WSR 01-23-006

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 7, 2001, 2:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR [01-17-058].

Title of Rule: Real estate license fee and license renewal fee increase.

Purpose: To increase real estate license fees and renewal fees to meet the real estate regulatory program budget demands.

Other Identifying Information: Will amend WAC 308-124A-460.

Statutory Authority for Adoption: RCW 18.85.040(1), 43.24.086.

Summary: The proposed amended rule would raise real estate license fees for first license and for all real estate license renewals, including inactive license renewal fees.

Reasons Supporting Proposal: RCW 43.24.086 requires that regulatory programs raise enough revenue to be self-supporting. Pursuant to RCW 43.135.055, during the 2001-03 fiscal biennium, the department may increase fees in excess of the fiscal growth factor if the increases are necessary to fully fund the costs of the licensing programs.

Name of Agency Personnel Responsible for Drafting: Syd Beckett, 2000 4th Street, Olympia, WA 98507; Implementation and Enforcement: Department of Licensing, Real Estate Program, 2000 4th Street, Olympia, WA 98507.

Name of Proponent: Washington State Real Estate Commission and the Washington State Department of Licensing, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: As drafted and submitted to the code reviser.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: RCW 43.24.086 requires that the self regulatory real estate licensing program shall set fees at levels sufficient to fully cover the cost of administering the licensing program, including any costs associated with policy enhancements funded in the 2001-03 fiscal biennium. Pursuant to RCW 43.135.055, during the 2001-03 fiscal biennium, the department may increase fees in excess of the fiscal growth factor if the increases are necessary to fully fund the costs of the licensing programs.

Proposal Changes the Following Existing Rules: The proposed rule change will increase real estate broker and salesperson new and two year renewal license fees by $30.00.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business impact from the resulting proposed rule change.

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-5328.1


AMENDATORY SECTION(Amending WSR 99-03-042, filed 1/14/99, effective 7/1/99)

WAC 308-124A-460   Real estate brokers and salespersons and land development representative fees.   These fees are applicable to all original licenses, examination services, and fee generating services issued or performed after ((June 30, 1999)) April 30, 2002, and all renewals for existing licenses with expiration date after ((June 30, 1999)) April 30, 2002. The following fees for a two-year period shall be charged by professional licensing services of the department of licensing:

Title of Fee Fee
Real estate broker:
Application/examination $138.25
Reexamination 138.25
Original license ((170.00)) 200.00
License renewal ((170.00)) 200.00
Late renewal with penalty ((196.50)) 226.50
Duplicate license 26.50
Certification 26.50
Name or address change, transfer or license activation

26.50

Real estate broker - Branch office:
Original license (($159.50)) $189.50
License renewal ((159.50)) 189.50
Late renewal with penalty ((186.00)) 216.00
Duplicate license 26.50
Name or address change 26.50
Real estate salesperson:
Application/examination $138.25
Reexamination 138.25
Original license ((106.25)) 136.25
License renewal ((106.25)) 136.25
Late renewal with penalty ((132.75)) 162.75
Duplicate license 26.50
Certification 26.50
Name or address change, transfer or license activation

26.50

The following fee shall be charged annually for land development representatives:
Land development representative:

Registration

26.50

[Statutory Authority: RCW 18.85.040 and the Governor's Executive Order on Regulatory Improvement 97-02. 99-03-042, 308-124A-460, filed 1/14/99, effective 7/1/99. Statutory Authority: RCW 18.85.040. 93-24-096, 308-124A-460, filed 11/30/93, effective 1/1/94; 90-23-039, 308-124A-460, filed 11/15/90, effective 12/16/90. Statutory Authority: RCW 18.85.220 and 43.24.086. 90-02-048, 308-124A-460, filed 12/29/89, effective 1/29/90. Statutory Authority: RCW 18.85.040. 89-08-009 (Order PM 829), 308-124A-460, filed 3/24/89. Statutory Authority: RCW 18.85.040, 18.85.140 and 18.85.190. 87-17-051 (Order PM 673), 308-124A-460, filed 8/18/87, effective 10/1/87.]

Washington State Code Reviser's Office