PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-01-088.
Title of Rule: Amend WAC 308-124A-110 Application for real estate examination, licensed in another jurisdiction.
Purpose: The Washington Real Estate Commission and the Department of Licensing propose to enter into "written reciprocity agreements" with other jurisdictions to ensure accountability for real estate agents and to better protect the public. Reciprocal agreements would allow real estate licensees from other jurisdictions to become licensed in Washington and Washington licensees to obtain license in the reciprocal jurisdiction. These agreements will eliminate cross border barriers and provide full disciplinary [no further information supplied by agency].
Statutory Authority for Adoption: RCW 18.85.040(1).
Statute Being Implemented: Chapter 18.85 RCW.
Summary: The existing rule allows for real estate licensees from other jurisdictions to become licensed in Washington by passing only the Washington law portion of the real estate exam. The proposed rule change will afford Washington licensees this same license application and exam privilege when applying to license in a reciprocal jurisdiction. It will broaden consumer choice in professional real estate services while affording the same regulatory protections.
Reasons Supporting Proposal: Eliminates barriers which impede licensees from conducting business across borders and provides for better consumer protection by achieving full disciplinary authority over all real estate practices within Washington borders.
Name of Agency Personnel Responsible for Drafting: Jana L. Jones, Department of Licensing, Black Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524; Implementation and Enforcement: DOL Real Estate Program, Department of Licensing, Blake Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524.
Name of Proponent: Washington Real Estate Commission and the Department of Licensing, Real Estate Program, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: To afford Washington real estate licensees the same license application privileges in other jurisdictions that Washington offers to license applicants from those jurisdictions. This would be accomplished by license reciprocal agreements.
Proposal Changes the Following Existing Rules: Will amend WAC 308-124A-110.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact is foreseen as a result of the proposed rule amendment.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: AmeriTel Inn, 4520 Martin Way, Olympia, WA 98506, on March 13, 2002, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Jana Jones by March 12, 2002, TDD (360) 753-1966, or (360) 664-6524.
Submit Written Comments to: Jana L. Jones, Assistant Administrator, Real Estate Program, P.O. Box 2445, Olympia, WA 98507-2445, fax (360) 586-0998, by March 12, 2002.
Date of Intended Adoption: March 13, 2002.
January 4, 2002
Alan E. Rathbun
Assistant Director
Business and Professions Division
OTS-5362.2
AMENDATORY SECTION(Amending WSR 95-03-012, filed 1/5/95,
effective 2/5/95)
WAC 308-124A-110
Application for real estate examination,
licensed in another jurisdiction.
(1) Any person applying for a
real estate broker or real estate salesperson examination who is
actively licensed in the same or greater capacity in another
jurisdiction and has maintained his or her license in good
standing or who was actively licensed in the same or greater
capacity in good standing within the preceding six months is
eligible to take the Washington law portion of the examination.
(2) Any person applying to take the examination under this section shall submit an examination application approved by the department and shall submit evidence of licensure in another jurisdiction by a license verification form completed by an administrative officer of the licensure authority in such jurisdiction.
(3) After the qualifications for the examination have been verified by the department the candidate shall telephone the testing service up to three days prior to the desired test date to schedule an examination. Candidates requesting a morning or afternoon test session shall be scheduled immediately for an examination and will be provided with a registration number confirming their reservation. On the day of the examination, the candidate shall submit the verified examination application and examination fee by cashier's check, certified check or money order to the testing service approved by the department. Cash or personal checks will not be accepted from candidates.
(4) The director, upon advice of the Washington state real estate commission, may consider entering into written recognition agreements with other jurisdictions which license real estate brokers and salespersons similarly to Washington state. The recognition agreement(s) shall require the other jurisdiction to grant the same licensing process to licensees of Washington state as is offered by Washington state to licensee applicants from other jurisdictions.
[Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, § 308-124A-110, filed 1/5/95, effective 2/5/95. Statutory Authority: RCW 18.85.040. 91-23-006, § 308-124A-110, filed 11/7/91, effective 12/8/91; 88-20-037 (Order PM 775), § 308-124A-110, filed 9/30/88; 87-20-091 (Order PM 683), § 308-124A-110, filed 10/7/87; 81-05-016 (Order RE 128), § 308-124A-110, filed 2/10/81.]