reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-905 - Notice of actions by governmental entities or accrediting commissions

Current through Register Vol. 24-14, July 15, 2024
School applicants and approved schools shall present the
				  department with written details of any consent orders with the Federal Trade
				  Commission or other jurisdictions and any final actions which have been taken
				  against the school, its administrator, its owners, officers, or directors by
				  any federal or state agencies, including courts or accrediting commissions, of
				  which the school has knowledge and inform the department in writing of actions
				  being taken to correct deficiencies cited. Directors, officers, and owners
				  shall advise the administrator of any such actions taken against the directors,
				  officers, or owners. School applicants and approved schools shall not purposely
				  avoid gaining knowledge of such actions. Final actions shall not include
				  traffic violations or traffic convictions.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-905, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-907 - Required publication

Current through Register Vol. 24-14, July 15, 2024
Each school shall have available to prospective and enrolled
				  students a publication containing the following information:
(1) Date of publication;
(2) Name and address of school. The name of
				the administrator and telephone number(s) of the school's administrative
				offices;
(3) A list of courses, as
				outlined in WAC
				308-124H-910;
(4) Description of all course
				prerequisites;
(5) The school's
				policy regarding:
(a) Admission
				procedure;
(b) Causes for dismissal
				and conditions for readmission;
(c)
				Attendance requirements, leave, absences, makeup work, and tardiness;
(d) Standards of progress required of the
				student, including a definition of the grading system of the school, the
				minimum grades considered satisfactory, and the conditions for reentrance for
				those students whose course of study is interrupted;
(e) Refund policy of registration or tuition
				fees, record retrieval fee, or any other charges, including procedures a
				student shall follow to cancel enrollment before or after instruction has
				begun.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-910 - Course description

Current through Register Vol. 24-14, July 15, 2024
Each approved school shall have available for distribution to
				  prospective and enrolled students a course description containing the following
				  information:
(1) Name of approved
				school;
(2) Date(s) and location of
				the course;
(3) The course
				title;
(4) The educational
				objectives of the course;
(5) The
				type of instruction (e.g., live classroom or distance education) in the course
				and the length of time required for completion;
(6) The number of clock hours approved for
				the course, or, a statement that an application for approval is
				pending;
(7) Name(s) of instructors
				when available;
(8) Equipment and
				supplies which the student must provide;
(9) Fees for the course;
(10) The specific education requirements
				under chapter 18.85
				RCW or chapter 308-124H WAC which will be met upon completion of the course
				students shall be informed, that for courses of thirty clock hours or more, a
				comprehensive examination is available and is mandatory to satisfy the
				requirements of
				RCW
				18.85.101 and
				18.85.111;
(11) Cancellation policy; and
(12) Tuition refund policy.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-910, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-915 - Certificate of school approval

Current through Register Vol. 24-14, July 15, 2024
Upon approval a school shall be issued a certificate of
				  approval containing the school's name, address, identification number, date of
				  approval, and name of administrator. No school shall adopt or make a change in
				  its name of its administrative office prior to receipt of a new certificate
				  from the department.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-915, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-920 - Disciplinary action - Procedures - Investigation

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall have the authority,
				on its own motion or upon complaint made to it, to investigate or audit any
				school to determine compliance with
				chapter
				18.85 RCW and with the
				rules and regulations of this chapter.
(2) Complaints concerning approved schools
				should be made in writing to the department.
(3) All approved schools shall be subject to
				periodic visits by an official representative for the department who may
				observe classroom and distance education activities, evaluate course content,
				exams and instructor proficiency to ensure that courses are being taught in
				accordance with the provisions of this chapter.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-920, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-925 - Grounds for denial or withdrawal of school or school administrator approval

Current through Register Vol. 24-14, July 15, 2024
Approval may be denied or withdrawn if the instructor or any
				  owner, administrator, or affiliated representative of a school:
(1) Has had any disciplinary action taken
				against his/her professional license in this or any other
				jurisdiction;
(2) Falsified any
				student records or clock hour certificates;
(3) Falsified any application or any other
				information required to be submitted to the department;
(4) Attempted in any manner to discover, or
				to impart to any license candidate, the content of and/or answer to any real
				estate license examination question(s);
(5) Violated any provision in
				chapter
				18.85 RCW or the rules
				promulgated thereunder;
(6) Failed
				to cooperate with the department in any investigation or hearing;
(7) Has been convicted of a crime within the
				preceding ten years;
(8) Violated
				any of the provisions of any local, state, or federal antidiscrimination
				law;
(9) Continued to teach or
				offer any real estate subject matter whereby the interests of the public are
				endangered, after the director, by order in writing, stated objections
				thereto;
(10) Offered, sold, or
				awarded any clock hours without requiring the student to successfully complete
				the clock hours for which the course was approved;
(11) Accepted registration fees and not
				supplied the service and/or failed to refund the fees within thirty days of not
				supplying the service;
(12)
				Represented in any manner that the school is associated with a "college" or
				"university" unless it meets the standards and qualifications of and has been
				approved by the state agency having jurisdiction;
(13) Represented that a school is recommended
				or endorsed by the state of Washington or by the department, provided that a
				school authorized to offer clock hours under this chapter may state: "This
				school is approved under
				chapter
				18.85 RCW";
(14) Advertised, published, printed, or
				distributed false or misleading information;
(15) Advertised the availability of clock
				hour credit for a course in any manner without affixing the name of the school
				as approved by the department;
(16)
				Solicited, directly or indirectly, information from applicants for a real
				estate license following the administration of any real estate examination to
				discover the content of and/or answer to any examination question or
				questions;
(17) Has failed to meet
				the requirements of this chapter;
(18) Failed to teach a course consistent with
				the approved course content or curriculum;
(19) Used a substitute instructor who has not
				been approved to teach the topic area(s) pursuant to chapter 308-124H
				WAC.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-925, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-930 - Hearing procedure

Current through Register Vol. 24-14, July 15, 2024
Upon notice of disapproval or issuance of charges, a person
				  is entitled to a hearing conducted in accordance with the Administrative
				  Procedure Act,
				  chapter
				  34.05 RCW, and the
				  provisions of WAC
				  308-124-305,
				  308-124-310 and
				  308-124-315. To exercise the
				  right to a hearing under this section, a person must request a hearing within
				  twenty days after receipt of the notice of disapproval or charges. Any person
				  aggrieved by a final decision of the director is entitled to judicial review
				  under the provisions of the Administrative Procedure Act,
				  chapter
				  34.05
				  RCW.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-930, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-935 - Record retention

Current through Register Vol. 24-14, July 15, 2024
(1)
				Each school shall maintain for a minimum of five years each student's record
				and each edition of a required publication;
(2) A "student record" shall include:
(a) The name, address, and telephone number
				of the school;
(b) Full name,
				address, and telephone number of the student;
(c) Beginning and ending dates of attendance
				and date of registration agreement if the refund policy relates to the
				registration date;
(d) Clock hour
				courses completed and examination results;
(e) Course evaluation form.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-940 - School closing/change of status

Current through Register Vol. 24-14, July 15, 2024
(1) A school shall make plans and take
				measures to protect the rights of present and former students if it goes out of
				business.
(2) Upon cessation of
				instruction or termination of approved status, a school shall immediately
				furnish to the department by certified mail or hand delivery:
(a) Its certificate of approval;
(b) Name, address, and telephone number of
				the person who will be responsible for closing arrangements;
(c) The student's name, address and telephone
				number, the name of the course, the amount of class time remaining to complete
				the course, and the total amount of tuition and fees paid by the student for
				the course;
(d) A copy of a written
				notice which shall be mailed to all enrolled students in clock hour courses who
				have not completed a current course because of cessation of instruction; the
				notice shall explain the procedures students must follow to secure refunds or
				to continue their education;
(e)
				Procedures for disbursement of refunds to enrolled students, in the full amount
				to which they are entitled, no later than thirty days from the last day of
				instruction.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-945 - Instructor approval required

Current through Register Vol. 24-14, July 15, 2024
(1)
				Instructor approval by the department is required prior to the date on which
				the course is offered for clock hour credit.
(2) Each application for approval of an
				instructor shall be submitted to the department on the appropriate application
				form provided by the department.
(3) The director or designee shall approve or
				disapprove instructor applications based upon criteria established by the
				commission.
(4) The director or
				designee shall approve only complete applications which meet the requirements
				of this chapter.
(5) Upon approval
				or disapproval the applicant will be so advised in writing by the department.
				Notification of disapproval shall include the reasons therefor.
(6) Approval shall expire two years after
				effective date of approval.
(7)
				Applicants shall identify on the application form the specific subject matter
				topic area or areas he or she proposes to teach.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-945, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-950 - Application process for previously approved instructors

Current through Register Vol. 24-14, July 15, 2024
(1) If there are no changes in the original
				instructor approval application for a previously approved instructor, the
				instructor will be approved upon receipt of an instructor renewal form and
				payment of the required fee.
(2) If
				there are changes in an original instructor approval application for a
				previously approved instructor, the application will not be processed as a
				renewal, and will require completion of an instructor approval application and
				payment of required fees.
(3) If an
				instructor renewal application or an instructor approval application is
				submitted at least thirty days prior to the current instructor expiration date,
				the previous instructor approval shall remain in effect until action to approve
				or disapprove the application is taken by the director.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-950, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-955 - Certificate of instructor approval

Current through Register Vol. 24-14, July 15, 2024
Upon approval an instructor shall be issued a certificate of
				  approval containing the instructor's name, date of approval, department
				  identification number, and the subject matter topic areas that the instructor
				  is approved to teach.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-955, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-960 - Qualifications of instructors

Current through Register Vol. 24-14, July 15, 2024
Each instructor shall demonstrate competency based on
				  guidelines established by the commission in the subject matter/topic that they
				  propose to teach and shall be qualified in techniques of instruction.
				  Instructor qualifications in techniques of instruction shall be evidenced by
				  one of the following:
(1) One hundred
				fifty classroom hours as an instructor within two years preceding application
				in courses acceptable to the director;
(2) Possession of the professional
				designation, DREI, from the Real Estate Educators Association (REEA);
(3) Successful completion of an instructor
				training course approved by the director upon recommendation of the commission
				and two years full-time experience in real estate or a related field within the
				five years immediately preceding the date of application;
(4) A bachelors or advanced degree in
				education and either two years teaching experience, or two years experience in
				real estate or a related field within the last five years;
(5) A current teaching certificate issued by
				an authorized governmental agency. The instruction must have been in a field
				allied to that which the instructor has applied to teach;
(6) At least ninety clock hours as an
				instructor in real estate within two years preceding the application;
(7) Ninety hours as an instructor at an
				institution of higher learning within two years preceding the application. The
				instruction must have been in a field allied to that which the instructor has
				applied to teach;
(8) Selection by
				a national or state association whose selection criteria have been approved by
				the director.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-960, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-965 - Changes in instructors

Current through Register Vol. 24-14, July 15, 2024
Changes in course instructors may be made only if the
				  substitute instructors are currently approved to teach the course pursuant to
				  WAC 308-124H-525.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-965, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-970 - Guest lecturer(s) - Defined

Current through Register Vol. 24-14, July 15, 2024
A topic area expert(s) may be utilized as a guest lecturer to
				  assist an approved instructor teach an approved course. The approved instructor
				  is responsible for supervision of the approved course. Guest lecturer(s) shall
				  not be utilized to circumvent the instructor approval requirements of this
				  chapter.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. WSR 10-06-078, §
					 308-124H-970, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-975 - Disciplinary action - Procedures - Investigation

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall have the authority,
				on its own motion or upon complaint made to it, to investigate or audit any
				instructor to determine compliance with
				chapter
				18.85 RCW and with the
				rules and regulations of this chapter.
(2) Complaints concerning approved
				instructors should be made in writing to the department.
(3) All approved instructors shall be subject
				to periodic visits by an official representative of the department who shall
				observe classroom activities, evaluate course content and instructor
				proficiency to ensure that courses are being taught in accordance with the
				provisions set forth.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-975, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-980 - Grounds for denial or withdrawal of instructor approval

Current through Register Vol. 24-14, July 15, 2024
Approval may be denied or withdrawn if the instructor:
(1) Has had any disciplinary action taken
				against his/her professional license in this or any other
				jurisdiction;
(2) Falsified any
				student records or clock hour certificates;
(3) Falsified any application or any other
				information required to be submitted to the department;
(4) Attempted in any manner to discover, or
				to impart to any license candidate, the content of and/or answer to any real
				estate license examination question(s);
(5) Violated any provision in
				chapter
				18.85 RCW or the rules
				promulgated thereunder;
(6) Failed
				to cooperate with the department in any investigation or hearing;
(7) Has been convicted of a crime;
(8) Violated any of the provisions of any
				local, state, or federal antidiscrimination law;
(9) Continued to teach or offer any real
				estate subject matter whereby the interests of the public are endangered, after
				the director, by order in writing, stated objections thereto;
(10) Offered, sold, or awarded any clock
				hours without requiring the student to successfully complete the clock hours
				which the course was approved;
(11)
				Accepted registration fees and not supplied the service or failed to refund the
				fees within thirty days of not supplying the service;
(12) Represented in any manner that the
				school is associated with a "college" or "university" unless it meets the
				standards and qualifications of and has been approved by the state agency
				having jurisdiction;
(13)
				Represented that a school is recommended or endorsed by the state of Washington
				or by the department, provided that a school authorized to offer clock hours
				under this chapter may state: "This school is approved under
				chapter
				18.85 RCW";
(14) Advertised, published, printed, or
				distributed false or misleading information;
(15) Solicited, directly or indirectly,
				information from applicants for a real estate license following the
				administration of any real estate examination to discover the content of and/or
				answer to any examination question or questions;
(16) Has failed to meet the requirements of
				this chapter;
(17) Failed to teach
				a course consistent with the approved course content or curriculum.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-980, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-985 - Hearing procedure

Current through Register Vol. 24-14, July 15, 2024
Upon notice of disapproval or issuance of charges, a person
				  is entitled to a hearing conducted in accordance with the Administrative
				  Procedure Act,
				  chapter
				  34.05 RCW, and the
				  provisions of WAC
				  308-124-305,
				  308-124-310, and
				  308-124-315. To exercise the
				  right to a hearing under this section, a person must request a hearing within
				  twenty days after receipt of the notice of disapproval or charges. Any person
				  aggrieved by a final decision of the director is entitled to judicial review
				  under the provisions of the Administrative Procedure Act,
				  chapter
				  34.05
				  RCW.
Statutory Authority: RCW 18.85.040 and
					 18.85.041. 10-06-078, §
					 308-124H-985, filed 3/1/10, effective
					 7/1/10.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124H - Real estate-Course, school, and instructor approval › EDUCATION › Section 308-124H-990 - Real estate course, school, and instructor approval fees

Current through Register Vol. 24-14, July 15, 2024
(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 seven dollars and sixty
				cents per clock hour credit being offered, with a minimum fee of seventy-six
				dollars per core course. A fee of fifteen dollars and twenty cents per clock
				hour credit being offered, with a minimum of one hundred fifty-two 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 four hundred
				fifty-six dollars.
(3) Application
				for school approval - A fee of three hundred eighty dollars.
(4) Application for instructor approvals:
(a) Approval to teach a specific course on
				one occasion - A fee of seventy-six dollars;
(b) Approval to teach as many subject areas
				as requested at time of initial application - A fee of one hundred fourteen
				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
				thirty-eight 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.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124I - Real estate - Audit/investigation procedures › Section 308-124I-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The director
			 regulates the practice of real estate brokerage for the safety of consumers.
			 Real estate purchases and sales are frequently the largest financial
			 transactions in a consumer's lifetime.
(2) A real estate license is a privilege
			 granted by the state to those persons meeting licensing requirements,
			 maintaining required records, and complying with all laws governing the
			 practice of real estate, including cooperation with an audit/investigation of a
			 licensee's real estate brokerage activities.
(3) The standard of practice for real estate
			 licensees is that of an attorney when completing real estate brokerage
			 transaction documents for consumers.
(4) The director utilizes two primary methods
			 of enforcement regarding the practice of real estate brokerage:
(a) Audits; and
(b) Investigations.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124I - Real estate - Audit/investigation procedures › Section 308-124I-020 - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
(1) Licensees are
			 required to create and maintain records of their real estate brokerage
			 activities for the regulatory purpose of this chapter.
(2) Records must be maintained by the
			 licensee and made available to the director for three years from the conclusion
			 of the related services or transaction.
(3) Licensees have no privacy interest in the
			 records they are required to maintain by statute or rule.
Statutory Authority:
				  RCW
				  18.85.041 and
				  18.85.361. 11-09-017, §
				  308-124I-020, filed 4/12/11, effective
				  5/13/11.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124I - Real estate - Audit/investigation procedures › Section 308-124I-030 - Licensee statements and explanations

Current through Register Vol. 24-14, July 15, 2024
(1) During the course of an investigation or
			 audit, licensees may be required to provide written statements, and/or
			 explanations.
(2) A request for a
			 written statement or explanation can only be issued by an authorized
			 representative of the director, such as an investigator, auditor, program
			 staff, or other designee.
Statutory Authority:
				  RCW
				  18.85.041 and
				  18.85.361. 11-09-017, §
				  308-124I-030, filed 4/12/11, effective
				  5/13/11.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124I - Real estate - Audit/investigation procedures › Section 308-124I-040 - Review of complaints of unprofessional conduct

Current through Register Vol. 24-14, July 15, 2024
(1) Complaints are reviewed to determine if
			 the allegations in the complaint describe an apparent violation of the laws the
			 department administers. Staff may perform some fact-finding for the purposes of
			 determining whether the complaint likely has merit. Even if the complaint is
			 deemed to have merit, the department may decide not to investigate it for
			 reasons such as the gravity of the alleged violation or the resources and
			 priorities of the department.
(2)
			 Department-initiated complaints will be referred to the investigation or audit
			 section. If the complaint is deemed to merit further review, it will be
			 assigned to an investigator or auditor.
(3) During the course of an investigation or
			 audit, if the department's auditor or investigator discovers evidence of
			 additional violations outside the allegations of the complaint, the auditor or
			 investigator may investigate and request records and detailed explanations from
			 the licensee regarding those additional violations.
Statutory Authority:
				  RCW
				  18.85.041 and
				  18.85.361. 11-09-017, §
				  308-124I-040, filed 4/12/11, effective
				  5/13/11.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124I - Real estate - Audit/investigation procedures › Section 308-124I-050 - Audits

Current through Register Vol. 24-14, July 15, 2024
(1) Real estate
			 firms are subject to routine audits. Routine audits are scheduled approximately
			 every three years.
(2) Audits will
			 be conducted at the location the real estate firm is licensed to conduct real
			 estate brokerage activity or a facility chosen by the department.
(3) All requests for records will be issued
			 by an authorized representative of the director, such as auditors,
			 investigators, program staff or other designee.
(4) An audit can be initiated at any time
			 based upon the results of the previous audit or complaint.
(5) Audits are not scheduled, but they are
			 normally done between the hours of 8:00 a.m. and 5:30 p.m., Monday through
			 Friday, excluding state holidays. An auditor may not forcibly enter a licensed
			 business location unless accompanied by law enforcement personnel pursuant to a
			 valid search warrant. Licensees are advised that refusal to permit access may
			 result in disciplinary action under
			 chapters
			 18.85 and 18.235
			 RCW.
(6) An auditor may appear at a
			 licensed business location, unannounced, during the hours described above. A
			 licensee may be required to produce to the auditor at that time all records the
			 licensee is required to keep by the statutes and rules governing licensees.
			 Licensees are advised that refusal to permit access may result in disciplinary
			 action under
			 chapters
			 18.85 and 18.235
			 RCW.
(7) The department may not
			 charge for the cost of routine audits to the licensee. Audit costs may be
			 charged to the licensee pursuant to
			 RCW
			 18.235.110(2) when the
			 department has audited pursuant to a complaint, violations have been found, and
			 the director has issued an order imposing any of the sanctions described in
			 RCW
			 18.235.110(1).
(8) An auditor and licensee may mutually
			 agree to complete or continue an audit outside the time and date
			 limitations.
Statutory Authority:
				  RCW
				  18.85.041 and
				  18.85.361. 11-09-017, §
				  308-124I-050, filed 4/12/11, effective
				  5/13/11.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-124I - Real estate - Audit/investigation procedures › Section 308-124I-060 - Investigations

Current through Register Vol. 24-14, July 15, 2024
(1) All requests
			 for records will be issued by an authorized representative of the director,
			 such as auditors, investigators, program staff, or other designee.
(2) Requests for records, documents or
			 detailed explanations shall be in writing, by regular mail, facsimile,
			 electronic mail, or in person pursuant to an investigation.
(3) The investigator will not request
			 documents or explanations by telephone unless the telephone request is followed
			 by a request in writing. In the case of a request for records or documents, a
			 licensee will not be charged for failure to cooperate with the department
			 unless the investigator has made a written request for records or documents
			 that the licensee is required to keep, and has described the records or
			 documents with sufficient specificity to notify the licensee of what records or
			 documents are being sought.
(4) An
			 investigator may inspect a licensee's licensed business location and records
			 without a warrant pursuant to an investigation approved or assigned by the
			 director or designee between the hours of 8:00 a.m. and 5:30 p.m., Monday
			 through Friday, excluding state holidays, or during the hours of an appointment
			 agreed to with the licensee. Licensees are advised that refusal to permit
			 access may result in disciplinary action under
			 chapters
			 18.85 and 18.235 RCW. An
			 investigator may not forcibly enter a licensed business location unless
			 accompanied by law enforcement personnel pursuant to a valid search
			 warrant.
Statutory Authority:
				  RCW
				  18.85.041 and
				  18.85.361. 11-09-017, §
				  308-124I-060, filed 4/12/11, effective
				  5/13/11.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-020 - Application process to take examination

Current through Register Vol. 24-14, July 15, 2024
(1) Any person desiring to take an
			 examination for licensure or certification as a state-licensed or
			 state-certified residential real estate appraiser, or as a state-certified
			 general real estate appraiser, must submit a completed examination application
			 with supporting documents and appropriate fee to the department of licensing,
			 business and professions division, at its official address. After the
			 qualifications for the examination have been verified by the department, the
			 applicant shall submit the preapproved examination application, the request for
			 examination and the appropriate fee to the testing service approved by the
			 director.
(2) At the time of filing
			 with the department, an application for a state license or certification, the
			 applicant shall possess the requisite hours of verifiable real estate appraisal
			 experience. Experience shall be acquired within the requisite time. Qualifying
			 experience shall consist of significant professional appraisal assistance under
			 the supervision of a certified appraiser within the boundaries of the state of
			 Washington except as referenced in WAC 308-125-...
(3) An application and fee shall be valid for
			 six months from receipt by the department. An applicant may correct any
			 discrepancies in the application other than experience during this six-month
			 period. After six months, if the applicant has not met the prerequisites to sit
			 for the licensure or certification examination, the applicant must submit a new
			 application with the appropriate fee.
(4) Dishonored checks will be considered as
			 an incomplete application.
(5) An
			 applicant shall forfeit all examination fees for any examination or
			 examinations for which the applicant has applied and does not take for any
			 reason, other than through the fault or mistake of the department of licensing
			 or the approved testing agency.
Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8), and
				  (15). WSR 06-06-069, § 308-125-020,
				  filed 2/28/06, effective 4/1/06. Statutory Authority:
				  RCW
				  18.140.030(1). WSR
				  97-02-004, § 308-125-020, filed 12/20/96, effective 1/20/97. Statutory
				  Authority:
				  RCW
				  18.140.030(1) and
				  18.140.090. WSR 95-17-078, §
				  308-125-020, filed 8/21/95, effective 9/21/95. Statutory Authority:
				  RCW
				  18.140.030(1). WSR
				  93-17-020, § 308-125-020, 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, § 308-125-020, filed 8/24/92, effective
				  9/24/92. Statutory Authority:
				  RCW
				  18.140.030. WSR 91-04-074, §
				  308-125-020, 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 308-125-025 - Application process to register as a real estate appraiser trainee

Current through Register Vol. 24-14, July 15, 2024
(1) Anyone who is
			 not a licensed or certified appraiser or a registered appraiser trainee cannot
			 provide assistance that includes analytical work and exercising discernment or
			 discretion that leads to an appraisal conclusion.
(2) As a prerequisite to registration as a
			 registered appraiser trainee, the applicant shall present evidence satisfactory
			 to the director of successful completion within five years of the date of
			 application of the following appraiser qualifications board modules of
			 qualifying core curriculum of approved qualifying education:
(a) Basic appraisal principles, thirty
			 hours.
(b) Basic appraisal
			 procedures, thirty hours.
(c) The
			 National USPAP course or equivalent fifteen hours.
(d) A course that, at a minimum, complies
			 with the specifications for course content established by the appraiser
			 qualifications board that is oriented toward the expectations for the
			 applicant.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-030 - Examination prerequisite general classification

Current through Register Vol. 24-14, July 15, 2024
The general real estate appraiser classification applies to the
				appraisal of all types of real property.
(1) As a prerequisite to taking the
			 examination for certification as a state-certified general real estate
			 appraiser, an applicant shall present evidence satisfactory to the director
			 that he/she has successfully completed not less than 300 hours in the following
			 core modules:
(a) Basic appraisal principles,
			 30 hours.
(b) Basic appraisal
			 procedures, 30 hours.
(c) The
			 National USPAP course or equivalent, 15 hours.
(d) General appraiser market analysis and
			 highest and best use, 30 hours.
(e)
			 Statistics, modeling and finance, 15 hours.
(f) General appraiser sales comparison
			 approach, 30 hours.
(g) General
			 appraiser site valuation and cost approach, 30 hours.
(h) General appraiser income approach, 60
			 hours.
(i) General appraiser
			 report writing and case studies, 30 hours.
(j) Appraisal subject matter electives, 30
			 hours.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-040 - Examination prerequisite state-certified residential classification

Current through Register Vol. 24-14, July 15, 2024
The state-certified residential real estate appraiser
				classification applies to appraisals of all types of residential property of
				one to four units without regard to transaction value or complexity and
				nonresidential property having a transaction value less than $250,000.
(1) As a prerequisite to taking the
			 examination for certification as a state-certified residential real estate
			 appraiser, an applicant shall present evidence satisfactory to the director
			 that he/she has successfully completed not less than 200 hours in the following
			 core modules:
(a) Basic appraisal principles,
			 30 hours.
(b) Basic appraisal
			 procedures, 30 hours.
(c) The
			 National USPAP course or equivalent, 15 hours.
(d) Residential market analysis and highest
			 and best use, 15 hours.
(e)
			 Residential appraiser site valuation and cost approach, 15 hours.
(f) Residential sales comparison and income
			 approaches, 30 hours.
(g)
			 Residential appraiser report writing and case studies, 15 hours.
(h) Statistics, modeling and finance, 15
			 hours.
(i) Advanced residential
			 applications and case studies, 15 hours.
(j) Appraisal subject matter electives, 20
			 hours.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-045 - Examination prerequisite state-licensed classification

Current through Register Vol. 24-14, July 15, 2024
The state-licensed real estate appraiser classification applies
				to appraisal of noncomplex one to four residential units having a transaction
				value less than $1,000,000 and complex one to four residential units having a
				transaction value less than $400,000 and nonresidential property having a
				transaction value less than $250,000.
(1) As a prerequisite to taking the
			 examination for certification as a state-licensed real estate appraiser, an
			 applicant shall present evidence satisfactory to the director that he/she has
			 successfully completed not less than 150 hours in the following core modules:
(a) Basic appraisal principles, 30
			 hours.
(b) Basic appraisal
			 procedures, 30 hours.
(c) The
			 National USPAP course or equivalent, 15 hours.
(d) Residential market analysis and highest
			 and best use, 15 hours.
(e)
			 Residential appraiser site valuation and cost approach, 15 hours.
(f) Residential sales comparison and income
			 approaches, 30 hours.
(g)
			 Residential appraiser report writing and case studies, 15 hours.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-050 - Educational courses - Preexamination

Current through Register Vol. 24-14, July 15, 2024
(1) To be accepted under WAC
			 308-125-030(1),
			 308-125-040(1),
			 and 308-125-045(1),
			 courses must:
(a) Be a minimum of fifteen
			 classroom hours in length;
(b)
			 Include an examination;
(c) Be
			 directly related to real estate appraising; and
(d) Be approved by the director as identified
			 in the appraiser program's publication Approved Courses, Real Estate
			 Appraisers; or
(e) Be approved by
			 the appraiser qualifications board 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 308-125-070 - Experience requirements

Current through Register Vol. 24-14, July 15, 2024
(1) State
			 licensed applicants must accumulate 1,000 hours within a minimum of six months
			 and a maximum of seven years. Certified residential applicants must accumulate
			 1,500 hours within a minimum of one year (12 months) and a maximum of seven
			 years. Certified general applicants must accumulate 3,000 hours within a
			 minimum of 18 months and a maximum of seven years.
(2) Any work product claimed for experience
			 credit dated January 1, 1990, and later shall conform to the Uniform Standards
			 of Professional Appraisal Practice in effect at the time the appraisal is
			 completed.
(a) Reports shall be in
			 writing.
(b) An appraisal work file
			 must be available to the director to substantiate work performed.
(c) Appraisal experience must have been
			 performed as a licensed or certified appraiser or a registered trainee to
			 qualify. Appraisal experience accrued through a Practical Applications of Real
			 Estate Appraisal program is exempt from the requirements of this subsection
			 (2)(c) of this section.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-125 - Real estate appraisers › Section 308-125-075 - Allowed credits for appraisal experience

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall not grant to
			 state-licensed or state-certified appraisers and applicants experience credits
			 for appraisal experience that exceeds the following hourly allotments for each
			 appraisal:
(a)
Single family residential - exterior form
							 report
6 hours
(b)
Single family residential - form report
12 hours
(c)
Multifamily residential - form report
20 hours
(d)
Residential lot 1 acre or less
8 hours
(e)
Land tract less than or equal to 40 acres
16 hours
(f)
Short plats
20 hours
(g)
Land tract 41-160 acres
24 hours
(h)
Land tract 161-640+ acres
36 hours
(i)
Subdivisions
60 hours
(j)
Commercial/industrial land
25 hours
(k)
Commercial - form report
40 hours
(l)
Commercial - narrative report
80 hours
(m)
Regional mall/high rise office bldg./Hotel
120 hours
(n)
Appraisal review (single family) (not applicable to
							 trainees)
12 hours
(o)
Appraisal review (commercial) (not applicable to
							 trainees)
40 hours
(p)
Feasibility study
80 hours
(q)
Appraisal consulting (nonresidential)
40 hours
(r)
Agricultural
60 hours
(2)
			 The department shall not grant to state-licensed or state-certified appraisers
			 and applicants experience credits for Eminent Domain Appraisals that exceed the
			 following hourly allotments for each appraisal:
(a)
Vacant (single family lot)
24 hours
(b)
Vacant (large land tract)
32 hours
(c)
Single family residential
42 hours
(d)
Multifamily residential
60 hours
(e)
Agricultural (improved)
72 hours
(f)
Industrial (improved)
72 hours
(g)
Commercial (improved)
72 hours
(h)
Very complex damages or benefits
120 hours
(i)
Special purpose improved
54 hours
(3)
			 The department shall not grant to state-licensed or state-certified appraisers
			 and applicants experience credits for Eminent Domain Appraisal Reviews that
			 exceed the following hourly allotments for each appraisal:
(a)
Vacant (single family lot)
8 hours
(b)
Vacant (large land tract)
12 hours
(c)
Single family residential
16 hours
(d)
Multifamily residential
24 hours
(e)
Agricultural (improved)
40 hours
(f)
Industrial (improved)
40 hours
(g)
Commercial (improved)
40 hours
(h)
Very complex damages or benefits
50 hours
(i)
Special purpose improved
40 hours
(4)
			 Experience credits for appraisal experience not listed in subsections (1), (2),
			 or (3) shall be determined by the department on a case-by-case basis.
Statutory Authority:
				  RCW
				  18.140.030(1), (7), (8), and
				  (15). 06-06-069, § 308-125-075, filed
				  2/28/06, effective 4/1/06. Statutory Authority:
				  RCW
				  18.140.030(1). 97-02-004,
				  § 308-125-075, filed 12/20/96, effective 1/20/97; 94-15-058, §
				  308-125-075, filed 7/18/94, effective
				  8/18/94.