DAR File No. 37950

Commerce, Real Estate

Section R162-2g-307d

Instructor Certification for Pre-licensing Education

Notice of Proposed Rule

(Amendment)

DAR File No.: 37950
Filed: 08/30/2013 12:18:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to ensure that instructors of pre-licensing education courses in the appraisal profession are appropriately qualified.

Summary of the rule or change:

In order to certify as a pre-licensing instructor, an individual is required to demonstrate current, active licensure or certification as applicable to the appraisal pre-licensing course proposed to be taught, as well as experience or education in the specific topic(s) addressed in the course.

State statutory or constitutional authorization for this rule:

• Subsection 61-2g-307(3)
• Subsection 61-2g-201(2)(h)

Anticipated cost or savings to:

the state budget:

The Division currently has the staff and budget necessary to review applications for instructor certifications. No impact to the state budget is anticipated from this rule filing.

local governments:

Local government is not required to enforce or comply with the appraiser licensing and certification administrative rules. No impact to local government is anticipated from this rule filing.

small businesses:

Small businesses that offer appraiser pre-licensing education will be required to hire licensed or certified appraisers to teach the courses being offered. Any associated costs will vary according to the terms of each instructor's employment.

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

Individuals who wish to teach appraiser pre-licensing courses will be required to demonstrate active, current licensure or certification as applicable to the course being taught. An individual who holds the required credential will have no associated costs. An individual who does not hold the required credential will incur the education and examination costs attendant to initial licensure.

Compliance costs for affected persons:

Affected education providers will be required to hire licensed or certified appraisers to teach appraiser pre-licensing courses. Affected instructors will be required to obtain or maintain current licensure or certification, as applicable to the course taught. Any associated costs will vary and cannot be estimated.

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

As stated in the rule analysis, any costs to businesses that hire licensed or certified appraisers to teach appraisal pre-licensing education classes will vary and cannot be estimated.

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
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Justin Barney at the above address, by phone at 801-530-6603, by FAX at , or by Internet E-mail at justinbarney@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:

10/15/2013

This rule may become effective on:

10/22/2013

Authorized by:

Jonathan Stewart, Director

R162. Commerce, Real Estate.

R162-2g. Real Estate Appraiser Licensing and Certification Administrative Rules.

R162-2g-307d. Instructor Certification for Pre-licensing Education.

(1) To certify as a pre-licensing education instructor, an individual shall:

(a) evidence that the applicant meets the character and competency requirements outlined in Subsection R162-2g-302(2)-(3);

(b) submit a completed application as provided by the division;

(c) demonstrate knowledge of the subject matter to be taught as evidenced by:

(i) current, active licensure or certification as applicable to the pre-licensing course proposed to be taught;

(ii) a minimum of five years active experience in appraising; and

[(ii)](iii)(A) college or other appropriate courses specific to the topic proposed to be taught; or

[(iii)](B) other experience[, education, or credentials] acceptable to the board in the topic proposed to be taught;

(d) if the individual proposes to teach a course in USPAP, evidence that the individual is an AQB-certified USPAP instructor; and

(e) pay a nonrefundable application fee.

(2) A pre-licensing instructor certification is valid for 24 months from the date of issuance.

(3) To renew a pre-licensing instructor certification, an individual shall:

(a) submit a completed application, as provided by the division;

(b) evidence having taught at least 20 hours of in-class instruction in certified course(s) during the preceding term of certification;

(c) evidence having attended a real estate instructor development workshop sponsored or approved by the division during the preceding two years; and

(d) pay a nonrefundable application fee.

(4)(a) To reinstate an expired pre-licensing instructor certification within 30 days following the expiration date, an individual shall:

(i) comply with this Subsection (3); and

(ii) pay a nonrefundable late fee.

(b) To reinstate an expired pre-licensing instructor certification after 30 days and within six months following the expiration date, an individual shall:

(i) comply with this Subsection (3);

(ii) pay a nonrefundable reinstatement fee; and

(iii) submit proof of having completed six classroom hours of education related to real estate appraisal or teaching techniques.

(c) After a pre-licensing instructor certification has been expired for six months, an individual is required to apply as an original applicant and obtain a new certification.

(5) A certified instructor shall comply with the reporting requirements of Section 61-2g-306(3).

 

KEY: real estate appraisals , licensing and certification, administrative procedures, trainee registration

Date of Enactment or Last Substantive Amendment: [August 21, ]2013

Authorizing, and Implemented or Interpreted Law: 61-2g-201(2)(h); 61-2g-307(3)