61-2b-8 - Duties of board.
61-2b-8. Duties of board.
(1) (a) The board shall provide technical assistance to the division relating to real estateappraisal standards and real estate appraiser qualifications.
(b) The board has the powers and duties listed in this section.
(2) The board shall:
(a) determine the experience and education requirements appropriate for a personlicensed under this chapter;
(b) determine the experience and education requirements appropriate for a personcertified under this chapter:
(i) in compliance with the minimum requirements of Financial Institutions Reform,Recovery, and Enforcement Act of 1989; and
(ii) consistent with the intent of this chapter;
(c) determine the appraisal related acts that may be performed by:
(i) a trainee on the basis of the trainee's education and experience;
(ii) clerical staff; and
(iii) a person who:
(A) does not hold a license or certification; and
(B) assists an appraiser licensed or certified under this chapter in providing appraisalservices or consultation services;
(d) determine the procedures for a trainee to register and to renew a registration with thedivision; and
(e) develop one or more programs to upgrade and improve the experience, education, andexaminations as required under this chapter.
(3) (a) The experience and education requirements established by the board for a personlicensed or certified under this chapter shall be the minimum criteria established by the AppraisalQualification Board, unless, after notice and a public hearing held in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act, the board finds that the minimum criteria arenot appropriate for a state-licensed appraiser or a state-certified appraiser in this state.
(b) If under Subsection (3)(a) the board makes a finding that the minimum criteria arenot appropriate, the board shall recommend appropriate criteria to the Legislature.
(4) The board shall:
(a) determine the continuing education requirements appropriate for the renewal of alicense, certification, or registration issued under this chapter, except that the continuingeducation requirements established by the board shall at least meet the minimum criteriaestablished by the Appraisal Qualification Board;
(b) develop one or more programs to upgrade and improve continuing education; and
(c) recommend to the division one or more available continuing education courses thatmeet the requirements of this chapter.
(5) (a) The board shall consider the proper interpretation or explanation of the UniformStandards of Professional Appraisal Practice as required by Section 61-2b-27 when:
(i) an interpretation or explanation is necessary in the enforcement of this chapter; and
(ii) the Appraisal Standards Board of the Appraisal Foundation has not issued aninterpretation or explanation.
(b) If the conditions of Subsection (5)(a) are met, the board shall recommend to thedivision the appropriate interpretation or explanation that the division should adopt as a rule
under this chapter.
(c) The board may by rule made in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, and Section 61-2b-27 provide for an exemption from aprovision of the Uniform Standards of Professional Appraisal Practice for an activity engaged inon behalf of a governmental entity.
(6) (a) The board shall conduct an administrative hearing, not delegated by the board toan administrative law judge, in connection with a disciplinary proceeding under Sections61-2b-30 and 61-2b-31 concerning:
(i) a person required to be licensed, certified, or registered under this chapter; and
(ii) the person's failure to comply with this chapter and the Uniform Standards ofProfessional Appraisal Practice as adopted under Section 61-2b-27.
(b) The board shall issue in an administrative hearing a decision that contains findings offact and conclusions of law.
(c) When a determination is made that a person required to be licensed, certified, orregistered under this chapter has violated this chapter, the division shall implement disciplinaryaction determined by the board.
(7) A member of the board is immune from a civil action or criminal prosecution for adisciplinary proceeding concerning a person required to be registered, licensed, certified, orapproved as an expert under this chapter if the action is taken without malicious intent and in thereasonable belief that the action taken was taken pursuant to the powers and duties vested in amember of the board under this chapter.
(8) The board shall require and pass upon proof necessary to determine the honesty,competency, integrity, and truthfulness of an applicant for:
(a) original licensure, certification, or registration; and
(b) renewal licensure, certification, or registration.
Amended by Chapter 379, 2010 General Session