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									            APPRAISER LICENSING AND CERTIFICATION BOARD
                      HEBER M. WELLS BUILDING
                      ROOM 210, SECOND FLOOR
                             May 25, 2005
                              9:00 a.m.


                                     MINUTES

STAFF MEMBERS PRESENT
Dexter Bell, Division Director
Mark Fagergren, Education/Licensing Director
Jon Brown, Enforcement Director
Dee Johnson, Investigator
Shelley Wismer, Assistant Attorney General
Renda Christensen, Board Secretary
Jim Bolton, Investigator
Carla Westbroek, Division Staff

BOARD MEMBERS PRESENT
Lynn Christensen, Chairman
J. Phillip Cook, Vice Chair
Jennifer Szczypkowski, Board Member
Holly Christensen, Board Member
Craig Morley, Board Member

GUESTS
Ron Smith

The May 25, 2005 meeting of the Appraiser Licensing and Certification Board began at
9:00 a.m. with Chair Lynn Christensen conducting.

PLANNING AND ADMINISTRATIVE MATTERS
The minutes were reviewed and found there needed to be two clarifications. On the
bottom of page 2, the correct sentence should read “…to sit for the exam to a 24 month
period from the time of permission to sit for the exam.” The next sentence is now
clarified to read, “The Board also approved an amendment to Rule 162-105 that would
impose a requirement…” A motion was made and passed to approve the minutes with
these corrections.

DIVISION REPORTS
ENFORCEMENT REPORT, Jon Brown
Mr. Brown reported in March 7 cases were logged, 7 cases opened, 11 cases closed,
leaving 77 cases open. April showed 8 cases logged, 1 case opened, no cases closed,
leaving 78 cases open. Mr. Brown stated the stipulations being presented today, if
accepted, will close approximately 5 cases.



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Mr. Brown said Mr. Johnson, Mr. Fagergren and himself recently attended the AARO
Convention in St. Louis, MO. While they were back there, they also attended a
conference put on by the federal government that covered the educational rules going into
effect in 2008. At this meeting, they were given the Appraisal Subcommittee Annual
Report. Their report recommended the Boards be more rounded by having at least one
public member. The Subcommittee would like to attend the closed hearings while they
are here doing their audits.

DIRECTOR’S REPORT, Dexter Bell
Director Bell said Ms. Wismer had several rules to discuss. In the last meeting, the
Board authorized the Division to start into the rulemaking process R162-107,
Unprofessional Conduct. The public comment period is now over. The rule covers the
trainee being paid by the firm, not by the client, and prohibiting the trainee from
accepting the assignment. A motion was passed to accept the rule as written.

There was lengthy discussion regarding R162-107.1.6. It was agreed Ms. Wismer will
work on a draft to say a trainee can be paid proportionate to the work actually performed,
then strike out salary or reasonable rate.

Ms. Wismer presented R162-102-1, Application. The Board authorized the Division to
start the rulemaking process, and the public comment period is now over. The rule limits
the time to sit for the exam after permission has been given. A motion was passed to
accept the rule as written.

Ms. Wismer handed out a rule change that was discussed in the last meeting. Rule 162-
106-9, Inspections, would require a statement in a report to clarify who did the appraisal,
names of all who participated in the inspection, whether each inspection was only an
exterior, or both an exterior and interior inspection, and the date that each inspection was
performed. A motion was passed to start the rule in the rulemaking process.

Mr. Fagergren said yesterday the Appraiser Board Education Committee met yesterday
and discussed approximately 75 courses that had been submitted. A number of these
courses were approved for either CE or qualifying education. He handed out a summary
from the AQB that will be the required core curriculum effective January 1, 2008. There
are two types of options available: integrated and modular. The integrated approach
means if a person applies after January 1, 2008, the Division would check each item of
discussion in their 300 hours of education. If one hour was missed, the education will be
rejected for being deficient. Twelve states have accepted this option.

The second option is the modular approach. The Education Committee and the Division
recommended this approach be adopted. This approach would only approve courses that
meet the AQB requirements. Each course would be uniform and cover all the
information required by the AQB. The Committee suggested the providers be notified of
their courses being approved, but the certificates would carry a statement, in bold writing,
similar to, “This course is approved. However, if the student does not use this course and
apply prior to January 1, 2008, this education will not be valid after that date.” Each



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provider would be contacted by the Division to let them know they have the right to adapt
the course curriculum to adapt the course to the new AQB requirements. If the provider
submits a new amended course, the certificate would have the “warning” statement
removed.

There are three parts to being licensed: education, experience, and exam. Two
approaches can be used, either the firm date approach, or the segmented approach. The
Board voted to use the firm date approach which would require an applicant to have all
three of these parts completed prior to January 1, 2008. Mr. Fagergren said Ron Smith
was present and wanted to discuss the option of using the segmented approach. This
approach would allow any one of the three parts completed, as acceptable under the old
requirements. The parts that were not completed would fall under the new requirements.

Mr. Smith wanted to present two ideas to the Board. The first would be to have the
Board to meet monthly to prevent someone from having to wait the month the Board
doesn’t meet. The meeting would be for the sole purpose to approve those that had
applied to move on to the next license or certification. The second idea would be to have
the Board accept the segmented approach instead of the firm date approach.

Mr. Fagergren said these changes are intended to upgrade the industry. He said if a
person misses the deadline, they will be required to obtain additional education to make
them competent. Currently, there are 190 trainees in the system. The new requirements
were published in last years newsletter to give everyone notice of the changes.

Ms. Szczypkowski suggested the Board have a conference call meeting on the months the
Board does not meet. The Division would fax the list to the Board before the conference
call, so the sole purpose of the call would be for the Board to vote on the list.

LICENSING HEARING

10:40 Michelle L. Kimball – Application to sit for State Licensed Appraiser Exam
      Bette Jacobsen, Supervisor

OTHER BUSINESS
Ms. Wismer presented another rule draft for the Board’s review. R162-106-3,
Signatures and Use of Seal, would have the part in the rule currently requiring specifics
on what has to be on the seal, etc. removed because recent legislation eliminated the
requierment of a seal. A motion was passed to accept the draft as written.

LICENSING/EDUCATION REPORT, Mark Fagergren
Mr. Fagergren presented a list of Reviewers who get continuing education for their
volunteered expertise. Mr. Cook brought up the subject of reviewers either getting a
compensation for CE credit or indemnity. Mr. Ferguson and Ms. Wismer said Mr. Cook
might be referring to the Governmental Immunity Act. Mr. Fagergren said there is an
Administrative Rule giving the Board the ability to award CE credit to members of the
Education Committee or Experience Review Committee who volunteer time for these



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reviews. Mr. Ferguson said that reviewers receiving anything of value would prevent
them from being considered as a volunteer, and they would not get governmental
immunity. The Board would like the Division to contact the individuals, and have agreed
to table the list until the next meeting.

Mr. Fagergren brought up the issue of someone coming in from another state trying to get
a license in Utah, but not through reciprocity. He said verifying the education would not
be a difficult thing, but using out-of-state experience would be difficult. Currently, he is
instructing the person to submit Utah experience. Mr. Bolton brought up that Utah law
has a 3 year listing history which wouldn’t be provided in out-of-state appraisals.

Mr. Fagergren would like to propose a rule that real estate education should not be used
for continuing education credit. Approximately one-third of the licensees are taking
elementary, easy real estate education and submitting it for their renewals. He is
concerned the licensees that need the education the most are taking the easy way out, and
not taking appraisal CE. The Board would like to see a draft of the rule for the next
meeting.

List of Lesser Criminal Convictions
Keith M. Beckstead

Certified and Licensed Appraiser Applicants Approved by both Education and
Experience Review Committees:
David Mark Anderson, CG Candidate. Mr. Cook has recused himself.
Carl Bassett, LA Candidate
Adam Burris, LA Candidate
DeeDee K. Kimber, CG Candidate
Linda Little, CR Candidate
Kevin L. Nielsen, LA Candidate
Erik Alain Turpin, LA Candidate
William T. Kowalowski, III, LA Candidate
Kirk S. Barker, CG Candidate
Rick Brower, LA Candidate
Chris Isom, LA Candidate
Kammie Lee LeFevre, CG Candidate. Mr. Cook has recused himself.
Jesse Messer, CR Candidate
Howard L. Randall, LA Candidate
Clint Urry, LA Candidate
Ambria L. Spencer, LA Candidate

Stipulations
Nancy L. Finch
Thomas R. Gray
William V. Rosqvist




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A motion was made, seconded, and approved to go into Executive Session at 12:20 p.m.
The meeting continued at 12:40 p.m.

EXECUTIVE SESSION
Results of Executive Session
Michelle L. Kimball – Approved her education and stipulated that she purchase the 12th
edition of the Appraisal Real Estate book.

On the list submitted to the Board by the Division for the Board’s decision of Certified
and Licensed Appraiser Applicants, it was decided to approve the list as follows:
Certified and Licensed Appraiser Applicants Approved by both Education and
Experience Review Committees:
David Mark Anderson, CG Candidate
Carl Bassett, LA Candidate
Adam Burris, LA Candidate
DeeDee K. Kimber, CG Candidate
Linda Little, CR Candidate
Kevin L. Nielsen, LA Candidate
Erik Alain Turpin, LA Candidate
William T. Kowalowski, III, LA Candidate
Kirk S. Barker, CG Candidate
Rick Brower, LA Candidate
Chris Isom, LA Candidate
Kammie Lee LeFevre, CG Candidate
Jesse Messer, CR Candidate
Howard L. Randall, LA Candidate
Clint Urry, LA Candidate
Ambria L. Spencer, LA Candidate

List of Lesser Criminal Convictions:
Keith M. Beckstead - Approved

Stipulations
Nancy L. Finch - Approved
Thomas R. Gray - Approved
William V. Rosqvist - Approved

OTHER ITEMS FOR DISCUSSION
The Board has passed a motion to accept the modular approach.
The Board also agreed with holding telephone conference calls every other month to
review the applicant list.

A motion was made, seconded, and unanimously passed to adjourn. There being no
further business to discuss, the meeting adjourned at 12:50 p.m.




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