WSR 09-15-197

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 22, 2009, 11:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-12-014.

Title of Rule and Other Identifying Information: WAC 308-125-120 Fees and charges.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Conference Room 2209, Olympia, WA, on August 27, 2009, at 10:00 a.m.

Date of Intended Adoption: September 22, 2009.

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 August 21, 2009.

Assistance for Persons with Disabilities: Contact Joan Robinson by August 21, 2009, TTY (360) 664-8885 or (360) 664-6504.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To increase fees identified below to defray operating costs for the administration of the real estate appraiser program: Increase WAC 308-125-120(1), Application fee, from $246.00 to $370.00; increase WAC 308-125-120(2), Examination, from 106.00 to 120.00; increase WAC 308-125-120(3), Reexamination, from 106.00 to 120.00; increase WAC 308-125-120(4), Original certification, from 206.00 to 250.00; increase WAC 308-125-120(5), Certification renewal, from 407.00 to 530.00 increase WAC 308-125-120(7), Duplicate certificate, from 28.00 to 30.00; increase WAC 308-125-120(8), Certification history record, from 27.00 to 30.00; increase WAC 308-125-120(9), Application for reciprocity, from 246.00 to 370.00; increase WAC 308-125-120(10), Original certification via reciprocity, from 206.00 to 250.00; increase WAC 308-125-120(12), Trainee registration, from 100.00 to 200.00; and increase WAC 308-125-120(13), Trainee registration renewal, from 100.00 to 200.00.

Reasons Supporting Proposal: Under the provisions of RCW 43.24.086, the cost of each professional licensing program shall be borne by the members of the profession. The director of the department of licensing is charged with setting gees [fees] at a level sufficient to defray the costs of administering the program. Projected revenue for the 2009-2011 biennium from licensing fees is not sufficient to cover operating costs for the program. Projections of new entrants into the profession have not been realized and licensees have opted not to renew due to market conditions and new restrictions within the industry. The program has an increase in consumer complaints which will increase the need for staff training, travel, investigation and legal support.

Statutory Authority for Adoption: RCW 18.140.050, 42.24.086.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The real estate appraiser program was established in compliance with Title XI of the Financial Institutions Recovery, Reform and Enforcement Act of 1989. The program is required to be self-supporting.

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. The increases do not impose unreasonable costs on businesses and are exempt from small business economic impact statement preparation under RCW 19.85.030. The proposed rule also adjusts fees with legislative approval.

A cost-benefit analysis is not required under RCW 34.05.328. This rule change sets or adjusts fees with legislative approval.

July 22, 2009

Walt Fahrer

Rules Coordinator

OTS-2448.1


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

WAC 308-125-120   Fees and charges.   The following fees shall be paid under the provisions of chapter 18.140 RCW:


Title of Fee Fee
(1) Application for examination $((246.00)) 370.00
(2) Examination ((106.00)) 120.00**
(3) Reexamination ((106.00)) 120.00**
(4) Original certification ((206.00)) 250.00*
(5) Certification renewal ((407.00)) 530.00*
(6) Late renewal penalty 38.00
(7) Duplicate certificate ((28.00)) 30.00
(8) Certification history record ((27.00)) 30.00
(9) Application for reciprocity ((246.00)) 370.00
(10) Original certification via reciprocity ((206.00)) 250.00*
(11) Temporary practice 150.00
(12) Trainee registration ((100.00)) 200.00
(13) Trainee registration renewal ((100.00)) 200.00
* Proposed fees for these categories marked with an asterisk include an estimated $((25.00)) 50.00 to be submitted by the state to Federal Government. Title XI, SEC. 1109 requires each state to submit a roster listing of state certified appraisers to the Appraiser Subcommittee "no less than annually." The state is also required to collect from such individuals who perform appraisals in federally related transactions, an annual registry fee of "not more than $((50)) 25," such fees to be transmitted by the state to the federal government on an annual basis.
** Charges for categories marked with a double asterisk are determined by contract with an outside testing service.

[Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). 06-06-069, 308-125-120, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 43.24.086. 02-03-011, 308-125-120, filed 1/4/02, effective 5/1/02; 99-04-075, 308-125-120, filed 2/2/99, effective 3/5/99; 97-21-077, 308-125-120, filed 10/17/97, effective 1/1/98; 97-16-042, 308-125-120, filed 7/31/97, effective 8/31/97. Statutory Authority: RCW 18.140.030(1). 97-02-004, 308-125-120, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. 92-18-018, 308-125-120, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. 91-04-074, 308-125-120, filed 2/5/91, effective 3/8/91.]

Washington State Code Reviser's Office