WSR 04-19-071

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 16, 2004, 11:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-04-080, 03-23-003, or 04-04-050.

Title of Rule and Other Identifying Information: Amends WAC 308-15-010, 308-15-020, 308-15-030, 308-15-040, 308-15-050, 308-15-060, 308-15-070, 308-15-075, 308-15-080, 308-15-100, 308-15-101, 308-15-103, 308-15-140 and 308-15-150; add new sections WAC 308-15-053 What are the specialty licenses?, 308-15-055 What are the minimum requirements to be eligible for the engineering geologist specialty license?, and 308-15-057 What are the minimum requirements to be eligible for a hydrogeologist specialty license; and repeal WAC 308-15-090 What are the specialty licensed, qualifications and processes for licensure? and 308-15-102 What records are required for a brief adjudicative proceeding (BAP)?

Hearing Location(s): Department of Licensing, 405 Black Lake Boulevard, Room 209, Olympia, WA 98502, on October 27, 2004, at 1:00 p.m.

Date of Intended Adoption: October 27, 2004.

Submit Written Comments to: Rick Notestine, P.O. Box 9045, Olympia, WA, e-mail rnotestine@dol.wa.gov, fax (360) 664-2551, by October 15, 2004.

Assistance for Persons with Disabilities: Contact Joan Robinson by October 15, 2004, TTY (360) 664-8885 or (360) 664-1387.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 308-15 WAC has not been modified since originally adopted in 2001.

Delete language no longer applicable; clarify existing language; add new sections to describe the specialty licenses (engineering geologist and hydrogeologist); and the requirements to apply for those licenses.

Anticipated effects will be to make the language consistent with the existing law since the grandfathering capability is now closed and to clarify the rule language for the applicant, registrants and the public.

Statutory Authority for Adoption: RCW 18.220.040 Directors authority.

Statute Being Implemented: Chapter 18.220 RCW.

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

Name of Proponent: Geologist Licensing Board, Department of Licensing, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Joan Robinson, Olympia, Washington, (360) 664-1387; and Enforcement: Rick Notestine, Olympia, Washington, (360) 664-1386.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The Geologist Licensing Board does not regulate businesses only individuals.

A cost-benefit analysis is not required under RCW 34.05.328. This section of regulations is not a "significant legislative rule" as defined by RCW 34.05.328 (5)(c)(iii) and is exempt under the provisions of RCW 34.05.328 (5)(b)(vi).

September 16, 2004

Rick Notestine

Administrator

OTS-7517.2


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-010   State board of licensing.   (1) Meetings: The Washington state geologist licensing board, hereafter called the board, will hold ((its)) quarterly regular public meetings ((annually in March)) each year. Special public meetings may be held at such times and places as the board ((may)) finds necessary. Public notice of all public meetings will be issued as required by the Open Public Meetings Act, chapter 42.30 RCW.

(2) Rules of order: The latest edition of Robert's Rules of Order will govern the conduct of business at meetings and sessions of the board.

(3) Officers: The board will elect a chair, a vice-chair and a secretary((. Beginning with the March 2002 meeting, the board will elect officers for the ensuing year)) at its regular ((annual)) quarterly meeting in March.

(4) Quorum: A quorum at any regular or special meeting or session will consist of four members of the board.

(5) Licensed geologists: The board will maintain a roster of licensed geologists.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-010, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-020   Definitions.   (1) "Board" means the Washington state geologist licensing board.

(2) "Department" means the Washington state department of licensing.

(3) "Geologic interpretation," as applied to the practice of geology and its specialties, is the iterative process by which geologists, using generally accepted geologic principles, determine geologic history, origin and process from observation and testing of rock, soil and water characteristics, contents, distribution, orientation, lateral and vertical continuity; and resulting landforms.

(4) "Geological work of a character satisfactory to the board" means that the applicant's qualifying work history consists of professional experience in the practice of geology. Professional geological work is work performed at a professional level that requires the application of professional knowledge, principles and methods to geological problems through the exercise of individual initiative and judgment in investigating, measuring, interpreting and reporting on the physical phenomena of the earth. Implicit in this definition ((is)) are the recognition of professional responsibility and integrity and the acknowledgment of minimal supervision. Professional geological work specifically does not include routine activities by themselves such as drafting, sampling, sample preparation, routine laboratory work, or core logging, where the elements of initiative, scientific judgment and decision making are lacking, nor does it include activities which do not use scientific methods to process and interpret geologic data. It also does not include engineering or other physical sciences where geological investigation, analysis and interpretation are minimal or lacking. Professional specialty experience is considered to meet this definition.

(((2))) (5) "Geologist website" means the internet website maintained by the department of licensing.

(6) "National Association of State Boards of Geology" or "ASBOG" means the organization responsible for developing, publishing and grading National Geologist Licensing Examinations.

(7) "Professional specialty practice of a character satisfactory to the board" means that the applicant has qualifying work history pertinent to the specialty that meets the standards for professional geologic work defined above. Elements, typical applications, types of projects, ((and required knowledge, skills and abilities)) for the engineering geologist and hydrogeologist specialties are outlined in WAC ((308-15-090)) 308-15-053.

(((3))) (8) "Reciprocity" means the issuance of a license without examination as a geologist or specialty geologist to a person who holds a license or certificate of qualifications issued by proper authority of any state, territory, or possession of the United States, District of Columbia, or any foreign country, if the applicant meets the requirements outlined in WAC 308-15-040 for a geologist license, in WAC 308-15-055 for an engineering geologist license, and in WAC 308-15-057 for a hydrogeologist license.

(9) "Year of professional practice" means at least 1600 hours of work in the practice during a year. Examples of a "year of professional practice" include 200 eight-hour days or 160 ten-hour days during a year. Part-time work will be counted on a prorated basis.

(((4))) (10) "Year of professional specialty practice"means at least 1600 hours of work in a specialty during a calendar year, per examples given in subsection (((3))) (9) of this section.

(((5) "Geologic interpretation," as applied to the practice of geology and its specialties, is the iterative process by which geologists, using generally accepted geologic principles, determine geologic history, origin and process from observation and testing of rock, soil and water characteristics, contents, distribution, orientation, lateral and vertical continuity; and resulting landforms.

(6) "Geologic mapping" is the process by which geologic observations, data and interpretations are gathered, located and portrayed, such as in plan view and on cross-sections. Information and data are gathered in a format on geologic maps and cross-sections, at a level of detail and at a frequency of data points appropriate for the application and the scale of the portrayal.

(7) "Grandparenting" means the issuance of a license as a geologist, engineering geologist, or hydrogeologist within one year after July 1, 2001, or for licensing in a new specialty within one year of recognition of the specialty by the board, without further written examination, if the applicant meets the requirements outlined in WAC 308-15-040 and, for a specialty, WAC 308-15-090.

(8) "Reciprocity" means the issuance of a license without examination as a geologist or specialty geologist to a person who holds a license or certificate of qualifications issued by proper authority of any state, territory, or possession of the United States, District of Columbia, or any foreign country, if the applicant meets the requirements outlined in WAC 308-15-040 and, for a specialty, WAC 308-15-090.))

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-020, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-030   How do I apply for a geologist license?   (1) ((Contact the board to obtain the application forms and instructions.

(2))) Review the available options for licensure:

(a) Examination in WAC 308-15-050; and

(b) Reciprocity in WAC 308-15-060((; and

(c) Grandparenting in WAC 308-15-020(7))).

((If you are applying for licensure by examination, your application must be received by the date specified in the application instructions.

(3) Solicit references and transcripts in the format and on the forms as specified in the application instructions.

(4) Send your application forms to the address noted on the form, along with applicable fees, references and transcripts.)) (2) Complete and submit your application according to the directions in the geologist application packet, which is available on the geologist website and upon request from the board office.

(3) Verify you meet minimum educational requirements by having your official sealed transcripts sent directly to the board office from your college or university. Transcripts from schools outside the United States or Canada must be evaluated by a board-approved evaluation service. The evaluation service must send the original evaluation and a copy of the transcripts directly to the board office.

(4) Solicit personal references and verifications of experience in the format and on the forms specified in the application instructions. Verifications must be sent to the board directly from the originating source.

(5) If applying for a license by reciprocity, solicit verification of your current license or certification and your examination scores on the form provided in the application packet. Verification must be sent directly to the board from the issuing jurisdiction.

(6) If applying for a specialty license, submit a project list on the forms provided in the application packet to show you meet the minimum requirements of professional specialty practice of a character satisfactory to the board.

(7) If requested by the board, submit one or more reports you contributed to or solely prepared.

(8) If applying for a license by examination, your complete application, as described in subsection (9) of this section, must be received by the board at least sixty calendar days before the date of the examination.

(9) An application is not complete and will not be considered until all of the following are received by the board:

(a) Application, signed and dated, and without omissions;

(b) Application fee and, if applying by examination, the examination fee specified in WAC 308-15-150;

(c) Transcripts sent directly from the colleges or universities;

(d) Personal references sent directly from the originators;

(e) Verification of experience sent directly from the verifiers;

(f) If applying by reciprocity, verification of exam scores and license or certification in another jurisdiction;

(g) If applying for a specialty license, project list; and

(h) Other documentation requested by the board.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-030, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-040   What are the minimum requirements to be eligible for a geologist ((or specialty)) license?   You are eligible for ((licensure as a professional geologist or specialist if you meet the following minimum requirements)) a geologist license if you submit a complete application according to WAC 308-15-030, demonstrating:

(1) Personal references. You are of good moral character, as attested to by two references.

(2) Education. You have graduated from an accredited college or university with:

(a) A degree in geology, engineering geology, hydrogeology ((or one of the related geological sciences, or educational equivalents, and completed a minimum of 30 semester/45 quarter hours or their equivalent of course work in geological science. This includes classes in physical geology, historical geology, structural geology, mineralogy/petrology and sedimentary geology/stratigraphy. If you do not meet these requirements, you must demonstrate to the board that you have completed educational equivalents. You must document your college or university educational experience by submitting official sealed transcripts to the board)) with at least twenty-four semester/thirty-six quarter hours of upper division geology courses; or

(b) A degree in a related geological science approved by the board, and have either:

(i) Successfully completed classes in structural geology, mineralogy, petrology and sedimentary geology/stratigraphy. Twenty-four semester/thirty-six quarter hours must be upper division geology courses; or

(ii) Successfully completed coursework that is determined by the board to be educationally equivalent in content and rigor to the classes listed above. You must submit documentation that demonstrates your coursework is equivalent to the requirements in (b)(i) of this subsection acceptable to the board. Examples of documentation include course syllabi, copies of study materials, and the tables of contents of books used in the course.

(3) Experience. You have at least five years of professional geological ((or specialty practice or, if applying for a specialty, five years of specialty practice)) experience satisfactory to the board((, after receipt of a bachelor's degree. The following education and experience criteria qualify toward accumulation of the required years of professional work:

(a) You will receive up to two years' credit, one year for each year of full time graduate study in geology, engineering geology, hydrogeology or one of the related geological sciences, as documented in the transcripts provided;

(b) You must have at least three years of geological experience under the supervision of state-licensed geologists or specialty geologists or others who, in the opinion of the board, are qualified to have responsible charge as provided by the information supplied on forms provided by the board.

(i) Your geological experience may include geological research or teaching at the university or college level which, in the judgment of the board, is comparable to experience obtained in the practice of geology or a specialty.

(ii) If requested by the board, you may be required to submit one or more reports which were prepared by you or where you contributed to their preparation.

(c) If you are applying under the grandparenting provisions in this chapter, you may comply with this requirement by providing documentation of geological experience where you were the person in responsible charge and meet the requirements in (b) of this subsection.

(4) You must have passed a geologist examination and, if applying for a specialty, a specialty examination, unless you are eligible for licensure by grandparenting. All examinations must be adopted by or)) after completing the educational requirements in subsection (2) of this section. Experience earned prior to meeting the minimum educational requirements will not be considered. At least three years of geological experience must be obtained under the supervision of state-licensed geologists or others who, in the opinion of the board, are qualified to have responsible charge. The following may be considered qualifying experience:

(a) Geological research or teaching at the university or college level, which, in the judgment of the board, is comparable to experience obtained in the practice of geology; and

(b) Up to two years' credit for full-time graduate study in geology, engineering geology, hydrogeology or one of the related geological sciences approved by the board.

(4) Examination. You have passed the ASBOG examination according to WAC 308-15-050, or another examination acceptable to the board.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-040, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-050   What is the examination process to be licensed as a geologist?   (((1) Beginning July 1, 2002, you will be required to take and pass an examination to become a licensed geologist in the state of Washington.

(2) The board has adopted the national Association of State Boards of Geology (ASBOG) standardized examination. You will be notified of the date and time of the examination when you receive your application packet.

(a) Nature of the examination: Information on the examination is available on the ASBOG website. The examination currently consists of two parts: Fundamentals of Geology (FG) and Practice of Geology (PG). Each part of the examination is four hours long.

(b) Testing location and date: The location and testing date will be posted on the department of licensing's geologist website. The examination is administered every March and September.

(c) Applying for the examination: To apply for the examination, you must submit the following to the board:

(i) Completed state geologist licensing application form; (ii) Professional and personal references required to document five years of professional experience; and

(iii) Official sealed transcripts.

(3))) You must take and pass the ASBOG examination. The examination currently consists of two parts: Fundamentals of Geology and Practice of Geology. Each part of the examination is four hours long. Information on the examination is available on the ASBOG website.

(1) Applying for the examination: You may either:

(a) Apply to take the Fundamentals of Geology exam after you meet the minimum educational requirements for licensure, and the Practice of Geology exam after you meet the experience requirements outlined in WAC 308-15-040.

(i) To apply to take the Fundamentals of Geology exam, you must provide the board with an application; a certified copy of your transcripts, sent directly from your college or university; and the application and examination fees listed in WAC 308-15-150. You do not need to submit employment and experience verification forms or personal references.

(ii) After you meet the minimum experience requirements, you may apply for the Practice of Geology examination by submitting the remaining application documents and applicable examination fee; or

(b) Apply to take both parts of the ASBOG examination after you meet all other licensure requirements outlined in WAC 308-15-040 by submitting a completed license application packet and applicable examination and license fees.

(2) Fees: You must ((send in your examination and application)) submit the applicable fees with your application. ((The application must be received by the date specified in the application instructions.)) If you do not ((meet the requirements for licensing)) qualify to take the examination, only your examination fee((s)) will be refunded. Fees are listed in WAC 308-15-150.

(((4))) (3) Special accommodations: If you have a disability, the board will provide accommodations consistent with the Americans with Disabilities Act. You ((should)) must request special accommodations at least ninety days ((prior to)) before the examination date.

(((5))) (4) Notification of scoring: The board will notify you by mail of your examination score within ninety days of taking the examination.

(((6))) (5) Failing the examination: ((If you fail the examination, for a fee you can request:

(a) A report showing the failed subject areas; or

(b) To review the examination, question by question, at a location specified by the board. You will be allowed to see the test and review those questions you failed and those you answered correctly. An answer key is not provided and you are not allowed to keep or copy the examination.

(7) Retake of examination: You must submit a request on a form provided by the board and the required fees to retake either part of the examination.)) (a) You may request that your examination be manually graded by submitting a written request and the fee specified in WAC 308-15-150.

(b) You may apply to retake the examination by submitting a written request and the fees specified in WAC 308-15-150.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-050, filed 5/25/01, effective 6/25/01.]


NEW SECTION
WAC 308-15-053   What are the specialty licenses?   The types of specialty licenses are engineering geologist and hydrogeologist.

(1) Engineering geologist.

(a) Elements of the engineering geologist specialty. The practice of engineering geology involves the interpretation, evaluation, analysis, and application of geological information and data to civil works. Geotechnical soil and rock units are designated, characterized, and classified, using standard engineering soil and rock classification systems. Relationships are interpreted between landform development, current and past geologic processes, ground and surface water, and the strength characteristics of soil and rock. Processes evaluated include both surficial processes (for example, slope, fluvial, and coastal processes), and deep-seated processes (for example, volcanic activity and seismicity). Geotechnical zones or domains are designated based on soil and rock strength characteristics, common landforms, related geologic processes, or other pertinent factors. Proposed developmental modifications are evaluated and, where appropriate, analyzed to predict potential or likely changes in types and rates of surficial geologic processes. Proposed modifications may include such things as vegetation removal, using various types of earth materials in construction, applying loads to shallow or deep foundations, constructing cut or fill slopes and other grading, and modifying ground and surface water flow. The effects of surficial and deep-seated geologic processes are evaluated and analyzed to predict their potential effect on public health, public safety, land use, or proposed development.

(b) Typical engineering geologic applications and types of projects. Engineering geology is applied during all project phases, from conception through planning, design, construction, maintenance, and, in some cases, reclamation and closure. Planning-level engineering geologic work is commonly conducted in response to forest practice regulations, critical areas ordinances, and the State Environmental Policy Act. Typical planning-level engineering geologic applications include timber harvest planning, proposed location of residential and commercial developments and other buildings and facilities, and alternative route selection for roads, rail lines, trails, and utilities. Site-specific engineering geologic applications include cuts, fills, and tunnels for roads, trails, railroads, and utility lines; foundations for bridges and other drainage structures, retaining walls and shoring, dams, buildings, water towers, slope, channel and shoreline stabilization facilities, fish ladders and hatcheries, ski lifts and other structures; landings for logging and other work platforms; airport landing strips; rock bolt systems; blasting; and other major earthwork projects such as for aggregate sources and landfills.

(2) Hydrogeologist.

(a) Elements of the hydrogeologist specialty. In addition to tasks commonly performed by licensed geologists, the practice of hydrogeology involves the study of the movement of water and other fluids through geologic materials, the mechanical, physical, chemical, and thermal interaction of fluids with geologic materials, and the transport of energy and chemical constituents by fluids in the subsurface.

(b) Typical hydrogeologic applications and types of projects. Typical applications include regional or basin ground water resource, quantity and quality, characterization, development and protection of ground water resources, subsurface characterization; design of vadose and saturated zone cleanups; design, testing, and construction supervision of test, production, recharge, injection, remediation, dewatering and resource protection wells; fluid flow and transport modeling; dewatering system design; and evaluation of potential impacts caused by past, current, or future activities on the quantity and quality of ground water and soil gas, and the range of potential mitigations.

[]


NEW SECTION
WAC 308-15-055   What are the minimum requirements to be eligible for an engineering geologist specialty license?   You are eligible for an engineering geologist license if you submit a complete application according to WAC 308-15-030, demonstrating:

(1) You hold a current Washington state geologist license; and

(2) You have demonstrated knowledge of the engineering geology of Washington state; and

(3) You have completed advanced study pertinent to engineering geology and acceptable to the board as follows:

(a) Eighteen semester/twenty-seven quarter hours of graded academic coursework; or

(b) Two hundred seventy hours of seminars or workshops; or

(c) Five hundred forty hours of on-the-job training under the supervision of state-licensed engineering geologists or others who, in the opinion of the board, are qualified to have responsible charge of engineering geologic projects; or

(d) A combination of (a), (b), and (c) of this subsection; and

(4) You have five years of professional engineering geology experience after completion of the advanced study requirements specified in subsection (3) of this section. At least three years of engineering geological experience must be obtained under the supervision of state-licensed engineering geologists or others who, in the opinion of the board, are qualified to have responsible charge of engineering geologic projects. The following may be considered qualifying engineering geologic experience:

(a) Engineering geological research or teaching at the university or college level, which, in the judgment of the board, is comparable to experience obtained in the practice of engineering geology; and

(b) Up to two years' credit for full-time graduate study in engineering geology or a curriculum containing equivalent academic content approved by the board; and

(5) You have passed the Washington state engineering geologist specialty examination or an examination acceptable to the board.

[]


NEW SECTION
WAC 308-15-057   What are the minimum requirements to be eligible for a hydrogeologist specialty license?   You are eligible for a hydrogeologist license if you submit a complete application according to WAC 308-15-030, demonstrating:

(1) You hold a current Washington state geologist license; and

(2) You have demonstrated knowledge of the hydrogeology of Washington state; and

(3) You have completed advanced study pertinent to hydrogeology and acceptable to the board as follows:

(a) Eighteen semester/twenty-seven quarter hours of graded academic coursework; or

(b) Two hundred seventy hours of seminars or workshops; or

(c) Five hundred forty hours of on-the-job training under the supervision of state-licensed hydrogeologists or others who, in the opinion of the board, are qualified to have responsible charge of hydrogeologic projects; or

(d) A combination of (a), (b), and (c) of this subsection; and

(4) You have five years of professional hydrogeology experience after completion of the advanced study requirements specified in subsection (3) of this section. At least three years of hydrogeologic experience must be obtained under the supervision of state-licensed hydrogeologists or others who, in the opinion of the board, are qualified to have responsible charge of hydrogeologic projects. The following may be considered qualifying hydrogeologic experience:

(a) Hydrogeologic research or teaching at the university or college level, which, in the judgment of the board, is comparable to experience obtained in the practice of hydrogeology; and

(b) Up to two years' credit for full-time graduate study in hydrogeology or a curriculum containing equivalent academic content approved by the board; and

(5) You have passed the Washington state hydrogeology specialty examination or an examination acceptable to the board.

[]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-060   ((How do I obtain)) What are the minimum requirements for obtaining a geologist or specialty license by reciprocity((.))?   ((To obtain a license as a geologist or specialty geologist without further examination, you must meet all of the following criteria:)) You are eligible for a geologist or specialty license by reciprocity if you submit a complete application according to WAC 308-15-030, demonstrating:

(1) ((Your)) You meet the education and experience ((qualifications must meet the)) requirements ((of)) in WAC 308-15-040 and, if applying for specialty geologist license, ((WAC 308-15-090)) the experience requirements in WAC 308-15-055 or 308-15-057;

(2) You ((currently must)) hold a ((valid)) current geologist ((or)), and if applicable, a specialty geologist license, registration, or certification in good standing, issued by a state or jurisdiction approved by the board; and

(3) You ((must)) have passed the ((geologist examination adopted by or)) ASBOG examination or an examination acceptable to the board. If you are applying for a specialty geologist license, you must also verify that you have passed a specialty geologist examination adopted by or acceptable to the board.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-060, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-070   Do I need a ((stamp)) seal?   Upon licensure, you must obtain a ((stamp)) seal bearing your name, license number, and the legend "State of Washington Licensed Geologist." If you are licensed as an engineering geologist or hydrogeologist, the specialty must be noted on the ((stamp)) seal. Seals may be rubber, embossed, or digitally produced. Facsimiles of the ((stamps of the)) seal designs authorized by the director are shown below. Deviations to the authorized designs are not allowed.


((Geologist stamp here


Place illustration here.

Engineering geologist stamp here


Place illustration here.

Hydrogeologist stamp here


Place illustration here.

))


Place illustration here.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-070, filed 5/25/01, effective 6/25/01.]

Reviser's note: No illustration supplied by agency.
AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-075   When do I need to use my stamp/seal?   (1) You must stamp/seal, sign, and date every final geology or specialty geology report, letter report, or document that is prepared by you or prepared under your supervision or direction and submitted to other parties.

(a) All figures, maps, and plates bound within final reports or documents do not need to be individually stamped/sealed, signed and dated. Unbound final figures, maps, and plates must be individually stamped/sealed, signed and dated.

(b) Preliminary or draft geology or specialty geology work does not have to be stamped/sealed, but the documents and all associated figures, maps, and plates must be clearly marked as preliminary or draft.

(2) You must stamp/seal, sign, and date every final geology or specialty geology design and specification that is prepared by you or prepared under your supervision or direction. Preliminary or draft geology or specialty geology design and specification drawings do not have to be stamped/sealed, but each design and specification must be clearly marked as preliminary or draft.

(3) If you stamp/seal, sign and date work ((that you have only reviewed)) performed by someone other than yourself, you are responsible to the same extent as if you prepared the report, design or specification.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-075, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-080   What do I need to know about renewing or reinstating my license?   (1) Term of license: Your license will be issued for a period of one year.

(2) ((Address changes: Your renewal notice will be sent to the address of record. You must notify the geologist licensing board in writing within thirty days of any address changes.)) Initial license: Your first license will expire on your next birthday unless your next birthday falls ninety days or less after the issuance date, in which case your first license will expire on the second birthday following the issuance date.

(3) Renewal date: Your license renewal date ((will be your birth date)) is your birthday.

(((a) If your license is issued during the first year of the program (July 1, 2001, through June 30, 2002), your renewal date will be the first birth date to occur after July 1, 2002. However, if your next birth date is within three months of the initial date of issuance of the license, your original license will expire on the second birthday following issuance of your original license.

(b) If your license is issued after June 30, 2002, your renewal after the first year of the program will be for a one-year period, due on your birth date. However, if your next birth date is within three months of the initial date of issuance of your license, your license will expire on the second birthday following issuance of your original license.

(4) Renewal fee and late fee: You must pay the prescribed renewal fee to the department of licensing on or before the expiration date. If you fail to pay your license renewal fee within ninety days following the expiration date, you must pay the renewal fee plus a late fee equal to one additional year's renewal fee.

(5))) (4) Timely renewal: It is your responsibility to make a timely renewal whether or not you receive a renewal notice from the department. Your renewal is considered timely if you:

(a) Send the renewal fee to the department on or before your renewal date, as evidenced by the postmark;

(b) Deliver the renewal fee to the department before the close of business on your renewal date; or

(c) Renew your license over the internet on or before your renewal date.

(5) Invalid license: If you fail to renew your license according to subsection (4) of this section, your license is invalid. If your license is invalid, you are prohibited from offering and/or providing professional geologist services until the license is renewed or reinstated.

(6) Late fee: If you fail to pay your renewal fee within ninety days following your renewal date, you must pay the renewal fee plus a late fee equal to one year's renewal fee.

(7) Reinstatement: ((In addition to the fees outlined in subsection (4) of this section,)) If you fail to ((pay a renewal fee)) renew your license for a period of five years or more, you may be reinstated upon payment of ((all delinquent renewal fees,)) the current year's renewal fee((,)) and a late fee equal to ((an additional)) one year's renewal fee. In addition to the payment of ((delinquent)) fees ((and a reinstatement fee)), you must submit the following:

(a) A ((summary of)) signed statement that you are knowledgeable with the current laws and rules governing geologists in Washington state;

(b) A professional resume of your geologist activities during the delinquent period, including licensure in another jurisdiction, with sufficient detail to demonstrate to the board that ((your skills)) you have ((been)) maintained your skills; and

(c) A detailed explanation of the circumstances surrounding the reason you allowed your license to expire.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-080, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-100   What is a brief adjudicative proceeding (BAP)?   The board adopts RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act to administer brief adjudicative proceedings (BAP). These proceedings are conducted at the request of an applicant for reasons set out in ((subsection)) WAC 308-15-101 or at the discretion of the board chair per RCW 34.05.482.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-100, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-101   When can a brief adjudicative proceeding (BAP) be requested?   Requests for a BAP will be conducted where the matter is limited solely to one or more of the following issues:

(1) To determine whether an applicant for licensing meets the minimum criteria for licensing to practice as a geologist or specialty geologist in this state and the board proposes to deny the application;

(2) To determine whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the board;

(3) To determine whether an applicant ((for or in the examination process will be denied to sit for future examinations)) qualifies for the exam process; and

(4) To determine whether a license holder requesting renewal or reinstatement has submitted all required information and meets minimum criteria for renewal or reinstatement.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-101, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 01-12-023, filed 5/25/01, effective 6/25/01)

WAC 308-15-103   How are brief adjudicative proceedings (BAPs) conducted?   (1) A presiding officer, designated by the ((director)) board, conducts brief adjudicative proceedings. The presiding officer will ((have agency expertise in the subject matter but will)) not have personally participated in the decision to issue the initiating document.

(2) The parties or their representatives may present written documentation. The presiding officer will designate the date by which written documents must be submitted by the parties.

(3) The presiding officer may, at ((his or her)) the presiding officer's discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

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

(6) The presiding officer will not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer will enter an initial order.

[Statutory Authority: Chapter 18.220 RCW. 01-12-023, 308-15-103, filed 5/25/01, effective 6/25/01.]


AMENDATORY SECTION(Amending WSR 02-20-072, filed 9/30/02, effective 10/31/02)

WAC 308-15-140   What are the rules of professional conduct?   (1) What are the general responsibilities of a geologist?

(a) A geologist must undertake professional service or render expert opinion only when qualified by training or experience in the technical areas involved.

(b) When serving as an expert or technical witness before a court, commission, or other tribunal, a geologist must express only those opinions founded upon adequate professional knowledge of the matters at issue.

(c) A geologist must sign and stamp/seal only professional work, including, but not limited to, maps and reports for which the geologist has direct professional knowledge, and for which the geologist is in responsible charge.

(d) A geologist must not take credit for work conducted by others. When using the results of other geologists' work in the performance of the practice of geology, a geologist must give due credit to the other geologists by citation or acknowledgement.

(e) A geologist must not ((knowingly)) make false statements or misrepresentations, or permit the publication or use of the geologist's name or work in association with any fraudulent activities.

(f) A geologist must make full disclosure to all parties concerned of any conflict of interest in projects or properties on which the geologist performs work.

(g) If a ((geologist has knowledge or reasonable cause to believe another person or geologist is in violation of the licensing law, chapter 18.220 RCW, or the related administrative rules, the geologist must present such information in writing to the Washington geologist licensing board.

(h) If a geologist's professional judgment is overruled or not adhered to under circumstances where the geologist has reasonable cause to believe there is a clear and present threat to the public health or welfare or property, the geologist must immediately notify the client/employer of the possible consequences. (i))) geologist's professional judgment is overruled or not adhered to under circumstances where the geologist has reasonable cause to believe there is an imminent threat to the public health, welfare, or property, the geologist must immediately notify the client/employer of the possible consequences. If the client/employer does not take action in a period of time consistent with the level of danger, the geologist must use best efforts to notify the apparent appropriate regulatory agency.

(h) A geologist must issue no statements, criticisms, or arguments on geological matters ((which)) that are inspired or paid for by interested parties, unless the geologist indicates on whose behalf the statements are made.

(((j))) (i) A geologist must continue the geologist's professional development throughout the geologist's career, and must provide opportunities for the professional development of those individuals under the geologist's supervision.

(2) What are the specific responsibilities of a geologist to an employer or client?

(a) A geologist must avoid conflicts of interest with a client/employer and must disclose the circumstances to the client/employer if a conflict is unavoidable.

(b) A geologist must not, during the time of the geologist's retention or employment by a client/employer, use information developed for, or the resources of, said client/employer for private gain or in any other manner that may conflict with the client/employer's interest without the knowledge and consent of the client/employer, except as specified in subsection (1)(h) of this section. In the case of former client/employers, a geologist must honor agreements with former client/employers with regard to proprietary information, except as specified by subsection (1)(h) of this section.

(c) A geologist must either engage or advise a client/employer to engage other experts or specialists if the client/employer's interests are best served by such service.

(d) A geologist must not accept compensation concurrently from more than one client/employer on a project, unless the circumstances of payment are fully disclosed and agreed to by all financially interested parties.

(e) A geologist must advise the geologist's employers or clients when, as a result of their studies, the geologist believes a project will not be viable.

(f) A geologist must negotiate contracts for professional services fairly and on the basis of demonstrated competence and qualifications for the type of professional service required.

(g) A geologist must not request, propose or accept professional compensation on a contingent basis under circumstances in which the geologist's professional judgment may be compromised.

(3) What are the specific responsibilities of a geologist to the board?

(a) A geologist must respond to ((board)) formal requests of the board within the time frame and in the manner specified by the board in its request.

(b) Geologists, when requested by the board, must present information and assistance to the board in pursuing violations of laws and rules relating to the practice of geology in the state of Washington.

(c) If a geologist has knowledge or reasonable cause to believe another person or geologist is in violation of the licensing law, chapter 18.220 RCW, or the related administrative rules, the geologist must present such information in writing to the board.

(4) What are prohibited acts? The prohibited acts are found in RCW 18.220.130 ((and)), 18.220.170 and 18.235.130.

[Statutory Authority: RCW 18.220.040(1), 18.220.050(1). 02-20-072, 308-15-140, filed 9/30/02, effective 10/31/02.]


AMENDATORY SECTION(Amending WSR 01-12-022, filed 5/25/01, effective 6/25/01)

WAC 308-15-150   Fees.  


Type of Fee Amount
((Geologist License
((Application fee 100.00))
((Application fee - Reciprocity 200.00))
((Initial License 100.00))
((Examination
Fundamentals of Geology (vendor charge) 125.00
Practice of Geology (vendor charge) 150.00
Administration fee for reexamination 65.00))
((Review of Examination
Manual regrade (vendor charge) 50.00
Administrative fee for regrade 15.00))
((Late fee (if examination is scheduled less than 30 days prior to Examination date - vendor charge ) 25.00
Specialty License))
((Specialty fee (if you are also applying for geologist license)
Application fee - 1 Specialty 200.00
Application fee - 2 Specialties 300.00
Application fee - Reciprocity - 1 Specialty 350.00
Application fee - Reciprocity - 2 Specialties 500.00
Initial license - 1 Specialty 185.00
Initial license - 2 Specialties 270.00))
((Fee per Specialty (if you are a licensed geologist)
Application fee 100.00
Application fee - Reciprocity 150.00
Initial license 85.00))
((Examination fee per Specialty 300.00
Examination review 100.00
Renewal Fees))
((Annual Renewal fee (geologist) 100.00
Additional fee for late renewal (geologist) 100.00))
((Annual Renewal fee (geologist plus 1 specialty) 185.00
Additional fee for late renewal (geologist plus 1 specialty) 185.00))
((Annual Renewal fee (geologist plus 2 specialties) 270.00
Additional fee for late renewal (geologist plus 2 specialties) 270.00
Miscellaneous Fees))
((Duplicate License or Wall Certificate 25.00))
((Certification of license records to other jurisdictions 45.00))
((Proctor Examination in another Jurisdiction 100.00))
Application fees - includes initial license
Application fee for geologist - examination $100.00
Application fee for each specialty - examination $100.00
Application fee for geologist - reciprocity $200.00
Application fee for each specialty - reciprocity $150.00
Examination fees
Fundamentals of Geology (vendor charge) $125.00
Practice of Geology (vendor charge) $150.00
Administration fee for reexamination $65.00
Late fee (if scheduled less than thirty days before examination date - vendor charge) $25.00
Manual regrade (vendor charge) $50.00
Specialty examination (hydrogeologist or engineering geologist exam) $300.00
Administrative fee for regrade $15.00
Renewal fees
Annual renewal fee for geologist $100.00
Annual renewal fee for each specialty $85.00
Annual renewal for geologist, with late fee (if paid ninety days or more after due date) $200.00
Annual renewal for each specialty, with late fee (if paid ninety days or more after due date) $170.00
Miscellaneous fees
Duplicate license or wall certificate . . . . . . . . . . . . $25.00
Certification of license records to other jurisdictions . . . . . . . . . . . . $45.00
Proctor examination for another jurisdiction . . . . . . . . . . . . $100.00

[Statutory Authority: Chapter 18.220 RCW. 01-12-022, 308-15-150, filed 5/25/01, effective 6/25/01.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-15-090 What are the speciality licenses, qualifications and processes for licensure?
WAC 308-15-102 What records are required for a brief adjudicative proceeding (BAP)?

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Washington State Code Reviser's Office