61-2e-203. Criminal background check -- Conditional registration -- Changes in ownership or controlling person.
(1) The division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for an individual described in Subsectionorthrough the national criminal history system or any successor system. 61-2e-202(2)(e) (g)
(2) The entity filing the application under Sectionshall pay the cost of the criminal background check and the fingerprinting. 61-2e-202 Money paid to the division by an entity for the cost of a criminal background check is nonlapsing.
(3) A registration issued under Sectionis conditional, pending completion of a criminal background check. 61-2e-202 A registration shall be immediately and automatically revoked if a criminal background check discloses that an individual described in Subsectionorfails to accurately disclose a criminal history involving: 61-2e-202(2)(e) (g) the appraisal industry; the appraisal management industry; or a felony conviction on the basis of an allegation of fraud, misrepresentation, or deceit. If a criminal background check discloses that an individual described in Subsectionorfails to accurately disclose a criminal history other than that described in Subsection, the division shall review the application, and in accordance with rules made by the division pursuant to, may: 61-2e-202(2)(e) (g) (3)(b)(i) Title 63G, Chapter 3, Utah Administrative Rulemaking Act place a condition on a registration; place a restriction on a registration; revoke a registration; or refer the application to the board for a decision. An entity whose conditional registration is revoked under Subsectionor whose license is conditioned, restricted, or revoked under Subsectionis entitled to a post-revocation hearing conducted in accordance with, to challenge the revocation. (3)(b)(i) (3)(b)(ii) Title 63G, Chapter 4, Administrative Procedures Act The board shall decide whether relief from the revocation of a registration under this Subsectionwill be granted, except that relief from an automatic revocation under Subsectionmay be granted only if: (3) (3)(b)(i) the criminal history upon which the revocation is based: did not occur; or is the criminal history of another individual; the revocation is based on a failure to accurately disclose a criminal history; and the entity has a reasonable good faith belief at the time of application that there is no criminal history to be disclosed; or the division fails to follow the prescribed procedure for the revocation. The board may delegate to the division the authority to conduct a post-revocation hearing under Subsection. (3)(d) If a registration is revoked or a revocation under this Subsectionis upheld after a post-revocation hearing, the entity may not apply for a new registration until at least 12 months after the day on which the registration is revoked. (3)
(4) An appraisal management company shall comply with this Subsectionif there is a change in: (4) an individual who owns 10% or more of the entity; or the controlling person designated as the contact as required by Section. 61-2e-201 If there is a change in an individual described in Subsection, within 30 days of the day on which the change occurs, the appraisal management company shall file with the division: (4)(a) the individual's name, address, and contact information; a statement of whether or not the individual has had a license or certificate to engage in an act related to a real estate or mortgage transaction refused, denied, canceled, surrendered in lieu of revocation, or revoked in this state or in another state, territory, or the District of Columbia; and fingerprint cards in a form acceptable to the division at the time the registration application is filed; and consent to a criminal background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.