PERMANENT RULES
Date of Adoption: January 8, 2001 [2002].
Purpose: Add a new subsection to the rule which will allow for the withdrawal of course approvals granted by the mistake or inadvertence of the director.
Citation of Existing Rules Affected by this Order: Amending WAC 308-124H-061 and 308-124H-062.
Statutory Authority for Adoption: RCW 18.85.040(1).
Adopted under notice filed as WSR 01-23-005 on November 7, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 2,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
January 8, 2002
Alan E. Rathbun, Assistant Director
Business and Professions Division
OTS-5334.1
AMENDATORY SECTION(Amending WSR 00-08-035, filed 3/29/00,
effective 7/1/00)
WAC 308-124H-061
Grounds for denial or withdrawal of course
approval.
Course approval may be denied or withdrawn if the
instructor or any owner, administrator or affiliated
representative of a school, or a course provider or developer:
(1) Submits a false or incomplete course application or any other information required to be submitted to the department;
(2) Includes in its title the phrase "real estate fundamentals," "real estate brokerage management," "real estate law," "business management," and "real estate practice" if the course was not submitted for approval of clock hours pursuant to WAC 308-124H-012;
(3) If the title of the course misleads the public and/or licensees as to the subject matter of the course;
(4) If course materials are not updated within thirty days of the effective date of a change in the statute or rules;
(5) If course content or material changes are not submitted to the department for approval prior to the date of using the changed course content;
(6) Failed to meet the requirements under WAC 308-124H-025;
(7) If a course or prescribed core curriculum was approved through the mistake or inadvertence of the director;
(8) If course approval was granted through the mistake or inadvertence of the director.
[Statutory Authority: RCW 18.85.040 and The Governor's Order on Regulatory Improvement 97-02. 00-08-035, § 308-124H-061, filed 3/29/00, effective 7/1/00. Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, § 308-124H-061, filed 1/5/95, effective 2/5/95. Statutory Authority: RCW 18.85.040. 90-10-010, § 308-124H-061, filed 4/20/90, effective 8/1/90.]
To exercise the right to a hearing under this section, a person must request a hearing within twenty days after receipt of the notice of denial, disapproval or withdrawal of course approval.
Any person aggrieved by a final decision of the director or authorized representative of the director is entitled to judicial review under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.
[Statutory Authority: RCW 18.85.040 and The Governor's Order on Regulatory Improvement 97-02. 00-08-035, § 308-124H-062, filed 3/29/00, effective 7/1/00. Statutory Authority: RCW 18.85.040. 90-10-010, § 308-124H-062, filed 4/20/90, effective 8/1/90.]