Title 37, Title 37

(1) Each appraisal management company shall designate one individual as the main contact for communication between the board and the appraisal management company. An appraisal management company may designate a controlling person of the company as the contact individual. (2) The …

An appraisal management company may not: (1) employ a person who may have any responsibility in ordering appraisal reports, providing quality control testing for appraisal reports, or communicating with appraisers regarding any potential appraisal report deficiencies who has had …

An employee or independent contractor of the appraisal management company that performs an appraisal review for a property located in this state: (1) must be an appraiser licensed or certified in this state; and (2) shall comply with the review provisions of the uniform standards…

An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the uniform standards of professional appraisal practice, is violating applicable laws, or is otherwise engaging in unethical or unprofessional conduct shall refer the ma…

(1) An appraisal management company registered in this state pursuant to this chapter may not enter into contracts or agreements with an individual for the performance of appraisals unless the company obtains verification that the individual is licensed or certified to perform ap…

Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that the appraisal management company has a system and process in place to verify that all appraisers on the appraisal panel of the appraisal management company …

Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that the appraisal management company has a system in place to verify that an appraiser to whom the appraisal management company is making an assignment for the …

Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that it has a system in place to perform on an annual basis an appraisal review of the work of all appraisers who are performing appraisals for the appraisal man…

Upon renewal, not less than 10% of the appraisal management companies in this state must be subjected to a random audit. Audited appraisal management companies shall submit the recordkeeping documentation described in 37-54-513 for the 12-month period prior to renewal and any oth…

Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that it has retained the following documentation in accordance with the recordkeeping provisions of the uniform standards of professional appraisal practice and …

(1) An employee, director, officer, or agent of an appraisal management company registered in this state may not influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation,…

Each appraisal management company registered in this state shall, except in cases of breach of contract, pay an appraiser for the completion of an appraisal or valuation assignment within 60 days of the date on which the appraiser transmits or otherwise provides the completed app…

An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by an appraiser unless the alteration is mandated by federal laws, guidelines, or provisions. This section does not apply to the conversion of appraisal reports to da…

The department shall publish annually a list of appraisal management companies that have registered with the department pursuant to this chapter.

(1) An appraisal management company registered in this state shall disclose its registration number on its engagement letter for each appraisal assignment. (2) An appraiser shall list the appraisal management company's approved registration number in the body of the appraisal rep…

An appraisal management company engages in unprofessional conduct if it: (1) requires an appraiser to modify any aspect of an appraisal report other than those items identified by a quality control examination, including items that are found to be incomplete within the defined sc…

As used in this part, the following definitions apply: (1) "Department" means the department of labor and industry. (2) (a) "Home inspection" means a physical examination of a residential dwelling to identify major defects in various attributes of or attachments to the dwelling, …

(1) The department may adopt rules necessary to implement this part. (2) The fees collected under this part in accordance with 37-1-134 must be deposited in a special revenue account for administration and enforcement of this part.

(1) An individual may not practice home inspection without a home inspector license issued under Title 37, chapter 1, and this part. (2) An applicant for a home inspection license must have: (a) successfully completed a minimum of 40 hours of comprehensive home inspection instruc…

(1) A home inspector shall issue a written home inspection report to a client after completing a home inspection unless the client agrees in writing to release the home inspector from this obligation. (2) The home inspection report must clearly identify and describe: (a) the insp…

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17. (2) "Property manager" means an individual who engages in the business …

(1) The department shall: (a) license and renew the licenses of qualified applicants; and (b) adopt rules related to: (i) eligibility requirements and competency standards; (ii) license fees; and (iii) defining unprofessional conduct that is not included in 37-1-410. (2) The depa…

A person may not practice as a property manager unless actively licensed under Title 37, chapter 1, and this part.

(1) The property manager licensing provisions of this part do not apply to: (a) an owner of a business entity that owns the property; (b) an owner of a business entity that manages the property for an owner that is exempt under subsection (1)(a). However, all owners of the busine…

(1) An applicant for a property manager license must: (a) be at least 18 years of age; (b) have graduated from an accredited high school or completed an equivalent education as determined by the department; (c) apply for licensure to the department; (d) have successfully complete…

(1) An employee of the department may issue a citation to a property manager responsible for maintenance of a trust account for failure to comply with trust account maintenance requirements as provided by rule under 37-1-319(3). (2) The citation must include: (a) the time and dat…

A property manager shall maintain a designated physical office. The designated address of the property manager must be indicated on the property manager's license. The property manager shall notify the department of a new address within 10 days.

(1) It is unlawful for a licensed property manager to employ or compensate, directly or indirectly, a person who is not a licensed property manager for performing the acts regulated by this part. (2) A person seeking to collect compensation for the lease of real estate shall demo…

(1) A property manager of four or more dwelling units that requires an application fee prior to the rental of a dwelling unit shall refund the application fee within a reasonable period of time if the applicant does not become a party to a signed rental agreement for the dwelling…

As used in this chapter, the following definitions apply: (1) "Armed" means an endorsement authorizing a private investigator or a private security guard to possess and use one or more firearms in the performance of professional duties according to training and reporting requirem…

The purpose of this chapter is to regulate the qualifications and standards of practice of private security firms, electronic security firms, private investigators, private security firearms instructors, private security guards, registered process servers, and security alarm inst…

An employee of a private security firm may not make any investigation or investigations except those that are incidental to the theft, loss, embezzlement, misappropriation, or concealment of any property or any other thing that the employee has been hired or engaged to protect, g…

(1) This chapter does not apply to: (a) an individual employed singly and exclusively by an employer other than a private security firm in connection with the affairs of that employer only and when there exists an employer-employee relationship and the employee is unarmed, does n…

The department shall adopt and enforce rules: (1) establishing the qualifications for licensure and standards of practice for licensees under this chapter and for registered process servers under Title 25, chapter 1, part 11; (2) for the approval of weapons; (3) requiring license…

(1) Unless licensed under Title 37, chapter 1, and this chapter, a person may not practice as: (a) a private security firm; (b) an electronic security firm; (c) a private investigator; (d) a security alarm installer; (e) a private security firearms instructor; or (f) a private se…

(1) An applicant for licensure as a private investigator, private security firearms instructor, private security guard, registered process server, or security alarm installer shall submit evidence satisfactory to the department that the applicant: (a) is at least 18 years of age;…

(1) An applicant for licensure under this chapter must complete an application on a form, pay a fee prescribed by the department, and include other information, evidence, statements, or documents as may be prescribed by the rules of the department. (2) On verification of each app…

(1) A license must at all times be posted in a conspicuous place in the principal place of business of the licensee. (2) A holder of an identification card shall carry the card while performing the cardholder's duties. A peace officer of this state or any of its political subdivi…

(1) A license issued under this chapter is not transferable. (2) A licensee shall notify the department within 5 days of any change in its officers or directors, name, address, employment, or other material change in the information previously furnished or required to be furnishe…

(1) The fees collected by the department must be deposited in the state special revenue fund established to administer the provisions of this chapter, subject to 37-1-101(6). (2) The department shall keep an accurate account of funds received and vouchers issued by the department…

A licensee is at all times legally responsible for the good conduct in the business of each employee, including the manager.

(1) A licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or county attorney or representative of the county attorney any information that the licensee or officer, director, partner, or manager of a licensee may acquire as t…

Every advertisement by a licensee soliciting or advertising business must contain the licensee's name, address, and license number as they appear in the records of the department.

Each private security firm, electronic security firm, and private investigator shall maintain and produce, on department request, employment and training records as prescribed by department rule.

The weapons to be carried by armed licensees or holders of identification cards as private security personnel or private investigators must be approved by the department.

(1) The department shall establish rules regulating uniforms, badges, identification cards, emblems, patches, insignias, or other devices that may be worn or displayed on uniforms, vehicles, or equipment used by any private security firm, electronic security firm, or private inve…