WSR 03-16-112

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 6, 2003, 11:36 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 00-15-013.

     Title of Rule: Chapter 196-09 WAC, Board practices and procedures, describes rules for administrative procedures and adjudicative proceedings held by the board.

     Purpose: Amendments to chapter 196-09 WAC provide guidance to licensed engineers, land surveyors and on-site wastewater treatment system designers on requirements and process for adjudicative proceedings and the business procedures of the board. It also reorganizes and clarifies existing rules in accordance with the governor's directive for rule review.

     Statutory Authority for Adoption: Chapters 18.43 and 18.235 RCW.

     Statute Being Implemented: Chapters 18.43 and 18.235 RCW.

     Summary: The new sections of rule describe the process and under what circumstances brief adjudicative proceedings will be conducted by the board. It also describes under what circumstances the board could consider recovery of investigative costs under chapter 18.235 RCW. Other sections are housekeeping and reorganization for ease of public use and reference as part of the overall review of all existing board rules.

     Reasons Supporting Proposal: The new sections of rule allow the board to implement those sections of the Uniform Regulation of Business and Professions Act, codified as chapter 18.235 RCW regarding the conduct of brief adjudicative proceedings and the reimbursement of investigative costs.

     Name of Agency Personnel Responsible for Drafting: Joe Vincent Jr., 405 Black Lake Boulevard, Olympia, WA, (360) 664-1567; Implementation and Enforcement: George A. Twiss, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1565.

     Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Proposed WAC 196-09-055 and 196-09-060 provide direction to licensees on the conduct and procedure of brief adjudicative proceedings, providing for the process of appeal of certain board actions in accordance with chapters 34.05, 18.43 and 18.235 RCW.

     WAC 196-09-100 outlines under what circumstances the board may pursue reimbursement of investigative costs as provided for in RCW 18.235.110(2).

     WAC 196-09-110 clarifies the requirement for licensees to cooperate with board investigations.

     Proposal Changes the Following Existing Rules: WAC 196-09-050 and 196-09-120 were previously contained in chapter 196-24 WAC and are placed into chapter 196-09 WAC as part of the overall reorganization of the board's rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect individual licensees and do not create expense for businesses of any size and therefore do not disproportionately affect small businesses.

     Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Neither the Department of Licensing nor the Board of Registration are one of the named agencies in this statute.

     Hearing Location: LaQuinta Inn, 1425 East 27th Street, Tacoma, WA 98421, on September 9, 2003, at 7:00.

     Assistance for Persons with Disabilities: Contact Kim Chipman by September 5, 2003, TDD (360) 586-2788 or (360) 664-1564.

     Submit Written Comments to: Joe Vincent Jr., Manager, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, fax (360) 664-2551, by October 1, 2003.

     Date of Intended Adoption: November 6, 2003.

July 31, 2003

George A. Twiss

Executive Director

OTS-6540.2

Chapter 196-09 WAC

BOARD PRACTICES AND PROCEDURES


AMENDATORY SECTION(Amending WSR 98-12-045, filed 5/29/98, effective 7/1/98)

WAC 196-09-010   Declaration of purpose.   This chapter contains rules and administrative procedures for ((all adjudicative)) proceedings held by the board in executing its responsibilities under chapter 18.43 RCW. ((This chapter replaces all rules previously codified in chapter 196-08 WAC.))

[Statutory Authority: RCW 18.43.035. 98-12-045, § 196-09-010, filed 5/29/98, effective 7/1/98.]


NEW SECTION
WAC 196-09-050   Brief adjudicative proceedings.   The board will conduct brief adjudicative proceedings as provided for in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act. Such proceedings may be held at the request of the applicant/registrant/board (petitioner) for the following purposes:

     (1) To appeal a determination that an applicant for certification as an engineer-in-training or land surveyor-in-training does not meet the minimum certification requirements as provided in chapter 18.43 RCW and/or chapters 196-20 and 196-21 WAC; or

     (2) To appeal a determination that a professional engineer or professional land surveyor applicant does not meet the minimum licensing requirements as provided in chapter 18.43 RCW and/or chapter 196-12 WAC (PE) and chapter 196-16 WAC (PLS); or

     (3) To determine whether a licensee requesting renewal or reinstatement has submitted all required information and has met the minimum criteria for renewal or restatement; or

     (4) To determine whether an individual, named in default of student loan payments under RCW 18.43.160, holds a certification or license issued under chapter 18.43 RCW.

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NEW SECTION
WAC 196-09-055   Records required for brief adjudicative proceeding.   The records for the brief adjudicative proceeding shall include:

     (1) Applicants for certification/licensing: Original complete application with all attachments required by the board; all documents relied upon in reaching the determination of ineligibility; and all correspondence between the applicant and the board about the application or the appeal.

     (2) License renewal or reinstatement: Copy(ies) of original renewal notice(s) sent by the department of licensing to the licensee; all documents received by the board from or on behalf of the licensee relating to information, payments or explanations that have been provided to the board.

     (3) Default of student loan payments: Copy(ies) of notice(s) to the board showing the name and other identification information of the individual claimed to be in default on student loan payments; copies of identification information corresponding to the person(s) who is (are) certified/licensed by the board that relate to the identity of the individual in default; and all documents received by the board from or on behalf of the licensee relating to rebutting such identification.

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NEW SECTION
WAC 196-09-060   Procedures for brief adjudicative proceedings.   A brief adjudicative proceeding shall be held under the supervision of a presiding officer as designated by the board chair. The presiding officer shall have knowledge and experience in the administrative processes of the board and the requirements of the provisions for a brief adjudicative proceeding as provided for in chapter 34.05 RCW and WAC 196-09-050 through 196-09-060, but shall not have participated in the determination or action under review. Except as may be otherwise required by the presiding officer, the following procedures shall apply:

     (1) The petitioner shall present petitioner's position in writing in accordance with the process and schedule established by the presiding officer.

     (2) The presiding officer may accept oral testimony and/or argument.

     (3) No witnesses may appear to testify.

     (4) In addition to the written record, the presiding officer may employ agency expertise as a basis for the decision.

     (5) The presiding officer will not issue an oral order at the time of the brief adjudicative proceeding. Within ten days of the final date established by the presiding officer for receipt of additional materials and/or oral arguments, if any, the presiding officer will enter a written initial order.

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NEW SECTION
WAC 196-09-100   Investigative cost reimbursement.   The reimbursement of investigative costs may be ordered by the board if the adjudicative process has resulted in a finding by the board that identifies conduct which is considered misconduct or malpractice and has resulted in the suspension or revocation of the license to practice. Costs subject to reimbursement are those expenses paid by the board during the investigation process, such as expert or consultant witness contracts.

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NEW SECTION
WAC 196-09-110   Cooperation with board investigation.   In the course of an investigation and request by the board under its authority in chapter 18.43 RCW, a licensee or registrant must provide any papers, records, or documents in their possession or accessible to them that pertain to the allegations in a complaint or investigation, and a written explanation addressing such complaint/investigation or other information requested by the board. A facility related to a complaint or investigation shall be made accessible by the licensee during regular business hours.

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NEW SECTION
WAC 196-09-120   Meetings and officers.   The Washington state board of registration for professional engineers and land surveyors shall hold its regular public meeting annually in June. Special public meetings may be held at such times and places as the board may deem necessary. Public notice of all public meetings shall be issued as required by the Open Public Meetings Act, chapter 42.30 RCW.

     At the regular annual meeting the board shall elect a chair and vice-chair to hold office for one year commencing July 9. The executive director of the board shall serve as secretary. A vacancy in any office shall be filled for the remainder of the term by special election at the next special public meeting.

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