WSR 08-02-080

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed December 31, 2007, 11:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-08-032.

Title of Rule and Other Identifying Information: WAC 308-124A-130 Salesperson, associate brokers -- Termination of services.

Hearing Location(s): 2000 4th Avenue West, 2nd Floor Conference Room, Olympia, WA, on February 8, 2008, at 10:00 a.m.

Date of Intended Adoption: March 4, 2008.

Submit Written Comments to: Jerry McDonald, P.O. Box 2445, Olympia, WA 98507, e-mail Jmcdonald@dol.wa.gov, fax (360) 570-7051, by February 7, 2008.

Assistance for Persons with Disabilities: Contact Gale Mitchell by February 7, 2008, TTY (360) 664-8885 or (360) 664-6526.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarify procedures and notify responsible broker and salesperson/associate broker of a requested discontinued affiliation with the real estate firm.

Reasons Supporting Proposal: To ensure that the licensees notify the broker when terminating services and that the broker notify the affiliated licensees when terminating their services.

Statutory Authority for Adoption: RCW 18.85.040.

Statute Being Implemented: RCW 18.85.320.

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

Name of Proponent: 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. This rule is for individual applicants and not small business enterprises. The department of licensing is not one of the named agencies under this RCW.

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

December 31, 2007

Jerry McDonald

Assistant Administrator

OTS-9728.1


AMENDATORY SECTION(Amending Order PM 711, filed 3/1/88)

WAC 308-124A-130   Salesperson, associate brokers -- Termination of services.   (1) A person licensed as salesperson or associate broker may perform duties and activities as licensed only under the direction and supervision of a licensed individual broker or designated broker and as a representative of such broker. This relationship may be terminated unilaterally by either the broker or salesperson or associate broker. ((Notice of such))

(a) All terminations shall be by written notice by the salesperson or associate broker to the designated broker or the broker's authorized representative; or by the designated broker to the salesperson or associate broker.

(b) All notices of termination shall be given by the broker to the director without delay and such notice shall be accompanied by and include the surrender of the salesperson's or associate broker's license.

(c) The broker may not condition his or her surrender of license to the director upon performance of any act by the salesperson or associate broker.

(d) Notice of termination shall be provided by signature of the broker, or a person authorized by the broker to sign for the broker, on the surrendered license of the salesperson or associate broker or surrender of the license by the licensee to the department.

(e) The termination date shall be the postmark date or date the license is hand delivered to the department.

(2) If the license cannot be surrendered to the department because the license has been lost, the salesperson or associate broker and the broker shall complete an affidavit of lost license on a form provided by the department.

(a) No license transfers shall be permitted unless the license is surrendered or the affidavit of lost license is completed and filed with the department.

(b) If the license cannot be surrendered because the broker is conditioning the surrender of the license, the associate broker or salesperson shall so advise the department in writing and cooperate in full with the investigation of the broker's failure to comply with this rule.

(c) Upon receipt of the salesperson or associate broker's written statement about broker conditioning the release of the license, the department shall process the license transfer.

[Statutory Authority: RCW 18.85.040. 88-06-039 (Order PM 711), 308-124A-130, filed 3/1/88; 87-20-091 (Order PM 683), 308-124A-130, filed 10/7/87; 81-05-016 (Order RE 128), 308-124A-130, filed 2/10/81.]

Washington State Code Reviser's Office