PROPOSED RULES
(Engineer Registration Board)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-07-134.
Title of Rule: WAC 196-24-058 Retired status certificate of registration, this rule describes the provisions for applying for retired status, what a licensee can do while in retired status, what the restrictions are, and how to reinstate the active license.
Purpose: Make house-keeping changes to incorporate wording about limited liability companies and designated land surveyors for corporations and limited liability companies as was changed in RCW 18.43.130, effective July 1, 1998.
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 196-24-058 was reviewed as part of the board's rule review schedule. The 1997 legislature made changes to RCW 18.43.130 that deleted partnerships, added limited liability companies, designated land surveyors for corporations and designated engineers and land surveyors for limited liability companies. The rule was amended to incorporate those changes into it. Additionally, the rule was moved to a chapter where an applicant would logically look for this information.
Reasons Supporting Proposal: Amending this rule will make it current with existing language in RCW. 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 describes retired status; what are the requirements to qualify, how to apply and what the benefits and restrictions are. The language was out of compliance with changes made to RCW 18.43.130 that took effect on July 1, 1998. The effect will be to bring the rule up to date so that those reading it will have current information. In addition, moving the rule from chapter 196-24 to 196-25 WAC, Business practices, will make the information easier to find.
Proposal Changes the Following Existing Rules: RCW 18.43.070 was inserted where appropriate. Subsections (3)(b) and (c) were amended to delete partnership and add language about limited liability companies, designated land surveyor for corporations and designated land surveyor and designated engineer for limited liability companies.
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-3074.1
NEW SECTION
WAC 196-25-100
Retired status certificate of registration.
In accordance with RCW 18.43.075, any individual who has been issued a certificate of registration, in accordance with chapter 18.43 RCW, as a professional engineer or professional land surveyor, having reached at least the age of sixty-five and having discontinued active practice as an engineer and/or land surveyor, may be eligible to obtain a "retired certificate of registration." If granted, further certificate of registration renewal fees are waived. For the purpose of this provision, "active practice" is defined as exercising direct supervision and control over the development and production of an engineering or land surveying document as provided in RCW 18.43.070 and/or any related activities pertaining to the offer of and/or the providing of professional engineering or land surveying services as defined in RCW 18.43.020.
(1) Applications. Those persons wishing to obtain the status of a retired registration shall complete an application on a form as provided by the board. Applications shall be sent to the executive director at the address of the board. Upon receipt of said application and, if deemed eligible by the board, the retired status would become effective on the first scheduled renewal date of the certificate of registration that occurs on or after the applicant reaches the age of sixty-five. It shall not be necessary that an expired certificate of registration be renewed to be eligible for this status. The board will not provide refund of renewal fees if the application for "retired" status is made and granted before the date of expiration of the certificate of registration.
(2) Privileges. In addition to the waiver of the renewal fee, a retired registrant is permitted to:
(a) Retain the board issued wall certificate of registration;
(b) Use the title professional engineer (PE) or professional land surveyor (PLS), provided that it is supplemented by the term retired, or the abbreviation "ret";
(c) Work as an engineer or land surveyor in a volunteer capacity, provided that the retired registrant does not create an engineering or land surveying document, and does not use their seal, except as provided for in (d) of this subsection;
(d) Provide experience verifications and references for persons seeking registration under chapter 18.43 RCW. If using their professional seal the retired registrant may place the word "retired" in the space designated for the date of expiration;
(e) Serve in an instructional capacity on engineering and/or land surveying topics;
(f) Provide services as a technical expert before a court, or in preparation for pending litigation, on matters directly related to engineering or land surveying work performed by the registrant before they were granted a retired registration;
(g) Serve in a function that supports the principles of registration and/or promotes the professions of engineering and land surveying, such as members of commissions, boards or committees;
(h) Serve in an engineering or land surveying capacity as a "good samaritan," as set forth in RCW 38.52.195 and 38.52.1951, provided said work is otherwise performed in accordance with chapter 18.43 RCW.
(3) Restrictions. A retired registrant is not permitted to:
(a) Perform any engineering or land surveying activity, as provided for in RCW 18.43.020, unless said activity is under the direct supervision of a Washington state professional engineer or professional land surveyor who has a valid/active registration in the records of the board;
(b) Act as the designated engineer or the engineer in responsible charge for a Washington engineering corporation or Washington engineering limited liability company, or act as the designated land surveyor or land surveyor in responsible charge for a Washington land surveying corporation or Washington land surveying limited liability company;
(c) Apply their professional engineers or land surveyors seal, as provided for in RCW 18.43.070, to any plan, specification, plat or report, except as provided for in subsection (2)(d) of this section.
(4) Certificate of registration reinstatement. A retired registrant, upon written request to the board and payment of the current renewal fee, may resume active engineering or land surveying practice. At that time the retired registrant shall be removed from retired status and placed on valid/active status in the records of the board. All rights and responsibilities of a valid/active registration will be in effect. At the date of expiration of the reinstated certificate of registration, the registrant may elect to either continue active registration or may again apply for retired registration in accordance with the provisions of this chapter.
(5) Exemptions. Under no circumstances shall a registrant be eligible for a retired registration if their certificate of registration has been revoked, surrendered or in any way permanently terminated by the board under RCW 18.43.110. Registrants who are suspended from practice and/or who are subject to terms of a board order at the time they reach age sixty-five shall not be eligible for a retired registration until such time that the board has removed the restricting conditions.
(6) Penalties for noncompliance. Any violations of this section shall be considered "misconduct and/or malpractice" as defined in RCW 18.43.105. Such violations are subject to penalties as provided for in RCW 18.43.110 and 18.43.120.
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OTS-3119.1
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 196-24-058 | Retired status certificate of registration. |