No. 40684 (5-year Review): Rule R162-2g. Real Estate Appraiser Licensing and Certification Administrative Rules

DAR File No.: 40684
Filed: 08/18/2016 12:06:58 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The rule was adopted under the statutory provisions of Title 61, Chapter 2g, the Real Estate Appraiser Licensing and Certification Act (Act). Section 61-2g-201 provides that the Utah Real Estate Division (Division), shall adopt, with the concurrence of the Utah Real Estate Appraiser Licensing and Appraiser Board (Board), rules for the administration of Title 61, Chapter 2g that are not inconsistent with the chapter or the constitution and laws of the state of Utah or of the United States. Other sections of Title 61, Chapter 2g, which authorize the rulemaking process are Sections 61-2g-102, 61-2g-205, 61-2g-302, 61-2g-304.5, 61-2g-306, 61-2g-311, 61-2g-313, 61-2g-403, and 61-2g-502. Changes and updates to the rule have been made since its adoption. The rule provides direction to the staff of the Division regarding the administration and enforcement of the Act and helps guide registered, licensed, and certified appraisers such that they may comply with the statutory requirements of the Act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The rule has been amended numerous times since it became effective. Prior to adopting the amendments to the rule, proposed amendments were discussed during public meetings of the Board. The public, industry members, and government or quasi government entities made comments at the meetings which were considered by the Division and the Board prior to the adoption of the amendments. No written comments were submitted during this process or since the adoption of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The statutory requirement for this rule remains in effect. There have been no written comments in opposition to this rule. Therefore, the rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Justin Barney at the above address, by phone at 801-530-6603, by FAX at , or by Internet E-mail at [e-mail]

Effective:

08/18/2016

Authorized by:

Jonathan Stewart, Director

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