WSR 08-14-034

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed June 23, 2008, 9:18 a.m. , effective July 24, 2008 ]


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

Purpose: Clarify procedures and notify responsible broker and salesperson/associate broker of a requested discontinued affiliation with the real estate firm.

Citation of Existing Rules Affected by this Order: Amending WAC 308-124A-130.

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

Adopted under notice filed as WSR 08-02-080 on December 31, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 13, 2008.

Ralph Osgood

Assistant Director

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