WSR 17-24-040
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed November 30, 2017, 9:18 a.m., effective December 31, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The amendment will modify rule to allow more flexibility in the training and supervision of appraiser trainees by giving supervisory appraisers more latitude to determine when a trainee is competent to inspect subject properties in accordance with the national standards. Rule change suggested by the real estate appraiser commission appraisal subcommittee.
Citation of Rules Affected by this Order: Amending WAC 308-125-095 (1)(h)(i).
Statutory Authority for Adoption: RCW 18.140.030.
Other Authority: Title XI § 1122 (b), 12 U.S.C.
Adopted under notice filed as WSR 17-17-028 on August 8, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 29, 2017.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-02-008, filed 12/28/15, effective 1/28/16)
WAC 308-125-095 Responsibilities of the appraiser supervisor.
(1) A certified real estate appraiser licensed by the state of Washington may supervise trainees in accordance with the following provisions:
(a) The certified real estate appraiser is in good standing and not subject to any disciplinary action which affects their legal eligibility to engage in appraisal practice within the three years preceding registration to become a supervisory appraiser.
(b) The certified real estate appraiser shall have been certified for a minimum of three years prior to becoming a supervisory appraiser.
(c) The certified real estate appraiser shall have completed a course that, at a minimum, complies with the specification for course content established by the appraiser qualifications board. This course must be completed prior to supervising a registered appraiser trainee.
(d) Not more than three real estate appraiser trainees may be supervised in accordance with the appraiser qualifications board standards unless written authorization by the department is granted to exceed that number of trainees at any one time.
(e) Supervision of trainees in the process of appraising real property shall occur within the boundaries of the state of Washington and comply with jurisdictional and established agreements with other states. If a trainee is supervised by a certified appraiser who is licensed in both the state of Washington and with another state or has a temporary license in another state; and the trainee is registered as a trainee in that other state by either temporary permit, license, or registration, then the appraisal assignments shall qualify as work experience on the experience log.
(f) Authorization to exceed supervision of three trainees may be granted by the director upon approval of a written request and under the provisions of subsection (2) of this section.
(g) A registered real estate appraiser trainee may assist in the completion of an appraisal report, including determination of an opinion of value and may sign the appraisal report, provided that he/she is actively and personally supervised by a state-certified real estate appraiser, and provided that the appraisal report is reviewed and signed by the state-certified real estate appraiser; and provided the state-certified appraiser accepts total responsibility for the appraisal report.
(h) The certified appraiser shall:
(i) Personally inspect each appraised property with the trainee appraiser, ((at a minimum, the interior of twenty-five subject properties, or)) until the supervisory appraiser ((considers)) determines the trainee is competent to inspect the property, in accordance with the Competency Rule of USPAP for the property type.
(ii) Personally review and verify each appraisal report prepared by the trainee as entered on the trainee experience log as qualifying work experience prior to the log being submitted to the department by the supervised trainee. The trainee shall be entitled to obtain copies of the appraisal reports in which the trainee provided appraisal assistance.
(iii) Personally review and verify each appraisal report prepared by a state licensed or certified residential appraiser as entered on the qualifying work experience log prior to the log being submitted to the department by the licensee. The state licensed or certified residential appraiser shall be entitled to obtain copies of the appraisal reports in which the state licensed and certified residential appraiser provided appraisal assistance.
(iv) Comply with all USPAP requirements.
(v) Maintain a separate "properties inspected with trainee" log for each supervised trainee. This log must be made available to the department upon request and is to be submitted with trainee's application for license or certification.
(vi) Register with the department as a supervisory appraiser and include the names of the registered real estate appraiser trainees being supervised. Registration must be five business days prior to the start of supervision. The supervisory appraiser shall notify the department when they are no longer a supervisory appraiser of a trainee, with such notice including the name, address, and registration number of the registered trainee.
(2) Authorization may be granted by the director to a certified appraiser to exceed the number of trainees allowed to be supervised providing:
(a) The certified appraiser has more than five years certified experience.
(b) The certified appraiser shall make a written application to the department requesting to supervise not more than three trainees with less than one year experience; and three trainees with more than one year experience; and five trainees with greater than two years experience. The total number of supervised trainees shall not exceed eight for all experience levels at any one time.
(c) The certified appraiser shall prepare and maintain trainee progress reports and make them available to the department until such time as the trainee becomes certified or licensed or after two years has lapsed since supervising the trainee.
(d) The certified appraiser shall provide to the department a mentoring plan for consideration prior to the department authorizing supervision of more than three trainees.