WSR 06-21-109

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 17, 2006, 1:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-13-054.

Title of Rule and Other Identifying Information: The board of registration for architects is proposing changes to the following rules: WAC 308-12-010 State board of registration for architects, 308-12-025 Application for examination, 308-12-050 Registration by reciprocity, 308-12-081 The seal, 308-12-115 Definitions, and 308-12-320 Renewal of license.

The board is proposing adding the following rules: WAC 308-12-111 Board member rules of conduct -- Activities incompatible with public duties -- Financial interests in transactions, 308-12-180 Brief adjudicative proceedings, and 308-12-190 Records required for the brief adjudicative proceeding.

The board is proposing the repeal of the following rules: WAC 308-12-210 Application of brief adjudicative proceedings, 308-12-220 Preliminary record in brief adjudicative proceedings, and 308-12-230 Conduct of brief adjudicative proceedings.

Hearing Location(s): Department of Licensing, Conference Room 2209, 2nd Floor, 405 Black Lake Boulevard S.W., Olympia, WA 98501-9045, on November 29, 2006, at 3:00 p.m.

Date of Intended Adoption: December 19, 2006.

Submit Written Comments to: Lorin Doyle, Program Manager, 405 Black Lake Boulevard S.W., Olympia, WA 98501-9045, e-mail ldoyle@dol.wa.gov, fax (360) 664-1465, by November 17, 2006.

Assistance for Persons with Disabilities: Contact Elizabeth Stancil by November 9, 2006, TTY (360) 664-8885 or (360) 664-6597.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To add clarity to rule language and reflect a current course of the profession.

Statutory Authority for Adoption: RCW 18.96.060 Board -- Rules -- Quorum -- Hearings.

Statute Being Implemented: RCW 18.96.060 Board -- Rules -- Quorum -- Hearings.

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

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Brett W. Lorentson, 405 Black Lake Boulevard S.W., Olympia, WA 98501-9045, (360) 664-1576; Implementation: Lorin Doyle, 405 Black Lake Boulevard S.W., Olympia, WA 98501-9045, (360) 664-1387; and Enforcement: Joe Vincent, Jr., 405 Black Lake Boulevard S.W., Olympia, WA 98501-9045, (360) 664-1386.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not disproportionately affect small business.

A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is not one of the named agencies that must comply with this statute.

October 16, 2006

Joe Vincent, Jr.

Administrator

OTS-9318.1


AMENDATORY SECTION(Amending WSR 02-11-082, filed 5/14/02, effective 6/14/02)

WAC 308-12-010   State board ((of registration)) for architects.   (1) Meetings: The Washington state board ((of registration)) for architects, hereafter called the board, shall hold its regular public meeting annually ((in September)) during the second quarter of the calendar year. Additional public meetings may be held at such times and places as the board may deem necessary. Notice of all public meetings will be issued as required by the Open Public Meetings Act, chapter 42.30 RCW.

((Executive sessions may be held by the board in conjunction with all public meetings, and at such other times as the board shall deem necessary and for the primary purpose of preparing and grading examinations, approving applications, conducting written and oral examinations, examining reciprocity applications, and acting on applications for reinstatement of revoked licenses, and confidential matters between candidates or registrants and the board.))

(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. At the regular annual public meeting the board will elect a chair, a vice-chair and a secretary for the ensuing year.

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

(5) Rule changes. Prior to and during any adoption, amendments, or repeal of any rule, the board of registration will conduct its business in accordance with chapter 34.04 RCW the Administrative Procedure Act.

(((6) Web site. The board will post current applicant and licensee names in addition to other licensing information on the web site.))

[Statutory Authority: RCW 18.08.340. 02-11-082, 308-12-010, filed 5/14/02, effective 6/14/02. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-010, filed 10/17/85. Statutory Authority: RCW 18.08.130. 83-04-071 (Order PL 422), 308-12-010, filed 2/2/83; Order PL-132, 308-12-010, filed 9/25/72; filed 4/28/67; Rule 1, filed 11/19/64; Rules 2, 4, filed 10/26/62; Rule 1, filed 10/26/62.]


AMENDATORY SECTION(Amending WSR 98-20-061, filed 10/2/98, effective 11/2/98)

WAC 308-12-025   Application for examination.   (1) The application to begin the examination process must be submitted on forms approved by the board, accompanied by academic and/or practical experience verification to document eligibility under the provisions of RCW 18.08.350. As determined by the board and consistent with National Council of Architectural Registration Boards (NCARB) recommendations, applicants with an accredited professional architectural degree may take portions of the examination concurrently with practical work experience.

(2) The board has adopted the National Council of Architectural Registration Boards (NCARB) intern development training program (IDP training requirement) as the board approved structured intern training program. Completion of the training requirements of the intern development program must be validated by the NCARB in a council training record sent to the board office. Completion of the training requirements of the IDP is the equivalent of three years of practical work experience.

(3) Applications for the examination must be accompanied by the application fee for the examination as established by the director and published in chapter 308-12 WAC, architect fees. The application fee to begin the examination process will not be refunded.

[Statutory Authority: RCW 18.08.340. 98-20-061, 308-12-025, filed 10/2/98, effective 11/2/98. Statutory Authority: RCW 18.08.350(2). 97-03-121, 308-12-025, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.340. 95-04-080, 308-12-025, filed 1/31/95, effective 3/3/95. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), 308-12-025, filed 8/10/89, effective 9/10/89. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-025, filed 10/17/85.]


AMENDATORY SECTION(Amending WSR 02-11-082, filed 5/14/02, effective 6/14/02)

WAC 308-12-050   Registration by reciprocity.   Pursuant to RCW 18.08.400, the board will recommend to the director that the director grant a certificate of registration to a currently registered architect in any jurisdiction recognized by NCARB provided:

(1) That such applicant presents evidence that the applicant has satisfactorily completed an examination equivalent to the examination required of Washington state registrants.

(2) Documentation of NCARB certification may be accepted by the board as satisfactory evidence that the applicant's qualifications and experience are equivalent to the qualifications and experience required of a person registered under RCW 18.08.350. Reciprocity candidates who cannot meet the IDP training requirement must have a minimum of two years of experience as a licensed architect.

(((2))) (3) That the applicant provides a typed summary ((analysis)) of chapter 18.08 RCW and chapter 308-12 WAC. The summary must ((include an analysis of each section of chapter 18.08 RCW and chapter 308-12 WAC in)) be of sufficient detail to demonstrate a thorough understanding of the law and rules ((as determined by the board)).

(((3))) (4) That the board will require an oral interview of any candidate for registration by reciprocity, except that the oral interview may be set aside in cases where documentary or other evidence shows sufficient information for the board to reach judgment.

(((4))) (5) That the architect's current state license is not delinquent or inactive. The current state license cannot be under suspension, disciplinary restrictions, or in process of disciplinary review. Reciprocity applicants are held to the same qualifications as initial applicants for registration.

[Statutory Authority: RCW 18.08.340. 02-11-082, 308-12-050, filed 5/14/02, effective 6/14/02; 97-03-121, 308-12-050, filed 1/21/97, effective 2/21/97. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), 308-12-050, filed 8/10/89, effective 9/10/89. Statutory Authority: RCW 18.08.340(1) and 18.08.400. 88-09-066 (Order PM 720), 308-12-050, filed 4/20/88. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), 308-12-050, filed 2/5/86. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-050, filed 10/17/85. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), 308-12-050, filed 2/11/85; 84-04-028 (Order PL 458), 308-12-050, filed 1/25/84; 83-04-071 (Order PL 422), 308-12-050, filed 2/2/83; Order PL-132, 308-12-050, filed 9/25/72; Order 691102, 308-12-050, filed 11/26/69; Rule 9, filed 11/19/64, 10/26/62.]


AMENDATORY SECTION(Amending WSR 02-11-082, filed 5/14/02, effective 6/14/02)

WAC 308-12-081   The seal.   Every architect licensed in the state of Washington shall have a seal of design authorized by the board, bearing the registrant's name, license number and the legend "Registered architect, state of Washington." ((The seal with the registrant's countersignature must appear on all documents filed for permits for construction with public authorities.)) A facsimile of the seal appears herewith.


The following must be signed and sealed:

(1) All technical submissions required for building permits or regulatory approvals that are filed with authorities having jurisdiction.

(2) Drawings prepared by the architect must be signed and sealed on each sheet.

(3) Specifications and other technical submissions need only be sealed on the cover, title page, and all pages of the table of contents.

No architect's stamp or countersignature will be affixed to any drawings not prepared by the architect or his or her regularly employed subordinates, or reviewed by the architect. An architect who signs or seals drawings or specifications that he or she has reviewed is responsible to the same extent as if prepared by that architect.

[Statutory Authority: RCW 18.08.340. 02-11-082, 308-12-081, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), 308-12-081, filed 2/5/86. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-081, filed 10/17/85. Statutory Authority: RCW 18.08.130. 83-04-071 (Order PL 422), 308-12-081, filed 2/2/83.]


NEW SECTION
WAC 308-12-111   Board member rules of conduct -- Activities incompatible with public duties -- Financial interests in transactions.   (1) When a member of the board either owns a beneficial interest in or is an officer, agent, employee, or member of an entity; or individual which is engaged in a transaction involving the board, the member shall:

(a) Recuse him or herself from the board discussion regarding the specific transaction;

(b) Recuse him or herself from the board vote on the specific transaction; and

(c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific transaction.

(2) The prohibition against discussion and voting set forth in subsection (1)(a) and (c) of this section shall not prohibit the member of the board from using his or her general expertise to educate and provide general information on the subject area to the other members.

(3)(a) "Transaction involving the board" means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the member in question believes, or has reason to believe:

(i) Is, or will be, the subject of board action; or

(ii) Is one to which the board is or will be a party; or

(iii) Is one in which the board has a direct and substantial proprietary interest.

(b) "Transaction involving the board" does not include the following:

Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a member; or a claim, case, lawsuit, or similar matter if the member did not participate in the underlying transaction involving the board that is the basis for the claim, case, or lawsuit. Rule making is not a "transaction involving the board."

(4) "Board action" means any action on the part of the board, including, but not limited to:

(a) A decision, determination, finding, ruling, or order; and

(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.

(5) The following are examples of possible scenarios related to Board member rules of conduct -- Activities incompatible with public duties -- Financial interests in transactions.

(a) EXAMPLE 1:

The state board for architects disciplines licensed architects in Washington. The board is conducting an investigation involving the services provided by a licensed architect. One of the members of the board is currently serving a subcontractor to that architect on a large project. The board member must recuse himself from any board investigation, discussion, deliberation and vote with respect to disciplinary actions arising from licensed architect services.

(b) EXAMPLE 2:

The state board for architects makes licensing decisions on applications for licensure. An applicant for licensure owns a school construction business which employs licensed architects, including one of the board members. The board member must recuse himself from any board investigation, discussion, deliberation and vote with respect to his employer's application for licensure.

(c) EXAMPLE 3:

The state board for architects makes licensing decisions on applications from registered architects in another state or territory of the United States, the District of Columbia, or another country. The board can grant licensure if that individual's qualifications and experience are equivalent to the qualifications and experience required of a person registered under Washington law. An out-of-state applicant is employed as an architect by a multinational corporation that is planning to build its world headquarters in Washington and has hired a board member's firm as the architect for the project. The board member must recuse himself from any board investigation, discussion, deliberation and vote with respect to the sufficiency of the out-of-state architect's qualifications and experience.

(6) Recusal disclosure. If recusal occurs pursuant to this rule, the member of the board shall disclose to the public the reasons for his or her recusal from any board action whenever recusal occurs. The board staff shall record each recusal and the basis for the recusal.

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AMENDATORY SECTION(Amending WSR 02-11-082, filed 5/14/02, effective 6/14/02)

WAC 308-12-115   Definitions.   (1) Accredited architectural degree -- A professional degree received from the current list of accredited schools of architecture as published by the National Architectural Accrediting Board.

(2) Practical architectural work experience -- Practical work experience performing activities involved in the practice of architecture, as defined in RCW 18.08.320, under the direct supervision of an architect. The board may approve similar practical work experience for full or partial credit and will accept intern development program experience as defined in the IDP training guidelines.

(3) Intern development program (IDP) -- A structured internship training program designed to provide a profession-wide, comprehensive program that contributes to the development of competent architects. IDP consists of training requirements that must be satisfied in order to complete the program. The National Council of Architectural Registration Boards (NCARB) maintains and validates the continuing, comprehensive record of internship training.

(4) ((Supervision -- The word "supervision" in RCW 18.08.320 means the periodic observation of materials and work in progress or completed work to observe the general compliance with plans, specifications, and design and planning concepts, and does not include responsibility for the superintendence of construction processes, site conditions, operations equipment, personnel, maintenance of a safe place to work, or any safety in, on, or about the site of the work.

(5) Principal -- The word "principal" as used herein shall mean an architect who is registered in this state and is the person in charge of the architectural practice, either alone or in concert with others who qualify as herein described, and:

(a) Who is a shareholder, if the practice is through a professional service corporation; or

(b) A partner if the practice is through a partnership; or

(c) The proprietor if the practice is through a proprietorship; or

(d) The designated architect of a stock corporation.

(6))) The title "intern architect" may be used while enrolled in the structured intern program recognized by the board, in WAC 308-12-025(2), and working under the direct supervision of a licensed architect.

(5) Direct supervision -- The phrase, "under the direct supervision of an architect" as used in connection with architectural work experience for qualification and eligibility for the examination shall refer to any of the following conditions or situations.

(a) The supervising architect is an employer who is knowledgeable of the performance and competence of the applicant.

(b) The supervising architect works for the same employer as the applicant, and is either the direct superior of the applicant, or a co-worker knowledgeable and responsible for the efforts of the applicant.

(((7) Design-build -- A means of providing design and construction services in which a single entity is responsible for both services.

(8))) (6) Review -- A continuous process of examination, evaluation, and direction throughout the development of the documents, which includes the ability to control the final product.

(((9))) (7) Construction-related experience -- Work on a construction site in any of the construction-related trades, including, but not limited to, carpentry, laboring, electrical, plumbing, sheet metal and roofing. Work in the construction office, including, but not limited to, estimating or construction administration.

(8) "Technical submission" means designs, drawings, specifications, studies, and other technical documents prepared in the course of practicing architecture.

[Statutory Authority: RCW 18.08.340. 02-11-082, 308-12-115, filed 5/14/02, effective 6/14/02; 98-20-061, 308-12-115, filed 10/2/98, effective 11/2/98; 91-12-061, 308-12-115, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 18.08.320. 87-19-095 (Order PM 676), 308-12-115, filed 9/17/87. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-115, filed 10/17/85.]


NEW SECTION
WAC 308-12-180   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. 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 chapters 18.08 and 18.235 RCW, administrative rules in TITLE 308 WAC or any statutes or rules that specifically govern the defined practices of architects. 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.

(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 an applicant or licensee failed to cooperate in an investigation by the department;

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

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

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

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

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

(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.

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NEW SECTION
WAC 308-12-190   Records required for the brief adjudicative proceeding.   The records for the brief adjudicative proceeding shall include:

(1) Renewal or reinstatement of a license:

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

(b) Copies of renewal notice(s) sent by the department of licensing to the licensee;

(c) 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) Applicants for certification/licensing:

(a) Original complete application with all attachments as submitted by applicant;

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

(c) All documents relied upon in reaching the determination of ineligibility;

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

(3) Default of student loan payments:

(a) 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;

(b) 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;

(c) All documents received by the board from or on behalf of the licensee relating to rebutting such identification;

(d) 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

(e) 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:

(a) The previously issued final order or agreement;

(b) 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;

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

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

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AMENDATORY SECTION(Amending WSR 02-11-082, filed 5/14/02, effective 6/14/02)

WAC 308-12-320   Renewal of licenses.   (1) The license renewal date for architects will be the architect's birth date. Licensees who fail to pay the license renewal fee within thirty days of license expiration date will be subject to the late payment penalty fee as set forth in RCW 18.08.430 and WAC 308-12-326. ((Architects whose renewal fees are delinquent will be listed with the state building officials.))

(2) The renewal period for architects is two years.

(3) Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-half of the two-year renewal fee or the fee for one year.

(4) A registrant who fails to pay a renewal fee for a period of five years or more may be reinstated upon payment of all delinquent renewal fees and a penalty fee. Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-half of the two-year renewal fee or the fee for one year. In addition to the payment of delinquent fees and a penalty fee the registrant shall submit the following:

(a) A summary of the current law and rules governing architects.

(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.

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

The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.

(5) Registrants who withdraw from the practice of architecture, and exceed five years in an inactive status, shall request reinstatement in writing to the board and shall submit the following:

(a) A summary of the current law and rules governing architects.

(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.

(c) A detailed explanation of the circumstances surrounding the reason the license was in an inactive status for more than five years.

The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.

[Statutory Authority: RCW 18.08.340. 02-11-082, 308-12-320, filed 5/14/02, effective 6/14/02. Statutory Authority: RCW 18.08.430 (1) and (2), 43.24.086 and 43.24.140. 99-08-062, 308-12-320, filed 4/2/99, effective 5/3/99. Statutory Authority: RCW 18.03.350. 97-06-064, 308-12-320, filed 2/27/97, effective 3/30/97. Statutory Authority: RCW 18.08.430. 90-17-097, 308-12-320, filed 8/21/90, effective 9/21/90. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), 308-12-320, filed 2/11/85; 83-04-071 (Order PL 422), 308-12-320, filed 2/2/83; Order PL 262, 308-12-320, filed 1/13/77.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-12-210 Application of brief adjudicative proceedings.
WAC 308-12-220 Preliminary record in brief adjudicative proceedings.
WAC 308-12-230 Conduct of brief adjudicative proceedings.

Washington State Code Reviser's Office