WSR 99-18-101

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF LICENSING


(Real Estate Commission)

[ Filed September 1, 1999, 9:53 a.m. ]

Subject of Possible Rule Making: Pursuant to the Real Estate Commission rules review plan in accordance with governor's executive order on regulatory improvement, the following rules chapters will be subject to review, possible amendment, new sections or repeal: Chapter 308-124H WAC.

In particular: WAC 308-124H-011 Course approval required, 308-124H-021 Approval of courses, 308-124H-025 Application for course approval, 308-124H-028 Certificate of completion, 308-124H-051 Disciplinary action--Procedures--Investigation, 308-124H-061 Grounds for denial or withdrawal of course approval, 308-124H-062 Hearing procedure, 308-124H-220 Approval of schools, 308-124H-230 Application for school approval, 308-124H-240 Administrator qualifications, 308-124H-260 Required publication, 308-124H-270 Course description, 308-124H-320 Hearing procedure, 308-124H-520 Approval of instructors, 308-124H-580 Hearing procedure, and 308-124H-800 Real estate course, school and instructor approval fees.

Also under consideration for rule change: WAC 308-124-021 Definitions and 308-124E-013(1) Administration of funds held in trust--Real estate and business opportunity transactions.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.85.040, the governor's executive order on regulatory improvement.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rules review process is designed to streamline, eliminate or modernize rules that need attention in accordance with the department's regulatory improvement rule review plan. A revision to the broker's "pooled interest bearing" trust account rule is needed to conform with 1999 legislative action enacted under SB 5442. An additional rule is needed to define the statutory term "prospect procurement" as it relates to real estate licensees standards of practice.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Agency study including negotiated rule making with affected stakeholder groups.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Bob Mitchell, Real Estate Program Manager, P.O. Box 9015, Olympia, WA 98507-9015, fax (360) 586-0998, phone (360) 586-6102, e-mail bmitchell@dol.wa.gov.

August 25, 1999

Fred Stephens

Director

Washington State Code Reviser's Office