No. 33180 (Amendment): Rule R162-102. Application Procedures

(Amendment)

DAR File No.: 33180
Filed: 11/24/2009 08:02:29 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment complies with the statutory provisions: 1) requiring a trainee to renew the registration every two years; and 2) establishing a 12-month window in which to reinstate an expired license or trainee registration.

Summary of the rule or change:

This amendment establishes that trainees must renew their registrations every two years. It also establishes a 12-month window in which an appraiser or trainee may reinstate an expired license or trainee registration. Language is added to emphasize that a trainee must be registered with the Division in order to earn experience credit toward licensure. Other nonsubstantive corrections are included to clarify the language of the rule.

State statutory or constitutional authorization for this rule:

• Subsection 61-2b-6(1)

Anticipated cost or savings to:

the state budget:

Extending the reinstatement period will have no impact on the state budget. Renewing trainee registrations every two years will require some administrative hours. However, the Division is already renewing appraiser licenses every two years, and it is anticipated that the Division already has adequate staff and resources in place to cover the trainee renewals.

local governments:

Local government is not involved in licensing appraisers or registering trainees. There are no costs to local government.

small businesses:

Small businesses that choose to pay the renewal fees on behalf of their appraiser trainees may do so. The current renewal fee is $100.

persons other than small businesses, businesses, or local governmental entities:

Affected trainees will have to renew their registrations every two years. Currently, the renewal fee is $100.

Compliance costs for affected persons:

To comply, affected persons will have to renew a trainee registration every two years. Currently, the renewal fee is $100.

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

As stated in the rule summary, no fiscal impact to businesses is anticipated from this filing, which adopts standards required by recent statutory amendments relating to the registration of appraiser trainees and makes other clarifying amendments.

Francine A. Giani, 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
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, 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:

01/14/2010

This rule may become effective on:

01/21/2010

Authorized by:

Deanna Sabey, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-102. Application Procedures.

R162-102-1. Application.

102.1.1 Initial Review - An applicant for licensure or certification as an appraiser will be required to submit, on forms provided by the Division, documentation indicating successful completion of the education and experience required by the State of Utah. Until January 1, 2008, an applicant may submit education documentation and experience documentation to the Division for approval separately. Effective January 1, 2008, an applicant shall submit education documentation and experience documentation to the Division at the same time.

102.1.1.1 Education documentation may be reviewed by an Appraiser Education Review Committee appointed by the Real Estate Appraiser Licensing and Certification Board to determine if the education requirement has been met.

102.1.1.1.1 As a prerequisite to sitting for either the licensing examination or the certification examination, the applicant shall submit proof of successful completion of the 15-hour National USPAP Course or its equivalent from an instructor or instructors, at least one of whom is a State-Certified Residential or State-Certified General Appraiser and has been certified by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. Equivalency to the 15-hour National USPAP Course will be determined through the Course Approval Program of the Appraiser Qualifications Board (AQB) of the Appraisal Foundation.

102.1.1.2 The applicant shall provide evidence of meeting the experience requirement by completing the form required by the Division. The Division and the Board shall not award experience credit toward qualification as a state-licensed appraiser for any work performed at a time when the applicant was not registered with the Division as a trainee.

102.1.1.3 The candidate shall submit the appropriate license or certification fee at the time of [submission to the Division of either the education or experience documentation forms]application.

102.1.1.4 If an applicant has submitted education or experience documentation to the Division prior to January 1, 2008 and has obtained approval of only the education component or only the experience component required for licensure or certification, the applicant must submit proper documentation of the remaining component to the Division prior to January 1, 2011 or any approval of a component shall lapse.

102.1.2 Exam Application

102.1.2.1 Upon determining the candidate has completed the education and experience requirements, the Division will issue to the candidate a form permitting the candidate to register to sit for the examination. The permission to register to sit for the examination shall be valid for twenty-four months after issuance.

102.1.2.2 The candidate shall make application to take the examination by returning the application form and the appropriate testing fee to the testing service designated by the Division. If the applicant fails to take the examination, the fee will be forfeited.

102.1.3 Final Application

102.1.3.1 Within 90 days after successful completion of the exam, the appraiser applicant [must]shall return to the Division each of the following:

102.1.3.1.1 A report from the testing service indicating successful completion of the exam.

102.1.3.1.2 The application form required by the Division. The application form shall include the applicant's business and home addresses. A post office box without a street address is unacceptable as a business or home address. The applicant may designate either address to be used as a mailing address.

102.1.3.1.3 The fee for the federal registry if the applicant is applying for certification.

 

R162-102-2. Status Change.

102.2.1 A licensed appraiser,[or] certified appraiser , or trainee [must]shall notify the Division within ten working days of any status change. Status changes are effective on the date the properly executed forms and appropriate fees are received by the Division. Notice [must]shall be made in writing on the forms required by the Division.

102.2.1.1 Change of name requires submission of official documentation such as a marriage or divorce certificate, or driver's license.

102.2.1.2 Change of business, home address or mailing address requires written notification. A post office box without a street address is unacceptable as a business or home address. Any address may be designated as a mailing address.

102.2.2 State-licensed Appraisers, upon meeting the appropriate requirements for certification and upon filing a completed application within six months from their last renewal, will be allowed to transfer to the categories of either Certified Residential or Certified General by paying only a transfer fee.

102.2.2.1 Transfer to a certified category will not change the individual's expiration date.

 

R162-102-3. Renewal.

102.3.1 At least 30 days before expiration, a renewal notice shall be sent by the Division to the licensed appraiser,[or] certified appraiser , or trainee at the mailing address shown on the Division records. The applicant for renewal [must]shall return the completed renewal notice and the applicable renewal fee to the Division on or before the expiration shown on the notice.

102.3.1.1 The licensed appraiser,[or] certified appraiser , or trainee [must]shall return proof of completion of [28 hours of]the following continuing education taken during the preceding two years[.]:

(a) the 7-hour National USPAP Update Course; and

(b) 21 additional hours of Division-approved continuing education.

102.3.1.1.4 All appraisers and trainees must take the 7-hour National USPAP Update Course or its equivalent [at least once every two years]once for each renewal in order to maintain a license , [or] certification , or registration. In order to qualify as continuing education for renewal, the course must have been taken from an instructor or instructors, at least one of whom is a State-Certified Residential or State-Certified General Appraiser and has been certified by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. Equivalency to the 7-hour National USPAP Update Course will be determined through the Course Approval Program of the Appraiser Qualifications Board (AQB) of the Appraisal Foundation.

102.3.2 If the renewal fee and documentation are not received within the prescribed time period, the license ,[ or] certification , or registration shall expire.

102.3.2.1 A license , [or] certification , or registration may be renewed for a period of 30 days after the expiration date upon payment of a late fee in addition to the requirements of Section 102.3.1.

102.3.2.2 [After this 30-day period and until six months after the expiration date, the license or certification may be reinstated upon payment of a reinstatement fee in addition to the requirements of Section 102.3.1. It shall be grounds for disciplinary sanction if, after the expiration date, the individual continues to perform work for which a license or certification is required.

102.3.2.3 A person who does not renew a license or certification within six months after the expiration date shall be relicensed or recertified as prescribed for an original application. The applicant will receive credit for previously credited prelicensing education. Applicants for a new license or certification will be required to complete a USPAP course and retake the examination for the classification for which they are applying.]Reinstatement.

(a) After the 30-day period described in Subsection 102.3.2.1 and until six months after the expiration date, an individual may reinstate an expired license, certification, or registration by

(i) complying with Subsection 102.3.1;

(ii) paying a late fee; and

(iii) paying a reinstatement fee.

(b) After the six-month period described in Subsection (a) and until one year after the expiration date, an individual may reinstate an expired license, certification, or registration by

(i) complying with Subsection 102.3.1;

(ii) paying a late fee;

(iii) paying a reinstatement fee; and

(iv) completing 24 hours of additional continuing education.

(c)(i) An individual who does not reinstate an expired license, certification, or registration within 12 months of the expiration date must:

(A) reapply with the Division as a new applicant;

(B) retake and pass the 15-hour USPAP course; and

(C) retake and pass any applicable licensing or certification examination.

(ii) An individual reapplying under Subsection (i) shall receive credit for previously credited prelicensing education if:

(A) it was completed within the five-year period prior to the date of reapplication; and it was either

(B) completed after January 1, 2008; or

(C) certified by the Division and the AQB prior to January 1, 2008, as approved, qualified prelicensing education.

102.3.3 If the Division has received renewal documents in a timely manner but the information is incomplete, the appraiser or trainee [shall]may be extended a 15-day grace period to complete the application.

102.3.4 Renewal while on active military service. An appraiser or trainee who is unable to renew a license or certification because active military service has prevented the completion of the appraiser's or trainee's required continuing education may submit a timely application for renewal that is complete, except for proof of continuing education, and may request that the application for renewal be held in suspense pending the completion of the continuing education requirement.

102.3.4.1 The appraiser or trainee shall[will] have 120 days after completion of active military service to complete the continuing education required for the renewal and submit proof of the continuing education to the Division.

102.3.4.2 An appraiser may not act as an appraiser in Utah after the expiration of the appraiser's current license while the appraiser's application for renewal is held in suspense by the Division pending the completion of military service and the completion of the continuing education required for renewal. The appraiser may not act as an appraiser in Utah until the appraiser submits proof of completion of the required continuing education and the appraiser's application for renewal is processed by the Division.

 

R162-102-5. Reciprocity.

102.5.1 An individual who is licensed or certified as an appraiser by another state may be licensed or certified in Utah by reciprocity on the following conditions:

102.5.1.1 The other state must have required the applicant to satisfactorily complete classroom hours of appraisal education approved by that state which are substantially equivalent in number to the hours required for the class of licensure or certification for which he is applying in Utah;

102.5.1.2 The education must have included a course in the Uniform Standards of Professional Appraisal Practice. The course must either be the 15-hour National USPAP Course or its equivalent. Equivalency to the 15-hour National USPAP Course will be determined through the Course Approval Program of the Appraiser Qualifications Board (AQB) of the Appraisal Foundation;

102.5.1.3 The applicant [must]shall obtain and study the Utah Real Estate Appraiser Licensing and Certification Act and the rules promulgated thereunder and [must]shall sign an attestation that he understands and will abide by them;

102.5.1.4 The applicant [must have]shall provide evidence of having passed an examination [which]that has been approved by the AQB for the class of licensure or certification for which he is applying;

102.5.1.5 If the applicant resides outside of the state of Utah, [he must]the applicant shall sign an irrevocable consent to service authorizing the Division to receive service of any lawful process on his behalf in any noncriminal proceeding arising out of his practice as an appraiser in this state;

102.5.1.6 The applicant [must]shall provide a complete licensing history sent directly to the Division by his home state and any other state in which he has been licensed, which shall include the applicant's full name, home and business addresses and telephone numbers, the date first licensed, the type or types of licenses or certifications held, the date the current license or certification expires, and a statement concerning whether disciplinary action has ever been taken, or is pending, against the individual;

102.5.1.7 The applicant shall not have been convicted of a criminal offense involving moral turpitude relating to his ability to provide services as an appraiser; and

102.5.1.8 The applicant [must]shall agree, as a condition of licensure or certification, [that he will]to furnish to the Division upon demand all records requested by the Division relating to [his]the applicant's appraisal practice in Utah. Failure to do so will be considered grounds for revocation of license or certification.

 

KEY: real estate appraisals, licensing

Date of Enactment or Last Substantive Amendment: [September 27, 2007]2010

Notice of Continuation: February 15, 2007

Authorizing, and Implemented or Interpreted Law: 61-2b-6(1)[(l)]

 

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