WSR 01-23-004

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 7, 2001, 2:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR [01-01-089].

Title of Rule: Defining prescribed core curriculum (core curriculum continuing education).

Purpose: To mandate three clock hours of prescribed core curriculum for real estate licensees license renewal.

Other Identifying Information: Also amends WAC 308-124A-600, 308-124H-025, 308-124H-061, and 308-124H-062.

Statutory Authority for Adoption: RCW 18.85.040(4).

Summary: Requires the completion of three clock hours of prescribed core curriculum, included in the thirty clock hours for renewal of both salesperson and broker real estate licenses.

Reasons Supporting Proposal: Allows for the real estate commission to mandate continuing education core curriculum which covers current legal issues and trends in real estate of an urgent or compelling nature.

Name of Agency Personnel Responsible for Drafting: Syd Beckett, Olympia, Washington, (360) 664-6524; Implementation and Enforcement: Department of Licensing, Real Estate Program, 2000 4th Street, Olympia, WA 98507.

Name of Proponent: Washington State Real Estate Commission and Washington Department of Licensing, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: As drafted and submitted to the code reviser.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: A required core curriculum is a tool by which the Department of Licensing can ensure that certain critical information, such as law changes and updates, reaches all licensees in a timely manner. These issues may vary between commercial, residential and property management practitioners. The completion of a mandatory core curriculum continuing education requirement by all real estate licensees seeks to enhance the practice of real estate and thereby increase consumer protection.

Proposal Changes the Following Existing Rules: The proposed rule will require amendments to WAC 308-124A-600, specifying dates to report the prescribed core curriculum clock hours and that failure to report will result in denial of license renewal. WAC 308-124H-025 will be amended to specify that the prescribed core curriculum may be offered by the Washington State Real Estate Commission, requiring a renumbering of the sections in this WAC. This WAC also is amended to include who may teach the prescribed core curriculum and the requirements to be met. Also amended will be WAC 308-124H-061 Grounds for denial or withdrawal of course approval and 308-124H-062 Hearing procedure [see WSR 01-23-005].

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact to the providers of continuing real estate education. The core course is a three hour course only, which would incorporate into the thirty clock hour requirement.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, 405 Black Lake Boulevard S.W., Conference Room, Olympia, WA 98502, on December 28, 2001, at 9:00 a.m. - 11:00 a.m.

Assistance for Persons with Disabilities: Contact Jana Jones by December 21, 2001, TDD (360) 753-1966, or (360) 664-6524.

Submit Written Comments to: Jana L. Jones, Assistant Administrator, Real Estate Program, P.O. Box 2445, Olympia, WA 98507-2445, fax (360) 586-0998, by December 21, 2001.

Date of Intended Adoption: December 28, 2001.

November 7, 2001

Alan E. Rathbun

Assistant Director

Business and Professions Division

OTS-5059.2


AMENDATORY SECTION(Amending WSR 97-01-027, filed 12/10/96, effective 1/10/97)

WAC 308-124A-600   Continuing education clock hour requirements.   A licensee shall submit to the department evidence of satisfactory completion of clock hours, pursuant to RCW 18.85.165, in the manner and on forms prescribed by the department.

(1) A licensee applying for renewal of an active license shall submit evidence of completion of at least thirty clock hours of instruction in a course(s) approved by the director and commenced within thirty-six months of a licensee's renewal date. A minimum of fifteen clock hours must be completed within twenty-four months of the licensee's current renewal date((;)), and a portion of that fifteen must include three hours of the prescribed core curriculum defined at WAC 308-124A-605. Up to fifteen clock hours of instruction beyond the thirty clock hours submitted for a previous renewal date may be carried forward to the following renewal date. Licensees shall begin reporting prescribed core curriculum for renewal dates on or after June 1, 2004. Failure to report successful completion of the prescribed core curriculum clock hours shall result in denial of license renewal.

(2) The thirty clock hours shall be satisfied by evidence of completion of approved real estate courses as defined in WAC 308-124H-025. A portion of the thirty clock hours of continuing education must include three clock hours of prescribed core curriculum defined at WAC 308-124A-605.

(3) Courses for continuing education clock hour credit shall be commenced after issuance of a first license.

(4) A licensee shall not place a license on inactive status to avoid the continuing education requirement. A licensee shall submit evidence of completion of continuing education clock hours to activate a license if activation occurs within one year after the license had been placed on inactive status and the last renewal of the license had been as an inactive license.

(5) Approved courses may be repeated for continuing education credit in subsequent renewal periods.

(6) Clock hour credit for continuing education shall not be accepted if:

(a) The course is not approved pursuant to chapter 308-124H WAC and chapter 18.85 RCW;

(b) Course(s) was taken to activate an inactive license pursuant to RCW 18.85.215(3);

(c) Course(s) was used to satisfy the requirements of RCW 18.85.095 (1)(b), real estate salesperson's license, RCW 18.85.095 (2)(a), real estate salesperson's practices course, and RCW 18.85.090, broker's license and WAC 308-124A-570, reinstatement.

(7) Instructors shall not receive clock hour credit for teaching or course development.

[Statutory Authority: RCW 18.85.040 and chapter 18.86 RCW. 97-01-027, 308-124A-600, filed 12/10/96, effective 1/10/97. Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, 308-124A-600, filed 1/5/95, effective 2/5/95. Statutory Authority: RCW 18.85.040. 91-23-006, 308-124A-600, filed 11/7/91, effective 12/8/91.]


NEW SECTION
WAC 308-124A-605   Defining prescribed core curriculum.   A licensee shall submit to the department evidence of satisfactory completion of three clock hours of core curriculum continuing education approved by the director. Core curriculum continuing education is a specific course of study, recommended by the real estate commission for approval by the director that provides practical information on contemporary issues relating to the practice of real estate. The commission may recommend multiple core curricula to address residential, commercial and property management disciplines or may recommend readoption of the same core curriculum if appropriate. Core curriculum may be developed in a separate three clock-hour course or may be three clock hours contained within an approved thirty or less clock-hour course. Core curriculum must be completed within twenty-four months of the licensee's renewal date. Core curriculum commenced within thirty-six months but more than twenty-four months prior to the licensee's renewal date, may not count towards the core curriculum requirement, but may apply as regular continuing education credit for renewal.

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OTS-5060.3


NEW SECTION
WAC 308-124H-014   Establishing time frame for approval of core curriculum.   The first required core curriculum continuing education courses will be offered for eighteen months, beginning June 1, 2002, ending December 31, 2003. Following the initial introductory core curriculum, the approval period for courses designated as satisfying the core curriculum(s) shall be from January 1 through December 31, a two-year (twenty-four month) period. Courses submitted and approved prior to the two-year period will not be allowed to commence for core curriculum credit until January 1. Courses submitted later than January 1, will still have an expiration date of December 31, making that course approval period less than two years.

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AMENDATORY SECTION(Amending WSR 00-08-035, filed 3/29/00, effective 7/1/00)

WAC 308-124H-025   General requirements for course approval.   Courses shall meet the following requirements:

(1) Be offered by a private entity approved by the director to operate as a school;

(2) Be offered by a tax-supported, public technical or community college or other institution of higher learning that certifies clock hours as indicated in RCW 18.85.010(9), consistent with the approval standards prescribed by the director and this chapter;

(3) Be offered by the Washington real estate commission;

(4) Have a minimum of three hours of course work or instruction for the student. A clock-hour is a period of fifty minutes of actual instruction;

(((4))) (5) Provide practical information related to the practice of real estate in any of the following real estate topic areas: Fundamentals, practices, principles/essentials, real estate law, legal aspects, brokerage management, business management, taxation, appraisal, evaluating real estate and business opportunities, property management and leasing, construction and land development, ethics and standards of practice, real estate closing practices, current trends and issues, finance, hazardous waste and other environmental issues, commercial, real estate sales and marketing, instructor development or the use of computers and/or other technologies as applied to the practice of real estate;

(((5))) (6) Be under the supervision of an instructor approved to teach the topic area, who shall, at a minimum, be available to respond to specific questions from students on an immediate or reasonably delayed basis;

(((6))) (7) The following types of courses will not be approved for clock hours: Course offerings in mechanical office and business skills, such as, keyboarding, speed-reading, memory improvement, language, and report writing; orientation courses for licensees, such as those offered by trade associations; and personal and sales motivation courses or sales meetings held in conjunction with a licensee's general business. Clock hours will not be awarded for any course time devoted to meals or transportation;

(((7))) (8) Courses of thirty clock hours or more which are submitted for approval shall include a comprehensive examination(s) and answer key(s) of no fewer than three questions per clock hour with a minimum of ninety questions, and a requirement of passing course grade of at least seventy percent; essay question examination keys shall identify the material to be tested and the points assigned for each question;

(((8))) (9) Include textbook or instructional materials approved by the director, which shall be kept accurate and current; ((and))

(((9))) (10) Not have a title which misleads the public as to the subject matter of the course;

(11) Courses offering the prescribed core curriculum shall meet the requirements of WAC 308-124A-605;

(12) Only primary providers shall be approved to teach the prescribed core curriculum; and

(13) Course providers offering core curriculum within a course exceeding three clock hours must clearly indicate in the application for approval where the core curriculum elements are met in the course.

[Statutory Authority: RCW 18.85.040 and The Governor's Order on Regulatory Improvement 97-02. 00-08-035, 308-124H-025, filed 3/29/00, effective 7/1/00. Statutory Authority: RCW 18.85.040 and chapter 18.86 RCW. 97-01-027, 308-124H-025, filed 12/10/96, effective 1/10/97. Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, 308-124H-025, filed 1/5/95, effective 7/1/95. Statutory Authority: RCW 18.85.040. 91-23-006, 308-124H-025, filed 11/7/91, effective 12/8/91. Statutory Authority: RCW 18.85.040, [18.85].085, [18.85].090 and [18.85].095. 91-07-029, 308-124H-025, filed 3/14/91, effective 4/14/91. Statutory Authority: RCW 18.85.040. 90-10-010, 308-124H-025, filed 4/20/90, effective 8/1/90.]

Washington State Code Reviser's Office