WSR 03-11-050

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 16, 2003, 3:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-011.

Title of Rule: WAC 308-125-090.

Purpose: This proposed amendment is designed to establish the requirement for taking the seven-hour national USPAP update course or its equivalent or the fifteen-hour national USPAP course every renewal.

Statutory Authority for Adoption: RCW 18.140.030(8).

Statute Being Implemented: Chapter 18.140 RCW.

Summary: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cleotis Borner, Jr., Olympia, (360) 664-6504.

Name of Proponent: Department of Licensing, Real Estate Appraiser Program, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Driver Examining Station, 2502 112th Street #200, Tacoma, WA, on Friday, June 27, 2003, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Ralph Birkedahl by June 22, 2003, TDD (360) 664-0116 or (360) 664-6504.

Submit Written Comments to: Cleotis Borner, Jr., Real Estate Appraiser Program, P.O. Box 9015, Olympia, WA 98507-9015, fax (360) 586-0998, by June 25, 2003.

Date of Intended Adoption: June 27, 2003.

May 16, 2003

Cleotis Borner, Jr.

Program Manager

OTS-6393.1


AMENDATORY SECTION(Amending WSR 99-11-039, filed 5/14/99, effective 6/14/99)

WAC 308-125-090   Continuing education required.   (1) As a prerequisite to renewal of certification or licensure, the holder of a certificate or license shall present evidence satisfactory to the director of successful completion of the continuing education requirements of this section.

(2) The continuing education requirements for renewal of certification or licensure shall be the completion by the applicant of ((twenty classroom)) twenty-eight hours of instruction in courses or seminars which have received the approval of the director. Courses must be completed within the term of certification or licensure immediately preceding renewal((: Provided, That effective January 1, 1998, the number of classroom hours is twenty-eight; further, every other renewal period, the holder of a certificate or license will present evidence of successful completion of at least fifteen hours of approved USPAP related continuing education. The hours of USPAP education may be included in the total education hours submitted for both the current and previous renewal periods)). An applicant shall not receive credit in consecutive renewals for courses that have the same or very similar content and are deemed comparable by the department. The holder of a certificate or license will present evidence of successful completion of the seven-hour National USPAP update course or its equivalent, or the fifteen-hour National USPAP course every renewal.

(3) In order for courses or seminars to be accepted under subsection (2) of this section, the course or seminar must be a minimum of two hours in length and be directly related to real estate appraising. However, a maximum of one-half of the continuing education hours required for renewal can be in two-hour seminars or courses.

(4) An examination is not required for courses or seminars taken for continuing education classroom hours. The exception is the fifteen-hour Uniform Standards of Professional Appraisal Practice (USPAP) course when required by the course provider.

(5) The requirement under subsection (2) of this section may be met by participation other than as a student in educational process and programs approved by the director including teaching, program development, and authorship of textbooks and other written instructional materials.

(6) Courses or seminars taken to satisfy the continuing education requirement for general real estate appraisers, should include coverage of real estate appraisal related topics, such as:

(a) Ad valorem taxation.

(b) Arbitrations.

(c) Business courses related to practice of real estate.

(d) Construction estimating.

(e) Ethics and standards of professional practice.

(f) Land use planning, zoning, and taxation.

(g) Management, leasing, brokerage, timesharing.

(h) Property development.

(i) Real estate appraisal (valuations/evaluations).

(j) Real estate financing and investment.

(k) Real estate law.

(l) Real estate litigation.

(m) Real estate related computer applications.

(n) Real estate securities and syndication.

(o) Real property exchange.

(p) Such other presentations approved by the director.

(7) Courses or seminars taken to satisfy the continuing education requirement for residential real estate appraisers should include coverage of real estate appraisal related topics, such as:

(a) Ad valorem taxation.

(b) Business courses related to practice of real estate.

(c) Construction estimation.

(d) Ethics and standards of professional practice.

(e) Land use planning, zoning, taxation.

(f) Property development.

(g) Real estate financing and investment.

(h) Real estate law.

(i) Real estate related computer applications.

(j) Real estate securities and syndication.

(k) Real property exchange.

(l) Real estate feasibility and marketability studies.

(m) Such other presentations approved by the director.

(n) Real estate securities and syndication.

(o) Real estate property exchange.

(p) Such other presentations approved by the director.

(8) Courses or seminars taken to satisfy the continuing education requirement for licensed real estate appraisers should include coverage of real estate appraisal related topics, such as:

(a) Ad valorem taxation.

(b) Arbitration.

(c) Business courses related to practice of real estate appraisal.

(d) Construction estimating.

(e) ((Ethnics)) Ethics and standards of professional practice.

(f) Land use planning, zoning, and taxation.

(g) Management, leasing brokerage, timesharing.

(h) Property development.

(i) Real estate appraisal (valuations/evaluations).

(j) Real estate law.

(k) Real estate litigation.

(l) Real estate financing and investment.

(m) Real estate appraisal related computer applications.

(n) Real estate securities and syndication.

(o) Real property exchange.

(p) Such other presentations approved by the director.

[Statutory Authority: RCW 18.140.030(8). 99-11-039, 308-125-090, filed 5/14/99, effective 6/14/99. Statutory Authority: RCW 18.140.030(1). 97-02-004, 308-125-090, filed 12/20/96, effective 1/20/97; 93-17-020, 308-125-090, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. 91-04-074, 308-125-090, filed 2/5/91, effective 3/8/91.]

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