Current through Bulletin 2024-20, October 15, 2024
Section R162-2g-302 - Application for Trainee Registration(1) Registration required. (a) Except for an individual who successfully completes an AQB-approved Licensed Residential PAREA module, an individual who intends to obtain a license to practice as a state-licensed appraiser shall first register with the division as a trainee. An individual who successfully completes an AQB-approved Licensed Residential PAREA module need not register as a trainee before making application to sit for the state-licensed appraiser exam.(b) The division and the board shall not award or recognize experience hours toward licensure for any appraisal work that is performed by an individual during a period when the individual is not registered as a trainee.(2) Character. An individual registering with the division as a trainee shall evidence honesty, integrity, and truthfulness. (a) A trainee applicant shall be denied registration for: (i) a felony that resulted in:(A) a conviction occurring within five years of the date of application; or(B) a jail or prison release date falling within five years of the date of application; or(ii) a misdemeanor involving fraud, misrepresentation, theft, or dishonesty that resulted in: (A) a conviction occurring within three years of the date of application; or(B) a jail or prison release date falling within three years of the date of application.(b) A trainee applicant may be denied registration upon consideration of the following: (i) criminal convictions and pleas entered at any time before the date of application;(ii) the circumstances that led to any criminal convictions or pleas under consideration;(iii) past acts related to honesty, with particular consideration given to any such acts involving the appraisal business;(iv) dishonest conduct that would be grounds under Utah law for sanctioning an existing licensee;(v) civil judgments in lawsuits brought on grounds of fraud, misrepresentation, or deceit;(vi) court findings of fraudulent or deceitful activity in civil lawsuits;(vii) evidence of non-compliance with court orders or conditions of sentencing;(viii) evidence of non-compliance with terms of a probation agreement, plea in abeyance, or diversion agreement; and (ix) failure to pay taxes or child support obligations.(3) An individual registering with the division as a trainee shall evidence competency. In evaluating an applicant for competency, the division and board may consider any evidence, including the following:(a) civil judgments, with particular consideration given to any such judgments involving the appraisal business;(b) failure to satisfy a civil judgment that has not been discharged in bankruptcy;(c) the extent and quality of the applicant's training and education in appraisal;(d) the extent of the applicant's knowledge of the Utah Real Estate Appraiser Licensing and Certification Act;(e) evidence of disregard for licensing laws;(f) evidence of drug or alcohol dependency; and(g) the amount of time that has passed since any incident under consideration.(4) Pre-licensing education.(a) Within the five-year period preceding the date of application, an applicant shall successfully complete 81 hours:(i) approved by the AQB; and(ii)(A) certified by the division pursuant to Subsections R162-2g-307c(1) through (3); or(B) not required to be certified by the division pursuant to Subsection R162-2g-307c(6).(b) The 81 hours of required education shall include: (i) 30 hours of appraisal principles;(ii) 30 hours of appraisal procedures;(iii) the 15-hour National USPAP course, or its equivalent; and(iv) the six-hour Utah appraiser supervisor and trainee course.(c) The15-hour National USPAP Course or its equivalent may not be accepted by the division as qualifying education unless it is: (i) taught by an instructor who: (A) is a state-certified residential or state-certified general appraiser; and(B) has been certified by the AQB; or(ii) approved as a distance education course by the AQB and International Distance Education Certification Center.(d) A person who applies for trainee registration shall have successfully completed the division approved Supervisory Appraiser and Appraiser Trainee Course: (i) as taught by a division-approved instructor; and(ii) within the two-year period preceding the date of application.(e) An applicant shall evidence having passed the final examination in required pre-licensing courses.(5) An applicant shall submit the following to the division:(a) a completed application as provided by the division;(b) course completion certificates for the 75 hours of pre-licensing education;(c) a course completion certificate for the six-hour Utah appraiser supervisor and trainee course;(d)(i) two fingerprint cards in a form acceptable to the division; or(ii) evidence that the applicant's fingerprints have been successfully scanned at a testing center;(e) the court documents related to any past criminal proceeding;(f) complete documentation of any sanction taken against any license in any jurisdiction;(g) a signed letter of waiver authorizing the division to:(i) obtain the fingerprints of the applicant;(ii) review past and present employment records;(iii) review education records; and(iv) conduct a criminal background check;(h) the fee for the criminal background check;(i) the name of the state-certified appraisers with whom the trainee is affiliated;(j) the name and business address of any appraisal entity or government agency with which the trainee is affiliated; and(k) the nonrefundable application fee.(6) A trainee applicant shall affiliate with at least one supervising certified appraiser and evidence that affiliation by: (a) identifying each supervising certified appraiser on a form supplied by the division; and(b) obtaining each supervising certified appraiser's signature on the application.Utah Admin. Code R162-2g-302
Amended by Utah State Bulletin Number 2015-2, effective 1/1/2015Amended by Utah State Bulletin Number 2022-19, effective 9/14/2022