reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-080 - Application for certification

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of notice of passage of the
			 examination, applicants must submit a complete original certification
			 application with the certification fee to the department of licensing, business
			 and professions division, at its official address. The department will verify
			 qualifications under chapter 18.140 RCW and the rules promulgated
			 thereunder.
(2) Each original and
			 renewal and reinstated certificate issued under
			 RCW
			 18.140.130 shall expire on the applicant's
			 second birthday following issuance of the certificate.
Statutory Authority:
				  RCW
				  18.140.030(1). 97-02-004,
				  § 308-125-080, filed 12/20/96, effective 1/20/97. Statutory Authority:
				  RCW
				  18.140.030(1)(14) and
				  chapter 18.40 RCW. 92-18-018, § 308-125-080, filed 8/24/92, effective
				  9/24/92. Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-080,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-085 - Temporary practice

Current through Register Vol. 24-14, July 15, 2024
(1) A real
			 estate appraiser from another state who is licensed or certified by another
			 state may apply for registration to receive temporary licensing or
			 certification in Washington by paying a fee, providing a license history, and
			 filing an application with the department on a form provided by the
			 department.
(2) Licensing and
			 certification privileges granted under the provisions of this section shall
			 expire six months from issuance. Licensing or certification shall not be
			 renewed. However, an applicant may receive an extension of a temporary practice
			 permit to complete an assignment, provided that a written request is received
			 by the department prior to the expiration date, stating the reason for the
			 extension.
(3) Persons granted
			 temporary licensing or certification privileges under this section shall not
			 advertise or otherwise hold themselves out as being licensed or certified by
			 the state of Washington.
(4)
			 Persons granted temporary licensure or certification are subject to all
			 provisions under this chapter. A temporary permit issued under this section
			 allows an appraiser to perform independent appraisal services required by a
			 contract for appraisal services submitted to the department with the
			 application for temporary permit.
Statutory Authority:
				  RCW
				  18.140.030(1),
				  18.140.155(2).
				  WSR 02-10-022, § 308-125-085, filed 4/23/02, effective 5/24/02. Statutory
				  Authority:
				  RCW
				  18.140.030(1). WSR
				  97-02-004, § 308-125-085, filed 12/20/96, effective 1/20/97; WSR
				  93-17-020, § 308-125-085, filed 8/10/93, effective 9/10/93. Statutory
				  Authority:
				  RCW
				  18.140.030(1)(14) and
				  chapter 18.40 RCW. WSR 92-18-018, § 308-125-085, filed 8/24/92, effective
				  9/24/92.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-100 - Course approval requirements

Current through Register Vol. 24-14, July 15, 2024
(1) For purpose of this section prior to July
			 1, 1992, the director will approve the following courses required prerequisite
			 to sitting for the examination: Provided, That courses must satisfy the
			 requirements of WAC
			 308-125-050.
(a) Courses offered at college or
			 universities, vocational-technical schools, community colleges, and other state
			 or federal agencies will be accepted by the director;
(b) Courses offered by other providers such
			 as real estate appraisal or real estate organizations or proprietary schools
			 must be reviewed and approved by the director.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-110 - Business location and/or physical address and mailing address

Current through Register Vol. 24-14, July 15, 2024
It is the responsibility of each applicant state-certified and
				licensed real estate appraiser, and registered real estate appraiser trainee to
				notify the department of a change of business location and/or physical and
				mailing address for receiving certified mail and service documents. Change of
				address notification shall be made within ten days of the change of address. If
				appraisal work files are stored at another location from the appraiser's place
				of business then such location shall be reported to the director upon
				request.
Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8), and
				  (15). 06-06-069, § 308-125-110, filed
				  2/28/06, effective 4/1/06. Statutory Authority:
				  RCW
				  18.140.030(1). 93-17-020,
				  § 308-125-110, filed 8/10/93, effective 9/10/93. Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-110,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-120 - Fees and charges

Current through Register Vol. 24-14, July 15, 2024
The following fees shall be paid under the provisions of
				chapter 18.140 RCW:
Title of Fee
Fee
(1) Application for examination
$370.00
(2) Examination
120.00**
(3) Reexamination
120.00**
(4) Original certification
250.00*
(5) Active license renewal
530.00*
(6) Inactive license renewal
110.00
(7) Reinstatement
530.00
(8) Late renewal
38.00
(9) Certification history record
30.00
(10) Application for reciprocity
370.00
(11) Original certification via reciprocity
250.00*
(12) Temporary practice
150.00
(13) Trainee registration
200.00
(14) Trainee registration renewal
200.00
(15) DOL license print
5.00
* Fees for these categories marked with an asterisk include a
				national registry fee in an amount determined by the appraisal subcommittee to
				be submitted by the state. Title XI, SEC. 1109 requires each state to submit a
				roster listing of state licensed and certified appraisers to the Appraiser
				Subcommittee.
** Charges for categories marked with a double asterisk are
				determined by contract with an outside testing service.
Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8) and
				  (15). 11-19-103, § 308-125-120, filed
				  9/21/11, effective 10/22/11. Statutory Authority:
				  RCW
				  18.140.050 and 42.24.086. 09-24-037, §
				  308-125-120, filed 11/23/09, effective 1/1/10. Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8), and
				  (15). 06-06-069, § 308-125-120, filed
				  2/28/06, effective 4/1/06. Statutory Authority:
				  RCW
				  43.24.086. 02-03-011, § 308-125-120,
				  filed 1/4/02, effective 5/1/02; 99-04-075, § 308-125-120, filed 2/2/99,
				  effective 3/5/99; 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.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-130 - Application, certification, licensure, and reexamination

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant who has satisfied the
			 prerequisite to sit for the licensure or certification examination must
			 complete the examination within six months of approval date by the
			 department.
(2) Any applicant who
			 has passed the licensure or certification examination must become licensed or
			 certified within six months from the date of such examination. Failure to
			 comply with this provision will necessitate the submission of a new
			 application, application fee, and the taking and passing of another examination
			 prior to licensure or certification.
(3) An applicant who has failed the
			 examination, or failed to appear for a scheduled examination, may apply for
			 reexamination provided the required reexamination fee is submitted. The
			 examination approval notice shall be valid for reexamination for a period of no
			 more than six months after date of issuance.
Statutory Authority:
				  RCW
				  18.140.030(1). 93-17-020,
				  § 308-125-130, filed 8/10/93, effective 9/10/93. Statutory Authority:
				  RCW
				  18.140.030(1)(14) and
				  chapter 18.40 RCW. 92-18-018, § 308-125-130, filed 8/24/92, effective
				  9/24/92. Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-130,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-140 - Passing exam score

Current through Register Vol. 24-14, July 15, 2024
A minimum scaled score of seventy is required to pass the real
				estate appraiser examination.
Statutory Authority:
				  RCW
				  18.140.030(1). WSR
				  93-17-020, § 308-125-140, filed 8/10/93, effective 9/10/93. Statutory
				  Authority:
				  RCW
				  18.140.030. WSR 91-04-074, §
				  308-125-140, filed 2/5/91, effective
				  3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-150 - Examination procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Each applicant will be required to present one piece of positive identification
			 which bears a photograph of the applicant. In the event the applicant has no
			 photo identification, the applicant will be required to make prior arrangements
			 with the licensing unit not later than ten working days prior to the
			 examination. Failure to produce the required identification will result in the
			 applicant being refused admission to the examination.
(2) Applicants will be required to refrain
			 from talking to other examinees during the examination unless specifically
			 directed or permitted to do so by a test monitor. Any applicant observed
			 talking or attempting to give or receive information, using unauthorized
			 materials during any portion of the examination, or removing test booklets
			 and/or notes from the testing room will be subject to denial of a
			 certification.
(3) Applicants who
			 participate in disruptive behavior during the examination will be required to
			 turn in their test materials to the test monitor and leave the examination
			 site. Their opportunity to sit for the examination will be forfeited. Their
			 answer sheet will be voided. A voided answer sheet will not be scored and the
			 examination fee will not be refunded. A candidate must then reapply to take the
			 examination.
Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-150,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-170 - Exceptions to chapter 18.140 RCW

Current through Register Vol. 24-14, July 15, 2024
No exceptions will be allowed to the requirements of chapter
				18.140 RCW except as provided by statute or rule.
Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-170,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-180 - Reciprocity

Current through Register Vol. 24-14, July 15, 2024
A person licensed or certified as a real estate appraiser
				under the rules or laws of another state may obtain certification in the state
				of Washington when the following condition is met:
The state in which the appraiser is licensed or certified has
				an appraiser licensure or certification program which meets federal guidelines
				.
A person seeking licensure or certification under this section
				may be required to provide a statement from the state in which the person is
				licensed or certified establishing licensure or
				certification.
Statutory Authority:
				  RCW
				  18.140.030(1). 97-02-004,
				  § 308-125-180, filed 12/20/96, effective 1/20/97; 93-17-020, §
				  308-125-180, filed 8/10/93, effective 9/10/93. Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-180,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-190 - Examination required - Scope

Current through Register Vol. 24-14, July 15, 2024
The director shall approve an examination for licensure and
				certification of real estate appraisers. This examination may be prepared and
				administered within a state agency, or the director may request bids for
				contracts to prepare and administer the exam. Such requests for proposals shall
				be done in accordance with the state law.
(1) The director will determine the scope of
			 the examination and provide information concerning the scope of the examination
			 to an individual upon request.
(2)
			 If the director determines to seek proposals for testing services, the director
			 will establish criteria for evaluating the proposals.
Statutory Authority:
				  RCW
				  18.140.030(1). 93-17-020,
				  § 308-125-190, filed 8/10/93, effective 9/10/93. Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-190,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-200 - Standards of practice

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The standard of practice governing real estate appraisal activities will be the
			 edition of the Uniform Standards of Professional Appraisal Practice of the
			 Appraisal Foundation in effect on the date of the appraisal report. A copy of
			 the Uniform Standards of Professional Appraisal Practice is available for
			 review and inspection at the office of the Real Estate Appraiser Unit Office,
			 Olympia, Washington. The Uniform Standards of Professional Appraisal Practice
			 is a copyright document. Copy of the full text may be obtained from the
			 Appraisal Foundation at The Appraisal Foundation, P.O. Box 96734, Washington,
			 DC 20090-6734.
(2) Expert review
			 appraisers as defined by
			 RCW
			 18.140.010(11) while
			 performing expert reviews pursuant to chapter 18.140 RCW are required to comply
			 with the Uniform Standards of Professional Appraisal Practice, Standard 3
			 review provisions while performing expert reviews for the director.
Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8), and
				  (15). 06-06-069, § 308-125-200, filed
				  2/28/06, effective 4/1/06. Statutory Authority:
				  RCW
				  18.140.030(1) and (13).
				  05-05-097, § 308-125-200, filed 2/16/05, effective 3/19/05. Statutory
				  Authority:
				  RCW
				  18.140.030(1) and
				  18.235.030(1).
				  04-04-052, § 308-125-200, filed 1/30/04, effective 3/1/04. Statutory
				  Authority:
				  RCW
				  18.140.030(16), (17).
				  03-02-040, § 308-125-200, filed 12/24/02, effective 1/24/03; 02-03-012,
				  § 308-125-200, filed 1/4/02, effective 2/4/02. Statutory Authority:
				  [RCW
				  18.140.030(16), (17) and
				  chapter 18.140 RCW.] 00-23-038, § 308-125-200, filed 11/9/00, effective
				  12/10/00. Statutory Authority:
				  RCW
				  43.24.086. 00-04-057, § 308-125-200,
				  filed 1/28/00, effective 2/28/00; 99-04-074, § 308-125-200, filed 2/2/99,
				  effective 3/5/99; 98-17-083, § 308-125-200, filed 8/18/98, effective
				  9/18/98. Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-200,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-210 - Required records - Accessibility of records to the department of licensing

Current through Register Vol. 24-14, July 15, 2024
All appraisers certified or licensed under chapter 18.140 RCW
				must retain records required by the Uniform Standards of Professional Appraisal
				Practice for a minimum of five years or at least two years after final
				disposition of any judicial proceeding in which the appraiser provided
				testimony related to the assignment, whichever period expires last. Such
				records will be subject to random audit by the department without notice and
				must be readily available for inspection by a representative of the
				department.
Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8), and
				  (15). 06-06-069, § 308-125-210, filed
				  2/28/06, effective 4/1/06. Statutory Authority:
				  RCW
				  18.140.030(1). 93-17-020,
				  § 308-125-210, filed 8/10/93, effective 9/10/93. Statutory Authority:
				  RCW
				  18.140.030. 91-04-074, § 308-125-210,
				  filed 2/5/91, effective 3/8/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-225 - Meetings - Notice

Current through Register Vol. 24-14, July 15, 2024
The real estate appraiser commission meets at the call of the
				director. Regular meetings are scheduled in February, May, August and November
				on the third Friday. Department requirements may necessitate altering scheduled
				meetings in accordance with
				RCW
				42.30.075. Special meetings are in accordance
				with RCW
				42.30.080.
Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8), and
				  (15). 06-06-069, § 308-125-225, filed
				  2/28/06, effective 4/1/06. Statutory Authority:
				  RCW
				  18.140.030(1). 93-17-020,
				  § 308-125-225, filed 8/10/93, effective
				  9/10/93.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-250 - Inactive licenses

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any license issued under this chapter and not otherwise revoked is deemed
			 "inactive" at any time it is delivered to the director. Until reinstated under
			 this chapter, the holder of an inactive license is prohibited from conducting
			 real estate appraisal services.
(2)
			 An inactive license may be renewed on the same terms and conditions as an
			 active license, except that a person with an inactive license shall pay a
			 reduced renewal fee. Failure to renew shall result in cancellation in the same
			 manner as an active license.
(3) An
			 inactive license may be placed in an active status upon submission of a
			 reinstatement application to include proof of successful completion within one
			 hundred eighty days of application of a fifteen hour course in the uniform
			 standards of professional appraisal practice.
(4) If an appraiser license is inactive for
			 more than eight years, the license shall be canceled in the same manner as an
			 active license.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-040 - Materially adverse change

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 materially adverse change means any change in the condition of a promoter or
			 its affiliates which causes or might cause loss or risk of loss to the
			 interests of the timeshare purchasers or prospective purchasers.
A materially adverse change occurs under circumstances which
				include, but are not limited to, the following:
(a) Any bulk sale of all or a significant
			 portion of the timeshare properties;
(b) Any actual or threatened bankruptcy,
			 receivership, or similar proceeding involving the promoter or its
			 affiliates;
(c) Any lien,
			 encumbrance, or similar circumstance which threatens to affect, or does affect,
			 any of the timeshare properties;
(d) Any sale, lease, substitution of, or
			 addition to the inventory of the timeshare properties by the promoter or its
			 affiliates;
(e) Any amendment or
			 change in the timeshare instruments or the timeshare program;
(f) Any change in the affiliation of the
			 promoter or the association with a timeshare exchange company;
(g) Any change in the promoter's or an
			 affiliate's plan of promotion;
(h)
			 Any change in the status of an escrow, trust, bond, letter of credit, impound
			 or other protective device, being utilized in the timeshare program for
			 purposes of purchaser protection;
(i) Any criminal prosecution, civil lawsuit,
			 or administrative proceeding in which the promoter or its affiliates are
			 parties;
(j) Sell-out of the number
			 of intervals registered to be sold to persons residing in the state of
			 Washington;
(k) Any change in the
			 financial status of the promoter or its affiliates that might adversely affect
			 their ability to pay the timeshare expenses, including reserve accounts, during
			 marketing of the timeshares.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-105 - Exemptions from registration

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Provided that the conditions stated are met, the director may exempt from
			 registration limited timeshare offerings:
(a)
			 The offering contains fewer than four owners or timeshare intervals for at
			 least three years after its establishment; and
(b) There is no soliciting of purchasers in
			 the timeshare program from among the general public; and
(c) There appears to be neither hazard to the
			 public or owners nor violation of the nonregistration provisions of the
			 statute; and
(d) The co-owners of
			 the timeshare program provide the agency with advance notice of their intent to
			 establish a limited timeshare offering. Such notice may be given on a form for
			 this purpose provided by the agency, or otherwise, which shall include the
			 names and addresses of all co-owners of the timeshare program and properties,
			 the identity and location of the timeshare properties, and a description of the
			 timeshare program, including a copy of all agreements and forms that
			 financially commit the owners to the program.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-110 - Disclosure documents - Projects already registered in foreign jurisdictions

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Whenever a timeshare project is sited in a foreign jurisdiction and there has
			 been a prior registration in that jurisdiction under an enactment specifically
			 addressing the regulation of timeshares, the director may accept in whole or in
			 part the disclosure statement of such foreign jurisdiction for purposes of
			 satisfying the disclosure requirements of the Timeshare Act.
(2) Promoters who wish to utilize a
			 disclosure document accepted by a foreign jurisdiction shall forward a copy of
			 the disclosure document to the agency along with the state of Washington
			 registration forms, documents and filing fee ordinarily required of
			 promoters.
(3) If a foreign
			 jurisdiction's disclosure document is incorporated by reference into the state
			 of Washington public offering statement, the state of Washington registration
			 is deficient and void at the moment the registration in the foreign
			 jurisdiction expires, or, if for any reason, the disclosure statement in that
			 jurisdiction is or becomes deficient.
Statutory Authority:
				  RCW
				  43.24.086. 90-07-023, § 308-127-110,
				  filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22
				  §§ 7 and 26. 83-24-057 (Order 733 DOL), § 308-127-110, filed
				  12/6/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-120 - Financial information requirements

Current through Register Vol. 24-14, July 15, 2024
The agency may require that the financial statements provided
				for in the Timeshare Act, be prepared and audited by an independent certified
				public accountant, in a manner which complies with the standards and guidelines
				established by the American Institute of Certified Public Accountants, under
				circumstances which include but are not limited to the following:
(1) For promoters of projects where
			 accommodations or facilities are not completed at the time of the taking of a
			 binding purchaser commitment and review of such statements will assist the
			 agency in determining the promoter's ability to perform; or
(2) For promoters of right-to-use projects
			 where a review of such statements will assist the agency in determining the
			 ability of the promoter to provide continued future quiet enjoyment of the
			 timeshare; or
(3) For promoters of
			 projects where the promoter's payment of project expenses and servicing of
			 reserve accounts cannot be assured by means other than reliance upon the
			 promoter's own ability to pay such obligations from the promoter's existing
			 assets.
Statutory Authority:
				  RCW
				  43.24.086. 90-07-023, § 308-127-120,
				  filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22
				  § 26. 83-24-057 (Order 733 DOL), § 308-127-120, filed
				  12/6/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-130 - Disclosure of number of intervals to be sold to persons residing in the state of Washington

Current through Register Vol. 24-14, July 15, 2024
The public offering statement shall declare the total number of
				intervals available to be sold to persons residing within the state of
				Washington.
Statutory Authority:
				  RCW
				  43.24.086. 90-07-023, § 308-127-130,
				  filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22
				  § 26. 83-24-057 (Order 733 DOL), § 308-127-130, filed
				  12/6/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-140 - Expiration and renewal of timeshare offering registration

Current through Register Vol. 24-14, July 15, 2024
A timeshare offering registration shall expire one year from
				the date of approval for registration, or at the time the promoter sells the
				total number of intervals registered as available to be sold to persons
				residing in the state of Washington, whichever event occurs first. To continue
				offering the timeshare project in this state, a promoter shall file for renewal
				of its timeshare offering registration no later than thirty days prior to
				expiration of the registration. Failure to renew within six months after the
				renewal date shall result in the termination of the registration and all fees
				for an original application for registration shall apply.
Statutory Authority:
				  RCW
				  64.36.270,
				  43.24.023. 04-08-003, §
				  308-127-140, filed 3/24/04, effective 4/24/04. Statutory Authority:
				  RCW
				  43.24.086. 90-07-023, § 308-127-140,
				  filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22
				  §§ 6 and 26. 83-24-057 (Order 733 DOL), § 308-127-140, filed
				  12/6/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-200 - Activities requiring registration as a timeshare salesperson

Current through Register Vol. 24-14, July 15, 2024
(1) An individual
			 acts as a timeshare salesperson whenever the individual induces, solicits, or
			 attempts to encourage a person to acquire a timeshare; or the individual is
			 responsible for causing an advertiser to publicize a timeshare offer.
(2) Unless exempted under the Timeshare Act,
			 or these rules, a timeshare salesperson shall be registered in the state of
			 Washington whenever one of the following apply:
(a) The timeshare salesperson offers a
			 timeshare for sale from a timeshare project in which the principal property of
			 the program is located in this state; or
(b) The timeshare salesperson offers a
			 timeshare for sale from a timeshare project in which the principal property of
			 the program is located outside of this state, and
(i) The offer is made in or from this state,
			 or
(ii) The person receiving the
			 offer is located in this state at the time the offer is received.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-210 - Relationship of timeshare promoters and salespersons and real estate brokers and salespersons

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 active timeshare salesperson registration shall be associated with one or more
			 timeshare promoters who have one or more timeshare offerings registered in this
			 state. The promoter shall have full responsibility for all activities of the
			 promoter's timeshare salesperson which relate to offering timeshares for
			 sale.
(2) An active real estate
			 broker or salesperson may act as the brokerage agent of one or more timeshare
			 promoters without registering as a timeshare salesperson. However, this
			 exemption from registration as a timeshare salesperson applies only when the
			 exempted person is performing real estate brokerage in compliance with chapter
			 18.85 RCW. Further, this exemption only pertains to the timeshare salesperson
			 registration requirement. All other provisions of the Timeshare Act apply to
			 real estate brokers and salespersons offering timeshares for sale.
(3) A natural person may be registered as a
			 timeshare salesperson while licensed as a real estate broker or salesperson.
			 However, the salesperson shall conduct timeshare activities and maintain
			 associated business records separate and apart from his or her real estate
			 broker or salesperson activities and records. The term "separate and apart"
			 shall not preclude location of timeshare salesperson and real estate brokerage
			 activities at the same office.
(4)
			 Any individual who is registered as a timeshare salesperson and licensed as a
			 real estate broker or salesperson shall disclose in writing to the recipient of
			 a timeshare sales offer whether he or she is acting as the timeshare
			 salesperson of a promoter or a real estate broker or salesperson at the time he
			 or she presents the public offering statement.
Statutory Authority:
				  RCW
				  43.24.086. 90-07-023, § 308-127-210,
				  filed 3/14/90, effective 4/14/90. Statutory Authority: 1983 1st ex.s. c 22
				  § 26. 83-24-057 (Order 733 DOL), § 308-127-210, filed
				  12/6/83.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-225 - Original application, renewal, inactivity, and fees for a timeshare salesperson registration

Current through Register Vol. 24-14, July 15, 2024
(1) An
			 individual shall apply for registration as a timeshare salesperson on a form
			 prescribed by the agency. The registration application for a timeshare
			 salesperson shall identify the specific promoter responsible for the business
			 activities of the salesperson and shall be valid for a period of one
			 year.
(2) When a timeshare
			 salesperson ceases to be employed by a timeshare promoter, the salesperson's
			 registration shall be set to an inactive status. Written notice of this
			 cessation shall be given by the promoter to the department. An individual with
			 an inactive timeshare salesperson license who desires to work for the same or
			 another promoter shall register a new association with the department before
			 engaging in further timeshare sales activities.
(3) An individual may renew his timeshare
			 salesperson registration for one year if the agency receives the individual's
			 request and renewal fee on or before the expiration of the individual's
			 existing registration. The effective date of the renewal shall be the
			 anniversary date of the previous registration. If the registration is not
			 renewed before the expiration date reregistration is required before timeshare
			 sales activity may be continued.
(4) An application for registration or a
			 renewal of registration is not complete unless it is accompanied by the proper
			 fee. Payment of the fee with a check which is subsequently dishonored is a
			 deficient application. Upon notification to the promoter by the agency, the
			 promoter shall cease employment of the applicant as a timeshare
			 salesperson.
Statutory Authority:
				  RCW
				  64.36.270,
				  43.24.023. 04-08-003, §
				  308-127-225, filed 3/24/04, effective 4/24/04. Statutory Authority:
				  RCW
				  43.24.086. 90-07-023, § 308-127-225,
				  filed 3/14/90, effective 4/14/90.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-300 - Impoundment

Current through Register Vol. 24-14, July 15, 2024
(1) The agency may
			 require impoundment authorized in the Timeshare Act, under circumstances which
			 include, but are not limited to, the following:
(a) The registration of any cooperative or
			 right-to-use project whenever adequate assurances of continued quiet enjoyment
			 cannot be provided by means of bonds, escrows, trusts, or other devices;
			 or
(b) The registration of any form
			 of timeshare project whenever the timeshare properties and other facilities
			 promised are not yet constructed or otherwise available, and where completion
			 of construction or delivery of accommodations and facilities cannot be assured
			 by bonds, escrows, trusts, or other devices; or
(c) The registration of persons in the
			 business of listing or brokering resale timeshare intervals whenever any
			 advance fees or funds of any description are to be collected from buyers or
			 sellers of resale timeshare intervals prior to the time of transacting a
			 purchase or sale of a timeshare interval; or
(d) The registration of persons in the
			 business of offering commercial promotional programs whenever any advance fees
			 or funds of any description are to be collected from persons in advance, in
			 connection with delivery by the promisor of gifts, prizes, awards, or any other
			 item of value.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-310 - Application of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-051, § 308-127-310, filed 5/1/97, effective
				  6/1/97.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-320 - Preliminary record in brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-051, § 308-127-320, filed 5/1/97, effective
				  6/1/97.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-127 - Timeshare › Section 308-127-330 - Conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-051, § 308-127-330, filed 5/1/97, effective
				  6/1/97.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part A - GENERAL › Section 308-129-010 - Organization

Current through Register Vol. 24-14, July 15, 2024
The sellers of travel program of the department of licensing
				  administers the Washington Sellers of Travel Registration Act, chapter 19.138
				  RCW. Information regarding sellers of travel registrations or the sellers of
				  travel program may be obtained by writing to the Program Manager, Sellers of
				  Travel Program, Department of Licensing, P.O. Box 9045, Olympia, Washington
				  98507.
Statutory Authority: Chapter 19.138 RCW. 96-14-092, §
					 308-129-010, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part A - GENERAL › Section 308-129-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Registration
				number" means the unified business identifier number (UBI) assigned to the
				registered seller of travel.
(2)
				"Main office" means the first registered business location for a seller of
				travel.
(3) "Branch office" means
				each additional business location for a seller of travel after the first
				location has been registered.
(4)
				"Other approved account" means (a) bank administered account; (b) account
				pursuant to other state law; (c) checking account; (d) savings account; (e) an
				account individually approved of by the department.
Statutory Authority: Chapter 19.138 RCW. 96-14-092, §
					 308-129-020, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part A - GENERAL › Section 308-129-030 - Registration

Current through Register Vol. 24-14, July 15, 2024
Registration as a seller of travel will be accomplished
				  through the master license system under
				  chapter
				  19.02 RCW. The fees
				  established by or under chapter 19.138 RCW for registering as a seller of
				  travel shall be paid to the department of licensing concurrently with an
				  application for a master license or with the annual renewal of a master license
				  under chapter 19.02
				  RCW.
A corporation, limited liability company, limited liability
				  partnership, or a limited partnership, based in the state of Washington, must
				  first be registered with the office of the secretary of state before
				  registering as a seller of travel.
Statutory Authority: Chapter 19.138 RCW. 96-14-092, §
					 308-129-030, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part B - REGISTRATION APPLICATION AND FEES › Section 308-129-100 - Applications - Conditions

Current through Register Vol. 24-14, July 15, 2024
Any person desiring to be registered as a seller of travel
				  shall submit with the application form:
(1) A copy of any criminal conviction,
				including a guilty plea, within the last ten years, or any conviction that
				resulted in the applicant having to register as a sex offender regardless of
				whether the conviction is over ten years old.
(2) A copy of any civil or administrative
				judgment or order involving dishonesty, fraud, or violation of any act designed
				to protect consumers that names the applicant as a party.
(3) In lieu of the CPA/LPA/bank officer
				report required by
				RCW
				19.138.110(5), an applicant
				may submit an affidavit or declaration signed under penalty of perjury setting
				out the information required by
				RCW
				19.138.110(5).
(4) Applicants who certify under penalty of
				perjury that they do not hold for more than five business days any nonexempt
				funds received from any person or entity for retail travel services shall not
				be required to report or maintain a trust account or other approved account
				under RCW
				19.138.110(5).
(5) A seller of travel applying to be
				licensed under chapter 19.138 RCW may submit a surety bond as described in
				RCW
				19.138.140(7)(a)(i) or other
				instrument approved by the department as described in
				RCW
				19.138.140(7)(a)(iv). The
				amount of the surety bond or other approved instrument shall be based upon the
				prior year's annual gross income of business conducted as outlined in the
				following scale:
Annual Gross Income of Business Conducted:
Amount of Surety Bond or other instrument approved
								by the department:
$199,999 and under
$10,000
$200,000 through $499,999
$20,000
$500,000 through $749,999
$30,000
$750,000 through $999,999
$40,000
$1,000,000 and above
$50,000
(6)
				Sellers of travel companies upon application and renewal shall attest to their
				gross annual income of business conducted on a form provided by the
				department.
Statutory Authority:
					 RCW
					 19.138.170 and
					 43.24.023. 03-03-055, §
					 308-129-100, filed 1/13/03, effective 2/13/03. Statutory Authority:
					 RCW
					 19.138.170(1). 00-11-047,
					 § 308-129-100, filed 5/12/00, effective 6/12/00. Statutory Authority:
					 Chapter 19.138 RCW. 96-14-092, § 308-129-100, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part B - REGISTRATION APPLICATION AND FEES › Section 308-129-110 - Seller of travel registration fees

Current through Register Vol. 24-14, July 15, 2024
The following fees shall be charged by the business and
				  professions division of the department of licensing:
Title of Fee
Fee
Original registration fee
$222.00
Registration renewal
222.00
Service of process fee
20.00
Branch offices are subject to a duplicate registration fee.
				  The duplicate registration fee for each branch office shall be an amount equal
				  to the original registration fee.
Statutory Authority:
					 RCW
					 19.138.170 and
					 43.24.086. 07-16-036, §
					 308-129-110, filed 7/23/07, effective 9/1/07. Statutory Authority:
					 RCW
					 19.138.170,
					 43.24.023,
					 43.24.086. 04-19-039, §
					 308-129-110, filed 9/13/04, effective 11/1/04. Statutory Authority:
					 RCW
					 19.138.170,
					 43.24.023. 04-12-027, §
					 308-129-110, filed 5/26/04, effective 7/1/04. Statutory Authority:
					 RCW
					 19.138.170(1). 00-01-128,
					 § 308-129-110, filed 12/20/99, effective 1/20/00. Statutory Authority:
					 Chapter 19.138 RCW. 96-14-092, § 308-129-110, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part B - REGISTRATION APPLICATION AND FEES › Section 308-129-120 - Dishonored checks

Current through Register Vol. 24-14, July 15, 2024
Payment of any fee required under chapter 19.138 or
				  19.02 RCW by a check which is
				  dishonored shall be considered a nonpayment and the registration action for
				  which the dishonored check was tendered shall be considered invalid by the
				  department.
Statutory Authority: Chapter 19.138 RCW. 96-14-092, §
					 308-129-120, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part B - REGISTRATION APPLICATION AND FEES › Section 308-129-130 - Expiration and renewal of registrations

Current through Register Vol. 24-14, July 15, 2024
Registrations issued to sellers of travel shall expire
				  concurrently with the master license expiration date. Registrations and fees
				  will be prorated as necessary to match the master license expiration date.
				  Registrations must be renewed each year on or before the expiration date and
				  renewal registration fees as prescribed in WAC
				  308-129-110 and
				  chapter
				  19.02 RCW shall be paid.
				  Acceptance by the director of an application for renewal after the renewal date
				  shall not be a waiver of the master licensing service
				  delinquency.
Statutory Authority: Chapter 19.138 RCW. 96-14-092, §
					 308-129-130, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part C - REQUIRED RECORDS AND RECORDS PROCEDURES › Section 308-129-300 - Required records

Current through Register Vol. 24-14, July 15, 2024
The minimum records a seller of travel shall be required to
				  keep are:
(1) Bank trust account or
				other approved account records (unless exempt);
(2) Client account information, which
				includes the client's name, amount and date payment was received and
				disbursed;
(3) Unless a different
				period is specified by statute or rule, the required records shall be
				maintained and available for inspection by representatives of the department
				for a period of two years after completion of the travel.
Statutory Authority: Chapter 19.138 RCW. 96-14-092, §
					 308-129-300, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-129 - Sellers of travel › Part C - REQUIRED RECORDS AND RECORDS PROCEDURES › Section 308-129-310 - Administration of nonexempt funds and records procedure

Current through Register Vol. 24-14, July 15, 2024
Any seller of travel shall distribute nonexempt funds as
				  authorized by statute and these regulations:
(1) The trust account or other approved
				account shall be in the firm name of the seller of travel as
				registered;
(2) All disbursements
				from the trust account or other approved account shall be identified to a
				specific transaction
(3) If the
				financial institution charges service fees, the seller of travel shall
				reimburse the trust account or other approved account within 10 banking days
				after receipt of the monthly statement.
Statutory Authority: Chapter 19.138 RCW. 96-14-092, §
					 308-129-310, filed 7/2/96, effective
					 8/2/96.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-200A - Department of licensing environmental regulations › Section 308-200A-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are promulgated under
				RCW
				43.21C.120 (the State Environmental Policy
				Act) and chapter 197-11 WAC (SEPA rules).
Statutory Authority:
				  RCW
				  43.21C.120. 10-21-087, § 308-200A-010,
				  filed 10/20/10, effective 11/20/10; 78-09-002 (Order 500-DOL), §
				  308-200A-010, filed 8/3/78. Formerly WAC
				  308-200-010.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-200A - Department of licensing environmental regulations › Section 308-200A-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter implements the statewide rules in chapter 197-11
				WAC as they apply to the department of licensing.
Statutory Authority:
				  RCW
				  43.21C.120. 10-21-087, § 308-200A-020,
				  filed 10/20/10, effective 11/20/10; 78-09-002 (Order 500-DOL), §
				  308-200A-020, filed 8/3/78. Formerly WAC
				  308-200-020.