WSR 20-22-072

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed November 2, 2020, 10:46 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 19-07-064.

Title of Rule and Other Identifying Information: Chapter 308-12 WAC, Architects.

Hearing Location(s): On December 9, 2020, at 1:00 p.m. Telephonic public hearing, call-in number 360-407-3780, Conference PIN code: 947159#. In response to the coronavirus disease 2019 (COVID-19) public health emergency, the department of licensing (DOL) will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without a physical space, will be held instead. Board members, presenters, and staff will all participate remotely. The public may call in using the information provided for the telephonic conference.

Date of Intended Adoption: December 10, 2020.

Submit Written Comments to: Julie Konnersman, DOL, Washington State Board for Architects, P.O. Box 9020, Olympia, WA 98507-9020, email jkonnersma@dol.wa.gov, fax 360-570-7098, by December 9, 2020.

Assistance for Persons with Disabilities: Contact Shari Honeywell, phone 360-764-6175, fax 360-570-7098, TTY 711, email shoneywell@dol.wa.gov, by December 8, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Updated language is necessary to support the new licensing system upgrade and its requirements and anticipated changes to chapter 18.08 RCW. Update application language to clarify the various application requirements. New language is being added to clarify existing signature requirements including electronic.

Reasons Supporting Proposal: To streamline the application process for licensees and applicants; and fulfill system requirements necessary to apply online. To align the signature requirements, including electronic, with the other design programs regulated by the regulatory boards section.

Statutory Authority for Adoption: RCW 18.08.340.

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

Name of Proponent: DOL, governmental.

Name of Agency Personnel Responsible for Drafting: Julia Manley, 405 Black Lake Boulevard S.W., Olympia, WA 98502, 360-664-6557; Implementation and Enforcement: Rick Storvick, 405 Black Lake Boulevard S.W., Olympia, WA 98502, 360-664-1387.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. These rule changes will impact all architect licensees but they will have no to minimal costs to implement and comply. The changes are administrative in nature, such as simplifying the administrative tasks to obtain a license and aligning signature requirements with other design programs.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Explanation of exemptions: The changes will shorten the amount of time applicants spend in the managed training program to align with national standards. There are no new fees or changes to current fees required with this update. Current licensees will not be required to purchase new stamps. Given the efforts to streamline the licensing administrative process it is possible licensees may see cost savings either real or in staff time for processing.

November 2, 2020

Damon Monroe

Rules Coordinator

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-005Definitions.

(1) "Architect of record" is the architect whose ((name appears on the building permit))stamp or seal appears on the technical submission.

(2) "ARE" or "examination" means the architect registration examination written and administered by NCARB.

(3) "AXP" means the Architecture Experience Program established by NCARB, which is the structured training program currently recognized by the Washington state board for architects.

(4) "Building" means "structure" as defined in RCW 18.08.320.

(((4)))(5) "Direct supervision," as in 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.

(((5)))(6) "Entire examination" as referred to in RCW 18.08.360(3) means all divisions of the ARE.

(((6)))(7) "Institution of higher education" as used in RCW 18.08.320 means a college or school recognized by the National Architectural Accreditation Board (NAAB) as having accredited programs in architecture.

(((7) "Intern development program" or "IDP" is a structured internship training program designed to provide a profession-wide, comprehensive program that contributes to the development of competent architects.))

(8) "IPAL" means the Integrated Path to Architectural Licensure established by NCARB and is a structured path to earning an architectural license that gives students the opportunity to complete all core licensure requirements while earning a degree.

(9) "NAAB" means National Architectural Accreditation Board.

(10) "NCARB" means the National Council of Architectural Registration Boards, of which the Washington board is a member.

(((9)))(11) "Practical architectural work experience" means performing activities involved in the practice of architecture, as defined in RCW 18.08.320 and meeting the criteria in RCW 18.08.350.

(((10) Professional development equivalents:

(a) One professional development hour (PDH) is equal to no less than fifty minutes of instruction.

(b) For professional development through an institution of higher education:

(i) One semester hour equals forty-five PDH.

(ii) One quarter hour equals thirty PDH.

(11)))(12) "Technical submission" means designs, drawings, specifications, studies, and other technical documents prepared ((in the course of practicing architecture))for the submission to public authorities.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-010How does the state board function?

The Washington state board for architects, hereafter called the board, shall hold quarterly regular public meetings each year. Additional ((public))special meetings may be held at such times and places as the board may deem necessary. At its regular meeting during the second quarter of the calendar year, the board will elect a chair, a vice chair and a secretary for the upcoming year.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-016What are the board member rules of conduct?

(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))has a close relationship with an individual or organization who is the subject of a board action, the member shall:

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

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

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

(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) (("Transaction involving the board":

(a) 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) 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, deliberation, determination, finding, ruling, or order; ((and))or

(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.

(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 or herself 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 or herself from any board investigation, discussion, deliberation and vote with respect to his employer's application for licensure.

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 or herself 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.))

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-023How do I become a licensed architect?

You need to fulfill three general requirements before getting your license: Education, examination, and experience. If you are already licensed in another NCARB-recognized jurisdiction, you will need to verify you have met these requirements before being licensed in Washington. The board may request additional information ((or an oral interview, if))as necessary. You must also satisfactorily complete ((a review of laws related to the practice of architecture as determined by the board))the Washington state law review exam.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-025What qualifications do I need to meet ((if I am not already licensed))for initial licensure?

If you are not licensed in another jurisdiction, your combination of education and experience will determine what you need to do to get your license (see the chart below). To become licensed, register through NCARB and they will guide you through both the AXP and the ARE.

((Education type	Accredited professional degree (typically five-year bachelor of architecture or six-year master of architecture)	An equivalent degree, awarded by EESA (education evaluation services for architects) for candidates from a nonaccredited U.S. architectural school or a foreign architectural school	A preprofessional degree in architecture (typically four-years) from a program offering an accredited degree	Postsecondary study in architecture or related fields, with passing grades, in increments of one year, will receive up to three years credit	A degree in architectural technology (typically a two-year community college or trade school degree)	High school diploma or equivalent
Practical architectural work experience	Gained during IDP		Two years under the direct supervision of an architect	Three or more years depending on your education credit	Four years	Six years
				Three of these years must be under the direct supervision of an architect
IDP	Contact NCARB to find out when you can enroll in IDP		You can't enroll in IDP until you complete the practical architectural work experience
When to apply to take the ARE	You can start taking the ARE through NCARB while enrolled in IDP	Apply to the board after you have completed the practical architectural work experience and IDP
When can you get your license	Apply to the board after you have completed your IDP and ARE	Apply to the board after you have completed the ARE
Additional materials	All candidates must complete the Washington law review))

(1) If you have an NAAB accredited architectural degree, or are enrolled in an IPAL program, you ((need to))must complete ((IDP))the AXP and the ARE. ((If you choose, you can take the exams while you are completing IDP. NCARB will register and guide you through both IDP and the ARE.)) The board also requires a review of Washington's laws and rules relating to the practice of architecture.

(2) If you do not have an NAAB accredited architectural degree, you must have:

(a) A high school diploma or equivalent ((and at least nine years' practical architectural work experience.

(1)));

(b) You must complete the ARE; and

(c) You must have at least ((six years of))eight years' practical architectural work experience ((before enrolling in IDP.

(a)))that includes the completion of the AXP.

(i) At least three of these years of work experience must be under the direct supervision of a licensed architect and be completed outside of the experience reported in the AXP.

(((b)))(ii) The remaining three years can be any combination of the following as approved by the board:

(((i)))(A) Postsecondary education courses in architecture, architectural technology or a related field((.

(A) Related fields may include the following:

(I)))including, but not limited to, environmental design; (((II)))urban planning; (((III)))landscape architecture; (((IV)))construction management; (((V)))civil engineering; (((VI)))naval architecture; (((VII)))interior architecture; (((VIII)))other fields as determined by the board.

(B) ((With a passing grade, thirty semester credit hours or forty-five quarter hours are considered to be one year. Any fraction, one-half year or greater, will be counted one-half year, and less than one-half year will not be counted.

(ii) Practical architectural work experience may be accrued simultaneously while educational credit is being accrued and will receive credit if it is as follows:

(A) At least thirty-five hours per week for at least ten consecutive weeks - One hundred percent.

(B) At least twenty hours per week for at least six continuous months - Fifty percent.

(2) After you complete IDP, apply to the board to take the ARE. When your application is approved, board staff will register you to take the ARE. You will pay the fees for examination and reexamination directly to NCARB.

(3) The board also requires a review of Washington's laws and rules relating to the practice of architecture.))A year consists of three quarters (45 credit hours), or two semesters (30 credit hours), or as otherwise defined by the postsecondary school attended. You may earn a partial year of experience as follows: Each quarter (15 credits) completed equals four months of experience; each semester (15 credits) completed equals six months of experience. Experience will not be awarded for increments less than 15 credits or its equivalent.

(iii) Practical architectural work experience may be accrued simultaneously while earning postsecondary educational credit.

Part-time work will accrue on a prorated basis.

(3) The board also requires satisfactory completion of the Washington state law review exam.

Architect – Draft rule changes

Education type	Accredited professional degree (B.Arch or M.Arch) Or Enrolled in IPAL	An equivalent degree, awarded by EESA (education evaluation services for architects) for candidates from a nonaccredited U.S. architectural school or a foreign architectural school	A preprofessional degree in architecture (typically four-years) from a program offering an accredited degree	Postsecondary study in architecture or related fields, with passing grades, in increments of one year, will receive up to three years credit	A degree in architectural technology (typically a two-year community college or trade school degree)	High school diploma or equivalent
Practical architectural work experience	Gained during AXP		AXP PLUS Two additional years under the direct supervision of an architect	AXP PLUS Three or more additional years depending on your education credit	AXP PLUS Four additional years	AXP PLUS Six additional years
				Three of these additional years must be under the direct supervision of an architect
AXP	After graduating high school, contact NCARB to enroll in AXP and begin reporting experience
When to apply to take the ARE	You can start taking the ARE through NCARB while enrolled in AXP or actively participating in an NCARB-accepted Integrated Path to Architectural Licensure (IPAL) option within a NAAB-accredited professional degree program in architecture while enrolled in AXP	After completing and submitting the board's official application form with payment contact NCARB to register for the ARE
When can you get your license	Apply to the board after you have completed your AXP and ARE	Apply to the board after you have met the education and/or experience requirements and have completed the AXP and ARE
Additional materials	All candidates must complete the Washington law review

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-028What is the application process ((if I am not already licensed))for initial licensure as an architect?

(1) If you have an NAAB accredited architectural degree, or are enrolled in an IPAL program:

(a) Contact NCARB to register for ((IDP))the AXP and the ARE. You will pay the fees for examination and reexamination directly to NCARB.

(b) When you have finished ((IDP))the AXP and the ARE:

(i) Have NCARB transmit your council record directly to the board office, showing evidence of your qualifications, ((experience)) and successful completion of the ((ARE, as shown by your council record, directly to the Washington board office))AXP and the ARE.

(ii) Complete the board's official application form with the application fee and initial license fee and submit it to the board office. The application fee is not refundable.

(iii) ((Complete a review of Washington's laws and rules relating to the practice of architecture.))Satisfactorily complete the Washington state law review exam.

(2) If you do not have an accredited architectural degree:

(a) Complete the board's official application form with the application fee and submit it to the board office. The application fee is not refundable.

(b) Contact NCARB to register for the AXP and the ARE. You will pay the fees for examination and reexamination directly to NCARB.

(c) Using the board's application forms, have the licensed architects who have reviewed your practical work experience provide verification of your experience directly to the board office.

(((c) Once your application is approved, contact NCARB to register for IDP.

(d) Complete IDP and have NCARB transmit your council record directly to the Washington board office. Board staff will register you for the ARE. You will pay the fees for examination and reexamination directly to NCARB.

(e) Successfully complete the ARE.

(f) Submit the initial license fee to the board office.

(g) Complete a review of Washington's laws and rules relating to the practice of architecture.))(d) If applicable, have your college or university submit, directly to the board office, official sealed transcript(s) showing any applicable courses you have taken.

(e) Once you successfully complete all education/experience requirements, the AXP and the ARE have NCARB transmit your council record directly to the board office.

(f) Submit the initial license fee to the board office.

(g) Satisfactorily complete the Washington state law review exam.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-031Who manages the ((required intern training program and examination))AXP and administers the ARE examination?

((The National Council of Architectural Registration Boards (NCARB)))NCARB maintains and validates the continuing, comprehensive record of ((internship)) training and the board has adopted NCARB's ((Intern Development Program (IDP)))AXP as the board-approved structured ((intern)) training program. The board has adopted the NCARB ((Architect Registration Examination (ARE)))ARE and grading procedure prepared by NCARB as the state examination for licensure. NCARB administers the entire examination for Washington candidates, and collects examination and reexamination fees accordingly. Candidates ((with an accredited architectural degree)) may take portions of the examination concurrently while enrolled in ((IDP))the AXP. No review or appeal of failed examinations is accepted by the department or the board.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-050What qualifications do I need to meet if I am already licensed?

(1) If you hold an active architect license in good standing in any jurisdiction recognized by NCARB, you can apply for a Washington license if your qualifications and experience meet one of the following:

(((1)))(a) You have an NCARB certificate. The board recognizes NCARB certification to include certification through the broadly experienced architect and/or broadly experienced foreign architect programs;

(((2)))(b) You do not have an NCARB certificate, but you have satisfactorily completed the ARE or an examination as approved by the board((, including a test component or licensing requirement addressing seismic structure as determined by the board;)) and:

(((a)))(i) Have been licensed as an architect ((nine))eight or more years; or

(((b) Have an NAAB-degree and have completed IDP.))(ii) Have met the educational and experience requirements of WAC 308-12-025, and have completed the AXP.

(2) If your architect license is from a jurisdiction not recognized by NCARB, you will need to apply for initial licensure as described in WAC 308-12-028.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-055What is the application process if I am already licensed in an NCARB recognized jurisdiction?

(1) If you are currently licensed and have an NCARB certificate:

(a) Complete the board's official application form and submit it to the board office with the reciprocity application fee and the initial license fee. The application fee is not refundable.

(b) Have NCARB transmit evidence of your certification directly to the Washington board office.

(c) ((Complete a review of Washington's laws and rules relating to the practice of architecture.))Satisfactorily complete the Washington state law review exam.

(2) If you are licensed in an NCARB-recognized jurisdiction and ((don't))do not have an NCARB certificate:

(a) Complete the board's official application form and submit it to the board office with the reciprocity application fee and the initial license fee. The application fee is not refundable.

(b) Request certification be sent directly from the issuing jurisdiction to the ((Washington)) board office, verifying you have successfully passed the ARE, and:

(i) Have held an active license for ((nine))eight or more years; or

(ii) Have held an active license for less than ((nine))eight years and have ((one or more of the following))either:

(A) An ((NAAB-degree and have completed IDP))NAAB accredited architectural degree, as shown by ((your IDP record))an official sealed transcript sent directly to the board office by the college or university and have completed the AXP as shown by your AXP record sent directly to the ((Washington)) board office from NCARB;

(B) A combination of education and experience, including completion of the AXP, totaling eight years, as shown by:

(I) An official sealed transcript showing any applicable courses you have taken from a community college, technical college, or university. The transcript must be sent directly from the college or university to the board office; ((and))

(II) Verification of practical architectural work experience, on the board's application forms, ((completely))completed by licensed architects who have reviewed your practical work experience and sent directly to the board office; and

(III) Your AXP record sent directly to the board office from NCARB.

(3) Satisfactorily complete a review of ((Washington's laws and rules relating to the practice of architecture))Washington state law review exam.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-081Do I need a stamp or seal?

Every architect licensed in the state of Washington must have a seal of design authorized by the board, bearing the registrant's name, license number and the legend "Registered architect, state of Washington." An example of the board-authorized seal appears below. Deviations are not allowed.

You must sign and seal all technical submissions required for building permits or regulatory approvals that are filed with authorities having jurisdiction.

(1) Drawings prepared by you must be signed and sealed on each sheet.

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

(3) The seal may be electronic.

You may only sign and seal drawings prepared by you, or in one of the following ways:

((•))(a) By your regularly employed subordinates and reviewed by you;

((•))(b) By an individual or firm under direct subcontract with you, if the signing and sealing architect has reviewed and coordinated the preparation of the work, or has integrated the work into their own technical submissions;

((•))(c) In collaboration with an architect licensed in a jurisdiction recognized by the board provided there is a contractual agreement between you and that architect, if the signing and sealing architect has reviewed and coordinated the preparation of the work, or has integrated the work into their own technical submission.

By signing and sealing ((drawings or specifications))technical submissions, you become the architect of record and are responsible to the same extent as if you prepared the ((drawings or specifications))technical submissions yourself.

Without exception, these stamping requirements apply to all work filed with public authorities you prepare or review, or that is prepared under your personal supervision by persons under your direction and control, regardless whether the work is exempt from the licensing requirements found in RCW 18.08.410.

(((3)))(4) The term "signature" or "signed" as used in chapters 18.08 RCW and/or 308-12 WAC, means the following:

(a) A handwritten identification or a digital representation of your handwritten identification that represents the act of putting your name on a document to attest to its validity. The handwritten or digital identification must be:

(i) Original and written by hand, or a scanned image of an original, handwritten identification;

(ii) Permanently affixed to the document(s) being certified;

(iii) Applied to the document by the identified licensee or by their designee under the direction of the licensee;

(iv) Placed across the seal/stamp of the licensee.

(b) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification may include a scanned or digitized signature. The digital identification must be:

(i) Unique to the licensee using it;

(ii) Capable of independent verification;

(iii) Under the exclusive control of the licensee using it; and

(iv) Linked to a document in such a manner that a digital identification is invalidated if any data in the document is changed.

AMENDATORY SECTION(Amending WSR 15-15-034, filed 7/8/15, effective 8/8/15)

WAC 308-12-205Architect fees.

(((1) Suspension of fees. Effective July 1, 2015, the listed fees shown in subsection (2) of this section are suspended and replaced with the following:

Title of Fee		Fee
Individuals:
	Examination application	$50.00
	Reciprocity application	250.00
	Initial licensure	75.00
	License renewal (2 years)	75.00
	Late renewal penalty	25.00
	Duplicate license	15.00
Business entities:
	Certificate of authorization	100.00
	Certificate of authorization renewal	50.00

The fees set forth in this section shall revert back to the fee amounts shown in subsection (2) of this section on July 1, 2017.

(2))) The following fees shall be charged by the business and professions division of the department of licensing:

Title of Fee		Fee
Examination application		$100.00
Reciprocity application		390.00
Initial licensure		99.00
License renewal (2 years)		99.00
Late renewal ((penalty))fee		33.00
Duplicate license		15.00
Business entities:
	Certificate of authorization	278.00
	Certificate of authorization renewal	139.00

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-215How do I renew my license?

The architect license renewal period is two years. Your expiration date is your birthday. You must notify the board in writing of any address changes.

You are responsible for renewing your license regardless of receiving a renewal notice from the department. If you fail to renew your license, your license is delinquent and you are prohibited from offering and/or providing professional architect services until your license is reinstated.

(1) If your license has been delinquent less than two years, send to the department:

(a) A letter requesting reinstatement, including certification of having met current professional development requirements; and

(b) The current renewal fee plus the late ((penalty)) fee.

(2) If your license has been delinquent over two years but less than five years, send to the department:

(a) A letter requesting reinstatement, including certification of having met current professional development requirements; and

(b) Payment from the previous renewal cycle, the current renewal fee, and the late ((penalty)) fee.

(3) If your license has been delinquent five or more years, send to the department:

(a) A letter of application requesting reinstatement;

(b) Payment from all previous renewal cycles, the current renewal fee, and the late ((penalty)) fee;

(d) Evidence of completion of thirty-six PDH within the previous three years. See WAC 308-12-260 for qualifying activities.

(4) If your license has been delinquent five or more years, the board will review all of your reinstatement materials. They may request additional information if necessary.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-240How do I reactivate my inactive license?

(1) If you are returning to active status from less than five years of inactive status, send to the department:

(a) A letter of application requesting reactivation;

(b) The current renewal fee;

(c) Evidence of completion of twenty-four PDH within the previous two years. See WAC 308-12-260 for qualifying activities.

(2) If you are returning to active status after five years of inactive status, send to the department:

(a) A letter of application requesting reinstatement;

(b) The current renewal fee plus the late ((penalty)) fee;

(d) Evidence of completion of thirty-six PDH within the previous three years. See WAC 308-12-260 for qualifying activities.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-250Do I need ongoing professional development to maintain my license?

(1) To maintain active practice, you must accumulate twenty-four professional development hours (PDH) for the upcoming two-year renewal period.

(2) The PDH you accumulate are subject to audit by the board.

(3) Up to twelve PDH over the required hours can be carried forward from the second year of your previous renewal period.

(4) Professional development equivalents:

(a) One professional development hour (PDH) is equal to no less than fifty minutes of instruction.

(b) For professional development through an institution of higher education:

(i) One semester hour equals forty-five PDH.

(ii) One quarter hour equals thirty PDH.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-270How do I record and report my professional development activities?

In order to renew your license, you must attest to having completed the required professional development hours for that renewal period.

(1) You must maintain the records of your professional development activities. The records must include the date of the activity, the provider's name (if any), a description of activity and its location and the number of PDH.

(2) ((You must keep your records for the cumulative time in the current renewal period plus the three years before the last renewal (five years total).

(3) By renewing your professional architect license, you attest you have completed the required professional development for that renewal period.))The board will audit a random sample of licensees applying for renewal. If you are selected for an audit, the board will provide instructions about how to respond.

(3) You may face disciplinary action for failing to complete your professional development requirement or falsifying your records.

(4) If an audit disqualifies credits that you reported to the board and results in you failing to complete the PDH requirements, the board may require the shortage to be made up over a period of time established by the board.

(5) It is recommended that you keep your records for a period of ten years.

AMENDATORY SECTION(Amending WSR 11-11-019, filed 5/9/11, effective 7/1/11)

WAC 308-12-330What are the standards of professional practice?

(1) Competence.

(a) When practicing architecture, you must act with reasonable care and competence, and must apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality and similar type projects.

(b) When designing a project, you must take into account all applicable state and municipal building laws and regulations. You may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such regulations. You must not knowingly design a project in violation of such laws and regulations.

(c) You must perform professional services only when you, together with those you may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved.

(((d) You will not be permitted to practice architecture if, in the board's judgment, your professional competence is substantially impaired by physical or mental disabilities.))

(2) Conflict of interest.

(a) You must not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

(b) You must fully disclose in writing to your client or employer the nature of any business association or direct or indirect financial interest which is substantial enough to influence your judgment in connection with the performance of professional services. If your client or employer objects to such association or financial interest, you must either terminate such association or interest or offer to give up the commission or employment.

(c) You must not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

(d) When acting as the interpreter of building contract documents and the judge of contract performance, you must render decisions impartially, favoring neither party to the contract.

(3) Full disclosure.

(a) You must disclose any compensation received for making public statements on architectural questions.

(b) You must accurately represent qualifications and scope of responsibility to prospective or existing clients or employers for work for which you are claiming credit.

(c) In the course of work on a project, if you become aware of a decision made by your employer or client, against your advice, which violates applicable state or municipal building laws and regulations and which will, in your judgment, materially and adversely affect the safety to the public of the finished project:

(i) You must report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations, refuse to consent to the decision, and terminate services on the project when you reasonably believe decisions will be made against your objection. ((In the case of a termination in accordance with (c)(i) of this subsection, you shall have no liability to your client or employer because of such termination.))

(ii) You must not deliberately make a materially false statement or deliberately fail to disclose a material fact in connection with your application for registration or renewal.

(iii) You must not assist a person in applying for registration when you know the applicant is unqualified in education, training, experience, or character.

(iv) If you possess knowledge of a violation of these rules by another architect, you must report such knowledge to the board.

(4) Compliance with laws.

(a) You must not, in the conduct of architectural practice, knowingly violate any state or federal criminal law.

(b) You must not offer or make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which you are interested.

(5) Professional conduct.

(a) An office maintained for the purpose of providing architectural services must have an architect resident regularly employed in that office with direct knowledge and supervisory control of such work.

(b) ((You must not offer or provide any gifts, other than gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which you are interested.

(c))) You must not engage in conduct involving fraud or wanton disregard of the rights of others.

AMENDATORY SECTION(Amending WSR 18-21-028, filed 10/5/18, effective 11/5/18)

WAC 308-12-345Brief 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;

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

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

(((j)))(i) 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.))

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-12-280	How does the board verify I have completed my professional development?
WAC 308-12-355	Conduct of brief adjudicative proceedings.