WSR 14-11-023
[Filed May 12, 2014, 9:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-06-047.
Title of Rule and Other Identifying Information: Chapter 308-124A WAC, Real estate licensing and examination; chapter 308-124C WAC, Real estate records and responsibilities; and chapter 308-124H WAC, Real estate course approval.
Hearing Location(s): Department of Licensing, Real Estate Programs, 2000 4th Avenue West, 2nd Floor Conference Room, Olympia, WA, on July 24, 2014, at 3:00 p.m.
Date of Intended Adoption: July 25, 2014, or later.
Submit Written Comments to: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98507, e-mail, fax (360) 570-7051, by July 22, 2014.
Assistance for Persons with Disabilities: Contact Sally Adams by July 22, 2014, TTY (360) 664-0166 or (360) 664-6526.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Correct misspelling of two words in chapter 308-124C WAC. Eliminate the reference to transition course which is no longer required by statute. Implement LEAN improvements to the course approval process, including changing course approval from two to four years as nearly all schools renew their approvals. The cost per credit hour remains the same, but since the time approval is increased the price is adjusted accordingly so that there is no fiscal impact to continuing education providers and the department.
Reasons Supporting Proposal: Process improvement for both the department of licensing and licensees on course approval process. Reduces education providers' costs in staff time, copying and mailing. Discontinues a course requirement no longer required by statute.
Statutory Authority for Adoption: RCW 18.85.041(1).
Statute Being Implemented: RCW 18.85.041 (2)(b) and (6), 18.85.481(2).
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No fiscal impact. Rule changes are a result of LEAN process improvement for approved real estate schools and the agency.
Name of Proponent: Real estate commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98507, (360) 664-6525.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules are for the certification approval of prelicensed and continuing education credit for individual applicants or licensees. The fees are used to administer the director's education duties under RCW 18.85.041. The department of licensing and the real estate commission utilized stakeholders and individual professional licensees to participate in the rule-making process.
A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is exempt from the provisions of this chapter.
May 12, 2014
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-14-077, filed 7/1/13, effective 8/1/13)
WAC 308-124A-790 Continuing education clock hour requirements.
A licensee shall submit to the department evidence of satisfactory completion of clock hours, pursuant to RCW 18.85.211, in the manner and on forms prescribed by the department.
(1) A licensee applying for renewal of an active license shall submit evidence of completion of at least thirty clock hours of instruction in a course(s) approved by the real estate program and commenced within forty-eight months of a licensee's renewal date. A minimum of fifteen clock hours must be completed within twenty-four months of the licensee's current renewal date, and a portion of that fifteen must include three hours of the prescribed core curriculum defined in WAC 308-124A-800. Up to fifteen clock hours of instruction beyond the thirty clock hours submitted for a previous renewal date may be carried forward to the following renewal date. Failure to report successful completion of the prescribed core curriculum clock hours shall result in denial of license renewal.
(2) The thirty clock hours shall be satisfied by evidence of completion of approved real estate courses as defined in WAC 308-124H-820. A portion of the thirty clock hours of continuing education must include three clock hours of prescribed core curriculum defined in WAC 308-124A-800 ((and three clock hours of prescribed transition course pursuant to RCW 18.85.481(2))).
(3) Courses for continuing education clock hour credit shall be commenced after issuance of a first license.
(4) A licensee shall not place a license on inactive status to avoid the continuing education requirement or the post-licensing requirements. A licensee shall submit evidence of completion of continuing education clock hours to activate a license if activation occurs within one year after the license had been placed on inactive status and the last renewal of the license had been as an inactive license. A licensee shall submit evidence of completing the post-licensing requirements if not previously satisfied upon returning to active status.
(5) Approved courses may be repeated for continuing education credit in subsequent renewal periods.
(6) Clock hour credit for continuing education shall not be accepted if:
(a) The course is not approved pursuant to chapter 308-124H WAC and chapter 18.85 RCW;
(b) Course(s) was taken to activate an inactive license pursuant to RCW 18.85.265(3);
(c) Course(s) submitted to satisfy the requirements of RCW 18.85.101 (1)(c), broker's license, RCW 18.85.211, 18.85.111, managing broker's license and WAC 308-124A-780, reinstatement.
(7) Instructors shall not receive clock hour credit for teaching or course development.
The following section of the Washington Administrative Code is repealed:
WAC 308-124A-787
Previously licensed salesperson—First active renewal.
AMENDATORY SECTION (Amending WSR 13-14-077, filed 7/1/13, effective 8/1/13)
WAC 308-124C-105 Required records.
The designated broker is required to keep the following on behalf of the firm:
(1) Trust account records:
(a) Duplicate receipt book or cash receipts journal recording all receipts;
(b) Sequentially numbered, nonduplicative checks with check register, cash disbursements journal or check stubs;
(c) Validated duplicate bank deposit slips or daily verified bank deposit;
(d) Client's accounting ledger summarizing all moneys received and all moneys disbursed for each real estate or business opportunity transaction or each property management account, contract or mortgage collection account;
(e) In conjunction with (d) of this subsection, separate ledger sheets for each tenant (including security deposit), lessee, vendee or mortgagor; for automated systems, the ledger sheets may be a computer generated printout which contains required ((entrees)) entries;
(f) Reconciled bank statements and canceled checks for all trust bank accounts.
(2) Other records:
(a) An accurate, up-to-date log of all agreements or contracts for brokerages services submitted by the firm's affiliated licensees.
(b) A legible copy of the transaction or contracts for brokerage services shall be retained in each participating real estate firm's files.
(c) A transaction folder containing all agreements, receipts, contracts, documents, leases, closing statements and material correspondence for each real estate or business opportunity transaction, and for each rental, lease, contract or mortgage collection account.
(d) All required records shall be maintained at one location where the firm is licensed. This location may be the main or any branch office.
AMENDATORY SECTION (Amending WSR 10-20-100, filed 9/30/10, effective 10/31/10)
WAC 308-124C-130 Branch manager responsibilities.
Branch manager responsibilities include, but are not limited to:
(1) Assuring all real estate brokerage services in which he/she participated are in accordance with chapters 18.85, 18.86, 18.235 RCW and the rules promulgated thereunder.
(2) Cooperating with the department in an investigation, audit or licensing matter.
(3) Ensuring accessibility of the firm's offices and records to the director's authorized representatives, and ensuring that copies of required records are made available upon demand.
(4) Being knowledgeable of chapters 18.85, 18.86, and 18.235 RCW and their related rules.
(5) Ensuring all persons employed, contracted or representing the firm at the branch location are appropriately licensed.
(6) Overseeing of the branch licensees, employees and contractors.
(7) Ensuring affiliated licensees are submitting their transaction documents to the designated broker or delegated managing broker within two business days of mutual acceptance.
(8) Hiring, transferring and releasing licensees to and from the branch.
(9) Overseeing all activity within the branch office including supervision of brokers and managing brokers, and heightened supervision of brokers licensed for less than two years.
(10) If delegated - Client/customer funds or property:
(a) Ensuring monthly reconciliation of trust bank accounts are completed, up-to-date and accurate.
(b) Ensuring monthly trial balances are completed, accurate and up-to-date.
(c) Ensuring that the ((trail)) trial balance and the reconciliation show the account(s) are in balance.
(d) Ensuring safe handling of customer/client funds and property.
(e) Ensuring policies or procedures are in place to account for safe handling of customer or client funds or property.
(11) If delegated - Other duties:
(a) Record maintenance.
(b) Proper and legal advertising.
(c) Review of contracts.
(d) Modify or terminate brokerage service contracts on behalf of the firm.
(e) Following and implementing the designated brokers written policy:
(i) On referral of home inspectors.
(ii) Addressing levels of supervision of all brokers and managing brokers.
(iii) That includes a review of all brokerage service contracts involving any broker licensed for less than two years. Review must be completed within five business days of mutual acceptance. Documented proof of review shall be maintained at the firm's record locations.
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124H-805 Course approval required.
(1) Any education provider or course developer may submit a course to the department for approval.
(2) Course approval by the department is required prior to the date on which the course is offered for clock hour credit.
(3) Each application for approval of a course shall be submitted to the department on the appropriate application form provided by the department.
(4) The director or designee shall approve, disapprove, or conditionally approve applications based upon criteria established by the commission.
(5) Upon approval, disapproval or conditional approval, the applicant will be so advised in writing by the department. Notification of disapproval shall include the reasons therefor.
(6) Approval shall expire ((two)) four years after the effective date of approval, except for the core course which shall expire after two years.
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124H-810 Course titles reserved for prescribed curriculum courses.
Any approved school desiring to offer fundamentals, business management, broker management, real estate law, advanced real estate law, real estate practices, or advanced real estate practices, ((and/or transition course)) shall utilize the most recent course curriculum prescribed by the department, and shall include in its title the phrase "real estate fundamentals," "real estate brokerage management," "real estate law," "advanced real estate law," "business management," "real estate practices," or "advanced real estate practices," ((or "transition course")) if submitted for approval for clock hours. No other courses shall use these phrases in their titles.
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124H-825 Secondary education provider course content approval application.
(1) An approved school may offer courses, except for the mandated courses, that are currently approved for another education provider or course developer provided a secondary provider course content approval application is submitted to the department;
(2) The applicant must also provide written authorization by the original education provider/developer permitting use of the course content by the applicant;
(3) A certificate of course approval will be provided to the secondary education provider;
(4) The applicant must use the course approval number issued by the department on all certificates of course completion;
(5) Course approval is valid only for the dates of the original education provider/course developer's approval; and
(6) Secondary provider course content approval applications may not be used for real state fundamentals, real estate brokerage management, real estate law, advanced real estate law, business management, real estate practices, advanced real estate practices, or core course((, or transition course)).
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124H-870 Grounds for denial or withdrawal of course approval.
Course approval may be denied or withdrawn if the instructor or any owner, administrator or affiliated representative of a school, or a course provider or developer:
(1) Submits a false or incomplete course application or any other information required to be submitted to the department;
(2) Includes in its title the phrase "real estate fundamentals," "real estate brokerage management," "real estate law," "advanced real estate law," "business management," "real estate practice," and "advanced real estate practice," ((and "transition course")) if the course was not submitted for approval of clock hours pursuant to WAC 308-124H-810;
(3) If the title of the course misleads the public and/or licensees as to the subject matter of the course;
(4) If course materials are not updated within thirty days of the effective date of a change in the statute or rules;
(5) If course content or material changes are not submitted to the department for approval prior to the date of using the changed course content;
(6) Failed to meet the requirements under WAC 308-124H-820, 308-124H-825, and 308-124H-840;
(7) If a course or prescribed core curriculum was approved through the mistake or inadvertence of the director.
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124H-990 Real estate course, school, and instructor approval fees.
(1) The following fees shall be charged for applications for approval of real estate courses, schools, and instructors. An application fee shall accompany each application. Approval for schools and instructors, if granted, shall be two years from the date of approval. Approval for courses, except for the core course, if granted, shall be four years from the date of approval. Applications submitted and disapproved may be resubmitted at no additional fee.
(2) Application for course content approval - A fee of five dollars per clock hour credit being offered, with a minimum fee of fifty dollars per core course. A fee of ten dollars per clock hour credit being offered, with a minimum of one hundred dollars per course other than the core course. Except, the application fee for approval of the sixty clock hour course in real estate fundamentals shall be ((one)) three hundred ((fifty)) dollars.
(3) Application for school approval - A fee of two hundred fifty dollars.
(4) Application for instructor approvals:
(a) Approval to teach a specific course on one occasion - A fee of fifty dollars;
(b) Approval to teach as many subject areas as requested at time of initial application - A fee of seventy five dollars. Approval shall be for two years from the approval date;
(c) Approval to teach additional subject area(s) not requested at time of initial application or renewal - A fee of twenty-five dollars for each application to teach additional subject area(s). Approval, if granted, shall be for remainder of two year approval period. Applications submitted under (a), (b) and (c) of this section and disapproved may be resubmitted at no additional fee.
The following section of the Washington Administrative Code is repealed:
WAC 308-124H-815
Application process for previously approved courses.