Utah Code 61-2g-204. Real Estate Appraiser Licensing and Certification Board
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(1)
Terms Used In Utah Code 61-2g-204
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Appraisal: A determination of property value.
- Appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real estate or identified real property. See Utah Code 61-2g-102
- Board: means the Real Estate Appraiser Licensing and Certification Board that is established in Section 61-2g-204. See Utah Code 61-2g-102
- Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 61-2g-102
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- Real estate: means an identified parcel or tract of land including improvements if any. See Utah Code 61-2g-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State-certified general appraiser: means a person who holds a current, valid certification as a state-certified general appraiser issued under this chapter. See Utah Code 61-2g-102
- State-certified residential appraiser: means a person who holds a current, valid certification as a state-certified residential real estate appraiser issued under this chapter. See Utah Code 61-2g-102
(1)(a) There is established a Real Estate Appraiser Licensing and Certification Board that consists of seven regular members as follows:(1)(a)(i) one state-licensed or state-certified appraiser who may be either a residential or general licensee or certificate holder;(1)(a)(ii) one state-certified residential appraiser;(1)(a)(iii) one state-certified general appraiser;(1)(a)(iv) one member who is certified as either a state-certified residential appraiser or a state-certified general appraiser;(1)(a)(v) one member who represents an appraisal management company registered in accordance with Chapter 2e, Appraisal Management Company Registration and Regulation Act;(1)(a)(vi) one member:(1)(a)(vi)(A) who is licensed or represents a person licensed under Chapter 2c, Utah Residential Mortgage Practices and Licensing Act; or(1)(a)(vi)(B) who represents a mortgage lender, as defined in Section70D-2-102 , operating in the state in accordance with Title 70D, Chapter 2, Mortgage Lending and Servicing Act; and(1)(a)(vii) one member of the general public.(1)(b) A state-licensed or state-certified appraiser may be appointed as an alternate member of the board.(1)(c) The governor shall appoint all members of the board with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2)
(2)(a) Except as required by Subsection (2)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term beginning on July 1.
(2)(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(2)(c) Upon the expiration of a member’s term, a member of the board shall continue to hold office until the appointment and qualification of the member’s successor.
(2)(d) A person may not serve as a member of the board for more than two consecutive terms.
(3)
(3)(a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(3)(b) The governor may remove a member for cause.
(4) When the governor makes a new appointment or reappointment under Subsection (2)(a), or a vacancy appointment under Subsection (3)(a), the governor’s new appointment, reappointment, or vacancy appointment shall be made with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(5) The public member of the board may not be licensed or certified under this chapter.
(6) The board shall meet at least quarterly to conduct its business. The division shall give public notice of a board meeting.
(7) The members of the board shall elect a chair annually from among the members to preside at board meetings.
(8) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(8)(a) Section 63A-3-106 ;
(8)(b) Section 63A-3-107 ; and
(8)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .
(9)
(9)(a) Four members of the board shall constitute a quorum for the transaction of business.
(9)(b) If a quorum of members is unavailable for any meeting, the alternate member of the board, if any, shall serve as a regular member of the board for that meeting if with the presence of the alternate member a quorum is present at the meeting.
(9)(c) A member of the board shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.