WSR 97-15-101

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed July 21, 1997, 11:17 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-11-059.

Title of Rule: WAC 308-125-120 Fees and charges.

Purpose: To increase fees.

Statutory Authority for Adoption: RCW 43.24.086.

Statute Being Implemented: RCW 18.140.050.

Summary: To increase fees identified as WAC 308-125-120 (1), (4), (5), (6), (7), (9), and (10).

Reasons Supporting Proposal: Under provision of RCW 43.24.086, the cost of each professional licensing program shall be borne by the members of that profession. The director of the Department of Licensing is charged with setting fees at a level sufficient to defray the costs of administering the program.

Projected revenue for the 1997-99 biennium from licensing fees is not sufficient to cover projected operating costs for the real estate appraiser program. An increase in original license applications anticipated as a result of mandatory licensing legislation has not been realized. In addition, many licensees have opted not to renew due to market conditions and perceptions regarding the value of certification or licensing.

Current resources are needed, at a minimum, to maintain program effectiveness. Program workload has shifted from primarily an application review process to include an emphasis on the enforcement of practice standards. Consumer complaints are technical in nature, related enforcement involves increased staff training, investigation, and legal support costs.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Cleotis Borner, Jr., Olympia, (360) 753-1062.

Name of Proponent: Department of Licensing, Real Estate Appraiser Program, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Increase WAC 308-125-120(1), application fee, from $175.00 to $182.00; increase WAC 308-125-120(4), original certification fee, from $100.00 to $102.00; increase WAC 308-125-120(5), certification renewal fee, from $275.00 to $284.00; increase WAC 308-125-120(6), late renewal penalty fee, from $35.00 to $36.00; increase WAC 308-125-120(7), duplicate certificate fee, from $25.00 to $26.00; increase WAC 308-125-120(9), application/reciprocity fee, from $175.00 to $182.00; and increase WAC 308-125-120(10), original certification via reciprocity, from $100.00 to $102.00.

Proposal Changes the Following Existing Rules: Increase fees to just below the allowable limit of 4.05%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule raises fees less than 4% with the largest fee increase of only eight dollars. The increases will not impose more than minor costs on businesses and are exempt from small business economic impact statement preparation under RCW 19.85.030. The proposed rule also adjusts a fee pursuant to legislative standards and is therefore exempt from small business economic impact statement preparation under RCW 19.85.025 and 34.05.310 (4)(f).

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 does not apply to rules that set or adjust fees or rates. See RCW 34.05.328 (1)(b)(vi).

Hearing Location: Department of Licensing, 405 Black Lake Boulevard, Building #2, Conference Room, Olympia, WA, on Friday, August 29, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Ralph Birkedahl by August 22, 1997, TDD (360) 753-1966, or (360) 753-1062.

Submit Written Comments to: Cleotis Borner, Jr., Real Estate Appraiser Program, P.O. Box 9015, Olympia, WA 98507-9015, FAX (360) 586-0998, by August 28, 1997.

Date of Intended Adoption: September 3, 1997.

July 21, 1997

Cleotis Borner, Jr.

Program Manager

AMENDATORY SECTION (Amending WSR 97-02-004, filed 12/20/96, effective 1/20/97)

WAC 308-125-120 Fees and charges. The following fees shall be paid under the provisions of chapter 18.140 RCW:

Title of Fee Fee

(1) Application for examination $((175.00))

182.00

(2) Examination 75.00

(3) Reexamination 75.00

(4) Original certification ((100.00*))

102.00*

(5) Certification renewal ((275.00*))

284.00*

(6) Late renewal penalty ((35.00))

36.00

(7) Duplicate certificate ((25.00))

26.00

(8) Certification history record 25.00

(9) Application for reciprocity ((175.00))

182.00

(10) Original certification via reciprocity ((100.00*))

102.00*

(11) Temporary practice 150.00

* Proposed fees for these categories marked with an asterisk include an estimated $25.00 to be submitted by the state to Federal Government. Title XI, SEC. 1109 requires each state to submit a roster listing of state certified appraisers to the Appraiser Subcommittee "no less than annually." The state is also required to collect from such individuals who perform appraisals in federally related transactions, an annual registry fee of "not more than $50," such fees to be transmitted by the state to the federal government on an annual basis.