DEPARTMENT OF LICENSING

[Filed November 16, 2018, 11:01 a.m., effective December 17, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: Amend rules to clarify the options and testing protocol for applicants who want to request managing broker exam approval based on qualifications other than three years of full-time broker experience.

Citation of Rules Affected by this Order: Amending WAC 308-124A-713 and 308-124A-715.

Statutory Authority for Adoption: RCW 18.85.041.

Other Authority: Chapter 18.85 RCW.

Adopted under notice filed as WSR 18-18-040 on August 29, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 16, 2018.

AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-713Application for managing broker license examination—Other qualification or related experience.

Applications for a managing broker license examination by persons who do not possess three years of actual experience as a full-time broker as required by RCW 18.85.111 who show qualification by reason of practical experience in a business allied with or related to real estate shall be submitted to the real estate program. The application shall be accompanied by a letter requesting approval of alternative qualifications or experience and indicating the basis for such approval. The letter must include a detailed personal history or work resume, with supporting documentation, ((and a letter from each of five business references describing from personal knowledge the qualifications and experience of the applicant))which will include a certified license affidavit from the issuing agency as applicable. The following ((guidelines are provided as examples of))are deemed alternative qualifications or experience which may qualify in lieu of three years of full-time broker experience:

(1) Postsecondary education with major study in real estate together with one year experience as a real estate broker ((or one year experience under the provisions of subsections (2) through (7) of this section))actively licensed in good standing in Washington or another state, U.S. possession, or foreign jurisdiction with similar licensing standards.

(2) Full-time experience as ((an))a licensed attorney at law, in good standing, with practice in real estate transactions for not less than one year.

(3) Five years' full-time experience((, with decision-making responsibility, in closing real estate transactions for escrow companies, mortgage companies, or similar institutions))as a licensed mortgage broker or loan originator in good standing.

(4) Five years' full-time experience ((with a commercial bank, savings and loan association, title company or mortgage company, involving all details of real estate transactions))as a licensed limited practice officer or escrow agent in good standing.

(5) Five years' full-time experience as a licensed or certified real property ((fee appraiser or salaried)) appraiser in good standing.

(6) Five years' full-time experience ((in all phases of land development, construction, financing, selling and leasing of residences, apartments or commercial buildings.

(7) Five years' experience in real estate investment, property management, or analysis of investments or business opportunities))managing, leasing, selling, or buying real property on behalf of a third-party corporation, limited liability company, or partnership.

All experience time periods referenced in WAC 308-124A-713 shall ((be within the last seven years prior to))have been completed within the six years immediately preceding the date of application.

AMENDATORY SECTION(Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)

WAC 308-124A-715Unsuccessful managing broker applicants—Alternate qualifications.

The managing broker applicant who is approved to take the exam based upon alternate qualifications or experience pursuant to WAC 308-124A-713 and subsequently fails the exam is not permitted to repeat the exam ((unless they satisfy the requirements in RCW 18.85.111))using alternative qualifications or experience.