(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
(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
(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
(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.]