WSR 17-18-077
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed September 5, 2017, 10:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-15-103.
Title of Rule and Other Identifying Information: WAC 308-124A-700 Application for a licenseFingerprinting.
Hearing Location(s): On October 26, 2017, at 10:00 a.m., at the Department of Licensing, Real Estate Program, 2000 4th Avenue West, Building 3, Room 3204, Olympia, WA 98502.
Date of Intended Adoption: October 27, 2017.
Submit Written Comments to: Jerry McDonald, Department of Licensing, Real Estate Program, P.O. Box 48053, Olympia, WA 98502-48053 [98502-8053], email jmcdonald@dol.wa.gov, 360-664-6525, by October 25, 2017.
Assistance for Persons with Disabilities: Contact Jerry McDonald, phone 360-664-6525, TTY 711, email jmcdonald@dol.wa.gov, by October 25, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Modify existing rule language to reflect how the program handles fingerprint cards and process.
Reasons Supporting Proposal: To reflect how the program handles fingerprint cards.
Statutory Authority for Adoption: RCW 18.85.171 and 18.85.191.
Statute Being Implemented: RCW 18.85.191.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98502, 360-664-6525.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Department of licensing is exempt under RCW 24.05.328 [34.05.328] (5)(a).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal is exempt under RCW 19.85.020(3).
Explanation of exemptions: This rule affects only individual applicants or licensees.
September 5, 2017
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-05-064, filed 2/12/16, effective 3/14/16)
WAC 308-124A-700 Application for a licenseFingerprinting.
(1) New applicants applying for their first broker's license under chapter 18.85 RCW will be required to submit to a fingerprint background check with the department's authorized vendor.
(2) Applicants applying for their first managing broker's license using alternative qualifications will be required to submit to a fingerprint background check with the department's authorized vendor.
(3) Fingerprint background checks are required for every active renewal every six years. If the department background check was within the last six years, then no new background check is required to activate a license.
(4) An application submitted without the required fingerprint background check is considered incomplete.
(5) When fingerprints are rejected, the ((department will contact the licensee or applicant via the email address on file with the department. The)) licensee or applicant must follow the authorized vendor's procedures for resubmitting fingerprints within twenty-one calendar days ((of the date the department sends the email)). Failure to follow the vendor's fingerprint procedures within twenty-one days will result in a suspension of the real estate license until the vendor's fingerprint procedures are followed. The licensee or applicant will be responsible for any additional fees due.