WSR 06-07-119

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 20, 2006, 11:18 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-15-050.

Title of Rule and Other Identifying Information: Chapter 196-09 WAC, Board practices and procedures.

Hearing Location(s): La Quinta, Board Room, 1425 East 27th Street, Tacoma, WA 98421, on April 26, 2006, at 7:00 p.m.

Date of Intended Adoption: May 1, 2006.

Submit Written Comments to: George A. Twiss, Executive Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail engineers@dol.wa.gov, fax (360) 664-2551, by April 24, 2006.

Assistance for Persons with Disabilities: Contact Kim King by April 24, 2006, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To replace the current brief adjudicative proceedings portions of this chapter, so that the new sections of the brief adjudicative proceedings may be used in more circumstances.

Reasons Supporting Proposal: The new brief adjudicative proceedings processes will be standardized throughout the division and agency.

Statutory Authority for Adoption: RCW 18.43.035.

Statute Being Implemented: Chapter 18.235 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, Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1565.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no fiscal impact on the licensees.

A cost-benefit analysis is not required under RCW 34.05.328. There is no fiscal impact on the licensees.

March 15, 2006

George A. Twiss

Executive Director


AMENDATORY SECTION(Amending WSR 04-04-001, filed 1/21/04, effective 2/21/04)

WAC 196-09-050   Brief adjudicative proceedings.   (1) 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:)) Brief adjudicative proceedings may be used whenever a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleges violations of chapter 18.43 RCW, chapter 18.210 RCW, chapter 18.235 RCW, administrative rules in title 196 WAC or any statutes or rules that specifically govern the defined practices of engineering, land surveying and on-site wastewater treatment system designs. Brief adjudicative proceedings may also be used in place of formal adjudicative hearings whenever the board issues a statement of charges, notice of intent to issue a cease and desist order, or temporary cease and desist order alleging that an applicant or licensee's conduct, act(s), or condition(s) constitute unlicensed practice or unprofessional conduct as that term is defined under chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.

(((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))

(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:

(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;

(b) Whether an applicant is eligible to sit for a professional licensing examination;

(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;

(d) Whether an applicant meets minimum requirements for an initial or renewal application;

(e) Whether an applicant has failed the professional licensing examination;

(f) Whether a licensee has sufficient continuing education credits when the licensee submits a renewal application;

(g) Whether an applicant or licensee failed to cooperate in an investigation by the board

(h) Whether an application or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;

(i) Whether an applicant or licensee has defaulted on educational loans;

(j) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;

(k) Whether a person has engaged in false, deceptive or misleading advertising; or

(l) Whether a person has engaged in unlicensed practice.

(((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))

(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.

(((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.))

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-09-050, filed 1/21/04, effective 2/21/04.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 04-04-001, filed 1/21/04, effective 2/21/04)

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.)) -Renewal or reinstatement of license:

All correspondence between the applicant and the board about the renewal or reinstatement;

Copies of 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.

(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.)) Applicants for certification/licensing:

Original complete application with all attachments as submitted by the applicant;

Copies of all supplementary information related to application review by staff or board member;

All documents relied upon in reaching the determination of ineligibility;

All correspondence between the applicant and the board about the application or appeal.

(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.))

Copies of notices 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 who is certified/licensed by the board that relate to the identity of the individual in default;

All documents received by the board from or on behalf of the licensee relating to rebutting such indentification;

Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or

A written release, if any issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.

(4) Determination of compliance with previously issued board order:

The previously issued final order or agreement;

All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

All correspondence between the license holder and the program regarding compliance with the final order or agreement; and

All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-09-055, filed 1/21/04, effective 2/21/04.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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.

Washington State Code Reviser's Office