61-2b-6 - Duties and powers of division.
61-2b-6. Duties and powers of division.
(1) The division has the powers and duties listed in this Subsection (1).
(a) The division shall:
(i) receive an application for licensing, certification, or registration;
(ii) establish appropriate administrative procedures for the processing of an applicationfor licensure, certification, or registration;
(iii) issue a license or certification to a qualified applicant pursuant to this chapter; and
(iv) register an individual who applies and qualifies for registration as a trainee under thischapter.
(b) (i) The division shall require an individual to register with the division as a traineebefore the individual acts in the capacity of a trainee earning experience for licensure.
(ii) Subject to Subsection (4), the board shall adopt rules in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act, for:
(A) the trainee registration required by this Subsection (1)(b); and
(B) renewal of the trainee registration required by this Subsection (1)(b).
(c) The division shall hold public hearings under the direction of the board.
(d) The division may:
(i) solicit bids and enter into contracts with one or more educational testing services ororganizations for the preparation of a bank of questions and answers; and
(ii) administer or contract for the administration of licensing and certificationexaminations as may be required to carry out the division's responsibilities under this chapter.
(e) The division shall provide administrative assistance to the board by providing to theboard the facilities, equipment, supplies, and personnel that are required to enable the board tocarry out the board's responsibilities under this chapter.
(f) The division shall assist the board in improving the quality of the continuingeducation available to a person licensed, certified, or registered under this chapter.
(g) The division shall assist the board with respect to the proper interpretation orexplanation of the Uniform Standards of Professional Appraisal Practice as required by Section61-2b-27 when an interpretation or explanation becomes necessary in the enforcement of thischapter.
(h) The division shall establish fees in accordance with Section 63J-1-504:
(i) for processing:
(A) an application for licensing, certification, or registration; and
(B) approval of an expert witness; and
(ii) for any other function required or permitted by this chapter.
(i) If a person pays a fee or costs to the division with a negotiable instrument and thenegotiable instrument is not honored for payment:
(i) the transaction for which the payment is submitted is voidable by the division;
(ii) the division may reverse the transaction if payment of the applicable fee or costs isnot received in full; and
(iii) the person's license, certification, or registration is automatically suspended:
(A) beginning the day on which the payment is due; and
(B) ending the day on which payment is made in full.
(j) The division may:
(i) investigate a complaint against:
(A) a person licensed, certified, or registered under this chapter; or
(B) a person required to be licensed, certified, or registered under this chapter;
(ii) subpoena a witness;
(iii) subpoena the production of a book, paper, document, record, contract, or evidence;
(iv) administer an oath; and
(v) take testimony and receive evidence concerning a matter within the division'sjurisdiction.
(k) The division may:
(i) promote research and conduct studies relating to the profession of real estateappraising; and
(ii) sponsor real estate appraisal educational activities.
(l) The division shall adopt, with the concurrence of the board, rules for theadministration of this chapter pursuant to Title 63G, Chapter 3, Utah Administrative RulemakingAct, that are not inconsistent with this chapter or the constitution and laws of this state or of theUnited States.
(m) The division shall employ an appropriate staff to investigate allegations that a personrequired to be licensed, certified, or registered under this chapter fails to comply with thischapter.
(n) The division may employ other professional, clerical, and technical staff as may benecessary to properly administer the work of the division under this chapter.
(o) (i) Upon request, the division shall make available, either directly or through a thirdparty, a list of the names and addresses of the persons licensed, registered, or certified by thedivision under this chapter.
(ii) A person who requests a list under this Subsection (1)(o) shall pay the costs incurredby the division to make the list available.
(2) (a) The division shall approve an expert witness who is not otherwise licensed orcertified under this chapter to appear in an administrative or judicial tax proceeding to provideevidence related to the valuation of real property that is assessed by the State Tax Commission, ifthe:
(i) approval is limited to a specific proceeding;
(ii) approval is valid until the proceeding becomes final;
(iii) applicant pays to the division an approval fee set by the division in accordance withSection 63J-1-504;
(iv) applicant provides the applicant's name, address, occupation, and professionalcredentials; and
(v) applicant provides a notarized statement that:
(A) the applicant is competent to render an appraisal and to testify as an expert witness inthe proceeding; and
(B) the appraisal and testimony to be offered shall be in accordance with the UniformStandards of Professional Appraisal Practice adopted by the board.
(b) Subsection (2)(a) applies to an administrative or judicial property tax proceedingrelated to the valuation of real property that is assessed by the State Tax Commission.
(3) (a) If the conditions of Subsection (3)(b) are met, the division is immune from anycivil action or criminal prosecution for initiating or assisting in a lawful investigation of an actof, or participating in a disciplinary proceeding concerning:
(i) a person required to be licensed, certified, or registered pursuant to this chapter; or
(ii) a person approved as an expert witness pursuant to this chapter.
(b) This Subsection (3) applies if the division takes the action:
(i) without malicious intent; and
(ii) in the reasonable belief that the action is taken pursuant to the powers and dutiesvested in the division under this chapter.
(4) (a) An individual applying to register as a trainee under this chapter shall:
(i) submit a fingerprint card in a form acceptable to the division at the time of applyingfor registration; and
(ii) consent to a criminal background check by:
(A) the Utah Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(b) The division shall request the Department of Public Safety to complete a FederalBureau of Investigation criminal background check for an applicant through a national criminalhistory system.
(c) The applicant shall pay the cost of:
(i) the fingerprinting required by this section; and
(ii) the criminal background check required by this section.
(d) (i) A registration as a trainee under this chapter is conditional pending completion ofthe criminal background check required by this Subsection (4).
(ii) A registration is immediately and automatically revoked if a criminal backgroundcheck discloses that the applicant fails to accurately disclose a criminal history involving:
(A) the appraisal industry;
(B) fraud;
(C) misrepresentation; or
(D) deceit.
(iii) If a criminal background check discloses that an applicant fails to accurately disclosea criminal history other than one described in Subsection (4)(d)(ii), the division:
(A) shall review the application; and
(B) in accordance with rules made by the division pursuant to Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, may:
(I) place one or more conditions on a registration;
(II) place one or more restrictions on a registration;
(III) revoke a registration; or
(IV) refer the application to the board for a decision.
(iv) An individual whose conditional registration is automatically revoked underSubsection (4)(d)(ii) or whose registration is conditioned, restricted, or revoked under Subsection(4)(d)(iii) may appeal the action in a hearing conducted by the board:
(A) after the action is taken; and
(B) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(v) The board may delegate to the division or an administrative law judge the authority toconduct a hearing described in Subsection (4)(d)(iv).
(vi) Relief from an automatic revocation under Subsection (4)(d)(ii) may be granted onlyif:
(A) the criminal history upon which the division bases the revocation:
(I) did not occur; or
(II) is the criminal history of another person;
(B) (I) the revocation is based on a failure to accurately disclose a criminal history; and
(II) the applicant has a reasonable good faith belief at the time of application that therewas no criminal history to be disclosed; or
(C) the division fails to follow the prescribed procedure for the revocation.
(e) If a registration is revoked or a revocation is upheld after a hearing described inSubsection (4)(d)(iv), the individual may not apply for a new registration for a period of 12months after the day on which the registration is revoked.
(f) The board may delegate to the division the authority to make a decision on whetherrelief from a revocation should be granted.
(g) Money paid by an applicant for the cost of the criminal background check isnonlapsing.
Amended by Chapter 379, 2010 General Session