Commerce, Real Estate

Section R162-104-14

Special Circumstances

Notice of Proposed Rule

(Amendment)

DAR File No.: 34703
Filed: 04/14/2011 05:06:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to require re-evaluation and approval of the experience required for licensure or certification under a segmented application in specific circumstances.

Summary of the rule or change:

If an applicant's experience was approved under a segmented application, but the applicant did not pass the applicable licensing or certification examination by 12/31/2010, the applicant has until 12/31/2011 to complete any additional education that is required under new standards promulgated by the Appraiser Qualifications Board, pass the examination, and submit a completed application for licensure or certification. An applicant who is not able to meet this deadline must submit new appraisals for review by the experience review committee in addition to completing required education, passing the associated examination, and submitting a complete application.

State statutory or constitutional authorization for this rule:

• Subsection 61-2b-8(2)
• Subsection 61-2b-6(1)(l)

Anticipated cost or savings to:

the state budget:

This rule amendment does not create a new program or regulation for the division to administer or enforce. It simply establishes a deadline after which previously-approved experience will be considered too stale to qualify an individual for licensure or certification. As such, no impact to the state budget is anticipated.

local governments:

Local governments are required neither to comply with nor to enforce this rule amendment. Therefore, no fiscal impact to local government is anticipated.

small businesses:

This rule amendment applies to an individual seeking licensure or certification as an appraiser. Small businesses are not affected, and no fiscal impact to small businesses is anticipated.

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

There are 19 individuals who failed to pass their licensing or certification examinations after having their experience approved under a segmented application. These individuals will have to submit new appraisals for review if, by 12/31/2011, they are not able to meet the licensing or certification requirements that went into effect on 01/01/2011. This requirement will mean some additional effort from individuals who must submit new appraisals; however, no financial burden is anticipated.

Compliance costs for affected persons:

To comply, affected persons must submit new appraisals for review prior to sitting for a licensing or certification examination. Compliance will not pose any financial burden.

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

No fiscal impact to businesses is anticipated from this rule filing, which addresses the procedure for license applications in a transitional phase after changes in licensing requirements.

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:

05/31/2011

This rule may become effective on:

06/07/2011

Authorized by:

Deanna Sabey, Director

R162. Commerce, Real Estate.

R162-104. Experience Requirement.

R162-104-14. Special Circumstances.

104.14 Applicants having experience in categories other than those shown on the Appraisal Experience Hours Schedules and applicants who believe the Experience Hours Schedules do not adequately reflect their experience or the complexity or time spent on an appraisal may petition the Board on an individual basis for evaluation and approval of their experience as being substantially equivalent to that required for licensure or certification. Upon a finding that an applicant's experience is substantially equivalent to that required for licensure or certification, the Board may accept the alternate experience and award the applicant an appropriate number of hours for the alternate experience.

104.14.1 Fulltime elected county assessors and any person performing an appraisal for the purposes of establishing the fair market value of real estate for the assessment roll are not subject to the scope of authority limitations in Subsection R162-105.3.

104.14.2(a) If an applicant's education was approved prior to January 1, 2008, and his or her experience was approved prior to January 1, 2011 (under a system referred to by the division and industry as a segmented application), but the applicant did not pass the applicable examination required for licensure or certification by December 31, 2010, the applicant shall, by December 31, 2011:

(i) complete all additional education as required under the AQB standards;

(ii) pass the required examination applicable to the license or certification sought by the individual; and

(iii) submit a complete application to the division.

(b) An applicant who fails to comply with the December 31, 2011 deadline established in Subsection (a) shall:

(i) complete all additional education as required under the AQB standards;

(ii) pass the required examination applicable to the license or certification sought by the individual;

(iii) submit recent appraisals that meet the requirements of all applicable statutes and rules for review by the experience review committee; and

(iv) submit a complete application to the division according to deadlines established in Subsection R162-102.1.3.1.

 

KEY: real estate appraisals, experience requirement

Date of Enactment or Last Substantive Amendment: [January 27, 2010]2011

Notice of Continuation: February 15, 2007

Authorizing, and Implemented or Interpreted Law: 61-2b-1 through 61-2b-40