WSR 97-03-121

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed January 21, 1997, 4:55 p.m.]

Date of Adoption: January 17, 1997.

Purpose: Filed under CR-102 WSR 96-20-113 and CR-102 continuation WSR 96-22-111: WAC 308-12-025 Application for examination, removes deadlines for applications and references to the paper-and-pencil examination that is no longer available. WAC 308-12-031 Registration examination, removes reference to a written form of examination that is no longer available. WAC 308-12-040 Appeal of examinations, removes references to the grading of the written form of examinations that is no longer available. WAC 308-12-050 Registration by reciprocity, removes out-of-date reference to applicants' base state which is no longer used. WAC 308-12-324 Compliance with laws, updates the reference to other licensing jurisdictions' laws to which architects must comply. WAC 308-12-140 Examination--Qualifications of candidates, repealed as no longer applicable. WAC 308-12-145 Acceptable work experience, repealed as no longer applicable. WAC 308-12-210 Application of brief adjudicative proceedings, explanation of the administrative uses of the brief adjudicative proceedings by the Board of Registration for Architects. WAC 308-12-220 Preliminary record in brief adjudicative proceedings, lists the required documents for conducting a brief adjudicative proceeding. WAC 308-12-230 Conduct of brief adjudicative proceedings, provides the administrative procedures for appointing the presiding officer and conducting the brief adjudicative proceedings. WAC 308-12-240 Reinstatement of suspended certificates, eligibility for registration, or denied renewals, provides the administrative procedures for persons to obtain reinstatement of eligibility, certification, or registration for suspension or denial actions under brief adjudicative proceedings.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-12-140 and 308-12-145; and amending WAC 308-12-025, 308-12-031, 308-12-040, 308-12-050, and 308-12-324.

Statutory Authority for Adoption: WAC 308-12-025 and 308-12-145 is RCW 18.08.350(2); WAC 308-12-031, 308-12-040 and 308-12-140 is RCW 18.08.360(2); and WAC 308-12-050, 308-12-324, 308-12-210, 308-12-220, 308-12-230, and 308-12-240 is RCW 18.08.340.

Adopted under notice filed as WSR 96-22-111 on November 6, 1996.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 4, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 5, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 2.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

January 17, 1997

George Nachtsheim

Chairman

AMENDATORY SECTION (Amending WSR 95-04-080, filed 1/31/95, effective 3/3/95)

WAC 308-12-025 Application for examination. (1) The application ((for examination)) to begin the examination process must be submitted on forms approved by the board, accompanied by academic and/or practical experience verification to document eligibility under the provisions of RCW 18.08.350. ((Applications for admission to a scheduled examination must be submitted or postmarked not later than the following dates:

Examination Months/Divisions Cut-off Dates

June - All Divisions April 1

December - B(Graphic), C October 1))

(2) Applications for the examination must be accompanied by the application fee for the examination as established by the director and published in chapter 308-12 WAC, architect fees. The application fee to begin the examination process will not be refunded.

(3) On subsequent attempts examinees may retake any divisions offered not passed on previous attempts. ((Applications for examination or reexamination must be accompanied by the application fee for examination or reexamination fee and the appropriate examination fee for each division as established by the director and published in chapter 308-12 WAC, architect fees. For reexamination applicants, examination fees are listed by separate division.

(3) For the June and December examinations, notices of acceptance (examination admission letters) will be mailed to eligible applicants approximately six weeks prior to the examination, along with detailed information as to times, place, and scheduled examination divisions.

(4) The application fee for examination and the reexamination fee are administrative charges and will not be refunded. The examination fees for each division may be refunded if notice of cancellation is received by the department prior to ordering of examinations from the national test supplier.))

[Statutory Authority: RCW 18.08.340. 95-04-080, 308-12-025, filed 1/31/95, effective 3/3/95. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), 308-12-025, filed 8/10/89, effective 9/10/89. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-025, filed 10/17/85.]

AMENDATORY SECTION (Amending WSR 90-11-062, filed 5/15/90, effective 6/15/90)

WAC 308-12-031 Registration examination. The ((form of)) board adopts the N.C.A.R.B. Architect Registration Examination (A.R.E.) as the examination required of applicants ((shall consist of a written and an oral examination)). Where RCW 18.08.360 refers to the "entire examination," it means the ((written examination)) NCARB A.R.E. together with the oral examination. ((The written examination shall be administered at times and locations the board determines appropriate.))

The board adopts the ((architectural registration examination and)) grading procedures prepared by the ((National Council of Architectural Registration Boards as the written portion of the examination. The written examination includes computerized versions)) NCARB.

(1) The ((director)) test vendor shall publish an information guide concerning examination content, locations, ((and)) schedules, and fees.

(2) ((To pass the written examination,)) An applicant must ((achieve a passing grade on)) pass each division of the NCARB examination.

(3) The oral examination is given upon the applicant's completion of the ((written)) NCARB examination.

The purpose of the oral examination is to test in those areas of knowledge and skill not covered in the ((written)) NCARB examination.

The oral part of the examination shall include a review of the applicant's practical experience, an understanding of the law and the responsibility to safeguard life, health, and property and to promote the public welfare.

The oral examination may be conducted by the full board or by an architect member of the board. The board may ((waive)) set aside the full board examination if the examining board member deems the applicant prepared for registration. If ((such waiver is not granted)) the full board examination is not set aside or if the examining board member fails the applicant, the applicant must then appear for a full board oral examination.

The board may ((waive)) set aside the entire oral examination based upon certification by the ((National Council of Architectural Registration Boards)) NCARB of successful completion of the intern development program. Such applicants ((may)) shall submit the (("green cover")) NCARB Council Record of IDP ((certificate in lieu of the exhibit checklist which is required for the oral examination. This waiver of)) completion. The decision to set aside the oral examination does not affect the requirement to summarize the law and rules pertaining to architecture.

((If an applicant does not receive a recommendation for registration, the board will advise the applicant of the areas of deficiency and schedule another oral examination.))

An applicant must successfully complete the entire examination within a five-year period. The five-year period shall begin with the month an applicant ((begins the examination process)) passes the first division of the examination. Passing scores for any division of the examination may be carried forward for a period of five years from the date the applicant passed that division of the examination. Applicants shall retake any division of the examination which was passed more than five years previously, along with any division of the examination not yet passed. The oral examination is part of the entire examination and shall be completed within the five-year period.

[Statutory Authority: RCW 18.08.340 and 18.08.360. 90-11-062, 308-12-031, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), 308-12-031, filed 8/10/89, effective 9/10/89; 88-17-085 (Order PM 767), 308-12-031, filed 8/22/88. Statutory Authority: RCW 18.08.340 and 18.08.360. 88-01-035 (Order PM 694), 308-12-031, filed 12/11/87. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-031, filed 10/17/85. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), 308-12-031, filed 2/11/85; 84-04-028 (Order PL 458), 308-12-031, filed 1/25/84; 83-04-071 (Order PL 422), 308-12-031, filed 2/2/83.]

AMENDATORY SECTION (Amending Order PM 843, filed 6/5/89)

WAC 308-12-040 Appeal of examinations. The board adopts the grading procedures as ((set forth in the current Circular of Information Number 2, of)) established by the ((National Council of Architectural Registration Boards)) NCARB. No appeal of failing scores will be accepted by the department or the board ((after the conclusion of the national grading session)).

[Statutory Authority: RCW 18.08.360. 89-12-052 (Order PM 843), 308-12-040, filed 6/5/89. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), 308-12-040, filed 2/11/85; 83-04-071 (Order PL 422), 308-12-040, filed 2/2/83; Order PL 178, 308-12-040, filed 10/23/74; Order PL-132, 308-12-040, filed 9/25/72; Rule 8, filed 10/26/62.]

AMENDATORY SECTION (Amending Order PM 857, filed 8/10/89, effective 9/10/89)

WAC 308-12-050 Registration by reciprocity. Pursuant to RCW 18.08.400, the board will recommend to the director that the director grant a certificate of registration to a currently registered architect in ((another state or territory of the United States, the District of Columbia, or another country)) any jurisdiction recognized by NCARB provided:

(1) That such applicant presents evidence that the applicant has satisfactorily completed ((a written)) an examination equivalent to the examination required of Washington state registrants. Documentation of NCARB certification may be accepted by the board as satisfactory evidence that the applicant's qualifications and experience are equivalent to the qualifications and experience required of a person registered under RCW 18.08.350.

(2) That the applicant provides a typed summary analysis of chapter 18.08 RCW and chapter 308-12 WAC. The summary must include an analysis of each section of chapter 18.08 RCW and chapter 308-12 WAC in sufficient detail to demonstrate a thorough understanding of the law and rules as determined by the board.

(3) That the board will require an oral interview of any candidate for registration by reciprocity, except that the oral interview may be ((waived)) set aside in cases where documentary or other evidence shows sufficient information for the board to reach judgment.

(4) That the architect's ((base)) current state license is not delinquent or inactive. The current ((base)) state license cannot be under suspension, disciplinary restrictions, or in process of disciplinary review. Reciprocity applicants are held to the same qualifications as initial applicants for registration.

[Statutory Authority: RCW 18.08.360. 89-17-038 (Order PM 857), 308-12-050, filed 8/10/89, effective 9/10/89. Statutory Authority: RCW 18.08.340(1) and 18.08.400. 88-09-066 (Order PM 720), 308-12-050, filed 4/20/88. Statutory Authority: RCW 18.08.340 and 18.08.350 (3)(a). 86-04-088 (Order PL 579), 308-12-050, filed 2/5/86. Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-050, filed 10/17/85. Statutory Authority: RCW 18.08.130. 85-05-010 (Order PL 517), 308-12-050, filed 2/11/85; 84-04-028 (Order PL 458), 308-12-050, filed 1/25/84; 83-04-071 (Order PL 422), 308-12-050, filed 2/2/83; Order PL-132, 308-12-050, filed 9/25/72; Order 691102, 308-12-050, filed 11/26/69; Rule 9, filed 11/19/64, 10/26/62.]

AMENDATORY SECTION (Amending Order PL 560, filed 10/17/85)

WAC 308-12-324 Compliance with laws. (1) An architect shall not, in the conduct of his or her architectural practice, knowingly violate any state or federal criminal law.

(2) An architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the architect is interested.

(3) An architect shall comply with the registration laws and regulations governing his or her professional practice ((in any United States jurisdiction)).

[Statutory Authority: 1985 c 37 5. 85-21-065 (Order PL 560), 308-12-324, filed 10/17/85.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-12-140 Examination--Qualifications of candidates.

WAC 308-12-145 Acceptable work experience.

NEW SECTION

WAC 308-12-210 Application of brief adjudicative proceedings. The board adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request pursuant to subsection (1) below or at the discretion of the board chair pursuant to RCW 34.05.482. (1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following issues:

(a) A determination whether an applicant meets the qualifications for a certificate of registration or certificate of authorization to practice architecture in this state and the board proposes to deny the application;

(b) A determination if an applicant for a certificate of registration to practice architecture in this state is eligible to begin the examination, continue the examination if already in the examination process, or to complete the examination;

(c) A determination whether a person or organization is in compliance with the terms and conditions of a final order previously issued by the board; or,

(d) A determination whether a certificate holder or an applicant for examination, certification or certificate renewal has been certified by a lending agency and reported for nonpayment or default on a federally or state-guaranteed student loan or service conditional scholarship.

(2) Brief adjudicative proceedings under subsection (1) shall be limited to consideration of the following issues:

(a) In proceedings under subsections (1)(a) and (b) above, the sole issue to be considered at the hearing is whether the documentation submitted by an applicant for issuance or renewal of a certificate of registration or certificate of authorization to practice architecture in this state, or examination meets the requirements for issuance, or renewal of a certificate or to take the examination for a certificate.

(b) In proceedings under subsection (1)(c) above, the sole issue to be considered at the hearing is whether the documentation submitted indicates that a person or organization is in compliance with the terms and conditions of a final order previously issued by the board.

(c) In proceedings under subsection (1)(d) above, the issues to be considered at the hearing are: (i) whether the person has been correctly certified by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship and (ii) is in a state of nonpayment or default at the time of the brief adjudicative proceeding.

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NEW SECTION

WAC 308-12-220 Preliminary record in brief adjudicative proceedings. (1) The preliminary record with respect to an application for a license or to begin or continue the examination shall consist of:

(a) The application for the license or examination and all associated documents; and

(b) All documents relied upon by the program in proposing to deny the application; and

(c) All correspondence between the applicant for license or approval and the program regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement; and

(b) All reports or other documents submitted by the license holder, or at the direction of the license holder, in full or partial fulfillment of the terms of the final order; and

(c) All correspondence between the license holder and the program regarding compliance with the final order or agreement.

(d) All documents relied upon by the program that the license holder has failed to comply with the previously issued final order or agreement.

(3) The preliminary record for determination of nonpayment or default by the license holder on a federally or state-guaranteed student loan or service-conditional scholarship shall consist of:

(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed student loan or service-conditional scholarship; or

(b) A written release, if any, issued by the lending agency stating that the person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.

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NEW SECTION

WAC 308-12-230 Conduct of brief adjudicative proceedings. (1) Brief adjudicative proceedings shall be conducted by a presiding officer appointed by the current board chair in accordance with RCW 34.05.485. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but shall not have personally participated in the decision to issue the initiating document.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial written order.

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NEW SECTION

WAC 308-12-240 Reinstatement of suspended certificates, eligibility for registration, or denied renewals. Where a person's certificate of registration has been suspended, an applicant has been denied certificate renewal, or an applicant has been denied the ability to take the examination for certificate of registration due to nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship, his or her certificate renewal or examination application will be reinstated when the person provides the board a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency, provided, the person shall pay any applicable reinstatement or renewal fee.

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