Utah Admin. Code 162-2g-302

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 1/1/2015
Amended by Utah State Bulletin Number 2022-19, effective 9/14/2022