R162-2g-302. Application for Trainee Registration

(1)(a) Except for an individual who successfully completes an AQB-approved Licensed Residential PAREA module, an individual who intends to obtain a license to practice as a state-licensed appraiser shall first register with the division as a trainee. An individual who successfully completes an AQB-approved Licensed Residential PAREA module need not register as a trainee before making application to sit for the state-licensed appraiser exam. (b) The division and the board may not award or recognize experience hours toward licensure for any appraisal work that is performed by an individual during a period when the individual is not registered as a trainee. (2) An individual registering with the division as a trainee shall evidence honesty, integrity, and truthfulness. (a) A trainee applicant shall be denied registration for: (i) a felony that resulted in: (A) a conviction occurring within five years of the date of application; or (B) a jail or prison release date falling within five years of the date of application; or (ii) a misdemeanor involving fraud, misrepresentation, theft, or dishonesty that resulted in: (A) a conviction occurring within three years of the date of application; or (B) a jail or prison release date falling within three years of the date of application. (b) A trainee applicant may be denied registration upon consideration of the following: (i) criminal convictions and pleas entered at any time before the date of application; (ii) the circumstances that led to any criminal convictions or pleas under consideration; (iii) past acts related to honesty, with particular consideration given to any such acts involving the appraisal business; (iv) dishonest conduct that would be grounds under Utah law for sanctioning an existing licensee; (v) civil judgments in lawsuits brought on grounds of fraud, misrepresentation, or deceit; (vi) court findings of fraudulent or deceitful activity in civil lawsuits; (vii) evidence of non-compliance with court orders or conditions of sentencing; (viii) evidence of non-compliance with terms of a probation agreement, plea in abeyance, or diversion agreement; and (ix) failure to pay taxes or child support obligations. (3) An individual registering with the division as a trainee shall evidence competency. In evaluating an applicant for competency, the division and board may consider any evidence, including the following: (a) civil judgments, with particular consideration given to any such judgments involving the appraisal business; (b) failure to satisfy a civil judgment that has not been discharged in bankruptcy; (c) the extent and quality of the applicant's training and education in appraisal; (d) the extent of the applicant's knowledge of the Utah Real Estate Appraiser Licensing and Certification Act; (e) evidence of disregard for licensing laws; (f) evidence of drug or alcohol dependency; and (g) the amount of time that has passed since any incident under consideration. (4)(a) Within the five-year period preceding the date of application, an applicant shall successfully complete 87 hours: (i) approved by the AQB; and (ii)(A) certified by the division pursuant to Subsections R162-2g-307c(1) through (3); or (B) not required to be certified by the division pursuant to Subsection R162-2g-307c(8). (b) The 87 hours of required education shall include: (i) 30 hours of appraisal principles; (ii) 30 hours of appraisal procedures; (iii) the 15-hour National USPAP Course, or its equivalent; (iv) an AQB-approved four-hour supervisor and trainee course; and (v) an AQB-approved eight-hour Valuation Bias and Fair Housing Laws and Regulations Course. (c) The15-hour National USPAP Course or its equivalent may not be accepted by the division as qualifying education unless it is: (i) taught by an instructor who: (A) is a state-certified residential or state-certified general appraiser; and (B) has been certified by the AQB; or (ii) approved as a distance education course by the AQB and International Distance Education Certification Center. (d) A person who applies for trainee registration shall have successfully completed an AQB-approved four-hour supervisor and trainee course: (i) as taught by a division-approved instructor; and (ii) within the two-year period preceding the date of application. (e) An applicant shall evidence having passed the final examination in required pre-licensing courses. (5) An applicant shall submit the following to the division: (a) a completed application as provided by the division; (b) course completion certificates for the 87 hours of required education; (c)(i) two fingerprint cards in a form acceptable to the division; or (ii) evidence that the applicant's fingerprints have been successfully scanned at a testing center; (d) the court documents related to any past criminal proceeding; (e) complete documentation of any sanction taken against any license in any jurisdiction; (f) a signed letter of waiver authorizing the division to: (i) obtain the fingerprints of the applicant; (ii) review past and present employment records; (iii) review education records; and (iv) conduct a criminal background check; (g) the fee for the criminal background check; (h) the name of the state-certified appraisers with whom the trainee is affiliated; (i) the name and business address of any appraisal entity or government agency with which the trainee is affiliated; and (j) the nonrefundable application fee. (6) A trainee applicant shall affiliate with at least one supervising certified appraiser and evidence that affiliation by: (a) identifying each supervising certified appraiser on a form supplied by the division; and (b) obtaining each supervising certified appraiser's signature on the application.