DEPARTMENT OF LICENSING
[Filed November 16, 2018, 11:05 a.m., effective December 17, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending the rule to more clearly define naming requirements for real estate firm and assumed names, and to clarify the basis under which the department may deny, suspend, or reject a real estate firm or assumed name.
Citation of Rules Affected by this Order: Amending WAC 308-124A-815.
Statutory Authority for Adoption: RCW 18.85.041
Other Authority: Chapter 18.85
Adopted under notice filed as WSR 18-18-039 on August 29, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 16, 2018.
AMENDATORY SECTION(Amending WSR 13-14-077, filed 7/1/13, effective 8/1/13)
WAC 308-124A-815Prohibited firm and assumed names.
(1) The department can deny, suspend, or reject a firm name((s)) or assumed name((s that are in the department's opinion:))if it:
(a) Is derogatory((,));
(b) Is similar or the same as ((other))another licensed firm name((s,));
(c) Implies that ((it))the firm is a public agency or part of government((,));
(d) Implies ((nonprofit or))the firm is a not-for-profit organization;
(e) Implies it is a research organization.
(2) The following are nonexclusive examples of language that are deemed to be similar when used individually or in combination:
(a) The use of a different corporate designator, for example, Corp., Co., Inc., Ltd., and the like.
(b) The addition or deletion of an article or conjunction from the name, such as "the," "a," or "and."
(c) The use of a plural.
(d) The use of a geographic designator after the association's name. In the case of affiliates using the same name with a geographic or other designator, written consent will be required from the parent or affiliate.
(e) The abbreviation of a word in the same name.
(f) The substitution of a symbol for a word or vice versa.
(g) The use of the terms "realty," "real estate," "group," "realtors," or "firm."
(3) A real estate firm shall not ((be issued a license nor)) advertise in any manner using a name which ((is in the department's opinion similar to currently issued firm or assumed name licenses or imply that either the real estate firm is a nonprofit organization, research organization, public bureau or public group))has not been licensed by the department. A bona fide franchisee may be licensed using the name of the franchisor with the firm name of the franchisee.