WSR 17-17-028 PROPOSED RULES DEPARTMENT OF LICENSING [Filed August 8, 2017, 3:33 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-11-134. Title of Rule and Other Identifying Information: WAC 308-125-095 (1)(h)(i), Responsibilities of the appraiser supervisor. Hearing Location(s): On September 27, 2017, at 9:00 a.m. – 11:00 a.m., at the Department of Licensing, 2000 4th Avenue West, 2nd Floor, Room 3204, Olympia, WA 98502. Date of Intended Adoption: September 28, 2017. Submit Written Comments to: Dee Sharp, Department of Licensing, Appraisal Program, P.O. Box 48053, Olympia, WA 98502-8053, email dsharp@dol.wa.gov, fax 360-570-4981, by September 26, 2017. Assistance for Persons with Disabilities: Contact Dee Sharp, phone 360-664-6504, fax 360-570-4981, TTY 711, email dsharp@dol.wa.gov, by September 26, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Modify rule to allow more flexibility in the training and supervision of appraiser trainees by giving supervisory appraisers more latitude to determine when a trainee is competent to inspect subject properties in accordance with the national standards. Rule change suggested by the real estate appraiser commission appraisal subcommittee. Reasons Supporting Proposal: To allow more flexibility in the training and supervision of appraiser trainees. Statutory Authority for Adoption: RCW 18.140.030. Statute Being Implemented: RCW 18.140.280. 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: Dee Sharp, 2000 4th Avenue West, Olympia, WA 98502, 360-664-6504.
A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is exempt under RCW 34.05.328 (5)(a)(i). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.020(3). This rule affects only individual applicants or licensees. August 8, 2017 Damon Monroe Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-02-008, filed 12/28/15, effective 1/28/16)
WAC 308-125-095 Responsibilities of the appraiser supervisor.
(1) A certified real estate appraiser licensed by the state of Washington may supervise trainees in accordance with the following provisions:
(a) The certified real estate appraiser is in good standing and not subject to any disciplinary action which affects their legal eligibility to engage in appraisal practice within the three years preceding registration to become a supervisory appraiser.
(b) The certified real estate appraiser shall have been certified for a minimum of three years prior to becoming a supervisory appraiser.
(c) The certified real estate appraiser shall have completed a course that, at a minimum, complies with the specification for course content established by the appraiser qualifications board. This course must be completed prior to supervising a registered appraiser trainee.
(d) Not more than three real estate appraiser trainees may be supervised in accordance with the appraiser qualifications board standards unless written authorization by the department is granted to exceed that number of trainees at any one time.
(e) Supervision of trainees in the process of appraising real property shall occur within the boundaries of the state of Washington and comply with jurisdictional and established agreements with other states. If a trainee is supervised by a certified appraiser who is licensed in both the state of Washington and with another state or has a temporary license in another state; and the trainee is registered as a trainee in that other state by either temporary permit, license, or registration, then the appraisal assignments shall qualify as work experience on the experience log.
(f) Authorization to exceed supervision of three trainees may be granted by the director upon approval of a written request and under the provisions of subsection (2) of this section.
(g) A registered real estate appraiser trainee may assist in the completion of an appraisal report, including determination of an opinion of value and may sign the appraisal report, provided that he/she is actively and personally supervised by a state-certified real estate appraiser, and provided that the appraisal report is reviewed and signed by the state-certified real estate appraiser; and provided the state-certified appraiser accepts total responsibility for the appraisal report.
(h) The certified appraiser shall:
(i) Personally inspect each appraised property with the trainee appraiser, ((at a minimum, the interior of twenty-five subject properties, or)) until the supervisory appraiser ((considers)) determines the trainee is competent to inspect the property, in accordance with the Competency Rule of USPAP for the property type.
(ii) Personally review and verify each appraisal report prepared by the trainee as entered on the trainee experience log as qualifying work experience prior to the log being submitted to the department by the supervised trainee. The trainee shall be entitled to obtain copies of the appraisal reports in which the trainee provided appraisal assistance.
(iii) Personally review and verify each appraisal report prepared by a state licensed or certified residential appraiser as entered on the qualifying work experience log prior to the log being submitted to the department by the licensee. The state licensed or certified residential appraiser shall be entitled to obtain copies of the appraisal reports in which the state licensed and certified residential appraiser provided appraisal assistance.
(iv) Comply with all USPAP requirements.
(v) Maintain a separate "properties inspected with trainee" log for each supervised trainee. This log must be made available to the department upon request and is to be submitted with trainee's application for license or certification.
(vi) Register with the department as a supervisory appraiser and include the names of the registered real estate appraiser trainees being supervised. Registration must be five business days prior to the start of supervision. The supervisory appraiser shall notify the department when they are no longer a supervisory appraiser of a trainee, with such notice including the name, address, and registration number of the registered trainee.
(2) Authorization may be granted by the director to a certified appraiser to exceed the number of trainees allowed to be supervised providing:
(a) The certified appraiser has more than five years certified experience.
(b) The certified appraiser shall make a written application to the department requesting to supervise not more than three trainees with less than one year experience; and three trainees with more than one year experience; and five trainees with greater than two years experience. The total number of supervised trainees shall not exceed eight for all experience levels at any one time.
(c) The certified appraiser shall prepare and maintain trainee progress reports and make them available to the department until such time as the trainee becomes certified or licensed or after two years has lapsed since supervising the trainee.
(d) The certified appraiser shall provide to the department a mentoring plan for consideration prior to the department authorizing supervision of more than three trainees.
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