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AGO 1953 No. 91 - July 15, 1953
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Don Eastvold | 1953-1956 | Attorney General of Washington

REAL ESTATE BROKERS ‑- ASSOCIATE BROKERS AND SALESMEN ‑- LICENSE FEES ‑- TEMPORARY PERMITS ‑- TRANSFERS

(1) A real-estate broker or salesman whose license has been suspended by order of the director is entitled to have his license reinstated upon a lifting of the suspension without the payment of additional fees.

(2) A broker or salesman who has not paid his 1953 license fee prior to the effective date of the act increasing such fees must pay the new fee.

(3) A temporary license issued to a salesman need not be replaced by a temporary permit under the 1953 act.

(4) Applications for transfers of an associate broker's or salesman's license to a new broker not received in proper form and with the requisite fee prior to June 11, 1953, are governed by the higher fee schedule of the 1953 act

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                                                                    July 15, 1953

Honorable Della Urquhart
Director
Department of Licenses
Transportation Building
Olympia, Washington                                                                                                                Cite as:  AGO 53-55 No. 91

Attention:  !ttMr. J. P. Amundson,
            Assistant Director

Dear Mrs. Urquhart:

            We have your letter of June 12, 1953, in which you requested an opinion on several matters pertaining to real-estate brokers arising out of chapter 235, Laws of 1953, which amended chapter 18.85 RCW.  Under the amended act effective June 11, 1953, the annual license fee for real-estate brokers has been changed from $5.00 to $25.00.  The license fee for real-estate salesmen has advanced from $5.00 to $15.00 per year.  You have requested our opinion on the following problems:

             [[Orig. Op. Page 2]]

            (1) If a license was cancelled for any reason between the date of issuance and June 11, 1953, may the licensee reinstate his license by merely filing a new application, or must he remit the additional fee?

            (2) Will the real-estate broker or salesman who has not paid his 1953 license fee be required to pay the new fee?

            (3) The 1953 amendment requires that a satisfactory credit and character report must be submitted by the employing broker on a form supplied by the director before a temporary real-estate salesman's permit may be issued.  If a temporary salesman has filed an application and fee less than sixty days prior to June 13, 1953, he is eligible to take either the June examination on that date or the October examination.  If his application was accepted before June 11, 1953, and he elects to take the October examination, will it be necessary for him to file a character and credit report?

            (4) In the event that we are holding an application for transfer of a license pending receipt of additional fees and correct applications which was submitted prior to June 11, 1953, and the license is issued under the new act, will the applicant be required to pay a $1.00 fee as required by the old act, or must he remit a $5.00 fee as provided in the new act?

            Our conclusions may be summarized as follows:

            (1) If the license has been suspended by order of the director, a lifting of the suspension will reinstate the license without the payment of additional fees.  If his license has been revoked, his status with respect to payment of fees will be the same as that of an original applicant.

            (2) Yes.

            (3) No.

             [[Orig. Op. Page 3]]

            (4) A $5.00 fee will be required unless the application was received on or before June 11, 1953, in proper form.

                                                                     ANALYSIS

            (1) RCW 18.85.230,et seq., specifies the grounds and mechanics for the suspension or revocation of licenses.  If the director orders the suspension of a license, the orders will either state the duration of the period of suspension or a condition which must be met before the license will be reinstated.  In neither case does an order of suspension contemplate the payment of additional fees.  A revocation of a license, however, renders it null and void.  A licensee whose license has been revoked and who seeks to have it reinstated, is in the same position as an original applicant and governed by the statutes in force at the time of his new application insofar as fees are concerned.

            (2) The effective date of the 1953 act which provides for increased license fees was June 11, 1953.  In effect, the new act gave the licensees an option to renew their 1953 licenses at the more reasonable previous rate.  This option to renew had to be exercised before the effective date of the new act.

            (3) A previous opinion of this office, dated June 4, 1953, concluded that temporary licenses issued to real-estate salesmen pursuant to RCW 18.85.150, pending examination need not be replaced by a temporary permit under the 1953 act.  We adhere to the conclusion therein contained.  It follows that credit and character reports are not required of those real estate salesmen holding valid temporary licenses.

            (4) RCW 18.85.320 was amended by section 14, chapter 235, Laws of 1953, to raise the fee for the transfer of a real estate salesman's or associate real estate broker's license from one broker to another from $1.00 to $5.00.

            It is our conclusion that unless the application for transfer was received on or before June 11, 1953, in proper form with the requisite fees, that the new fee schedule is applicable.

Very truly yours,

DON EASTVOLD
Attorney General

ANDY ENGEBRETSEN
Assistant Attorney General

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