File No. 34946
This rule was published in the July 15, 2011, issue (Vol. 2011, No. 14) of the Utah State Bulletin.
Commerce, Real Estate
Notice of Proposed Rule
DAR File No.: 34946
Filed: 06/16/2011 11:48:11 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The rule is repealed in its entirety.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The rule is repealed.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 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.
R162-106. Professional Conduct.
R162-106-1. Uniform Standards. (1) Unless exempted in Subsection 2, all appraisers and
appraiser trainees must comply with the current edition of the
Uniform Standards of Professional Appraisal Practice (USPAP). All
persons licensed or certified under this chapter must also
observe the Advisory Opinions of USPAP.
(2) An individual is exempt from complying with all
provisions of USPAP when acting in an official capacity
(a) a Division staff member or employee;
(b) a member of the experience review committee as
appointed and approved by the Board;
(c) a member of the technical review panel as appointed
and approved by the Board;
(d) a hearing officer;
(e) a member of a county board of equalization;
(f) an administrative law judge;
(g) a member of the Utah State Tax Commission;
(h) a member of the Board.
R162-106-2. Use of Terms. 106.2. The terms "State-Certified Residential
Appraiser," "State-Certified General
Appraiser,"and State- Licensed Appraiser shall not be
abbreviated or reduced to a letter or group of letters. If these
terms are used on letterhead or in advertising, the
appraiser's certificate number or license number must follow
R162-106-3. Signatures and Use of Seal. 106.3.1. State-Licensed Appraisers. State- Licensed
appraisers may not place a seal on an appraisal report or use a
seal in any other manner likely to create the impression that the
appraiser is a state-certified appraiser.
220.127.116.11. Signature stamps. Appraisers may not affix
their signatures to appraisal reports by means of a signature
18.104.22.168. Appraisers may not affix their signatures to
blank or partially completed appraisal reports which will be
filled in later by anyone other than the appraiser who has signed
22.214.171.124. If it is necessary for an appraiser to
delegate authority to another individual to sign the
appraiser's signature on an appraisal report, the other
individual may sign the report for the appraiser only if: a) the
report explicitly discloses that the other individual has been
authorized to sign the report for the appraiser; b) the
permission must have been granted in writing and limited to a
specific property address; c) a copy of the written permission to
sign must be attached to the report; and d) the appraiser who
signs the other's signature must write the word
"by" followed by his own name after the other's
126.96.36.199. Digital signatures. A digital signature may be
used in place of a handwritten signature only if: a) the software
program which generates the digital signature has a security
feature; and b) the appraiser ensures that his signature is
protected and that no one other than the appraiser has control of
R162-106-4. Testimony by an Appraiser. 106.4. Testimony. An appraiser who testifies as to an
appraisal opinion in a deposition or an affidavit, or before any
court, public body, or hearing officer, shall prepare a written
appraisal report or a file memorandum prior to giving such
106.4.1. File memoranda. For the purpose of this rule, a
file memorandum shall include work sheets, data sheets, the
reasoning and conclusions upon which the testimony is based, and
other sufficient information to demonstrate substantial
compliance with USPAP Standards Rule 2-2, or in the case of mass
appraisal, Standards Rule 6-7.
R162-106-5. Failure to Respond to Notice. 106.5.
(a) When the Division notifies an appraiser or registered
expert witness of a complaint, or when the Division notifies an
appraiser or registered expert witness that information is needed
from the individual, the notified individual must respond to the
notice in the manner specified in the notice within ten business
days of receipt of the notice from the Division. Failure to
respond within the required time period to a notice or any
written request for information from the Division shall be
considered a violation of these rules and separate grounds for
disciplinary action against the appraiser or registered expert
(b) If a deadline for response under Subsection (a) falls
on a day when the Division is closed, the deadline shall be
extended to the next business day.
R162-106-6. Recordkeeping Requirements. 106.6. The true copy of an appraisal report which an
appraiser is required by Section 61-2b-34(1) to retain shall be a
photocopy or other exact copy of the report as it was provided to
the client, including the appraiser's signature.
R162-106-7. Sales and Listing History. In order to comply with Standard 1 of the Uniform
Standards of Professional Appraisal Practice (USPAP), appraisers
who are licensed or certified under this chapter shall analyze
and report the sales and listing history of the subject property
for the three years preceding the appraisal if such information
is available to the appraiser from a multiple listing service,
listing agent(s), or the property owner.
R162-106-8. Draft Reports. For the purpose of this rule, a "draft report"
is defined as an appraisal report that is a work in progress and
that has not yet been finished by the Appraiser.
106.8.1. One to Four Unit Residential Real Property. An
appraiser may not release a draft report to a client in the
appraisal of one to four unit residential real property.
106.8.2. An appraiser may release a draft report to a
client in the appraisal of other than one to four unit
residential real property if: a) the first page of the report
prominently identifies the report as a draft; b) the draft report
has been signed by the appraiser; and c) the appraiser complies
with USPAP in the preparation of the draft report.
R162-106-9. Inspections. All appraisal reports shall include a statement
indicating whether or not the subject property was inspected as
part of the appraisal process, and if any inspections were done,
the following information concerning the inspections shall also
(a) the names of all appraisers and appraisal trainees
who participated in each property inspection;
(b) whether each inspection was an exterior inspection
only or both an exterior and an interior inspection; and
(c) the date that each inspection was performed.
KEY: real estate appraisals, conduct
Date of Enactment or Last Substantive Amendment: October 9,
Notice of Continuation: February 15, 2007
Authorizing, and Implemented or Interpreted Law: 61-2b-29;
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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.