PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR [01-08-095].
Title of Rule: Removing reference to a Spokane Department of Licensing location from WAC 308-124B-150 Office requirement for brokers actively licensed in another jurisdiction. The Spokane office was [closed] permanently in December of 2000.
Purpose: Remove reference to a Spokane Department of Licensing office which no longer exists.
Statutory Authority for Adoption: RCW 18.85.040(1).
Summary: The current WAC 308-124B-150 refers to a Spokane Department of Licensing office. This office was closed permanently in December of 2000.
Reasons Supporting Proposal: Reference to Spokane office is misleading to the public.
Name of Agency Personnel Responsible for Drafting and Implementation: Jana L. Jones, Department of Licensing, Black Lake Complex, P.O. Box 2445, Olympia, WA 98507, (360) 664-6524; and Enforcement: Department of Licensing, Real Estate, Black Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524.
Name of Proponent: Department of Licensing, Real Estate Program, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Remove reference to the Spokane Department of Licensing office which was permanently closed in December of 2000. Will eliminate a misleading reference to an office that does not exist.
Proposal does not change existing rules. It only removes the name of an office no longer in existence. The rule substance and requirements remain unchanged.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business impact. The change is simply a correction in the rule to reflect reality.
RCW 34.05.328 applies to this rule adoption. The rule amended by this change falls under the regulatory enforcement the real estate profession by the Department of Licensing.
Hearing Location: Department of Licensing, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on December 28, 2001, at 9:00 a.m. to 11:00 a.m.
Assistance for Persons with Disabilities: Contact Jana Jones by December 21, 2001, TDD (360) 753-1966, or (360) 664-6524.
Submit Written Comments to: Jana L. Jones, Assistant Administrator, Real Estate Program, P.O. Box 2445, Olympia, WA 98507-2445, fax (360) 586-0998, by December 21, 2001.
Date of Intended Adoption: December 28, 2001.
November 7, 2001
Alan E. Rathbun
Assistant Director
Business and Professions Division
OTS-5329.1
AMENDATORY SECTION(Amending WSR 99-03-042, filed 1/14/99,
effective 2/14/99)
WAC 308-124B-150
Office requirement for brokers actively
licensed in another jurisdiction.
The term "office" in RCW 18.85.180 for a broker actively licensed in another jurisdiction
in which the broker's headquarter office is located shall mean
the Washington location where trust account and transaction
records are maintained. Such records are required to be
maintained for three years. The trust account and transaction
records shall be open and accessible to representatives of the
department of licensing. The parties to the transaction shall
have access to the transaction records prepared or retained for
the requesting party.
A broker actively licensed in another jurisdiction seeking licensure in Washington, whose headquarter office is located in that other jurisdiction, shall notify the department of the location address where the records are maintained in the state of Washington and shall include this address with the headquarter's address on the license application.
The Washington license shall be posted at the location where the records are being maintained.
Within thirty days after mailing of the notice of audit, the
broker shall come to the department's office, after making an
appointment, in the geographic location (((Spokane,))
Seattle((,)) or Olympia) nearest to the location of the records
to sign the audit report.
[Statutory Authority: RCW 18.85.040 and the Governor's Executive Order on Regulatory Improvement 97-02. 99-03-042, 308-124B-150, filed 1/14/99, effective 2/14/99. Statutory Authority: RCW 18.85.040. 88-06-039 (Order PM 711), 308-124B-150, filed 3/1/88.]