2006 Utah Code - 61-2b-6 — Duties and powers of division.

     61-2b-6.   Duties and powers of division.
     (1) The division shall have the powers and duties listed in this Subsection (1).
     (a) The division shall:
     (i) receive applications for licensing and certification;
     (ii) establish appropriate administrative procedures for the processing of applications for licensure or certification;
     (iii) issue licenses and certifications to qualified applicants pursuant to this chapter; and
     (iv) maintain a registry of the names and addresses of individuals who are currently licensed or certified as appraisers under this chapter.
     (b) (i) The division shall require a trainee to notify the division that the trainee is acting in the capacity of a trainee earning experience for licensure.
     (ii) The board shall adopt rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the trainee notification 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 or organizations for the preparation of a bank of questions and answers approved by the board for licensing and certification examinations; and
     (ii) administer or contract for the administration of licensing and certification examinations 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 the board the facilities, equipment, supplies, and personnel that are required to enable the board to carry out the board's responsibilities under this chapter.
     (f) The division shall assist the board in upgrading and improving the quality of the education and examinations required under this chapter.
     (g) The division shall assist the board in improving the quality of the continuing education available to persons licensed and certified under this chapter.
     (h) The division shall assist the board with respect to the proper interpretation or explanation of the Uniform Standards of Professional Appraisal Practice as required by Section 61-2b-27 when an interpretation or explanation becomes necessary in the enforcement of this chapter.
     (i) The division shall establish fees in accordance with Section 63-38-3.2:
     (i) for processing:
     (A) trainee notifications;
     (B) applications for licensing and certification; and
     (C) registration of expert witnesses; and
     (ii) for all other functions required or permitted by this chapter.
     (j) The division may:
     (i) investigate complaints against:
     (A) trainees; or
     (B) persons licensed or certified under this chapter;
     (ii) subpoena witnesses and the production of books, documents, records, and other papers;
     (iii) administer oaths; and
     (iv) take testimony and receive evidence concerning all matters within the division's

jurisdiction.
     (k) The division may promote research and conduct studies relating to the profession of real estate appraising and sponsor real estate appraisal educational activities.
     (l) The division shall adopt, with the concurrence of the board, rules for the administration of this chapter pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, that are not inconsistent with this chapter or the constitution and laws of this state or of the United States.
     (m) The division shall employ an appropriate staff to investigate allegations that persons licensed or certified under this chapter failed to comply with this chapter.
     (n) The division may employ such other professional, clerical, and technical staff as may be necessary to properly administer the work of the division under this chapter.
     (o) The division may make available, at a reasonable cost determined by the division, a list of the names and addresses of all persons licensed or certified by the division under this chapter to the extent the information is a public record under Title 63, Chapter 2, Government Records Access and Management Act.
     (2) (a) The division shall register expert witnesses who are not otherwise licensed or certified under this chapter to appear in all administrative and judicial tax proceedings to provide evidence related to the valuation of real property that is assessed by the tax commission, provided that the:
     (i) registration is limited to a specific proceeding;
     (ii) registration is valid until the proceeding becomes final;
     (iii) applicant pays a registration fee to the division;
     (iv) applicant provides the applicant's name, address, occupation, and professional credentials; and
     (v) applicant provides a notarized statement that:
     (A) the applicant is competent to render an appraisal and to testify as an expert witness in the proceeding; and
     (B) the appraisal and testimony to be offered shall be in accordance with the Uniform Standards of Professional Appraisal Practice adopted by the board.
     (b) Subsection (2)(a) shall be effective for all administrative and judicial property tax proceedings related to the valuation of real property that is assessed by the tax commission, including those filed but which are not final as of May 3, 1994.
     (3) The division shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of or participating in any disciplinary proceeding concerning a trainee or a person licensed, certified, or registered as an expert witness pursuant to this chapter if the action is taken without malicious intent and in the reasonable belief that the action was taken pursuant to the powers and duties vested in the members of the division under this chapter.

Amended by Chapter 199, 2005 General Session