WSR 16-05-064 PERMANENT RULES DEPARTMENT OF LICENSING [Filed February 12, 2016, 1:31 p.m., effective March 14, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department will be using an outside vendor for taking and processing fingerprints for background checks. The rule change describes the licensee's responsibilities for providing fingerprints for background checks.
Citation of Existing Rules Affected by this Order: Amending WAC 308-124A-700, 308-124A-727, and 308-124A-775.
Statutory Authority for Adoption: RCW 18.85.171.
Other Authority: RCW 18.85.041.
Adopted under notice filed as WSR 16-01-086 on December 15, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: February 12, 2016.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124A-700 Application for a license—Fingerprinting.
(1) New applicants applying for their first broker's license under chapter 18.85 RCW will be required to submit to a fingerprint ((card)) background check with the department's authorized vendor.
(2) Applicants applying for their first managing broker's license using alternative qualifications will be required to submit to a fingerprint ((card)) background check with the department's authorized vendor.
(3) Fingerprint ((cards and)) background checks are required for every active renewal every six years. If the department background check was within the last six years, then no new background check is required to activate a license.
(4) An application submitted without the required fingerprint ((card)) background check is considered incomplete.
(5) ((When a fingerprint card is rejected, the licensee or applicant must submit to the department a new fingerprint card within twenty-one calendar days of written notice to the address of record with the real estate program. Failure to submit a new fingerprint card will result in a suspension of the real estate license until the fingerprint card is received by the department.
(6) If the fingerprint card is rejected, the applicant must pay a new fee for fingerprinting and background processing.)) When fingerprints are rejected, the department will contact the licensee or applicant via the e-mail address on file with the department. The licensee or applicant must follow the authorized vendor's procedures for resubmitting fingerprints within twenty-one calendar days of the date the department sends the e-mail. Failure to follow the vendor's fingerprint procedures within twenty-one days will result in a suspension of the real estate license until the vendor's fingerprint procedures are followed. The licensee or applicant will be responsible for any additional fees due.
AMENDATORY SECTION (Amending WSR 10-06-078, filed 3/1/10, effective 7/1/10)
WAC 308-124A-727 Application as broker license for interim period.
Applicants for a broker's license may commence working on or after the postmark date of delivery to the department((, or on or after the date of hand delivery to the real estate program,)) of the following:
(1) Notice of passing the examination;
(2) License application form;
(3) ((Fingerprint card)) Verification that the department's authorized vendor fingerprint process was followed; and
(4) License ((and fingerprint)) fees.
The completed license application form shall serve as an interim license for a period up to forty-five days unless grounds exist to take disciplinary action against the license under RCW 18.235.130 and 18.85.361.
AMENDATORY SECTION (Amending WSR 10-15-055, filed 7/15/10, effective 8/15/10)
WAC 308-124A-775 Real estate fees.
These fees are applicable to all original licenses, examination services, and fee generating services issued or performed after July 1, 2010, and all renewals for existing licenses with expiration date after July 1, 2010. The fees for an original license and renewal include a ten dollar fee which is assessed for the real estate research center for the real estate broker and the real estate managing broker licenses. The following fees shall be charged by the department of licensing:
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