File No. 34948
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.: 34948
Filed: 06/16/2011 11:49:23 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The rule is repealed in its entirety.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The rule is repealed.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.
R162-109. Administrative Proceedings.
R162-109-1. Formal Adjudicative Proceedings. 109.1. Any proceedings conducted subsequent to the
issuance of a cease and desist order or other emergency order
shall be conducted as formal adjudicative proceedings.
R162-109-2. Informal Adjudicative Proceedings. 109.2.1 Proceedings in which the Division seeks
disciplinary action pursuant to U.C.A. Section 61-2b-29 against a
licensed or certified appraiser shall be conducted as informal
109.2.2 Proceedings on original applications for
licensure or certification, or renewal applications for licensure
or certification, as an appraiser, or for certification of
appraisal courses, schools, or instructors, and all proceedings
on applications for a temporary permit or registration as an
expert witness, shall be conducted as informal adjudicative
109.2.3. All adjudicative proceedings as to any other
matters not specifically designated as formal adjudicative
proceedings shall be conducted as informal adjudicative
109.2.4. A hearing will be held in an informal
adjudicative proceeding only if required or permitted by the
Appraiser Licensing and Certification Act or these
109.2.5. Application forms which shall be filled out and
submitted to the Division for registration as an expert witness,
licensure or certification as an appraiser, or for certification
of courses, schools, or instructors, and all applications for a
temporary permit shall be deemed a request for agency action
pursuant to the Utah Administrative Procedures Act, Section
63G-4-102 et seq.
22.214.171.124. Upon receipt of an application, the Division
(a) issue and mail a license, certification, temporary
permit, or registration as an expert witness, which shall be
deemed notification that the application is granted;
(b) notify the applicant that the application is
incomplete and that further information is needed;
(c) notify the applicant that a hearing shall be
scheduled before the Utah Appraiser Licensing and Certification
Board for the purpose of determining the applicant's fitness
for appraiser licensure or certification, or issuance to the
applicant of a temporary permit; or
(d) notify the applicant that the application is denied,
and, if the proceeding is one in which a hearing is permitted,
that he may request a hearing to challenge the denial.
109.2.6. Other Requests for Agency Action
126.96.36.199. Other requests for agency action shall be in
writing and signed by the requestor, and shall contain the
(a) the names and addresses of all persons to whom a copy
of the request for agency action is being sent;
(b) the agency's file number or other reference
number, if known;
(c) the date of mailing of the request for agency
(d) a statement of the legal authority and jurisdiction
under which the agency action is requested, if known;
(e) a statement of the relief or action sought from the
(f) a statement of the facts and reasons forming the
basis for relief or agency action.
188.8.131.52. Upon receipt of a request for agency action
other than an application for registration, licensure or
certification, the Division shall:
(a) notify the requestor in writing that the request is
(b) notify the requestor that the request is incomplete
and that further information is needed before the Division is
able to make a determination on the request;
(c) notify the requestor that the Division does not have
the legal authority or jurisdiction to grant the relief requested
or the action sought; or
(d) notify the requestor that the request is denied, and,
if the proceeding is one in which a hearing is permitted, that he
may request a hearing to challenge the denial.
184.108.40.206. A complaint against an appraiser or the holder
of a temporary permit requesting that the Division commence an
investigation or a disciplinary action is not a request for
R162-109-3. Hearings Not Required. 109.3. A hearing is not required and will not be held in
the following informal adjudicative proceedings:
109.3.1. The issuance, renewal or reinstatement of an
appraiser license or certification;
109.3.2. The issuance or renewal of an appraisal course,
school, or instructor certification;
109.3.3. The issuance of any interpretation of statute,
rule or order, or the issuance of any written opinion or
declaratory order determining the applicability of a statute,
rule or order, when enforcement or implementation of the statute,
rule or order lies within the jurisdiction of the Division;
109.3.4. The denial of renewal or reinstatement of an
appraiser license or certification for failure to complete any
continuing education required by Section 61-2b-40.
R162-109-4. Hearings Permitted. 109.4.1. In the following informal adjudicative
proceedings, a hearing will be held only if requested in writing
by a party within 20 days from the date a notice of agency action
or the Division's response to a request for agency action is
220.127.116.11. The denial of an application for certification
as an instructor on the grounds that his attestation to
upstanding moral character is false;
18.104.22.168. The denial of an application for an initial
appraiser license or certification due to insufficient education
or experience, as determined by the appropriate review committee
appointed by the Appraiser Licensing and Certification Board;
22.214.171.124 The denial of an application for a temporary
109.4.2. A request by a party for a hearing shall include
the grounds upon which relief is requested.
109.4.3. Hearings permitted by this rule will be before
the Utah Appraiser Licensing and Certification Board.
R162-109-5. Hearings Required. 109.5.1 Hearings will be held in all proceedings in which
the Division seeks to deny an application for original or renewed
licensure or certification for failure of the applicant to meet
the criteria of good moral character, honesty, integrity or
109.5.2 Hearings will be held in all proceedings
conducted subsequent to the issuance of a cease and desist order
or other emergency order.
109.5.3 Hearings will be held in all proceedings in which
the Division seeks disciplinary action pursuant to U.C.A. Section
61-2b-29 against a licensed or certified appraiser.
R162-109-6. Procedures for Hearings in Informal Adjudicative
Proceedings. 109.6.1 The procedures to be followed in all informal
adjudicative proceedings shall be as set forth in Title 63G,
Chapter 4, Utah Administrative Procedures Act, the Department of
Commerce Administrative Procedures Act Rules, Utah Administrative
Code Section R151-46b, and in this Section R162-109-6.
109.6.2 Notice of Agency Action and Petition. The
Division shall commence a proceeding for disciplinary action
pursuant to U.C.A. Section 61-2b-29 by the filing and service of
a Notice of Agency Action and a Petition setting forth the
allegations made by the Division.
109.6.3 Answer. The presiding officer may, upon a
determination of good cause, require a person against whom a
disciplinary proceeding has been initiated pursuant to U.C.A.
Section 61-2b-29 to file an Answer to the Petition by ordering in
the Notice of Agency Action that the respondent shall file an
Answer with the Division. All Answers are required to be filed
with the Division within thirty days of the mailing date of the
Notice of Agency Action and Petition.
109.6.4 Assistance of Administrative Law Judge. In any
proceeding under this subsection, the Board may delegate the
hearing to an Administrative Law Judge or may request that an
Administrative Law Judge assist the Board in conducting the
109.6.5 Notice of hearing. Upon the scheduling of a
hearing by the Division or upon receipt of a timely request for a
hearing where hearings are permitted, the Division shall mail
written notice of the date, time, and place scheduled for the
hearing at least ten days prior to the hearing.
109.6.6 Discovery is prohibited, but the Division may
issue subpoenas or other orders to compel production of necessary
evidence. All parties shall have access to the Division's
files and to all materials and information gathered in any
investigation to the extent permitted by law.
109.6.7 Intervention is prohibited.
109.6.8 Hearings shall be open to all parties, except
that a hearing on an applicant's fitness for licensure or
certification may be conducted in a closed session which is not
open to the public if the presiding officer closes the hearing
pursuant to Title 63G, Chapter 4, Utah Administrative Procedures
Act or Title 52, Chapter 4, the Open and Public Meetings Act. The
parties named in the Notice of Agency Action or the Request for
Agency Action may be represented by counsel and shall have the
opportunity to testify, present witnesses and other evidence, and
comment on the issues.
109.6.9 Within a reasonable time after the hearing, the
presiding officer shall cause to be issued and mailed to the
parties a signed order in writing based on the facts appearing in
the agency's files and on the facts presented in evidence at
the hearing. The order shall state the decision and the reasons
for the decision, and a notice of the right of administrative
review and judicial review available to the parties including
applicable time limits.
109.6.10 The Division may, but shall not be required to,
record the hearing. If a record has been made, any party, at his
own expense, may have a reporter approved by the Division prepare
a transcript from the Division's record of the
KEY: real estate appraisals
Date of Enactment or Last Substantive Amendment: July 27,
Notice of Continuation: April 18, 2007
Authorizing, and Implemented or Interpreted Law:
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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.