WSR 98-08-078
PROPOSED RULES
DEPARTMENT OF LICENSING
(Board of Registration for Professional Engineers and Land Surveyors)
[Filed March 31, 1998, 3:57 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-19-038
Title of Rule: Practice and procedure
Purpose: Repeal of administrative procedure rules currently codified in chapter 196-08 WAC. Said rules would be replaced with new rules in a new proposed chapter 196-09 WAC. Said new rules would correspond to the procedures set forth in the Administrative Procedures Act, chapter 34.05 RCW and chapter 10-08 WAC as well as applicable court rules
Other Identifying Information: These rules result from the rule review requirements set forth in Executive Order 97-02
Statutory Authority for Adoption: RCW 18.43.035
Reasons Supporting Proposal: These rule amendments are made following the rule review requirement of Executive Order 97-02. These amendments also eliminate many rules already covered by the Administrative Procedure Act, chapter 34.05 RCW and the rules in chapter 10-08 WAC
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: George A. Twiss, 405 Black Lake Boulevard, Olympia, 586-3361
Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: These amendments affect the administrative procedures of the board under its authority in chapter 18.43 RCW. These amendments make reference to and adopt procedures already codified in chapter 10-08 WAC. This amendment eliminates fifty-six rules that were originally adopted in 1960
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: In conducting a review of chapter 196-08 WAC it was discovered that the subject matter (practice and procedures) contained in the entire chapter were now covered by more contemporary law and rules in the Administrative Procedure Act (chapter 43.05 [34.05] RCW) and administrative rule in chapter 10-08 WAC. By repealing the entire chapter of 196-08 WAC and subsequently adopting new rules in chapter 196-09 WAC, this change brings the boards administrative processes in line with the prevailing statute as well as eliminate the redundant provisions adopted in 1960.
This greatly simplifies the body of rules pertaining to the administrative processes of the board and make them consistent with current state law
Proposal Changes the Following Existing Rules: Existing chapter 196-08 WAC is repealed in total. It is replaced with a new chapter 196-09 WAC which makes reference to existing law chapter 34.05 RCW and chapter 10-08 WAC
No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a procedural rule affecting only the board and the support services offered by the attorney general. There is not determinable impact to anyone other than the agencies involved.
RCW 34.05.328 does not apply to this rule adoption. This is a procedural rule affecting only the board and the support services offered by the attorney general. It is made to bring current rules in line with existing law.
Hearing Location: Sea-Tac Hilton Hotel, 17620 Pacific Highway South, SeaTac, WA 98188, on May 7, 1998, at 3:00 p.m
Assistance for Persons with Disabilities: Contact Shanan Gillespie, (360) 586-7568, by April 22, 1998, TDD (360) 586-2788
Submit Written Comments to: George A. Twiss, Executive Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649
Date of Intended Adoption: May 7, 1998
March 31, 1998
George A. Twiss
Executive Director
OTS-2072.1
Chapter 196-09 WAC
PRACTICE AND PROCEDURE
NEW SECTION
WAC 196-09-010 Declaration of purpose. This chapter contains rules and procedures for all adjudicative proceedings held by the board in executing its responsibilities under chapter 18.43 RCW. This chapter replaces all rules previously codified in chapter 196-08 WAC.
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NEW SECTION
WAC 196-09-020 Adjudicative proceedings. Chapters 34.05 RCW and 10-08 WAC apply to all adjudicative proceedings. The procedures described in Washington superior court civil rules 26 through 32, 34, 36 and 37 also apply.
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OTS-2075.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 196-08-010 Appearance and practice before agency--Who may appear.
WAC 196-08-040 Appearance and practice before agency--Standards of ethical conduct.
WAC 196-08-050 Appearance and practice before agency--Appearance by former employee of agency or former member of attorney general's staff.
WAC 196-08-060 Appearance and practice before agency--Former employee as expert witness.
WAC 196-08-070 Computation of time.
WAC 196-08-080 Notice and opportunity for hearing in contested cases.
WAC 196-08-090 Service of process--By whom served.
WAC 196-08-100 Service of process--Upon whom served.
WAC 196-08-110 Service of process--Service upon parties.
WAC 196-08-120 Service of process--Method of service.
WAC 196-08-130 Service of process--When service complete.
WAC 196-08-140 Service of process--Filing with agency.
WAC 196-08-150 Subpoenas--Form.
WAC 196-08-160 Subpoenas--Issuance to parties.
WAC 196-08-170 Subpoenas--Service.
WAC 196-08-180 Subpoenas--Fees.
WAC 196-08-190 Subpoenas--Proof of service.
WAC 196-08-200 Subpoenas--Quashing.
WAC 196-08-210 Subpoenas--Enforcement.
WAC 196-08-220 Subpoenas--Geographical scope.
WAC 196-08-230 Depositions and interrogatories in contested cases--Right to take.
WAC 196-08-240 Depositions and interrogatories in contested cases--Scope.
WAC 196-08-250 Depositions and interrogatories in contested cases--Officer before whom taken.
WAC 196-08-260 Depositions and interrogatories in contested cases--Authorization.
WAC 196-08-270 Depositions and interrogatories in contested cases--Protection of parties and deponents.
WAC 196-08-280 Depositions and interrogatories in contested cases--Oral examination and cross-examination.
WAC 196-08-290 Depositions and interrogatories in contested cases--Recordation.
WAC 196-08-300 Depositions and interrogatories in contested cases--Signing attestation and return.
WAC 196-08-310 Depositions and interrogatories in contested cases--Use and effect.
WAC 196-08-320 Depositions and interrogatories in contested cases--Fees of officers and deponents.
WAC 196-08-330 Depositions and interrogatories in contested cases--Submission of interrogatories.
WAC 196-08-340 Depositions and interrogatories in contested cases--Interrogation.
WAC 196-08-350 Depositions and interrogatories in contested cases--Attestation and return.
WAC 196-08-360 Depositions and interrogatories in contested cases--Provisions of deposition rule.
WAC 196-08-370 Official notice--Matters of law.
WAC 196-08-380 Official notice--Material facts.
WAC 196-08-390 Presumptions.
WAC 196-08-400 Stipulations and admissions of record.
WAC 196-08-410 Form and content of decisions in contested cases.
WAC 196-08-420 Definition of issues before hearing.
WAC 196-08-430 Prehearing conference rule--Authorized.
WAC 196-08-440 Prehearing conference rule--Record of conference action.
WAC 196-08-450 Submission of documentary evidence in advance.
WAC 196-08-460 Excerpts from documentary evidence.
WAC 196-08-470 Expert or opinion testimony and testimony based on economic and statistical data--Number and qualifications of witnesses.
WAC 196-08-480 Expert or opinion testimony and testimony based on economic and statistical data--Written sworn statements.
WAC 196-08-490 Expert or opinion testimony and testimony based on economic and statistical data--Supporting data.
WAC 196-08-500 Expert or opinion testimony and testimony based on economic and statistical data--Effect of noncompliance with WAC 196-08-470 or 196-08-480.
WAC 196-08-510 Continuances.
WAC 196-08-520 Rules of evidence--Admissibility criteria.
WAC 196-08-530 Rules of evidence--Tentative admission--Exclusion--Discontinuance--Objections.
WAC 196-08-540 Petitions for rule making, amendment or repeal--Who may petition.
WAC 196-08-550 Petitions for rule making, amendment or repeal--Requisites.
WAC 196-08-560 Petitions for rule making, amendment or repeal--Agency must consider.
WAC 196-08-570 Petitions for rule making, amendment or repeal--Notice of disposition.
WAC 196-08-580 Declaratory rulings.
WAC 196-08-590 Forms.