WSR 05-09-038

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed April 14, 2005, 3:15 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-03-041.

Title of Rule and Other Identifying Information: The Department of Licensing real estate regulatory program proposes suspending indefinitely the current collection of change of address and transfer fees from real estate licensees, addressed under WAC 308-124A-460.

Hearing Location(s): Department of Licensing, 2000 4th Street, Real Estate Conference Room, 2nd Floor, Olympia, WA, on May 25, 2005, at 3:00 p.m. to 5 p.m.

Date of Intended Adoption: May 25, 2005.

Submit Written Comments to: Jana Jones, P.O. Box 9015, Olympia, WA 98507-9015, e-mail jajones@dol.wa.gov, fax (360) 586-0998, by May 24, 2005.

Assistance for Persons with Disabilities: Contact Jana Jones, Administrator, by May 24, 2005, TTY (360) 753-1996 or (360) 664-6526.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To suspend indefinitely the collection of change of address and transfer fees from real estate licensees, addressed under WAC 308-124A-460. It is anticipated that the department will retain its statutory authority to collect such a fee in the future, however, current licensee levels indicate the collection of this fee at this time is unnecessary for administering the program. The department seeks to suspend the collection of the $26.50 fee at this time.

Reasons Supporting Proposal: Increased real estate licensee base during the 03-05 biennium has resulted in adequate revenues to administer the dedicated account.

Statutory Authority for Adoption: RCW 18.85.040(1).

Statute Being Implemented: RCW 18.85.200.

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

Name of Proponent: Washington State Real Estate Commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jana Jones, Department of Licensing, Black Lake #3, 2000 4th Street, Olympia, WA, (360) 664-6526.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business impact resulting from the suspension of the $26.50 fee collection for the occasional name change or address change of a licensee in the business community.

A cost-benefit analysis is not required under RCW 34.05.328.

April 11, 2005

Andrea C. Archer

Assistant Director

Business and

Professions Division

OTS-8032.1


AMENDATORY SECTION(Amending WSR 02-03-057, filed 1/10/02, effective 5/1/02)

WAC 308-124A-460   Real estate brokers and salespersons and land development representative fees.   These fees are applicable to all original licenses, examination services, and fee generating services issued or performed after April 30, 2002, and all renewals for existing licenses with expiration date after April 30, 2002. The following fees for a two-year period shall be charged by professional licensing services of the department of licensing:

Title of Fee Fee
Real estate broker:
Application/examination $138.25
Reexamination 138.25
Original license 200.00
License renewal 200.00
Late renewal with penalty 226.50
Duplicate license 26.50
Certification 26.50
Name or address change, transfer or license activation ((26.50))

0.00

Real estate broker - Branch office:
Original license $189.50
License renewal 189.50
Late renewal with penalty 216.00
Duplicate license 26.50
Name or address change ((26.50))

0.00

Real estate salesperson:
Application/examination $138.25
Reexamination 138.25
Original license 136.25
License renewal 136.25
Late renewal with penalty 162.75
Duplicate license 26.50
Certification 26.50
Name or address change, transfer or license activation ((26.50))

0.00

The following fee shall be charged annually for land development representatives:
Land development representative:

Registration

26.50

[Statutory Authority: RCW 18.85.040(1), 43.24.086. 02-03-057, 308-124A-460, filed 1/10/02, effective 5/1/02. Statutory Authority: RCW 18.85.040 and the Governor's Executive Order on Regulatory Improvement 97-02. 99-03-042, 308-124A-460, filed 1/14/99, effective 7/1/99. Statutory Authority: RCW 18.85.040. 93-24-096, 308-124A-460, filed 11/30/93, effective 1/1/94; 90-23-039, 308-124A-460, filed 11/15/90, effective 12/16/90. Statutory Authority: RCW 18.85.220 and 43.24.086. 90-02-048, 308-124A-460, filed 12/29/89, effective 1/29/90. Statutory Authority: RCW 18.85.040. 89-08-009 (Order PM 829), 308-124A-460, filed 3/24/89. Statutory Authority: RCW 18.85.040, 18.85.140 and 18.85.190. 87-17-051 (Order PM 673), 308-124A-460, filed 8/18/87, effective 10/1/87.]

Washington State Code Reviser's Office