WSR 16-01-086 PROPOSED RULES DEPARTMENT OF LICENSING [Filed December 15, 2015, 10:07 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-04-060.
Title of Rule and Other Identifying Information: WAC 308-124A-700 Application for a license—Fingerprinting, 308-124A-727 Application as broker license for interim period, and 308-124A-775 Real estate fees.
Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Building 2, Conference Room 209, Olympia, WA 98502, on January 28, 2016, at 1:00 p.m.
Date of Intended Adoption: January 29, 2016.
Submit Written Comments to: Jerry McDonald, 2000 4th Avenue West, Olympia, WA 98507, e-mail jmcdonald@dol.wa.gov, fax (360) 570-7051, by January 27, 2016.
Assistance for Persons with Disabilities: Contact Sally Adams by January 27, 2016, TTY (360) 664-0116 or (360) 664-6526.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department will be using an outside vendor for taking and processing fingerprints for background checks. The change is necessary to describe licensee's responsibilities for providing fingerprints for background checks.
Reasons Supporting Proposal: This is a "LEAN" process improvement which will save time and money for the department and lower the cost of rolling fees for most applicants or licensees.
Statutory Authority for Adoption: RCW 18.85.171.
Statute Being Implemented: RCW 18.85.171.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, 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 are rules for individual licensees. The department of licensing and the real estate commission utilized stakeholders 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.
December 15, 2015
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124A-700 Application for a license—Fingerprinting.
(1) New applicants applying for their first broker's license under chapter 18.85 RCW will be required to submit to a fingerprint ((card)) background check with the department's authorized vendor.
(2) Applicants applying for their first managing broker's license using alternative qualifications will be required to submit to a fingerprint ((card)) background check with the department's authorized vendor.
(3) Fingerprint ((cards and)) background checks are required for every active renewal every six years. If the department background check was within the last six years, then no new background check is required to activate a license.
(4) An application submitted without the required fingerprint ((card)) background check is considered incomplete.
(5) ((When a fingerprint card is rejected, the licensee or applicant must submit to the department a new fingerprint card within twenty-one calendar days of written notice to the address of record with the real estate program. Failure to submit a new fingerprint card will result in a suspension of the real estate license until the fingerprint card is received by the department.
(6) If the fingerprint card is rejected, the applicant must pay a new fee for fingerprinting and background processing.)) When fingerprints are rejected, the department will contact the licensee or applicant via the e-mail address on file with the department. The licensee or applicant must follow the authorized vendor's procedures for resubmitting fingerprints within twenty-one calendar days of the date the department sends the e-mail. Failure to follow the vendor's fingerprint procedures within twenty-one days will result in a suspension of the real estate license until the vendor's fingerprint procedures are followed. The licensee or applicant will be responsible for any additional fees due.
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124A-727 Application as broker license for interim period.
Applicants for a broker's license may commence working on or after the postmark date of delivery to the department((, or on or after the date of hand delivery to the real estate program,)) of the following:
(1) Notice of passing the examination;
(2) License application form;
(3) ((Fingerprint card)) Verification that the department's authorized vendor fingerprint process was followed; and
(4) License ((and fingerprint)) fees.
The completed license application form shall serve as an interim license for a period up to forty-five days unless grounds exist to take disciplinary action against the license under RCW 18.235.130 and 18.85.361.
AMENDATORY SECTION (Amending WSR 10-15-055, filed 7/15/10, effective 8/15/10)
WAC 308-124A-775 Real estate fees.
These fees are applicable to all original licenses, examination services, and fee generating services issued or performed after July 1, 2010, and all renewals for existing licenses with expiration date after July 1, 2010. The fees for an original license and renewal include a ten dollar fee which is assessed for the real estate research center for the real estate broker and the real estate managing broker licenses. The following fees shall be charged by the department of licensing:
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