WSR 04-24-001

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 17, 2004, 4:22 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-032.

Title of Rule and Other Identifying Information: Chapter 196-25 WAC, Business practices.

Hearing Location(s): La Quinta Inn, Federal Way, 32124 25th Avenue South, Federal Way, WA 98003, on January 12, 2005, at 7:00 p.m.

Date of Intended Adoption: March 17, 2005.

Submit Written Comments to: Joe Vincent Jr., P.O. Box 9025, Olympia, WA 98507, e-mail engineers@dol.wa.gov, fax (360) 664-2551, by February 11, 2005.

Assistance for Persons with Disabilities: Contact Kim Chipman by February 5, 2005, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to WAC 196-25-002 add or clarify definitions for the following terms: Resident engineer or resident land surveyor, business, designee, designated engineer, designated land surveyor, employee, and branch office.

Amendments to WAC 196-25-040 provide clarification on board notification of changes to business designees and name changes.

Reasons Supporting Proposal: This proposal is the result of a review of the board's rules in accordance with the Governor's Directive 97-02 and part of the board's ongoing rule review.

Statutory Authority for Adoption: Chapter 18.43 RCW.

Statute Being Implemented: Chapter 18.43 RCW.

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

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

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule proposal does not impose any costs to small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Neither the Department of Licensing nor the Board of Registration are one of the named agencies in this statute.

November 17, 2004

George A. Twiss

Executive Director

WAC 196-25

Business Practices
AMENDATORY SECTION(Amending WSR 98-12-053, filed 5/29/98, effective 7/1/98)

WAC 196-25-002   Definitions.   Board. The Washington state board of registration for professional engineers and land surveyors.

Professional engineer. A person registered by the board under chapter 18.43 RCW to practice engineering in this state.

Professional land surveyor. A person registered by the board under chapter 18.43 RCW to practice land surveying in this state.

Resident engineer or resident land surveyor. A currently registered professional engineer or land surveyor who maintains a business headquarters or branch office as his/her normal place of employment, and is in responsible charge of the engineering and/or land surveying services.

Business. A corporation, professional service corporation (PS), joint stock association (JSA) or limited liability company (LLC) or professional limited liability company (PLLC) that is practicing or offering to practice, engineering or land surveying or both in this state.

Designee, designated engineer, designated land surveyor. A currently registered professional engineer designated by the business to be in responsible charge of engineering activities for the business in ((this state)) Washington, or, a currently registered professional land surveyor designated by the business to be in responsible charge of land surveying activities for the business in ((this state)) Washington.

Employee. A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the right to control and direct the employee in the material details of the scope, schedule and location of employment.

Branch office. One or more alternate locations in Washington of a business, not recognized as the business's main office or headquarters, which is established to offer and provide engineering and/or land surveying services from that location.

Project office. A temporary remote location of an engineering and/or land surveying business that is a convenient workplace for providing specific engineering and/or land surveying services only in support of a project.

Certificate of authorization. A certificate issued by the board, pursuant to chapter 18.43 RCW, to a business authorizing it to practice engineering or land surveying or both in this state. (Note: This is a different certificate than the certificate of authorization that may be filed with the secretary of state.)

[Statutory Authority: RCW 18.43.035 and 18.43.130. 98-12-053, 196-25-002, filed 5/29/98, effective 7/1/98.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 99-15-057, filed 7/15/99, effective 8/15/99)

WAC 196-25-040   Provisions pertaining to both corporations and limited liability companies.   (1) If the business offers both engineering and land surveying services, there must be a designee for each profession. If a person is licensed in both engineering and land surveying, that person may be designated for both professions.

(2) An affidavit must be signed by the designee(s) stating that he or she knows they have been designated by the business as being responsible for the engineering and/or land surveying activities in the state of Washington.

(3) The designated engineer and/or designated land surveyor must be an employee of the business.

(4) No person may be the designated engineer or designated land surveyor at more than one business at any one time.

(5) ((If)) When there is a change in the designee(s), the business must notify the board in writing ((within)) no later than thirty days ((of)) after the effective date of the change and submit a new affidavit.

(6) If the business changes its name, the business must submit a copy of its amended certificate of authority or amended certificate of incorporation (for corporations) or a copy of the certificate of amendment (for LLC's), as filed with the secretary of state within thirty days of the ((filing)) name change.

(7) At the time of renewal, the corporation or limited liability company must submit a copy of the document issued to their company by the state of Washington master license service which states that the corporation or limited liability company has been "renewed by the authority of the secretary of state" and shows a current expiration date.

(8) The filing of the resolution shall not relieve the business of any responsibility or liability imposed upon it by law or by contract. Any business that is certified under chapter 18.43 RCW and this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, and 18.43.120.

[Statutory Authority: RCW 18.43.035. 99-15-057, 196-25-040, filed 7/15/99, effective 8/15/99. Statutory Authority: RCW 18.43.035 and 18.43.130. 98-12-053, 196-25-040, filed 5/29/98, effective 7/1/98.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office