(1) An individual applicant for licensure, certification, or registration under this chapter who is not a resident of this state shall submit with the applicant’s application an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the director of the division if, in an action against the applicant in a court of this state arising out of the applicant’s activities governed by this chapter in this state, the plaintiff cannot, in the exercise of due diligence, obtain personal service upon the applicant.
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Terms Used In Utah Code 61-2g-308

  • Appraisal: A determination of property value.
  • Appraisal: means an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real estate or identified real property. See Utah Code 61-2g-102
  • Board: means the Real Estate Appraiser Licensing and Certification Board that is established in Section 61-2g-204. See Utah Code 61-2g-102
  • Concurrence: means that the entities that are given a concurring role jointly agree to an action. See Utah Code 61-2g-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 61-2g-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Real estate: means an identified parcel or tract of land including improvements if any. See Utah Code 61-2g-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) A nonresident of this state who complies with Subsection (1) may obtain a license, a certification, or a registration in this state by complying with this chapter relating to licensure, certification, or registration.
(3)

     (3)(a) A nonresident of this state who complies with Subsection (1) may obtain a temporary permit for a license or certification to perform a contract relating to the appraisal of real estate or real property in this state.
     (3)(b) To qualify for the issuance of a temporary permit for a license or certification, an applicant shall:

          (3)(b)(i) submit an application on a form approved by the division;
          (3)(b)(ii) submit evidence that the applicant is licensed or certified in the state in which the applicant primarily conducts business;
          (3)(b)(iii) certify that no formal charges alleging violation of state appraisal licensing or certification laws have been filed against the applicant by the applicant’s state of domicile; and
          (3)(b)(iv) pay an application fee in an amount established by the division with the concurrence of the board.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, with the concurrence of the board, shall make rules establishing:

     (4)(a) the duration of a temporary permit; and
     (4)(b) procedures for renewal of a temporary permit.
(5) A temporary permit issued under this section shall be immediately and automatically revoked if the appraiser’s license or certification is suspended or revoked in the appraiser’s state of domicile.
(6) A person whose temporary permit for a license or certification is revoked under Subsection (5) is entitled to a postrevocation hearing to challenge the revocation. The hearing shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

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