WSR 10-06-105

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 3, 2010, 7:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-11-045.

Title of Rule and Other Identifying Information: WAC 308-125-030 Examination prerequisite general classification and 308-125-050 Educational courses -- Preexamination.

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) 570-4981, by March 30, 2010.

Assistance for Persons with Disabilities: Contact Joan Robinson by March 30, 2010, TTY (360) 664-8885 or (360) 664-6504.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Correct education requirements for the general classification and clarify the requirements for acceptability of qualifying education courses.

Reasons Supporting Proposal: Corrections will bring rules into compliance 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 rule changes affect only applicants and have no impact on small business.

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 3, 2010

Walt Fahrer

Rules Coordinator

OTS-3088.1


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

WAC 308-125-030   Examination prerequisite general classification.   The general real estate appraiser classification applies to the appraisal of all types of real property.

(1) As a prerequisite to taking the examination for certification as a state-certified general real estate appraiser, an applicant shall present evidence satisfactory to the director that he/she has successfully completed not less than one hundred eighty classroom hours of qualifying education as approved by the director. Each applicant must successfully complete a thirty classroom hour course in the basic principles of real estate appraising and a fifteen classroom hour course in the Uniform Standards of Professional Appraisal Practice as part of the one hundred eighty classroom hours of course work: Provided, That effective November 1, 2007, the required number of classroom hours is three hundred in the following core modules:

(a) Basic appraisal principles, thirty hours.

(b) Basic appraisal procedures, thirty hours.

(c) The National USPAP course or equivalent, fifteen hours.

(d) General appraiser market analysis and highest and best use, thirty hours.

(e) Statistics, modeling and finance, fifteen hours.

(f) General appraiser sales comparison approach, thirty hours.

(g) General appraiser site valuation and cost approach, thirty hours.

(h) General appraiser income approach, sixty hours.

(i) General appraiser report writing and case studies, thirty hours.

(j) Appraisal subject matter electives, thirty hours.

(2) An original certification as a state-certified general real estate appraiser shall not be issued to any person who does not possess three thousand hours of appraisal experience obtained continuously over a period of not less than thirty months in Washington or in another state having comparable certification requirements.

(3) To fulfill the experience requirement, a candidate must have at least one thousand five hundred hours of nonresidential appraisal experience.

(4) Effective January 1, 2008, applicants for the certified general license must possess a bachelor's degree or higher in any field of study or, in lieu of the required degree, thirty semester credit hours covering the following subject matter courses:

(a) English composition;

(b) Principles of economics (micro ((or)) and macro);

(c) Finance;

(d) Algebra, geometry or, higher mathematics;

(e) Statistics;

(f) Introduction to computers: Word processing/spreadsheets;

(g) Business or real estate law; and

(h) Two elective courses in accounting, geography, agricultural economics, business management, or real estate;

as approved by the appraiser qualifications board and the director, in addition to the required qualifying core curriculum requirements.

[Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). 06-06-069, 308-125-030, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). 97-02-004, 308-125-030, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030(1) and 18.140.090. 95-17-078, 308-125-030, filed 8/21/95, effective 9/21/95. Statutory Authority: RCW 18.140.030(1). 93-17-020, 308-125-030, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. 92-18-018, 308-125-030, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. 91-04-074, 308-125-030, filed 2/5/91, effective 3/8/91.]

OTS-3089.1


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

WAC 308-125-050   Educational courses -- Preexamination.   (1) To be accepted under WAC 308-125-030(1), 308-125-040(1), and 308-125-045(1), courses must:

(a) Be a minimum of fifteen classroom hours in length;

(b) Include an examination;

(c) Be directly related to real estate appraising; and

(d) Be approved by the director as identified in the appraiser program's publication Approved Courses, Real Estate Appraisers; or

(e) Be approved by the appraiser qualifications board and approved by the director.

(2) The following limitations may apply to course work submitted to the department for approval:

(a) A correspondence course may be acceptable to meet classroom hour requirements only if each course meets the following conditions:

(i) The course has been presented by an accredited college or university which offers correspondence courses in other disciplines;

(ii) An individual successfully completes a written examination administered at a location by an official approved by the college or university; or

(iii) The content and length of the course meet the requirements for real estate appraisal-related courses established by the appraiser qualifications board and approved by the director.

(b) Video and remote television educational courses may be used to meet the classroom hour requirements only if each course meets the following conditions:

(i) The course has been presented by an accredited college or university which offers similar courses in other disciplines;

(ii) An individual successfully completes a written examination administered at a location by an official approved by the college or university; or

(iii) The content and length of the course meet the requirements for real estate appraisal-related courses established by the appraiser qualifications board and approved by the director.

(c) An applicant shall not receive "dual credit" for courses that have the same or very similar content and are deemed comparable by the department, even if an applicant completes the courses through different course providers.

(3) Copies of official transcript of college records or certificates of course completion will be considered as satisfactory evidence for education requirements.

(4) Preexamination review seminars or examination preparation seminars will not be approved for clock hour credit.

(5) An application shall be submitted for approval not less than ninety days preceding the course start date. Course approval expiration shall be three years from the date of approval, except for the Uniform Standards of Professional Appraisal Practice courses or seminars having a definite date.

(6) All courses approved by the appraiser qualifications board will continue to be accepted by the department as approved courses until the expiration date.

(7) Appraisal course providers who have received the appraiser qualifications board's course approval are not required to submit course material or content materials to the department for approval. The course provider shall submit a secondary provider course content approval application to the department.

[Statutory Authority: RCW 18.140.030 (1), (7), (8), and (15). 06-06-069, 308-125-050, filed 2/28/06, effective 4/1/06. Statutory Authority: RCW 18.140.030(1). 97-02-004, 308-125-050, filed 12/20/96, effective 1/20/97; 93-17-020, 308-125-050, filed 8/10/93, effective 9/10/93. Statutory Authority: RCW 18.140.030. 91-04-074, 308-125-050, filed 2/5/91, effective 3/8/91.]

Washington State Code Reviser's Office