No. 28238 (Amendment): R162-103-7. Continuing Education Course Certification .

DAR File No.: 28238
Filed: 09/15/2005, 08:54
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Appraiser Licensing and Certification Board wants to ensure that only those courses that enhance an appraiser's professional skills qualify for continuing education credit. Therefore, the rule is changed so that appraisers may only receive continuing education credit for real estate sales and mortgage officer classes if those courses are acceptable to the Appraisal Qualifications Board (AQB) for appraiser continuing education.

 

Summary of the rule or change:

A provision is added stating that real estate sales and mortgage officer continuing education courses will only qualify for appraiser continuing education if the courses have been approved by the AQB.

 

State statutory or constitutional authorization for this rule:

Subsection 61-2b-6(1)(l)

 

Anticipated cost or savings to:

the state budget:

Whether or not real estate sales or mortgage officer courses qualify for continuing education for appraisers could only potentially impact state agencies that have staff appraisers and pay for the continuing education of those staff appraisers, and then only if real estate sales and mortgage officer courses cost less than appraiser courses. Since the price for continuing education classes is set by the education providers and not by government, it is unknown whether the alternative courses that appraisers would have to take if some other courses no longer qualify would cost more. No savings is anticipated.

 

local governments:

Whether or not real estate sales or mortgage officer courses qualify for continuing education for appraisers could only potentially impact local governments that have staff appraisers and pay for the continuing education of those staff appraisers, and then only if real estate sales and mortgage officer courses cost less than appraiser courses. Since the price for of continuing education classes is set by the education providers and not by government, it is unknown whether the alternative courses that appraisers would have to take if some other courses no longer qualify would cost more. No savings is anticipated.

 

other persons:

The only other persons who could be affected by whether or not appraisers are able to count real estate or mortgage continuing education classes toward appraiser license renewal would be the appraisers themselves. Since the price for continuing education classes is set by the education providers and not by government, it is unknown whether the alternative courses that appraisers would have to take if some other courses no longer qualify would cost more. No savings is anticipated.

 

Compliance costs for affected persons:

The only persons affected by this rule change would be appraisers. Since the price of continuing education classes is set by the education providers and not by government, it is unknown whether the alternative courses that appraisers would have to take if some other courses no longer qualify would cost more.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing allows continuing education credit for licensed appraisers who take courses approved for continuing education of real estate sales agents/brokers and for mortgage officers, provided the Appraisal Qualifications Board approves the courses. The only anticipated fiscal impact to businesses is a positive one to those providing continuing education and to licensed appraisers who will have more choices for their courses. This impact, however, is difficult to quantify. Jason P. Perry, Acting Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Real Estate
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Shelley Wismer at the above address, by phone at 801-530-6761, by FAX at 801-530-6749, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2005

 

This rule may become effective on:

11/01/2005

 

Authorized by:

Dexter Bell, Director

 

 

RULE TEXT

R162. Commerce, Real Estate.

R162-103. Appraisal Education Requirements.

R162-103-7. Continuing Education Course Certification.

103.7 As a condition of renewal, all appraisers will complete the equivalent of 28 classroom hours of appraisal education during the two-year term preceding renewal. The continuing education requirement is for the purpose of maintaining and increasing the appraiser's skill, knowledge and competency in real estate appraising.

103.7.1 Continuing education credit may be granted for courses that meet the following criteria:

(a) the course has been obtained from any of the course providers designated in 103.1.

(b) the course covers appraisal topics as suggested by the AQB.

(c) the length of the educational offering is at least two classroom hours, each classroom hour is defined as 50 minutes out of each 60-minute segment, and the continuing education credit is limited to eight hours per day.

(d) the course meets the requirements for distance learning as outlined in R162-103.3.[7]6.

103.7.2 Real estate appraisal related field trips are acceptable for continuing education credit; however, transit time to or from the field trip location should not be included when awarding credit if instruction does not occur.

103.7.3 Prelicensing education credit awarded to individuals seeking a different classification than that held, can also be used to satisfy a continuing education requirement.

103.7.4 Alternative Continuing Education Credit - continuing education credit may be granted for participation, other than as a student, in appraisal educational processes and programs.

103.7.4.1 Credit may be granted on a case by case basis for teaching, program development, authorship of textbooks, or similar activities which are determined by the Board to be equivalent to obtaining continuing education.

103.7.4.2 The Education Review Committee will review claims of equivalent education and also alternative continuing education proposed to be used for continuing education purposes.

103.7.4.3 The Board may award continuing education credit to members of the Education Review Committee, the Experience Review Committee, and the Technical Advisory Panel.

103.7.5 Courses that are approved for continuing education credit for real estate sales agents, real estate brokers, or mortgage officers licensed by the Division are not acceptable for appraiser continuing education credit unless the courses have been previously approved by the AQB.

 

KEY: real estate appraisals, education

[July 27, ]2005

Notice of Continuation June 3, 2002

61-2b-8