File No. 34941
This rule was published in the July 15, 2011, issue (Vol. 2011, No. 14) of the Utah State Bulletin.
Commerce, Real Estate
Authority and Definitions
Notice of Proposed Rule
DAR File No.: 34941
Filed: 06/16/2011 11:44:17 AM
Purpose of the rule or reason for the change:
The substantive provisions are incorporated into a new rule, R162-2g. (DAR NOTE: The proposed new rule, R162-2g, was published in the July 1, 2011, issue of the Utah State Bulletin under DAR No. 34917.)
Summary of the rule or change:
The rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 61-2g-201(2)(h)
Anticipated cost or savings to:
the state budget:
The substantive provisions of this rule are incorporated into a new rule, R162-2g. No changes are proposed that are anticipated to have a fiscal impact to the state.
Local government is not subject to the appraiser administrative rules. No fiscal impact to local government is anticipated.
The substantive provisions of this rule are incorporated into a new rule, R162-2g. No changes are proposed that are anticipated to have a fiscal impact on small businesses.
persons other than small businesses, businesses, or local governmental entities:
The substantive provisions of this rule are incorporated into a new rule, R162-2g. No changes are proposed that are anticipated to have a fiscal impact on affected persons.
Compliance costs for affected persons:
The rule is repealed. No compliance is required.
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 repeal as a substitute new rule containing the substance of these provisions is also proposed by the Division.
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 email@example.com
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.
R162-101. Authority and Definitions.
R162-101-1. Authority. 101.1 The following administrative rules, applicable to
the Division of Real Estate, Department of Commerce, have been
established under the authority granted by Section
101.2 The authority to establish and collect fees is
granted by Section 61-2b-37.
101.3 The authority to exempt specific persons from
complying with USPAP standards is granted by Section
61-2b-8(5)(c) within certain limitations as imposed by Section
R162-101-2. Definitions. 101.2.1 "Affiliation" means an ongoing business
(i) two individuals registered, licensed, or certified
under Section 61-2b; or
(ii) an individual registered, licensed, or certified
under Section 61-2b and:
(A) an appraisal entity; or
(B) a government agency;
(b) for the purpose of providing an appraisal service;
(c) regardless of whether an employment relationship
exists between the parties.
101.2.2 The acronym "AQB" stands for the
Appraiser Qualifications Board of The Appraisal
101.2.3 "Board" means the Utah Real Estate
Appraiser Licensing and Certification Board.
101.2.4 "Business day" means a day other
(a) a Saturday;
(b) a Sunday; or
(c) a federal or state holiday.
101.2.5 "Classification" means the type of
license or certification held by an appraiser.
101.2.6 "Day" means calendar day unless
specified as "business day."
101.2.7 "Division" means the Division of Real
Estate of the Department of Commerce.
101.2.8 "Entity" means:
(a) a corporation;
(b) a partnership;
(c) a sole proprietorship;
(d) a limited liability company;
(e) another business entity; or
(f) a subsidiary or unit of an entity described in
Subsections (a) through (e).
101.2.9 "Person" means an individual or an
101.2.10 "Reinstatement" means renewing a
license or certification for an additional period after its
expiration date has passed but prior to 12 months after the
101.2.11 "Renewal" means extending a license or
certification for an additional period upon its
101.2.12 "Trainee" means a person who is
working under the direct supervision of a State-certified
residential appraiser or a State-certified general appraiser to
earn hours for licensure, and who meets the requirements of
101.2.13 The acronym "USPAP" stands for The
Uniform Standards of Professional Appraisal Practice published by
The Appraisal Foundation.
KEY: real estate appraisals, definitions
Date of Enactment or Last Substantive Amendment: October 9,
Notice of Continuation: April 18, 2007
Authorizing, and Implemented or Interpreted Law: 61-2b-20 to
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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 firstname.lastname@example.org.