WSR 00-04-059

PROPOSED RULES

DEPARTMENT OF LICENSING


(Engineer Registration Board)

[ Filed January 28, 2000, 2:12 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-20-145.

Title of Rule: This will be new chapter 196-31 WAC, Practice permits. The chapter contains seven sections that provide information for individuals to obtain, use, renew and appeal the denial of, practice permits as provided for in chapter 18.210 RCW.

Purpose: The purpose of this new chapter is to implement that part of RCW 18.210.090 requiring practice permits. It will also notify eligible individuals that design on-site wastewater treatment systems of the availability and process to obtain a practice permit. A practice permit is obtained by filing an application and paying the required fee.

Other Identifying Information: After July 1, 2000, an on-site designer must either hold a practice permit or a license described in chapter 18.210 RCW in order to practice.

Statutory Authority for Adoption: RCW 18.210.060.

Statute Being Implemented: Chapter 18.210 RCW.

Summary: 2SSB 5821 established the on-site wastewater treatment systems, designer licensing legislation in July 1999. That legislation was codified as chapter 18.210 RCW. This law requires that a practice permit be established and that on-site designers obtain a practice permit no later than July 1, 2000, or have a license described in chapter 18.210 RCW, in order to continue designing on-site wastewater treatment systems. The practice permit will stay in effect for one year and is renewable until June 30, 2003.

Reasons Supporting Proposal: RCW 18.210.090 requires that a practice permit be established and that on-site designer obtain the practice permit by July 1, 2000, or have a licensed described in chapter 18.210 RCW in order to continue practicing, or offering to practice, on-site designer services. These rules define the application process and criteria for these permits.

Name of Agency Personnel Responsible for Drafting: Joe Vincent Jr., 405 Black Lake Boulevard, Olympia, WA, (360) 586-1321; Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, WA, (360) 586-3361.

Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, On-site Advisory Committee, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This new WAC chapter and set of rules establishes and implements practice permits as required under chapter 18.210 RCW. The rules define what a practice permit is, how to make application, when the permit is renewed and when it ultimately expires, what the scope of practice is for permit holders, and how to appeal if a practice permit is denied.

The purpose and effect of these rules is to notify individuals that design on-site systems, and the public, that these rules are being proposed. In addition, it notifies on-site designers that both chapter 18.210 RCW and these rules require that on-site designers must obtain a practice permit by July 1, 2000, or otherwise have a license as described in chapter 18.210 RCW, in order to continue practicing or offering to practice on-site designer services.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The legislature mandated through 2SSB 5821 that practice permits be established and implemented by July 1, 2000, and that anyone practicing or offering to practice on-site design services be required to obtain a practice permit or have a license as described in the chapter. The bill does not require a business to pay for the practice permit fee or the time needed to complete the permit application; those costs are typically born by the permit applicant. In addition, research conducted by the Engineer Registration Board and the On-site Advisory Committee found that all businesses doing on-site designer work fall into the states' definition of "small business." Consequently, these small businesses cannot be placed at a disadvantage by larger businesses doing the same work.

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: La Quinta Inn, 1425 East 27th Street, Tacoma, WA 98421, on March 8, 2000, at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Kim Chipman by March 6, 2000, TDD (360) 586-2788, or (360) 753-6966.

Submit Written Comments to: Joe Vincent Jr., Manager, On-site Program, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649, fax (360) 664-2551, by February 25, 2000.

Date of Intended Adoption: March 9, 2000.

January 28, 2000

George A. Twiss

Executive Director

OTS-3700.1

Chapter 196-31 WAC

PRACTICE PERMITS


NEW SECTION
WAC 196-31-010
Declaration of purpose.

This chapter contains rules and procedures for individuals to obtain, use and renew practice permits as provided for in chapter 18.210 RCW.

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NEW SECTION
WAC 196-31-020
Definition.

"Practice permit" is a limited authorization granted by the board for an individual who performs or offers to perform design services for on-site wastewater treatment systems. Practice permits are an interim authorization and terminate at midnight on June 30, 2003.

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NEW SECTION
WAC 196-31-030
Applications -- Qualifications.

In order to obtain a practice permit, the applicant must verify to the satisfaction of the board that the applicant holds a current authorization from a local health jurisdiction (LHJ) on or before July 1, 2000, to perform or offer to perform designs of on-site wastewater treatment systems. Only authorizations from LHJs satisfying the following criteria will be accepted:

(1) The LHJ has an established program for evaluating the competency of the applicant in on-site wastewater treatment system codes and principles for that LHJ; or

(2) If the LHJ does not have an established program for evaluating the competency of the applicant in on-site wastewater treatment systems, the LHJ has established policies or procedures that would otherwise permit the applicant to perform designs in that LHJ, and the applicant has obtained approval of those designs consistent with those established policies or procedures.

Verification must come from the authorizing LHJ(s).

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NEW SECTION
WAC 196-31-040
Applications -- Procedures.

To obtain a practice permit an applicant must submit a completed application as prescribed by the board. Said application must be accompanied by payment of the prescribed fee as established by the director in accordance with chapter 43.24 RCW. Said application shall include verifications from all LHJs where the applicant intends to practice under a practice permit as provided under this chapter.

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NEW SECTION
WAC 196-31-050
Permit issuance -- Renewals.

On or after April 1, 2000, individuals may apply for a practice permit in accordance with the provisions of this chapter. Permits become effective on or after July 1, 2000. Permits are valid for one year from the date of issuance and are renewable on an annual basis thereafter. Any practice permit that is not renewed shall be invalid. All practice permits renewed on or after July 1, 2002, shall expire on June 30, 2003, regardless of the date of issuance. Renewal fees for practice permits renewed on or after July 1, 2002, shall be equivalent to the established renewal for a one year renewal even if less than a year remains before June 30, 2003. No partial payments or prorated fees will be accepted for renewals. No portion of any fees paid by the applicant to the LHJ for previous authorization shall apply to practice permits issued under this chapter.

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NEW SECTION
WAC 196-31-060
Scope of practice.

A permit holder is authorized to perform or offer to perform designs of on-site wastewater treatment systems only in those counties where the applicant has provided LHJ verification of an authorization to practice at the time of application. Permit holders are required to be proficient in the technical design criteria and administrative code requirements for every LHJ in which they perform design services. Nothing in this chapter is intended to restrict or limit the ability of LHJs to accept homeowner designed on-site systems as provided in WAC 246-272-11501. Any practice with an expired permit shall constitute unprofessional conduct and grounds for disciplinary action.

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NEW SECTION
WAC 196-31-070
Brief adjudicative proceedings -- Denials based on failure to meet prerequisites for licensure, practice permit, or examination.

The board adopts RCW 34.05.482 and 34.05.485 through 34.05.494 for adjudicative proceedings requested by applicants who are denied a license, practice permit, or opportunity to take an examination under chapter 18.210 RCW, because of failure to meet the prerequisites for said license, practice permit, or examination. The sole issue at the adjudicative proceeding shall be whether the applicant meets the prerequisites for the license, practice permit, or examination.

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Washington State Code Reviser's Office