R162-2g-302. Application for Trainee Registration

  (1) Registration required.

  (a) An individual who intends to obtain a license to practice as a state-licensed appraiser shall first register with the division as a trainee.

  (b) The division and the board shall not award or recognize experience hours toward licensure for any appraisal work that is performed by an individual during a period of time when the individual is not registered as a trainee.

  (2) Character. An individual registering with the division as a trainee shall evidence honesty, integrity, and truthfulness.

  (a) A trainee applicant shall be denied registration for:

  (i) a felony that resulted in:

  (A) a conviction occurring within five years of the date of application; or

  (B) a jail or prison release date falling within five years of the date of application; or

  (ii) a misdemeanor involving fraud, misrepresentation, theft, or dishonesty that resulted in:

  (A) a conviction occurring within three years of the date of application; or

  (B) a jail or prison release date falling within three years of the date of application.

  (b) A trainee applicant may be denied registration upon consideration of the following:

  (i) criminal convictions and pleas entered at any time prior to the date of application;

  (ii) the circumstances that led to any criminal convictions or pleas under consideration;

  (iii) past acts related to honesty or moral character, with particular consideration given to any such acts involving the appraisal business;

  (iv) dishonest conduct that would be grounds under Utah law for sanctioning an existing licensee;

  (v) civil judgments in lawsuits brought on grounds of fraud, misrepresentation, or deceit;

  (vi) court findings of fraudulent or deceitful activity in civil lawsuits;

  (vii) evidence of non-compliance with court orders or conditions of sentencing;

  (viii) evidence of non-compliance with terms of a probation agreement, plea in abeyance, or diversion agreement; and

  (ix) failure to pay taxes or child support obligations.

  (3) Competency. An individual registering with the division as a trainee shall evidence competency. In evaluating an applicant for competency, the division and board may consider any evidence, including the following:

  (a) civil judgments, with particular consideration given to any such judgments involving the appraisal business;

  (b) failure to satisfy a civil judgment that has not been discharged in bankruptcy;

  (c) the extent and quality of the applicant's training and education in appraisal;

  (d) the extent of the applicant's knowledge of the Utah Real Estate Appraiser Licensing and Certification Act;

  (e) evidence of disregard for licensing laws;

  (f) evidence of drug or alcohol dependency; and

  (g) the amount of time that has passed since any incident under consideration.

  (4) Pre-licensing education.

  (a) Within the five-year period preceding the date of application, an applicant shall successfully complete 75 classroom hours:

  (i) approved by the AQB; and

  (ii)(A) certified by the division pursuant to Subsection R162-2g-307c(1)-(3); or

  (B) not required to be certified by the division pursuant to Subsection R162-2g-307c(6).

  (b) The 75 hours of required education shall include:

  (i) 30 hours of appraisal principles;

  (ii) 30 hours of appraisal procedures; and

  (iii) the 15-hour National USPAP course, or its equivalent.

  (c) The15-hour National USPAP Course or its equivalent may not be accepted by the division as qualifying education unless it is:

  (i) taught by an instructor who:

  (A) is a state-certified residential or state-certified general appraiser; and

  (B) has been certified by the AQB; or

  (ii) approved as a distance education course by the AQB and International Distance Education Certification Center.

  (d) A person who applies for trainee registration on or after January 1, 2015 shall successfully complete the division-approved Supervisory Appraiser and Appraiser Trainee Course:

  (i) as taught by a division-approved instructor; and

  (ii) within the two-year period preceding the date of application.

  (e) Examination. An applicant shall evidence having passed the final examination in all pre-licensing courses.

  (5) Application to the division. An applicant shall submit the following to the division:

  (a) a completed application as provided by the division;

  (b) course completion certificates for the 75 hours of pre-licensing education;

  (c)(i) two fingerprint cards in a form acceptable to the division; or

  (ii) evidence that the applicant's fingerprints have been successfully scanned at a testing center;

  (d) all court documents related to any past criminal proceeding;

  (e) complete documentation of any sanction taken against any license in any jurisdiction;

  (f) a signed letter of waiver authorizing the division to:

  (i) obtain the fingerprints of the applicant;

  (ii) review past and present employment records;

  (iii) review education records; and

  (iv) conduct a criminal background check;

  (g) the fee for the criminal background check;

  (h) the name of the state-certified appraiser(s) with whom the trainee is affiliated;

  (i) the name and business address of any appraisal entity or government agency with which the trainee is affiliated; and

  (j) the nonrefundable application fee.

  (6) Affiliation with certified appraiser(s). Applicants shall affiliate with at least one supervising certified appraiser and evidence that affiliation by:

  (a) identifying each supervising certified appraiser on a form supplied by the division; and

  (b) obtaining each supervising certified appraiser's signature on the application.