Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 140 (2019GS)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 3/26/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• amends provisions regarding the Division of Real Estate's issuance of a citation;
• establishes criteria and parameters for temporary authorization to act as a mortgage loan originator;
• beginning January 1, 2020, requires a background check for certain licenses to include ongoing monitoring through the Federal Bureau of Investigation's Next Generation Identification System's Rap Back Service;
• requires the Division of Real Estate to establish a fee for background checks;
• permits the Securities Commission to make rules, with the concurrence of the Division of Real Estate, in relation to background checks;
• amends the grounds for disciplinary action against a sales agent, principal broker, or association broker;
• permits a real estate appraiser to conduct an evaluation; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

REAL ESTATE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
Calvin R. Musselman
LONG TITLE
General Description:
This bill amends provisions related to real estate.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends provisions regarding the Division of Real Estate's issuance of a citation;
▸ establishes criteria and parameters for temporary authorization to act as a mortgage
loan originator;
▸ beginning January 1, 2020, requires a background check for certain licenses to
include ongoing monitoring through the Federal Bureau of Investigation's Next
Generation Identification System's Rap Back Service;
▸ requires the Division of Real Estate to establish a fee for background checks;
▸ permits the Securities Commission to make rules, with the concurrence of the
Division of Real Estate, in relation to background checks;
▸ amends the grounds for disciplinary action against a sales agent, principal broker, or
association broker;
▸ permits a real estate appraiser to conduct an evaluation; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
61-2-203
, as last amended by Laws of Utah 2018, Chapter 213
61-2c-201
, as last amended by Laws of Utah 2010, Chapter 379
61-2f-204
, as last amended by Laws of Utah 2016, Chapter 25
61-2f-401
, as last amended by Laws of Utah 2018, Chapter 213
61-2g-102
, as last amended by Laws of Utah 2014, Chapter 350
61-2g-205
, as last amended by Laws of Utah 2018, Chapter 213
61-2g-301
, as last amended by Laws of Utah 2016, Chapter 384
61-2g-304.5
, as enacted by Laws of Utah 2014, Chapter 350
ENACTS:
61-2c-201.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
61-2-203
 is amended to read:
61-2-203.
Adjudicative proceedings -- Citation authority.
(1) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
Act, in an adjudicative proceeding under a chapter the division administers.
(2) The division may initiate an adjudicative proceeding through:
[
(a) a citation, pursuant to Subsection (3);
]
[
(b)
] 
(a)
 a notice of agency action; or
[
(c)
] 
(b)
 a notice of formal or informal proceeding.
(3) The provisions of Title 63G, Chapter 4, Administrative Procedures Act, do not
apply to the issuance of a citation under Subsection (4), unless a licensee or another person
authorized by law to contest the validity or correctness of a citation commences an adjudicative
proceeding contesting the citation.
[
(3)
] 
(4)
 In addition to any other statutory penalty for a violation related to an
occupation or profession regulated under this title, the division may issue a citation to a person
who, upon inspection or investigation, the division concludes to have violated:
(a) Subsection 
61-2c-201
(1), which requires licensure;
(b) Subsection 
61-2c-201
(4), which requires entity licensure;
(c) Subsection 
61-2c-205
(3), which requires notification of a change in specified
information regarding a licensee;
(d) Subsection 
61-2c-205
(4), which requires notification of 
a
 specified legal [
actions
]
action
;
(e) Subsection 
61-2c-301
(1)(g), which prohibits failing to respond to the division
within the required time period;
(f) Subsection 
61-2c-301
(1)(h), which prohibits making a false representation to the
division;
(g) Subsection 
61-2c-301
(1)(i), which prohibits taking a dual role in a transaction;
(h) Subsection 
61-2c-301
(1)(l), which prohibits engaging in false or misleading
advertising;
(i) Subsection 
61-2c-301
(1)(t), which prohibits advertising the ability to do licensed
work if unlicensed;
(j) Subsection 
61-2c-302
(5), which requires a mortgage entity to create and file a
quarterly report of condition;
(k) Subsection 
61-2e-201
(1), which requires registration;
(l) Subsection 
61-2e-203
(4), which requires a notification of a change in ownership;
(m) Subsection 
61-2e-307
(1)(c), which prohibits use of an unregistered fictitious name;
(n) Subsection 
61-2e-401
(1)(c), which prohibits failure to respond to a 
division
 request
[
by the division
];
(o) Subsection 
61-2f-201
(1), which requires licensure;
(p) Subsection 
61-2f-206
(1), which requires entity registration;
(q) Subsection 
61-2f-301
(1), which requires notification of a specified legal action;
(r) Subsection 
61-2f-401
(1)(a), which prohibits making a substantial misrepresentation;
(s) Subsection 
61-2f-401
(3), which prohibits undertaking real estate while not affiliated
with a principal broker;
(t) Subsection 
61-2f-401
(9), which prohibits failing to keep specified records 
and
prohibits failing to make the specified records available
 for 
division
 inspection [
by the
division
];
(u) Subsection 
61-2f-401
(13), which prohibits false, misleading, or deceptive
advertising;
(v) Subsection 
61-2f-401
(20), which prohibits failing to respond to a division request;
(w) Subsection 
61-2g-301
(1), which requires licensure;
(x) Subsection 
61-2g-405
(3), which requires making records required to be maintained
available to the division;
(y) Subsection 
61-2g-501
(2)(c), which requires a person to respond to a division
request in an investigation within 10 days after the day on which the request is served;
[
(y)
] 
(z)
 Subsection 
61-2g-502
(2)(f), which prohibits using a nonregistered fictitious
name;
[
(z)
] 
(aa)
 a rule made pursuant to any Subsection listed in this Subsection [
(3)
] 
(4)
;
[
(aa)
] 
(bb)
 an order of the division; or
[
(bb)
] 
(cc)
 an order of the commission or board that oversees the person's profession.
[
(4)
] 
(5)
 (a) In accordance with Subsection [
(9)
] 
(10)
, the division may assess a fine
against a person for a violation of a provision listed in Subsection [
(3)
] 
(4)
, as evidenced by:
(i) an uncontested citation;
(ii) a stipulated settlement; or
(iii) a finding of a violation in an adjudicative proceeding.
(b) The division may, in addition to or in lieu of a fine under Subsection [
(4)
] 
(5)
(a),
order the person to cease and desist from an activity that violates a provision listed in
Subsection [
(3)
] 
(4)
.
[
(5)
] 
(6)
 Except as provided in Subsection [
(7)
] 
(8)
(d), the division may not use a
citation to effect a license:
(a) denial;
(b) probation;
(c) suspension; or
(d) revocation.
[
(6)
] 
(7)
 (a) A citation issued by the division shall:
(i) be in writing;
(ii) describe with particularity the nature of the violation, including a reference to the
provision of the statute, rule, or order alleged to have been violated;
(iii) clearly state that the recipient must notify the division in writing within 20
calendar days [
of service of
] 
after the day on which
 the citation 
is served
 if the recipient wishes
to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative
Procedures Act; and
(iv) clearly explain the consequences of failure to timely contest the citation or to make
payment of a fine assessed by the citation within the time period specified in the citation.
(b) The division may issue a notice in lieu of a citation.
[
(7)
] 
(8)
 (a) A citation becomes final:
(i) if within 20 calendar days [
from the service of the citation
] 
after the day on which
the citation is served
, the person to whom the citation was issued fails to request a hearing to
contest the citation; or
(ii) if the director or the director's designee conducts a hearing pursuant to a timely
request for a hearing and issues an order finding that a violation has occurred.
(b) The 
division may extend, for cause, the
 20-day period to contest a citation [
may be
extended by the division for cause
].
(c) A citation that becomes the final order of the division due to a person's failure to
timely request a hearing is not subject to further agency review.
(d) (i) The division may refuse to issue, refuse to renew, suspend, revoke, or place on
probation the license of a licensee who fails to comply with a citation after the citation
becomes final.
(ii) The failure of a license applicant to comply with a citation after the citation
becomes final is a ground for denial of the license application.
[
(8)
] 
(9)
 (a) The division may not issue a citation under this section after the expiration
of one year [
following the occurrence of a violation
] 
after the day on which the violation
occurs
.
(b) The division may issue a notice to address a violation that is outside of the one-year
citation period.
[
(9)
] 
(10)
 The director or the director's designee shall assess a fine with a citation in an
amount that is no more than:
(a) for a first offense, $1,000;
(b) for a second offense, $2,000; and
(c) for each offense subsequent to a second offense, $2,000 for each day of continued
offense.
[
(10)
] 
(11)
 (a) An action for a first or second offense for which the division has not
issued 
a
 final order does not preclude the division from initiating a subsequent action for a
second or subsequent offense while the preceding action is pending.
(b) The final order on a subsequent action is considered a second or subsequent
offense, respectively, provided the preceding action resulted in a first or second offense,
respectively.
[
(11)
] 
(12)
 (a) If a person does not pay a penalty, the director may collect the unpaid
penalty by:
(i) referring the matter to a collection agency; or
(ii) bringing an action in the district court of the county:
(A) where the person resides; or
(B) where the office of the director is located.
(b) A county attorney or the attorney general of the state shall provide legal services to
the director in an action to collect the penalty.
(c) A court may award reasonable attorney fees and costs to the division in an action
[
brought by
] the division 
brings
 to enforce the provisions of this section.
Section 2. Section 
61-2c-201
 is amended to read:
61-2c-201.
Licensure required of person engaged in the business of residential
mortgage loans.
[
(1) Unless exempt from this chapter under Section 
61-2c-105
, a person may not
transact the business of residential mortgage loans without obtaining a license under this
chapter.
]
(1) (a) Except as provided in Subsection (1)(b), a person may not transact the business
of residential mortgage loans without first obtaining a license under this chapter.
(b) A person may transact the business of residential mortgage loans without first
obtaining a license under this chapter if the person:
(i) is exempt from this chapter under Section 
61-2c-105
; or
(ii) qualifies for temporary authority to act as a mortgage loan originator under Section
61-2c-201.2
.
(2) For purposes of this chapter, a person transacts 
the
 business 
of residential mortgage
loans
 in this state if:
(a) (i) the person engages in an act that constitutes the business of residential mortgage
loans; [
and
]
(ii) [
(A)
] the act described in Subsection (2)(a)(i) is directed to or received in this state;
and
[
(B)
] 
(iii)
 the real property that is the subject of the act described in Subsection (2)(a)(i)
is located in this state; or
(b) 
the person makes
 a representation [
is made by the person
] that the person transacts
the business of residential mortgage loans in this state.
(3) An individual who has an ownership interest in an entity required to be licensed
under this chapter is not required to obtain an individual license under this chapter unless the
individual transacts the business of residential mortgage loans.
(4) Unless otherwise exempted under this chapter, licensure under this chapter is
required of both:
(a) the individual who directly transacts the business of residential mortgage loans; and
(b) if the individual transacts business as an employee or agent of an entity or
individual, the entity or individual for whom the employee or agent transacts the business of
residential mortgage loans.
(5) (a) If an entity that is licensed to transact the business of residential mortgage loans
transacts the business of residential mortgage loans under an assumed business name, the entity
shall in accordance with rules made by the division:
(i) register the assumed name under this chapter; and
(ii) furnish proof that the assumed business name is filed with the Division of
Corporations and Commercial Code pursuant to Title 42, Chapter 2, Conducting Business
Under Assumed Name.
(b) The division may charge a fee established in accordance with Section 
63J-1-504
 for
registering an assumed name [
pursuant to
] 
as described in
 this Subsection (5).
Section 3. Section 
61-2c-201.2
 is enacted to read:
 61-2c-201.2.
Temporary authorization to act as a mortgage loan originator.
(1) In accordance with the provisions of this section, an individual is temporarily
authorized to act as a mortgage loan originator if:
(a) an entity licensed to transact the business of residential mortgage loans employs the
individual;
(b) the individual submits an application for licensure as a mortgage loan originator in
accordance with Section 
61-2c-202
;
(c) the individual demonstrates that the individual:
(i) (A) is registered as a mortgage loan originator with a depository institution; and
(B) was registered in the nationwide database as a mortgage loan originator during the
one-year period before the day on which the individual submitted the application described in
Subsection (1)(b); or
(ii) was licensed as a mortgage loan originator in another state during the 30-day period
before the day on which the individual submitted the application described in Subsection
(1)(b); and
(d) the individual has not in any governmental jurisdiction:
(i) had an application for licensure as a mortgage loan originator denied;
(ii) had a mortgage loan originator license revoked or suspended;
(iii) been subject to, or served with, a cease and desist order in connection with a
residential mortgage loan transaction; or
(iv) been convicted of, pled guilty to, pled no contest to, or resolved by a plea in
abeyance agreement, a crime that would preclude the individual from licensure as a residential
mortgage loan originator, as provided by rule the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(2) Temporary authorization for an individual who meets the requirements described in
Subsection (1) to act as a mortgage loan originator:
(a) begins the day on which the individual submits an application in accordance with
Section 
61-2c-202
; and
(b) ends the day on which any of the following occurs:
(i) the individual withdraws the application described in Subsection (2)(a);
(ii) the division denies the application described in Subsection (2)(a);
(iii) the division grants the application described in Subsection (2)(a); or
(iv) 120 days pass after the day on which the individual submits an application for
registration in the nationwide database.
(3) A person employing an individual with temporary authorization under this section
is subject to the requirements of this chapter to the same extent as if the individual was licensed
in this state as a mortgage loan originator.
(4) An individual with temporary authorization under this section is subject to the
requirements of this chapter to the same extent as an individual licensed in this state as a
mortgage loan originator.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules regulating the temporary authority of an individual to act as a
mortgage loan originator in accordance with this section.
Section 4. Section 
61-2f-204
 is amended to read:
61-2f-204.
 Licensing fees and procedures -- Renewal fees and procedures.
(1) (a) Upon filing an application for an examination for a license under this chapter,
the applicant shall pay a nonrefundable fee established in accordance with Section 
63J-1-504
for admission to the examination.
(b) An applicant for a principal broker, associate broker, or sales agent license shall
pay a nonrefundable fee as determined by the commission with the concurrence of the division
under Section 
63J-1-504
 for issuance of an initial license or license renewal.
(c) A license issued under this Subsection (1) shall be issued for a period of not less
than two years as [
determined by
] the division 
determines
 with the concurrence of the
commission.
(d) (i) [
Any
] 
Each
 of the following applicants shall comply with this Subsection (1)(d):
(A) a new sales agent applicant;
(B) a principal broker applicant; [
or
] 
and
(C) an associate broker applicant.
(ii) An applicant described in this Subsection (1)(d) shall 
at the time the licensee files
an application
:
(A) submit 
to the division
 fingerprint cards in a form acceptable to the [
division at the
time the license application is filed; and
] 
Department of Public Safety;
(B) submit to the division a signed waiver in accordance with Subsection
53-10-108
(4), acknowledging the registration of the applicant's fingerprints in the Federal
Bureau of Investigation Next Generation Identification System's Rap Back Service beginning
January 1, 2020;
[
(B)
] 
(C)
 consent to a criminal background check by the Utah Bureau of Criminal
Identification and the Federal Bureau of Investigation [
regarding the application.
]
; and
(D) pay the fee the division establishes in accordance with Subsection (1)(d)(vi).
[
(iii) The division shall request the Department of Public Safety to complete a Federal
Bureau of Investigation criminal background check for each applicant described in this
Subsection (1)(d) through the national criminal history system or any successor system.
]
[
(iv) The applicant shall pay the cost of the criminal background check and the
fingerprinting.
]
(iii) The Bureau of Criminal Identification shall:
(A) check the fingerprints an applicant submits under Subsection (1)(d)(ii) against the
applicable state, regional, and national criminal records databases, including, beginning
January 1, 2020, the Federal Bureau of Investigation Next Generation Identification System;
(B) report the results of the background check to the division;
(C) maintain a separate file of fingerprints that applicants submit under Subsection
(1)(d) for search by future submissions to the local and regional criminal records databases,
including latent prints;
(D) request that beginning January 1, 2020, the fingerprints be retained in the Federal
Bureau of Investigation Next Generation Identification System's Rap Back Service for search
by future submissions to national criminal records databases, including the Next Generation
Identification System and latent prints; and
(E) ensure that the division only receives notifications for an individual with whom the
division maintains permission to receive notifications.
(iv) (A) The division shall assess an applicant who submits fingerprints under
Subsection (1)(d) or (2)(g) a fee in an amount that the division sets in accordance with Section
63J-1-504
 for services that the division and the Bureau of Criminal Identification or another
authorized agency provide under Subsection (1)(d) or (2)(g).
(B) The Bureau of Criminal Identification may collect from the division money for
services provided under this section.
(v) Money paid to the division by an applicant for the cost of the criminal background
check is nonlapsing.
(vi) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and with the concurrence of the division, the commission may make rules for the
administration of this Subsection (1)(d) and Subsection (2)(g) regarding criminal background
checks with ongoing monitoring.
(e) (i) A license issued under Subsection (1)(d) is conditional, pending completion of
the criminal background check.
(ii) A license is immediately and automatically revoked if the criminal background
check discloses the applicant fails to accurately disclose a criminal history involving:
(A) the real estate industry; or
(B) a felony conviction on the basis of an allegation of fraud, misrepresentation, or
deceit.
(iii) If a criminal background check discloses that an applicant fails to accurately
disclose a criminal history other than one described in Subsection (1)(e)(ii), the division:
(A) shall review the application; and
(B) in accordance with rules made by the division pursuant to Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, may:
(I) place a condition on a license;
(II) place a restriction on a license;
(III) revoke a license; or
(IV) refer the application to the commission for a decision.
(iv) 
(A)
 A person whose conditional license is automatically revoked under Subsection
(1)(e)(ii) or whose license is conditioned, restricted, or revoked under Subsection (1)(e)(iii)
may have a hearing after the action is taken to challenge the action.
(B)
 The 
division shall conduct a
 hearing [
shall be conducted
] 
described in Subsection
(1)(d)(iv)(A)
 in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(v) The director shall designate one of the following to act as the presiding officer in a
hearing described in Subsection (1)(e)(iv)
(A)
:
(A) the division; or
(B) the division with the concurrence of the commission.
(vi) The [
decision on
] 
presiding officer shall decide
 whether relief from an action
under this Subsection (1)(e) [
will be
] 
is
 granted [
shall be made by the presiding officer
].
(vii) Relief from an automatic revocation under Subsection (1)(e)(ii) may be granted
only if:
(A) the criminal history upon which the division based the revocation:
(I) did not occur; or
(II) is the criminal history of another person;
(B) (I) the revocation is based on a failure to accurately disclose a criminal history; and
(II) the applicant has a reasonable good faith belief at the time of application that there
was no criminal history to be disclosed; or
(C) the division fails to follow the prescribed procedure for the revocation.
(viii) If a license is revoked or a revocation under this Subsection (1)(e) is upheld after
a hearing, the individual may not apply for a new license until at least 12 months after the day
on which the license is revoked.
(2) (a) (i) A license expires if it is not renewed on or before [
its
] 
the
 expiration date 
of
the license
.
(ii) As a condition of renewal, an active licensee shall demonstrate competence by
completing 18 hours of continuing education within a two-year renewal period subject to rules
made by the commission, with the concurrence of the division.
(iii) In making a rule described in Subsection (2)(c)(ii), the division and commission
shall consider:
(A) evaluating continuing education on the basis of competency, rather than course
time;
(B) allowing completion of courses in a significant variety of topic areas that the
division and commission determine are valuable in assisting an individual licensed under this
chapter to increase the individual's competency; and
(C) allowing completion of courses that will increase a licensee's professional
competency in the area of practice of the licensee.
(iv) The division may award credit to a licensee for a continuing education requirement
of this Subsection (2)(a) for a reasonable period of time upon a finding of reasonable cause,
including:
(A) military service; or
(B) if an individual is elected or appointed to government service, the individual's
government service during which the individual spends a substantial time addressing real estate
issues subject to conditions established by rule made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(b) For a period of 30 days after the day on which a license expires, the license may be
reinstated:
(i) if the applicant's license was inactive on the day on which the applicant's license
expired, upon payment of a renewal fee and a late fee determined by the commission with the
concurrence of the division under Section 
63J-1-504
; or
(ii) if the applicant's license was active on the day on which the applicant's license
expired, upon payment of a renewal fee and a late fee determined by the commission with the
concurrence of the division under Section 
63J-1-504
, and providing proof acceptable to the
division and the commission of the licensee having:
(A) completed the hours of education required by Subsection (2)(a); or
(B) demonstrated competence as required under Subsection (2)(a).
(c) After the 30-day period described in Subsection (2)(b), and until six months after
the day on which an active or inactive license expires, the license may be reinstated by:
(i) paying a renewal fee and a late fee determined by the commission with the
concurrence of the division under Section 
63J-1-504
;
(ii) providing to the division proof of satisfactory completion of six hours of continuing
education:
(A) in addition to the requirements for a timely renewal; and
(B) on a subject determined by the commission by rule with the concurrence of the
division and made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act; and
(iii) providing proof acceptable to the division and the commission of the licensee
having:
(A) completed the hours of education required under Subsection (2)(a); or
(B) demonstrated competence as required under Subsection (2)(a).
(d) After the six-month period described in Subsection (2)(c), and until one year after
the day on which an active or inactive license expires, the license may be reinstated by:
(i) paying a renewal fee and a late fee determined by the commission with the
concurrence of the division under Section 
63J-1-504
;
(ii) providing to the division proof of satisfactory completion of 24 hours of continuing
education:
(A) in addition to the requirements for a timely renewal; and
(B) on a subject determined by the commission by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, subject to concurrence by the division;
and
(iii) providing proof acceptable to the division and the commission of the licensee
having:
(A) completed the hours of education required by Subsection (2)(a); or
(B) demonstrated competence as required under Subsection (2)(a).
(e) The division shall relicense a person who does not renew that person's license
within one year as prescribed for an original application.
(f) Notwithstanding Subsection (2)(a), the division may extend the term of a license
that would expire under Subsection (2)(a) except for the extension if:
(i) (A) the person complies with the requirements of this section to renew the license;
and
(B) the renewal application remains pending at the time of the extension; or
(ii) at the time of the extension, there is pending a disciplinary action under this
chapter.
(g) Beginning January 1, 2020, each applicant for renewal or reinstatement of a license
to practice as a sales agent, principal broker, or associate broker who is not already subject to
ongoing monitoring of the individual's criminal history shall, at the time the application for
renewal or reinstatement is filed:
(i) submit fingerprint cards in a form acceptable to the Department of Public Safety;
(ii) submit to the division a signed waiver in accordance with Subsection 
53-10-108
(4),
acknowledging the registration of the applicant's fingerprints in the Federal Bureau of
Investigation Next Generation Identification System's Rap Back Service;
(iii) consent to a fingerprint background check by the Utah Bureau of Criminal
Identification and the Federal Bureau of Investigation; and
(iv) pay the fee the division establishes in accordance with Subsection (1)(d)(vi).
(3) (a) As a condition for the activation of an inactive license that was in an inactive
status at the time of the licensee's most recent renewal, the licensee shall supply the division
with proof of:
(i) successful completion of the respective sales agent or principal broker licensing
examination within six months before [
applying
] 
the day on which the licensee applies
 to
activate the license; or
(ii) the successful completion of the hours of continuing education that the licensee
would have been required to complete under Subsection (2)(a) if the license had been on active
status at the time of the licensee's most recent renewal.
(b) The commission may, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, subject to concurrence by the division, establish by rule:
(i) the nature or type of continuing education required for reactivation of a license; and
(ii) how long before reactivation the continuing education must be completed.
Section 5. Section 
61-2f-401
 is amended to read:
61-2f-401.
Grounds for disciplinary action.
The following acts are unlawful for a person licensed or required to be licensed under
this chapter:
(1) (a) making a substantial misrepresentation, including in a licensure statement;
(b) making an intentional misrepresentation;
(c) pursuing a continued and flagrant course of misrepresentation;
(d) making a false representation or promise through an agent, sales agent, advertising,
or otherwise; or
(e) making a false representation or promise of a character likely to influence,
persuade, or induce;
(2) acting for more than one party in a transaction without the informed consent of the
parties;
(3) (a) acting as an associate broker or sales agent while not affiliated with a principal
broker;
(b) representing or attempting to represent a principal broker other than the principal
broker with whom the person is affiliated; or
(c) representing as sales agent or having a contractual relationship similar to that of
sales agent with a person other than a principal broker;
(4) (a) failing, within a reasonable time, to account for or to remit money that belongs
to another and comes into the person's possession;
(b) commingling money described in Subsection (4)(a) with the person's own money;
or
(c) diverting money described in Subsection (4)(a) from the purpose for which the
money is received;
(5) paying or offering to pay valuable consideration, as defined by the commission, to a
person not licensed under this chapter, except that valuable consideration may be shared:
(a) with a principal broker of another jurisdiction; or
(b) as provided under:
(i) Title 16, Chapter 10a, Utah Revised Business Corporation Act;
(ii) Title 16, Chapter 11, Professional Corporation Act; or
(iii) Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act, as
appropriate pursuant to Section 
48-3a-1405
;
(6) for a principal broker, paying or offering to pay a sales agent or associate broker
who is not affiliated with the principal broker at the time the sales agent or associate broker
earned the compensation;
(7) being incompetent to act as a principal broker, associate broker, or sales agent in
such manner as to safeguard the interests of the public;
(8) failing to voluntarily furnish a copy of a document to the parties before and after the
execution of a document;
(9) failing to keep and make available for inspection by the division a record of each
transaction, including:
(a) the names of buyers and sellers or lessees and lessors;
(b) the identification of real estate;
(c) the sale or rental price;
(d) money received in trust;
(e) agreements or instructions from buyers and sellers or lessees and lessors; and
(f) any other information required by rule;
(10) failing to disclose, in writing, in the purchase, sale, or rental of real estate, whether
the purchase, sale, or rental is made for that person or for an undisclosed principal;
(11) being convicted, within five years of the most recent application for licensure, of a
criminal offense involving moral turpitude regardless of whether:
(a) the criminal offense is related to real estate; or
(b) the conviction is based upon a plea of nolo contendere;
(12) having, within five years of the most recent application for a license under this
chapter, entered any of the following related to a criminal offense involving moral turpitude:
(a) a plea in abeyance agreement;
(b) a diversion agreement;
(c) a withheld judgment; or
(d) an agreement in which a charge was held in suspense during a period of time when
the licensee was on probation or was obligated to comply with conditions outlined by a court;
(13) advertising the availability of real estate or the services of a licensee in a false,
misleading, or deceptive manner;
(14) in the case of a principal broker or a branch broker, failing to exercise reasonable
supervision over the activities of the principal broker's or branch broker's licensed or
unlicensed staff;
(15) violating or disregarding:
(a) this chapter;
(b) an order of the commission; or
(c) the rules adopted by the commission and the division;
(16) breaching a fiduciary duty owed by a licensee to the licensee's principal in a real
estate transaction;
(17) any other conduct which constitutes dishonest dealing;
(18) unprofessional conduct as defined by statute or rule;
(19) having one of the following suspended, revoked, surrendered, or cancelled on the
basis of misconduct in a professional capacity that relates to character, honesty, integrity, or
truthfulness:
(a) a real estate license, registration, or certificate issued by another jurisdiction; or
(b) another license, registration, or certificate to engage in an occupation or profession
issued by this state or another jurisdiction;
(20) failing to respond to a request by the division in an investigation authorized under
this chapter within 10 days after the day on which the request is served, including:
(a) failing to respond to a subpoena;
(b) withholding evidence; or
(c) failing to produce documents or records;
(21) in the case of a dual licensed title licensee as defined in Section 
31A-2-402
:
(a) providing a title insurance product or service without the approval required by
Section 
31A-2-405
; or
(b) knowingly providing false or misleading information in the statement required by
Subsection 
31A-2-405
(2);
(22) violating an independent contractor agreement between a principal broker and a
sales agent or associate broker as evidenced by a final judgment of a court;
(23) (a) engaging in an act of loan modification assistance that requires licensure as a
mortgage officer under Chapter 2c, Utah Residential Mortgage Practices and Licensing Act,
without being licensed under that chapter;
(b) engaging in an act of foreclosure rescue without entering into a written agreement
specifying what one or more acts of foreclosure rescue will be completed;
(c) inducing a person who is at risk of foreclosure to hire the licensee to engage in an
act of foreclosure rescue by:
(i) suggesting to the person that the licensee has a special relationship with the person's
lender or loan servicer; or
(ii) falsely representing or advertising that the licensee is acting on behalf of:
(A) a government agency;
(B) the person's lender or loan servicer; or
(C) a nonprofit or charitable institution; or
(d) recommending or participating in a foreclosure rescue that requires a person to:
(i) transfer title to real estate to the licensee or to a third-party with whom the licensee
has a business relationship or financial interest;
(ii) make a mortgage payment to a person other than the person's loan servicer; or
(iii) refrain from contacting the person's:
(A) lender;
(B) loan servicer;
(C) attorney;
(D) credit counselor; or
(E) housing counselor;
(24) taking or removing from the premises of a main office or a branch office, or
otherwise limiting a real estate brokerage's access to or control over, a record that:
(a) (i) the real estate brokerage's licensed staff, unlicensed staff, or affiliated
independent contractor prepared; and
(ii) is related to the business of:
(A) the real estate brokerage; or
(B) an associate broker, a branch broker, or a sales agent of the real estate brokerage; or
(b) is related to the business administration of the real estate brokerage;
[
(24)
] 
(25)
 as a principal broker, placing a lien on real property, unless authorized by
law; or
[
(25)
] 
(26)
 as a sales agent or associate broker, placing a lien on real property for an
unpaid commission or other compensation related to real estate brokerage services.
Section 6. Section 
61-2g-102
 is amended to read:
61-2g-102.
Definitions.
(1) As used in this chapter:
(a) (i) "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.
(ii) An appraisal is classified by the nature of the assignment as a valuation appraisal,
an analysis assignment, or a review assignment in accordance with the following definitions:
(A) "Analysis assignment" means an unbiased analysis, opinion, or conclusion that
relates to the nature, quality, or utility of identified real estate or identified real property.
(B) "Review assignment" means an unbiased analysis, opinion, or conclusion that
forms an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis
assignment.
(C) "Valuation appraisal" means an unbiased analysis, opinion, or conclusion that
estimates the value of an identified parcel of real estate or identified real property at a particular
point in time.
(b) "Appraisal Foundation" means the Appraisal Foundation that was incorporated as
an Illinois not-for-profit corporation on November 30, 1987.
(c) (i) "Appraisal report" means a communication, written or oral, of an appraisal.
(ii) An appraisal report is classified by the nature of the assignment as a valuation
report, analysis report, or review report in accordance with the definitions provided in
Subsection (1)(a)(ii).
(iii) The testimony of a person relating to the person's analyses, conclusions, or
opinions concerning identified real estate or identified real property is considered to be an oral
appraisal report.
(d) "Appraisal Qualification Board" means the Appraisal Qualification Board of the
Appraisal Foundation.
(e) "Board" means the Real Estate Appraiser Licensing and Certification Board that is
established in Section 
61-2g-204
.
(f) "Certified appraisal report" means a written or oral appraisal report that is certified
by a state-certified general appraiser or state-certified residential appraiser.
(g) "Concurrence" means that the entities that are given a concurring role jointly agree
to an action.
(h) (i) (A) "Consultation service" means an engagement to provide a real estate
valuation service analysis, opinion, conclusion, or other service that does not fall within the
definition of appraisal.
(B) "Consultation service" does not mean a valuation appraisal, analysis assignment, or
review assignment.
(ii) Regardless of the intention of the client or employer, if a person prepares an
unbiased analysis, opinion, or conclusion, the analysis, opinion, or conclusion is considered to
be an appraisal and not a consultation service.
(i) "Contingent fee" means a fee or other form of compensation, payment of which is
dependent on or conditioned by:
(i) the reporting of a predetermined analysis, opinion, or conclusion by the person
performing the analysis, opinion, or conclusion; or
(ii) achieving a result specified by the person requesting the analysis, opinion, or
conclusion.
(j) "Credential" means a state-issued registration, license, or certification that allows an
individual to perform any act or service that requires licensure or certification under this
chapter.
(k) "Division" means the Division of Real Estate of the Department of Commerce.
(l) "Evaluation" means an opinion on the market value of real property or real estate
that:
(i) is made in accordance with the Interagency Appraisal and Evaluation Guidelines;
and
(ii) is provided to a financial institution for use in a real estate related transaction for
which the regulations of the federal financial institutions regulatory agencies do not require an
appraisal.
[
(l)
] 
(m)
 "Executive director" means the executive director of the Department of
Commerce.
(n) "Federal financial institutions regulatory agencies" means:
(i) the Board of Governors of the Federal Reserve System;
(ii) the Federal Deposit Insurance Corporation;
(iii) the Office of the Comptroller of the Currency; and
(iv) the National Credit Union Administration.
[
(m)
] 
(o)
 "Federally related transaction" means a real estate related transaction that is
required by federal law or by federal regulation to be supported by an appraisal prepared by:
(i) a state-licensed appraiser; or
(ii) a state-certified appraiser.
(p) "Financial institution" means an insured:
(i) depository as defined in 12 U.S.C. Sec. 1813(c)(1); or
(ii) credit union as defined in 12 U.S.C. Sec. 1752(7).
(q) "Interagency Appraisal and Evaluation Guidelines" means the guidelines published
as Interagency Appraisal and Evaluation Guidelines, 75 Fed. Reg. 77,450 (Dec. 10, 2010), and
all amendments or updates thereto.
[
(n)
] 
(r)
 "Real estate" means an identified parcel or tract of land including
improvements if any.
[
(o)
] 
(s)
 "Real estate appraisal activity" means the act or process of making an appraisal
of real estate or real property and preparing an appraisal report.
[
(p)
] 
(t)
 "Real estate related transaction" means:
(i) the sale, lease, purchase, investment in, or exchange of real property or an interest in
real property, or the financing of such a transaction;
(ii) the refinancing of real property or an interest in real property; or
(iii) the use of real property or an interest in real property as security for a loan or
investment, including mortgage-backed securities.
[
(q)
] 
(u)
 "Real property" means one or more defined interests, benefits, or rights
inherent in the ownership of real estate.
[
(r)
] 
(v)
 "State-certified general appraiser" means a person who holds a current, valid
certification as a state-certified general appraiser issued under this chapter.
[
(s)
] 
(w)
 "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.
[
(t)
] 
(x)
 "State-licensed appraiser" means a person who holds a current, valid license as
a state-licensed appraiser issued under this chapter.
[
(u)
] 
(y)
 "Trainee" means an individual who:
(i) does not hold an appraiser license or appraiser certification issued under this
chapter;
(ii) works under the direct supervision of a state-certified appraiser to earn experience
for licensure; and
(iii) is registered as a trainee under this chapter.
[
(v)
] 
(z)
 "Unbiased analysis, opinion, or conclusion" means an analysis, opinion, or
conclusion relating to the nature, quality, value, or utility of identified real estate or identified
real property that is prepared by a person who is employed or retained to act, or would be
perceived by third parties or the public as acting, as a disinterested third-party in rendering the
analysis, opinion, or conclusion.
(2) (a) If a term not defined in this section is defined by rule, the term shall have the
meaning established by the division by rule made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(b) If a term not defined in this section is not defined by rule, the term shall have the
meaning commonly accepted in the business community.
Section 7. Section 
61-2g-205
 is amended to read:
61-2g-205.
Duties of board.
(1) (a) The board shall provide technical assistance to the division relating to real estate
appraisal standards and real estate appraiser qualifications.
(b) The board has the powers and duties listed in this section.
(2) The board shall:
(a) determine the experience and education requirements appropriate for a person
licensed under this chapter;
(b) determine the experience and education requirements appropriate for a person
certified under this chapter:
(i) in compliance with the minimum requirements of Financial Institutions Reform,
Recovery, and Enforcement Act of 1989; and
(ii) 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 an appraiser licensed or certified under this chapter in providing appraisal
services or consultation services;
(d) determine the procedures for a trainee to register and to renew a registration with
the division; and
(e) develop one or more programs to upgrade and improve the experience, education,
and examinations as required under this chapter.
(3) The experience and education requirements determined by the board for a person
licensed or certified under this chapter shall meet or exceed the minimum criteria established
by the Appraisal Qualification Board.
(4) The board shall:
(a) determine the continuing education requirements appropriate for the renewal of a
license, certification, or registration issued under this chapter that meet or exceed the minimum
criteria established by the Appraisal Qualification Board;
(b) develop one or more programs to upgrade and improve continuing education; and
(c) recommend to the division one or more available continuing education courses that
meet the requirements of this chapter.
(5) (a) The board shall consider the proper interpretation or explanation of the Uniform
Standards of Professional Appraisal Practice as required by Section 
61-2g-403
 when:
(i) an interpretation or explanation is necessary in the enforcement of this chapter; and
(ii) the Appraisal Standards Board of the Appraisal Foundation has not issued an
interpretation or explanation.
(b) If the conditions of Subsection (5)(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.
(c) 
(i)
 The board may by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and Section 
61-2g-403
, and with the concurrence of the
division, provide for an exemption from a provision of the Uniform Standards of Professional
Appraisal Practice for
:
(A)
 an activity engaged in on behalf of a governmental entity
; or
(B) the act of an individual licensed or certified in accordance with this chapter
providing an evaluation
.
(ii) In providing an exemption as described in Subsection (5)(c)(i)(B), the board may
not exempt an individual from the following provisions of the Uniform Standards of
Professional Appraisal Practice:
(A) the Ethics Rule;
(B) the Record Keeping Rule;
(C) the Competency Rule; and
(D) the Scope of Work Rule.
(6) (a) The board shall conduct an administrative hearing, not delegated by the board to
an administrative law judge, in connection with a disciplinary proceeding under Section
61-2g-504
 concerning:
(i) a person required to be licensed, certified, or registered 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 
61-2g-403
.
(b) The board, with the concurrence of the division, shall issue in an administrative
hearing a decision that contains findings of fact and conclusions of law.
(c) When a determination is made that a person required to be licensed, certified, or
registered under this chapter has violated this chapter, the division shall implement disciplinary
action determined through concurrence of the board and the division.
(7) A member of the board is immune from a civil action or criminal prosecution for a
disciplinary proceeding concerning a person required to be registered, licensed, certified, or
approved as an expert 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 a member of the board under this chapter.
(8) (a) The board shall require and pass upon proof necessary to determine the honesty,
competency, integrity, truthfulness, and general fitness to command the confidence of the
community of an applicant for:
(i) original licensure, certification, or registration; and
(ii) renewal licensure, certification, or registration.
(b) The board may delegate to the division the authority to:
(i) review a class or category of applications for an original or renewed license,
certification, or registration;
(ii) determine whether an applicant meets the qualifications for licensure, certification,
or registration;
(iii) conduct any necessary hearing on an application for an original or renewed license,
certification, or registration; and
(iv) approve, approve with condition or restriction, or deny an application for an
original or renewed license, certification, or registration.
(c) Except as provided in Subsections (8)(d) and (e), and in accordance with Title 63G,
Chapter 4, Administrative Procedures Act, an applicant who is approved with a condition or
restriction or denied licensure, certification, or registration under this chapter may submit a
request for agency review to the executive director of the division within 30 days after the day
on which the board issues the order approving with a condition or restriction, or denying, the
applicant's application.
(d) If the board delegates to the division the authority to approve, approve with a
condition or restriction, or deny an application without the concurrence of the board under
Subsection (8)(b), and the division approves with a condition or restriction, or denies, an
application for licensure, certification, or registration, the applicant may, in accordance with
Title 63G, Chapter 4, Administrative Procedures Act, petition the board for a de novo review
of the application within 30 days after the day on which the division issues the order approving
with a condition or restriction, or denying, the applicant's application.
(e) If the board approves with a condition or restriction, or denies, an applicant's
application for licensure, certification, or registration after a de novo review under Subsection
(8)(d), the applicant may, in accordance with Title 63G, Chapter 4, Administrative Procedures
Act, petition the executive director for review of the board's approval with a condition or
restriction, or denial, within 30 days after the day on which the board issues the order
approving with a condition or restriction, or denying, the applicant's application.
Section 8. Section 
61-2g-301
 is amended to read:
61-2g-301.
License or certification required.
(1) Except as provided in Subsection (2), it is unlawful for a person to prepare, for
valuable consideration, an appraisal, an appraisal report, a certified appraisal report, or perform
a consultation service relating to real estate or real property in this state without first being
licensed or certified in accordance with this chapter.
(2) This section does not apply to:
(a) a principal broker, associate broker, or sales agent as defined by Section 
61-2f-102
licensed by this state who, in the ordinary course of the broker's or sales agent's business, gives
an opinion regarding the value of real estate:
(i) to a potential seller or third-party recommending a listing price of real estate; or
(ii) to a potential buyer or third-party recommending a purchase price of real estate;
(b) an employee of a company who states an opinion of value or prepares a report
containing value conclusions relating to real estate or real property solely for the company's
use;
(c) an official or employee of a government agency while acting solely within the scope
of the official's or employee's duties, unless otherwise required by Utah law;
(d) an auditor or accountant who states an opinion of value or prepares a report
containing value conclusions relating to real estate or real property while performing an audit;
(e) an individual, except an individual who is required to be licensed or certified under
this chapter, who states an opinion about the value of property in which the individual has an
ownership interest;
(f) an individual who states an opinion of value if no consideration is paid or agreed to
be paid for the opinion and no other party is reasonably expected to rely on the individual's
appraisal expertise;
(g) an individual, such as a researcher or a secretary, who does not render significant
professional assistance, as defined by the board, in arriving at a real estate appraisal analysis,
opinion, or conclusion;
(h) an attorney authorized to practice law in any state who, in the course of the
attorney's practice or tax appeal services, uses an appraisal report governed by this chapter or
who states an opinion of the value of real estate; or
(i) an individual who is not an appraiser who presents or provides a price estimate,
evidence, or property tax information solely for a property tax appeal in accordance with
Section 
59-2-1017
.
(3) An opinion of value or report containing value conclusions exempt under
Subsection (2) may not be referred to as an appraisal.
(4) Except as provided in Subsection (2), to prepare or cause to be prepared in this state
an appraisal, an appraisal report, or a certified appraisal report, an individual shall:
(a) apply in writing for licensure or certification as provided in this chapter in the form
the division may prescribe; and
(b) become licensed or certified under this chapter.
(5) Subject to rules made in accordance with Section 
61-2g-205
, a person licensed or
certified under this chapter may provide an evaluation.
Section 9. Section 
61-2g-304.5
 is amended to read:
61-2g-304.5.
Background checks.
(1) An individual applying for licensure, certification, or registration under this chapter
shall
, at the time the individual files an application for licensure
:
(a) submit 
to the division
, with the individual's application, a fingerprint card in a form
acceptable to the [
division; and
] 
Department of Public Safety;
(b) submit to the division a signed waiver in accordance with Subsection 
53-10-108
(4),
acknowledging the registration of the individual's fingerprints in the Federal Bureau of
Investigation Next Generation Identification System's Rap Back Service beginning January 1,
2020;
[
(b)
] 
(c)
 consent to a criminal background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation[
.
]
; and
(d) pay the fee the division establishes in accordance with Subsection (3)(d).
(2) Beginning January 1, 2020, each applicant for renewal or reinstatement of a license,
certification, or registration who does not have the applicant's fingerprints registered in the
Federal Bureau of Investigation Next Generation Identification System's Rap Back Service
shall, at the time the application for renewal or reinstatement is filed:
(a) submit to the division, with the individual's application, a fingerprint card in a form
acceptable to the Department of Public Safety;
(b) submit to the division a signed waiver in accordance with Subsection 
53-10-108
(4),
acknowledging the registration of the individual's fingerprints in the Federal Bureau of
Investigation Next Generation Identification System's Rap Back Service;
(c) consent to a fingerprint background check by:
(i) the Utah Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation; and
(d) pay the fee the division establishes in accordance with Subsection (3)(d).
(3) (a) The Bureau of Criminal Identification shall:
(i) check the fingerprints an applicant submits under Subsection (1) or (2) against the
applicable state, regional, and national criminal records databases, including, beginning
January 1, 2020, the Federal Bureau of Investigation Next Generation Identification System;
(ii) report the results of the background check to the division;
(iii) maintain a separate file of fingerprints that individuals submit under this section
for search by future submissions to the local and regional criminal records databases, including
latent prints;
(iv) request, beginning January 1, 2020, that the fingerprints be retained in the Federal
Bureau of Investigation Next Generation Identification System's Rap Back Service for search
by future submissions to national criminal records databases, including the Next Generation
Identification System and latent prints; and
(v) ensure that the division only receives notifications for an individual with whom the
division maintains permission to receive notifications.
(b) (i) The division shall assess an applicant who submits fingerprints under this
section a fee in an amount that the division sets in accordance with Section 
63J-1-504
 for
services that the division and the Bureau of Criminal Identification or another authorized
agency provide under this section.
(ii) The Bureau of Criminal Identification may collect from the division money for
services provided under this section.
[
(2) The division shall request that the Department of Public Safety complete a Federal
Bureau of Investigation criminal background check for each applicant through the national
criminal history system or any system that succeeds the national criminal history system.
]
[
(3) The applicant shall pay the cost of:
]
[
(a) the fingerprint card described in Subsection (1)(a); and
]
[
(b) a criminal background check.
]
(4) (a) A license, certification, [
or
] registration
, or renewal
 issued under this chapter is
conditional pending completion of a criminal background check.
(b) A license, certification, [
or
] registration
, or renewal
 issued under this chapter is
immediately and automatically revoked if a criminal background check reveals that the
applicant failed to accurately disclose a criminal history that:
(i) relates to the appraisal industry; or
(ii) includes a felony conviction based on fraud, misrepresentation, or deceit.
(c) If a criminal background check reveals that an applicant failed to accurately
disclose a criminal history other than a type described in Subsection (4)(b), the division shall
review the application and, in accordance with rules made by the division pursuant to Title
63G, Chapter 3, Utah Administrative Rulemaking Act, may:
(i) place one or more conditions on the license, certification, or registration;
(ii) place one or more restrictions on the license, certification, or registration;
(iii) revoke the license, certification, or registration; or
(iv) refer the application to the board for a decision.
(d) An individual whose conditional license, certification, or registration is
automatically revoked under Subsection (4)(b) or whose license, certification, or registration is
conditioned, restricted, or revoked under Subsection (4)(c) may appeal the action in a hearing
conducted by the board in accordance with Title 63G, Chapter 4, Administrative Procedures
Act.
(e) The board may delegate to the division or an administrative law judge the authority
to conduct a hearing described in Subsection (4)(d).
(f) The board, the division, or an administrative law judge may reverse an automatic
revocation under Subsection (4)(b) only if:
(i) the criminal history upon which the revocation was based did not occur or is the
criminal history of another individual;
(ii) at the time the applicant disclosed the applicant's criminal history, the applicant had
a reasonable good faith belief that there was no criminal history to be disclosed; or
(iii) the division failed to follow the prescribed procedure for the revocation.
(5) (a) If an individual's conditional license, certification, or registration is revoked
under Subsection (4) and the individual does not appeal the revocation in accordance with
Subsection (4)(d), the individual may not apply for a new certification, license, or registration
under this chapter for a period of 12 months after the day on which the conditional license,
certification, or registration is revoked.
(b) If an individual's conditional license, certification, or registration is revoked, the
individual appeals that revocation in accordance with Subsection (4)(d), and the revocation is
upheld, the individual may not apply for a new license, certification, or registration under this
chapter for a period of 12 months after the day on which the decision from the appeal is issued.
(6) The board may delegate to the division the authority to make a decision on whether
relief from a revocation should be granted.
(7) Money an applicant pays for the cost of the criminal background check is
nonlapsing.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
with the concurrence of the division, the commission may make rules for the administration of
this section regarding criminal background checks with ongoing monitoring.