WSR 02-11-121

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed May 21, 2002, 11:14 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Title 136 WAC.

Purpose: Amends chapter 136-12 WAC, Standards of good practice -- Vacancy in position of county engineer. Amends WAC 136-12-010, 136-12-020, 136-12-060, 136-12-070, and 136-12-080 and adds a new section WAC 136-12-045 to better identify the county's responsibility in reporting a county engineer vacancy in the county.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Name of Agency Personnel Responsible for Drafting: Chris Mudgett, 2404 Chandler Court S.W., Suite 240, 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, 753-5989.

Name of Proponent: County Road Administration Board, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Amends chapter 136-12 WAC, Standards of good practice -- Vacancy in position of county engineer. Amends WAC 136-12-010, 136-12-020, 136-12-060, 136-12-070, and 136-12-080 and adds a new section WAC 136-12-045 to better identify the county's responsibility in reporting a county engineer vacancy in the county.

Proposal Changes the Following Existing Rules: Amends chapter 136-12 WAC, Standards of good practice -- Vacancy in position of county engineer. Amends WAC 136-12-010, 136-12-020, 136-12-060, 136-12-070, and 136-12-080 and adds a new section WAC 136-12-045 to better identify the county's responsibility in reporting a county engineer vacancy in the county.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: County Road Administration Board, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504-0913, on July 11, 2002, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Karen Pendleton by July 5, 2002, TDD (800) 833-6384, or (360) 753-5989.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, fax (360) 586-0386, by July 5, 2002.

Date of Intended Adoption: July 11, 2002.

May 9, 2002

Jay P. Weber

Executive Director

OTS-5689.1


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-12-010   Purpose and authority.   The laws of the state of Washington make detailed provisions in chapter 36.80 RCW, for the employment of a county engineer in each county. This chapter specifies that ((he/she shall be employed full time: Provided, That in counties with a population of less than eight thousand he/she may be employed on a part-time basis and may be the county engineer of another county)) the county legislative authority of each county shall employ a county road engineer on either a full-time or part-time basis, or by contracting with another county for the engineering services of a county road engineer; that he/she shall be a registered and licensed professional civil engineer under the laws of this state; that he/she shall have supervision, under the direction of the county legislative authority, of all activities related to the county roads of the county, including maintenance; that he/she shall certify to the county legislative authority all bills with respect to county roads; that he/she shall keep complete public records of all road department activities; that he/she shall prepare plans and specifications for all construction work on the county road system. Since it is unavoidable that vacancies will occur from time to time in the position of county engineer, the following rule has been formulated to cover an interim period.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-12-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-12-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.080. 90-07-074 (Order 74), 136-12-010, filed 3/21/90, effective 4/21/90; Order 13, 136-12-010, filed 12/26/69; Regulation 1, 136-12-010, filed 12/13/67.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-12-020   Procedure during vacancy.   When a vacancy occurs in the office of county engineer due to resignation, retirement, death or for any other reason, the county legislative authority shall take immediate steps to find a replacement, either by promotion from within the organization if a competent and eligible person is available, or by advertisement for, and interview of, qualified applicants. The county legislative authority or county executive shall ((immediately)), within five working days, notify the county road administration board of the vacancy, and of the procedure to be followed during the period of vacancy.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-12-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.080. 90-07-074 (Order 74), 136-12-020, filed 3/21/90, effective 4/21/90; Regulation 1, 136-12-020, filed 12/13/67.]


NEW SECTION
WAC 136-12-045   Notification of hiring.   When final arrangements for the employment of a new county engineer have been made, the county legislative authority or the county executive shall, within five working days, notify the county road administration board in writing and shall include the following information: Name of new county engineer, Washington registration number, and e-mail address. In addition, the notification shall include a copy of the revised organization chart for the public works department.

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AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-12-060   Failure to comply ((with ruling)).   ((When the county legislative authority has made final arrangements for the employment of a new county engineer meeting the requirements of chapter 36.80 RCW the county road administration board shall be notified accordingly.)) If ((no such)) notification is not received within ((six months of the beginning of the vacancy)) the time frame established in WAC 136-12-045, the matter of the vacancy will be considered at the next regular meeting of the county road administration board. The county road administration board may require that all day labor construction projects be shut down and/or that all distribution of gas tax funds to the county cease: Provided however, That it may continue to grant reasonable extensions in the event the affected county can give adequate proof or demonstrate at the next regularly scheduled board meeting that a diligent effort has been made to secure the services of a qualified engineer.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-12-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.080. 90-07-074 (Order 74), 136-12-060, filed 3/21/90, effective 4/21/90; Regulation 1, 136-12-060, filed 12/13/67.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-12-070   County engineer in counties with a population of less than eight thousand.   When the county legislative authority ((of a county with a population of less than eight thousand)) chooses to employ a county engineer on a part-time basis the terms of such employment shall be set forth in a contract adopted by resolution of the legislative authority. Such contract shall specify, but need not be limited to: Statement of legal responsibility, salary or wage arrangements, meetings with the legislative authority, travel expenses and relationship with regular employees. A copy of such resolution and contract shall be forwarded to the office of the county road administration board.

When the legislative authority chooses to contract with another county for services such contract shall be approved by resolution of both legislative authorities. Such contract shall specify, but need not be limited to: Statement of legal responsibility, salary or wage arrangements, meetings with the legislative authority, travel expenses and relationship with regular employees. A copy of the contract and both resolutions shall be forwarded to the office of the county road administration board. Any such contract shall be in accordance with the procedures of the Interlocal Cooperation Act, chapter 39.34 RCW.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-12-070, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-12-070, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.080. 90-07-074 (Order 74), 136-12-070, filed 3/21/90, effective 4/21/90; Order 13, 136-12-070, filed 12/26/69.]


AMENDATORY SECTION(Amending WSR 96-17-013, filed 8/12/96, effective 9/12/96)

WAC 136-12-080   Assistant county engineer in counties with a ((population of less than eight thousand)) part-time county engineer or a contract county engineer.   When a legislative authority of a county ((with a population of less than eight thousand)) chooses to employ a licensed professional civil engineer on a part-time basis or contract with another county for the services of its licensed professional civil engineer, it shall designate by resolution a full-time employee as assistant county engineer. In such cases, the designated assistant county engineer shall perform the day to day supervision of the road department under the county engineer in accordance with policies established by the legislative authority.

[Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-12-080, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.080. 90-07-074 (Order 74), 136-12-080, filed 3/21/90, effective 4/21/90; Order 13, 136-12-080, filed 12/26/69.]

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