IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 12, REGULATIONS 2, 3 AND 9	) ) )	ORDER NO. 25700-A-842

     The Limited Practice Board having recommended the adoption of the proposed amendment to APR 12, Regulations 2, 3 and 9, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

     Now, therefore, it is hereby

     ORDERED:

     (a) That the amendments as attached hereto are adopted.

     (b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendments will be published expeditiously and become effective upon publication.

     DATED at Olympia, Washington this 1st day of December 2005.

	Alexander, C.J.
C. Johnson, J.	Chambers, J.
Madsen, J.	Owens, J.
	Fairhurst, J.
Bridge, J.	J. M. Johnson, J.

     REGULATION 2: APPLICATIONS

     A. Application. An applicant must complete and file in duplicate with the Washington State Bar Association (WSBA):

     1. two copies of a completed application for admission to limited practice under APR 12 (one of which may be a photocopy);

     2. a fingerprint card which has been processed by the applicant at a local police department;

     3. a signed Authorization and Release; and

     4. a signed Affidavit of Applicant.

     The application shall not be considered complete and will not be approved pursuant to Regulation 4 3 unless the applicant has provided a current residential address.

     B. Fees. An applicant will pay a fee of $125.00 an examination fee in an amount set by the Limited Practice Board with the approval of the Supreme Court, which must be paid with the application, and each applicant will be sent a receipt of for the application and fee.

     ...

     D. Refunds and Transfers.

     1. For all applicants there is a $75.00 nonrefundable administration fee totaling one half the amount of the examination fee.

     2. An applicant may withdraw from the current examination by written request received at least 14 days prior to the date set for the examination and may also request a refund of the fee less the administration fee.

     3. An applicant may withdraw from the current examination and apply the examination fee to the next examination only, and only upon the following conditions: the written request to transfer must be received at least 14 days prior to the date set for the examination, and the applicant must repay the administration fee.

     4. An applicant withdrawing an application or requesting to transfer to the next examination less than 14 days prior to the date set for the examination will receive no refund of any kind.

     5. If the application is denied before the examination, the application examination fee less the $75 nonrefundable administration fee will be refunded. If the applicant reapplies to sit for the examination, the applicant will pay the full application examination fee then required of all applicants.

     6. If an applicant fails the examination and applies to repeat the next scheduled examination, the examination fee shall be $125.00 the amount set by the Limited Practice Board with the approval of the Supreme Court.

     7. Any applicant transferring to the next application examination must execute and file a Declaration in the form prescribed by the Limited Practice Officer Board.

     REGULATION 9: ANNUAL FEE

     A. Except as set forth in section B of this Regulation, every Limited Practice Officer shall pay an annual fee of $85.00 in an amount set by the Limited Practice Board with the approval of the Supreme Court, which is due July 1 of each year. ...

     B. The prorated annual fee for LPOs who pass the qualifying examination given in the spring and who request active status prior to July 1 of that same calendar year shall be $40 one half the amount of the annual fee. ...

     REGULATION 3: APPROVAL OR DENIAL OF APPLICATION

     A. Approval of Application. The Limited Practice Board will determine if the application meets the criteria established in APR 12.

     B. Denial of Application. If the application is denied, the applicant will be granted the right to an appeal of the determination pursuant to Regulation 5 4.

     C. Notification of Action on Application. The applicant will be notified whether the application has been approved or denied. If the application has been approved, the applicant will be informed of the date, time and location of the next examination. If the application has been denied, the applicant will be notified of the basis for the denial and of the appeal process of Regulation 5 4.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.