File No. 33148
This rule was published in the December 1, 2009, issue (Vol. 2009, No. 23) of the Utah State Bulletin.
Commerce, Real Estate
Notice of Proposed Rule
DAR File No.: 33148
Filed: 11/16/2009 10:38:31 AM
Purpose of the rule or reason for the change:
In H.B. 86 (2009), the Utah Legislature enacted a requirement that appraiser trainees must undergo a background check in order to register with the Division. The legislation also requires trainees to renew their registrations every two years. This rule implements these requirements. (DAR NOTE: H.B. 86 (2009) is found at Chapter 352, Laws of Utah 2009, and was effective 05/12/2009.)
Summary of the rule or change:
A trainee must undergo a background check and must meet character and competency standards in order to register with the Division. A trainee must also complete pre-registration education, submit application materials, and affiliate with a certified appraiser. The trainee must notify the Division upon changing a supervisory affiliation. Trainees who registered with the Division without undergoing a background check must re-register. Trainees must renew their registrations every two years.
State statutory or constitutional authorization for this rule:
- Subsection 61-2b-8(2)(d)
- Subsection 61-2b-6(4)
Anticipated cost or savings to:
the state budget:
The Division has been registering trainees for several years. The systems and resources for trainee registration are already in place. Similarly, the Division has been conducting background checks for applicants in real estate and mortgage for several years, and it is not anticipated that new resources will be required to conduct background checks for trainee applicants. Finally, it is anticipated that the Division has adequate staff and resources to process trainee renewal applications along with the renewals already being processed for state-licensed and state-certified appraisers.
Local governments are not involved in the registration of appraiser trainees.
If small businesses that employ trainees wish to bear the application and fingerprinting costs, they may do so. The current cost to fingerprint and register a trainee is $135.
persons other than small businesses, businesses, or local governmental entities:
It will cost a trainee $135 to fingerprint and register with the Division. Note that the trainee will also bear the costs of the pre-registration education, but that cost has been in place and is not a new cost as a result of this rule. The trainee will also be affected by the fees for renewal. The current fee for renewal of a trainee registration is set at $100.
Compliance costs for affected persons:
Affected persons must pay fees for fingerprinting, registration, and renewal as outlined.
Comments by the department head on the fiscal impact the rule may have on businesses:
As required by recent statutory amendments, this rule filing codifies the requirements for initial and renewal registration for appraiser trainees. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature in passing the statutory 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
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 firstname.lastname@example.org
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:
This rule may become effective on:
Deanna Sabey, Director
R162. Commerce, Real Estate.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2009/b20091201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Jennie Jonsson at the above address, by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at email@example.com.