AN
ACT Relating to regulating engineers and land surveyors; amending RCW
18.43.035, 18.43.110, and 18.43.130; adding a new section to chapter 18.43 RCW;
and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 18.43 RCW to read as follows:
Upon
request of the board, and with approval of the director, the board chair shall
appoint up to two individuals to serve as pro tem members of the board. The
appointments are limited, as defined by the board chair, for the purpose of
participating as a temporary member of the board on any combination of one or
more committees or formal disciplinary hearing panels. An appointed individual
must meet the same qualifications as a regular member of the board. While
serving as a board member pro tem, an appointed person has all the powers,
duties, and immunities of a regular member of the board and is entitled to the
same compensation, including travel expenses, in accordance with RCW
18.43.030. A pro tem appointment may not last for more than one hundred eighty
days unless approved by the director.
Sec.
2. RCW
18.43.035 and 1986 c 102 s 2 are each amended to read as follows:
The
board may adopt and amend bylaws establishing its organization and method of
operation, including but not limited to meetings, maintenance of books and
records, publication of reports, code of ethics, and rosters, and adoption and
use of a seal. Four members of the board shall constitute a quorum for the
conduct of any business of the board. The board may employ such persons as are
necessary to carry out its duties under this chapter. It may adopt rules ((and
regulations)) reasonably necessary to administer the provisions of this
chapter. It may conduct investigations concerning alleged violations of ((the
provisions of)) this chapter or the rules adopted by the board. In
making such investigations and in all proceedings under RCW 18.43.110, the
chairman of the board or any member of the board acting in his place may
administer oaths or affirmations to witnesses appearing before the board,
subpoena witnesses and compel their attendance, and require the production of
books, records, papers and documents. If any person shall refuse to obey any
subpoena so issued, or shall refuse to testify or produce any books, records,
papers or documents so required to be produced, the board may present its
petition to the superior court of the county in which such person resides,
setting forth the facts, and thereupon the court shall, in any proper case,
enter a suitable order compelling compliance with ((the provisions of))
this chapter and imposing such other terms and conditions as the court may deem
equitable. The board shall submit to the governor such periodic reports as may
be required. A roster, showing the names and places of business of all
registered professional engineers and land surveyors may be published for
distribution, upon request, to professional engineers and land surveyors
registered under this chapter and to the public.
Sec.
3. RCW
18.43.110 and 1989 c 175 s 62 are each amended to read as follows:
The
board shall have the exclusive power to fine and reprimand the registrant and
suspend or revoke the certificate of registration of any registrant who is
found guilty of:
The
practice of any fraud or deceit in obtaining a certificate of registration; or
Any
gross negligence, incompetency, or misconduct in the practice of engineering or
land surveying as a registered engineer or land surveyor.
Any
person may prefer ((charges of)) a complaint alleging fraud,
deceit, gross negligence, incompetency, or misconduct against any registrant((.
Such charges)) and the complaint shall be in writing and shall be
sworn to in writing by the person making ((them and shall be filed with
the secretary of the board)) the allegation. A registrant against whom
a complaint was made must be immediately informed of such complaint by the
board.
All
procedures related to hearings on such charges shall be in accordance with
provisions relating to adjudicative proceedings in chapter 34.05 RCW, the
Administrative Procedure Act.
If,
after such hearing, a majority of the board vote in favor of finding the ((accused
guilty)) violations had occurred, the board shall revoke or suspend
the certificate of registration of such registered professional engineer or
land surveyor.
The
board, for reasons it deems sufficient, may reissue a certificate of
registration to any person whose certificate has been revoked or suspended,
providing a majority of the board vote in favor of such issuance. A new
certificate of registration to replace any certificate revoked, lost,
destroyed, or mutilated may be issued, subject to the rules of the board, and a
charge determined by the director as provided in RCW 43.24.086 shall be made
for such issuance.
Any
person who shall feel aggrieved by any action of the board in denying or
revoking his certificate of registration may appeal therefrom to the superior
court of the county in which such person resides, and after full hearing, said
court shall make such decree sustaining or revoking the action of the board as
it may deem just and proper.
Fines
imposed by the board shall not exceed one thousand dollars for each offense.
In addition to the imposition of civil penalties under this
section, the board may refer violations of this chapter to the appropriate
prosecuting attorney for charges under RCW 18.43.120.
Sec.
4. RCW
18.43.130 and 1991 c 19 s 6 are each amended to read as follows:
This
chapter shall not be construed to prevent or affect:
(1)
The practice of any other legally recognized profession or trade; or
(2)
The practice of a person not a resident and having no established place of
business in this state, practicing or offering to practice herein the
profession of engineering or land surveying, when such practice does not exceed
in the aggregate more than thirty days in any calendar year: PROVIDED, Such
person has been determined by the board to be legally qualified by registration
to practice the said profession in his or her own state or country in which the
requirements and qualifications for obtaining a certificate of registration are
not lower than those specified in this chapter. The person shall request such
a determination by completing an application prescribed by the board and
accompanied by a fee determined by the director. Upon approval of the
application, the board shall issue a permit authorizing temporary practice; or
(3)
The practice of a person not a resident and having no established place of
business in this state, or who has recently become a resident thereof,
practicing or offering to practice herein for more than thirty days in any
calendar year the profession of engineering or land surveying, if he or she
shall have filed with the board an application for a certificate of
registration and shall have paid the fee required by this chapter: PROVIDED,
That such person is legally qualified by registration to practice engineering
or land surveying in his or her own state or country in which the requirements
and qualifications of obtaining a certificate of registration are not lower
than those specified in this chapter. Such practice shall continue only for
such time as the board requires for the consideration of the application for
registration; or
(4)
The work of an employee or a subordinate of a person holding a certificate of
registration under this chapter, or an employee of a person practicing lawfully
under provisions of this section: PROVIDED, That such work does not include
final design or decisions and is done under the direct responsibility,
checking, and supervision of a person holding a certificate of registration
under this chapter or a person practicing lawfully under the provisions of this
section; or
(5)
The work of a person rendering engineering or land surveying services to a
corporation, as an employee of such corporation, when such services are
rendered in carrying on the general business of the corporation and such
general business does not consist, either wholly or in part, of the rendering
of engineering services to the general public: PROVIDED, That such corporation
employs at least one person holding a certificate of registration under this
chapter or practicing lawfully under the provisions of this chapter; or
(6)
The practice of officers or employees of the government of the United States
while engaged within the state in the practice of the profession of engineering
or land surveying for ((said)) the government of the United
States; or
(7)
Nonresident engineers employed for the purpose of making engineering
examinations; or
(8)
The practice of engineering or land surveying, or both, in this state by
a corporation or joint stock association: PROVIDED, That
(a)
((Such)) The corporation ((shall file)) has filed
with the board an application for certificate of authorization upon a form to
be prescribed by the board and containing information required to enable the
board to determine whether such corporation is qualified in accordance with ((the
provisions of)) this chapter to practice engineering or land surveying,
or both, in this state;
(b)
((Such)) For engineering, the corporation ((shall file)) has
filed with the board a certified copy of a resolution of the board of
directors of the corporation ((which)) that shall designate a
person holding a certificate of registration under this chapter as responsible
for the practice of engineering by ((said)) the corporation in
this state and shall provide that full authority to make all final engineering
decisions on behalf of ((said)) the corporation with respect to
work performed by the corporation in this state shall be granted and delegated
by the board of directors to the person so designated in ((said)) the
resolution((: PROVIDED, That)). For land surveying, the corporation
has filed with the board a certified copy of a resolution of the board of
directors of the corporation which shall designate a person holding a
certificate of registration under this chapter as responsible for the practice
of land surveying by the corporation in this state and shall provide full
authority to make all final land surveying decisions on behalf of the
corporation with respect to work performed by the corporation in this state be
granted and delegated by the board of directors to the person so designated in
the resolution. If a corporation offers both engineering and land surveying
services, the board of directors shall designate both a licensed engineer and a
licensed land surveyor. If a person is licensed in both engineering and land
surveying, the person may be designated for both professions. The resolution
shall further state that the bylaws of the corporation shall be amended to
include the following provision: "The designated engineer or land surveyor,
respectively, named in the resolution as being in responsible charge, or an
engineer or land surveyor under the designated engineer or land surveyor's
direct supervision, shall make all engineering or land surveying decisions
pertaining to engineering or land surveying activities in the state of
Washington." However, the filing of ((such)) the
resolution shall not relieve the corporation of any responsibility or liability
imposed upon it by law or by contract;
(c)
((Such corporation shall file with the board a designation in writing
setting forth the name or names of a person or persons holding certificates of
registration under this chapter who shall be in responsible charge of each
project and each major branch of the engineering activities in which the
corporation shall specialize in this state. In the event there shall be a
change in the person or persons in responsible charge of any project or major
branch of the engineering activities, such changes shall be designated in
writing and filed with the board within thirty days after the effective date of
such changes)) If there is a change in the designated engineer or
designated land surveyor, the corporation shall notify the board in writing
within thirty days after the effective date of the change. If the corporation
changes its name, the corporation shall submit a copy of its amended
certificate of authority or amended certificate of incorporation as filed with
the secretary of state within thirty days of the filing;
(d)
Upon the filing with the board ((of)) the application for certificate
for authorization, certified copy of resolution((,)) and an
affidavit ((and designation of persons)), the designation of a
designated engineer or designated land surveyor, or both, specified in ((subparagraphs
(a),)) (b)((, and (c))) of this ((section)) subsection, a
certificate of incorporation or certificate of authorization as filed with the
secretary of state, and a copy of the corporation's current Washington business
license, the board shall issue to ((such)) the corporation a
certificate of authorization to practice engineering or land surveying, or
both, in this state upon a determination by the board that:
(i)
((The bylaws of the corporation contain provisions that all engineering
decisions pertaining to any project or engineering activities in this state
shall be made by the specified engineer in responsible charge, or other
responsible engineers under his or her direction or supervision)) The
designated engineer or designated land surveyor, or both, hold a certificate of
registration in this state in accordance with this chapter and the certificate
is in force;
(ii)
((The application for certificate of authorization states the type, or
types, of engineering practiced, or to be practiced by such corporation;)) The
designated engineer or designated land surveyor, or both, are not designated in
responsible charge for another corporation or a limited liability company; and
(iii)
((A current certified financial statement accurately reflecting the financial
condition of the corporation has been filed with the board and is available for
public inspection;
(iv)
The applicant corporation has the ability to provide through qualified
engineering personnel, professional services or creative work requiring engineering
experience, and that with respect to the engineering services which the
corporation undertakes or offers to undertake such personnel have the ability
to apply special knowledge of the mathematical, physical, and engineering
sciences to such professional services or creative work as consultation,
investigation, evaluation, planning, design, and supervision of construction
for the purpose of assuring compliance with specifications and design, in
connection with any public or private utilities, structures, buildings,
machines, equipment, processes, works, or projects;
(v)
The application for certificate of authorization states the professional
records of the designated person or persons who shall be in responsible charge
of each project and each major branch of engineering activities in which the
corporation shall specialize;
(vi)
The application for certificate of authorization states the experience of the
corporation, if any, in furnishing engineering services during the preceding
five year period and states the experience of the corporation, if any, in the
furnishing of all feasibility and advisory studies made within the state of
Washington;
(vii)
The applicant corporation meets such other requirements related to professional
competence in the furnishing of engineering services as may be established and
promulgated by the board in furtherance of the objectives and provisions of
this chapter; and
Upon
a determination by the board based upon an evaluation of the foregoing findings
and information that the applicant corporation is possessed of the ability and
competence to furnish engineering services in the public interest)) The
corporation is licensed with the secretary of state and holds a current unified
business identification number and the board determines, based on evaluating
the findings and information in this section, that the applicant corporation
possesses the ability and competence to furnish engineering or land surveying
services, or both, in the public interest.
The
board may ((in the)) exercise ((of)) its discretion to
refuse to issue or it may suspend ((and/)) or revoke a
certificate of authorization issued to a corporation ((where)) if
the board ((shall)) finds that any of the officers, directors,
incorporators, or the stockholders holding a majority of stock of such
corporation has committed misconduct or malpractice as defined in RCW 18.43.105
or has been found personally responsible for misconduct or malpractice under ((the
provisions of subsections)) (f) and (g) ((hereof)) of this
subsection.
((The
certificate of authorization shall specify the major branches of engineering of
which the corporation has designated a person or persons in responsible charge
as provided in subsection (8)(c) of this section.
(e)
In the event a corporation, organized solely by a group of engineers, each
holding a certificate of registration under this chapter, applies for a
certificate of authorization, the board may, in its discretion, grant a
certificate of authorization to such corporation based on a review of the
professional records of such incorporators, in lieu of the required
qualifications set forth in this subsection. In the event the ownership of
such corporation shall be altered, the corporation shall apply for a revised
certificate of authorization, based upon the professional records of the
owners, if exclusively engineers or, otherwise, under the qualifications
required by subparagraphs (a), (b), (c), and (d) hereof.)) (e)
Engineers or land surveyors organized as a professional service corporation
under chapter 18.100 RCW are exempt from applying for a certificate of
authorization under this chapter.
(f)
Any corporation authorized to practice engineering under this chapter, together
with its directors and officers for their own individual acts, are responsible
to the same degree as an individual registered engineer, and must conduct its
business without misconduct or malpractice in the practice of engineering as
defined in this chapter.
(g)
Any corporation ((which has been duly)) that is certified under
((the provisions of)) this chapter ((and has engaged in the practice
of engineering shall have its certificate of authorization either suspended or
revoked by the board if, after a proper hearing, the board shall find that the
corporation has committed misconduct or malpractice as defined in RCW
18.43.105. In such case any individual engineer holding a certificate of
registration under this chapter, involved in such malpractice or misconduct,
shall have his or her certificate of registration suspended or revoked also))
is subject to the authority of the board as provided in RCW 18.43.035,
18.43.105, 18.43.110, and 18.43.120.
(h)
All plans, specifications, designs, and reports when issued in connection with
work performed by a corporation under its certificate of authorization shall be
prepared by or under the ((responsible charge)) direct supervision
of and shall be signed by and shall be stamped with the official seal of a
person holding a certificate of registration under this chapter.
(i)
For each certificate of authorization issued under ((the provisions of))
this subsection (8) ((of this section)) there shall be paid an initial
fee determined by the director as provided in RCW 43.24.086 and an annual
renewal fee determined by the director as provided in RCW 43.24.086.
(9)
The practice of engineering and/or land surveying in this state by a
partnership((: PROVIDED, That
(a)
A majority of the members of the partnership are engineers or architects or
land surveyors duly certificated by the state of Washington or by a state,
territory, possession, district, or foreign country meeting the reciprocal
provisions of RCW 18.43.100: PROVIDED, That at least one of the members is a
professional engineer or land surveyor holding a certificate issued by the
director under the provisions of RCW 18.43.070; and
(b)
Except where all members of the partnership are professional engineers or land
surveyors or a combination of professional engineers and land surveyors or
where all members of the partnership are either professional engineers or land
surveyors in combination with an architect or architects all of which are
holding certificates of qualification therefor issued under the laws of the
state of Washington, the partnership shall file with the board an instrument
executed by a partner on behalf of the partnership designating the persons
responsible for the practice of engineering by the partnership in this state
and in all other respects such person so designated and such partnership shall
meet the same qualifications and shall be subject to the same requirements and
the same penalties as those pertaining to corporations and to the responsible
persons designated by corporations as provided in subsection (8) of this
section.
For
each certificate of authorization issued under the provisions of this
subsection (9) of this section there shall be paid an initial fee determined by
the director as provided in RCW 43.24.086 and an annual renewal fee determined
by the director as provided in RCW 43.24.086)) if
the partnership employs at least one person holding a valid certificate of
registration under this chapter to practice engineering or land surveying, or
both. The board shall not issue certificates of authorization to partnerships
after July 1, 1998. Partnerships currently registered with the board are not
required to pay an annual renewal fee after July 1, 1998.
(10)
The practice of engineering or land surveying, or both, in this state by
limited liability companies: Provided, That
(a)
The limited liability company has filed with the board an application for
certificate of authorization upon a form to be prescribed by the board and
containing information required to enable the board to determine whether the
limited liability company is qualified under this chapter to practice either or
both engineering or land surveying in this state.
(b)
The limited liability company has filed with the board a certified copy of a
resolution by the company manager or managers that shall designate a person
holding a certificate of registration under this chapter as being responsible
for the practice of engineering or land surveying, or both, by the limited
liability company in this state and that the designated person has full
authority to make all final engineering or land surveying decisions on behalf
of the limited liability company with respect to work performed by the limited
liability company in this state. The resolution shall further state that the
limited liability company agreement shall be amended to include the following
provision: "The designated engineer or land surveyor, respectively, named
in the resolution as being in responsible charge, or an engineer or land
surveyor under the designated engineer or land surveyor's direct supervision,
shall make all engineering or land surveying decisions pertaining to
engineering or land surveying activities in the state of Washington."
However, the filing of the resolution shall not relieve the limited liability
company of responsibility or liability imposed upon it by law or by contract.
(c)
The designated engineer for the limited liability company must hold a current
professional engineer license issued by this state.
The
designated land surveyor for the limited liability company must hold a current
professional land surveyor license issued by this state.
If
a person is licensed as both a professional engineer and as a professional land
surveyor in this state, then the limited liability company may designate the
person as being in responsible charge for both professions.
If
there is a change in the designated engineer or designated land surveyor, the
limited liability company shall notify the board in writing within thirty days
after the effective date of the change. If the limited liability company
changes its name, the company shall submit to the board a copy of the
certificate of amendment filed with the secretary of state's office.
(d)
Upon the filing with the board the application for certificate of
authorization, a certified copy of the resolution, an affidavit from the
designated engineer or the designated land surveyor, or both, specified in (b)
and (c) of this subsection, a copy of the certificate of formation as filed
with the secretary of state, and a copy of the company's current business
license, the board shall issue to the limited liability company a certificate
of authorization to practice engineering or land surveying, or both, in this
state upon determination by the board that:
(i)
The designated engineer or designated land surveyor, or both, hold a
certificate of registration in this state under this chapter and the
certificate is in force;
(ii)
The designated engineer or designated land surveyor, or both, are not
designated in responsible charge for another limited liability company or a
corporation;
(iii)
The limited liability company is licensed with the secretary of state and has a
current unified business identification number and that the board determines,
based on evaluating the findings and information under this subsection, that
the applicant limited liability company possesses the ability and competence to
furnish either or both engineering or land surveying services in the public
interest.
The
board may exercise its discretion to refuse to issue, or it may suspend or
revoke a certificate of authorization issued to a limited liability company if
the board finds that any of the managers or members holding a majority interest
in the limited liability company has committed misconduct or malpractice as
defined in RCW 18.43.105 or has been found personally responsible for
misconduct or malpractice under the provisions of (f) and (g) of this
subsection.
(e)
Engineers or land surveyors organized as a professional limited liability company
are exempt from applying for a certificate of authorization under this chapter.
(f)
Any limited liability company authorized to practice engineering or land
surveying, or both, under this chapter, together with its manager or managers
and members for their own individual acts, are responsible to the same degree
as an individual registered engineer or registered land surveyor, and must
conduct their business without misconduct or malpractice in the practice of
engineering or land surveying, or both.
(g)
A limited liability company that is certified under this chapter is subject to
the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110,
and 18.43.120.
(h)
All plans, specifications, designs, and reports when issued in connection with
work performed by a limited liability company under its certificate of
authorization shall be prepared by or under the direct supervision of and shall
be signed by and shall be stamped with the official seal of a person holding a
certificate of registration under this chapter.
(i)
For each certificate of authorization issued under this subsection (10) there
shall be paid an initial fee determined by the director as provided in RCW
43.24.086 and an annual renewal fee determined by the director as provided in
RCW 43.24.086.
NEW
SECTION. Sec. 5.
Section 4 of this act takes effect July 1, 1998.
