WSR 11-19-103

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed September 21, 2011, 8:51 a.m. , effective October 22, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To amend/repeal rules to comply with the appraiser qualifications board's real property qualifications criteria and to simplify the national registry fee requirement.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-125-060 Alternate to classroom hours, requirement preexamination; and amending WAC 308-125-050 Educational courses -- Preexamination and 308-125-120 Fees and charges.

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

Adopted under notice filed as WSR 11-15-044 on July 14, 2011.

Changes Other than Editing from Proposed to Adopted Version: WAC 308-125-050 (2)(a)(iii), change two references from "appraisal qualifications board" to "appraiser qualifications board."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 21, 2011.

Ben T. Shomshor

Rules Coordinator

OTS-4138.1


AMENDATORY SECTION(Amending WSR 10-09-025, filed 4/13/10, effective 5/14/10)

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)) Distance education 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)) provides interaction. Interaction is a reciprocal environment where the student has verbal or written communication with the instructor;

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

(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)) Content and course delivery mechanism approvals are obtained from the appraisal qualifications board or an accredited college, community college, or university that offers distance education programs and is approved or accredited by the commission on colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the United States Secretary of Education. Nonacademic credit college courses provided by a college shall be approved by the appraisal qualifications board and approved by the director.

(((c))) (b) 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). 10-09-025, 308-125-050, filed 4/13/10, effective 5/14/10; 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.]


AMENDATORY SECTION(Amending WSR 09-24-037, filed 11/23/09, effective 1/1/10)

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 $370.00
(2) Examination 120.00**
(3) Reexamination 120.00**
(4) Original certification 250.00*
(5) Certification renewal 530.00*
(6) Late renewal penalty 38.00
(7) Duplicate certificate 30.00
(8) Certification history record 30.00
(9) Application for reciprocity 370.00
(10) Original certification via reciprocity 250.00*
(11) Temporary practice 150.00
(12) Trainee registration 200.00
(13) Trainee registration renewal 200.00

* ((Proposed)) Fees for these categories marked with an asterisk include ((an estimated $50.00)) a national registry fee in an amount determined by the appraisal subcommittee to be submitted by the state ((to Federal Government)). Title XI, SEC. 1109 requires each state to submit a roster listing of state licensed and 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 $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 18.140.050 and 42.24.086. 09-24-037, 308-125-120, filed 11/23/09, effective 1/1/10. 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-125-060 Alternate to classroom hours, requirement preexamination.

Washington State Code Reviser's Office