WSR 07-18-019

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 24, 2007, 3:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-12-048.

Title of Rule and Other Identifying Information: WAC 308-125-090 Continuing education required.

Hearing Location(s): Department of Licensing, Business and Professions Division, 2000 4th Avenue West, Building #3, 2nd Floor Conference Room, Olympia, WA 98502, on October 9, 2007, at 9:00 a.m.

Date of Intended Adoption: November 6, 2007.

Submit Written Comments to: Ralph C. Birkedahl, P.O. Box 9015, Olympia, WA 98507-9015, e-mail rbirkedahl@dol.wa.gov, fax (360) 570-4981, by October 2, 2007.

Assistance for Persons with Disabilities: Contact Joan Robinson by October 2, 2007, TTY (360) 664-8885 or (360) 664-6504.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To limit the number of allowed continuing education credits for participation other than as a student in educational process and programs: To limit the number of allowed continuing education credits for attendance at the real estate appraiser commission meetings; to allow deferment for completion of continuing education for licensees or certificate holders returning from military service active duty; and to eliminate redundancy.

Reasons Supporting Proposal: Rule must conform to the interpretations of the appraisal qualifications board's qualification criteria for real property appraisers. Elimination of redundancy will enhance clarity and understanding.

Statutory Authority for Adoption: RCW 18.140.030 (1), (7), (8) and (15).

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

Name of Proponent: Department of licensing, real estate appraiser program, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ralph C. Birkedahl, Olympia, (360) 664-6504.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule is for individual licensees and has no economic impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is not one of the named agencies under this RCW.

August 24, 2007

Ralph C. Birkedahl

Program Manager

OTS-1016.1


AMENDATORY SECTION(Amending WSR 06-06-069, filed 2/28/06, effective 4/1/06)

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-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. 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.

(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.

(5) Up to one-half of 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. Credit for instructing any given course or seminar can only be awarded once, with the exception of the Uniform Standards of Professional Appraisal Practice, USPAP, 7-hour update.

(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, dispute resolution.

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

(d) Construction estimating.

(e) Ethics and standards of professional practice, USPAP.

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

(g) Management, leasing, brokerage, timesharing.

(h) Property development, partial interests.

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

(j) Real estate financing and investment.

(k) Real estate law, easements and legal interests.

(l) Real estate litigation, damages and condemnation.

(m) Real estate related computer applications.

(n) Real estate securities and syndication.

(o) Real property exchange.

(p) Appraisal and consulting report writing.

(q) 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 appraisal.

(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.

(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) 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.

(9))) The director may approve continuing education credit for attendance at ((the)) one real estate appraiser commission meeting of no more than ((two)) seven hours.

(8) The director may defer completion of continuing education for licensees or certificate holders returning from military service active duty and place the license or certificate in an active status for a period of one hundred eighty days pending completion of education. If the licensee or certificate holder fails to comply with the continuing education requirement within said one hundred eighty days, the license or certificate will revert to an expired status.

[Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). 06-06-069, 308-125-090, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(8). 03-14-091, 308-125-090, filed 6/30/03, effective 7/31/03; 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.]

Washington State Code Reviser's Office