WSR 10-09-056

PROPOSED RULES

BOARD OF REGISTRATION

FOR PROFESSIONAL ENGINEERS

AND LAND SURVEYORS

[ Filed April 16, 2010, 8:41 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-06-076.

     Title of Rule and Other Identifying Information: New chapter 196-13 WAC, Professional engineer licensure by comity.

     Hearing Location(s): Comfort Inn & Suites, 19333 International Boulevard, Room 243, SeaTac WA, 98188, on May 27, 2010, at 6:00 p.m.

     Date of Intended Adoption: June 10, 2010.

     Submit Written Comments to: George A. Twiss, PLS, Executive Director, Board of 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 25, 2010.

     Assistance for Persons with Disabilities: Contact Kim King, administrative assistant, by May 24, 2010, TTY (360) 664-8885 or (360) 664-1564.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new rule is being created to address issues to applicants that are seeking licensure in Washington that are currently licensed in non-United States jurisdictions and the United States without an examination.

     Reasons Supporting Proposal: The board has looked at the equivalency between the licensure process common to Canadian associations and those common in the United States. License mobility for eligible United States and Canadian professional engineers will be promoted with the adoption of the new rule.

     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 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 16, 2010

George A. Twiss

Executive Director

OTS-3025.2

Chapter 196-13 WAC

PROFESSIONAL ENGINEER LICENSURE BY COMITY


NEW SECTION
WAC 196-13-010   Purpose of rules.   The rules within this chapter identify the requirements and conditions for the board of registration for professional engineers and land surveyors (board) to consider qualified applicants from U.S. states, U.S. territories or recognized foreign jurisdictions.

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NEW SECTION
WAC 196-13-020   Board review of applications.   The board may use any one or combinations of the following procedures in determining if an applicant is eligible for licensure under this chapter:

     (1) Detailed review and evaluation of application;

     (2) Interviews with applicant's references;

     (3) Review of examples of applicant's work product;

     (4) Oral interview/examination with applicant.

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NEW SECTION
WAC 196-13-030   Eligibility.   Licensure by comity under this chapter is NOT applicable to an applicant who:

     (1) Is seeking licensure in structural engineering without having passed a board approved structural examination; or

     (2) Has attempted and failed any of the engineering principle and practice examinations developed by the board or the National Council of Examiners for Engineering and Surveying (NCEES) within the six years immediately preceding the date of application; or

     (3) Has a record of disciplinary action against his or her license where findings of negligence or incompetence were proven by competent judicial or administrative authority.

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NEW SECTION
WAC 196-13-100   Application requirements.   The board may grant licensure as a professional engineer to a United States or Canadian professional engineer who satisfies the following:

     (1) Has an active license as a professional engineer in a U.S. state or U.S. territory or as a professional engineer member in a constituent member organization of Engineers Canada; and

     (2) Has educational experience acceptable to the board; and

     (3) Has engineering practice experience acceptable to the board. The board may require up to six years of engineering experience after the initial date of licensure as a professional engineer. The experience shall include two years of engineering practice on projects in the United States or in an environment acceptable to the board where codes similar to those used in the United States were applied; and

     (4) Has identified three or more professional engineers who can serve as references, acceptable to the board, and are able to attest to the applicant's credibility, ethical conduct, and technical competence as a professional engineer.

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