WSR 06-18-071

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 5, 2006, 9:13 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-09-047.

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

Hearing Location(s): Department of Licensing, Business and Professions Division, Conference Room #209, 405 Black Lake Boulevard, Olympia, WA 98502, on October 10, 2006, at 9:00 a.m.

Date of Intended Adoption: October 11, 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 October 6, 2006.

Assistance for Persons with Disabilities: Contact Kim King by October 6, 2006, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To move sections into chapter 196-25 WAC that were repealed from chapter 196-23 WAC.

Reasons Supporting Proposal: This is needed as part of an effort to better organize these existing rules under an existing chapter heading that is more applicable to the subject matter.

Statutory Authority for Adoption: RCW 43.24.086.

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, Implementation and Enforcement: George A. 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 economic impact to the licensees.

A cost-benefit analysis is not required under RCW 34.05.328. There is no economic impact to licensees.

September 5, 2006

George A. Twiss

Executive Director

Chapter 196-25

BUSINESS PRACTICES
NEW SECTION
WAC 196-25-070   Providing direct supervision.   Direct supervision is a combination of activities by which a licensee maintains control over those decisions that are the basis for the finding, conclusions, analysis, rationale, details, and judgments that are embodied in the development and preparation of engineering or land surveying plans, specifications, plats, reports, and related activities. Direct supervision requires providing personal direction, oversight, inspection, observation and supervision of the work being certified.

Communications between the licensee and those persons who are performing the work include, but are not limited to, use of any of the following ways: Direct face-to-face communications; written communications; U.S. mail; electronic mail; facsimiles; telecommunications, or other current technology: Provided, That the licensee retains, maintains, and asserts continuing control and judgement.

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NEW SECTION
WAC 196-25-080   Practice by businesses, organizations or public agencies.   When a business, organization or public agency offers or performs engineering or land surveying services as defined in RCW 18.43.020, the business, organization or public agency shall perform its duties and responsibilities in accordance with chapter 18.43 RCW and applicable rules.

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Washington State Code Reviser's Office