Newsletters

• Director's Message – Market Research
• Distributing Commissions
• Rule Developments Since June 1, 2022
• 2023 Mortgage License Renewal Information
• Division Staff Spotlight
• ASB USPAP Extension
• Lifecycle of a Complaint
• 3rd Quarter Licensing & Disciplinary Actions
• Kagie's Korner
• AAMR Conference Overview/Recap
• Instructor Development Workshop 2022 — Reminder and Registration
• Credits

Over the last four to six months the Division has received several questions about Utah law and the proper distribution of commissions. We have been told that there are brokers who give verbal or written instructions to title companies to distribute commissions directly to sales agents by mailing them a check or by some form of electronic transfer to the sales agents' bank accounts. The law is very clear, that while a title company may be involved, the payment must be distributed by the principal broker.

61-2f-305. Restrictions on commissions.

1. Except as provided in Subsection (2), an associate broker or sales agent may not accept valuable consideration for the performance of an act specified in this chapter from a person except the principal broker with whom the associate broker or sales agent is affiliated.
2. An associate broker or sales agent may receive valuable consideration for the performance of an act specified in this chapter from a person other than the principal broker with whom the associate broker or sales agent is affiliated if:
   1. the valuable consideration is paid with a payment instrument prepared by a title insurance agent;
   2. the title insurance agent provides the payment instrument to the principal broker;
   3. the title insurance agent complies with the written instructions of the principal broker:
      1. in preparing the payment instrument; and
      2. delivering the payment instrument to the principal broker; and
   4. the principal broker directly delivers the payment instrument to the associate broker or sales agent.

While the statute does allow a title insurance agent to prepare a payment instrument, brokers may not delegate the distribution of the commission instrument to a title company. Commission instruments need to be delivered to the principal broker who then delivers them to the associate broker or sales agent.

If you are a principal broker, please ensure that your commission distribution policies and procedures adhere to state law.

To view and comment on any proposed or amended rules during the public comment period, please visit the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/

The Appraiser Board organized a committee to review data collection in relation to the Appraisal Management Company rules. The Committee has met on several occasions and on August 24th they presented a proposal to the Board. On September 28th, the Board voted to move the rule amendment forward for public comment.

On September 14, 2022, the Real Estate Appraiser Licensing and Certification Rule was amended to: 1) provide an alternative means of obtaining appraisal experience through Practical Application of Real Estate Appraisal, or "PAREA;" 2) make permanent the option of virtual-live education for pre-licensing and continuing education; and 3) provide additional experience options for appraisers including those working in centrally assessed property appraising.

A few months ago, the Mortgage Commission organized a committee to review information security standards. The committee has met several times and forwarded a recommendation to the Commission to amend the Utah Residential Mortgage Practices and Licensing Rules. In its September Commission meeting, the Mortgage Commission approved the filing of an application to amend the rule, consistent with the recommendation of the information security committee. The Division is preparing to file the proposed rule amendment with the Office of Administrative Rules. After the proposed rule amendment is filed, there will be an opportunity for public comment on the proposed rule amendment.

The Real Estate Commission is considering a proposed rule amendment that provides for the designation of an acting principal broker in the event of the death or incapacity of a principal broker; the addition of core topics for continuing education; the easing of licensing qualification requirements for an applicant who is licensed as a broker in another state; and other minor proposed changes. The proposed rule amendment is being prepared for the consideration of the Commission at the next Commission meeting.

The Division is considering proposing an amendment to the Affiliated Title Business rule that would require affiliated title entities to notify the division within 30 days of the date that they terminate their affiliation. This proposed rule would provide notice to the Division that no annual report is required from the entity that is no longer affiliated.

There are currently no proposed rule amendments under consideration for the Timeshare and Camp Resort Rules.

All Mortgage licenses must be renewed on an annual basis. Renewal requests can be made on your NMLS filing between November 1st and December 31st, 2022. You may prepare now so that your renewal will go smoothly by following these checklists:

Before November 1st, 2022

1. Review your MU4 filing in the NMLS to make sure your information is current and correct. This includes mailing address, email, phone numbers, name, and employment history.
2. Review your NMLS filing to make sure there are no license items placed on your filing. License items may be deficiencies or requirements that are pending on your license and must be cleared prior to requesting renewal. When a license item is placed on your filing, you receive an email through the NMLS notifying you of the deficiency or requirement. Some common deficiencies include Employment History Updates, returned ACH Payments that remain unpaid, and requests for information about Disclosure Questions or Credit Reports. Satisfy all pending license items prior to renewal. You may call the Division of Real Estate at 801-530-6747 if you do not understand a noted deficiency or need help getting it cleared. For assistance in navigating the NMLS system, please contact the NMLS Call Center at (855) 665-7123. NMLS Support staff will assist you with NMLS system issues and requesting your license renewal online.
3. If your driver's license number has changed, be sure to indicate this update on your filing, as well as your US citizenship status. This information may be found under the Identifying Information section on your MU4 form. If your information is incorrect or incomplete, we may place a deficiency on your license requiring you to provide the Division with a copy of the Certificate of Legal Presence. If your information reflects accurately on your MU4 filing, you will not need to submit this form (Certificate of Legal Presence) to us as you may have done so in prior years.
4. Education: NMLS-approved continuing education (8 hours), the Utah Law Course (2 hours), and *MLOs licensed between 11/01/2021 and 10/31/2022 must have completed the new Utah MLO Course (5 hours) by 10/21/22 if they desire to renew their mortgage license at the beginning of the 2022 renewal period on November 1st. Lending Managers are NOT required to complete the new Utah MLO Course. All continuing education requirements must be completed prior to requesting renewal. It is recommended that these hours be completed no later than December 15th, 2022 in order to ensure an on-time renewal. The NMLS will prevent you from requesting renewal if these CE hours are not banked in the NMLS before December 31, 2022.
5. If your license is on probation and there are requirements that must be completed at renewal, either to have the probation removed or as terms of the probation, make sure these items are reported to the Division before you request renewal. This will aid in getting your renewal processed in a timely manner.
   *MLOs LICENSED BETWEEN 11/01/21 AND 10/31/2022 MUST HAVE COMPLETED THE NEW UTAH MLO COURSE (5 HOURS) BY 10/21/22 IF THEY DESIRE TO RENEW THEIR MORTGAGE LICENSES ON NOVEMBER 1st * You will be prevented from renewing until your hours are banked on the NMLS and the division has removed the prevent renewal from your license.

On or After November 1st, 2022:

1. You may request renewal of your license through the NMLS. The renewal fee is $78.00 which includes the NMLS processing fee of $30, Renewal fee of $30.00 and Recovery Fund fee of $18.00. You will be required at that time to ATTEST to the accuracy of your filing so make sure, once again, that all is correct.
2. If there is a change in your answers to the Disclosure Questions, you must upload the required documentation explaining the change in your filing.
3. If you request your renewal prior to January 1st, 2023, your license will remain in the status that it was prior to your request for renewal. If your status was active, you can continue to work as usual while your request is being reviewed. Approval of your request for renewal is contingent on all requirements being met.
4. A credit report and background check are NOT REQUIRED this year.

Prior to November 1st, 2022:

Review MU1 filing and/or MU3 filing to confirm that all the information including company location, mailing address, contact information, etc., is correct.

If there is a change to any of your answers to the Disclosure Questions, you must provide a detailed explanation and upload documentation to support your explanation.

Review the entity filing to make sure there are no license items placed on the filing. These items could include things like a missing quarterly *MCR report, returned ACH Payment, update qualifying individual, company ownership, etc.
*MCR reports are required to be filed at the end of each quarter; companies with missing reports that are past the 75-day deadline will be prevented from renewing and could be subject to license denial and/or fines.

Provide a current Certificate of Existence for all entities & DBAs from the Utah Division of Corporations. Please upload your certificate to the Certificate of Authority/Good Standing section document upload of your MU1 filing. You may replace your 2022 certificate with the new 2023 certificate.

On or After November 1st, 2022:

Request and pay renewal fees through NMLS between November 1st and December 31st, 2022. If renewal is requested prior to January 1st, 2023, your license will remain in the status that it was prior to your request for renewal. If your license status was active, work can continue as usual while your renewal request is in review. Approval of your request for renewal is contingent on all requirements being met, in which case, the Division will process your request as quickly as possible. A new 2023 license will be emailed to the email address listed in the regulator contact information.

The Appraisal Foundation's Appraisal Standards Board (ASB) announced today (08/11/2022), that the current edition of the Uniform Standards of Professional Appraisal Practice (USPAP) will be extended by another year. The 2020-2021 USPAP will now be effective until December 31, 2023. This extension is in addition to a previous one-year extension of USPAP issued by the Appraisal Standards Board in February 2021.

"After careful consideration, the Appraisal Standards Board has voted to extend the current edition of USPAP through December 31, 2023," said ASB Chair Michelle Czekalski Bradley. "The ASB launched a comprehensive review of the ETHICS RULE in February and just released the resulting Third Exposure Draft in July. As USPAP matures, revisions such as this will take more time to conduct the requisite research to ensure changes continue to uphold the public trust. I am proud of the work we have done, in conjunction with the preeminent fair housing law firm Relman Colfax, to develop the proposed changes to the ETHICS RULE in the Third Exposure Draft, and the Board looks forward to receiving public comment on this proposed change."

Future editions of USPAP will have beginning effective dates, but no end dates to give the ASB greater flexibility to thoroughly examine proposed changes and respond in a timely manner to a changing marketplace.

To learn more about this announcement, please visit The Appraisal Foundation website, appraisalfoundation.org , or click here to read our Frequently Asked Questions , including how this decision impacts continuing education courses.

Making a phone call to the Division of Real Estate is not a "quick fix" or a "get out of the contract right now" solution. In order for us to investigate a complaint, we need a written complaint, completed on the Division's Complaint Form, with supporting documentation validating the allegations, submitted through our website at realestate.utah.gov.

Once a complaint has been received and reviewed, it will be assigned to an investigator who will contact the Complainant within 10 days of that assignment, by email or telephone, to introduce themselves and provide contact information for future communications. The investigator might also request a personal interview along with additional documentation upon initial contact.

The investigator reviews the complaint and usually provides a copy to the Respondent with a request for a written statement concerning the allegations and a copy of the property transaction file. The transaction file should include a full production of records including email and text correspondence. The Respondent has 10 business days to provide the requested documents to the investigator. After the receipt of documents from the Respondent, the investigator will prepare an action plan to gather pertinent evidence to determine the validity of the complaint. This fact-gathering phase may include telephone interviews, face-to-face interviews, email correspondence, field visits, accessing digital record repositories, and retrieving records from title companies, banks, mortgage companies, appraisal companies, etc.

Once all the evidence is compiled, evaluated, and weighed for vindicating, aggravating, and mitigating factors, the investigator will write up an investigative report with a thorough analysis of the evidence gathered and identify possible violations. If no apparent violations are found and no warning letter is to be issued, the report will be forwarded to the Lead Investigator. If possible violations are identified, the case will be forwarded to the Chief Investigator for review.

If the Lead Investigator (no violations or warning letter issued) agrees with the recommendations of the investigator, the report is then forwarded to the Director for approval to close the case. If the Director approves of closing the case, the investigator will notify both the Complainant and the Respondent that the case has been closed.

When the investigation identifies possible violations and the Chief Investigator approves the case to move forward, the investigator will notify the Respondent and issue a "Findings Letter" with the results of the investigation including possible violations with suggested penalties. The Respondent has 10 days from this notice to select one of two options: settlement by Stipulation or a Hearing in front of the Commission or Board.

The terms of a settlement by Stipulation must be agreed to by both the Division and the Respondent and written up by an Assistant Attorney General or Analyst, and presented in front of the Commission or Board for approval. The Commission or Board may reject or approve a settlement by Stipulation. If Commission or Board approval is given, the respondent is notified and the agreed-upon penalty will be assessed with instructions on how to proceed with payment of penalties, completion of continuing education, and any license sanctions.

If the Respondent selects the Hearing option, the Respondent or their legal counsel will be given the opportunity to present their defense in front of the Commission or Board at an upcoming meeting. The Division will be represented by an Assistant Attorney General or Analyst to present their investigative findings. The Respondent will be notified of the decision once a written order has been reviewed and approved.

After the Division resolves the case, the matter could potentially be referred to the Attorney General’s office if it appears that there is possible criminal conduct.

Our process for investigations is lengthy and can stretch from months to years depending on complexity. We are careful to conduct a thorough investigation throughout the complaint process and appreciate the opportunity to share why the "lifecycle of a complaint" takes some contemplative time.

Please note that Utah law allows 30 days for appeal of an order. Some of the actions below might be subject to this appeal right or currently under appeal.

To view a copy of an order referenced in this article please visit the Utah Division of Real Estate Disciplinary Actions Search at: http://52.39.65.14/licensing-and-disciplinary-actions/

There were no disciplinary or licensing actions in the appraisal and Appraisal Management industries in the third quarter.

There were no disciplinary or licensing actions in the mortgage industry in the third quarter.

AMIRKHANYAN, VICTORIA R., sales agent, South Jordan, Utah. In an order dated August 16, 2022, Ms. Amirkhanyan's license was renewed and placed on probation for the renewal period due to a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-22-136900

BENNETT TIM P., sales agent, Hurricane, Utah. In an order dated June 29, 2022, Mr. Bennett's license was reinstated and placed on probation for the renewal period due to a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-22-135864

BERRY, DANIEL B., dual broker, Draper, Utah. In a stipulated order dated July 20, 2022, the Division found that Mr. Berry failed to conduct property inspections and assessments required by property management agreements; failed to enforce terms of tenant leases; failed to attempt to collect charges owed by tenants; and failed to verify the authenticity of tenant documents. Mr. Berry admits that he did not comply with property owners' conditions for using trust funds for repairs and improvements to owners' properties; he did not use reasonable care and diligence in providing management services to property owners; he did not hold safe and account for all money entrusted to the brokerage; he did not comply with the duties of property management agreements; he disbursed funds from the owners' property management account in violation of the property management agreements, and he disbursed funds from the owners' property management account without maintaining records to clearly evidence that the disbursements were authorized by the property management agreements or the owners' instructions. These actions are violations of Utah law and administrative rules. Mr. Berry agreed to pay a civil penalty of $7,000 and to complete six hours of continuing education in addition to the continuing education required for his next license renewal. Docket No. RE-2022-013 and Case number RE-18-102681

BHATIA, GURSIMRAN, sales agent, West Valley City, Utah. In an order dated July 20, 2022, Mr. Bhatia's license was granted and placed on probation for the initial licensing period due to criminal history. Case number RE-22-136305

BOWN, MARY N., sales agent, Murray, Utah. In an order dated July 29, 2022, Ms. Bown's license was renewed and placed on probation for one year due to a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-22-136487

BRADY, KYLE, sales agent, Tooele, Utah. In an order dated August 19, 2022, the Real Estate Commission granted Mr. Brady's application for licensure as a real estate sales agent and placed his license on probation for the initial licensing period due to a prior revocation of Mr. Brady's educator license. Case number RE-22-135199

BROWN, SARAH L., sales agent, Salt Lake City, Utah. In an order dated June 23, 2022, Ms. Brown's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-22-135754

CORDEN, BRENT, principal broker, Hooper, Utah. In a stipulated order dated June 15, 2022, Mr. Corden admits that a buyer's earnest money deposit check was deposited into a title company's escrow account rather than into his brokerage trust account and the check was deposited more than four days after acceptance, contrary to the requirements of the REPC. Mr. Corden also admits that he was aware that the buyer had been working with another agent on another transaction but failed to contact the other agent to determine if any prior agency existed or had been terminated. These actions are contrary to Utah law and administrative rules. Mr. Corden agreed to pay a civil penalty of $3,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Case No. RE-18-103601

DEARING, GEOFF W., principal broker, West Jordan, Utah. In a stipulated order dated July 20, 2022, Mr. Dearing admits that as principal broker and as a member and the manager of a limited liability company that was the buyer in a cancelled transaction, he failed to execute a written agency agreement between his brokerage and his limited liability company; and that his company failed to deliver $5,000 earnest money within four days of acceptance of the offer as required by the REPC, $500 of the earnest money was nonrefundable. The $500 non-refundable earnest money was eventually paid to the seller. Mr. Dearing’s conduct is a violation of Utah law and administrative rules. He agreed to pay a civil penalty of $3,000 and to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Docket No. RE-2022-012 and Case number RE-20-121571

DEYOUNG, STEVEN, sales agent, Taylorsville, Utah. In a stipulated order dated July 20, 2022, Mr. DeYoung admits that he participated in a foreclosure rescue that required sellers to transfer title of their property to a third-party business owned by Mr. DeYoung. Mr. DeYoung's business then leased the property back to sellers with an option to purchase. He did not inform sellers that he was a licensed real estate sales agent. Sellers failed to pay the agreed-upon rent and Mr. DeYoung sent sellers a notice to pay or vacate. In the resulting civil action, sellers were ordered to vacate the property. Mr. DeYoung's actions are violations of Utah law and administrative rules. Mr. DeYoung agreed to pay a civil penalty of $25,000 with the possible reduction in the amount of the penalty of up to $15,000, dollar for dollar, for restitution paid by Mr. DeYoung to sellers. In addition, Mr. DeYoung's license was placed on probation until October 31, 2025, and he is required to complete three hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-18-103092

DIAMOND, MICHAEL, principal broker, Wanship, Utah. In a stipulated order dated June 15, 2022, Mr. Diamond admits that he failed to obtain a written agency agreement with his client and that he failed to deposit earnest money into the brokerage trust account. When the transaction was cancelled, rather than return the earnest money to the buyers, Mr. Diamond entered into a settlement agreement and made regular payments of principal and interest over a period of approximately ten months until the earnest money had been returned in full. Mr. Diamond admits that his conduct is in violation of Utah law and administrative rules. Mr. Diamond agreed to pay a civil penalty of $10,000 and to complete six hours of continuing education in addition to the continuing education required for his next license renewal. Case number RE-18-102232

EDDINGTON, GORDON, sales agent, Ivins, Utah. In a stipulated order dated July 20, 2022, Mr. Eddington admits that he entered into a referral agreement to receive a flat fee for referring a client to a home builder. When he was not paid the referral fee, Mr. Eddington brought a small claims action against the builder in his own name to collect the referral fee. Utah law provides that only a principal broker may bring an action for the recovery of a fee. Mr. Eddington admits that his conduct is a violation of Utah law. He agreed to surrender his real estate sales agent license in resolution of this matter. Case number RE-18-103400

EQUITY REAL ESTATE PROPERTY MANAGEMENT ("EPM"). These cases also relate to Eric Lee and Kristin Matulonis. In an order dated June 2, 2022, the Real Estate Commission found that EPM conducted the business of property management over an extended period of time without first registering with the Division; without Mr. Lee, the principal broker, filing a separate registration for EPM or being licensed as a dual broker; that Ms. Matulonis was paid directly by the unregistered entity rather than by her principal broker; that advertisements indicated that EPM was a dual brokerage despite it not being registered and the advertisements were therefore false, misleading, or deceptive; that Mr. Lee failed to exercise reasonable supervision over Ms. Matulonis; and that Mr. Lee failed to reconcile the brokerage trust account records at least monthly. The total amount of civil penalty assessed for these violations of Utah law and administrative rules is $23,500. Portions of the penalty are divided among the three parties to these cases. Docket No. RE-2020-018, Case numbers RE-19-113799 and RE-19-115332

HATCH, MICHELLE, sales agent, Heber City, Utah. In an order dated August 31, 2022, Ms. Hatch's license was granted and placed on probation for the initial licensing period due to a plea in abeyance agreement in a criminal matter. Case number RE-22-137238

HELGESON, LARRAINE DEANNE, sales agent, Heber City, Utah. In an order dated August 11, 2022, Ms. Helgeson's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-22-136796

HOGANSON, ANDREA DAWN, sales agent, Millcreek, Utah. In an order dated June 7, 2022, Ms. Hoganson's license was denied due to her criminal history and a civil judgment for unpaid child support. Case number RE-22-135424

HURD, THRISHTIN, sales agent, West Jordan, Utah. In an order dated June 8, 2022, Ms. Hurd's license was renewed and placed on probation for the renewal period due to a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-22-135490

LADD, MICHAEL GORDON, sales agent, Star Valley Ranch, Wyoming. In an order dated June 8, 2022, Mr. Ladd's license was reinstated and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-22-135482

LEE, ERIC V., principal broker, Pleasant View, Utah. This case relates to Equity Real Estate Property Management ("EPM") and Kristin Matulonis, associate broker. In an order dated June 2, 2022, the Real Estate Commission found that EPM conducted the business of property management over an extended period of time without first registering with the Division; without Mr. Lee as principal broker filing a separate registration for EPM or being licensed as a dual broker; that Ms. Matulonis was paid directly by the unregistered entity rather than by Mr. Lee, her principal broker; that advertisements indicated that EPM was a dual brokerage despite it not being registered and the advertisements were therefore false, misleading, or deceptive; that Mr. Lee failed to exercise reasonable supervision over Ms. Matulonis; and that Mr. Lee failed to reconcile the brokerage trust account records at least monthly. The total amount of civil penalty assessed for these violations of Utah law and administrative rules is $23,500. Portions of the penalty are divided among the three parties to this case. In addition, Mr. Lee is required to complete nine hours of continuing education in addition to the continuing education required for his next license renewal. Docket No. RE-2020-019, Case Number RE-19-115332

MARTINS, CAMILLA FERRAZ, sales agent, Taylorsville, Utah. In an order dated June 16, 2022, Ms. Martins's license was granted and placed on probation due to a pending criminal matter. Case number RE-22-135640

MATULONIS, KRISTIN, associate broker, Sandy, Utah. This case also relates to Eric Lee and Equity Real Estate Property Management ("EPM"). In an order dated June 2, 2022, the Real Estate Commission found that EPM conducted the business of property management over an extended period of time without first registering with the Division; without Mr. Lee, the principal broker, filing a separate registration for EPM or being licensed as a dual broker; that Ms. Matulonis was paid directly by the unregistered entity rather than by her principal broker; that advertisements indicated that EPM was a dual brokerage despite it not being registered and the advertisements were therefore false, misleading, or deceptive; that the principal broker failed to exercise reasonable supervision over Ms. Matulonis; and that the principal broker failed to reconcile the brokerage trust account records at least monthly. The total amount of civil penalty assessed for these violations of Utah law and administrative rules is $23,500. Portions of the penalty are divided among the three parties to these cases. In addition, Ms. Matulonis is required to complete six hours of continuing education in addition to the continuing education required for her next license renewal. Docket No. RE-2020-020, Case Number RE-19-113799

SCHROYER, KAREN D., sales agent, South Jordan, Utah. In an order dated July 15, 2022, Ms. Schroyer's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-22-136216

SHARP, WILLIAM, sales agent, Clifton, Idaho. In an order dated June 1, 2022, Mr. Sharp's license was renewed and placed on probation for one year due to a plea agreement for a withheld judgment in a criminal matter during the past licensing period. Case number RE-22-135283

TALBERT, DANIEL RAY, sales agent, South Weber, Utah. In an order dated June 15, 2022, Mr. Talbert's license was reinstated and placed on probation for one year due to a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-22-135628

VALLEJO, BRIDGETTE FAITH, sales agent, Eagle Mountain, Utah. In an order dated June 23, 2022, Ms. Vallejo's license was granted and placed on probation for the initial licensing period due to a pending criminal matter. Case number RE-22-135742

WAYMAN, JEREMY WILLIAM, sales agent, Kearns, Utah. In an order dated June 27, 2022, Mr. Wayman's application for licensure as a real estate sales agent was denied due to criminal history. Case number RE-22-135801

WIHONGI, VAUGHN E., principal broker, Alpine, Utah. In an order dated July 22, 2022, Mr. Wihongi's license was reinstated and placed on probation for the renewal period due to a plea in abeyance agreement in a criminal matter during the past licensing period. Case number RE-22-136353

WILKS, KEVIN, sales agent, Sandy, Utah. In an order dated June 23, 2022, Mr. Wilks's license was renewed and placed on probation for the renewal period due to criminal conduct during the past licensing period. Case number RE-22-135752

HESS, TREVOR J., salesperson, Orem, Utah. In an order dated August 10, 2022, Mr. Hess's application for registration was denied due to criminal history. Case number TS-22-136759

Speaking with a licensed Appraiser, Mortgage, or Real Estate professional, it surprises me the number of times that a licensee references a Statute or Administrative Rule, but does not reference the correct citation. For example, I might have a discussion with a licensee about a specific rule regarding how much money a real estate licensee may give to an unlicensed individual and still comply with the administrative rule for unsolicited referrals. The licensee usually asks if the referral fee limit is $50. They are surprised when the answer is actually $250. The licensee then asks: "When did that change?" I reply, "Well in 2010, it went up to $150, then in 2020, it went up to $250." In the past month, a number of cases I have been working on involve websites where a licensee cites an old Administrative Rule that was renumbered back in December 2010, almost twelve years ago! I ask myself how can a licensee effectively practice if they do not know the current laws and rules?

The easiest way to stay up to date with the changes is to read the Division's Newsletter each quarter. A recurring article provides a brief rule update for each industry. In the first quarter newsletter of each year, Director Stewart writes an article about the Statutory changes from the current legislative session. In addition, a licensee may visit the Division's website http://52.39.65.14, click on the respective industry tab, then click the Statute and Administrative Rule button. There you may easily find a link to the current Statutes and Administrative Rules that impact and constitute the legal framework for each industry. The Statutes change over time (updated in mid-May). The Rules may be changed at any time of the year as determined by the respective Commission or Board with concurrence from the Division.

Most licensees become familiar with the Statutes and Rules at the time they are initially licensed while studying their pre-licensing courses. Unfortunately, a fair number of licensees fail to stay up to date with later changes. As the Statutes and Rules are continuously being updated, it is the recommendation of the Division that at least once a year each Licensee take a quick review of the licensing Statutes and Rules, so that they may stay up to date and practice lawfully.

Realtor® Code of Ethics

The Division is the Administrative Agency that issues professional licenses and enforces the statute and administrative rules that govern each license. The Division does not enforce the Realtor® Code of Ethics. The Code of Ethics is enforced by the local real estate board with which a licensee may be associated. The Division frequently receives ethical complaints that the Division declines to investigate as these matters are more appropriately reviewed by the local Realtorℜ associations. If you have a complaint about a violation of the Code of Ethics and the complaint involves a Realtor®, please direct your complaint to the appropriate local Realtor® board.

Staff members of the Division recently attended the annual conference of the American Association of Residential Mortgage Regulators. Hot topics at this year's conference were data security and alternate work locations. The discussions were focused on how to protect the public's information for those working from home or from alternate work locations, and who should be responsible for preventing and minimizing the damaging impacts from any security breaches. Several states have already enacted new legislation regarding these issues including Kentucky, Ohio, New York, and a few other states. New York modeled their rule after the Federal Trade Commission (FTC) Safeguard Rule.

Filing Mortgage Call Reports was another area of emphasis as many entities are failing to file regular and timely reports. Many states have increased their enforcement penalties for first and second offenses. Utah licensed entities are required to provide a quarterly MCR through the NMLS no later than 75 days after the last day of the reporting quarter. Utah Code 61-2c-302(5)(a).

Our annual Instructor Development Workshop (IDW) is right around the corner! Don’t miss out, click the registration link below to secure your spot!

http://52.39.65.14/instructor-development-workshop/

Attendance at the two-day IDW is REQUIRED once every two years for all real estate, mortgage, and appraiser pre-licensing instructors, as well as real estate continuing education instructors who teach any of the Mandatory Courses. Mortgage and appraisal CE instructors are invited to attend this workshop, but please keep in mind that no CE credit can be given. Only Real Estate instructors (pre-license and continuing education) as well as attending real estate licensees, will be eligible to receive core continuing education credit for attendance at this outstanding training event. Please keep in mind that CE credits are only awarded in full-day segments.

We are also excited to announce and introduce to you this year's guest speaker, Jim Fletemier. Jim is a Nationally recognized motivational humorist and instructional developer, as well as a former residential Broker in the Lake Norman/North Charlotte market of North Carolina, consistently one of the most dynamic markets in the Country. He brings true passion and a unique approach to lifelong learning, and an observational lens that certainly puts a different spin on things!

Jim is also the founder and Lead Curriculum Developer for E4 Education Development Services© (a B2B consultative instructor and curriculum development firm serving adult education and trainers worldwide) as well as the lead researcher on some current forward thinking in the field of Educational Psychology. A comment often heard from students and student instructors is that Jim makes "the complicated concepts finally make sense." In addition to being an NC Broker in Charge, Jim holds the DREI designation, the highest designation given to Real Estate Instructors nationally.

A self-proclaimed dog person and keen observer of the obvious, Jim regularly leaves his students smiling, laughing, and inspired while somehow having learned even more than they realize! A true believer in leading by example, Jim is known for demonstrational teaching methods that highlight the skills being taught.

We are very excited to have Jim as our speaker this year and are looking forward to seeing you all there.!