reglab/statecodes huggingface dataset:
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 1 - General Provisions › Section 101 - Title.

61-2g-101.
Title.
This chapter is known as the "Real Estate Appraiser Licensing and Certification Act."
Renumbered and Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 1 - General Provisions › Section 103 - Other law unaffected.

Effective 5/8/2018
61-2g-103.
Other law unaffected.
This chapter may not be considered to prohibit a person licensed, certified, or registered under this chapter from engaging in the practice of real estate appraising as a professional corporation or a limited liability company in accordance with:
(1)Title 16, Chapter 11, Professional Corporation Act; or
(2)Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act.
Amended by Chapter 281, 2018 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 2 - Division and Board › Section 202 - Division service fees -- Federal registry fees.

61-2g-202.
Division service fees -- Federal registry fees.
(1) The division, with the concurrence of the board, shall establish and collect fees in accordance with Section 63J-1-504 for its services under this chapter.
(2) The division shall collect the annual registry fee established by the Federal Financial Institutions Examinations Council from those certificate holders who seek to perform appraisals in federally related transactions. The division shall transmit the fees to the federal Appraisal Subcommittee at least annually.
(3) If a person pays a fee or costs to the division with a negotiable instrument or any other payment method that is not honored:
(a) the transaction for which the payment is submitted is voidable by the division;
(b) the division may reverse the transaction if payment of the applicable fee or costs is not received in full; and
(c) the person's license, certification, or registration is automatically suspended:
(i) beginning the day on which the payment is due; and
(ii) ending the day on which payment is made in full.
Renumbered and Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 2 - Division and Board › Section 203 - Division to publish roster of appraisers.

61-2g-203.
Division to publish roster of appraisers.
(1) The division shall prepare and issue at least once each calendar year a roster of appraisers containing the information required by the Federal Financial Institutions Examination Council. The division shall transmit the roster to the Federal Financial Institutions Examinations Council at least annually.
(2) The division may, upon payment of a fee established by the division in accordance with Section 63J-1-504, issue to a person a verified history of a person:
(a) licensed, certified, or registered under this chapter; or
(b) previously registered, licensed, or certified under this chapter.
Renumbered and Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 302 - Registration as trainee.

Effective 5/13/2014
61-2g-302.
Registration as trainee.
(1) An individual shall register with the division as a trainee before the individual acts in the capacity of a trainee or earns experience for licensure.
(2) Subject to Subsection (2), the board, with the concurrence of the division, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for:
(a) the trainee registration required under Subsection (1); and
(b) renewal of a trainee registration.
Amended by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 304 - Application for licensure, certification, or registration.

61-2g-304.
Application for licensure, certification, or registration.
(1) An application for the following shall be sent to the division on a form approved by the division:
(a) original certification, licensure, or registration; and
(b) renewal of certification, licensure, or registration.
(2) The payment of the appropriate fee, as established by the division, with the concurrence of the board, in accordance with Section 63J-1-504, must accompany an application for:
(a) original certification, licensure, or registration; and
(b) renewal of certification, licensure, or registration.
(3) At the time of filing an application described in Subsection (1), an applicant shall:
(a) sign a pledge to comply with the Uniform Standards of Professional Appraisal Practice and the ethical rules to be observed by an appraiser that are established under Section 61-2g-403 for:
(i) a certified or licensed appraiser; or
(ii) a trainee; and
(b) certify that the applicant understands the types of misconduct, as set forth in this chapter, for which a disciplinary proceeding may be initiated against a person certified, licensed, or registered under this chapter.
Amended by Chapter 166, 2012 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 305 - Expiration of license, certification, or registration.

Effective 5/9/2017
61-2g-305.
Expiration of license, certification, or registration.
(1) An initial license, certification, or registration issued under this chapter expires on the expiration date indicated on the license, certificate, or registration.
(2) A renewal license, certification, or registration issued under this chapter expires two years from the date of issuance.
(3)
(a) The scheduled expiration date of a license, certification, or registration shall appear on the license, certification, or registration document.
(b)
(i) The division shall, at the division's discretion, mail or email a holder of a license, certification, or registration notice of its expiration to the last mailing or email address stated on the division's records as the holder's current mailing or email address.
(ii) To be mailed or emailed a notice under this Subsection (3)(b), a holder of a license, certification, or registration shall provide to the division in writing the holder's current mailing or email address.
(iii) A holder's license, certification, or registration expires if not renewed by the holder notwithstanding whether the holder receives a notice of its expiration by the division under this Subsection (3)(b).
Amended by Chapter 182, 2017 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 308 - Licensing, certification, or registration requirements for nonresidents -- Temporary license or certificate -- Revocation.

61-2g-308.
Licensing, certification, or registration requirements for nonresidents -- Temporary license or certificate -- Revocation.
(1) An individual applicant for licensure, certification, or registration under this chapter who is not a resident of this state shall submit with the applicant's application an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the director of the division if, in an action against the applicant in a court of this state arising out of the applicant's activities governed by this chapter in this state, the plaintiff cannot, in the exercise of due diligence, obtain personal service upon the applicant.
(2) A nonresident of this state who complies with Subsection (1) may obtain a license, a certification, or a registration in this state by complying with this chapter relating to licensure, certification, or registration.
(3)
(a) A nonresident of this state who complies with Subsection (1) may obtain a temporary permit for a license or certification to perform a contract relating to the appraisal of real estate or real property in this state.
(b) To qualify for the issuance of a temporary permit for a license or certification, an applicant shall:
(i) submit an application on a form approved by the division;
(ii) submit evidence that the applicant is licensed or certified in the state in which the applicant primarily conducts business;
(iii) certify that no formal charges alleging violation of state appraisal licensing or certification laws have been filed against the applicant by the applicant's state of domicile; and
(iv) pay an application fee in an amount established by the division with the concurrence of the board.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, with the concurrence of the board, shall make rules establishing:
(a) the duration of a temporary permit; and
(b) procedures for renewal of a temporary permit.
(5) A temporary permit issued under this section shall be immediately and automatically revoked if the appraiser's license or certification is suspended or revoked in the appraiser's state of domicile.
(6) A person whose temporary permit for a license or certification is revoked under Subsection (5) is entitled to a postrevocation hearing to challenge the revocation. The hearing shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 166, 2012 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 309 - Approval with conditions or restrictions, or denial, of licensure, certification, or registration.

Effective 5/8/2018
61-2g-309.
Approval with conditions or restrictions, or denial, of licensure, certification, or registration.
The division may, upon compliance with Title 63G, Chapter 4, Administrative Procedures Act, on any of the grounds described in this chapter:
(1) deny the issuance of a license, certification, or registration to an applicant; or
(2) approve with one or more conditions or restrictions the issuance of a license, certification, or registration to an applicant.
Amended by Chapter 213, 2018 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 310 - Reciprocal licensure.

Effective 5/13/2014
61-2g-310.
Reciprocal licensure.
(1) An applicant for licensure or certification in this state who is credentialed under the laws of any other state, territory, or district may obtain a reciprocal credential in this state if:
(a) the individual holds a current, valid credential issued by a state that, on the day on which the individual submits an application, is in compliance with Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, as determined by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council; and
(b) the credentialing requirements of that state, that are in force on the day on which the individual submits an application, meet or exceed the credentialing requirements described in this chapter and the rules made under this chapter.
(2) An individual who holds a reciprocal credential described in Subsection (1) shall comply with all statutes and rules that govern the appraisal industry in this state, including requirements relating to:
(a) the payment of fees; and
(b) continuing education.
Amended by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 311 - State-licensed appraiser -- Authority and qualifications.

Effective 5/13/2014
61-2g-311.
State-licensed appraiser -- Authority and qualifications.
(1) A state-licensed appraiser is authorized to appraise complex and noncomplex 1-4 family residential units in this state having a transaction value permitted under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and related federal regulations.
(2) A state-licensed appraiser is authorized to appraise vacant or unimproved land having a transaction value permitted under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and related federal regulations that is utilized for 1-4 family purposes or for which the highest and best use is 1-4 family purposes and subdivisions for which a development analysis/appraisal is not necessary.
(3) A state-licensed appraiser may not issue a certified appraisal report.
(4) To qualify as a state-licensed appraiser, an applicant must:
(a) be of good moral character;
(b) demonstrate honesty, competency, integrity, truthfulness, and general fitness to command the confidence of the community;
(c) pass the licensing examination with a satisfactory score as determined by the Appraisal Qualification Board;
(d) successfully complete the educational requirements established by rule in accordance with Subsection (5); and
(e) possess the experience in real property appraisal established by rule in accordance with Subsection (5).
(5)
(a) The division shall, with the concurrence of the board, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish:
(i) the educational requirements described in Subsection (4)(d); and
(ii) the experience in real property appraisal described in Subsection (4)(e).
(b) The educational and experience requirements established under Subsection (5)(a) shall meet or exceed the educational requirements and the hourly experience requirements adopted by the Appraisal Qualification Board.
Amended by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 312 - State-certified appraisers -- Authority.

Effective 5/13/2014
61-2g-312.
State-certified appraisers -- Authority.
(1) A state-certified residential appraiser:
(a) is authorized to appraise the types of real estate that a state-licensed appraiser is authorized to appraise;
(b) is authorized to appraise 1-4 unit residential real estate without regard to transaction value or complexity; and
(c) is not authorized to appraise subdivisions for which a development analysis/appraisal is necessary.
(2) A state-certified general appraiser is authorized to appraise all types of real estate and real property.
(3) A state-certified appraiser who satisfies all requirements described in this chapter and in rule made under this chapter may supervise trainees as allowed by rule.
Amended by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 313 - State-certified residential appraiser -- Authority and qualifications.

Effective 5/13/2014
61-2g-313.
State-certified residential appraiser -- Authority and qualifications.
(1) An applicant for certification as a residential appraiser shall provide to the division evidence of:
(a) the applicant's good moral character, honesty, competency, integrity, truthfulness, and general fitness to command the confidence of the community;
(b) completion of the certification examination with a satisfactory score as determined by the Appraisal Qualification Board;
(c) completion of the educational requirements established by rule in accordance with Subsection (3); and
(d) experience in real property appraisal as established by rule in accordance with Subsection (3).
(2) Upon request by the division, an applicant shall make available to the division for examination:
(a) a detailed listing of the real estate appraisal reports or file memoranda for which experience is claimed; and
(b) a sample selected by the division of appraisal reports that the applicant has prepared in the course of the applicant's appraisal practice.
(3)
(a) The division shall, with the concurrence of the board, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish:
(i) the educational requirements described in Subsection (1)(c); and
(ii) the experience in real property appraisal described in Subsection (1)(d).
(b) The educational and experience requirements established under Subsection (3)(a) shall meet or exceed the educational requirements and the hourly experience requirements adopted by the Appraisal Qualification Board.
Amended by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 314 - State-certified general appraiser -- Application -- Qualifications.

Effective 5/13/2014
61-2g-314.
State-certified general appraiser -- Application -- Qualifications.
(1) An applicant for certification as a general appraiser shall provide to the division evidence of:
(a) the applicant's good moral character, honesty, competency, integrity, truthfulness, and general fitness to command the confidence of the community;
(b) completion of the certification examination with a satisfactory score as determined by the Appraisal Qualification Board;
(c) completion of the educational requirements established by rule in accordance with Subsection (3); and
(d) experience in real property appraisal as established by rule in accordance with Subsection (3).
(2) Upon request by the division, an applicant shall make available to the division for examination:
(a) a detailed listing of the real estate appraisal reports or file memoranda for which experience is claimed; and
(b) a sample selected by the division of appraisal reports that the applicant has prepared in the course of the applicant's appraisal practice.
(3)
(a) The division shall, with the concurrence of the board, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish:
(i) the educational requirements described in Subsection (1)(c); and
(ii) the experience in real property appraisal described in Subsection (1)(d).
(b) The educational and experience requirements established under Subsection (3)(a) shall meet or exceed the educational requirements and the hourly experience requirements adopted by the Appraisal Qualification Board.
Amended by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 315 - Licensing, certification, and registration documents -- Assigned number to be used on contracts -- Surrender of documents upon suspension.

61-2g-315.
Licensing, certification, and registration documents -- Assigned number to be used on contracts -- Surrender of documents upon suspension.
(1) The division shall issue to a person licensed, certified, or registered under this chapter a document:
(a) stating that the person is licensed, certified, or registered under this chapter; and
(b) specifying the expiration date of a license or certification.
(2)
(a) A license, a certification, or a registration document issued under this chapter shall bear a license, certification, or registration number assigned by the division.
(b) An assigned number shall be used in a statement of qualification, a contract, or another instrument used by the holder of the license, certificate, or registration when reference is made to the holder's status as being licensed, certified, or registered under this chapter.
(3)
(a) A license, certification, or registration document is the property of the state.
(b) Upon a suspension or revocation of a license, certification, or registration under this chapter, the individual holding the applicable document shall immediately return the document to the division.
Amended by Chapter 166, 2012 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 3 - Licensure, Certification, or Registration › Section 316 - Surrender of license.

Effective 5/13/2014
61-2g-316.
Surrender of license.
(1) The division may, by written agreement, accept the voluntary surrender of a license issued under this chapter.
(2) Tender and acceptance of a voluntary surrender of a license under Subsection (1):
(a) does not prevent the division from pursuing additional action, including disciplinary action, that relates to the surrendered license and is authorized by this chapter or by rules made under this chapter; and
(b) terminates all rights and privileges associated with the license.
(3) A person may restore the rights and privileges described in Subsection (2)(b) only if the person reapplies for, and is granted, licensure in accordance with the requirements described in this chapter.
(4) Any documentation relating to the tender and acceptance of a voluntary surrender is a public record.
Enacted by Chapter 350, 2014 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 4 - Operational Restrictions › Section 402 - Principal place of business -- Display of documents -- Notify of changes -- Nonresidents.

61-2g-402.
Principal place of business -- Display of documents -- Notify of changes -- Nonresidents.
(1) A person licensed or certified under this chapter shall:
(a) designate and maintain a principal place of business; and
(b) conspicuously display the person's license or certification.
(2) Upon a change of a person's principal business location or home address, a person licensed or certified under this chapter shall promptly send the division a signed statement notifying the division of the change within 10 business days of the change.
(3) A nonresident licensee or certificate holder is not required to maintain a place of business in this state if the nonresident maintains an active place of business in the nonresident's state of domicile.
Amended by Chapter 166, 2012 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 4 - Operational Restrictions › Section 404 - Registration, licensure, or certification prerequisite to suit for compensation.

61-2g-404.
Registration, licensure, or certification prerequisite to suit for compensation.
A person engaged in the business of real estate appraising in this state or acting in the capacity of a real estate appraiser in this state may not bring or maintain an action as a plaintiff in a court of this state to collect compensation for the performance of real estate appraisal services for which registration, licensure, or certification is required by this chapter without alleging and proving that the person was the holder of a valid registration, license, or certification in this state at all times during the performance of the real estate appraisal services.
Renumbered and Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 4 - Operational Restrictions › Section 405 - Recordkeeping requirements.

Effective 5/12/2020
61-2g-405.
Recordkeeping requirements.
(1) Subject to Subsection (2), a person licensed or certified under this chapter shall retain for a period of five years the original or a true copy of:
(a) each written contract engaging the person's services for real estate or real property appraisal work;
(b) each appraisal report prepared or signed by the person; and
(c) the supporting data assembled and formulated by the appraiser in preparing each appraisal report.
(2) The five-year period for retention of records is applicable to each engagement of the services of the appraiser and begins upon the date of the delivery of each appraisal report to the client unless, within the five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the records must be maintained for the longer of:
(a) five years; or
(b) two years following the date of the final disposition of the litigation.
(3) Upon reasonable notice, a person licensed or certified under this chapter shall make the records required to be maintained under this chapter available to the division for inspection and copying.
Amended by Chapter 72, 2020 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 4 - Operational Restrictions › Section 406 - Contingent fees.

Effective 5/10/2016
61-2g-406.
Contingent fees.
(1) A person licensed or certified under this chapter who enters into an agreement to perform an appraisal may not accept a contingent fee.
(2) A person may accept payment of a fixed fee or a contingent fee when the person:
(a) if the person is not licensed or certified under this chapter, presents or provides a price estimate or property tax information in accordance with Section 59-2-1017; or
(b) if the person is licensed or certified under this chapter, enters into an agreement to provide consultation services.
(3) A person that accepts payment of a fee under Subsection (2) shall:
(a) clearly state in each oral statement the fact that the person is accepting payment of a fee under a contingent fee arrangement and whether the person is licensed or certified under this chapter; and
(b) clearly state in any written consultation report or summary, letter of transmittal, certification statement, price estimate, or property tax information that the document is prepared under a contingent fee arrangement and whether the person is licensed or certified under this chapter.
Amended by Chapter 384, 2016 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 4 - Operational Restrictions › Section 407 - Consultation reports -- Restrictions on use of terms.

61-2g-407.
Consultation reports -- Restrictions on use of terms.
A person who presents or provides a price estimate or property tax information in accordance with Section 59-2-1017, or prepares a written or oral consultation report, may not refer to the price estimate, property tax information, or consultation report as an appraisal, an appraisal report, or in any manner that may be interpreted as referring to an appraisal or an appraisal report.
Amended by Chapter 180, 2013 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 5 - Enforcement › Section 503 - Reinstatement of license, certification, and registration.

61-2g-503.
Reinstatement of license, certification, and registration.
(1) An individual whose license, certification, or registration is revoked under this chapter:
(a) may not apply for renewal or reinstatement of that license, certification, or registration; and
(b) may apply for licensure, certification, or registration as prescribed for an original license, certification, or registration subject to the limitations in Subsection (2).
(2) An applicant for licensure, certification, or registration under Subsection (1) is not entitled to credit for experience gained before the date of revocation in determining whether the applicant meets the experience requirement for licensure, certification, or registration.
Amended by Chapter 166, 2012 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 5 - Enforcement › Section 504 - Disciplinary hearing process.

61-2g-504.
Disciplinary hearing process.
(1) The division and board shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in conducting any disciplinary proceedings under this chapter.
(2) Before disciplinary action may be taken under this chapter, the division shall:
(a) notify the person against whom disciplinary action is sought; and
(b) commence an adjudicative proceeding.
(3) If, after the hearing, the board determines, with the concurrence of the division, that a person described in Subsection (2) violated this chapter, the board may impose disciplinary action, with the concurrence of the division, by written order as provided in Section 61-2g-502.
(4)
(a) The board may:
(i) conduct hearings with the assistance of an administrative law judge; or
(ii) delegate hearings to an administrative law judge.
(b) If a hearing is delegated by the board to an administrative law judge, the administrative law judge shall submit to the board and the director for their consideration:
(i) written findings of fact;
(ii) written conclusions of law; and
(iii) a recommended order.
(5)
(a) An applicant, licensee, certificate holder, registrant, or person aggrieved, including the complainant, may obtain judicial review of an adverse ruling, order, or decision.
(b) If an applicant, licensee, certificate holder, or registrant prevails in an appeal and the court finds that the state action is undertaken without substantial justification, the court may award reasonable litigation expenses to the applicant, licensee, certificate holder, or registrant as provided under Title 78B, Chapter 8, Part 5, Small Business Equal Access to Justice Act.
Renumbered and Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 2g - Real Estate Appraiser Licensing and Certification Act › Part 5 - Enforcement › Section 505 - Penalty for violating this chapter -- Automatic revocation.

61-2g-505.
Penalty for violating this chapter -- Automatic revocation.
(1) In addition to being subject to a disciplinary action, a person required to be licensed, certified, or registered under this chapter who violates this chapter:
(a) is guilty of a class A misdemeanor, upon a conviction of a first violation of this chapter; and
(b) is guilty of a third degree felony, upon conviction of a second or subsequent violation of this chapter.
(2) A license, certification, or registration issued by the division to a person convicted of a violation of Section 76-6-1203 is automatically revoked.
Renumbered and Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 2 - "Control shares" defined.

61-6-2.
"Control shares" defined.
(1) As used in this chapter, "control shares" means shares that except for this chapter would have voting power with respect to shares of an issuing public corporation that, when added to all other shares of the issuing public corporation owned by a person or in respect to which that person may exercise or direct the exercise of voting power, would entitle that person, immediately after acquisition of the shares (directly or indirectly, alone or as a part of a group), to exercise or direct the exercise of the voting power, including voting power pursuant to a revocable proxy, of the issuing public corporation in the election of directors within any of the following ranges of voting power:
(a) 1/5 or more but less than 1/3 of all voting power;
(b) 1/3 or more but less than a majority of all voting power; or
(c) a majority or more of all voting power.
(2) Shares entitling a person, immediately after acquisition of the shares (directly or indirectly, including pursuant to a revocable proxy or as part of a group), to exercise or direct the exercise of less than 1/5 of all voting power of the issuing public corporation in the election of directors shall not be control shares, even if acquired in a control share acquisition. Shares cease to be control shares upon their transfer to a person who is not an affiliate of the transferor or an affiliate or member of a group with which the applicable control share acquisition was made, except to the extent the shares become control shares as a result of their acquisition by the transferee.
Amended by Chapter 106, 2000 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 4 - "Interested shares" defined.

61-6-4.
"Interested shares" defined.
(1) As used in this chapter, "interested shares" means the shares of an issuing public corporation in respect of which any of the following persons may exercise or direct the exercise of the voting power of the corporation, on or after the applicable record date, in the election of directors:
(a) an acquiring person or member of a group with respect to a control share acquisition;
(b) any officer of the issuing public corporation; or
(c) any employee of the issuing public corporation who is also a director of the corporation.
(2) "Interested shares" does not mean the shares of an issuing public corporation in respect of which any of the persons described in Subsections (1)(a) through (c) may exercise or direct the exercise of the voting power of the corporation in the election of directors if the voting power is based solely on a revocable proxy given in response to a proxy solicitation made in accordance with Section 14 of the Securities Exchange Act of 1934, as amended.
Amended by Chapter 268, 1995 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 5 - Issuing public corporation defined.

61-6-5.
Issuing public corporation defined.
(1) As used in this chapter, "issuing public corporation" means a corporation, other than a depository institution, that is organized under the laws of this state and that has:
(a) 100 or more shareholders;
(b) its principal place of business, its principal office, or substantial assets within the state; and
(c)
(i) more than 10% of its shareholders resident in the state;
(ii) more than 10% of its shares owned by Utah residents; or
(iii) 10,000 shareholders resident in the state.
(2) The residence of a shareholder is presumed to be the address appearing in the records of the corporation.
(3) Shares held by banks or other depository institutions (except as trustee or guardian), brokers, or nominees shall be disregarded for purposes of calculating the percentages or numbers described in this section.
(4) As used in this chapter, "depository institution" means a depository institution or a depository institution holding company as defined in Section 7-1-103.
(5) A nonprofit corporation as defined in Section 16-6a-102 is not considered to be an issuing public corporation for purposes of this chapter.
Amended by Chapter 315, 2007 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 6 - Optional exemption from this chapter.

61-6-6.
Optional exemption from this chapter.
A corporation's articles of incorporation or bylaws may provide that this chapter does not apply to control share acquisitions of shares of the corporation. To be effective, any such provision must have been adopted prior to the control share acquisition. Absent such a provision, control shares of an issuing public corporation acquired in a control share acquisition have only such voting rights as are conferred by Section 61-6-10.
Enacted by Chapter 2, 1987 Special Session 1
Enacted by Chapter 2, 1987 Special Session 1
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 7 - Statement by acquiring person.

61-6-7.
Statement by acquiring person.
Any person who proposes to make or has made a control share acquisition may deliver an acquiring person statement to the issuing public corporation at the issuing public corporation's principal office. The acquiring person statement shall set forth all of the following:
(1) the identity of the acquiring person and each other member of any group of which the person is a part for purposes of determining control shares;
(2) a declaration that the acquiring person statement is given pursuant to this chapter;
(3) the number of shares of the issuing public corporation owned (directly or indirectly) by the acquiring person and each other member of the group;
(4) the range of voting power under which the control share acquisition falls or would, if consummated, fall; and
(5) if the control share acquisition has not taken place:
(a) a description in reasonable detail of the terms of the proposed control share acquisition; and
(b) a statement by the acquiring person supported by reasonably detailed facts that the proposed control share acquisition, if consummated, will not be contrary to law, and that the acquiring person has the financial capacity to make the proposed control share acquisition.
Enacted by Chapter 2, 1987 Special Session 1
Enacted by Chapter 2, 1987 Special Session 1
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 8 - Special meetings to consider voting rights -- Time limits -- Annual meetings.

61-6-8.
Special meetings to consider voting rights -- Time limits -- Annual meetings.
(1) Upon delivery of an acquiring person statement under Section 61-6-7, an acquiring person may request a special meeting of shareholders if the acquiring person gives an undertaking to pay the corporation's expenses of the special meeting within 10 days after the date of the meeting. After receiving the request, the directors of the issuing public corporation shall call a special meeting of shareholders of the issuing public corporation for the purpose of considering the voting rights to be accorded the shares acquired or to be acquired in the control share acquisition.
(2) Unless the acquiring person agrees in writing to another date, the special meeting of shareholders shall be held within 50 days after receipt by the issuing public corporation of the request.
(3) If no request is made, the voting rights to be accorded the shares acquired in the control share acquisition shall be presented to the next special or annual meeting of shareholders.
(4) If the acquiring person so requests in writing at the time of delivery of the acquiring person statement, the special meeting may not be held sooner than 30 days after receipt by the issuing public corporation of the acquiring person statement.
Enacted by Chapter 2, 1987 Special Session 1
Enacted by Chapter 2, 1987 Special Session 1
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 9 - Notice of special or annual meetings to consider voting rights.

61-6-9.
Notice of special or annual meetings to consider voting rights.
(1) If a special meeting is requested, notice of the special meeting of shareholders shall be given as promptly as reasonably practicable by the issuing public corporation to all shareholders of record as of the record date set for the meeting, whether or not they are entitled to vote at the meeting.
(2) Notice of the special or annual shareholder meeting at which the voting rights are to be considered must include or be accompanied by the following:
(a) a copy of the acquiring person statement delivered to the issuing public corporation; and
(b) a statement by the board of directors of the corporation, authorized by its directors, of its position or recommendation, or that it is taking no position or making no recommendation, with respect to the proposed control share acquisition.
Enacted by Chapter 2, 1987 Special Session 1
Enacted by Chapter 2, 1987 Special Session 1
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 10 - Voting rights -- Approval.

61-6-10.
Voting rights -- Approval.
(1) Control shares acquired in a control share acquisition have the same voting rights as were accorded the shares before the control share acquisition only to the extent granted by resolution approved by the shareholders of the issuing public corporation.
(2) To be approved under this section, the resolution shall be approved:
(a) by each voting group entitled to vote separately on the proposal by a majority of all the votes entitled to be cast by that group, excluding all interested shares; and
(b) by each class of outstanding shares by a majority of all the holders of the outstanding shares of the class, if the proposed control share acquisition would, when fully implemented, result in any of the changes described in Section 16-10a-1004.
Amended by Chapter 277, 1992 General Session
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 11 - Shares subject to redemption.

61-6-11.
Shares subject to redemption.
(1) If authorized in a corporation's articles of incorporation or bylaws before a control share acquisition has occurred, an issuing public corporation may redeem, at fair market value, control shares acquired in a control share acquisition with respect to which no acquiring person statement has been filed with the issuing public corporation. Any such redemption shall be consummated according to the procedures adopted by the corporation and shall take place at any time within 60 days after the last acquisition of control shares by the acquiring person.
(2) Control shares acquired in a control share acquisition are not subject to redemption after an acquiring person statement has been filed, unless the shares are not accorded full voting rights by the shareholders as provided in Section 61-6-10.
Enacted by Chapter 2, 1987 Special Session 1
Enacted by Chapter 2, 1987 Special Session 1
2023 Utah Code › Title 61 - Securities Division - Real Estate Division › Chapter 6 - Control Shares Acquisitions Act › Section 12 - Dissenter's rights.

61-6-12.
Dissenter's rights.
(1) Unless otherwise provided in a corporation's articles of incorporation or bylaws before a control share acquisition has occurred, in the event control shares acquired in a control share acquisition are accorded full voting rights and the acquiring person has acquired control shares with a majority or more of all voting power, all shareholders of the issuing public corporation have dissenter's rights as provided in this chapter.
(2) As soon as practicable after such events have occurred, the board of directors shall cause a notice to be sent to all shareholders of the corporation advising them of the facts and that they have dissenter's rights to receive the fair value of their shares under Sections 16-10a-1301 through 16-10a-1331.
(3) As used in this section, "fair value" means a value not less than the highest price paid per share by the acquiring person in the control share acquisition.
Amended by Chapter 277, 1992 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2021
63A-1-101.
Title.
(1) This title is known as the "Utah Government Operations Code."
(2) This chapter is known as "Department of Government Operations."
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 102 - Purposes.

Effective 7/1/2021
63A-1-102.
Purposes.
The department shall:
(1) provide specialized agency support services commonly needed;
(2) provide effective, coordinated management of state government operations services;
(3) serve the public interest by providing services in a cost-effective and efficient manner, eliminating unnecessary duplication;
(4) enable administrators to respond effectively to technological improvements;
(5) emphasize the service role of state administrative service agencies in meeting the service needs of user agencies;
(6) use flexibility in meeting the service needs of state agencies; and
(7) protect the public interest by ensuring the integrity of the fiscal accounting procedures and policies that govern the operation of agencies and institutions to assure that funds are expended properly and lawfully.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 103 - Definitions.

Effective 7/1/2021
63A-1-103.
Definitions.
As used in this title:
(1) "Agency" means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state.
(2) "Department" means the Department of Government Operations.
(3) "Executive director" means the executive director of the Department of Government Operations.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 104 - Creation of department.

Effective 7/1/2021
63A-1-104.
Creation of department.
There is created within state government the Department of Government Operations, to be administered by an executive director.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 105 - Appointment of executive director -- Compensation.

Effective 5/12/2020
63A-1-105.
Appointment of executive director -- Compensation.
(1) The governor shall:
(a) appoint the executive director with the advice and consent of the Senate; and
(b) establish the executive director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall serve at the pleasure of the governor.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 1 - Department of Government Operations › Part 1 - General Provisions › Section 105.5 - Rulemaking authority of executive director.

Effective 5/4/2022
63A-1-105.5.
Rulemaking authority of executive director.
The executive director may, upon the recommendation of the appropriate division directors or the director of the Office of Administrative Rules, make rules consistent with state and federal law, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing:
(1) services of the department; and
(2) the provision and use of services furnished to state agencies and institutions.
Amended by Chapter 169, 2022 General Session