WSR 06-09-074

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed April 18, 2006, 10:58 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-06-045.

Title of Rule and Other Identifying Information: WAC 308-124A-430 Grading of real estate examinations.

Hearing Location(s): Department of Licensing, 2nd Floor Conference Room, 2000 4th Avenue West, Olympia, WA, on May 24, 2006, at 1:00 p.m.

Date of Intended Adoption: May 24, 2006, or after.

Submit Written Comments to: Jerry McDonald, P.O. Box 2445, Olympia, WA 98507, e-mail jmcdonald@dol.wa.gov, fax (360) 570-7051, by May 15, 2006.

Assistance for Persons with Disabilities: Contact Marjorie Hatfield by May 15, 2006, TTY (360) 664-8885 or (360) 664-6526.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To ensure the real estate examination encompasses current law and to clarify the six months validity of the passing score.

Reasons Supporting Proposal: To clarify the subject matter of real estate tests and the time limits on validity of an examination.

Statutory Authority for Adoption: RCW 18.85.040.

Statute Being Implemented: RCW 18.85.130.

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

Name of Proponent: Real estate program, department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry McDonald, 2000 4th Avenue West, Olympia, WA, (360) 664-6524.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact on businesses enterprises - only affects individual applicants for licensure as a real estate salesperson or broker.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed changes have no financial impact on the department.

April 17, 2006

Jerry McDonald

Assistant Administrator

OTS-8676.1


AMENDATORY SECTION(Amending WSR 91-07-029, filed 3/14/91, effective 4/14/91)

WAC 308-124A-430   Grading of examinations.   (1) ((A minimum scaled score of 70 on each portion of the real estate salesperson examination is required to pass.)) To pass the real estate salesperson examination a minimum scaled score of 70 is required on each portion. The real estate salesperson examination shall consist of two portions: (a) The national portion consisting of questions that test general real estate practices and (b) the state portion consisting of questions that test on Washington ((licensing)) laws and regulations ((effective July 1, 1991)) related to real estate licensing.

(2) ((A minimum scaled score of 75 on each portion of the real estate broker examination is required to pass.)) To pass the real estate broker examination a minimum scaled score of 75 is required on each portion. The real estate broker examination shall consist of two portions: (a) The national portion consisting of questions that test general real estate brokerage practices and (b) the state portion consisting of questions that test on Washington ((licensing)) laws((,)) and regulations related to real estate licensing, and the closing/settlement process ((effective July 1, 1991)).

(3) A passing score for a portion of an examination shall be valid for a period not to exceed six months ((effective July 1, 1991)) from the date of testing.

[Statutory Authority: RCW 18.85.040, [18.85].085, [18.85].090 and [18.85].095. 91-07-029, 308-124A-430, filed 3/14/91, effective 4/14/91. Statutory Authority: RCW 18.85.040. 88-20-036 (Order PM 774), 308-124A-430, filed 9/30/88, effective 1/1/89; 86-11-011 (Order PM 595), 308-124A-430, filed 5/12/86, effective 10/1/86.]

Washington State Code Reviser's Office