Utah Administrative Code
Topic - Commerce
Title R162 - Real Estate
Rule R162-2g - Real Estate Appraiser Licensing and Certification Administrative Rules
Section R162-2g-304d - Experience Hours
Universal Citation: UT Admin Code R 162-2g-304d
Current through Bulletin 2024-18, September 15, 2024
(1)
(a) Except as provided in Subsection (1)(b),
appraisal experience shall be measured in hours according to the appraisal
experience hours schedules found in Appendices 1 through 3 or according to
AQB-approved experience hours for PAREA modules.
(b)
(i) An
applicant who has experience in categories other than those shown on the
appraisal experience hours schedules or who believes the schedules do not
adequately reflect the applicant's experience or the complexity or time spent
on an appraisal, may petition the board on an individual basis for approval of
the experience as being substantially equivalent to that required for licensure
or certification.
(ii) Upon a
finding that an applicant's experience is substantially equivalent to that
required for licensure or certification, the board may award the applicant an
appropriate number of hours for the alternate experience.
(2) Appraisal experience obtained pursuant to Appendices 1 through 3 are restricted as follows:
(a) An applicant may not accrue more than
2,000 experience hours in any 12-month period.
(b) The board may not award credit for:
(i) appraisal experience earned more than
five years before the date of application;
(ii) appraisals that were performed in
violation of:
(A) Utah law;
(B) the law of another jurisdiction;
or
(C) the administrative rules
adopted by the division and the board;
(iii) appraisals that fail to comply with
USPAP;
(iv) the performance of an
evaluation as defined in the Real Estate Appraiser and Certification Act that
does not comply with USPAP;
(v)
appraisals of the value of a business as distinguished from the appraisal of
commercial real estate;
(vi)
personal property appraisals; or
(vii) an appraisal that fails to clearly and
conspicuously disclose the contribution made by the applicant in completing the
assignment.
(c) At least
50% of the appraisals submitted for experience credit shall be appraisals of
properties located in Utah.
(d)
With regard to experience hours claimed from the schedules found in Appendices
1 and 2, no more than 25% of the total experience required for licensure or
certification may be earned from appraisals where the interior of the subject
property is not inspected.
(e) A
maximum of 50% of required experience hours may be earned from appraisal of
vacant land.
(f) Experience gained
through the successful completion of an AQB-approved PAREA module may, when
approved, exceed 50% of the total experience requirement. Except for
AQB-approved PAREA modules, experience gained for work without a traditional
client may qualify for experience hours but may not exceed 50% of the total
experience requirement. Work without a traditional client includes the
following:
(i) a client hiring an appraiser
for a business purpose; or
(ii) a
practicum course so long as the course is approved by the AQB course approval
program and, if the course is taught in Utah either live or by distance
education, also approved by the division.
(g) An applicant may receive credit only for
experience hours actually worked by the applicant and as limited by the maximum
experience hours described in these rules.
(3) Specific restrictions applicable to trainees applying for licensure.
(a)
(i) Except for AQB-approved PAREA module
experience hours, a registered trainee may not claim experience hours for any
appraisal work unless the trainee and the trainee's supervisor have completed
the division-approved Supervisory Appraiser and Appraiser Trainee Course before
performing the work to be claimed.
(ii) Except for AQB-approved PAREA module
experience hours, a trainee and the trainee's supervisor who signs the
experience log shall document on the log the specific duties that the trainee
performs for each appraisal.
(b) Except for AQB-approved PAREA module
experience hours, for each duty performed, the trainee shall be awarded a
percentage of the total experience hours that may be awarded for the property
type being appraised:
(i) pursuant to the
appraisal experience hour schedules found in Appendices 1 through 3;
and
(ii) with the following
limitations for Appendix 2:
(A) participation
in highest and best use analysis: 10% of total hours;
(B) participation in neighborhood description
and analysis: 10% of total hours;
(C) property inspection: 20% of total hours,
pursuant to Subsection (3)(c);
(D)
participation in land value estimate: 20% of total hours;
(E) participation in sales comparison
property selection and analysis: 30% of total hours;
(F) participation in cost analysis: 20% of
total hours;
(G) participation in
income analysis: 30% of total hours;
(H) participation in the final reconciliation
of value: 10% of total hours;
(I)
participation in report preparation: 20% of total hours;
and
(iii) The applicant
may claim up to 100% of the total hours allowed for the tasks listed in
Subsections (A) through (I).
(c) For a trainee to claim credit for an
inspection pursuant to Subsection (3)(b)(ii)(C):
(i) as to the first 35 residential appraisals
or first 20 non-residential appraisals completed, as applicable to the license
or certification being sought, the inspection must include:
(A) exterior measurement of the relatively
permanent structures located on the subject property that are designed or
intended for support, enclosure, shelter, or protection of persons, animals, or
property having a permanent roof supported by columns or walls; and
(B) inspection of the exterior of a property
that is used as a comparable in an appraisal; and
(ii) as to appraisals after the first 35
residential appraisals or first 20 non-residential appraisals completed, as
applicable to the license or certification being sought, the inspection must
satisfy the scope of work requirements.
(d) No more than one-third of the experience
hours submitted toward licensure may come from any one of the categories
identified in Subsection (3)(b)(ii).
(4) Specific restrictions applicable to applicants for certification.
(a) An
individual who obtained a license from the division through reciprocity shall
provide to the division the records necessary for the division to verify that
the individual satisfies the experience requirements outlined in these
rules.
(b) The board may not award
credit:
(i) for any appraisal where the
applicant cannot prove more than 50% participation in the:
(A) data collection;
(B) verification of data;
(C) reconciliation;
(D) analysis;
(E) identification of property and property
interests;
(F) compliance with
USPAP standards; and
(G)
preparation and development of the appraisal report; or
(ii) to more than one licensed appraiser per
completed appraisal, except as provided in Subsection (5).
(c)
(i) An
individual applying for certification as a state-certified residential
appraiser shall document 1,500 experience hours, including:
(A) up to 1,500 hours of AQB-approved
experience hours for PAREA modules: or
(B) at least 75% of the hours submitted from:
(I) the residential experience hours schedule
found in Appendix 1; or
(II) the
residential portion of the mass appraisal hours schedule found in Appendix
3.
(ii) No more
than 25% of the total hours submitted may be from:
(A) the general experience hours schedule
found in Appendix 2; or
(B)
properties other than 1- to 4-unit residential properties identified in the
mass appraisal hours schedule found in Appendix 3.
(d) An individual applying for
certification as a state-certified general appraiser shall document at least
1,500 experience hours as having been earned from:
(i) the general experience hours schedule
found in Appendix 2; or
(ii)
properties other than 1- to 4-unit residential properties identified in the
mass appraisal hours schedule found in Appendix 3.
(5) Specific restrictions applicable to mass appraisers.
(a)
Single-property appraisals performed under USPAP Standards 1 and 2 by mass
appraisers shall be awarded full credit pursuant to Appendices 1 and
2.
(b) Review and supervision of
appraisals by mass appraisers shall be awarded credit pursuant to Subsections
(6)(b) and (c).
(c)
(i) Mass appraisers and mass appraiser
trainees who perform 60% or more of the appraisal work shall be awarded full
credit pursuant to Appendix 3.
(ii)
Mass appraisers and mass appraiser trainees who perform between 25% and 59% of
the appraisal work shall be awarded 50% credit pursuant to Appendix
3.
(iii) Mass appraisers and mass
appraisal trainees who perform less than 25% of the appraisal work shall be
awarded no credit for the appraisal assignment.
(d) In addition to submitting proof of
required experience and samples, randomly selected from the experience log, of
work conforming to USPAP Standards 5 and 6:
(i) a state-licensed appraiser applicant
whose experience is earned primarily through mass appraisal shall submit proof
of having performed at least five appraisals conforming to USPAP Standards 1
and 2 equaling at least 65 experience hours;
(ii) a state-certified residential appraiser
applicant whose experience is earned primarily through mass appraisal shall
submit proof of having performed at least eight residential appraisals equaling
at least 110 experience hours:
(A) conforming
to USPAP Standards 1 and 2; and
(B)
including at least two of each of the following property types:
(I) vacant residential or agricultural
land;
(II) two- to four-unit
dwelling;
(III) single-family unit;
and
(IV) complex one- to four-unit
residential dwellings; and
(iii) a state-certified general appraiser
applicant whose experience is earned primarily through mass appraisal shall
submit proof of having performed at least eight appraisals from Appendix 2
conforming to USPAP Standards 1 and 2 equaling at least 300 experience
hours.
(e) No more than
200 hours for qualification for a state-licensed credential, 500 hours for a
state-certified residential credential, or 1,800 hours for a certified general
credential may be earned from any combination of appraisal assignments related
to:
(i) property improvement
inspection;
(ii) land
segregation;
(iii) CAMA data entry;
and
(iv) sale ratio
study.
(f)
(i) Mass appraisal of property with a
personal property component of less than 50% of value shall be awarded full
credit pursuant to Appendix 3 for the type of property appraised.
(ii) Mass appraisal of property with a
personal property component of 50% to 75% of value shall be awarded 50% credit
pursuant to Appendix 3 for the type of property appraised.
(iii) Mass appraisal of property with a
personal property component greater than 75%, but less than 100%, shall be
awarded 25% credit pursuant to Appendix 3 for the type of property
appraised.
(iv) Mass appraisal of
property with no real property component shall be awarded no credit.
(g) The appraisals submitted for
review pursuant to Subsection (5)(d) shall be selected from the applicant's
most recent work.
(6) Special circumstances - condemnation appraisals, review appraisals, supervision of appraisers, other real estate experience, and government agency experience.
(a) Condemnation appraisals. A condemnation
appraisal shall be awarded an additional 50% of the hours normally awarded for
the appraisal if the condemnation appraisal includes a before-and-after
appraisal because of a partial taking of the property.
(b) Review appraisals.
(i) Review appraisals shall be awarded
experience credit when the appraiser performs technical reviews of appraisals
prepared by employees, associates, or others, provided the appraiser complies
with USPAP Standards 3 and 4 when the appraiser is required to comply with the
rule.
(ii) Except as provided in
Subsection (6)(e)(i), the following credit shall be awarded for review of
appraisals:
(A) desk review: 30% of the hours
that would be awarded if a separate written review appraisal report were
prepared, up to a maximum of 500 hours; and
(B) field review: 50% of the hours that would
be awarded if a separate written review appraisal report were prepared, up to a
maximum of 500 hours.
(c) Supervision of appraisers. Except as
provided in Subsection (6)(e)(i), supervision of appraisers shall be awarded
20% of the hours that would be awarded to the appraisal, up to a maximum of 500
hours.
(d) Other real estate
experience acceptable for certification.
(i)
Provided that an applicant demonstrates to the satisfaction of the board that
the applicant has the ability to arrive at a fair market value of property and
to properly document value conclusions, the following activities may be used to
satisfy up to 50% of the experience required for certification:
(A) preliminary valuation
estimates;
(B) range of value
estimates or similar studies;
(C)
other real estate related experience gained by:
(I) bankers;
(II) builders;
(III) city planners and managers;
or
(IV) other
individuals.
(ii) A comparative market analysis by an
individual licensed under Title 61, Chapter 2f, Real Estate Licensing and
Practices Act may be granted up to 100% experience credit toward certification
if:
(A) the analysis conforms with USPAP
Standards Rules 1 and 2; and
(B)
the individual demonstrates to the board that the individual uses similar
techniques as appraisers to value properties and effectively utilize the
appraisal process.
(iii)
Except as provided in Subsection (6)(e)(i), or except for AQB-approved PAREA
module experience hours, no more than 50% of the total experience required for
certification may be earned through any combination of experience described in
Subsections (6)(b) through (6)(d).
(e) Government agency experience.
(i) An individual who obtains experience
hours in conjunction with investigation by a government agency is not subject
to the hour limitations of Subsection (6).
(ii) In addition to submitting proof of
required experience, an applicant whose experience is earned primarily in
conjunction with investigations by government agencies and through review of
appraisals, with no opinion of value developed, shall submit proof of having
complied with USPAP Standards 1 and 2 in performing appraisals as follows:
(A) if applying for state-licensed appraiser
with experience reviewing residential appraisals, five appraisals of one-unit
dwellings;
(B) if applying for
state-certified residential appraiser with experience reviewing residential
appraisals, eight appraisals of one-unit dwellings; and
(C) if applying for state-certified general
appraiser with experience reviewing appraisals of property types listed in
Appendix 2, at least eight appraisals of property types identified in Appendix
2.
(7) The board, at its discretion, may request the division to verify the claimed experience by any of the following methods:
(a) verification with the clients;
(b) submission of selected reports to the
board; and
(c) field inspection of
reports identified by the applicant at the applicant's office during normal
business hours.
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