No. 27797 (Amendment): R162-102-1. Application

DAR File No.: 27797
Filed: 04/01/2005, 01:37
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Some applicants obtain permission to sit for the examination, and then do not do so for several years, by which time their prelicensing education has become outdated. In order to remedy this situation, the Utah Appraiser Licensing and Certification Board desires a limit on how long applicants have to take the examination once they have registered to sit for the examination.

 

Summary of the rule or change:

The permission granted by the Division of Real Estate to sit for an appraiser licensing or certification examination will only be valid for 24 months after issuance.

 

State statutory or constitutional authorization for this rule:

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

 

Anticipated cost or savings to:

the state budget:

None--State government is not affected by requiring appraiser applicants to sit for the licensing or certification examination within 24 months after seeking permission to do so.

 

local governments:

None--Although local county assessors' offices do have appraisers on staff, a rule that requires appraiser candidates to take an examination within 24 months after seeking permission to do so should not cost or save local government. Appraiser candidates have control over this process; they should not seek permission to take the examination until they anticipate taking it within the next 24 months.

 

other persons:

The only other persons affected by this rule amendment are candidates for the appraiser licensing or certification examinations. They would not realize any savings because of this rule amendment. They could lose the fees ($68) that they pay to obtain permission to sit for examinations if they don't follow through and take the examinations.

 

Compliance costs for affected persons:

Candidates for the appraiser licensing and certification examinations could lose the fees ($68) that they pay to obtain permission to sit for examinations if they don't follow through and take the examinations. However, these parties have control over the examination process; they should not seek permission to take an examination until they are ready to do so.

 

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

No fiscal impact to businesses is anticipated as a result of this rule filing other than the loss of fees mentioned above for applicants who apply for approval to take the examination and then wait more than two years to do so. Russell C. Skousen, 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:

05/16/2005

 

This rule may become effective on:

05/17/2005

 

Authorized by:

Dexter Bell, 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.

102.1.1.1 The application 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.

102.1.1.2 The candidate will provide evidence of meeting the experience requirement by completing the form required by the Division.

102.1.1.3 The candidate will submit the appropriate license or certification fee at the time of submission of the education and experience forms.

102.1.2 Exam Application

102.1.2.1 Upon determining the candidate has completed the education and experience requirements, the Division will issue [an examination application form ]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, or twenty-four months after May 17, 2005, whichever is longer.

102.1.2.1.1 Effective January 1, 2003, as a prerequisite to sitting for the licensing/certification examination, the applicant will be required to 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.

102.1.2.2 The candidate will 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 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 license 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.

 

KEY: real estate appraisals, licensing

[December 2, 2002]2005

Notice of Continuation March 27, 2002

61-2b-[23]6(1)(l)