WSR 07-10-035

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed April 24, 2007, 1:58 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-02-008.

Title of Rule and Other Identifying Information: WAC 308-124A-450 Real estate licensing examination procedures.

Hearing Location(s): Department of Licensing, 2nd Floor Conference Room, 2000 4th Avenue West, Olympia, WA, on June 8, 2007, at 10:00 a.m.

Date of Intended Adoption: June 8, 2007, 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 June 1, 2007.

Assistance for Persons with Disabilities: Contact Marjorie Hatfield by June 1, 2007, TTY (360) 664-8885 or (360) 664-6426.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To ensure the security of real estate examinations.

Reasons Supporting Proposal: To clarify procedures for security breaches and disruptive behavior at testing sites by applicants.

Statutory Authority for Adoption: RCW 18.85.040(1).

Statute Being Implemented: RCW 18.85.090, 18.85.095, and 18.85.130.

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

Name of Proponent: Real estate program, business and professions division, 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 business enterprises - only affects individual applicants for licensure as real estate salespersons or real estate brokers.

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

April 24, 2007

Jerry McDonald

Assistant Administrator

OTS-9661.2


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

WAC 308-124A-450   Examination procedures.   (1) Each applicant will be required to present one piece of positive identification which bears a photograph of the applicant. ((In the event the applicant has no photo identification, the applicant will be required to make prior arrangements with the department not later than ten working days prior to the examination.)) Failure to produce the required identification will result in the applicant being refused admission to the examination.

(2) Applicants will be required to refrain from:

(a) Talking to other examinees during the examination unless specifically directed or permitted to do so by a test monitor. ((Any applicant observed talking or attempting to give or receive information; using unauthorized materials during any portion of the examination; or removing test materials and/or notes from the testing room will be subject to denial of a license.))

(b) Attempting to communicate or record any information.

(c) Using unauthorized materials during any portion of the examination.

(d) Removing test materials and/or notes from the testing room.

(e) Disruptive behavior.

(3) Applicants who participate in ((disruptive behavior during the examination)) any activity listed in subsection (2) of this section will be required to turn in their test materials to the test monitor and leave the examination site. Their opportunity to sit for the examination will be forfeited. Their answer sheet will be voided. A voided answer sheet will not be scored and the examination fee will not be refunded. A candidate must then reapply to take the examination.

(4) Any applicant who was removed from the testing site for any of the reasons listed in subsection (2) of this section will be required to submit a letter to the department requesting permission to retest and stating the circumstances of the event. After receipt of the applicant's letter, the department will review the proctor's report and the applicant's letter and may deny testing for up to one year.

[Statutory Authority: RCW 18.85.040. 93-24-096, 308-124A-450, filed 11/30/93, effective 1/1/94; 90-23-039, 308-124A-450, filed 11/15/90, effective 12/16/90; 87-20-091 (Order PM 683), 308-124A-450, filed 10/7/87; 86-11-011 (Order PM 595), 308-124A-450, filed 5/12/86, effective 10/1/86.]

Washington State Code Reviser's Office