WSR 00-08-042

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed March 30, 2000, 11:33 a.m. ]

Date of Adoption: March 9, 2000.

Purpose: To implement the requirement that a practice permit be established for on-site wastewater designers by July 1, 2000, in accordance with 2SSB 5821, chapter 263, Laws of 1999, codified as chapter 18.210 RCW.

Statutory Authority for Adoption: RCW 18.210.060, 18.210.050.

Adopted under notice filed as WSR 00-04-059 on January 28, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 7, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 7, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

March 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