WSR 14-03-029 PERMANENT RULES DEPARTMENT OF LICENSING [Filed January 8, 2014, 10:11 a.m., effective February 8, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: The national examinations for fundamentals of engineering and land surveying changed to a computer based format on January 4, 2014. Part of that transition involves simplified online registrations that will enable our program to greatly reduce our workload on application processing. The program does not feel there is a need to collect processing fees from the fundamentals of engineering and fundamentals of land surveying exam applicants and is requesting suspension of the application processing and reexam fees.
Housekeeping amendments to other sections of chapter 196-26A WAC were made to update current language.
Citation of Existing Rules Affected by this Order: Repealing WAC 196-26A-070 and 196-26A-110; and amending WAC 196-26A-010, 196-26A-020, 196-26A-025, 196-26A-030, 196-26A-035, 196-26A-040, 196-26A-050, 196-26A-055, and 196-26A-100.
Statutory Authority for Adoption: RCW 18.43.080.
Other Authority: RCW 43.24.086.
Adopted under notice filed as WSR 13-23-072 on November 19, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 2.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 9, Repealed 2.
Date Adopted: January 8, 2014.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-010 State fee authority, applications and payment procedures.
The board of registration for professional engineers and land surveyors (board) reviews and approves registration applications for all examinations under the provisions of chapter 18.43 RCW. The state fees listed in this chapter are adopted by the director of the department of licensing (department) in accordance with RCW 43.24.086. ((For registration under provisions of chapter 18.43 RCW,)) The required state fees as listed in WAC 196-26A-025 must accompany all registration applications. If payment is made by check or money order, the payment should be made payable to the ((state treasurer)) department of licensing. Should an applicant be judged ineligible for examination, the fee paid to the department of licensing shall be retained to cover the costs of processing. An applicant who fails an examination may ((be scheduled for a retake)) reapply to the board for examination by paying the required fee ((within the time frame established by the board of registration for professional engineers and land surveyors (board))) and providing any information requested. Applicants who fail to appear for their scheduled examination will forfeit their fees ((as determined by the board)). Applicants may withdraw from ((a scheduled)) an examination without forfeiting their fees by submitting a written notice to the board ((office)) by the date established by the board.
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-020 Examination vendor, procedures and costs.
The board ((has determined the National Council of Examiners for Engineering and Surveying (NCEES))) shall determine the vendor, if any, who will administer ((their)) examinations on their behalf ((of the board)). In addition to applicable state fees, ((all approved applicants are charged by NCEES for the costs of examinations, exam)) the vendor may collect from the applicants the charges of examination development, examination administration and grading. ((All these costs must be paid in advance by the applicant to NCEES to reserve a seat at the examination. Applicants who have not paid the required costs will not be admitted to the examination. Applicants who fail to appear for their scheduled examination will forfeit all moneys paid to NCEES. The schedule of the costs charged by NCEES is available from NCEES or the board offices.)) Terms and conditions for payment of the charges to the vendor are determined by the vendor.
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-025 State fees for examinations.
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-030 Applications for comity licensure and temporary permits.
For comity licensure under the provisions of chapter 18.43 RCW, ((the required state fee)) a nonrefundable state fee must accompany all applications. Payment by check or money order must be made payable to the ((Washington state treasurer. Should an applicant be judged ineligible for licensure by comity, the fee submitted shall be retained to cover the cost of processing)) department of licensing. A temporary permit to practice engineering in the state of Washington is available to nonresidents for a period of not to exceed thirty days total in any one-year period. Eligible applicants must have a valid license to practice engineering in the United States, have no outstanding disciplinary actions against their licensure and meet the experience requirements for licensure in Washington. Temporary permits must be issued prior to any authorized practice in Washington.
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-035 State fees for comity licensure and temporary permit applications.
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-040 Renewals for professional engineer and professional land surveyor licenses.
The date of renewal, renewal interval and renewal fee is established by the director of the department of licensing in accordance with chapter 43.24 RCW. ((To renew a license, the licensee must: (1) Include payment of the renewal fee; (2) Include the licensee's Social Security number as provided for by RCW 26.23.150; and (3) Include any name/address changes that apply. If)) A completed application for renewal requires payment of a fee, and any information specified by the board in the renewal notice. For a professional land surveyor the renewal application requires completion of professional development requirements. If a completed application for renewal has not been received by the department by the date of expiration (postmarked before the date of expiration if mailed or transacted online before the date of expiration), the license ((becomes)) is invalid. ((Licensees who fail to pay the renewal fee within)) Renewals that remain expired over ninety days ((of)) past the date of expiration ((are required to pay an additional)) require payment of a penalty fee equivalent to the fee for a one-year renewal((. It is the responsibility of each licensee to renew their license in a timely manner regardless of)) in addition to the base renewal fee. The licensee is responsible to ensure timely renewal whether or not they received a renewal notice from the department. The licenses for individuals registered as professional engineers or professional land surveyors shall be renewed every two years or as otherwise set by the director of the department of licensing. The date of ((renewal)) expiration shall be the licensee's date of birth. The initial license issued to an individual shall expire on the ((licensee's)) next occurrence of his or her birth date. ((However,)) If the ((licensee's)) next birth date is within three months of the initial date of licensure, the original license shall expire on his or her second birth date following original licensure.
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-050 Application for certificate of authorization.
((Except for professional service corporations (PS) and professional service limited liability companies (PLLC) as defined by the Washington secretary of state,)) All corporations, joint stock associations and limited liability companies that offer engineering or land surveying services to the public must obtain a certificate of authorization from the board. Each application must be accompanied by the ((required)) nonrefundable state fee made payable to the ((state treasurer. Should an applicant be judged ineligible for certificate of authority, the fee submitted shall be retained to cover the cost of processing)) department of licensing.
AMENDATORY SECTION (Amending WSR 02-13-080, filed 6/17/02, effective 9/1/02)
WAC 196-26A-055 Renewal of certificate of authorization.
The date of renewal, renewal interval and renewal fee are established by the director of the department of licensing in accordance with chapter 43.24 RCW. ((To renew a certificate of authorization,)) A complete application for renewal requires payment of a fee, and any information specified by the board in the renewal notice such as changes to: Name of firm, services offered, business address, and names of licensee(s) designated in responsible charge for the services provided. The payment of the renewal fee must be received by the department by the date of expiration (postmarked if renewal is mailed by U.S. mail) or the certificate of authorization ((becomes)) is invalid((. The complete renewal must include any changes to: The name of firm, scope of services offered, mailing address of firm and name and address of licensee(s) named in responsible charge for the services provided. A certificate of authorization that is expired is invalid)) on the date of expiration.
AMENDATORY SECTION (Amending WSR 06-06-019, filed 2/21/06, effective 3/24/06)
WAC 196-26A-100 Suspended fees.
((Effective March 1, 2006 the following fees will have the listed portions suspended from collection until July 1, 2008.)) All applicants for the NCEES fundamentals of engineering examination and the fundamentals land surveying examination, administered after January 1, 2014, will have the board application processing fee suspended from collection.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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