WSR 09-24-037

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed November 23, 2009, 3:06 p.m. , effective January 1, 2010 ]


Effective Date of Rule: January 1, 2010.

Purpose: To increase fees for application, original certification, certification renewal, duplicate certificate, certification history record, application/reciprocity, original certification via reciprocity, trainee registration and trainee registration renewal.

Under provision of RCW 43.24.086, the cost of each professional licensing program shall be borne by the members of that profession. The director of the department of licensing is charged with setting fees at a level sufficient to defray the costs of administering the program.

Projected revenue for the 2011-13 biennium from licensing fees is not sufficient to cover projected operating costs for the real estate appraiser program. The program has experienced a decrease in the real estate licensee base because of market conditions and new restrictive requirements.

Current resources are needed, at a minimum, to maintain program effectiveness. Program workload has seen a dramatic increase in the number of complaints received. Consumer complaints are technical in nature, related enforcement involves increased staff training, investigation and legal support costs.

Citation of Existing Rules Affected by this Order: Amending WAC 308-125-120 Fees and charges.

Statutory Authority for Adoption: RCW 18.140.050, 42.24.086.

Adopted under notice filed as WSR 09-15-197 on July 22, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 23, 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