61-2e-203 - Criminal background check -- Conditional registration -- Changes in ownership or controlling person.
61-2e-203. Criminal background check -- Conditional registration -- Changes inownership or controlling person.
(1) The division shall request the Department of Public Safety to complete a FederalBureau of Investigation criminal background check for an individual described in Subsection61-2e-202(1)(e) or (g) through the national criminal history system or any successor system.
(2) (a) The entity filing the application under Section 61-2e-202 shall pay the cost of thecriminal background check and the fingerprinting.
(b) Monies paid to the division by an entity for the cost of a criminal background checkare nonlapsing.
(3) (a) A registration issued under Section 61-2e-202 is conditional, pending completionof a criminal background check.
(b) If a criminal background check discloses that an individual described in Subsection61-2e-202(1)(e) or (g) fails to accurately disclose a criminal history, the registration isimmediately and automatically revoked.
(c) An entity whose conditional registration is revoked under this Subsection (3) isentitled to a post-revocation hearing conducted in accordance with Title 63G, Chapter 4,Administrative Procedures Act, to challenge the revocation.
(d) The board shall decide whether relief from the revocation of a registration under thisSubsection (3) will be granted, except that relief from a revocation under this Subsection (3) maybe granted only if:
(i) the criminal history upon which the revocation is based:
(A) did not occur; or
(B) is the criminal history of another individual;
(ii) (A) the revocation is based on a failure to accurately disclose a criminal history; and
(B) the entity has a reasonable good faith belief at the time of application that there is nocriminal history to be disclosed; or
(iii) the division fails to follow the prescribed procedure for the revocation.
(e) If a registration is revoked or a revocation under this Subsection (3) is upheld after apost-revocation hearing, the entity may not apply for a new registration until at least 12 monthsafter the day on which the registration is revoked.
(4) (a) An appraisal management company shall comply with this Subsection (4) if thereis a change in:
(i) an individual who owns 10% or more of the entity; or
(ii) the controlling person designated as the contact as required by Section 61-2e-201.
(b) If there is a change in an individual described in Subsection (4)(a), within 30 days ofthe day on which the change occurs, the appraisal management company shall file with thedivision:
(i) the individual's name, address, and contact information;
(ii) a statement of whether or not the individual has had a license or certificate to engagein an act related to a real estate or mortgage transaction refused, denied, canceled, or revoked inthis state or in another state; and
(iii) (A) fingerprint cards in a form acceptable to the division at the time the registrationapplication is filed; and
(B) consent to a criminal background check by the Utah Bureau of CriminalIdentification and the Federal Bureau of Investigation regarding the application.
Enacted by Chapter 269, 2009 General Session