PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR [01-08-096].
Title of Rule: Grounds for denial or withdrawal of course approval.
Purpose: Add a new subsection to the rule which will allow for the withdrawal of course approvals granted by the mistake or inadvertence of the director.
Statutory Authority for Adoption: RCW 18.85.040(1).
Summary: The existing rule does not allow for withdrawal of course approval when that approval was granted through the mistake or inadvertence of the director or the director's representatives. Courses mistakenly approved may offer misinformation to real estate licensees.
Reasons Supporting Proposal: Course approval may not be withdrawn without due process rights. This rule change allows a basis for issuing a notice to withdraw approval based on the mistake or inadvertence of the director.
Name of Agency Personnel Responsible for Drafting: Jana L. Jones, Department of Licensing, Black Lake Complex, P.O. Box 2445, Olympia, WA, (360) 664-6524; and Enforcement: Department of Licensing, Real Estate, Black Lake Complex, P.O. Box 2445, Olympia, WA 98507, (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: The current rule does not allow for withdrawal of course approval based on the mistake or inadvertence of the director. Courses approved by mistake offer incorrect information to real estate licensees or are not course[s] which qualify under WAC 308-124H-025. Providers of courses have due process rights under WAC 308-124H-061 and 308-124H-062. The change proposed to WAC 308-124H-061 will allow the department to serve notice of intent to withdraw [a] course which was granted by mistake or inadvertence of the director.
Proposal Changes the Following Existing Rules: This proposal expands the reasons for withdrawing course approval.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Department of Licensing, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on December 28, 2001, at 9:00 a.m. - 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-5334.1
AMENDATORY SECTION(Amending WSR 00-08-035, filed 3/29/00,
effective 7/1/00)
WAC 308-124H-061
Grounds for denial or withdrawal of course
approval.
Course approval may be denied or withdrawn if the
instructor or any owner, administrator or affiliated
representative of a school, or a course provider or developer:
(1) Submits a false or incomplete course application or any other information required to be submitted to the department;
(2) Includes in its title the phrase "real estate fundamentals," "real estate brokerage management," "real estate law," "business management," and "real estate practice" if the course was not submitted for approval of clock hours pursuant to WAC 308-124H-012;
(3) If the title of the course misleads the public and/or licensees as to the subject matter of the course;
(4) If course materials are not updated within thirty days of the effective date of a change in the statute or rules;
(5) If course content or material changes are not submitted to the department for approval prior to the date of using the changed course content;
(6) Failed to meet the requirements under WAC 308-124H-025;
(7) If a course or prescribed core curriculum was approved through the mistake or inadvertence of the director;
(8) If course approval was granted through the mistake or inadvertence of the director.
[Statutory Authority: RCW 18.85.040 and The Governor's Order on Regulatory Improvement 97-02. 00-08-035, 308-124H-061, filed 3/29/00, effective 7/1/00. Statutory Authority: RCW 18.85.040 and SB 6284. 95-03-012, 308-124H-061, filed 1/5/95, effective 2/5/95. Statutory Authority: RCW 18.85.040. 90-10-010, 308-124H-061, filed 4/20/90, effective 8/1/90.]
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 denial, disapproval or withdrawal of course approval.
Any person aggrieved by a final decision of the director or authorized representative 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 The Governor's Order on Regulatory Improvement 97-02. 00-08-035, 308-124H-062, filed 3/29/00, effective 7/1/00. Statutory Authority: RCW 18.85.040. 90-10-010, 308-124H-062, filed 4/20/90, effective 8/1/90.]