61-2b-22 - Licensing, certification, registration, or expert witness requirements for nonresidents -- Temporary license or certificate -- Revocation.
61-2b-22. Licensing, certification, registration, or expert witness requirements fornonresidents -- Temporary license or certificate -- Revocation.
(1) An applicant for one of the following who is not a resident of this state shall submitwith the applicant's application an irrevocable consent that service of process upon the applicantmay be made by delivery of the process to the director of the division if, in an action against theapplicant in a court of this state arising out of the applicant's activities governed by this chapter inthis state, the plaintiff cannot, in the exercise of due diligence, obtain personal service upon theapplicant:
(a) approval as an expert witness; or
(b) licensure, certification, or registration under this chapter.
(2) A nonresident of this state who complies with Subsection (1) may obtain approval asan expert witness, a license, a certification, or a registration in this state by complying with theprovisions of this chapter relating to approval as an expert witness, licensure, certification, orregistration.
(3) A nonresident of this state who complies with Subsection (1) may obtain a temporarypermit for a license or certification to perform a contract relating to the appraisal of real estate orreal property in this state. To qualify for the issuance of a temporary permit for a license orcertification, an applicant must:
(a) submit an application on a form approved by the division;
(b) submit evidence that the applicant is licensed or certified in the state in which theapplicant primarily conducts business;
(c) certify that no formal charges alleging violation of state appraisal licensing orcertification laws have been filed against the applicant by the applicant's state of domicile; and
(d) pay an application fee in an amount established by the division with the concurrenceof the board.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision, with the concurrence of the board, shall make rules establishing:
(a) the duration of a temporary permit; and
(b) procedures for renewal of a temporary permit.
(5) A temporary permit issued under this section shall be immediately and automaticallyrevoked if the appraiser's license or certification is suspended or revoked in the appraiser's stateof domicile.
(6) A person whose temporary permit for a license or certification is revoked underSubsection (5) is entitled to a postrevocation hearing to challenge the revocation. The hearingshall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
Amended by Chapter 387, 2008 General Session