Section R162-2g-502b - Unprofessional Conduct(1) An individual registered, licensed, or certified by the division may not: (a) release to a client a draft report of a one- to four-unit residential real property;(b) release to a client a draft report of a property other than a one- to four-unit residential real property unless: (i) the first page of the report prominently identifies the report as a draft;(ii) the draft report is signed by the appraiser; and(iii) the appraiser complies with USPAP in the preparation of the draft report;(c) affix a signature to an appraisal report using a signature stamp; or(d) sign a blank or partially completed appraisal report that will be completed by anyone other than the appraiser who has signed the report;(e) sign an appraisal report containing a statement indicating that an appraiser has inspected a property if the appraiser has not inspected the property; or(f) split appraisal fees with any person who is not a state-licensed or state-certified appraiser, except that a supervising appraiser may pay a trainee reasonable compensation proportionate to the lawful services actually performed by the trainee in connection with appraisals.(2) A trainee may not: (a) solicit a client to address an engagement letter directly to the trainee; or(b) accept payment for appraisal services from anyone other than:(i) the trainee's supervisor; or(ii) an appraisal or government entity with which the trainee is affiliated.(3) A supervising appraiser may not:(a) sign a report that is completed in response to an engagement letter that is addressed to a trainee;(b) sign an appraisal report as the supervising appraiser without having given adequate supervision to the trainee, appraiser, or assistant being supervised.(4) A state-licensed appraiser may not place a seal on an appraisal report or use a seal in any other manner likely to create the impression that the appraiser is a state-certified appraiser.(5) A school may not: (a) in advertising and marketing: (i) make a misrepresentation about any course of instruction;(ii) make statements or implications that disparage the dignity and integrity of the appraisal profession;(iii) disparage a competitor's services or methods of operation;(iv) as to a continuing education course, use language that indicates division approval is pending or otherwise forthcoming;(b) attempt by any means to obtain or use the questions on the state licensure or certification exam unless those questions have been dropped from the current exam bank;(c) accept payment from a student without first providing to that student the information outlined in Subsection R162-2g-307b(2)(c);(d) continue to operate after the expiration date of the school certification without renewing;(e) continue to offer a course after its expiration date without renewing;(f) allow an instructor whose instructor certification has expired to continue teaching;(g) allow an individual student to earn more than eight credit hours of education in a single day;(h) award credit to a student who has not complied with the minimum attendance requirements;(i) allow a student to obtain credit for all or part of a course by taking an examination in lieu of attending the course;(j) give valuable consideration to a person licensed with or certified by the division under the Real Estate Appraiser Licensing and Certification Act for referring students to the school;(k) accept valuable consideration from a person licensed with or certified by the division under the Real Estate Appraiser Licensing and Certification Act for referring students to a licensed or certified appraiser; or(l) require a student to attend any program organized for solicitation.(6) A continuing education provider may not: (a) in advertising and marketing: (i) make a misrepresentation about any course of instruction;(ii) make statements or implications that disparage the dignity and integrity of the appraisal profession; or(iii) as to a continuing education course, use language that indicates division approval is pending or otherwise forthcoming;(b) continue to offer a course after its expiration date without renewing;(c) allow an instructor whose instructor certification has expired to continue teaching;(d) allow an individual student to earn more than eight credit hours of education in a single day;(e) award credit to a student who has not complied with the minimum attendance requirements; or(f) allow a student to obtain credit for all or part of a course by taking an examination in lieu of attending the course.(7) An instructor may not:(a) continue to teach any course after the course has expired and without renewing the course certification; or(b) continue to teach any course after the individual's certification has expired and without renewing the instructor certification.Utah Admin. Code R162-2g-502b
Amended by Utah State Bulletin Number 2015-2, effective 1/1/2015Amended by Utah State Bulletin Number 2022-19, effective 9/14/2022