WSR 10-06-087

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 1, 2010, 2:04 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-11-046.

Title of Rule and Other Identifying Information: WAC 308-125-090 Continuing education required and 308-125-065 Education credit for teachers of approved real estate appraisal courses.

Hearing Location(s): Department of Licensing, Business and Professions Division, 2000 4th Avenue West, Conference Room 3204, Olympia, WA, on April 6, 2010, at 10:00 a.m.

Date of Intended Adoption: April 6, 2010.

Submit Written Comments to: Ralph C. Birkedahl, Real Estate Appraiser Program, P.O. Box 9015, Olympia, WA 98507-9015, e-mail rbirkedahl@dol.wa.gov, fax (360) 571-4981, by March 30, 2010.

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To change to [the] number of days continuing education may be deferred for licensees or certificate holders returning from military service.

Repeal of rule allowing applicants qualifying education credit for teaching.

Reasons Supporting Proposal: To comply with the appraiser qualifications board's real property appraiser qualification criteria.

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

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, Washington, (360) 664-6504.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These proposed rules affect only licensees and have no 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.

March 1, 2010

Walt Fahrer

Rules Coordinator

OTS-3082.1


AMENDATORY SECTION(Amending WSR 07-23-079, filed 11/19/07, effective 1/1/08)

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)) A licensee or certificate holder may receive continuing education credit for teaching an approved real estate appraisal course. Once a licensee or certificate holder has received credit for teaching an approved real estate appraiser course, the credential holder shall not receive credit for teaching that course or any substantially similar course on any subsequent occasion, 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 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) The director may approve continuing education credit for attendance at one real estate appraiser commission meeting of no more than 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)) ninety days pending completion of education. If the licensee or certificate holder fails to comply with the continuing education requirement within said ((one hundred eighty)) ninety days, the license or certificate will revert to an expired status.

[Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). 07-23-079, 308-125-090, filed 11/19/07, effective 1/1/08; 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-125-065 Education credit for teachers of approved real estate appraisal courses.

Washington State Code Reviser's Office