WSR 16-01-099
[Filed December 16, 2015, 10:44 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-04-059.
Title of Rule and Other Identifying Information: WAC 308-124C-110 Accuracy and accessibility of records and 308-124C-115 Suit or complaint notification.
Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Building 2, Conference Room 209, Olympia, WA 98502, on January 28, 2016, at 2:00 p.m.
Date of Intended Adoption: January 29, 2016.
Submit Written Comments to: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98507, e-mail, fax (360) 570-7051, by January 27, 2016.
Assistance for Persons with Disabilities: Contact Sally Adams by January 27, 2016, TTY (360) 664-0116 or (360) 664-6526.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To allow the retention of required records in electronic format and to describe notification responsibilities when a licensee has had any professional license disciplined by a governmental agency.
Reasons Supporting Proposal: These rule changes will allow designated brokers to keep records in electronic format and requires notification to the department when another governmental agency has disciplined a licensee.
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 98507, (360) 664-6525.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These are rules 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.
December 16, 2015
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124C-110 Accuracy and accessibility of records.
(1) Accuracy. All required real estate records shall be accurate, posted and kept up to date.
(2) Location. All required real estate records shall be kept at an address where the real estate firm is licensed to maintain a real estate office. Transactions that have been closed for at least one year can be maintained at one central facility located in Washington. Transactions not stored at the firm location must be available upon demand of the department and maintained in a manner to be readily retrievable. A listing of all transactions must be maintained at the firm's licensed office for all the transactions stored at the remote facility. All records shall be retained and available for inspection by the director or the director's authorized representative for a minimum of three years.
(3) Alternative storage. Records may be stored ((on permanent storage media, such as optical disk or microfilm, or other storage media, provided the retrieval process does not permit modification of the documents)) electronically or on remote devices provided retrieval of all documents is immediate. Retrieval must be possible at the firm's licensed office and allow for viewing and printing ((the document in its original form. The permanent media storage shall be nonerasable and prevent changes to the stored documents or records)) of all documents. To include, but not limited to, initial listing agreement, price reductions or changes in status, initial offers, all counter offers, electronic communications, negotiations, trust account records, and final disposition of the transaction. The designated broker must maintain equipment at firm's location in good repair to allow viewing and printing upon demand by the department. The document storage ((media)) must be indexed to allow for immediate retrieval of all documents.
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124C-115 Suit or complaint notification.
Every licensee shall, within twenty days after service or knowledge thereof, notify the real estate program of the following:
(1) Any criminal complaint, information, indictment, or conviction (including a plea of guilty or nolo contendere) in which the licensee is named as a defendant.
(2) Entry of a civil court order, verdict, or judgment, against the licensee in any court of competent jurisdiction in which the subject matter therein involves any real estate or business-related activity by the licensee. Notification is required regardless of any pending appeal.
(3) Any professional license, certification, or permit held by the licensee which was fined, suspended, revoked, or refused by any governmental agency or entity or can limit the licensee's ability to practice an occupation or profession.