WSR 04-03-039

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 15, 2004, 10:21 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-21-018.

Title of Rule: Will amend WAC 308-124A-110(3), 308-124A-025 (1), (2), (3), (4), and 308-124A-440.

Purpose: To allow for e-commerce in the payment of the examination fee, to allow for payment with credit card, debit card, e-checks, and vouchers. Also amends the rule to allow payment at the time of registration for the examination.

Other Identifying Information: The proposed rule amendments are only to amend those rules which list the method and timing of the payment for a real estate examination.

Statutory Authority for Adoption: RCW 18.85.040(1).

Statute Being Implemented: RCW 18.85.120.

Summary: The above rule amendments will allow for e-commerce in the payment of the real estate license examination fee, to allow for payment with credit card, cashier's check, certified check, money order, debit card, e-checks, or money vouchers to the testing center.

Name of Agency Personnel Responsible for Drafting: Jana L. Jones, Department of Licensing, Black Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524; Implementation and Enforcement: DOL Real Estate Program, Department of Licensing, Black Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524.

Name of Proponent: Washington State Real Estate Commission and Department of Licensing Real Estate Program, governmental.

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

Proposal Changes the Following Existing Rules: The rule amendments will allow for e-commerce in the payment of the examination fee, to allow for payment with credit card, debit card, money orders, money vouchers, e-checks, cashiers checks, and certified checks.

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. Department of Licensing is exempt from this law.

Hearing Location: Department of Licensing, Black Lake Building #3, 2000 4th Street, Real Estate Conference Room, 2nd Floor, Olympia, WA, on February 24, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Jana Jones, TDD (360) 753-1966 or (360) 664-6524.

Submit Written Comments to: Jana L. Jones, Assistant Administrator, Real Estate Program, P.O. Box 24[4]5, Olympia, WA 98507-2445, fax (360) 586-0998, by February 23, 2004.

Date of Intended Adoption: March 23, 2004.

January 9, 2004

Mykel D. Gable

Assistant Director

Business and Professions Division

OTS-6923.1


AMENDATORY SECTION(Amending WSR 02-07-060, filed 3/15/02, effective 4/15/02)

WAC 308-124A-110   Application for real estate examination, licensed in another jurisdiction.   (1) Any person applying for a real estate broker or real estate salesperson examination who is actively licensed in the same or greater capacity in another jurisdiction and has maintained his or her license in good standing or who was actively licensed in the same or greater capacity in good standing within the preceding six months is eligible to take the Washington law portion of the examination.

(2) Any person applying to take the examination under this section shall submit an examination application approved by the department and shall submit evidence of licensure in another jurisdiction by a license verification form completed by an administrative officer of the licensure authority in such jurisdiction.

(3) After the qualifications for the examination have been verified by the department the candidate shall telephone the testing service up to three days prior to the desired test date to schedule and pay for an examination by cashier's check, certified check, money order, credit card, debit card, e-checks, or money voucher to the testing service approved by the department. Candidates requesting a morning or afternoon test session shall be scheduled immediately for an examination and will be provided with a registration number confirming their reservation. On the day of the examination, the candidate shall submit at the test site the verified examination application and ((examination fee by cashier's check, certified check or money order to the testing service approved by the department. Cash or personal checks will not be accepted from candidates)) any supporting documents required by the department.

(4) The director, upon advice of the Washington state real estate commission, may consider entering into written recognition agreements with other jurisdictions which license real estate brokers and salespersons similarly to Washington state. The recognition agreement(s) shall require the other jurisdiction to grant the same licensing process to licensees of Washington state as is offered by Washington state to licensee applicants from other jurisdictions.

[Statutory Authority: RCW 18.85.040(1). 02-07-060, 308-124A-110, filed 3/15/02, effective 4/15/02. Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, 308-124A-110, filed 1/5/95, effective 2/5/95. Statutory Authority: RCW 18.85.040. 91-23-006, 308-124A-110, filed 11/7/91, effective 12/8/91; 88-20-037 (Order PM 775), 308-124A-110, filed 9/30/88; 87-20-091 (Order PM 683), 308-124A-110, filed 10/7/87; 81-05-016 (Order RE 128), 308-124A-110, filed 2/10/81.]

OTS-6924.1


AMENDATORY SECTION(Amending WSR 95-03-012, filed 1/5/95, effective 7/1/95)

WAC 308-124A-025   Application process to take examination not licensed in another jurisdiction.   This section does not apply to applicants for a real estate salesperson or broker license who are actively licensed in another jurisdiction or were so licensed in the preceding six months.

(1) Any person desiring to take an examination for a real estate salesperson license, except applicants who have received clock hours in another jurisdiction, which have not been approved by the department or applicants who are requesting substitution of clock hours per WAC 308-124A-425, shall telephone the testing service up to three days prior to the desired test date to schedule and pay for an examination by cashier's check, certified check, money order, credit card, debit card, e-checks, or money voucher to the testing service approved by the department. On the day of the examination, the candidate shall submit a completed examination application together with ((the examination fee and)) any supporting documents, including evidence satisfactory to the department of having successfully completed an approved sixty clock hour fundamentals course, to the testing service approved by the department.

(2) Any person desiring to take an examination for a real estate salesperson license who received clock hours in another jurisdiction which have not been approved by the department or salesperson applicants who are requesting substitution of clock hours per WAC 308-124A-425, must submit a completed examination application with supporting documents, including evidence satisfactory to the department of having successfully completed any and all approved clock hour courses for licensure, to the real estate program of the department of licensing. After the qualifications for the examination have been verified by the department, the candidate shall telephone the testing service up to three days prior to the desired test date to schedule and pay for an examination by cashier's check, certified check, money order, credit card, debit card, e-checks, or money voucher to the testing service approved by the department. On the day of the examination, the candidate shall submit the verified examination application and examination fee to the testing service approved by the department.

(3) Any person desiring to take an examination for a real estate broker license, including applicants who have received clock hours in another jurisdiction which have not been approved by the departments or broker applicants who are requesting substitution of clock hours per WAC 308-124A-425, must submit a completed examination application with supporting documents, including evidence satisfactory to the department of having successfully completed any and all approved clock hour courses for licensure, to the real estate program of the department of licensing. After the qualifications for the examination have been verified by the department, the candidate shall telephone the testing service up to three days prior to the desired test date to schedule and pay for an examination by cashier's check, certified check, money order, credit card, debit card, e-checks, or money voucher to the testing service approved by the department. On the day of the examination, the candidate shall submit the verified examination application and ((examination fee)) any supporting documents to the testing service approved by the department.

(4) The candidate will be able to schedule an examination date up to three days prior to their desired test date. Candidates requesting a morning or afternoon test session will be scheduled immediately for an examination and will be provided with a registration number confirming their reservation. On the day of the examination, the candidate shall submit the verified examination application and ((examination fee by cashier's check, certified check, or money order to the testing service approved by the department. Cash, or personal check, will not be accepted from candidates)) any supporting documents to the testing service approved by the department.

(5) A candidate shall be assessed the full examination fee for any examination in which the candidate fails to provide four days notice to the testing service for changing their examination date or for failing to arrive and take a scheduled examination at the time the examination is scheduled or rescheduled.

[Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, 308-124A-025, filed 1/5/95, effective 7/1/95. Statutory Authority: RCW 18.85.040. 93-24-096, 308-124A-025, filed 11/30/93, effective 1/1/94; 91-23-006, 308-124A-025, filed 11/7/91, effective 12/8/91; 89-08-009 (Order PM 829), 308-124A-025, filed 3/24/89; 88-20-036 (Order PM 774), 308-124A-025, filed 9/30/88, effective 1/1/89; 87-20-091 (Order PM 683), 308-124A-025, filed 10/7/87; 81-05-016 (Order RE 128), 308-124A-025, filed 2/10/81; Order RE 114, 308-124A-025, filed 7/2/75.]


AMENDATORY SECTION(Amending WSR 93-24-096, filed 11/30/93, effective 1/1/94)

WAC 308-124A-440   Reexamination.   An applicant who has failed the examination or failed to appear for a scheduled examination may apply for reexamination, provided the required reexamination fee is submitted.

An applicant who has failed the examination or failed to appear for a scheduled examination may apply for reexamination by telephoning the testing service to schedule and pay for an examination by cashier's check, certified check, money order, credit card, debit card, e-checks, or money voucher to the testing service approved by the department. Broker exam applicants who applied for a waiver and failed the examination must comply with the provisions of WAC 308-124A-040.

[Statutory Authority: RCW 18.85.040. 93-24-096, 308-124A-440, filed 11/30/93, effective 1/1/94; 88-20-036 (Order PM 774), 308-124A-440, filed 9/30/88, effective 1/1/89; 86-11-011 (Order PM 595), 308-124A-440, filed 5/12/86, effective 10/1/86.]

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