Commerce, Real Estate

Rule R162-110

Trainee Registration

Notice of Proposed Rule

(Amendment)

DAR File No.: 33909
Filed: 08/10/2010 02:51:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is proposed so that the division will have more accurate information about where trainees are working. This information will help facilitate investigations when the division receives complaints.

Summary of the rule or change:

The amendments require a trainee to inform the division at the time of application of the state-certified appraiser(s) and any appraisal entity or government agency with which the trainee is affiliated. In addition, trainees are required to submit a change form to the division whenever they change an affiliation.

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:

These amendments will require the state to process change forms. This task is already being performed in the real estate and mortgage industries, and the division has adequate staff to perform it in the appraisal industry, which is the smallest of the three. In addition, an individual who submits a change form will pay a nominal fee, which will offset any other costs to the state and, potentially, increase state revenues (minimally). In the aggregate, no meaningful impact to the state budget is anticipated.

local governments:

Local governments are not required to comply with or enforce this rule. No fiscal impact to local governments is anticipated.

small businesses:

Small businesses are not required to comply with this rule. No fiscal impact to small businesses is anticipated.

persons other than small businesses, businesses, or local governmental entities:

Trainees and appraisers who submit a change form will be required to pay a $15 change fee. This is the same fee currently being charged to real estate and mortgage licensees who submit a change form. It is the division's position that this cost to individuals is minimal and is justified by the benefit generated.

Compliance costs for affected persons:

There will be a cost of $15 per change form.

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

This rule filing adopts a requirement for appraiser trainees to disclose the name of appraisers with whom the trainee is affiliated and any affiliations with an appraisal entity or government agency. It also requires trainees to submit a status change form when terminating an affiliation with an appraiser, an appraisal entity, or government agency. Any status change form requires a $15 fee; it is expected that the benefits of this requirement will outweigh the minimal cost to individuals.

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
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 jjonsson@utah.gov

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:

10/01/2010

This rule may become effective on:

10/08/2010

Authorized by:

Deanna Sabey, Director

R162. Commerce, Real Estate.

R162-110. Trainee Registration.

R162-110-1. Trainee Registration.

(1) Registration Required.

(a) An individual who intends to obtain a license to practice as a state-licensed appraiser must 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 validly and currently 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) Any 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.

(ii) Any 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 business of appraising;

(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 Commission 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 appraising;

(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-registration Education. Within the five-year period preceding the date of application, an applicant must successfully complete 75 classroom hours of AQB-approved education as follows:

(a) 30 hours of appraisal principles;

(b) 30 hours of appraisal procedures; and

(c) the 15-hour Uniform Standards of Professional Appraisal Practice (USPAP) course.

(5) Examination. An applicant must pass the final examination in all pre-registration courses.

(6) 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-registration education;

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

(ii) evidence that the applicant's fingerprints have been 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 obtain the fingerprints of the applicant, review past and present employment records, review education records, and conduct a criminal background check;

(g) the fee for the criminal background check; [and]

(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

[(h)](j) the application fee.

(7) Affiliation with a Certified Appraiser. 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.

(8) Notification Requirements. A registered trainee must [notify]complete a change card and submit it to the Division within 10 [working]business days whenever the trainee :

(a) affiliates with a new supervising certified appraiser; [or]

(b) terminates an affiliation with a supervising certified appraiser[.]; or

(c) changes affiliation with an appraisal entity or government agency.

(9) Re-registration of Existing Trainees.

(a) Any trainee who registered with the Division without undergoing a background check shall re-register with the Division according to the following schedule:

(i) a trainee who registered prior to January 1, 2008 must re-register by January 1, 2011;

(ii) a trainee who registered during the 2008 calendar year must re-register in 2011 by the anniversary of the trainee's registration date;

(iii) a trainee who registered on or after January 1, 2009 must re-register on the two-year anniversary of the registration date.

(b) To re-register, a trainee shall submit the following to the Division:

(i) a completed application as provided by the Division;

(ii)(A) two fingerprint cards in a form acceptable to the Division; or

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

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

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

(v) a signed letter of waiver authorizing the Division to obtain the fingerprints of the applicant, review past and present employment records, review education records, and conduct a criminal background check;

(vi) the fee for the criminal background check;

(vii) evidence of having completed the 28 hours of continuing education or AQB qualifying education required for renewal under Subsection 162-102-3;[ and]

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

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

[(viii)](x) the application fee.

(d) A Division hearing officer shall review the application of any trainee re-registering under Subsection (9) who fails to meet the character and competency requirements of Subsections (2) and (3). The hearing officer may :

(i) approve the application with the concurrence of the Board;

(ii) approve the application subject to probation or restriction; or

(iii) refer the application to the Board for decision.

(10) Registration Renewal.

(a) A trainee registration is valid for two years and must be renewed according to Subsection R162-102-3 before the expiration date printed on the registration certificate.

(b) If the renewal fee and required documentation are not received by the expiration date, the registration shall expire. It shall be grounds for disciplinary sanction if, after the registration has expired, the trainee continues to perform work for which the trainee is required to be registered.

(c) An expired registration may be renewed or reinstated according to the same rules that govern the renewal and reinstatement of appraiser licenses and certifications, as outlined in Subsections R162-102.3.2 through R162-102.3.4.

 

KEY: real estate appraisals, trainees, registration

Date of Enactment or Last Substantive Amendment: [January 7], 2010

Authorizing, and Implemented or Interpreted Law: 61-2b-6(4); 61-2b-8(2)(d)