No. 29546 (Amendment): R162-106-5. Failure to Respond to Investigation

DAR File No.: 29546
Filed: 02/23/2007, 09:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of Real Estate does not only send notices of "Complaint" to licensees. It also sends notices of inquiries and other notices. It is therefore necessary to change the rule to correspond with current practice.

Summary of the rule or change:

The rule is changed to be phrased in terms of the Division notifying a licensee that information is needed from the individual instead of notifying a licensee of a complaint. It is also changed to allow a response from the licensee to be in the manner specified by the Division instead of always requiring that the response from the licensee must be in writing.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

None--This rule would allow the Division to obtain information from its licensees by notifying them that it is needed instead of having only the more formal process of serving a records subpoena on the licensee. There would be some slight cost savings to the Division if it is able to obtain information from its licensees in a less formal process, but the anticipated savings to the state budget cannot be calculated since the savings would vary according to how many complaints the Division received in which this less formal process could be employed.

local governments:

None--While local governments do employ licensed and certified appraisers, no cost or savings to local governments is anticipated as a result of the Division of Real Estate having the option of using a less formal process to address complaints and inquiries concerning the activities of those appraisers.

other persons:

None--The only other persons who would be affected by this rule change are the appraisers licensed and certified by the Division of Real Estate. This rule change would not cost them any additional funds since they are already required to respond to an investigation by the Division of Real Estate of a complaint filed against them. The rule change may save these appraisers a small amount of funds since there would be flexibility in the method of their response to the Division. The response would not always have to be in writing, but could be an oral response in some instances.

Compliance costs for affected persons:

The only persons affected by this rule change would be licensed or certified appraisers who are subject to requests for information from the Division of Real Estate. It would not cost these persons any money if there is more flexibility in the manner of the Division's inquiry into complaints, and may actually save appraisers money since a written response would not necessarily be required in any particular inquiry.

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

There appears to be no fiscal impact to businesses beyond the cost savings discussed in the rule filing. 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
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 801-366-0145, by FAX at 801-366-0315, 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:

04/16/2007

This rule may become effective on:

04/24/2007

Authorized by:

Derek Miller, Director

RULE TEXT

R162. Commerce, Real Estate.

R162-106. Professional Conduct.

R162-106-5. Failure to Respond to [Investigation]Notice.

106.5. When the Division notifies an appraiser or registered expert witness of a complaint, or when the Division notifies an appraiser or registered expert witness that information is needed from the individual, the notified individual must respond to the [complaint]notice in the manner specified in the notice [in writing ]within ten business days of receipt of the notice from the Division. Failure to respond within the required time period to a notice [of complaint, a subpoena, ]or any written request for information from the Division shall be considered a violation of these rules and separate grounds for disciplinary action against the appraiser or registered expert witness.

 

KEY: real estate appraisals, conduct

Date of Enactment or Last Substantive Amendment: [September 25, 2005]2007

Notice of Continuation: February 15, 2007

Authorizing, and Implemented or Interpreted Law: 61-2b-2[7]9