H-4534              _______________________________________________

                                                   HOUSE BILL NO. 1942

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Sanders

Read first time 2/1/88 and referred to Committee on Commerce & Labor.

AN ACT Relating to real estate schools; and amending RCW 18.85.040 and 28C.10.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 4, chapter 252, Laws of 1941 as last amended by section 2, chapter 332, Laws of 1987 and RCW 18.85.040 are each amended to read as follows:

          The director, with the advice and approval of the commission, may issue rules and regulations to govern the activities of real estate brokers, associate real estate brokers and salespersons, consistent with this chapter, fix the times and places for holding examinations of applicants for licenses and prescribe the method of conducting them.  The director shall enforce all laws, rules and regulations relating to the licensing of real estate brokers, associate real estate brokers, and salespersons, grant or deny licenses to real estate brokers, associate real estate brokers, and salespersons, hold hearings and suspend or revoke licenses, or deny applications for licenses, or fine violators and may deny, suspend or revoke the authority of a broker to act as the designated broker of persons who commit violations of the real estate license law or of the rules and regulations.  The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions.  The director shall institute a program of education for the benefit of the licensees and may institute a program of education at institutions of higher education in Washington.  The director shall charge a fee, as prescribed by the director by rule, for the certification of courses of instruction, instructors, and schools.  The director may by rule require each school to provide information about its ownership and financial position and to demonstrate that it has sufficient financial resources to fulfill its commitments to students.  Financial disclosures provided to the department under this section shall not be subject to public disclosure under chapter 42.17 RCW.

        Sec. 2.  Section 3, chapter 299, Laws of 1986 and RCW 28C.10.030 are each amended to read as follows:

          This chapter does not apply to:

          (1) Bona fide trade, business, professional, or fraternal organizations sponsoring educational programs primarily for that organization's membership or offered by that organization on a no-fee basis;

          (2) Entities offering education that is exclusively avocational or recreational;

          (3) Education not requiring payment of money or other consideration if this education is not advertised or promoted as leading toward educational credentials;

          (4) Entities that are established, operated, and governed by this state or its political subdivisions under Title 28A, 28B, or 28C RCW;

          (5) Degree-granting programs in compliance with the rules of the higher education coordinating board;

          (6) Any other entity to the extent that it has been exempted from some or all of the provisions of this chapter under RCW 28C.10.100;

          (7) Entities not otherwise exempt that are of a religious character, but only as to those educational programs exclusively devoted to religious or theological objectives and represented accurately in institutional catalogs or other official publications;

          (8) Entities certified by the federal aviation administration;

          (9) Barber and cosmetology schools licensed under chapter 18.16 RCW;

          (10)  Entities which only offer courses approved to meet the continuing education requirements for licensure under chapters 18.04, 18.78, 18.88, or 48.17 RCW and entities approved as schools under chapter 18.85 RCW; and

          (11)  Entities not otherwise exempt offering only workshops or seminars lasting no longer than three calendar days.