WSR 08-08-121

PROPOSED RULES

BOARD OF REGISTRATION

FOR PROFESSIONAL ENGINEERS

AND LAND SURVEYORS

[ Filed April 2, 2008, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-18-069.

Title of Rule and Other Identifying Information: Chapter 196-12 WAC, Registered professional engineers.

Hearing Location(s): LaQuinta Inn, Board Room, 1427 East 27th, Tacoma, WA 98421, on May 7, 2008, at 4:00 p.m.

Date of Intended Adoption: May 7, 2008.

Submit Written Comments to: George A. Twiss, PLS, 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 May 2, 2008.

Assistance for Persons with Disabilities: Contact Kim King by May 2, 2008, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendments to this chapter are necessary to provide guidance to applicants with regard to the experience, education, and application requirements to become licensed as a professional engineer. It also better organizes existing rules, and amend/repeal language that no longer applies to professional engineers.

Reasons Supporting Proposal: Amendments to these rules are necessary to reorganize the rules to make them easier to follow and comply with. It also eliminates old language that no longer applies due to procedural changes.

Statutory Authority for Adoption: RCW 18.43.035.

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 licensees.

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

April 2, 2008

George A. Twiss

Executive Director

OTS-1431.2


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

WAC 196-12-010   ((Eligibility and applications.)) Registration requirements.   The ((law requires)) requirements to become licensed as a professional engineer are:

(1) Eight years of experience in engineering work of a character satisfactory to the board ((and passing the fundamentals-of-engineering examination to be eligible for the second stage (PE) engineer examination.));

(a) These eight years must be of broad based, progressive experience to include gaining knowledge and comprehension of engineering subjects and applying engineering principles. ((The eight years of experience must be completed sixty days prior to the date of the examination.

A professional engineer (PE) applicant must have passed the first stage examination (the fundamentals-of-engineering (FE) examination) and be enrolled as an engineer-in-training (EIT), or qualify to waive the FE examination in accordance with WAC 196-12-050, before he or she can take the second stage (PE) examination. If the applicant has at least eight years of qualifying engineering experience, the PE examination may be applied for at the same time that he or she applies for the FE examination. The PE application may also be submitted before the results of the FE examination have been received, provided the application is submitted at least four months before the second stage examination date.

All applications must be completed on forms provided by the board and filed with the executive director at the board's address. The deadline for properly completed applications accompanied by the appropriate fee as listed in WAC 196-26A-025 is four months prior to the date of the examination. Late applications will be considered for a later examination. Supporting documents such as college transcripts and experience verification forms must be received by the board three months prior to the date of the examination in order for the board to determine eligibility prior to examination deadlines. Failure to have the supporting documents sent to the board by the defined deadline will result in the applicant being delayed until a later examination.

To reschedule the taking of an examination, a written request accompanied by the applicable fee as listed in WAC 196-26A-025 is required at least three months prior to the examination date. Once an application has been approved, no further application is required.)) (b) The eight years of experience may be a combination of education and practical work experience. Under selected circumstances a maximum of five years of education (baccalaureate and masters degrees) can be granted toward the eight-year requirement.

(2) Obtaining a passing score on the fundamentals-of-engineering (FE) examination or be granted a waiver of the examination;

The FE examination can be taken only after gaining an equivalent of four years of qualifying experience of a character satisfactory to the board or be certified by the university that the applicant has achieved senior standing in an approved engineering program;

(3) Obtaining a passing score on the principles and practice of engineering examination;

(4) Obtaining a passing score on the board's law and ethics examination;

(5) Be of good character and reputation; and

(6) Payment of applicable fees.

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-12-010, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. 98-12-052, 196-12-010, filed 5/29/98, effective 7/1/98; 88-12-044 (Order PM 738), 196-12-010, filed 5/27/88; 87-13-005 (Order PM 606), 196-12-010, filed 6/4/87; 84-04-027 (Order PL 454), 196-12-010, filed 1/25/84; 82-01-064 (Order 81-10), 196-12-010, filed 12/18/81; Order PL 224, 196-12-010, filed 11/5/75; Order PL-129, 196-12-010, filed 7/27/72; Order 11, 196-12-010, filed 9/12/68; Rule IIA, filed 11/15/65; Rule IIA, filed 8/4/64; Rule IA, filed 12/26/62.]


NEW SECTION
WAC 196-12-011   Application requirements.   All applications for the professional engineer (PE) examinations must:

(1) Be received at the board's address with the applicable fee by:

(a) January 15 for the April exam administrations;

(b) July 31 for the October exam administrations.

(2) Be completed and submitted on forms provided by the department.

(3) Include the names and addresses of five references, three of which must be licensed engineers having personal knowledge of the applicant's character and reputation.

(4) Be supported by documents such as:

(a) Official college transcripts, showing all grades and degrees;

(b) Completed experience verifications; and

(c) Any applicable verifications of licensing and/or examination records from other licensing jurisdictions.

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NEW SECTION
WAC 196-12-012   Reexamination requirements.   All applicants who fail to pass an examination or do not appear at the scheduled examination time may request, in writing, an opportunity for reexamination. The request must be received in the office of the board with applicable fee by January 15th for the April exam administrations or July 31st for the October exam administrations.

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

WAC 196-12-020   Work experience records.   ((The board shall evaluate all experience, which includes education, on a case-by-case basis and approve such experience as appropriate.)) The ((board will use the)) following criteria will be used in evaluating an applicant's experience record:

(1) ((Education experience will be based on transcripts. Therefore, any transcripts not previously sent to the board's office should be submitted for maximum experience credit. Education may be approved as experience based on the following:

(a) Graduation with a baccalaureate degree in engineering approved by the engineer accreditation commission (EAC) of the accreditation board for engineering and technology (ABET, Inc.) shall be equivalent to four years of required experience. Satisfactory completion of each year of such an approved engineering curriculum is equivalent to one year of experience.

(b) Graduation with a baccalaureate degree in a program in engineering technology approved by the technology accreditation commission (TAC) of the accreditation board for engineering and technology (ABET, Inc.) is equivalent to three years of required experience. Satisfactory completion of each year of such an approved program is equivalent to three-fourths of one year of experience.

(c) Graduation in an approved four year non-ABET, Inc. accredited engineering curriculum will be given a maximum of three years of experience.

(d) A maximum of one year may be granted for postgraduate engineering courses approved by the board for those applicants having earned degrees in accordance with (a), (b) or (c) of this subsection.

(e) A nonengineering bachelor of science program can be given a maximum of two years of experience. If the degree is followed by a master of science in engineering from a school that has an ABET, Inc. accredited undergraduate program in the same discipline as the master's degree, a maximum of four years of experience may be granted for this combination of education.

(f) Graduation with an associate degree in engineering from an approved curriculum may be equivalent of up to two years of required experience.

(g) Education gained in a piecemeal fashion over time where no degree is conferred will be granted up to a maximum of two years of experience. For the purpose of this subsection, education in a "piecemeal fashion" means: One or two classes taken at a time, often at different schools; seminars; workshops; and classes taken through industry and the military. In order to determine the appropriate amount of experience, this type of education will be compared to college coursework in a baccalaureate of engineering technology degree program.

(h) The board may approve engineering degree programs from other countries.

(i) A number of foreign degree programs are included in mutual recognition agreements entered into by ABET, Inc. with other accrediting authorities. Applicants with a degree from one of these programs will be evaluated in accordance with (a) and (b) of this subsection. A list of those approved mutual recognition degree programs is maintained in the board office.

(ii) Applicants having engineering degrees from programs in countries that are not on the mutual recognition list will be required to have their transcripts evaluated by a transcript evaluation service approved by the board. This evaluation will be performed at the applicant's expense, and the applicant will be responsible for submitting all necessary information to the evaluation service. The board will use the evaluation to determine if the foreign degree is equivalent to an ABET, Inc. accredited degree. If the board determines that the degree is equivalent, experience will be granted in accordance with (a) or (b) of this subsection. If the board determines that the foreign degree is not equivalent to an ABET, Inc. accredited degree, then a maximum of three years of experience may be granted in accordance with (c) of this subsection.

(iii) An applicant with an undergraduate foreign degree from a program that is not on the mutual recognition list, can waive the requirement for a degree evaluation if they have a master of science in engineering from a school that has an ABET, Inc. accredited undergraduate engineering degree program in the same discipline as the master's degree. A maximum of four years of experience can be granted for this combination of education.

(i) Any other education will be taken into account and evaluated on its merits.

(j) Work experience gained between semesters or quarters or during summers while enrolled in an approved curriculum will be considered as part of the educational process. The board grants one year of experience for a year of approved education including any associated work experience within that year.

(2))) Work experience will be approved based on a demonstration of competency and progressive responsibility in the analysis, synthesis and evaluation of engineering concepts and data, under the direct supervision of a person authorized by chapter 18.43 RCW or other applicable statute to practice engineering. Under the general guidance and direct supervision of an authorized professional, the applicant must be in a position of making independent judgments and decisions in the following experience areas:

(a) Formulating conclusions and recommendations;

(b) Identifying design and/or project objectives;

(c) Identifying possible alternative methods and concepts;

(d) Defining performance specifications and functional requirements;

(e) Solving engineering problems;

(f) Interacting with professionals from other areas of practice;

(g) Effectively communicating recommendations and conclusions;

(h) Demonstrating an understanding and concern for energy/environmental considerations, socioeconomic impact, and sustainability of resources.

(((3))) (2) The branch of structural engineering requires specialized work experience to protect the public safety. To be eligible to take the structural license examination, an applicant must have at least two years of progressive responsibility in structural engineering experience. These two years of structural experience are in addition to the eight years of engineering experience required to be registered as a professional engineer and must be documented in the application in accordance with subsection (((2))) (1) of this section. The structural engineering experience must be supervised by a licensed professional engineer in the branch of structural engineering or a licensed professional engineer with ((significant)) substantial structural engineering work experience.

(((4))) (3) Engineering teaching ((character)) may be considered satisfactory experience up to a maximum of two years.

(((5))) (4) Applied research is considered satisfactory experience when it meets the following conditions:

(a) The research must be conducted under the guidance or supervision of a licensed engineer. For the purposes of this subsection, guidance or supervision means being cognizant of all applicable aspects of the work and a reviewer of all applicable reporting documentation.

(b) The ((principle)) principal result(s) of the research are in a published report or a recognized engineering journal article in which the applicant is the first author or the work is adequately documented and available to the board upon request.

(((6))) (5) For military engineering experience to be considered acceptable, it should be similar to engineering experience that would be gained in a nonmilitary environment as defined in subsection (((2))) (1) of this section, and such experience must be verified.

(((7))) (6) Any work experience gained without the supervision of a professional engineer authorized to practice under chapter 18.43 RCW or an individual authorized by another statute to practice engineering, or any work experience gained in any other situation which violates the provisions of chapters 18.43 and 18.235 RCW or TITLE 196 WAC will not be counted toward the statutory experience requirement.

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-12-020, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. 02-01-071, 196-12-020, filed 12/14/01, effective 1/30/02; 98-12-052, 196-12-020, filed 5/29/98, effective 7/1/98; 92-01-101, 196-12-020, filed 12/17/91, effective 1/17/92; 87-13-005 (Order PM 606), 196-12-020, filed 6/4/87; 84-04-027 (Order PL 454), 196-12-020, filed 1/25/84; 82-01-064 (Order 81-10), 196-12-020, filed 12/18/81; Order PL-115, 196-12-020, filed 11/24/71; Rule IIB, filed 11/15/65; Rule IIB, filed 5/26/65; Rule IIB, filed 8/4/64; Rule IB, filed 12/26/62.]


NEW SECTION
WAC 196-12-021   Education experience records.   Official transcripts must be sent to the board's office for full education experience credit.

(1) A baccalaureate degree in engineering in a program approved by the engineering accreditation commission (EAC) of the accreditation board for engineering and technology (ABET, Inc.) is equivalent to four years of required experience. Satisfactory completion of each year of such an approved program is equivalent to one year of experience.

(2) A baccalaureate degree in an engineering technology program approved by the technology accreditation commission (TAC) of the ABET, Inc., is equivalent to three years of required experience. Satisfactory completion of each year of such an approved program is equivalent to three-fourths of one year of experience.

(3) An approved four years in an ABET, Inc., accredited engineering program will be given a maximum of three years of experience.

(4) No more than one year may be granted for postgraduate engineering courses for those applicants having earned degrees in accordance with subsections (1), (2), or (3) of this section.

(5) A baccalaureate degree in a nonengineering program will be given a maximum of two years of experience.

If the degree is followed by a graduate degree in engineering from a school that has an ABET, Inc., accredited undergraduate program in the same discipline as the graduate degree, a maximum of four years of experience may be granted for this combination of education.

(6) An associate degree in engineering from an approved program may be equivalent for up to two years of experience.

(7) Education gained over time where no degree is conferred will be granted no more than two years of experience. For the purpose of this subsection, education over time means: One or two classes taken at a time, often at different schools; seminars; workshops; and classes taken through industry and the military. In order to determine the appropriate amount of experience, this type of education will be compared to college coursework in a baccalaureate of engineering technology degree program.

(8) The board may approve engineering degree programs from other countries.

(a) A number of foreign degree programs are included in mutual recognition agreements entered into by ABET, Inc., with other accrediting authorities. Applicants with a degree from one of these programs will be evaluated in accordance with subsections (1) and (2) of this section. A list of those approved mutual recognition degree programs is maintained in the board office.

(b) Applicants having engineering degrees from programs in countries that are not on the mutual recognition list will be required to have their transcripts evaluated by a transcript evaluation service approved by the board. This evaluation will be performed at the applicant's expense, and the applicant will be responsible for submitting all necessary information to the evaluation service. The board will use the evaluation to determine if the foreign degree is equivalent to an ABET, Inc., accredited degree. If the board determines that the degree is equivalent, experience will be granted in accordance with subsection (1) or (2) of this section. If the board determines that the foreign degree is not equivalent to an ABET, Inc., accredited degree, then a maximum of three years of experience will be granted in accordance with subsection (3) of this section.

(c) An applicant with an undergraduate degree from a foreign program that is not on the mutual recognition list, can waive the requirement for a degree evaluation if they have a graduate degree in engineering from a school that has an ABET, Inc., accredited undergraduate engineering degree program in the same discipline as the graduate degree. No more than four years of experience will be granted for this combination of education.

(9) Any other education will be taken into account and evaluated on its merits.

(10) Work experience gained between semesters or quarters or during summers while enrolled in an approved curriculum will be considered part of the educational process. No more than one year of experience will be granted for one calendar year.

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

WAC 196-12-030   Examinations.   (((1) Except as provided in WAC 196-12-050, to become licensed as a professional engineer the candidate must pass two stages of examination. The first stage is the fundamentals-of-engineering examination. The second stage examination consists of multiple parts including the principles and practice (branch) examination and law and ethics examination. The law and ethics exam is a take-home examination covering chapters 18.43 and 18.235 RCW and TITLE 196 WAC. The fundamentals-of-engineering examination must be passed, or waived in accordance with WAC 196-12-050, before taking the second stage examination.

Examinations are given at times and places designated by the board. Refer to the respective internet websites of the National Council of Examiners for Engineering and Surveying (NCEES), and the board for future examination schedules and syllabi. Examinees will not be allowed to view any examination material prior to taking the examination other than syllabi available to the public or sample examination booklets published by the National Council of Examiners for Engineering and Surveying. If one examination part is failed, only that examination part must be retaken.

(2) If a professional engineer holding a current registration in the state of Washington wants to become licensed in multiple branches of engineering, an additional principle and practice examination must be taken in each branch.

(3) The branch of structural engineering requires a series of examinations, as determined by the board, to protect the public safety. To become licensed as a professional engineer in the branch of structural engineering, the candidate must pass: The stage 1 fundamentals-of-engineering examination; the stage 2 principles and practice of engineering (PE) and the take-home law and ethics examinations; and the stage 3 examination comprised of examinations in the principles and practice of structural engineering and structural engineering issues important to Washington state.)) Examinations administered by the board, or on their behalf, will be written or oral or both to enable the board to evaluate an applicant's knowledge in the fundamentals of engineering; principles and practice of engineering; and law and ethics.

If a professional engineer holding a current registration in the state of Washington wants to become licensed in an additional branch of engineering, they must pass the principles and practice examination for each branch.

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-12-030, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. 02-01-071, 196-12-030, filed 12/14/01, effective 1/30/02; 01-09-016, 196-12-030, filed 4/6/01, effective 5/7/01; 98-12-052, 196-12-030, filed 5/29/98, effective 7/1/98; 93-01-081, 196-12-030, filed 12/15/92, effective 1/15/93; 84-04-027 (Order PL 454), 196-12-030, filed 1/25/84; 82-01-064 (Order 81-10), 196-12-030, filed 12/18/81; Order PL-129, 196-12-030, filed 7/27/72; Order PL-115, 196-12-030, filed 11/24/71; Order 11, 196-12-030, filed 9/12/68; Rule IIC, filed 11/15/65, 8/4/64; Rule IC, filed 12/26/62.]


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

WAC 196-12-045   Comity registration of applicants qualified in other jurisdictions.   (((1))) Licenses will be issued by comity only in the branches of engineering offered by the board. Applicants for registration as a professional engineer by comity must ((meet the following criteria)):

(((a) The applicant must)) (1) Complete an application on forms provided by the board and ((filed with the executive director at the board's address)) be accompanied by the appropriate fee ((pursuant to WAC 196-26A-035)).

(((b) The applicant's qualifications must meet the requirements of chapter 18.43 RCW and this chapter.

(c) The applicant is in good standing with the licensing agency)) (2) Hold a currently valid license in a board recognized licensing jurisdiction in a state, territory, possession, district, or foreign country. ((Good standing shall be defined as a currently valid license in the jurisdiction of original registration or the jurisdiction of most recent practice if different from the jurisdiction of original registration.

(d) The applicant has)) (3) Have been qualified ((by written examinations)) to meet minimum requirements for licensure as determined by the board ((to)) that adequately ((test)) measures the fundamentals and principles and practice of engineering.

(((2) The applicant will be required to pass the law and ethics examination and may be required to take and pass state specific examinations to demonstrate competency in issues specific to Washington.

(3) The original application for comity may be for multiple branches of engineering provided that the applicant has passed an examination in each branch equivalent to the examination given in the state of Washington. Licenses will be issued only in the branches of engineering offered by the board. Additional branches may be added at a later time; however, this will require submitting a new application and fee.))

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-12-045, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. 98-12-052, 196-12-045, filed 5/29/98, effective 7/1/98.]


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

WAC 196-12-050   Waiving the fundamentals-of-engineering examination.   ((An applicant who has at least twelve years of experience satisfactory to the board as identified in WAC 196-12-020(2) after obtaining a baccalaureate degree in an approved engineering curriculum as defined in WAC 196-12-020 (1)(a), (e) and (h)(i) and (ii), may request that the stage 1 fundamentals-of-engineering (FE) examination be waived and that permission be granted to take the stage 2 examination (principles and practice and law and ethics) only: Provided, That the applicant has not failed the FE examination within the last ten years.

The opportunity to waive the stage 1 examination is based on the premise that the demonstration of a solid experience record is a better measure of engineering competency than the passage of the stage 1 examination at this point in the applicant's career. It is the board's discretion, based on information provided in the application, as to whether to grant a waiver.

Teaching experience is not limited to two years for the purposes of qualifying for this waiver.

The applicant should take note that a license granted based on waiving the fundamentals exam may not be accepted by other licensing jurisdictions.)) Applicants requesting a waiver of the fundamentals of engineering examination must:

(1) Have a baccalaureate or masters degree in an approved engineering program;

(2) Have completed a minimum of twelve years of board approved engineering experience after graduation; and

(3) Not have failed the NCEES fundamentals of engineering examination within the last ten years.

Applicants with a PhD from a program approved by the board may request a waiver of the fundamentals of engineering exam.

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-12-050, filed 1/21/04, effective 2/21/04. Statutory Authority: RCW 18.43.035. 98-12-052, 196-12-050, filed 5/29/98, effective 7/1/98; 93-01-081, 196-12-050, filed 12/15/92, effective 1/15/93; 92-01-101, 196-12-050, filed 12/17/91, effective 1/17/92; 84-04-027 (Order PL 454), 196-12-050, filed 1/25/84; 82-01-064 (Order 81-10), 196-12-050, filed 12/18/81; Order PL 181, 196-12-050, filed 1/28/75; Order PL-121, 196-12-050, filed 5/3/72; Order ELS 7001, 196-12-050, filed 5/18/70; Order 11, 196-12-050, filed 9/12/68; Rule IID, filed 11/15/65, 8/4/64; Rule IE, filed 12/26/62.]


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

WAC 196-12-055   Permit for temporary ((permits -- Information required of nonresidents intending to practice thirty days or less in a calendar year)) practice.   ((Every)) Any nonresident engineer who intends to ((conduct professional)) practice ((under the exemption of RCW 18.43.130(2), shall furnish)) engineering in the state of Washington must provide the board((, a minimum of three months prior to the commencement of such work with the following information)) with the following before starting any work:

(1) A ((properly)) completed application ((as prescribed by the board)) with applicable fees.

(2) ((Jurisdiction where currently registered.

(3) Imprint of professional seal.

(4))) Dates work is to be started ((and terminated in the state of Washington. If the time differential between the starting and terminating date is in excess of thirty days in any calendar year, applicant must specify the days (totaling no more than thirty) on which the practice of engineering is to be performed in Washington)).

(((5))) (3) Name and address of client.

(((6))) (4) Description and location (address) of project ((and regulating authority (if applicable))).

(((7) Application fee as determined by the director of the department of licensing.

Upon approval of the information submitted, the board shall issue a permit to the nonresident engineer for the temporary practice of engineering in Washington.)) (5) Name and contact information for local permitting authority.

Plans, specifications, and reports prepared by the nonresident engineer ((shall)) must be signed, dated, and stamped with their professional seal. A copy of the permit issued by this board shall be attached to the engineering documents submitted for approval or building permit.

((The exemption contained in RCW 18.43.130(2) shall only apply to individuals. Corporations and partnerships shall not practice in Washington unless authorized to do so under RCW 18.43.130 (8) and (9).))

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-12-055, filed 1/21/04, effective 2/21/04.]


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

WAC 196-12-065   Retired status ((certificate of registration)).   ((In accordance with RCW 18.43.075, any individual who has been issued a certificate of registration, in accordance with chapter 18.43 RCW, as)) A professional engineer having reached ((at least)) the age of sixty-five and having discontinued active practice as ((an)) a professional engineer may be eligible ((to obtain a "retired certificate of registration." If granted, further certificate of registration renewal fees are waived. For the purpose of this provision, "active)) for retired status. "Active practice" is defined as exercising direct supervision and control over ((the development and production of an engineering document as provided in RCW 18.43.070 and/or any related activities pertaining to the offer of and/or the providing of)) any professional engineering ((services)) activity as defined in RCW 18.43.020(5).

(1) ((Applications. Those persons wishing to obtain the status of a retired registration shall complete an application on a form as provided by the board. Applications shall be sent to the executive director at the address of the board. Upon receipt of said application and, if deemed eligible by the board, the retired status would become effective on the first scheduled renewal date of the certificate of registration that occurs on or after the applicant reaches the age of sixty-five. It shall not be necessary that an expired certificate of registration be renewed to be eligible for this status. The board will not provide refund of renewal fees if the application for "retired" status is made and granted before the date of expiration of the certificate of registration.)) Request for retired status. Upon approval, a request for retired status will be granted effective the next scheduled renewal date.

(2) ((Privileges. In addition to the waiver of the renewal fee, a retired registrant is permitted to)) A licensee on retired status may:

(a) Retain the board issued wall certificate of registration;

(b) Use the title retired professional engineer (((PE), provided that it is supplemented by the term retired, or the abbreviation "ret"));

(c) Work as an engineer in a volunteer capacity, provided that the retired ((registrant)) licensee does not create an engineering document((, and does not)) or use their seal((, except as provided for in (d) of this subsection));

(d) Provide experience verifications and references for persons seeking registration ((under chapter 18.43 RCW. If using their professional seal the retired registrant may place the word "retired" in the space designated for the date of expiration));

(e) Serve ((in)) as an ((instructional capacity on engineering topics)) instructor;

(f) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to engineering work performed by the ((registrant before they were granted a retired registration)) licensee;

(g) Serve in a function that supports the principles of registration and/or promotes the profession of engineering, such as members of commissions, boards or committees;

(h) Serve in an engineering capacity as a "good samaritan((," as set forth in))." The state laws governing such activity are RCW 38.52.195 and 38.52.1951((, provided said work is otherwise performed in accordance with)) and chapter 18.43 RCW.

(3) ((Restrictions. A retired registrant is not permitted to)) A licensee on retired status must not:

(a) Perform any engineering activity, as provided for in RCW 18.43.020(5), unless ((said)) the activity is under the direct supervision of a ((Washington state)) licensed professional engineer ((who has a valid/)) with an active registration in ((the records of the board)) Washington;

(b) Act as the designated engineer ((or the engineer in responsible charge)) for a ((Washington engineering)) corporation or ((Washington engineering)) limited liability company;

(c) Apply their professional engineers seal((, as provided for in RCW 18.43.070,)) to any plan, specification, plat or report((, except as provided for in subsection (2)(d) of this section)).

(4) Certificate of registration reinstatement. A retired ((registrant, upon written request to the board and payment of the current renewal fee,)) licensee may resume active engineering practice with payment of the current renewal fee. ((At that time the retired registrant shall be removed from retired status and placed on valid/active status in the records of the board. All rights and responsibilities of a valid/active registration will be in effect. At the date of expiration of the reinstated certificate of registration, the registrant may elect to either continue active registration or may again apply for retired registration in accordance with the provisions of this chapter.))

(5) Exemptions. ((Under no circumstances shall a registrant be eligible for a retired registration if their certificate of registration has been revoked, surrendered or in any way permanently terminated by the board under RCW 18.43.110. Registrants who are suspended from practice and/or who are subject to terms of a board order at the time they reach age sixty-five shall not be eligible for a retired registration until such time that the board has removed the restricting conditions.

(6) Penalties for noncompliance. Any violations of this section shall be considered "misconduct and/or malpractice" as defined in RCW 18.43.105. Such violations are subject to penalties as provided for in RCW 18.235.110 and 18.43.120.)) A licensee is not eligible for retired status if their license to practice is under board ordered sanction. This exemption exists until the sanctions have been lifted or satisfied by the board.

[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, 196-12-065, filed 1/21/04, effective 2/21/04.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 196-12-035 Examination review and request for rescore of examination questions.

Washington State Code Reviser's Office