PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-17-044.
Title of Rule and Other Identifying Information: WAC 308-125-050 Educational courses -- Preexamination, 308-125-060 Alternate to classroom hours, requirement preexamination, and 308-125-120 Fees and charges.
Hearing Location(s): Department of Licensing, Business and Professions Division, 2000 4th Avenue West, Building 3, Second Floor Conference Room, Olympia, 98502, on August 24, 2011, at 10:00 a.m.
Date of Intended Adoption: September 20, 2011.
Submit Written Comments to: Ralph C. Birkedahl, P.O. Box 9021, Olympia, WA 98507-9021, e-mail rbirkedahl@dol.wa.gov, fax (360) 570-4981, by August 17, 2011.
Assistance for Persons with Disabilities: Contact Dee Sharp by August 17, 2011, TTY (360) 664-0116 or (360) 664-6504.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Modification of WAC 308-125-050(2) will bring the rule into compliance with the appraisal qualification board's criteria regarding distance-learning, amending WAC 308-125-120 will simplify the national registry fee requirement and repeal of WAC 308-125-060 will disallow qualifying education credit for teaching.
Reasons Supporting Proposal: These changes will bring the real estate appraiser rules into compliance with the appraisal qualifications board's real property appraiser qualification criteria, the appraisal subcommittee policies and Title XI.
Statutory Authority for Adoption: RCW 18.140.030 (1), (7), (8), and (15).
Rule is necessary because of federal law, 12 U.S.C. 3338(a) as amended by PL 111-203 § 1473 (h)(1)(A).
Name of Proponent: [Department of licensing], governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ralph C. Birkedahl, Olympia, (360) 664-6504.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed changes have no impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is not one of the named agencies under this RCW.
July 14, 2011
Ben T. Shomshor
Rules Coordinator
OTS-4138.1
AMENDATORY SECTION(Amending WSR 10-09-025, filed 4/13/10,
effective 5/14/10)
WAC 308-125-050
Educational courses -- Preexamination.
(1) To be accepted under WAC 308-125-030(1), 308-125-040(1),
and 308-125-045(1), courses must:
(a) Be a minimum of fifteen classroom hours in length;
(b) Include an examination;
(c) Be directly related to real estate appraising; and
(d) Be approved by the director as identified in the appraiser program's publication Approved Courses, Real Estate Appraisers; or
(e) Be approved by the appraiser qualifications board and approved by the director.
(2) The following limitations may apply to course work submitted to the department for approval:
(a) ((A correspondence course)) Distance education may be
acceptable to meet classroom hour requirements only if each
course meets the following conditions:
(i) The course ((has been presented by an accredited
college or university which offers correspondence courses in
other disciplines)) provides interaction. Interaction is a
reciprocal environment where the student has verbal or written
communication with the instructor;
(ii) An individual successfully completes a closed-book
written examination administered at a location by an official
approved by the college or university; ((or)) and
(iii) ((The content and length of the course meet the
requirements for real estate appraisal-related courses
established by the appraiser qualifications board and approved
by the director.
(b) Video and remote television educational courses may be used to meet the classroom hour requirements only if each course meets the following conditions:
(i) The course has been presented by an accredited college or university which offers similar courses in other disciplines;
(ii) An individual successfully completes a written examination administered at a location by an official approved by the college or university; or
(iii) The content and length of the course meet the requirements for real estate appraisal-related courses established by the appraiser)) Content and course delivery mechanism approvals are obtained from the appraisal qualifications board or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the commission on colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the United States Secretary of Education. Nonacademic credit college courses provided by a college shall be approved by the appraisal qualifications board and approved by the director.
(((c))) (b) An applicant shall not receive "dual credit"
for courses that have the same or very similar content and are
deemed comparable by the department, even if an applicant
completes the courses through different course providers.
(3) Copies of official transcript of college records or certificates of course completion will be considered as satisfactory evidence for education requirements.
(4) Preexamination review seminars or examination preparation seminars will not be approved for clock hour credit.
(5) An application shall be submitted for approval not less than ninety days preceding the course start date. Course approval expiration shall be three years from the date of approval, except for the Uniform Standards of Professional Appraisal Practice courses or seminars having a definite date.
(6) All courses approved by the appraiser qualifications board will continue to be accepted by the department as approved courses until the expiration date.
(7) Appraisal course providers who have received the appraiser qualifications board's course approval are not required to submit course material or content materials to the department for approval. The course provider shall submit a secondary provider course content approval application to the department.
[Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). 10-09-025, § 308-125-050, filed 4/13/10, effective 5/14/10; 06-06-069, § 308-125-050, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). 97-02-004, § 308-125-050, filed 12/20/96, effective 1/20/97; 93-17-020, § 308-125-050, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. 91-04-074, § 308-125-050, filed 2/5/91, effective 3/8/91.]
| Title of Fee | Fee | ||
| (1) | Application for examination | $370.00 | |
| (2) | Examination | 120.00** | |
| (3) | Reexamination | 120.00** | |
| (4) | Original certification | 250.00* | |
| (5) | Certification renewal | 530.00* | |
| (6) | Late renewal penalty | 38.00 | |
| (7) | Duplicate certificate | 30.00 | |
| (8) | Certification history record | 30.00 | |
| (9) | Application for reciprocity | 370.00 | |
| (10) | Original certification via reciprocity | 250.00* | |
| (11) | Temporary practice | 150.00 | |
| (12) | Trainee registration | 200.00 | |
| (13) | Trainee registration renewal | 200.00 | |
| * | (( |
| ** | Charges for categories marked with a double asterisk are determined by contract with an outside testing service. |
[Statutory Authority: RCW 18.140.050 and 42.24.086. 09-24-037, § 308-125-120, filed 11/23/09, effective 1/1/10. Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). 06-06-069, § 308-125-120, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 43.24.086. 02-03-011, § 308-125-120, filed 1/4/02, effective 5/1/02; 99-04-075, § 308-125-120, filed 2/2/99, effective 3/5/99; 97-21-077, § 308-125-120, filed 10/17/97, effective 1/1/98; 97-16-042, § 308-125-120, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 18.140.030(1). 97-02-004, § 308-125-120, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. 92-18-018, § 308-125-120, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. 91-04-074, § 308-125-120, filed 2/5/91, effective 3/8/91.]
The following section of the Washington Administrative Code is repealed:
| WAC 308-125-060 | Alternate to classroom hours, requirement preexamination. |