File No. 34947
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.: 34947
Filed: 06/16/2011 11:48:49 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The rule is repealed in its entirety.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The rule is repealed.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.
R162-107. Unprofessional Conduct.
R162-107-1. Unprofessional Conduct. 107.1 Unprofessional conduct includes the following
specific acts or omissions:
107.1.1 Violating or disregarding a disciplinary order of
the Utah Appraiser Licensing and Certification Board or the
107.1.2 Signing an appraisal report containing a
statement indicating that an appraiser has inspected a property
if the appraiser has not inspected the property;
107.1.3 Signing an appraisal report as the supervising
appraiser without having given adequate supervision to the
registered appraiser or the unclassified assistant;
107.1.4 Allowing an appraiser in his employ, or an
appraiser whom he is otherwise responsible to supervise,
(a) exceed the authority of the subordinate
(b) engage in conduct which is a violation of Title 61,
107.1.5 Allowing a non-appraiser to:
(a) exceed the authority granted to an unclassified
person by these rules;
(b) engage in conduct which would be a violation of Title
61, Chapter 2b if done by an appraiser; or
(c) accept an appraisal assignment.
107.1.6 Splitting appraisal fees with any person who is
not a State-Licensed Appraiser or a State-Certified Appraiser,
except that an appraisal trainee may be paid reasonable
compensation proportionate to lawful services actually performed
in connection with appraisals. Such payment must be paid to the
trainee by the trainee's supervisor or the supervisor's
appraisal firm and not by any other person or entity.
107.2 The Board may appoint members of the appraisal
industry to serve as a Technical Advisory Panel to provide advice
to the Division concerning technical appraisal issues and conduct
constituting unprofessional conduct.
KEY: real estate appraisals, conduct
Date of Enactment or Last Substantive Amendment: November
Notice of Continuation: July 16, 2007
Authorizing, and Implemented or Interpreted Law: 61-2b-8 ]
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/2011/b20110715.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.
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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.