Utah Administrative Code
Topic - Commerce
Title R162 - Real Estate
Rule R162-2g - Real Estate Appraiser Licensing and Certification Administrative Rules
Section R162-2g-311 - Scope of Authority
Universal Citation: UT Admin Code R 162-2g-311
Current through Bulletin 2024-18, September 15, 2024
(1) Trainees.
(a) An individual who has properly qualified
as a trainee pursuant to Section
R162-2g-302 may perform appraisal-related duties within the competence and scope of
authority of the state-certified supervisory appraiser as follows:
(i) participating in property
inspections;
(ii) measuring or
assisting in the measurement of properties;
(iii) performing appraisal-related
calculations;
(iv) participating in
the selection of comparable properties for an appraisal assignment;
(v) making adjustments to comparable
properties; and
(vi) drafting or
assisting in the drafting of an appraisal report.
(b) The trainee may have more than one
supervisory appraiser.
(c) The
supervising appraiser shall be responsible to determine the point at which a
trainee is competent to participate in each of the activities identified in
Subsection (1)(a), within the following limitations:
(i) As to a minimum of the trainee's first 35
inspections of residential properties:
(A) the
trainee shall be accompanied and supervised by a state-certified
appraiser;
(B) both the interior
and the exterior of the properties shall be inspected; and
(C) the appraisal report shall comply with
the requirements of Subsection
R162-2g-502a(1)(g).
(ii) After the trainee's first 35
inspections, the supervising appraiser shall determine whether the trainee has
demonstrated sufficient competency to continue making inspections of
residential properties without being accompanied by the supervising
appraiser.
(iii) As to the
trainee's first 20 inspections of non-residential properties:
(A) the trainee shall be accompanied and
supervised by a state-certified general appraiser;
(B) both the interior and the exterior of the
properties shall be inspected; and
(C) the appraisal report shall comply with
the requirements of Subsection
R162-2g-502a(1)(g).
(d) A trainee may not:
(i) solicit or accept an assignment on behalf
of anyone other than:
(A) the trainee's
supervisor; or
(B) the supervisor's
appraisal firm;
(ii)
discuss an appraisal assignment with anyone other than:
(A) the supervisory appraiser responsible for
the assignment;
(B) state
enforcement agencies;
(C) third
parties as may be authorized by due process of law; and
(D) an authorized professional peer review
committee.
(e)
The following persons are not subject to the scope of authority limitations of
this subsection:
(i) full-time elected county
assessors; and
(ii) any person
performing an appraisal to establish the fair market value of real estate for
the assessment roll.
(2) In a federally-related transaction, state-licensed appraisers may appraise:
(a)
non-complex one- to four-residential units having a transaction value of less
than $1,000,000;
(b) complex one-
to four- residential units having a transaction value of less than $250,000;
and
(c) vacant or unimproved land
that is utilized for one- to four-family purposes, or for which the highest and
best use is one- to four-family purposes, so long as net income capitalization
analysis is not required by the terms of the assignment.
(3) State-licensed appraisers and state-certified residential appraisers may not perform appraisals of the following:
(a) subdivisions for which:
(i) a development analysis is necessary;
or
(ii) a discounted cash flow
analysis is required by the terms of the assignment;
(b) vacant land, if the highest and best use
of the land is for five or more one- to four-family units;
(c) commercial real property; or
(d) vacant land if the highest and best use
of the vacant land is commercial use.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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