WSR 98-23-025

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed November 9, 1998, 10:02 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-19-085.

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

Purpose: To increase fees pursuant to the requirements of RCW 43.24.086.

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), (8), (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 the 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 $182.00 to $196.00; increase WAC 308-125-120(4), original certification fee, from $102.00 to $106.00; increase WAC 308-125-120(5), certification renewal fee, from $284.00 to $302.00; increase WAC 308-125-120(6), late renewal penalty fee, from $36.00 to $38.00; increase WAC 308-125-120(7), duplicate certificate fee, from $26.00 to $28.00; increase WAC 308-125-120(8), certification history record fee, from $25.00 to $27.00; increase WAC 308-125-120(9), application for reciprocity fee, from $182.00 to $196.00; and increase WAC 308-125-120(10), original certification via reciprocity from $102.00 to $106.00.

Proposal Changes the Following Existing Rules: The 1998 legislature in Supplemental Operating Budget Bill ESSB 6108 approved an increase in fees for FY99 of 8%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule raises fees 8% with the largest fee increase is only eighteen dollars. The increase does not impose more than minor costs on businesses and is exempt from small business economic impact statement preparation under RCW 19.85.030. The proposed rule also adjusts a fee pursuant to legislative approval.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Driver Examining, 2502 112th Street East #200, Tacoma, WA, on Tuesday, December 22, 1998, at 9 a.m.

Assistance for Persons with Disabilities: Contact Ralph Birkedahl by December 15, 1998, 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) 753-1062, by December 21, 1998.

Date of Intended Adoption: December 24, 1998.

November 6, 1998

Cleotis Borner, Jr.

Program Manager

OTS-2231.2

AMENDATORY SECTION (Amending WSR 97-21-077, filed 10/17/97, effective 1/1/98)

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

.* 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.

(([.*.* Charges for categories marked with a double asterisk are determined by contract with an outside testing service.]))

.*.* Charges for categories marked with a double asterisk are determined by contract with an outside testing service.

[Statutory Authority: RCW 43.24.086. 97-21-077, § 308-125-120, filed 10/17/97, effective 1/1/98; 97-16-042, § 308-125-120, filed 7/31/97, effective 8/31/97. 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.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.