Preproposal statement of inquiry was filed as WSR 97-18-038.

Title of Rule: Adjust and adopt fees and charges for engineer and land surveyor program. WAC 196-26-020 and 196-26-030.

Purpose: To adopt necessary fee adjustments and new fee and charge categories related to the costs for administering engineering and land surveyor examinations. Fee increase on license renewal for engineers and land surveyors from $48 per year to $50 per year. Removal of language from WAC 196-26-030 that is out-of-date and no longer applicable to the license renewal process.

Other Identifying Information: The new fees and charges related to structural engineering are fees based upon proposed adoption of new and amended rules under WSR 98-08-105. The application fees for engineering corporations is reduced from the current $300 to $150 with the same fee applied to the newly created business category of limited liability company. The annual renewal fee for all firms will remain at $100 per year. The license renewal increases are proposed following successive fee reductions in this category in 1993 and 1996.

Statutory Authority for Adoption: RCW 43.24.086, 18.43.050, [18.43.]060, [18.43.]080, [18.43.]100, [18.43.]130, and [18.43.]160 and chapter 247, Laws of 1997.

Statute Being Implemented: Chapter 247, Laws of 1997, chapter 18.43 RCW and RCW 43.24.086.

Summary: The fee proposals include annual renewal of license for engineers and land surveyors from $48/year to $50/year. This is within the I-601 limitation. New fee categories are established for the new structural engineering examinations. New fee categories are established for limited liability companies as provided in chapter 247, Laws of 1997. Also, examination charges applied by the national vendor where examinations are purchased are changed accordingly.

Reasons Supporting Proposal: The renewal fee proposals are within the I-601 limitation and are necessary to avoid significant drop in the fund balance of the engineers dedicated account 024 before the end of the next biennium. Fees for examinations are new categories for examinations that were established by the board following rule review under Executive Order No. 97-02.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: George A. Twiss, 405 Black Lake Boulevard, Olympia, WA, phone 586-3361.

Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: See Summary above.

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

Explanation of Rule, its Purpose, and Anticipated Effects: These rule amendments are to establish new and adjusted fees that are consistent with program needs, rule review criteria, legislation passed in 1997 and the removal of obsolete and/or unnecessary information.

Proposal Changes the Following Existing Rules: See Explanation of Rule and Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. In the initial distribution for rule changes upon which these fees are based, we received no documented significant impacts from over 5,200 notices distributed. The renewal fee increases are raised less than the allowable increase under I-601. These increases are made after successive decreases were implemented in the license renewals in 1993 and 1996. Those reductions brought the two-year renewal from a high of $140 to the current $96.

The examination charges listed in the schedule are assessed by the examination vendor. Those charges are paid at the time of application and the proportional amount to cover the vendor's charges are placed in a refund account and not in state revenue. The other fees established under this proposal are new fees for categories that did not previously exist that were created following the detailed rule review under Executive Order No. 97-02 or in accordance with authorization under chapter 247, Laws of 1997.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, BPD Conference Room No. 1, Business and Professions Division, 405 Black Lake Boulevard, Olympia, WA 98502, on May 27, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Shanan Gillespie by May 22, 1998, TDD (360) 586-2788, or (360) 586-6966.

Submit Written Comments to: Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649.

Date of Intended Adoption: May 27, 1998.

April 15, 1998

George A. Twiss

Executive Director

AMENDATORY SECTION (Amending WSR 95-23-013, filed 11/7/95, effective 1/1/96)

WAC 196-26-020  Engineer and land surveyor fees and charges. The following fees and charges shall be assessed by the business and professions division of the department of licensing: Examination charges shall be collected from examination candidates for examinations ordered from the national vendor on their behalf. The charges recovered by the department shall be refunded to the vendor for the costs of purchasing and grading exams.

[Statutory Authority: RCW 43.24.086, 18.43.050, [18.43.]060, [18.43.]080, [18.43.]100, [18.43.]110, [18.43.]130 and 1995 c 356. 95-23-013, § 196-26-020, filed 11/7/95, effective 1/1/96. Statutory Authority: RCW 43.24.086 and 43.24.140. 93-10-057, § 196-26-020, filed 4/30/93, effective 7/1/93; 91-22-017, § 196-26-020, filed 10/28/91, effective 11/28/91; 91-10-046, § 196-26-020, filed 4/25/91, effective 5/26/91. Statutory Authority: RCW 43.24.086 and 43.24.140. 91-10-046, § 196-26-020, filed 4/25/91, effective 5/26/91. Statutory Authority: RCW 43.24.086 and chapter 18.43 RCW. 90-03-028, § 196-26-020, filed 1/11/90, effective 2/11/90. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), § 196-26-020, filed 8/27/87.]

AMENDATORY SECTION (Amending WSR 91-22-017, filed 10/28/91, effective 11/28/91)

WAC 196-26-030  License renewals. The licenses for those individuals registered as a professional engineer and/or a professional land surveyor shall be renewed every two years. The date of renewal shall be the licensee's birth date. Licensees who fail to pay the prescribed renewal fee within ninety days of the license expiration date will be subject to the late payment penalty fee as set forth in WAC 196-24-060.

((Effective with renewals due on July 1, 1991, and continuing through those due on June 30, 1992, the renewal period for engineers and land surveyors will be converted from one to two years. This conversion will be accomplished as follows:

(1) Current licensees as of July 1, 1991, with a birth date which is an even number shall initially renew for one year. All subsequent renewals shall be for a two-year period.

(2) Current licensees as of July 1, 1991, with a birth date which is an odd number shall initially renew for a two-year period. All subsequent renewals shall be for a two-year period.))

The initial license issued to an individual shall expire on the licensee's next 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. All subsequent renewals shall be for a two-year period.

The certificates of authorization for corporations ((and partnerships)), joint stock associations and limited liability companies (LLC) shall be renewed annually. The date of renewal shall be the month and day of receipt of their original license application. ((Effective with renewals due on December 31, 1991, corporation and partnership renewals will be converted to the month and day of original application receipt. This conversion will be accomplished as follows:

(a) Renewal notices issued for payment by December 31, 1991, will include a prorated renewal fee equal to one-twelfth of the annual fee for each month until their new renewal date (month and day of original application receipt). For purposes of this conversion, all actively licensed corporations and partnerships will be issued a renewal which will at minimum expire in December 1992 and at maximum expire in November 1993.

(b) All subsequent renewals shall be for one year.)) Failure to pay the prescribed fee by the date of expiration shall cause the certificate to become invalid.

[Statutory Authority: RCW 43.24.086 and 43.24.140. 91-22-017, § 196-26-030, filed 10/28/91, effective 11/28/91; 91-10-046, § 196-26-030, filed 4/25/91, effective 5/26/91. Statutory Authority: RCW 43.24.140. 90-21-033, § 196-26-030, filed 10/10/90, effective 11/10/90.]