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[0:02]
Good morning. I've just started the
[0:03]
recording for y'all.
[0:06]
>> Thank you.
[0:08]
Can you hear me? Okay.
[0:10]
>> Yes.
[0:12]
>> New computer, so I was just checking.
[0:27]
» Michael, do we have a quorum?
[0:35]
Yes, chair. I think you've got at least
[0:37]
four here.
[0:39]
>> Okay.
[0:46]
All right. Listening on a jack. We could
[0:49]
we can begin. Um,
[0:55]
welcome. This is the
[0:58]
July 29th at 9:00 a.m. for the appraisal
[1:03]
division of real estate board meeting.
[1:06]
Um, we're going to call it to order.
[1:11]
Uh, first uh consideration on the agenda
[1:13]
is for the approval of the minutes from
[1:16]
the board meeting on June 24th, 2026.
[1:20]
Have the board members had an
[1:21]
opportunity to review the minutes? And
[1:25]
if so, I'll look for a motion.
[1:30]
>> I put forward a motion to approve the
[1:32]
minutes.
[1:35]
>> Second.
[1:36]
>> There's been a motion to approve and
[1:38]
second. All in favor say I.
[1:40]
>> I.
[1:44]
>> Any naysay?
[1:46]
Uh the minutes pass.
[1:49]
Uh, moving on to item agenda number two,
[1:52]
public comment. Uh, it is now open for
[1:57]
public comment. Is there anyone in the
[1:59]
public that would like to make a comment
[2:00]
at this point?
[2:12]
I don't see a hand or an indicator.
[2:16]
Is that correct? Anyone else see
[2:18]
anything?
[2:20]
>> I don't.
[2:20]
>> I do not.
[2:22]
>> Okay.
[2:24]
All right. Well, we'll close public
[2:26]
comment and we'll move on to item agenda
[2:30]
number three, division real estate
[2:32]
reports. And we'll begin with the
[2:33]
director's report. Uh, director Viea.
[2:38]
>> Thank you, Chair. Um, the first thing I
[2:40]
wanted to note is we're joined today by
[2:43]
the board's new council, Assistant
[2:45]
Attorney General Elliot Clark. So, uh,
[2:49]
Elliott is here with us on the call. Um,
[2:52]
previous to this, Elliot um had started
[2:55]
representing the real estate commission
[2:57]
as the commission's council um and has
[3:00]
been an incredible resource for them so
[3:02]
that they have their own legal counsel
[3:04]
when they have any questions arise, any
[3:07]
legal questions or need for legal
[3:08]
advice. Um, and so I'm really excited
[3:11]
for y'all to have him uh as a resource
[3:13]
for you moving forward. Um, I wanted to
[3:17]
touch on something that um, we received
[3:21]
from the appraisal subcommittee recently
[3:24]
that we're very excited about. Um so I
[3:27]
think last time you met um we discussed
[3:32]
that the appraisal subcommittee was uh
[3:35]
conducting its routine 2-year compliance
[3:39]
review of the division's appraiser and
[3:41]
appraisal management company regulatory
[3:44]
programs.
[3:45]
um that consists of um a a transfer of
[3:50]
documents and answering questionnaires
[3:52]
and then um program managers from the
[3:55]
ASC come on site with us and um review
[3:59]
more files and ask questions. Um they
[4:03]
then issue a preliminary finding uh and
[4:06]
report to which we can respond. um those
[4:09]
are not public documents but then they
[4:10]
issue their final report and finding
[4:13]
which we now have and I'm happy to
[4:16]
report that the division's appraiser and
[4:19]
AMC regulatory programs both received a
[4:22]
rating of good which is the second
[4:24]
highest rating and I will share with you
[4:27]
right now
[4:29]
um my screen
[4:32]
if I can let's see
[4:36]
um sorry about that actually I don't
[4:40]
think I can share this um I was going to
[4:42]
share with you the um ASC finding levels
[4:46]
you have excellent good then needs
[4:49]
improvement
[4:51]
not satisfactory and then poor and they
[4:55]
all come with different levels of
[4:56]
monitoring and if a state um if their
[5:00]
programs are rated poor it can have some
[5:02]
serious consequences in terms of the
[5:04]
validity validity excuse me of that
[5:06]
state's credential and the reciprocity
[5:09]
of those credentials and things like
[5:10]
that. But um we've been rated good. I
[5:13]
checked the ASC website this morning and
[5:16]
our um final reports have not yet made
[5:19]
it to their website, but I think they
[5:21]
should be there soon. But I'll circulate
[5:23]
these two board members following this
[5:26]
meeting so that you can read it for
[5:27]
yourself. But um I want to shout out um
[5:31]
the division staff on this. They
[5:34]
literally did everything here. not only
[5:36]
the leg work in the past couple years to
[5:39]
um make sure that we were really um
[5:42]
paying attention to our compliance to
[5:44]
the ASC policy statements, but even
[5:47]
during the compliance review, I mean um
[5:49]
our our staff, especially Bin Kalin, and
[5:52]
Michael Jenko, um I really didn't do
[5:56]
much when it came to this compliance
[5:57]
review. They kind of ran the whole show.
[5:59]
So, um, and also they're they're, uh,
[6:02]
our head of licensing and education,
[6:04]
Laurel North. Have to shout shout her
[6:06]
out as well, um, for for her work. So,
[6:10]
um, yeah, something we're really excited
[6:11]
about, excited to be able to, um, to
[6:14]
report to you. So, um, moving on to, um,
[6:19]
board member Jensen is, um, has
[6:22]
continued to serve with us, um, until we
[6:25]
find a replacement. Uh Mike Jenko is
[6:28]
actively working on that. We are looking
[6:30]
for a representative of a registered
[6:33]
AMC. So the AMC does need to be
[6:35]
registered in Utah under our AMC law. Um
[6:40]
uh Jenko is going to send out a
[6:43]
communication to registered AMC's and
[6:45]
then we think the application window is
[6:47]
going to be about 2 weeks. Um and folks
[6:50]
can apply just as you all did on the
[6:53]
state boards and commissions website. Um
[6:55]
technically the application window
[6:57]
they're able to apply right now. So if
[6:59]
you know someone from an AMC who you
[7:01]
think would be a great addition to the
[7:03]
board um please encourage them to apply
[7:06]
and then we're going to follow the same
[7:07]
process we did with most of y'all. Hold
[7:10]
some interviews and then make a
[7:11]
recommendation um up the chain. Um so I
[7:15]
want to thank board member Jensen for
[7:17]
his patience and continued service with
[7:19]
us. We will certainly miss you when we
[7:21]
do find a replacement. Um but that is is
[7:24]
the update on that process. Um I
[7:27]
received notice yesterday that they have
[7:30]
extended the comment period on the
[7:34]
second exposure draft of proposed
[7:37]
changes to the real property appraiser
[7:39]
qualification criteria until August 30th
[7:44]
of 2026. So I did want to let the board
[7:47]
know about that. Let anyone joining us
[7:49]
from the public know about that. Like I
[7:51]
said, I just received notice of this
[7:52]
yesterday. I think the previous
[7:55]
deadline. I'm not sure. Brien, you might
[7:57]
need to remind me. I think it was the
[7:59]
end of this month potentially.
[8:02]
>> It was Monday.
[8:03]
>> Monday. Monday. So, I think this is good
[8:05]
news.
[8:06]
>> Past Monday.
[8:08]
>> Perfect. So, um I I think that's a good
[8:12]
thing. It It sounds like um they're
[8:15]
wanting more comments. So, I just wanted
[8:17]
to put that out there. Um and then at
[8:21]
our last meeting we were talking about
[8:22]
kind of the function of an alternate
[8:24]
member. So we are very fortunate to have
[8:26]
an alternate member on this board, board
[8:28]
member Frost. And um I did a little
[8:33]
research into kind of how other
[8:35]
licensing and certification boards um
[8:38]
handle alternate members and if they
[8:40]
have any rules or statutes kind of
[8:43]
providing some guidance on the role of
[8:45]
an alternate member. So,
[8:48]
um, using one of our, um, amazing AI
[8:52]
tools here that we have access to, I was
[8:55]
able to, uh, have it sweep all 50
[8:59]
states, but it ultimately honed in on 27
[9:01]
licensing boards across 17 states. So, I
[9:05]
started here with Doppel. They didn't
[9:07]
uh, have any alternates. Um, and it's
[9:12]
interesting the the question of the
[9:16]
function or duties of an alternate
[9:18]
member are rarely addressed in different
[9:21]
states. Usually, it's like our law where
[9:23]
it talks about when the alternate member
[9:25]
votes in the basically in the event of a
[9:27]
failure to achieve quorum. Um, but they
[9:30]
don't really talk about the laws don't
[9:32]
really talk about their function
[9:33]
otherwise. Um, but a few states do.
[9:38]
Um, so for example in New Jersey, um,
[9:41]
their I think it's one of their
[9:43]
construction their construction board of
[9:46]
appeal, construction boards of appeals.
[9:50]
Um, provides that
[9:54]
I apologize, I've got, per usual, way
[9:56]
too many tabs going at once. Um their
[10:00]
law provides that alternate members
[10:01]
shall have the right to participate in
[10:03]
all board deliberations but shall not
[10:05]
vote unless serving in the place of a
[10:07]
regular member. Um Oregon has some
[10:10]
similar they have have two different
[10:13]
public bodies that talk about that where
[10:15]
alternate members can participate in all
[10:17]
capacities except for voting. um and um
[10:21]
talking about that they can attend
[10:24]
meetings, that they can participate in
[10:26]
discussions and deliberations.
[10:28]
Um there are some states strangely that
[10:32]
restrict even the attendance of an
[10:35]
alternate at a meeting. Um which I
[10:38]
thought was interesting that the
[10:39]
alternate doesn't technically attend the
[10:42]
meeting unless they're voting. Um, and
[10:45]
so
[10:46]
I would say kind of if if you can let me
[10:50]
know kind of what your feelings are and if you're interested in outlining um
[10:55]
an alternate member for the appraiser
[10:57]
board's function and duties in your
[10:59]
administrative rule. um we can work to
[11:02]
have some rule language options for you
[11:04]
at your next meeting and then um you
[11:08]
could um either either move to have us
[11:13]
file a proposed rule or kind of send us
[11:16]
back to the drawing board. Um I guess I
[11:19]
should go over so rule making when it
[11:22]
comes to uh the appraisal and AMC realms
[11:26]
is kind of a collaborative effort
[11:28]
between the division and the board. Um
[11:31]
so unlike some boards that um have an
[11:34]
advis an advisory function, you all are
[11:36]
advisory but also policymaking. So the
[11:40]
division and the board have to concur or
[11:43]
agree for a rule to be made. um if the
[11:47]
law provides that if if we cannot agree,
[11:49]
the division um division has the final
[11:52]
say, but typically um we're we're
[11:55]
looking for that agreement before an
[11:57]
administrative rule can be made. So um
[12:00]
it's it's a little bit unique, but a
[12:02]
really awesome uh feature of of the work
[12:06]
we get to do together. So, um, that is
[12:09]
why, um, I think I'd suggest if you are
[12:12]
interested in putting this in rule and what you'd be interested in putting
[12:17]
in rule, we can have some some drafts
[12:20]
for you to review um, and for you to
[12:22]
possibly take action on in your next
[12:24]
meeting. So, um, how how do you all feel
[12:27]
about that?
[12:30]
Maybe I should mention Elliot Clark sent
[12:34]
out an email I believe all the board
[12:35]
members received
[12:38]
and so
[12:40]
I that probably should be part of the
[12:43]
conversation also.
[12:44]
>> Awesome.
[12:45]
>> Um if you don't mind u director I'd like
[12:49]
to recognize Elliot Clark um just for a
[12:53]
for
[12:54]
well whatever Elliot Clark would like to
[12:56]
add to this topic.
[12:58]
>> Absolutely. Elliot.
[13:00]
>> Thanks. No, nice to meet everyone. So,
[13:02]
as Director Veette said, um I also
[13:04]
represent the real estate commission and
[13:05]
so I'm I'm looking forward to
[13:07]
representing you guys as well. Uh this
[13:09]
is a good conversation. So, the email I
[13:12]
sent just sort of laid out my my
[13:13]
thoughts on how to utilize the alternate
[13:15]
board member. I think everything you've
[13:18]
just heard from Director Veette is spot
[13:20]
on. Um it's interesting to hear how
[13:23]
other states handle alternate board
[13:25]
members because this is sort of a new
[13:27]
thing for me. I don't think any of my
[13:28]
boards have have had alternate board
[13:30]
members. But as far as, you know, sort
[13:34]
of formalizing how you want to handle it
[13:36]
going forward, you do certainly have the
[13:38]
option to do that in an administrative
[13:41]
rule. I don't know that you really even
[13:42]
have to, though. Um, if you want to just
[13:45]
sort of, you know, as you go into closed
[13:48]
meetings, if you want to include the
[13:50]
board member, you can just specify that
[13:52]
the include the alternate board member,
[13:53]
you can just specify that in the motion.
[13:56]
So, um, you can be as formal as you want
[13:58]
or you don't really even have to. As
[14:01]
long as we're sort of clear on the
[14:02]
record at any given meeting how we're handling it, I think that's
[14:06]
fine as well. So,
[14:11]
» thank you. Um, we'll open it up to any
[14:15]
board members that have any questions at
[14:16]
this point.
[14:19]
>> So, I I would rather have something
[14:21]
formalized. I think um my initial
[14:24]
thought is it's a little unfair to the
[14:26]
alternate um to not know, you know, to
[14:30]
prepare for a meeting, not know whether
[14:32]
they're going to go into close um you
[14:35]
know, did they get the material? Are
[14:36]
they are they being included in the prep
[14:41]
um documents?
[14:43]
So I while while I appreciate um
[14:48]
that we we can make it within the
[14:51]
motion, I think maybe having some
[14:54]
consistency, having some sort of
[14:57]
framework even even on a minimal basis
[15:00]
would be ideal. Um and and my other
[15:04]
thought also was
[15:06]
um we have a an alternate member for the
[15:10]
residential appraisal portion but we
[15:14]
don't have one for the commercial and um
[15:18]
or the AMC.
[15:20]
Um
[15:22]
I I think commercial and residential are
[15:25]
the ones most likely to have some sort
[15:27]
of you know if there was an issue that
[15:29]
came up commercial from a commercial
[15:31]
standpoint and Chris wasn't able to
[15:33]
attend. I would really struggle to to
[15:35]
say how how should we handle that and I would ask that you know say hey we must you know we probably need to
[15:42]
postpone this action. Um, so, so that
[15:47]
was one other random thought, not
[15:48]
necessarily about the duties of of the
[15:51]
alternate, but I I really like the idea,
[15:55]
um, of having an alternate, just I think
[15:59]
that we ought to probably have something
[16:01]
a little bit more formal than just
[16:02]
including in a in a minute. I I did
[16:05]
appreciate uh, director, all of your searching and and how different um,
[16:12]
states handle different things. So,
[16:14]
thank you.
[16:18]
» I'd be happy to work I'd be happy to
[16:20]
work on and maybe even suggest to
[16:23]
council uh some sort of framework in the
[16:27]
next week or so that we could then
[16:28]
present. Um and maybe we want to do that
[16:31]
each of us kind of look at some ideas um
[16:34]
think about how those are being and I I
[16:36]
would certainly ask um
[16:40]
Mr. Pro Joel. I'm just going to call you
[16:42]
Joel. we're friends.
[16:44]
I I was would ask Joel to also, you
[16:47]
know, voice in on on his opinion. He's
[16:50]
the one in that role and and uh the
[16:53]
trailblazer pioneer um as it would be
[16:56]
for for this position. So, you know,
[16:59]
maybe he can he can help us carve this
[17:02]
out as well. Um so, that that would be
[17:05]
my my recommendation.
[17:10]
» Thank you. Um,
[17:15]
we we'll turn some time to Joel Frost if
[17:17]
he would like to say anything. I don't
[17:20]
see a hand raised, but I know he's
[17:21]
present.
[17:22]
>> Yeah, I'm here. Can you guys hear me?
[17:24]
>> Yeah, you're good.
[17:26]
>> Uh, yeah. I I just in doing this, I I
[17:29]
I'm planning on showing up to these
[17:31]
meetings. If I'm needed, I'll jump in.
[17:34]
Um, like it would be hard if I didn't
[17:38]
have the prep material. It would be
[17:39]
difficult if I
[17:41]
needed to jump in like someone lost
[17:43]
internet and I had to jump in to a close
[17:46]
a closed sec executive session when I
[17:48]
hadn't heard the first part of it. I
[17:51]
just could create catching me up to
[17:52]
speed and I might miss some stuff. So I
[17:54]
think like like for me if I'm going to
[17:56]
be there and be utilized I would want to
[17:58]
just have all of it there have all the
[18:00]
information um and not have to try to
[18:03]
piece it back together and and and
[18:05]
patchwork
[18:07]
a quorum. So I and I don't see it's it's
[18:10]
not a problem for me to just be there.
[18:13]
Um I would, you know, as long as I can
[18:15]
ask questions. I don't need I don't need
[18:16]
to vote, but I might have some questions
[18:17]
along the way just to make sure I if I'm
[18:20]
called on could perform the duty. And I I do think
[18:24]
any question I might have probably helps
[18:27]
everybody out, you know. So I do have a
[18:31]
little bit of experience. We all have
[18:32]
our own expertise. So anyway, that's my take is I I would like to see
[18:39]
that I'm just there. I don't vote ever
[18:41]
unless you guys tell me we need you to
[18:44]
vote and then I'll vote. That's kind of
[18:45]
how I see the process going.
[18:48]
Well, well, well, in my perfect world,
[18:50]
that's how it would go for me.
[18:54]
>> Uh, any other comments from board
[18:55]
members?
[18:58]
>> I'll say a couple of things. First of
[19:00]
all, I I agree with Jared, you know, but
[19:05]
we could do it just through motions or
[19:06]
whatever. It would be very arbitrary and
[19:09]
be very probably different every single
[19:12]
time. And it would be like, what are we
[19:14]
going to do? And yeah, that's not fair
[19:15]
to Joel.
[19:17]
And uh for anybody currently, Joel is in
[19:21]
this position, but everybody else will
[19:23]
be in this position following him. Um,
[19:25]
you know, the the if the if the if the
[19:30]
position is important enough to create,
[19:32]
it's important enough for us to be uh
[19:35]
considering his input and um
[19:39]
and and to avail him of all of the
[19:42]
information that he'll need so that at a
[19:45]
moment's notice, he can step in when we
[19:47]
need him to or when the situation is is
[19:50]
needed. And uh again I I made this
[19:54]
comment in the last meeting. Um I kind
[19:57]
of view it like as a alternate on a
[20:00]
juror. A jury that alternate
[20:04]
you know needs to be in deliberation. He
[20:06]
needs to hear the evidence. He needs to
[20:09]
be availed of all of the all of the
[20:12]
information that the entire jury was
[20:14]
availed. And if needed then at the end
[20:17]
of the trial he can step in. And if he
[20:21]
doesn't if he doesn't need to step in
[20:22]
and vote so to speak then great. But you
[20:26]
know and even in addition to that you
[20:29]
know having him in his voice and his
[20:31]
perspective his background in our in our
[20:35]
board is going to be valuable. So
[20:39]
I think
[20:42]
I agree. move forward, formalize it,
[20:45]
state what the duties are, make it clear
[20:49]
and you know and if there needs to be
[20:51]
some adjustment down the road on that,
[20:53]
you know, we can make that adjustment
[20:54]
and then we can be an example to other
[20:56]
agencies, you know, on how it works and uh hopefully be of some benefit to
[21:04]
other uh groups or agencies.
[21:08]
Thank you.
[21:10]
>> Thank you. Uh any other comments from
[21:13]
any other board members?
[21:19]
» Seeing none, I just got one clarifying
[21:21]
question. Um rule making, we have the
[21:24]
authority for rule making. Typically, we
[21:27]
don't make rules unless it's identified
[21:30]
as a need in the statute. It usually
[21:33]
calls out or per rule per rule. Um,
[21:39]
I I believe and I agree with with what's
[21:42]
been said, this should be more
[21:44]
formalized. Um, that way going forward,
[21:48]
um, there's going to be a point when all
[21:50]
of us aren't going to be here. So, it
[21:53]
would be nice for consistency.
[21:56]
Um, but is is that are we are we going
[22:00]
to have an issue with rule making if
[22:02]
it's not cited in code that this item is
[22:05]
open to rule making if that makes sense?
[22:11]
» I think I'd have I think uh Justin
[22:13]
Barney might be our best. He's our um
[22:16]
rule making uh afficionado here at the
[22:20]
division.
[22:22]
>> Yes. Let let me just address that and
[22:25]
certainly I'm happy to review that with
[22:28]
Elliot. We can get a response for the
[22:30]
board. Uh so Chair Pollson, you're
[22:34]
correct. The uh ability to make rules
[22:38]
depends on it's an extension of
[22:41]
authority from the legislature. And so
[22:44]
we can only make rules about uh matters
[22:47]
that we are able to do. So, I'm guessing
[22:51]
at this point we probably would have
[22:53]
authority to do that, but we need to
[22:55]
just go through that and I'm happy to do
[22:57]
that. Elliot and I can look at that and
[23:00]
let the board know. Uh, if there's not,
[23:03]
then it would require a legislative
[23:06]
action to grant that authority, but I I believe it may be included in there,
[23:11]
but we will look at that and get back to
[23:14]
you if that's okay.
[23:16]
>> Thank you. Um, Mr. Elliot, go ahead,
[23:19]
Elliot Clark.
[23:20]
>> Sure. Yeah. So, I think Justin's exactly
[23:22]
right. Um, we'll connect and we'll
[23:25]
decide if the admin rule um is an
[23:28]
option. Um, even if it's not, there's no
[23:31]
reason you couldn't adopt
[23:33]
just a a policy that governs that
[23:36]
governs the board's practice. I mean,
[23:37]
that would be administrative rules have
[23:40]
the force of law. um you know if you if
[23:44]
you adopt it pursuant to the authority
[23:46]
given to you in statute just a board
[23:48]
policy would be a little less
[23:51]
enforceable than that but still it would
[23:52]
be something it would be a formalized
[23:54]
written document that says here's how we
[23:55]
handle things going forward and so
[23:57]
that's an option too if we decide that
[23:59]
admin rulem is not is not an available
[24:02]
avenue but we can look at that and we'll
[24:04]
be in touch
[24:06]
>> thank you thank you Jared you got your
[24:08]
hand up
[24:09]
>> yeah I was going down that same track um
[24:12]
we could have admin we could have a
[24:14]
board policy and procedures and um you
[24:17]
know how we handle um we could formalize
[24:20]
it in that way. I'm
[24:23]
as as the conversation's been going, one
[24:25]
other thought came to mind that this
[24:28]
board
[24:29]
I I think above other, you know, above
[24:32]
all others, we have ethics rules that we
[24:34]
follow as appraisers. We have standards.
[24:36]
We don't want to be biased. Um, we want
[24:40]
to be objective and and I would hate for
[24:44]
uh someone to accuse us in the future of
[24:48]
saying, "Well, you didn't let Joel was
[24:50]
supportive of my my action or whatever
[24:53]
and you didn't let him talk because that
[24:56]
day my stuff was coming up or something
[24:58]
like that, you know, where where we're
[24:59]
so randomized that it opens us up for
[25:02]
question. It opens up our integrity,
[25:05]
question of our integrity. It opens up
[25:07]
um questions of the action. I've heard,
[25:10]
you know, other appraisers as I've
[25:12]
participated nationally
[25:15]
um say, "Oh, my board is always going
[25:17]
after one individual or my board is
[25:20]
biased against folks from this from from
[25:24]
the area that I work or something." And that's very unfortunate that they
[25:28]
get that impression that the board um
[25:31]
isn't consistent. And so I think at
[25:35]
minimum, you know, it'll be really good
[25:37]
to see I would love to see some
[25:38]
administrative rule, but but minimum we
[25:41]
should create some sort of um policy and
[25:44]
procedures and and that would be a
[25:46]
document that governs and and um you
[25:50]
know and we could include other things
[25:51]
in there as well, not just the alternate
[25:53]
um uh board, the components of an
[25:56]
alternate board member, but you know, I
[25:58]
think
[25:59]
>> um there's there's other just having
[26:01]
gone through that training that
[26:03]
director, you asked us to go through.
[26:05]
There were some things there that, you
[26:07]
know, maybe as as a board we recognize
[26:09]
and we say that's our policy as well. We
[26:11]
adopt that and say this is our policy
[26:13]
and procedure. There were some a few
[26:15]
items in there that I thought were
[26:17]
excellent that uh we could recognize. Um
[26:20]
so anyway, that was my thought. Um
[26:23]
Elliot went right down the same thought
[26:25]
path that I had. So
[26:28]
>> good, good. Um I'll
[26:31]
to me it it appears I mean we're all on
[26:34]
the same page. We we want to make sure
[26:36]
that this is done right. Um so that
[26:39]
going forward like I said even after we
[26:42]
leave there won't be a question. So I'll
[26:45]
turn the time back over to the director
[26:48]
to continue on with u
[26:50]
her part of the part of the meeting.
[26:54]
>> Thank you chair. That is actually the
[26:56]
end of what I have to report to you, but
[26:58]
I'm happy to answer any questions any
[27:00]
board members may have.
[27:04]
» I've got a question. You mentioned that
[27:06]
you're going to be filling the the board
[27:08]
position with an member of the AMC and
[27:11]
if we had recommendations, let you know
[27:13]
about that. Now, does that mean is that
[27:16]
like a banker like like a guy a guy at a
[27:20]
bank who is an appraiser who orders
[27:23]
appraisals?
[27:25]
Is that somebody that you're
[27:27]
considering? I mean, what what is the
[27:30]
definition of an AMC?
[27:32]
Is it a bank? Is it a bank's review
[27:35]
appra appraisal review department?
[27:37]
>> Uh, no. So it would be um an appraisal
[27:42]
management company that is registered
[27:44]
with the division as an appraisal
[27:47]
management company. So unless the entity
[27:50]
is registered with us as that um the the person from that entity would not
[27:58]
qualify for board member Jensen's seat.
[28:02]
>> Okay. All right. So, I have several
[28:04]
people that I would maybe recommend, but
[28:07]
yeah, they're they're more like in the
[28:08]
banking world,
[28:10]
appraisal review world of banks and
[28:12]
ordering appraisals that way rather
[28:14]
than,
[28:16]
you know, AMC.
[28:20]
>> Board member Frost, I see you have your
[28:21]
hand up.
[28:23]
>> Yeah. So, I ju just to clarify a little
[28:24]
bit more on Chris. So, so essentially
[28:26]
you have banks that decide to use AMC's
[28:29]
and you have banks that decide to hire
[28:31]
an in-house appraisal management
[28:33]
department. And we're only looking for
[28:35]
people who work for AMC's
[28:39]
um not like internal employees of banks
[28:42]
that work for the risk management
[28:43]
department of the bank. Is that right?
[28:48]
» I I think it's more are they registered
[28:51]
as an AMC with the division or not? All
[28:53]
right.
[28:54]
>> You got to be registered as name as you
[28:55]
can. Cool.
[28:55]
>> Yeah. Okay.
[28:58]
>> Any other question?
[28:59]
>> Part of the reason part of the reason
[29:01]
for that distinction is the board has
[29:05]
uh rights to discipline slash
[29:10]
uh right rules that affect AMC's
[29:13]
specifically. They do not affect banks
[29:17]
or employees of banks.
[29:19]
So that's kind of been my role is to
[29:22]
watch for that or bring up anything that
[29:24]
might affect the AMC as a organization.
[29:32]
» Jared, you you had your hand up, Jared.
[29:34]
Sorry, I
[29:36]
>> I turned the time over to the director
[29:38]
and I keep stomping on it.
[29:40]
>> Hey, no, you're good.
[29:42]
>> So um so question Ron for director and
[29:45]
Ron. Um,
[29:48]
does the AMC have to designate a member
[29:51]
to be it's it's not an an AMC that's
[29:54]
represented on it's an it's a particular
[29:57]
person from that AMC is my would be my
[30:01]
understanding. And so Ron, is there
[30:03]
someone in your company that you would
[30:05]
recommend? Um, I I'm very partial like
[30:09]
one of my thoughts is it needs to be
[30:11]
somebody that's more familiar with Utah.
[30:13]
I'd hate to get some national AMC that
[30:16]
really doesn't
[30:18]
have ties to Utah other than they order
[30:20]
a few appraisals um you know every once
[30:23]
in a while and you know maybe they
[30:25]
broadcast them the wrong way and they do
[30:27]
a bunch of other stuff. So so I like I
[30:30]
I've really liked having Ron and and um
[30:34]
his company
[30:36]
as participating in the board because he
[30:38]
knows more so what we're dealing with
[30:41]
here in Utah. Um, and so could it be
[30:44]
somebody that is, you know, in your in
[30:47]
your company, Ron? Do you have somebody
[30:49]
that would that would be recommended to
[30:51]
take your spot or are there other AMC's
[30:54]
in Utah that you that you think would fill that spot? Um, as well, um,
[31:01]
I do have two sons that work for me. One
[31:05]
is a certified residential appraiser and
[31:09]
the other does all of our customer
[31:11]
service work. Jay and if it I didn't
[31:15]
realize it would be
[31:17]
I thought you were looking for a
[31:18]
separate other AMC but I would sure
[31:22]
proposed uh one of my sons to fill that
[31:25]
role if you're okay with staying with
[31:28]
the same
[31:30]
>> I don't think we have to switch
[31:32]
companies. I I think if it's an
[31:34]
individual, at least that's my my
[31:36]
thought director is that, you know, um
[31:39]
Ron's AMC is very well respected within
[31:42]
the state from appraisers. Um my
[31:45]
interaction with him has been on a very
[31:47]
professional level throughout the the
[31:48]
years and I think his input and
[31:50]
understanding of state law, uh how
[31:53]
things are. He gets as frustrated with
[31:55]
AMC's that don't follow state law as
[31:57]
anybody does. Um, and we've had those
[32:00]
discussions before. And so, um, to me,
[32:04]
that's kind of I would say don't
[32:07]
exclude,
[32:09]
you know, his company out of that
[32:11]
consideration, someone from his company
[32:12]
out of that consideration. So, that that
[32:14]
would be a recommendation that I would
[32:15]
have.
[32:17]
>> Thank you. That's that's really helpful
[32:19]
for us to um keep in mind as we're
[32:22]
entering this process the the importance
[32:25]
to the board of the AMC members. um
[32:29]
awareness and and participation in the
[32:31]
appraisal community here in Utah. I'll
[32:34]
have to double check. I don't think
[32:36]
there is anything in law that would
[32:37]
prohibit um a representative from the
[32:41]
same AMC um from becoming the next board
[32:44]
member. Like I said, I'll have to double
[32:46]
check, but I don't um I don't think
[32:49]
there's anything that would prevent
[32:50]
that. So, I would say um you know uh
[32:54]
board member Jensen or anyone else who's
[32:57]
on the call if if you've got folks who
[32:59]
are interested and who you think would
[33:01]
be great and we can certainly take this
[33:04]
recommendation um board member Pricer or
[33:07]
excuse me, Vice Chair Pricer um into consideration as part of that
[33:12]
process.
[33:16]
every every board member is defined by
[33:18]
code as to how that board seat is
[33:20]
filled. And I don't believe there's
[33:22]
anything in code that would prohibit
[33:24]
what has just been talked about. So
[33:27]
the other thing we can do is we can slow
[33:29]
down the process and then Ron will be
[33:31]
around for a couple more years. So
[33:35]
>> we could always
[33:39]
» happy to stay. I'm pretty sure I'll be
[33:41]
retired, but if you're okay with a
[33:43]
retired
[33:48]
anyway, uh, anything else, director,
[33:52]
>> that is it for me. Thank you.
[33:54]
>> Thank you.
[33:56]
Um, moving on to licensing and
[33:59]
education. Uh, Laurel North.
[34:02]
>> Hi. Thank you, Chair Pollson.
[34:05]
Now that caravan is in our rearview
[34:07]
mirror, IDW planning
[34:11]
is upon us. We've um been thinking about
[34:14]
this, but we are proposing to modernize
[34:17]
Utah's two-year instructure instructor
[34:19]
development workshop requirement for
[34:21]
pre-licicensing instructors. The current
[34:24]
rules are the strictest in our region.
[34:26]
or nearby states don't require IDW at
[34:29]
all, which creates unnecessary
[34:31]
administrative burdens and stops top
[34:33]
national instructors, of which we have
[34:36]
many in the appraisal arena from
[34:38]
teaching in Utah due to the cost of
[34:40]
attendance. To fix this, we want to give
[34:44]
instructors flexible, modern ways to
[34:47]
keep their credentials such as holding
[34:49]
national teaching designations or
[34:51]
attending approved educator conferences.
[34:54]
That's kind of open for discussion. what
[34:56]
the requirement would be, but I want to
[34:58]
make it easier and more flexible and
[35:01]
still maintain our high quality of
[35:02]
educators. If the board approves this
[35:05]
concept, we will collect feedback um
[35:09]
from whomever you especially
[35:13]
uh the ne until the next board meeting.
[35:15]
And if that's okay with you, I presented
[35:19]
this to the real estate board a couple
[35:20]
weeks ago and they were all for it. So,
[35:24]
I gave them a longer presentation. This
[35:26]
one's shorter. Um, so if you want more
[35:29]
details, I can give it to you. But if
[35:31]
you want to shoot comments to me or
[35:34]
anyone of our management and our
[35:36]
division staff, they can get them over
[35:38]
to me. We can uh chat about that. If uh
[35:43]
it sounds like a great idea and you're
[35:45]
for it, we will plan on presenting
[35:47]
formal draft rules for your review at
[35:50]
the next meeting. Do you have any
[35:52]
comments about that idea?
[35:59]
» Open it up to the board. Jared,
[36:03]
I'm currently an instructor. Um, and I
[36:06]
think it's a fantastic idea. Um, I also
[36:08]
serve as our education chair for our
[36:12]
local for the appraisal institute local
[36:13]
chapter and I serve on several of the
[36:16]
education committees developing material
[36:19]
and uh for the appraisal institute
[36:22]
nationally and I would be more than
[36:25]
happy to to sit down and visit with you, know, one-on-one. Um, if you want to
[36:30]
just reach out to me, you know,
[36:33]
block out 30 minutes, an hour, whatever
[36:35]
we need. Um I I'd be more than happy to
[36:37]
give some national insight some if
[36:41]
there's some questions but um I I think
[36:45]
my impression is is that there's a lot
[36:46]
of of because there's been so much
[36:49]
change going through COVID instructors
[36:52]
the way we instruct now the institute is
[36:54]
actually reooking at how they're they're
[36:57]
vetting and um and credentiing their
[37:01]
instructors as well to kind of keep up
[37:03]
with the times the um
[37:07]
you know, so so I'm I'm all for this. I
[37:10]
think this is a great um you know, a
[37:13]
great move and and very very important
[37:16]
topic right now. Very current. So So
[37:19]
thank you. But I I I'm all for it.
[37:22]
>> Thank you. That's that's very meaningful
[37:24]
coming from you, Jared. So I appreciate
[37:25]
that and I will reach out so we can
[37:27]
discuss that. I want to get it I want to
[37:29]
get it right and I want it to be
[37:31]
progressive, modern and most of all just
[37:34]
helpful to the educators. So, thank you.
[37:39]
Anyone else think
[37:42]
have any thoughts on that?
[37:45]
All right. Uh let me go on. I just have
[37:48]
a short little bit here. Uh just the
[37:51]
usual.
[37:53]
Uh, we did not process any approvals or
[37:56]
denials for certified and licensed
[37:58]
appraiser exam candidates this past
[38:00]
month. Our yes answer spreadsheet is
[38:03]
short, just one. We had Peter Pollos was
[38:06]
approved to receive two separate
[38:08]
temporary certified general permits.
[38:12]
And then as we move on to the stats, we
[38:14]
have a little bit of bump up. So I'm
[38:15]
happy to see across the board growth in
[38:18]
appraiser categories. Every single
[38:20]
individual appraiser category saw net
[38:22]
gains from May to June. Led by certified
[38:25]
residential, we have a plus five
[38:27]
licensed appraisers plus three.
[38:30]
Continuing education instructors
[38:32]
increased from 93 to 95. And our AMC
[38:36]
growth was also a plus one.
[38:39]
We don't have any experience reviews for
[38:42]
your consideration today. We don't have
[38:44]
experience reviews scheduled for August.
[38:47]
And that's all I have for you unless you
[38:48]
have questions.
[38:56]
» All right, seeing no questions, uh Oh,
[39:00]
Jared, you've got a question.
[39:04]
>> Sorry. Um I I have lots of questions. Um
[39:08]
but only one for you, Laurel. Um
[39:12]
part of the um proposed uh change in the
[39:19]
licensing
[39:21]
uh deals with putting the exam in front
[39:26]
of experience and I was just wondering
[39:27]
personally if you've had a chance to
[39:29]
look at that part on what your thoughts
[39:30]
would be. So the idea is that in many
[39:33]
industries you do all of your schooling
[39:36]
then you take the exam. For example, the
[39:37]
bar exam um comes right after law
[39:40]
school. My son's a doctor. His his um
[39:44]
boards um were right after school and
[39:49]
then he goes through a uh an internship.
[39:54]
He's in residency is what they call it
[39:56]
and then he'll do additional boards
[39:58]
after that. And I was just from your
[40:00]
perspective as as dealing with education
[40:02]
and and everything, is there something
[40:04]
that your thoughts on that? Is that a
[40:06]
good idea to do the testing more closely
[40:10]
to the education side um for entrance
[40:14]
into the profession or or are you more
[40:17]
in favor of doing it after the
[40:19]
experience um like it is currently? And
[40:22]
I I hate to put you on the spot. If you
[40:23]
haven't had a chance to think about it,
[40:24]
then that's okay. But
[40:26]
>> well, I have I mean I have thoughts
[40:28]
about appraisals in general, right? And
[40:30]
making this easier for them and growing
[40:33]
the business and getting them paid
[40:34]
sooner and all of those kind of things.
[40:37]
I haven't specifically thought about
[40:38]
when to test. So I am I am open to your
[40:42]
thoughts about this if it may I it seems
[40:45]
kind of backwards to me about
[40:47]
professions like you said with your uh
[40:49]
doctor experience and I don't know how
[40:52]
much I can change that like how much of
[40:54]
this is nationally regulated but if you
[40:57]
want to pursue this I want to pursue
[41:00]
this so maybe we can chat about that too
[41:03]
when we meet up. that would that that
[41:06]
would be great and I think for the other
[41:08]
board members that's one of those things
[41:10]
that are kind of in that change that we
[41:12]
can think of but thank you Laurel I we
[41:14]
can talk about it when we when we meet
[41:16]
together so
[41:17]
>> great I look forward to it so
[41:19]
>> thank you
[41:21]
>> Michael you had your hand up
[41:24]
>> I was just going to add something um I
[41:27]
was just on a call and this was
[41:29]
discussed and a lot of folks felt that
[41:33]
um they were okay with doing the exam
[41:35]
after their education and I sort of feel
[41:39]
both ways. I mean I think you know
[41:41]
taking your education getting the
[41:43]
experience like that builds upon your
[41:46]
knowledge to then pass the exam.
[41:48]
However, some appraisers in the call
[41:50]
were like, well, you know, some of the
[41:52]
things on the test aren't necessarily
[41:55]
things that you would, you know, know
[41:58]
from doing your everyday practice of
[42:00]
like when was FIRA introduced and, you
[42:03]
know, sort of stuff like that. Um, I was
[42:06]
always in the train of thought of you
[42:07]
take your QE, you get your experience,
[42:09]
then you take your exam because I would
[42:11]
I don't know if this would, you know, be
[42:13]
true, but my initial thought was maybe
[42:15]
some applicants would be like, well,
[42:17]
I've got my QE, I've passed the exam,
[42:20]
why can't I just go out and practice?
[42:22]
Why do I now have to show experience and
[42:24]
then you tell me my reports are and use
[42:26]
PAP compliant and whatnot? Um, however,
[42:29]
I could see it from both ways. That's
[42:30]
just my two cents. Yeah, Michael, I
[42:32]
think that's, you know, that's a great
[42:34]
perspective, too. So, my son, you know,
[42:36]
in residency, even though he'd passed
[42:39]
all the exams, he couldn't administer a
[42:42]
prescription, for example, until he
[42:45]
passed another certain steps. So, he's fourth year now. Well, a third year
[42:50]
he could start prescribing. And so,
[42:53]
there's these benchmarks along the way
[42:55]
just because you've had the education. I
[42:57]
mean, that goes back to the days when I
[42:58]
became an appraiser and we just had
[43:00]
registration. We didn't even have
[43:01]
licensing. We I was a registered
[43:03]
appraiser. Um and so so I I can see
[43:08]
their concern. I you know I have the
[43:12]
fortunate misfortune burden of helping
[43:15]
write the exam questions for the entry
[43:17]
into the exam. And we're always looking
[43:19]
at what's the minimum
[43:21]
um what's the the minimum
[43:25]
viable
[43:26]
product that we want. what we're not
[43:29]
asking these incredibly tough questions,
[43:31]
but if you've had your education two
[43:34]
years ago, it's taken you two years to
[43:36]
find a supervisor and get the
[43:37]
experience. It's almost like you have to
[43:39]
go back and relearn some of those
[43:42]
things. Um, as a supervisor, I didn't
[43:45]
sit and quiz my trainees on certain
[43:48]
aspects of USPAP or certain aspects of, you know, fundamentals.
[43:54]
um I was just more showing them how we
[43:56]
put this in place in practice. And so
[43:59]
anyway, it's it's an it is one of those
[44:01]
things I think that that the
[44:05]
standards
[44:06]
uh standards board criteria board, I
[44:09]
don't remember which one it is that's
[44:10]
doing this, um is is wrestling with. I
[44:14]
think that this is where a lot of the
[44:15]
comments have come and why they've
[44:16]
extended the comment period to be able
[44:18]
to get some additional. And so I like
[44:20]
that. I I like just getting I think as a
[44:23]
board my recommendation later is going
[44:25]
to be that we do a formal I had
[44:27]
something almost worked up by the
[44:29]
deadline but I just ran out of time to
[44:31]
present to everyone. Um it's still in
[44:35]
extremely draft mode. Um and and I I
[44:40]
I'll be prepared in the next day or two
[44:41]
to get that out to everybody to review.
[44:44]
Um, but this is this is one of those
[44:48]
sticky parts in the change uh proposed
[44:51]
changes
[44:54]
and and sorry Laurel to hijack your
[44:56]
agenda item on here, but this is kind of
[44:59]
all about licensing and education
[45:01]
everything. This is a a good spot, I
[45:04]
think, to to put this in. So,
[45:05]
>> I think that's great. I'd make to make
[45:07]
I'd like to I'd like to make the change,
[45:11]
honestly, is my first gut. um thing, but
[45:14]
I need guidance from people like you.
[45:16]
And I I appreciate uh team member Jenko
[45:20]
saying uh you know sharing his thoughts
[45:23]
because I I consider those heavily. So
[45:26]
let let's talk about it. See what we can
[45:28]
do.
[45:32]
» I've just got one comment on this.
[45:36]
As board members, we receive um
[45:41]
appraisals that are supposed to be based
[45:43]
on what the applicant has done. Uh in
[45:47]
reality, when you're going for a
[45:49]
license,
[45:50]
it's not your work. Uh we are always
[45:54]
critiquing the trainee trainer, not the
[45:57]
trainee.
[45:59]
And if there was a way that we could
[46:01]
require one or two appraisals that are
[46:04]
specific to the applicant's work,
[46:08]
I think that would be more beneficial
[46:10]
because we've we often
[46:14]
glean no no true information out of
[46:17]
these appraisals other than
[46:19]
was the trainer qualified or not
[46:21]
qualified, which at that point shouldn't
[46:24]
even be a question. But that's really
[46:27]
what we're looking at is we're asking
[46:30]
questions to the trainee
[46:32]
and the trainee a lot of times has not a
[46:37]
lot of input into what we're trying to
[46:40]
do as criteria or question them on if
[46:43]
that makes sense. Yeah,
[46:46]
>> Chris, that does like I I think if I I
[46:49]
mean I've trained seven
[46:52]
um not all of them made it uh past my
[46:55]
90day critique of them. I I start off by
[46:59]
saying, "Look, I'm we're going to do
[47:01]
this for 90 days and if and if I if
[47:03]
you're just not getting the concepts, I
[47:05]
am going to recommend that maybe you
[47:07]
look at another career." Um, there are
[47:09]
some inherent things I think in our
[47:11]
career that if you're just not getting
[47:12]
it, it you probably never will. Um, but
[47:17]
I would love to have had someone come to
[47:20]
me and say, "Look, I've done my
[47:21]
education. I passed the exam. Can you
[47:24]
train me or can you help me with my
[47:26]
experience?" that all of a sudden I know
[47:29]
now they're getting a certain aspect of
[47:33]
the the process and we're not spinning
[47:35]
wheels and I'm not rebuilding I'm not
[47:38]
rebuilding on concepts because they pass
[47:41]
that. Interestingly enough the entry
[47:43]
exam the licensed entry exam has a pass
[47:46]
ratio of 62%. Nationally 62% the first
[47:50]
time and the second time you p the
[47:53]
second time takers it doesn't increase
[47:56]
very much. It's like I I think it was
[47:59]
15% pass it the second time. Well, that
[48:03]
either means that um you know it's been
[48:06]
way too long since they they you know
[48:09]
they they had the education or they're
[48:11]
just not going to make it in the
[48:12]
industry. And um and and our goal when
[48:16]
we're writing those questions is to
[48:19]
minimally test test for minimal
[48:22]
competency and not these aren't really
[48:25]
super tough questions um that that
[48:28]
they're encountering. Um, and so having
[48:32]
that in that spot prior to trying to
[48:35]
find a supervisor or go down that path,
[48:38]
uh, is to me kind of a good from a a
[48:42]
supervisor perspective. Um, there's some
[48:45]
advantages. There's some advantages to
[48:47]
that.
[48:52]
» Any other questions from board members?
[48:58]
» Thank you. Um, we'll move on.
[49:03]
Uh, let's see. Where are we?
[49:06]
We're to board and industry issues with
[49:09]
Justin Barney.
[49:12]
>> Yes. Thank you. I appreciate the
[49:14]
opportunity to address the board. The uh
[49:18]
the division does not have any proposed
[49:20]
rule amendments right now. we've talked
[49:22]
about some possible changes that could
[49:25]
be upcoming in this meeting and I'm
[49:27]
happy to uh be involved in in that
[49:30]
process. So, uh, I, as I said, I don't
[49:34]
have anything for the board's
[49:36]
consideration today, but, uh, we'll look
[49:39]
into into these items that have been
[49:42]
discussed and, uh, come back to the
[49:44]
board at a future time to, uh, discuss
[49:47]
whether any changes in the
[49:50]
administrative rule can or should be
[49:53]
made. So, it's all that I have unless
[49:55]
you have some questions for me.
[50:02]
Seeing no questions, thank you. Thank
[50:05]
you.
[50:06]
>> We will move on to
[50:09]
enforcement with Brenn Kalin.
[50:13]
>> Good morning. Thank you. I'd like to
[50:15]
start off uh with the update on our
[50:17]
current case management and enforcement
[50:19]
activity. Right now, the division is
[50:22]
actively maintaining 15 open cases uh
[50:25]
appraisal cases. Uh currently we do not
[50:28]
have any AMC
[50:30]
uh complaints. We received two new
[50:32]
appraisal complaints during this
[50:34]
reporting period and successfully closed
[50:36]
one appraisal complaint. And we
[50:39]
currently have two cases pending legal
[50:41]
action. Is there any questions on those
[50:44]
stats?
[50:48]
Okay. Fantastic. Um, I'd like to present
[50:51]
to you a stipulation in order for Jesse
[50:54]
Palmer for your consideration today. Um,
[50:57]
Jesse Palmer is a state certified
[50:59]
residential appraiser. And to provide a
[51:02]
brief background on this matter, in
[51:04]
October 2025, Mr. Palmer was retained to
[51:08]
appraise a residential con condominium
[51:11]
for a divorce proceeding. He established
[51:13]
a value of $535,000
[51:16]
for this assignment. Shortly thereafter,
[51:19]
a real estate professional reviewed the
[51:21]
work, identified potential inflation and
[51:24]
misleading conclusions, and submitted a
[51:26]
formal complaint to the division. The
[51:29]
division conducted a thorough
[51:30]
investigation and interview uh which
[51:33]
involved both a review appraisal and um
[51:38]
the standard investigation process which
[51:41]
revealed several critical deficiencies.
[51:44]
First, uh improper reporting. Mr. Palmer
[51:48]
utilized a standard generalpurpose res
[51:50]
form rather than the required
[51:52]
condominium form citing ease of
[51:55]
readability for this reason which led to
[51:59]
the omission of key condo specific data.
[52:02]
Furthermore, several areas of the report
[52:05]
were not completed. Second, inspection
[52:08]
failures. Although Mr. Palmer certified
[52:11]
that he performed a personal inspection
[52:13]
for this assignment. The investigation
[52:16]
confirmed he did not inspect the
[52:17]
property from the exterior or interior.
[52:20]
He lacked access and could not view the
[52:22]
unit from the parking lot where he did
[52:25]
not exit his vehicle for any inspection.
[52:29]
He also admitted required photographs
[52:31]
from the report. Uh lacking physical
[52:34]
access, Mr. Palmer made an extraordinary
[52:38]
assumption regarding the property's
[52:39]
condition based entirely on unverified
[52:43]
data of a 2011 remodel which uh was
[52:48]
provided by a party with a vested
[52:50]
financial interest in the outcome of the
[52:53]
assignment which compromised his
[52:56]
objectivity and finally a flawed sales
[52:59]
comparison approach. The appraisal
[53:01]
contained unsupported adjustments,
[53:03]
methodologies that failed to support his
[53:05]
conclusions, and misidentified
[53:08]
comparable properties. Furthermore, his
[53:10]
work file lacks the supporting data for
[53:13]
this valuation.
[53:15]
Mr. Palmer admitted that these actions
[53:17]
violated Utah administrative code as
[53:20]
well as core use PAP rules, including
[53:23]
ethics, recordkeeping, competency, and
[53:27]
scope of work. To resolve this matter
[53:30]
without the need for a formal hearing,
[53:31]
the division and Mr. Palmer have agreed
[53:34]
to the following terms. Mr. Palmer must
[53:37]
complete 8 hours of mentorship training
[53:40]
with the division approved mentor within
[53:43]
120 days of the execution of this
[53:46]
agreement. Uh these hours are nonredit
[53:50]
hours and cannot be applied toward his
[53:52]
regular continuing education. and should
[53:55]
he fail to comply with the specified
[53:58]
time frame, his license will face
[54:00]
immediate suspension.
[54:02]
Uh the division believes this agreement
[54:04]
appropriately protects the public
[54:05]
interest while ensuring corrective
[54:07]
training and we respectfully request
[54:10]
your approval of this stipulation and
[54:12]
order. I'm happy to answer any questions
[54:14]
you might have regarding this
[54:16]
stipulation and order.
[54:21]
Brenn
[54:23]
um I read through this and it all seems
[54:26]
very reasonable to me and I read in here
[54:30]
that he agreed or he had admitted that
[54:32]
he had committed these you know failures
[54:35]
or whatever you called them. Um, so I
[54:39]
don't have any problem whatsoever with
[54:41]
this and and I and I really appreciate
[54:43]
that the division is, you know, meeting
[54:46]
out
[54:48]
uh the consequences for bad acts, you
[54:50]
know, that is that's in the favor of the
[54:53]
appraiser to get the training he needs
[54:56]
without, you know, potentially his
[55:00]
career if he's willing to follow that.
[55:01]
So all that's great. My only comment or
[55:04]
question is um and it's not a negative
[55:07]
one. It's more about the procedure of
[55:09]
how these things are done. This this not
[55:12]
how these things are done. What what am
[55:14]
I trying to say here? This this
[55:18]
person you said that a person in the
[55:20]
appraisal profession
[55:23]
uh recommended an investigation,
[55:28]
a real estate professional. And so when
[55:32]
that investigation goes,
[55:35]
uh, who is it that that um
[55:40]
that like reviews the appraisal and and
[55:44]
comes up with the logs.
[55:48]
This this stipulation kind of reads like
[55:51]
an appraisal review that I I see often
[55:54]
where there's adversarial appraisers in
[55:56]
a litigation setting and one appraiser
[55:59]
is trying to um you know cite all of the
[56:03]
bad bad
[56:05]
uh acts that that appraiser does and and
[56:09]
um is this written by an third party
[56:13]
reviewer or is it something that you or
[56:15]
and your staff do? How does this how do
[56:20]
like the the wording the wording in the
[56:23]
paragraphs get into this report? Is it
[56:26]
like out of an appraisal review or is it
[56:28]
just your words or how does what is the
[56:33]
procedure of this? I'm curious about
[56:35]
that.
[56:37]
>> Um
[56:38]
>> let me let me defer to Justin because
[56:40]
he's legal counsel for the for the
[56:43]
division.
[56:45]
Yes, I'm uh u involved in in u this
[56:51]
process, but I was I was going to also
[56:53]
comment that the the process and and
[56:56]
Elliot's here and he is legal counsel
[56:59]
for the board and he can weigh in as
[57:01]
well, but generally when a stipulation
[57:04]
is presented uh there are discussions
[57:07]
that go on between the division and the
[57:10]
party and uh the Um the process in in
[57:16]
this situation is really for the board
[57:19]
to to approve the stipulation or not to
[57:23]
approve it. We we have to be careful
[57:25]
because if this stipulation is not
[57:28]
approved, there's a possibility that it
[57:30]
could come before the board at a hearing
[57:33]
at a later date. And we want to avoid
[57:37]
any uh
[57:40]
instance in which the board may be
[57:43]
accused of having predetermined a
[57:46]
hearing outcome that is not even been
[57:48]
scheduled at this point. And so uh the
[57:51]
division needs to be a little bit
[57:53]
careful in in going into too much
[57:57]
detail. I I think the the question for
[58:00]
the board really is
[58:03]
um is this is this a reasonable
[58:07]
response to this? And and if not, it
[58:10]
it's certainly okay for the board to
[58:12]
say, you know what, uh we just don't
[58:14]
have enough information to approve this
[58:17]
proposed stipulation or this
[58:19]
stipulation. And so we want to uh to get
[58:23]
more information that could come out for
[58:26]
example in a hearing. Elliot, do you
[58:28]
have any any other comment on that?
[58:32]
>> Yeah, I think that's exactly right,
[58:33]
Justin. Thanks. Um and for those
[58:36]
reasons, I think it's probably most
[58:38]
appropriate really to have
[58:41]
any real detailed discussion like this
[58:43]
happen and the close session that I
[58:45]
believe the the board is going to enter
[58:47]
into shortly. So, um, certainly the
[58:50]
concerns that have been raised, we can address those, but it's probably
[58:53]
best to do that in a in a close session.
[58:56]
So,
[58:58]
>> and and it's understandable that with
[59:01]
new board members, uh, so we're not uh
[59:04]
trying to call out or or
[59:07]
make any other comment other than just
[59:09]
to help understand the process. So, in a
[59:12]
stipulation,
[59:14]
uh, there's limited information that
[59:16]
you're going to be receiving. In a in a
[59:17]
hearing, there's total, you know,
[59:20]
opportunity to get answers to questions
[59:23]
that you might have, but this is a
[59:26]
little bit different process. It's short
[59:28]
shortened process just for a
[59:30]
stipulation.
[59:34]
» Thank you. Jared, you had your hand up.
[59:37]
>> I do. Um, so my question is more
[59:41]
general. Um,
[59:44]
and I'll say
[59:46]
>> Jared, Jared, before we move on, I want
[59:48]
to back up um, back to Chris because
[59:51]
Chris had the original question.
[59:54]
>> So Chris, is there anything else you'd
[59:56]
like to say before I move over to Jared?
[59:58]
>> No, no, I get I understand what they're
[1:00:00]
saying, what Mr. Barney and uh, Clark
[1:00:06]
have indicated. Yeah, I'm I'm curious
[1:00:09]
about processes and things like that and
[1:00:12]
which is not the form right here to
[1:00:14]
discuss that. So that's great. So we can
[1:00:16]
discuss that but some other opportunity
[1:00:19]
if needed.
[1:00:20]
>> Okay. I just want to double back to make
[1:00:22]
sure we're okay before Jared is going on
[1:00:25]
to a new a new topic. But okay, go ahead
[1:00:28]
Jared.
[1:00:29]
So, um,
[1:00:32]
Bren, if you could help remind me, um,
[1:00:35]
and and this is independent of this
[1:00:38]
case.
[1:00:40]
When we set up the mentorship program,
[1:00:42]
well, we have this supervisor
[1:00:45]
uh supervisor role that has some
[1:00:51]
fundamental requirements has some
[1:00:53]
requirements as far as you you can't
[1:00:55]
have any um disciplinary action and I
[1:00:59]
think it's the prior three years. It
[1:01:02]
might be prior five years. I don't
[1:01:03]
remember exactly what that is.
[1:01:06]
in accepting the mentorship.
[1:01:09]
Does this count as one of those? I can't
[1:01:11]
remember if and and even if this may not have even come up as we
[1:01:15]
were talking about the mentorship
[1:01:16]
program um and and architecting it. um
[1:01:23]
if would and I I I asked because um
[1:01:31]
it may have some impact on how I how I
[1:01:33]
feel about about approving or not
[1:01:36]
approving. Um, does this have any impact
[1:01:39]
on supervisor
[1:01:42]
uh and continuing as a supervisor or
[1:01:44]
supervising someone if if we do a mentor
[1:01:48]
a mentorship option?
[1:01:52]
>> I do not have off the top of my head,
[1:01:55]
but I believe our statute and rules
[1:01:59]
prohibit supervisors if they've had
[1:02:02]
disciplinary action.
[1:02:03]
>> It's the prior three years is the is the
[1:02:06]
rule.
[1:02:08]
Sorry, Michael. Michael, one more time.
[1:02:10]
>> Uh, prior three years will disqualify
[1:02:13]
them from being a supervisor.
[1:02:15]
>> Thank you.
[1:02:17]
>> And I can't remember is the mentorship
[1:02:19]
program considered a disciplinary
[1:02:20]
action.
[1:02:21]
>> Yes, mentorship is any any stipulation
[1:02:25]
and order is considered disciplinary
[1:02:28]
action and the mentorship as a result of
[1:02:32]
the stipulation and order will be
[1:02:34]
considered disciplinary action. It will
[1:02:36]
be reported to the ASC registry and it
[1:02:40]
goes in the newsletter as well.
[1:02:43]
>> Okay. Okay. That was my general question
[1:02:47]
asking for a friend.
[1:02:52]
» Is there any
[1:02:53]
>> Oh, go ahead, B.
[1:02:54]
>> Oh, I'm sorry. Is there any other
[1:02:56]
questions I could help anyone with?
[1:03:06]
All right, seeing none, um we'll move on
[1:03:10]
to
[1:03:13]
that brings us into Oh,
[1:03:16]
>> would you enterain would you entertain a
[1:03:18]
motion to uh go into an executive close
[1:03:22]
session to discuss the stipulation and
[1:03:25]
order pres presented by the board in the
[1:03:28]
matter of Jesse Palmer uh docket number
[1:03:32]
RE2. 26 uh 2026-097.
[1:03:39]
» We have a motion to go into executive
[1:03:42]
close session. Um is there a second?
[1:03:50]
» There's been a motion and a second.
[1:03:56]
Uh it can be open for discussion before
[1:04:00]
we we vote on it. Uh, we have two hands
[1:04:03]
up. Steve, you had your hand up first.
[1:04:06]
>> Yeah, I just before we go into that uh
[1:04:09]
close session, I did want to
[1:04:12]
bring up if we still needed to meet in
[1:04:15]
person this year. And if so, I wanted to
[1:04:18]
propose that we discuss that next
[1:04:20]
meeting on when we'd like to meet in
[1:04:23]
person.
[1:04:26]
>> We can have that added to the agenda uh
[1:04:29]
probably under the director's report.
[1:04:32]
Perfect.
[1:04:33]
>> Is that sufficient? Uh, director.
[1:04:39]
» Yes. Thank you. Sorry, couldn't find my microphone.
[1:04:43]
>> All right. U Joel, you had your hand up.
[1:04:47]
>> Um, in the packet, we got some
[1:04:49]
information about Peter Paulos, and I
[1:04:51]
just wanted to make sure it wasn't
[1:04:52]
something we're supposed to go over
[1:04:53]
before we go to executive session. And
[1:04:55]
Bren, is that something we were going to
[1:04:58]
discuss this month?
[1:05:00]
I can answer that. Um, it's a licensing
[1:05:03]
and what they do is they it's for uh
[1:05:05]
whether we're going to give them on this
[1:05:07]
one a permit to practice. There were two
[1:05:10]
six month um applications and we go over
[1:05:14]
typically um this one specifically. It
[1:05:17]
should have come through on the email
[1:05:19]
and it's uh titled yes answer
[1:05:21]
spreadsheet and the division reviews
[1:05:24]
them. In this case, uh, he had not taken
[1:05:27]
the appropriate education when, um,
[1:05:30]
performing a renewal, and so they gave
[1:05:34]
him a $250 fine, and then he had to take
[1:05:36]
the class, of course, that was taken
[1:05:39]
care of and paid for. So that doesn't uh
[1:05:42]
prohibit us from licensing him, but we
[1:05:45]
do review that even though it's a like a little infraction, if you will.
[1:05:53]
And and it's not typical that you
[1:05:55]
discuss it when I bring it up. Um just
[1:05:57]
in the licensing portion, if you have
[1:05:59]
questions, just pipe up and ask me and
[1:06:02]
we can chat about that as well. But no,
[1:06:05]
uh as far as I know, uh you do not need
[1:06:08]
to discuss that in close session. Any
[1:06:15]
other questions pertaining to going into
[1:06:17]
executive session?
[1:06:21]
Seeing none, um, all in favor say I.
[1:06:24]
>> I.
[1:06:26]
>> Any nay? Any nays?
[1:06:29]
With that, we'll go into executive
[1:06:31]
session.
[1:06:33]
>> All right. Let the record show that the
[1:06:36]
following board members have voted to
[1:06:38]
close this meeting for the sole purpose
[1:06:39]
of discussing the character,
[1:06:42]
professional competence, or physical and
[1:06:43]
mental health of an individual. Chair
[1:06:46]
Chris Pollson, Vice Chair Jared Pricer,
[1:06:49]
board member Chris Hansen, board member
[1:06:51]
Steve Davidson, board member Ron Jensen,
[1:06:54]
and board member Michael Brumble. And I
[1:06:57]
will open that breakup breakout room,
[1:06:59]
excuse me, for you now.
[2:09:11]
All right, I think everyone made it
[2:09:13]
back.
[2:09:17]
So, we are now
[2:09:19]
I see. Let me know what are we still
[2:09:22]
recording or do we need to wait until we
[2:09:23]
start recording?
[2:09:24]
>> We are still recording.
[2:09:26]
>> All right. Uh we're back in uh open
[2:09:29]
session and I'd like to open it up for a
[2:09:34]
motion.
[2:09:41]
» I think Michael's muted but trying to
[2:09:42]
talk.
[2:09:43]
>> Sorry. When you come back in you
[2:09:45]
automatically get muted and it
[2:09:48]
>> off.
[2:09:50]
>> I'd make a motion that we approve the
[2:09:53]
stipulation in the matter of Jesse
[2:09:54]
Palmer.
[2:09:56]
There is a motion to approve. Is there a
[2:09:58]
second?
[2:10:01]
>> I second that.
[2:10:05]
» There is a motion and a second. Uh we'll
[2:10:08]
do a roll call. Um we'll start with
[2:10:11]
Michael Rumble.
[2:10:13]
>> I
[2:10:15]
>> Steve Davidson.
[2:10:18]
>> I
[2:10:19]
>> Jared Pricer.
[2:10:22]
>> Nay.
[2:10:23]
Ron Jensen.
[2:10:25]
>> Hi,
[2:10:26]
>> Chris Hansen.
[2:10:30]
» May
[2:10:34]
» and Chris Pollson myself. Um, I'll say
[2:10:41]
did I miss any board members that are
[2:10:43]
present?
[2:10:45]
I think I got everybody. All right. So,
[2:10:49]
the motion passes 4 to two.
[2:10:53]
Um I am looking u asking the director if
[2:10:58]
there is board I mean I'm sorry division
[2:11:01]
concurrence.
[2:11:02]
>> Yes share the division concurrence.
[2:11:06]
>> Uh with that I believe we have finished
[2:11:09]
u the business of the board for the day
[2:11:13]
and looking for a motion to adjurnn.
[2:11:20]
I make a motion to adjurnn.
[2:11:23]
>> There is a motion to adjurnn. All in
[2:11:25]
favor say I.
[2:11:26]
>> I.
[2:11:28]
>> The eyes have it and we are have
[2:11:31]
completed business for the day. Thank
[2:11:32]
you.
[2:11:34]
>> Thank you.