
144     of one year [following the occurrence of a violation] after the day on which the violation
145     occurs.
146          (b) The division may issue a notice to address a violation that is outside of the one-year
147     citation period.
148          [(9)] (10) The director or the director's designee shall assess a fine with a citation in an
149     amount that is no more than:
150          (a) for a first offense, $1,000;
151          (b) for a second offense, $2,000; and

152          (c) for each offense subsequent to a second offense, $2,000 for each day of continued
153     offense.
154          [(10)] (11) (a) An action for a first or second offense for which the division has not
155     issued a final order does not preclude the division from initiating a subsequent action for a
156     second or subsequent offense while the preceding action is pending.
157          (b) The final order on a subsequent action is considered a second or subsequent
158     offense, respectively, provided the preceding action resulted in a first or second offense,
159     respectively.
160          [(11)] (12) (a) If a person does not pay a penalty, the director may collect the unpaid
161     penalty by:
162          (i) referring the matter to a collection agency; or
163          (ii) bringing an action in the district court of the county:
164          (A) where the person resides; or
165          (B) where the office of the director is located.
166          (b) A county attorney or the attorney general of the state shall provide legal services to
167     the director in an action to collect the penalty.
168          (c) A court may award reasonable attorney fees and costs to the division in an action
169     [brought by] the division brings to enforce the provisions of this section.
170          Section 2. Section 61-2c-201 is amended to read:
171          61-2c-201. Licensure required of person engaged in the business of residential
172     mortgage loans.
173          [(1) Unless exempt from this chapter under Section 61-2c-105, a person may not
174     transact the business of residential mortgage loans without obtaining a license under this
175     chapter.]
176          (1) (a) Except as provided in Subsection (1)(b), a person may not transact the business
177     of residential mortgage loans without first obtaining a license under this chapter.
178          (b) A person may transact the business of residential mortgage loans without first
179     obtaining a license under this chapter if the person:
180          (i) is exempt from this chapter under Section 61-2c-105; or
181          (ii) qualifies for temporary authority to act as a mortgage loan originator under Section
182     61-2c-201.2.

183          (2) For purposes of this chapter, a person transacts the business of residential mortgage
184     loans in this state if:
185          (a) (i) the person engages in an act that constitutes the business of residential mortgage
186     loans; [and]
187          (ii) [(A)] the act described in Subsection (2)(a)(i) is directed to or received in this state;
188     and
189          [(B)] (iii) the real property that is the subject of the act described in Subsection (2)(a)(i)
190     is located in this state; or
191          (b) the person makes a representation [is made by the person] that the person transacts
192     the business of residential mortgage loans in this state.
193          (3) An individual who has an ownership interest in an entity required to be licensed
194     under this chapter is not required to obtain an individual license under this chapter unless the
195     individual transacts the business of residential mortgage loans.
196          (4) Unless otherwise exempted under this chapter, licensure under this chapter is
197     required of both:
198          (a) the individual who directly transacts the business of residential mortgage loans; and
199          (b) if the individual transacts business as an employee or agent of an entity or
200     individual, the entity or individual for whom the employee or agent transacts the business of
201     residential mortgage loans.
202          (5) (a) If an entity that is licensed to transact the business of residential mortgage loans
203     transacts the business of residential mortgage loans under an assumed business name, the entity
204     shall in accordance with rules made by the division:
205          (i) register the assumed name under this chapter; and
206          (ii) furnish proof that the assumed business name is filed with the Division of
207     Corporations and Commercial Code pursuant to Title 42, Chapter 2, Conducting Business
208     Under Assumed Name.
209          (b) The division may charge a fee established in accordance with Section 63J-1-504 for
210     registering an assumed name [pursuant to] as described in this Subsection (5).
211          Section 3. Section 61-2c-201.2 is enacted to read:
212          61-2c-201.2. Temporary authorization to act as a mortgage loan originator.
213          (1) In accordance with the provisions of this section, an individual is temporarily

214     authorized to act as a mortgage loan originator if:
215          (a) an entity licensed to transact the business of residential mortgage loans employs the
216     individual;
217          (b) the individual submits an application for licensure as a mortgage loan originator in
218     accordance with Section 61-2c-202;
219          (c) the individual demonstrates that the individual:
220          (i) (A) is registered as a mortgage loan originator with a depository institution; and
221          (B) was registered in the nationwide database as a mortgage loan originator during the
222     one-year period before the day on which the individual submitted the application described in
223     Subsection (1)(b); or
224          (ii) was licensed as a mortgage loan originator in another state during the 30-day period
225     before the day on which the individual submitted the application described in Subsection
226     (1)(b); and
227          (d) the individual has not in any governmental jurisdiction:
228          (i) had an application for licensure as a mortgage loan originator denied;
229          (ii) had a mortgage loan originator license revoked or suspended;
230          (iii) been subject to, or served with, a cease and desist order in connection with a
231     residential mortgage loan transaction; or
232          (iv) been convicted of, pled guilty to, pled no contest to, or resolved by a plea in
233     abeyance agreement, a crime that would preclude the individual from licensure as a residential
234     mortgage loan originator, as provided by rule the division makes in accordance with Title 63G,
235     Chapter 3, Utah Administrative Rulemaking Act.
236          (2) Temporary authorization for an individual who meets the requirements described in
237     Subsection (1) to act as a mortgage loan originator:
238          (a) begins the day on which the individual submits an application in accordance with
239     Section 61-2c-202; and
240          (b) ends the day on which any of the following occurs:
241          (i) the individual withdraws the application described in Subsection (2)(a);
242          (ii) the division denies the application described in Subsection (2)(a);
243          (iii) the division grants the application described in Subsection (2)(a); or
244          (iv) 120 days pass after the day on which the individual submits an application for

245     registration in the nationwide database.
246          (3) A person employing an individual with temporary authorization under this section
247     is subject to the requirements of this chapter to the same extent as if the individual was licensed
248     in this state as a mortgage loan originator.
249          (4) An individual with temporary authorization under this section is subject to the
250     requirements of this chapter to the same extent as an individual licensed in this state as a
251     mortgage loan originator.
252          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
253     division may make rules regulating the temporary authority of an individual to act as a
254     mortgage loan originator in accordance with this section.
255          Section 4. Section 61-2f-204 is amended to read:
256          61-2f-204. Licensing fees and procedures -- Renewal fees and procedures.
257          (1) (a) Upon filing an application for an examination for a license under this chapter,
258     the applicant shall pay a nonrefundable fee established in accordance with Section 63J-1-504
259     for admission to the examination.
260          (b) An applicant for a principal broker, associate broker, or sales agent license shall
261     pay a nonrefundable fee as determined by the commission with the concurrence of the division
262     under Section 63J-1-504 for issuance of an initial license or license renewal.
263          (c) A license issued under this Subsection (1) shall be issued for a period of not less
264     than two years as [determined by] the division determines with the concurrence of the
265     commission.
266          (d) (i) [Any] Each of the following applicants shall comply with this Subsection (1)(d):
267          (A) a new sales agent applicant;
268          (B) a principal broker applicant; [or] and
269          (C) an associate broker applicant.
270          (ii) An applicant described in this Subsection (1)(d) shall at the time the licensee files
271     an application:
272          (A) submit to the division fingerprint cards in a form acceptable to the [division at the
273     time the license application is filed; and] Department of Public Safety;
274          (B) submit to the division a signed waiver in accordance with Subsection
275     53-10-108(4), acknowledging the registration of the applicant's fingerprints in the Federal

276     Bureau of Investigation Next Generation Identification System's Rap Back Service beginning
277     January 1, 2020;
278          [(B)] (C) consent to a criminal background check by the Utah Bureau of Criminal
279     Identification and the Federal Bureau of Investigation [regarding the application.]; and
280          (D) pay the fee the division establishes in accordance with Subsection (1)(d)(vi).
281          [(iii) The division shall request the Department of Public Safety to complete a Federal
282     Bureau of Investigation criminal background check for each applicant described in this
283     Subsection (1)(d) through the national criminal history system or any successor system.]
284          [(iv) The applicant shall pay the cost of the criminal background check and the
285     fingerprinting.]
286          (iii) The Bureau of Criminal Identification shall:
287          (A) check the fingerprints an applicant submits under Subsection (1)(d)(ii) against the
288     applicable state, regional, and national criminal records databases, including, beginning
289     January 1, 2020, the Federal Bureau of Investigation Next Generation Identification System;
290          (B) report the results of the background check to the division;
291          (C) maintain a separate file of fingerprints that applicants submit under Subsection
292     (1)(d) for search by future submissions to the local and regional criminal records databases,
293     including latent prints;
294          (D) request that beginning January 1, 2020, the fingerprints be retained in the Federal
295     Bureau of Investigation Next Generation Identification System's Rap Back Service for search
296     by future submissions to national criminal records databases, including the Next Generation
297     Identification System and latent prints; and
298          (E) ensure that the division only receives notifications for an individual with whom the
299     division maintains permission to receive notifications.
300          (iv) (A) The division shall assess an applicant who submits fingerprints under
301     Subsection (1)(d) or (2)(g) a fee in an amount that the division sets in accordance with Section
302     63J-1-504 for services that the division and the Bureau of Criminal Identification or another
303     authorized agency provide under Subsection (1)(d) or (2)(g).
304          (B) The Bureau of Criminal Identification may collect from the division money for
305     services provided under this section.
306          (v) Money paid to the division by an applicant for the cost of the criminal background

307     check is nonlapsing.
308          (vi) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
309     and with the concurrence of the division, the commission may make rules for the
310     administration of this Subsection (1)(d) and Subsection (2)(g) regarding criminal background
311     checks with ongoing monitoring.
312          (e) (i) A license issued under Subsection (1)(d) is conditional, pending completion of
313     the criminal background check.
314          (ii) A license is immediately and automatically revoked if the criminal background
315     check discloses the applicant fails to accurately disclose a criminal history involving:
316          (A) the real estate industry; or
317          (B) a felony conviction on the basis of an allegation of fraud, misrepresentation, or
318     deceit.
319          (iii) If a criminal background check discloses that an applicant fails to accurately
320     disclose a criminal history other than one described in Subsection (1)(e)(ii), the division:
321          (A) shall review the application; and
322          (B) in accordance with rules made by the division pursuant to Title 63G, Chapter 3,
323     Utah Administrative Rulemaking Act, may:
324          (I) place a condition on a license;
325          (II) place a restriction on a license;
326          (III) revoke a license; or
327          (IV) refer the application to the commission for a decision.
328          (iv) (A) A person whose conditional license is automatically revoked under Subsection
329     (1)(e)(ii) or whose license is conditioned, restricted, or revoked under Subsection (1)(e)(iii)
330     may have a hearing after the action is taken to challenge the action.
331          (B) The division shall conduct a hearing [shall be conducted] described in Subsection
332     (1)(d)(iv)(A) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
333          (v) The director shall designate one of the following to act as the presiding officer in a
334     hearing described in Subsection (1)(e)(iv)(A):
335          (A) the division; or
336          (B) the division with the concurrence of the commission.
337          (vi) The [decision on] presiding officer shall decide whether relief from an action

338     under this Subsection (1)(e) [will be] is granted [shall be made by the presiding officer].
339          (vii) Relief from an automatic revocation under Subsection (1)(e)(ii) may be granted
340     only if:
341          (A) the criminal history upon which the division based the revocation:
342          (I) did not occur; or
343          (II) is the criminal history of another person;
344          (B) (I) the revocation is based on a failure to accurately disclose a criminal history; and
345          (II) the applicant has a reasonable good faith belief at the time of application that there
346     was no criminal history to be disclosed; or
347          (C) the division fails to follow the prescribed procedure for the revocation.
348          (viii) If a license is revoked or a revocation under this Subsection (1)(e) is upheld after
349     a hearing, the individual may not apply for a new license until at least 12 months after the day
350     on which the license is revoked.
351          (2) (a) (i) A license expires if it is not renewed on or before [its] the expiration date of
352     the license.
353          (ii) As a condition of renewal, an active licensee shall demonstrate competence by
354     completing 18 hours of continuing education within a two-year renewal period subject to rules
355     made by the commission, with the concurrence of the division.
356          (iii) In making a rule described in Subsection (2)(c)(ii), the division and commission
357     shall consider:
358          (A) evaluating continuing education on the basis of competency, rather than course
359     time;
360          (B) allowing completion of courses in a significant variety of topic areas that the
361     division and commission determine are valuable in assisting an individual licensed under this
362     chapter to increase the individual's competency; and
363          (C) allowing completion of courses that will increase a licensee's professional
364     competency in the area of practice of the licensee.
365          (iv) The division may award credit to a licensee for a continuing education requirement
366     of this Subsection (2)(a) for a reasonable period of time upon a finding of reasonable cause,
367     including:
368          (A) military service; or

369          (B) if an individual is elected or appointed to government service, the individual's
370     government service during which the individual spends a substantial time addressing real estate
371     issues subject to conditions established by rule made in accordance with Title 63G, Chapter 3,
372     Utah Administrative Rulemaking Act.
373          (b) For a period of 30 days after the day on which a license expires, the license may be
374     reinstated:
375          (i) if the applicant's license was inactive on the day on which the applicant's license
376     expired, upon payment of a renewal fee and a late fee determined by the commission with the
377     concurrence of the division under Section 63J-1-504; or
378          (ii) if the applicant's license was active on the day on which the applicant's license
379     expired, upon payment of a renewal fee and a late fee determined by the commission with the
380     concurrence of the division under Section 63J-1-504, and providing proof acceptable to the
381     division and the commission of the licensee having:
382          (A) completed the hours of education required by Subsection (2)(a); or
383          (B) demonstrated competence as required under Subsection (2)(a).
384          (c) After the 30-day period described in Subsection (2)(b), and until six months after
385     the day on which an active or inactive license expires, the license may be reinstated by:
386          (i) paying a renewal fee and a late fee determined by the commission with the
387     concurrence of the division under Section 63J-1-504;
388          (ii) providing to the division proof of satisfactory completion of six hours of continuing
389     education:
390          (A) in addition to the requirements for a timely renewal; and
391          (B) on a subject determined by the commission by rule with the concurrence of the
392     division and made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
393     Act; and
394          (iii) providing proof acceptable to the division and the commission of the licensee
395     having:
396          (A) completed the hours of education required under Subsection (2)(a); or
397          (B) demonstrated competence as required under Subsection (2)(a).
398          (d) After the six-month period described in Subsection (2)(c), and until one year after
399     the day on which an active or inactive license expires, the license may be reinstated by:

400          (i) paying a renewal fee and a late fee determined by the commission with the
401     concurrence of the division under Section 63J-1-504;
402          (ii) providing to the division proof of satisfactory completion of 24 hours of continuing
403     education:
404          (A) in addition to the requirements for a timely renewal; and
405          (B) on a subject determined by the commission by rule made in accordance with Title
406     63G, Chapter 3, Utah Administrative Rulemaking Act, subject to concurrence by the division;
407     and
408          (iii) providing proof acceptable to the division and the commission of the licensee
409     having:
410          (A) completed the hours of education required by Subsection (2)(a); or
411          (B) demonstrated competence as required under Subsection (2)(a).
412          (e) The division shall relicense a person who does not renew that person's license
413     within one year as prescribed for an original application.
414          (f) Notwithstanding Subsection (2)(a), the division may extend the term of a license
415     that would expire under Subsection (2)(a) except for the extension if:
416          (i) (A) the person complies with the requirements of this section to renew the license;
417     and
418          (B) the renewal application remains pending at the time of the extension; or
419          (ii) at the time of the extension, there is pending a disciplinary action under this
420     chapter.
421          (g) Beginning January 1, 2020, each applicant for renewal or reinstatement of a license
422     to practice as a sales agent, principal broker, or associate broker who is not already subject to
423     ongoing monitoring of the individual's criminal history shall, at the time the application for
424     renewal or reinstatement is filed:
425          (i) submit fingerprint cards in a form acceptable to the Department of Public Safety;
426          (ii) submit to the division a signed waiver in accordance with Subsection 53-10-108(4),
427     acknowledging the registration of the applicant's fingerprints in the Federal Bureau of
428     Investigation Next Generation Identification System's Rap Back Service;
429          (iii) consent to a fingerprint background check by the Utah Bureau of Criminal
430     Identification and the Federal Bureau of Investigation; and

431          (iv) pay the fee the division establishes in accordance with Subsection (1)(d)(vi).
432          (3) (a) As a condition for the activation of an inactive license that was in an inactive
433     status at the time of the licensee's most recent renewal, the licensee shall supply the division
434     with proof of:
435          (i) successful completion of the respective sales agent or principal broker licensing
436     examination within six months before [applying] the day on which the licensee applies to
437     activate the license; or
438          (ii) the successful completion of the hours of continuing education that the licensee
439     would have been required to complete under Subsection (2)(a) if the license had been on active
440     status at the time of the licensee's most recent renewal.
441          (b) The commission may, in accordance with Title 63G, Chapter 3, Utah
442     Administrative Rulemaking Act, subject to concurrence by the division, establish by rule:
443          (i) the nature or type of continuing education required for reactivation of a license; and
444          (ii) how long before reactivation the continuing education must be completed.
445          Section 5. Section 61-2f-401 is amended to read:
446          61-2f-401. Grounds for disciplinary action.
447          The following acts are unlawful for a person licensed or required to be licensed under
448     this chapter:
449          (1) (a) making a substantial misrepresentation, including in a licensure statement;
450          (b) making an intentional misrepresentation;
451          (c) pursuing a continued and flagrant course of misrepresentation;
452          (d) making a false representation or promise through an agent, sales agent, advertising,
453     or otherwise; or
454          (e) making a false representation or promise of a character likely to influence,
455     persuade, or induce;
456          (2) acting for more than one party in a transaction without the informed consent of the
457     parties;
458          (3) (a) acting as an associate broker or sales agent while not affiliated with a principal
459     broker;
460          (b) representing or attempting to represent a principal broker other than the principal
461     broker with whom the person is affiliated; or

462          (c) representing as sales agent or having a contractual relationship similar to that of
463     sales agent with a person other than a principal broker;
464          (4) (a) failing, within a reasonable time, to account for or to remit money that belongs
465     to another and comes into the person's possession;
466          (b) commingling money described in Subsection (4)(a) with the person's own money;
467     or
468          (c) diverting money described in Subsection (4)(a) from the purpose for which the
469     money is received;
470          (5) paying or offering to pay valuable consideration, as defined by the commission, to a
471     person not licensed under this chapter, except that valuable consideration may be shared:
472          (a) with a principal broker of another jurisdiction; or
473          (b) as provided under:
474          (i) Title 16, Chapter 10a, Utah Revised Business Corporation Act;
475          (ii) Title 16, Chapter 11, Professional Corporation Act; or
476          (iii) Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, as
477     appropriate pursuant to Section 48-3a-1405;
478          (6) for a principal broker, paying or offering to pay a sales agent or associate broker
479     who is not affiliated with the principal broker at the time the sales agent or associate broker
480     earned the compensation;
481          (7) being incompetent to act as a principal broker, associate broker, or sales agent in
482     such manner as to safeguard the interests of the public;
483          (8) failing to voluntarily furnish a copy of a document to the parties before and after the
484     execution of a document;
485          (9) failing to keep and make available for inspection by the division a record of each
486     transaction, including:
487          (a) the names of buyers and sellers or lessees and lessors;
488          (b) the identification of real estate;
489          (c) the sale or rental price;
490          (d) money received in trust;
491          (e) agreements or instructions from buyers and sellers or lessees and lessors; and
492          (f) any other information required by rule;

493          (10) failing to disclose, in writing, in the purchase, sale, or rental of real estate, whether
494     the purchase, sale, or rental is made for that person or for an undisclosed principal;
495          (11) being convicted, within five years of the most recent application for licensure, of a
496     criminal offense involving moral turpitude regardless of whether:
497          (a) the criminal offense is related to real estate; or
498          (b) the conviction is based upon a plea of nolo contendere;
499          (12) having, within five years of the most recent application for a license under this
500     chapter, entered any of the following related to a criminal offense involving moral turpitude:
501          (a) a plea in abeyance agreement;
502          (b) a diversion agreement;
503          (c) a withheld judgment; or
504          (d) an agreement in which a charge was held in suspense during a period of time when
505     the licensee was on probation or was obligated to comply with conditions outlined by a court;
506          (13) advertising the availability of real estate or the services of a licensee in a false,
507     misleading, or deceptive manner;
508          (14) in the case of a principal broker or a branch broker, failing to exercise reasonable
509     supervision over the activities of the principal broker's or branch broker's licensed or
510     unlicensed staff;
511          (15) violating or disregarding:
512          (a) this chapter;
513          (b) an order of the commission; or
514          (c) the rules adopted by the commission and the division;
515          (16) breaching a fiduciary duty owed by a licensee to the licensee's principal in a real
516     estate transaction;
517          (17) any other conduct which constitutes dishonest dealing;
518          (18) unprofessional conduct as defined by statute or rule;
519          (19) having one of the following suspended, revoked, surrendered, or cancelled on the
520     basis of misconduct in a professional capacity that relates to character, honesty, integrity, or
521     truthfulness:
522          (a) a real estate license, registration, or certificate issued by another jurisdiction; or
523          (b) another license, registration, or certificate to engage in an occupation or profession

524     issued by this state or another jurisdiction;
525          (20) failing to respond to a request by the division in an investigation authorized under
526     this chapter within 10 days after the day on which the request is served, including:
527          (a) failing to respond to a subpoena;
528          (b) withholding evidence; or
529          (c) failing to produce documents or records;
530          (21) in the case of a dual licensed title licensee as defined in Section 31A-2-402:
531          (a) providing a title insurance product or service without the approval required by
532     Section 31A-2-405; or
533          (b) knowingly providing false or misleading information in the statement required by
534     Subsection 31A-2-405(2);
535          (22) violating an independent contractor agreement between a principal broker and a
536     sales agent or associate broker as evidenced by a final judgment of a court;
537          (23) (a) engaging in an act of loan modification assistance that requires licensure as a
538     mortgage officer under Chapter 2c, Utah Residential Mortgage Practices and Licensing Act,
539     without being licensed under that chapter;
540          (b) engaging in an act of foreclosure rescue without entering into a written agreement
541     specifying what one or more acts of foreclosure rescue will be completed;
542          (c) inducing a person who is at risk of foreclosure to hire the licensee to engage in an
543     act of foreclosure rescue by:
544          (i) suggesting to the person that the licensee has a special relationship with the person's
545     lender or loan servicer; or
546          (ii) falsely representing or advertising that the licensee is acting on behalf of:
547          (A) a government agency;
548          (B) the person's lender or loan servicer; or
549          (C) a nonprofit or charitable institution; or
550          (d) recommending or participating in a foreclosure rescue that requires a person to:
551          (i) transfer title to real estate to the licensee or to a third-party with whom the licensee
552     has a business relationship or financial interest;
553          (ii) make a mortgage payment to a person other than the person's loan servicer; or
554          (iii) refrain from contacting the person's:

555          (A) lender;
556          (B) loan servicer;
557          (C) attorney;
558          (D) credit counselor; or
559          (E) housing counselor;
560          (24) taking or removing from the premises of a main office or a branch office, or
561     otherwise limiting a real estate brokerage's access to or control over, a record that:
562          (a) (i) the real estate brokerage's licensed staff, unlicensed staff, or affiliated
563     independent contractor prepared; and
564          (ii) is related to the business of:
565          (A) the real estate brokerage; or
566          (B) an associate broker, a branch broker, or a sales agent of the real estate brokerage; or
567          (b) is related to the business administration of the real estate brokerage;
568          [(24)] (25) as a principal broker, placing a lien on real property, unless authorized by
569     law; or
570          [(25)] (26) as a sales agent or associate broker, placing a lien on real property for an
571     unpaid commission or other compensation related to real estate brokerage services.
572          Section 6. Section 61-2g-102 is amended to read:
573          61-2g-102. Definitions.
574          (1) As used in this chapter:
575          (a) (i) "Appraisal" means an analysis, opinion, or conclusion relating to the nature,
576     quality, value, or utility of a specified interest in, or aspect of, identified real estate or identified
577     real property.
578          (ii) An appraisal is classified by the nature of the assignment as a valuation appraisal,
579     an analysis assignment, or a review assignment in accordance with the following definitions:
580          (A) "Analysis assignment" means an unbiased analysis, opinion, or conclusion that
581     relates to the nature, quality, or utility of identified real estate or identified real property.
582          (B) "Review assignment" means an unbiased analysis, opinion, or conclusion that
583     forms an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis
584     assignment.
585          (C) "Valuation appraisal" means an unbiased analysis, opinion, or conclusion that

586     estimates the value of an identified parcel of real estate or identified real property at a particular
587     point in time.
588          (b) "Appraisal Foundation" means the Appraisal Foundation that was incorporated as
589     an Illinois not-for-profit corporation on November 30, 1987.
590          (c) (i) "Appraisal report" means a communication, written or oral, of an appraisal.
591          (ii) An appraisal report is classified by the nature of the assignment as a valuation
592     report, analysis report, or review report in accordance with the definitions provided in
593     Subsection (1)(a)(ii).
594          (iii) The testimony of a person relating to the person's analyses, conclusions, or
595     opinions concerning identified real estate or identified real property is considered to be an oral
596     appraisal report.
597          (d) "Appraisal Qualification Board" means the Appraisal Qualification Board of the
598     Appraisal Foundation.
599          (e) "Board" means the Real Estate Appraiser Licensing and Certification Board that is
600     established in Section 61-2g-204.
601          (f) "Certified appraisal report" means a written or oral appraisal report that is certified
602     by a state-certified general appraiser or state-certified residential appraiser.
603          (g) "Concurrence" means that the entities that are given a concurring role jointly agree
604     to an action.
605          (h) (i) (A) "Consultation service" means an engagement to provide a real estate
606     valuation service analysis, opinion, conclusion, or other service that does not fall within the
607     definition of appraisal.
608          (B) "Consultation service" does not mean a valuation appraisal, analysis assignment, or
609     review assignment.
610          (ii) Regardless of the intention of the client or employer, if a person prepares an
611     unbiased analysis, opinion, or conclusion, the analysis, opinion, or conclusion is considered to
612     be an appraisal and not a consultation service.
613          (i) "Contingent fee" means a fee or other form of compensation, payment of which is
614     dependent on or conditioned by:
615          (i) the reporting of a predetermined analysis, opinion, or conclusion by the person
616     performing the analysis, opinion, or conclusion; or

617          (ii) achieving a result specified by the person requesting the analysis, opinion, or
618     conclusion.
619          (j) "Credential" means a state-issued registration, license, or certification that allows an
620     individual to perform any act or service that requires licensure or certification under this
621     chapter.
622          (k) "Division" means the Division of Real Estate of the Department of Commerce.
623          (l) "Evaluation" means an opinion on the market value of real property or real estate
624     that:
625          (i) is made in accordance with the Interagency Appraisal and Evaluation Guidelines;
626     and
627          (ii) is provided to a financial institution for use in a real estate related transaction for
628     which the regulations of the federal financial institutions regulatory agencies do not require an
629     appraisal.
630          [(l)] (m) "Executive director" means the executive director of the Department of
631     Commerce.
632          (n) "Federal financial institutions regulatory agencies" means:
633          (i) the Board of Governors of the Federal Reserve System;
634          (ii) the Federal Deposit Insurance Corporation;
635          (iii) the Office of the Comptroller of the Currency; and
636          (iv) the National Credit Union Administration.
637          [(m)] (o) "Federally related transaction" means a real estate related transaction that is
638     required by federal law or by federal regulation to be supported by an appraisal prepared by:
639          (i) a state-licensed appraiser; or
640          (ii) a state-certified appraiser.
641          (p) "Financial institution" means an insured:
642          (i) depository as defined in 12 U.S.C. Sec. 1813(c)(1); or
643          (ii) credit union as defined in 12 U.S.C. Sec. 1752(7).
644          (q) "Interagency Appraisal and Evaluation Guidelines" means the guidelines published
645     as Interagency Appraisal and Evaluation Guidelines, 75 Fed. Reg. 77,450 (Dec. 10, 2010), and
646     all amendments or updates thereto.
647          [(n)] (r) "Real estate" means an identified parcel or tract of land including

648     improvements if any.
649          [(o)] (s) "Real estate appraisal activity" means the act or process of making an appraisal
650     of real estate or real property and preparing an appraisal report.
651          [(p)] (t) "Real estate related transaction" means:
652          (i) the sale, lease, purchase, investment in, or exchange of real property or an interest in
653     real property, or the financing of such a transaction;
654          (ii) the refinancing of real property or an interest in real property; or
655          (iii) the use of real property or an interest in real property as security for a loan or
656     investment, including mortgage-backed securities.
657          [(q)] (u) "Real property" means one or more defined interests, benefits, or rights
658     inherent in the ownership of real estate.
659          [(r)] (v) "State-certified general appraiser" means a person who holds a current, valid
660     certification as a state-certified general appraiser issued under this chapter.
661          [(s)] (w) "State-certified residential appraiser" means a person who holds a current,
662     valid certification as a state-certified residential real estate appraiser issued under this chapter.
663          [(t)] (x) "State-licensed appraiser" means a person who holds a current, valid license as
664     a state-licensed appraiser issued under this chapter.
665          [(u)] (y) "Trainee" means an individual who:
666          (i) does not hold an appraiser license or appraiser certification issued under this
667     chapter;
668          (ii) works under the direct supervision of a state-certified appraiser to earn experience
669     for licensure; and
670          (iii) is registered as a trainee under this chapter.
671          [(v)] (z) "Unbiased analysis, opinion, or conclusion" means an analysis, opinion, or
672     conclusion relating to the nature, quality, value, or utility of identified real estate or identified
673     real property that is prepared by a person who is employed or retained to act, or would be
674     perceived by third parties or the public as acting, as a disinterested third-party in rendering the
675     analysis, opinion, or conclusion.
676          (2) (a) If a term not defined in this section is defined by rule, the term shall have the
677     meaning established by the division by rule made in accordance with Title 63G, Chapter 3,
678     Utah Administrative Rulemaking Act.

679          (b) If a term not defined in this section is not defined by rule, the term shall have the
680     meaning commonly accepted in the business community.
681          Section 7. Section 61-2g-205 is amended to read:
682          61-2g-205. Duties of board.
683          (1) (a) The board shall provide technical assistance to the division relating to real estate
684     appraisal standards and real estate appraiser qualifications.
685          (b) The board has the powers and duties listed in this section.
686          (2) The board shall:
687          (a) determine the experience and education requirements appropriate for a person
688     licensed under this chapter;
689          (b) determine the experience and education requirements appropriate for a person
690     certified under this chapter:
691          (i) in compliance with the minimum requirements of Financial Institutions Reform,
692     Recovery, and Enforcement Act of 1989; and
693          (ii) consistent with the intent of this chapter;
694          (c) determine the appraisal related acts that may be performed by:
695          (i) a trainee on the basis of the trainee's education and experience;
696          (ii) clerical staff; and
697          (iii) a person who:
698          (A) does not hold a license or certification; and
699          (B) assists an appraiser licensed or certified under this chapter in providing appraisal
700     services or consultation services;
701          (d) determine the procedures for a trainee to register and to renew a registration with
702     the division; and
703          (e) develop one or more programs to upgrade and improve the experience, education,
704     and examinations as required under this chapter.
705          (3) The experience and education requirements determined by the board for a person
706     licensed or certified under this chapter shall meet or exceed the minimum criteria established
707     by the Appraisal Qualification Board.
708          (4) The board shall:
709          (a) determine the continuing education requirements appropriate for the renewal of a

710     license, certification, or registration issued under this chapter that meet or exceed the minimum
711     criteria established by the Appraisal Qualification Board;
712          (b) develop one or more programs to upgrade and improve continuing education; and
713          (c) recommend to the division one or more available continuing education courses that
714     meet the requirements of this chapter.
715          (5) (a) The board shall consider the proper interpretation or explanation of the Uniform
716     Standards of Professional Appraisal Practice as required by Section 61-2g-403 when:
717          (i) an interpretation or explanation is necessary in the enforcement of this chapter; and
718          (ii) the Appraisal Standards Board of the Appraisal Foundation has not issued an
719     interpretation or explanation.
720          (b) If the conditions of Subsection (5)(a) are met, the board shall recommend to the
721     division the appropriate interpretation or explanation that the division should adopt as a rule
722     under this chapter.
723          (c) (i) The board may by rule made in accordance with Title 63G, Chapter 3, Utah
724     Administrative Rulemaking Act, and Section 61-2g-403, and with the concurrence of the
725     division, provide for an exemption from a provision of the Uniform Standards of Professional
726     Appraisal Practice for:
727          (A) an activity engaged in on behalf of a governmental entity; or
728          (B) the act of an individual licensed or certified in accordance with this chapter
729     providing an evaluation.
730          (ii) In providing an exemption as described in Subsection (5)(c)(i)(B), the board may
731     not exempt an individual from the following provisions of the Uniform Standards of
732     Professional Appraisal Practice:
733          (A) the Ethics Rule;
734          (B) the Record Keeping Rule;
735          (C) the Competency Rule; and
736          (D) the Scope of Work Rule.
737          (6) (a) The board shall conduct an administrative hearing, not delegated by the board to
738     an administrative law judge, in connection with a disciplinary proceeding under Section
739     61-2g-504 concerning:
740          (i) a person required to be licensed, certified, or registered under this chapter; and

741          (ii) the person's failure to comply with this chapter and the Uniform Standards of
742     Professional Appraisal Practice as adopted under Section 61-2g-403.
743          (b) The board, with the concurrence of the division, shall issue in an administrative
744     hearing a decision that contains findings of fact and conclusions of law.
745          (c) When a determination is made that a person required to be licensed, certified, or
746     registered under this chapter has violated this chapter, the division shall implement disciplinary
747     action determined through concurrence of the board and the division.
748          (7) A member of the board is immune from a civil action or criminal prosecution for a
749     disciplinary proceeding concerning a person required to be registered, licensed, certified, or
750     approved as an expert under this chapter if the action is taken without malicious intent and in
751     the reasonable belief that the action taken was taken pursuant to the powers and duties vested
752     in a member of the board under this chapter.
753          (8) (a) The board shall require and pass upon proof necessary to determine the honesty,
754     competency, integrity, truthfulness, and general fitness to command the confidence of the
755     community of an applicant for:
756          (i) original licensure, certification, or registration; and
757          (ii) renewal licensure, certification, or registration.
758          (b) The board may delegate to the division the authority to:
759          (i) review a class or category of applications for an original or renewed license,
760     certification, or registration;
761          (ii) determine whether an applicant meets the qualifications for licensure, certification,
762     or registration;
763          (iii) conduct any necessary hearing on an application for an original or renewed license,
764     certification, or registration; and
765          (iv) approve, approve with condition or restriction, or deny an application for an
766     original or renewed license, certification, or registration.
767          (c) Except as provided in Subsections (8)(d) and (e), and in accordance with Title 63G,
768     Chapter 4, Administrative Procedures Act, an applicant who is approved with a condition or
769     restriction or denied licensure, certification, or registration under this chapter may submit a
770     request for agency review to the executive director of the division within 30 days after the day
771     on which the board issues the order approving with a condition or restriction, or denying, the

772     applicant's application.
773          (d) If the board delegates to the division the authority to approve, approve with a
774     condition or restriction, or deny an application without the concurrence of the board under
775     Subsection (8)(b), and the division approves with a condition or restriction, or denies, an
776     application for licensure, certification, or registration, the applicant may, in accordance with
777     Title 63G, Chapter 4, Administrative Procedures Act, petition the board for a de novo review
778     of the application within 30 days after the day on which the division issues the order approving
779     with a condition or restriction, or denying, the applicant's application.
780          (e) If the board approves with a condition or restriction, or denies, an applicant's
781     application for licensure, certification, or registration after a de novo review under Subsection
782     (8)(d), the applicant may, in accordance with Title 63G, Chapter 4, Administrative Procedures
783     Act, petition the executive director for review of the board's approval with a condition or
784     restriction, or denial, within 30 days after the day on which the board issues the order
785     approving with a condition or restriction, or denying, the applicant's application.
786          Section 8. Section 61-2g-301 is amended to read:
787          61-2g-301. License or certification required.
788          (1) Except as provided in Subsection (2), it is unlawful for a person to prepare, for
789     valuable consideration, an appraisal, an appraisal report, a certified appraisal report, or perform
790     a consultation service relating to real estate or real property in this state without first being
791     licensed or certified in accordance with this chapter.
792          (2) This section does not apply to:
793          (a) a principal broker, associate broker, or sales agent as defined by Section 61-2f-102
794     licensed by this state who, in the ordinary course of the broker's or sales agent's business, gives
795     an opinion regarding the value of real estate:
796          (i) to a potential seller or third-party recommending a listing price of real estate; or
797          (ii) to a potential buyer or third-party recommending a purchase price of real estate;
798          (b) an employee of a company who states an opinion of value or prepares a report
799     containing value conclusions relating to real estate or real property solely for the company's
800     use;
801          (c) an official or employee of a government agency while acting solely within the scope
802     of the official's or employee's duties, unless otherwise required by Utah law;

803          (d) an auditor or accountant who states an opinion of value or prepares a report
804     containing value conclusions relating to real estate or real property while performing an audit;
805          (e) an individual, except an individual who is required to be licensed or certified under
806     this chapter, who states an opinion about the value of property in which the individual has an
807     ownership interest;
808          (f) an individual who states an opinion of value if no consideration is paid or agreed to
809     be paid for the opinion and no other party is reasonably expected to rely on the individual's
810     appraisal expertise;
811          (g) an individual, such as a researcher or a secretary, who does not render significant
812     professional assistance, as defined by the board, in arriving at a real estate appraisal analysis,
813     opinion, or conclusion;
814          (h) an attorney authorized to practice law in any state who, in the course of the
815     attorney's practice or tax appeal services, uses an appraisal report governed by this chapter or
816     who states an opinion of the value of real estate; or
817          (i) an individual who is not an appraiser who presents or provides a price estimate,
818     evidence, or property tax information solely for a property tax appeal in accordance with
819     Section 59-2-1017.
820          (3) An opinion of value or report containing value conclusions exempt under
821     Subsection (2) may not be referred to as an appraisal.
822          (4) Except as provided in Subsection (2), to prepare or cause to be prepared in this state
823     an appraisal, an appraisal report, or a certified appraisal report, an individual shall:
824          (a) apply in writing for licensure or certification as provided in this chapter in the form
825     the division may prescribe; and
826          (b) become licensed or certified under this chapter.
827          (5) Subject to rules made in accordance with Section 61-2g-205, a person licensed or
828     certified under this chapter may provide an evaluation.
829          Section 9. Section 61-2g-304.5 is amended to read:
830          61-2g-304.5. Background checks.
831          (1) An individual applying for licensure, certification, or registration under this chapter
832     shall, at the time the individual files an application for licensure:
833          (a) submit to the division, with the individual's application, a fingerprint card in a form

834     acceptable to the [division; and] Department of Public Safety;
835          (b) submit to the division a signed waiver in accordance with Subsection 53-10-108(4),
836     acknowledging the registration of the individual's fingerprints in the Federal Bureau of
837     Investigation Next Generation Identification System's Rap Back Service beginning January 1,
838     2020;
839          [(b)] (c) consent to a criminal background check by:
840          (i) the Utah Bureau of Criminal Identification; and
841          (ii) the Federal Bureau of Investigation[.]; and
842          (d) pay the fee the division establishes in accordance with Subsection (3)(d).
843          (2) Beginning January 1, 2020, each applicant for renewal or reinstatement of a license,
844     certification, or registration who does not have the applicant's fingerprints registered in the
845     Federal Bureau of Investigation Next Generation Identification System's Rap Back Service
846     shall, at the time the application for renewal or reinstatement is filed:
847          (a) submit to the division, with the individual's application, a fingerprint card in a form
848     acceptable to the Department of Public Safety;
849          (b) submit to the division a signed waiver in accordance with Subsection 53-10-108(4),
850     acknowledging the registration of the individual's fingerprints in the Federal Bureau of
851     Investigation Next Generation Identification System's Rap Back Service;
852          (c) consent to a fingerprint background check by:
853          (i) the Utah Bureau of Criminal Identification; and
854          (ii) the Federal Bureau of Investigation; and
855          (d) pay the fee the division establishes in accordance with Subsection (3)(d).
856          (3) (a) The Bureau of Criminal Identification shall:
857          (i) check the fingerprints an applicant submits under Subsection (1) or (2) against the
858     applicable state, regional, and national criminal records databases, including, beginning
859     January 1, 2020, the Federal Bureau of Investigation Next Generation Identification System;
860          (ii) report the results of the background check to the division;
861          (iii) maintain a separate file of fingerprints that individuals submit under this section
862     for search by future submissions to the local and regional criminal records databases, including
863     latent prints;
864          (iv) request, beginning January 1, 2020, that the fingerprints be retained in the Federal

865     Bureau of Investigation Next Generation Identification System's Rap Back Service for search
866     by future submissions to national criminal records databases, including the Next Generation
867     Identification System and latent prints; and
868          (v) ensure that the division only receives notifications for an individual with whom the
869     division maintains permission to receive notifications.
870          (d) (i) The division shall assess an applicant who submits fingerprints under this
871     section a fee in an amount that the division sets in accordance with Section 63J-1-504 for
872     services that the division and the Bureau of Criminal Identification or another authorized
873     agency provide under this section.
874          (ii) The Bureau of Criminal Identification may collect from the division money for
875     services provided under this section.
876          [(2) The division shall request that the Department of Public Safety complete a Federal
877     Bureau of Investigation criminal background check for each applicant through the national
878     criminal history system or any system that succeeds the national criminal history system.]
879          [(3) The applicant shall pay the cost of:]
880          [(a) the fingerprint card described in Subsection (1)(a); and]
881          [(b) a criminal background check.]
882          (4) (a) A license, certification, [or] registration, or renewal issued under this chapter is
883     conditional pending completion of a criminal background check.
884          (b) A license, certification, [or] registration, or renewal issued under this chapter is
885     immediately and automatically revoked if a criminal background check reveals that the
886     applicant failed to accurately disclose a criminal history that:
887          (i) relates to the appraisal industry; or
888          (ii) includes a felony conviction based on fraud, misrepresentation, or deceit.
889          (c) If a criminal background check reveals that an applicant failed to accurately
890     disclose a criminal history other than a type described in Subsection (4)(b), the division shall
891     review the application and, in accordance with rules made by the division pursuant to Title
892     63G, Chapter 3, Utah Administrative Rulemaking Act, may:
893          (i) place one or more conditions on the license, certification, or registration;
894          (ii) place one or more restrictions on the license, certification, or registration;
895          (iii) revoke the license, certification, or registration; or

896          (iv) refer the application to the board for a decision.
897          (d) An individual whose conditional license, certification, or registration is
898     automatically revoked under Subsection (4)(b) or whose license, certification, or registration is
899     conditioned, restricted, or revoked under Subsection (4)(c) may appeal the action in a hearing
900     conducted by the board in accordance with Title 63G, Chapter 4, Administrative Procedures
901     Act.
902          (e) The board may delegate to the division or an administrative law judge the authority
903     to conduct a hearing described in Subsection (4)(d).
904          (f) The board, the division, or an administrative law judge may reverse an automatic
905     revocation under Subsection (4)(b) only if:
906          (i) the criminal history upon which the revocation was based did not occur or is the
907     criminal history of another individual;
908          (ii) at the time the applicant disclosed the applicant's criminal history, the applicant had
909     a reasonable good faith belief that there was no criminal history to be disclosed; or
910          (iii) the division failed to follow the prescribed procedure for the revocation.
911          (5) (a) If an individual's conditional license, certification, or registration is revoked
912     under Subsection (4) and the individual does not appeal the revocation in accordance with
913     Subsection (4)(d), the individual may not apply for a new certification, license, or registration
914     under this chapter for a period of 12 months after the day on which the conditional license,
915     certification, or registration is revoked.
916          (b) If an individual's conditional license, certification, or registration is revoked, the
917     individual appeals that revocation in accordance with Subsection (4)(d), and the revocation is
918     upheld, the individual may not apply for a new license, certification, or registration under this
919     chapter for a period of 12 months after the day on which the decision from the appeal is issued.
920          (6) The board may delegate to the division the authority to make a decision on whether
921     relief from a revocation should be granted.
922          (7) Money an applicant pays for the cost of the criminal background check is
923     nonlapsing.
924          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
925     with the concurrence of the division, the commission may make rules for the administration of
926     this section regarding criminal background checks with ongoing monitoring.