2006 Utah Code - 61-2b-8 — Duties of board.

     61-2b-8.   Duties of board.
     The board shall provide technical assistance to the division relating to real estate appraisal standards and real estate appraiser qualifications and shall have the responsibilities, powers, and duties listed in this section.
     (1) The board shall:
     (a) determine the experience, education, and examination requirements appropriate for persons licensed under this chapter;
     (b) determine the experience, education, and examination requirements appropriate for persons certified under this chapter in compliance with the minimum requirements of Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and 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 appraisers licensed or certified under this chapter in providing appraisal services or consultation services;
     (d) determine the procedures for a trainee notifying the division that the trainee will assist persons licensed or certified under this chapter in providing appraisal services or consultation services; and
     (e) develop programs to upgrade and improve the experience, education, and examinations as required under this chapter.
     (2) (a) The experience, education, and examination requirements established by the board for persons licensed or certified under this chapter shall be the minimum criteria established by the Appraiser Qualification Board of the Appraisal Foundation, unless, after notice and a public hearing held in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the board finds that the minimum criteria are not appropriate for state-licensed appraisers or state-certified appraisers in this state.
     (b) If under Subsection (2)(a) the board makes a finding that the minimum criteria are not appropriate, the board shall recommend appropriate criteria to the Legislature.
     (3) The board shall:
     (a) determine the continuing education requirements appropriate for the renewal of licenses and certifications issued under this chapter;
     (b) develop programs to upgrade and improve continuing education; and
     (c) recommend to the division available continuing education courses that meet the requirements of this chapter.
     (4) (a) The board shall consider the proper interpretation or explanation of the Uniform Standards of Professional Appraisal Practice as required by Section 61-2b-27 when:
     (i) an interpretation or explanation becomes necessary in the enforcement of this chapter; and
     (ii) the Appraisal Standards Board of the Appraisal Foundation has not as yet issued an interpretation or explanation.
     (b) If the conditions of Subsection (4)(a) are met, the board shall recommend to the division the appropriate interpretation or explanation that the division should adopt as a rule

under this chapter.
     (5) The board shall develop and establish or approve the examination specifications and the minimum score required to pass the examinations for licensure and certification.
     (6) The board shall review the:
     (a) bank of questions and answers that comprise the examination for persons licensed and certified under this chapter;
     (b) procedure that is established for selecting individual questions from the bank of questions for use in each scheduled examination; and
     (c) questions in the bank of questions and the related answers to determine whether they meet the examination specifications established by the board.
     (7) (a) The board shall conduct administrative hearings, not delegated by the board to an administrative law judge, in connection with all disciplinary proceedings under Sections 61-2b-30 and 61-2b-31 concerning:
     (i) a person licensed or certified under this chapter; and
     (ii) the person's failure to comply with this chapter and the Uniform Standards of Professional Appraisal Practice as adopted under Section 61-2b-27.
     (b) The board shall issue in each administrative hearing a decision that contains findings of fact and conclusions of law.
     (c) When a determination is made that a person licensed or certified under this chapter has violated any provision of this chapter, the division shall implement disciplinary action determined by the board.
     (8) The members of the board shall be immune from any civil action or criminal prosecution for any disciplinary proceeding concerning a person registered, licensed, or certified under this chapter if the action is taken without malicious intent and in the reasonable belief that the action taken was taken pursuant to the powers and duties vested in the members of the board under this chapter.
     (9) The board shall require and pass upon proof necessary to determine the honesty, competency, integrity, and truthfulness of each applicant for original or renewal licensure or certification.

Amended by Chapter 199, 2005 General Session