WSR 99-10-080

PROPOSED RULES

DEPARTMENT OF LICENSING


(Engineer Registration Board)

[ Filed May 4, 1999, 2:48 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-02-074.

Title of Rule: WAC 196-25-040 Provisions pertaining to both corporations and limited liability companies, this rule provides information for engineering and land surveying companies regarding designating an engineer or land surveyor, changing said designee or company name, renewals and liability.

Purpose: Amend the rule to describe the appropriate document that a corporation or limited liability company must submit to the board yearly to renew their certificate of authority to practice engineering and/or land surveying in the state.

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 196-25-040 was reviewed because the rule language was causing problems with renewing certificates of authority for businesses to practice. The review found that the rule required engineering and land surveying companies to submit a copy of their business license to renew each year. However, that license did not have the needed information on it. The rule is amended to describe the form issued by master license service that is needed and the pertinent language that would be on that form.

Reasons Supporting Proposal: Amending this rule will eliminate the confusion and decrease the current turn around time needed to renew a business' certificate of authority to practice.

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 provides information to corporations and limited liability companies offering engineering and/or land surveying services. The purpose is to give guidance to said companies for designating engineers and land surveyors within the company, what to do if the designee or company name changes, what information must be submitted to renew their certificate of authority each year, and stating that the filing of a resolution does not relieve a business of its liability under chapter 18.43 RCW.

Amending the rule will clarify what information must be submitted to renew the certificate of authority and thus decrease the time it currently takes to process a business' renewal.

Proposal Changes the Following Existing Rules: The rule is amended to delete that a business license must be submitted for renewal and add that a document issued to the company by the master license service stating that the company has been "renewed by the authority of the secretary of state" must be submitted. The document must also show a current expiration date.

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-2948.1


AMENDATORY SECTION(Amending WSR 98-12-053, filed 5/29/98, effective 7/1/98)

WAC 196-25-040
Provisions pertaining to both corporations and limited liability companies.

(1) If the business offers both engineering and land surveying services, there must be a designee for each profession.  If a person is licensed in both engineering and land surveying, that person may be designated for both professions.

(2) An affidavit must be signed by the designee(s) stating that he or she knows they have been designated by the business as being responsible for the engineering and/or land surveying activities in the state of Washington.

(3) The designated engineer and/or designated land surveyor must be an employee of the business.

(4) No person may be the designated engineer or designated land surveyor at more than one business at any one time.

(5) If there is a change in the designee(s), the business must notify the board in writing within thirty days of the effective date of the change and submit a new affidavit.

(6) If the business changes its name, the business must submit a copy of its amended certificate of authority or amended certificate of incorporation (for corporations) or a copy of the certificate of amendment (for LLC's), as filed with the secretary of state within thirty days of the filing.

(7) At the time of renewal, ((a copy of the business' business license must be submitted to insure that the company is registered with the secretary of state and has a current uniform business identification (UBI) number)) the corporation or limited liability company must submit a copy of the document issued to their company by the state of Washington master license service which states that the corporation or limited liability company has been "renewed by the authority of the secretary of state" and shows a current expiration date.

(8) The filing of the resolution shall not relieve the business of any responsibility or liability imposed upon it by law or by contract.  Any business that is certified under chapter 18.43 RCW and this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, and 18.43.120.

[Statutory Authority: RCW 18.43.035 and 18.43.130.  98-12-053, 196-25-040, filed 5/29/98, effective 7/1/98.]

Washington State Code Reviser's Office