WSR 11-06-014

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 23, 2011, 7:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-20-142.

Title of Rule and Other Identifying Information: Electronic eligibility database (EED), allows the use of electronic transfer of a real estate license applicant's school information to the testing provider.

Hearing Location(s): 2000 4th Avenue West, 2nd Floor Conference Room, Olympia, WA, on April 5, 2011, at 1:30 p.m.

Date of Intended Adoption: April 5, 2011, or after.

Submit Written Comments to: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98507, e-mail jmcdonald@dol.wa.gov, fax (360) 570-7051, by April 4, 2011.

Assistance for Persons with Disabilities: Contact Sally Adams by April 4, 2011, TTY (360) 664-0116 or (360) 664-6526.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This will allow real estate license applicants to schedule to take their real estate exam without having to obtain and bring certificates to the testing site.

Reasons Supporting Proposal: This will reduce the number of applicants turned away from the testing site because they forgot or did not secure the paper approval form.

Statutory Authority for Adoption: RCW 18.85.041.

Statute Being Implemented: RCW 18.85.361.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry McDonald, 2000 4th Avenue West, Olympia, WA, (360) 664-6525.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules are for individual licensees. The department of licensing and the real estate commission utilized stakeholders to participate in the rule-making process.

A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is exempt from the provisions of this chapter.

February 23, 2011

Walt Fahrer

Rules Coordinator

OTS-3773.1


AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-705   Application examination process.   (1) Any person desiring to take an examination for a broker or a managing broker license must((:

(a))) contact the testing service at least one business day prior to the desired test date to schedule and pay for an examination((.

(b) On the day of the examination, the candidate shall submit a completed examination application together with any supporting documents, including evidence satisfactory to the department of having successfully completed an approved sixty clock hour fundamentals course, and a thirty-hour practices course approved by the real estate program to the testing service)) after receiving written notice that the requirements have been met.

(2) Any person desiring to take a broker or managing broker license examination who received clock hours in another jurisdiction must((:

(a))) submit proof of education to be substituted for clock hours required under WAC 308-124A-755. After receiving written notice that the qualifications for the examination have been ((verified by the department)) met, the candidate shall contact the testing service at least one business day prior to the desired test date to schedule and pay for an examination.

(((b) Provide a completed examination application to the testing service on the day of the examination.))

[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, 308-124A-705, filed 3/1/10, effective 7/1/10.]


AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-707   Exam scheduling.   (1) Candidates requesting a morning or afternoon exam will be scheduled immediately for an examination and will be provided a registration number confirming their reservation. ((On the day of the examination, the candidate shall submit the approved completed examination application to the testing service.))

(2) A candidate shall be assessed the full examination fee for any examination in which the candidate fails to provide two days notice to the testing service for changing their examination date or for failing to arrive and take an examination at the time the examination is scheduled or rescheduled.

[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, 308-124A-707, filed 3/1/10, effective 7/1/10.]


AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-720   Application for real estate examination, licensed in another jurisdiction.   (1) Any person applying for a broker or managing broker examination who is actively licensed in the same or greater capacity in another jurisdiction and has maintained his or her license in good standing or who was actively licensed in the same or greater capacity in good standing within the preceding six months is only required to take the Washington law portion of the examination.

(2) Any person applying to take the examination under this section shall submit evidence of licensure in another jurisdiction by a license verification form completed by the licensure authority in such jurisdiction.

(3) After receiving notification that the qualifications for the examination have been verified by the department, the candidate shall contact the testing service at least one day prior to the desired test date to schedule and pay for an examination. Candidates requesting a morning or afternoon exam shall be scheduled immediately for an examination and will be provided with a registration number confirming their reservation. ((On the day of the examination, the candidate shall submit at the test site the approved examination application and any supporting documents required by the department.))

(4) The director, upon advice of the Washington state real estate commission, may consider entering into written recognition agreements with other jurisdictions which license brokers and managing brokers similarly to Washington state. The recognition agreement(s) shall require the other jurisdiction to grant the same licensing process to licensees of Washington state as is offered by Washington state to license applicants from other jurisdictions.

[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, 308-124A-720, filed 3/1/10, effective 7/1/10.]


AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-750   Application for managing broker license examination -- Clock hour requirements.   (1) Applicants for the managing broker's examination shall have successfully completed ninety clock hours of approved real estate instruction in addition to any other clock hours completed and used to satisfy requirements of chapter 18.85 RCW. Instruction must include a course in advanced real estate law, a course in real estate brokerage management, and a course in business management. All courses completed to satisfy this requirement must be approved subject matter as defined in WAC 308-124H-820 and be at least thirty clock hours in length and include a comprehensive examination. Courses must be completed within three years prior to applying for the managing broker's examination.

(2) Courses in advanced real estate law, real estate brokerage management, and business management, used to satisfy continuing education requirements within three years of applying for the managing broker's examination shall satisfy the requirements of subsection (1) of this section provided the applicant successfully completed a comprehensive examination. Licensees will be required to provide additional approved course work if they have submitted advanced real estate law, brokerage management, or business management education classes to satisfy any other continuing educational requirements.

[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, 308-124A-750, filed 3/1/10, effective 7/1/10.]


AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-790   Continuing education clock hour requirements.   A licensee shall submit to the department evidence of satisfactory completion of clock hours, pursuant to RCW 18.85.211, in the manner and on forms prescribed by the department.

(1) A licensee applying for renewal of an active license shall submit evidence of completion of at least thirty clock hours of instruction in a course(s) approved by the real estate program and commenced within thirty-six months of a licensee's renewal date. A minimum of fifteen clock hours must be completed within twenty-four months of the licensee's current renewal date, and a portion of that fifteen must include three hours of the prescribed core curriculum defined in WAC 308-124A-800. Up to fifteen clock hours of instruction beyond the thirty clock hours submitted for a previous renewal date may be carried forward to the following renewal date. Failure to report successful completion of the prescribed core curriculum clock hours shall result in denial of license renewal.

(2) The thirty clock hours shall be satisfied by evidence of completion of approved real estate courses as defined in WAC 308-124H-820. A portion of the thirty clock hours of continuing education must include three clock hours of prescribed core curriculum defined in WAC 308-124A-800 and three clock hours of prescribed transition course pursuant to RCW 18.85.481(2).

(3) Courses for continuing education clock hour credit shall be commenced after issuance of a first license.

(4) A licensee shall not place a license on inactive status to avoid the continuing education requirement or the post-licensing requirements. A licensee shall submit evidence of completion of continuing education clock hours to activate a license if activation occurs within one year after the license had been placed on inactive status and the last renewal of the license had been as an inactive license. A licensee shall submit evidence of completing the post-licensing requirements if not previously satisfied upon returning to active status.

(5) Approved courses may be repeated for continuing education credit in subsequent renewal periods.

(6) Clock hour credit for continuing education shall not be accepted if:

(a) The course is not approved pursuant to chapter 308-124H WAC and chapter 18.85 RCW;

(b) Course(s) was taken to activate an inactive license pursuant to RCW 18.85.265(3);

(c) Course(s) submitted to satisfy the requirements of RCW 18.85.101 (1)(c), broker's license, RCW 18.85.211, 18.85.111, managing broker's license and WAC 308-124A-780, reinstatement.

(7) Instructors shall not receive clock hour credit for teaching or course development.

[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, 308-124A-790, filed 3/1/10, effective 7/1/10.]

Washington State Code Reviser's Office