Preproposal statement of inquiry was filed as WSR 10-20-142.
Title of Rule and Other Identifying Information: Electronic eligibility database (EED), allows the use of electronic transfer of a real estate license applicant's school information to the testing provider.
Hearing Location(s): 2000 4th Avenue West, 2nd Floor Conference Room, Olympia, WA, on April 5, 2011, at 1:30 p.m.
Date of Intended Adoption: April 5, 2011, or after.
Submit Written Comments to: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98507, e-mail email@example.com, fax (360) 570-7051, by April 4, 2011.
Assistance for Persons with Disabilities: Contact Sally Adams by April 4, 2011, TTY (360) 664-0116 or (360) 664-6526.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This will allow real estate license applicants to schedule to take their real estate exam without having to obtain and bring certificates to the testing site.
Reasons Supporting Proposal: This will reduce the number of applicants turned away from the testing site because they forgot or did not secure the paper approval form.
Statutory Authority for Adoption: RCW 18.85.041.
Statute Being Implemented: RCW 18.85.361.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry McDonald, 2000 4th Avenue West, Olympia, WA, (360) 664-6525.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules are for individual licensees. The department of licensing and the real estate commission utilized stakeholders to participate in the rule-making process.
A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is exempt from the provisions of this chapter.
February 23, 2011
AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124A-705 Application examination process. (1) Any person desiring to take an examination for a broker or a managing broker license must((
(a))) contact the testing service at least one business
day prior to the desired test date to schedule and pay for an
(b) On the day of the examination, the candidate shall submit a completed examination application together with any supporting documents, including evidence satisfactory to the department of having successfully completed an approved sixty clock hour fundamentals course, and a thirty-hour practices course approved by the real estate program to the testing service)) after receiving written notice that the requirements have been met.
(2) Any person desiring to take a broker or managing
broker license examination who received clock hours in another
(a))) submit proof of education to be substituted for
clock hours required under WAC 308-124A-755. After receiving
written notice that the qualifications for the examination
have been ((
verified by the department)) met, the candidate
shall contact the testing service at least one business day
prior to the desired test date to schedule and pay for an
(b) Provide a completed examination application to the
testing service on the day of the examination.))
[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, § 308-124A-705, filed 3/1/10, effective 7/1/10.]
(2) A candidate shall be assessed the full examination fee for any examination in which the candidate fails to provide two days notice to the testing service for changing their examination date or for failing to arrive and take an examination at the time the examination is scheduled or rescheduled.
[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, § 308-124A-707, filed 3/1/10, effective 7/1/10.]
(2) Any person applying to take the examination under this section shall submit evidence of licensure in another jurisdiction by a license verification form completed by the licensure authority in such jurisdiction.
(3) After receiving notification that the qualifications
for the examination have been verified by the department, the
candidate shall contact the testing service at least one day
prior to the desired test date to schedule and pay for an
examination. Candidates requesting a morning or afternoon
exam shall be scheduled immediately for an examination and
will be provided with a registration number confirming their
On the day of the examination, the candidate
shall submit at the test site the approved examination
application and any supporting documents required by the
(4) The director, upon advice of the Washington state real estate commission, may consider entering into written recognition agreements with other jurisdictions which license brokers and managing brokers 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 license applicants from other jurisdictions.
[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, § 308-124A-720, filed 3/1/10, effective 7/1/10.]
(2) Courses in advanced real estate law, real estate brokerage management, and business management, used to satisfy continuing education requirements within three years of applying for the managing broker's examination shall satisfy the requirements of subsection (1) of this section provided the applicant successfully completed a comprehensive examination. Licensees will be required to provide additional approved course work if they have submitted advanced real estate law, brokerage management, or business management education classes to satisfy any other continuing educational requirements.
[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, § 308-124A-750, filed 3/1/10, effective 7/1/10.]
(1) A licensee applying for renewal of an active license shall submit evidence of completion of at least thirty clock hours of instruction in a course(s) approved by the real estate program and commenced within thirty-six months of a licensee's renewal date. A minimum of fifteen clock hours must be completed within twenty-four months of the licensee's current renewal date, and a portion of that fifteen must include three hours of the prescribed core curriculum defined in WAC 308-124A-800. Up to fifteen clock hours of instruction beyond the thirty clock hours submitted for a previous renewal date may be carried forward to the following renewal date. Failure to report successful completion of the prescribed core curriculum clock hours shall result in denial of license renewal.
(2) The thirty clock hours shall be satisfied by evidence of completion of approved real estate courses as defined in WAC 308-124H-820. A portion of the thirty clock hours of continuing education must include three clock hours of prescribed core curriculum defined in WAC 308-124A-800 and three clock hours of prescribed transition course pursuant to RCW 18.85.481(2).
(3) Courses for continuing education clock hour credit shall be commenced after issuance of a first license.
(4) A licensee shall not place a license on inactive status to avoid the continuing education requirement or the post-licensing requirements. A licensee shall submit evidence of completion of continuing education clock hours to activate a license if activation occurs within one year after the license had been placed on inactive status and the last renewal of the license had been as an inactive license. A licensee shall submit evidence of completing the post-licensing requirements if not previously satisfied upon returning to active status.
(5) Approved courses may be repeated for continuing education credit in subsequent renewal periods.
(6) Clock hour credit for continuing education shall not be accepted if:
(a) The course is not approved pursuant to chapter 308-124H WAC and chapter 18.85 RCW;
(b) Course(s) was taken to activate an inactive license pursuant to RCW 18.85.265(3);
(c) Course(s) submitted to satisfy the requirements of RCW 18.85.101 (1)(c), broker's license, RCW 18.85.211, 18.85.111, managing broker's license and WAC 308-124A-780, reinstatement.
(7) Instructors shall not receive clock hour credit for teaching or course development.
[Statutory Authority: RCW 18.85.040 and 18.85.041. 10-06-078, § 308-124A-790, filed 3/1/10, effective 7/1/10.]