DEPARTMENT OF LICENSING

[Filed August 29, 2018, 9:01 a.m.]

Preproposal statement of inquiry was filed as WSR 18-11-079.

Title of Rule and Other Identifying Information: WAC 308-124A-713 Application for managing broker license examination—Other qualification or related experience and 308-124A-715 Unsuccessful managing broker applicants—Alternate qualifications.

Hearing Location(s): On October 16, 2018, at 1:00 p.m., at the Department of Licensing, Black Lake Building #3, 2nd Floor, Conference Room 3204, 2000 4th Avenue West, Olympia, WA 98502.

Date of Intended Adoption: October 17, 2018.

Submit Written Comments to: Jerry McDonald, Department of Licensing, Real Estate Programs, P.O. Box 9021, Olympia, WA 98507-9021, email jmcdonald@dol.wa.gov, by October 15, 2018.

Assistance for Persons with Disabilities: Contact Jerry McDonald, phone 360-664-6525, TTY 711, email jmcdonald@dol.wa.gov, by October 15, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend rules to clarify the options and testing protocol for applicants who want to request managing broker exam approval based on qualifications other than three years of full-time broker experience.

Reasons Supporting Proposal: This rule amendment is based on recommendations from the real estate commission after their review of the current rule.

Statutory Authority for Adoption: RCW 18.85.041.

Statute Being Implemented: Chapter 18.85 RCW.

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 98502, 360-664-6525.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The department is exempt under RCW 34.05.328 and this rule making does not qualify as a significant legislative rule or other rule requiring a cost-benefit analysis.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.020(3).

Explanation of exemptions: This rule affects only individual applicants or licensees.

AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-713Application for managing broker license examination—Other qualification or related experience.

Applications for a managing broker license examination by persons who do not possess three years of actual experience as a full-time broker as required by RCW 18.85.111 who show qualification by reason of practical experience in a business allied with or related to real estate shall be submitted to the real estate program. The application shall be accompanied by a letter requesting approval of alternative qualifications or experience and indicating the basis for such approval. The letter must include a detailed personal history or work resume, with supporting documentation, ((and a letter from each of five business references describing from personal knowledge the qualifications and experience of the applicant))which will include a certified license affidavit from the issuing agency as applicable. The following ((guidelines are provided as examples of))are deemed alternative qualifications or experience which may qualify in lieu of three years of full-time broker experience:

(1) Postsecondary education with major study in real estate together with one year experience as a real estate broker ((or one year experience under the provisions of subsections (2) through (7) of this section))actively licensed in good standing in Washington or another state, U.S. possession, or foreign jurisdiction with similar licensing standards.

(2) Full-time experience as ((an))a licensed attorney at law, in good standing, with practice in real estate transactions for not less than one year.

(3) Five years' full-time experience((, with decision-making responsibility, in closing real estate transactions for escrow companies, mortgage companies, or similar institutions))as a licensed mortgage broker or loan originator in good standing.

(4) Five years' full-time experience ((with a commercial bank, savings and loan association, title company or mortgage company, involving all details of real estate transactions))as a licensed limited practice officer or escrow agent in good standing.

(5) Five years' full-time experience as a licensed or certified real property ((fee appraiser or salaried)) appraiser in good standing.

(6) Five years' full-time experience ((in all phases of land development, construction, financing, selling and leasing of residences, apartments or commercial buildings.

(7) Five years' experience in real estate investment, property management, or analysis of investments or business opportunities))managing, leasing, selling, or buying real property on behalf of a third-party corporation, limited liability company, or partnership.

All experience time periods referenced in WAC 308-124A-713 shall ((be within the last seven years prior to))have been completed within the six years immediately preceding the date of application.

AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-715Unsuccessful managing broker applicants—Alternate qualifications.

The managing broker applicant who is approved to take the exam based upon alternate qualifications or experience pursuant to WAC 308-124A-713 and subsequently fails the exam is not permitted to repeat the exam ((unless they satisfy the requirements in RCW 18.85.111))using alternative qualifications or experience.