WSR 97-21-077

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed October 17, 1997, 1:27 p.m., effective January 1, 1998]

Date of Adoption: October 14, 1997.

Purpose: To increase fees for application, original certification, certification renewal, late renewal penalty fee, duplicate certificate, application/reciprocity and original certification via reciprocity.

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.

Citation of Existing Rules Affected by this Order: Amending WAC 308-125-120 Fees and charges.

Statutory Authority for Adoption: RCW 43.24.086.

Adopted under notice filed as WSR 97-18-032 on August 26, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 7, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 7, repealed 0.

Effective Date of Rule: January 1, 1998.

October 14, 1997

Alan E. Rathbun

Acting Assistant Director, BPD

AMENDATORY SECTION (Amending WSR 97-02-004 [97-16-042], filed 12/20/96 [7/31/97], effective 1/20/97 [8/31/97])

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.

[Statutory Authority: RCW 18.140.030(1). 97-02-004, 308-125-120, filed 12/20/96, effective 1/20/97. Statutory Authority: RCW 18.140.030 (1)(14) and chapter 18.40 RCW. 92-18-018, 308-125-120, filed 8/24/92, effective 9/24/92. Statutory Authority: RCW 18.140.030. 91-04-074, 308-125-120, filed 2/5/91, effective 3/8/91.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.