WSR 07-13-062

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed June 18, 2007, 8:48 a.m. , effective July 19, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To ensure the security of real estate examinations.

Citation of Existing Rules Affected by this Order: Amending WAC 308-124A-450.

Statutory Authority for Adoption: RCW 18.85.040(1) Director general powers and duties.

Adopted under notice filed as WSR 07-10-035 on April 24, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: June 18, 2007.

Ralph Osgood

Assistant Director

Business and Professions Division

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