WSR 99-10-083

PROPOSED RULES

DEPARTMENT OF LICENSING


(Engineer Registration Board)

[ Filed May 4, 1999, 2:52 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-02-076.

Title of Rule: WAC 196-24-092 Offer to practice, this rule states that the offer to practice or provide engineering or land surveying services must be made by, or under the direct supervision of, a licensee qualified under chapter 18.43 RCW.

Purpose: Amend the rule to add the words "or provide" and to delete part of the rule language that does not contribute to the essence of the rule. It is also proposed to move the rule from chapter 196-24 to 196-25 WAC where it logically fits better under chapter 196-25 WAC, Business practices.

Other Identifying Information: This rule was reviewed in accordance with the requirements in Executive Order 97-02.

Statutory Authority for Adoption: RCW 18.43.035.

Statute Being Implemented: Chapter 18.43 RCW.

Summary: WAC 196-24-092 was reviewed as part of the board's rule review schedule. Experience in working with the rule over the years indicated that it should be clarified. That was done by stating that both the offer to practice, or to provide, services must be done by or under the supervision of a licensee. In addition, part of the existing language was deleted to improve the clarity of the rule and make the language more concise. The rule will be moved to a chapter where an applicant would logically look for this information.

Reasons Supporting Proposal: Amending this rule will make the language more clear and concise and easier to understand. Moving the rule to chapter 196-25 WAC will make it easier for applicants, licensees and the general public to find information on this topic.

Name of Agency Personnel Responsible for Drafting: Rick Notestine, 405 Black Lake Boulevard, Olympia, (360) 586-7298; Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, (360) 586-3361.

Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule makes a statement as to who may offer to practice or provide engineering and/or land surveying services. The purpose is to put applicants, licensees and the public on notice that only licensees qualified under chapter 18.43 RCW are authorized to offer or provide those services. The effects of the change will be to make the rule language more clear, concise and understandable, and moving it to chapter 196-25 WAC will make the information easier to find.

Proposal Changes the Following Existing Rules: The rule is amended to add the words "to provide" to state that both offering and providing engineering and/or land surveying services must only be done by, or under the direct supervision of, a licensee qualified under chapter 18.43 RCW. There was also language deleted to improve the essence of the rule and make the language more concise. The language deleted is "...shall include, but not be limited to, identification of the scope of work and/or estimated cost of said services. Said offer to practice shall be performed...." Because the rule was deleted entirely from chapter 196-24 WAC, the deleted language does [not] show on the rule, only the proposed new language.

In moving the rule to chapter 196-25 WAC, it has a new citation which will be WAC 196-25-060.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Amending this rule has no fiscal impact [on] small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is not one of the named agencies in this statute.

Hearing Location: Hilton Seattle Airport, 17620 Pacific Highway South, SeaTac, WA 98188, on June 21, 1999, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Kim Chipman by June 14, 1999, TDD (360) 586-2788, or (360) 753-6966.

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

Date of Intended Adoption: June 21, 1999.

May 4, 1999

George A. Twiss

Executive Director

OTS-3045.1


NEW SECTION
WAC 196-25-060
Offer to practice.

The offer to practice or provide engineering or land surveying services must be made by or under the direct supervision of a licensee qualified to offer said services under the provisions of chapter 18.43 RCW.

[]

OTS-3121.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 196-24-092Offer to practice.

© Washington State Code Reviser's Office