(1)

1. (a) An individual is required to register with the division as a trainee before the individual acts in the capacity of a trainee earning experience for licensure.

2. (b) Subject to Subsection (2), the board, with the concurrence of the division, shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for:

   1. (i) the trainee registration required by this Subsection (1); and
   2. (ii) renewal of the trainee registration required by this Subsection (1).

(2)

1. (a) An individual applying to register as a trainee under this chapter shall:

   1. (i) submit a fingerprint card in a form acceptable to the division at the time of applying for registration; and

   2. (ii) consent to a criminal background check by:

      1. (A) the Utah Bureau of Criminal Identification; and
      2. (B) the Federal Bureau of Investigation.
2. (b) The division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for an applicant through a national criminal history system.

3. (c) The applicant shall pay the cost of:

   1. (i) the fingerprinting required by this section; and
   2. (ii) the criminal background check required by this section.

4. (d)

   1. (i) A registration as a trainee under this chapter is conditional pending completion of the criminal background check required by this Subsection (2).

   2. (ii) A registration is immediately and automatically revoked if a criminal background check discloses that the applicant fails to accurately disclose a criminal history involving:

      1. (A) the appraisal industry; or
      2. (B) a felony conviction on the basis of an allegation of fraud, misrepresentation, or deceit.

   3. (iii) If a criminal background check discloses that an applicant fails to accurately disclose a criminal history other than one described in Subsection (2)(d)(ii), the division shall review the application, and in accordance with rules made by the division pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may:

      1. (A) place one or more conditions on a registration;
      2. (B) place one or more restrictions on a registration;
      3. (C) revoke a registration; or
      4. (D) refer the application to the board for a decision.

   4. (iv) An individual whose conditional registration is automatically revoked under Subsection (2)(d)(ii) or whose registration is conditioned, restricted, or revoked under Subsection (2)(d)(iii) may appeal the action in a hearing conducted by the board:

      1. (A) after the action is taken; and
      2. (B) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
   5. (v) The board may delegate to the division or an administrative law judge the authority to conduct a hearing described in Subsection (2)(d)(iv).

   6. (vi) Relief from an automatic revocation under Subsection (2)(d)(ii) may be granted only if:

      1. (A) the criminal history upon which the division bases the revocation did not occur or is the criminal history of another person;
      2. (B) the revocation is based on a failure to accurately disclose a criminal history, and the applicant has a reasonable good faith belief at the time of application that there was no criminal history to be disclosed; or
      3. (C) the division fails to follow the prescribed procedure for the revocation.
5. (e) If a registration is revoked or a revocation is upheld after a hearing described in Subsection (2)(d)(iv), the individual may not apply for a new registration for a period of 12 months after the day on which the registration is revoked.
6. (f) The board may delegate to the division the authority to make a decision on whether relief from a revocation should be granted.
7. (g) Money paid by an applicant for the cost of the criminal background check is nonlapsing.