PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: To replace the current brief adjudicative proceedings portions of chapter 196-09 WAC, so that the new sections regarding the brief adjudicative proceedings may be used in more circumstances, and be standardized throughout the division and agency.
Statutory Authority for Adoption: RCW 18.43.035.
Other Authority: Chapter 18.235 RCW.
Adopted under notice filed as WSR 06-07-119 on March 20, 2006.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 27 [May 1], 2006.
George A. Twiss
Executive Director
(((1) To appeal a determination that an applicant for
certification as an engineer-in-training or land
surveyor-in-training does not meet the minimum certification
requirements as provided in chapter 18.43 RCW and/or chapters
196-20 and 196-21 WAC; or
(2) To appeal a determination that a professional engineer or professional land surveyor applicant does not meet the minimum licensing requirements as provided in chapter 18.43 RCW and/or chapter 196-12 WAC (PE) and chapter 196-16 WAC (PLS); or))
(2) Brief adjudicative proceedings may be used to determine the following issues, including, but not limited to:
(a) Whether an applicant has satisfied terms for reinstatement of a license after a period of license restriction, suspension, or revocation;
(b) Whether an applicant is eligible to sit for a professional licensing examination;
(c) Whether a sanction proposed by the board is appropriate based on the stipulated facts;
(d) Whether an applicant meets minimum requirements for an initial or renewal application;
(e) Whether an applicant has failed the professional licensing examination;
(f) Whether a licensee has sufficient continuing education credits when the licensee submits a renewal application;
(g) Whether an applicant or licensee failed to cooperate in an investigation by the board
(h) Whether an application or licensee was convicted of a crime that disqualifies the applicant or licensee from holding the specific license sought or held;
(i) Whether an applicant or licensee has defaulted on educational loans;
(j) Whether an applicant or licensee has violated the terms of a final order issued by the board or the board's designee;
(k) Whether a person has engaged in false, deceptive or misleading advertising; or
(l) Whether a person has engaged in unlicensed practice.
(((3) To determine whether a licensee requesting renewal
or reinstatement has submitted all required information and
has met the minimum criteria for renewal or restatement; or))
(3) In addition to the situations enumerated in subsection (2) of this section, the board may conduct brief adjudicative proceedings instead of formal adjudicative hearings whenever the parties have stipulated to the facts and the only issues presented are issues of law, or whenever issues of fact exist but witness testimony is unnecessary to prove or disprove the relevant facts.
(((4) To determine whether an individual, named in
default of student loan payments under RCW 18.43.160, holds a
certification or license issued under chapter 18.43 RCW.))
[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, § 196-09-050, filed 1/21/04, effective 2/21/04.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 04-04-001, filed 1/21/04,
effective 2/21/04)
WAC 196-09-055
Records required for brief adjudicative
proceeding.
The records for the brief adjudicative proceeding
shall include:
(1) ((Applicants for certification/licensing: Original
complete application with all attachments required by the
board; all documents relied upon in reaching the determination
of ineligibility; and all correspondence between the applicant
and the board about the application or the appeal.)) -Renewal
or reinstatement of license:
• All correspondence between the applicant and the board about the renewal or reinstatement;
• Copies of renewal notice(s) sent by the department of licensing to the licensee;
• All documents received by the board from or on behalf of the licensee relating to information, payments, or explanations that have been provided to the board.
(2) ((License renewal or reinstatement: Copy(ies) of
original renewal notice(s) sent by the department of licensing
to the licensee; all documents received by the board from or
on behalf of the licensee relating to information, payments or
explanations that have been provided to the board.))
Applicants for certification/licensing:
• Original complete application with all attachments as submitted by the applicant;
• Copies of all supplementary information related to application review by staff or board member;
• All documents relied upon in reaching the determination of ineligibility;
• All correspondence between the applicant and the board about the application or appeal.
(3) Default of student loan payments: ((Copy(ies) of
notice(s) to the board showing the name and other
identification information of the individual claimed to be in
default on student loan payments; copies of identification
information corresponding to the person(s) who is (are)
certified/licensed by the board that relate to the identity of
the individual in default; and all documents received by the
board from or on behalf of the licensee relating to rebutting
such identification.))
• Copies of notices to the board showing the name and other identification information of the individual claimed to be in default on student loan payments;
• Copies of identification information corresponding to the person who is certified/licensed by the board that relate to the identity of the individual in default;
• All documents received by the board from or on behalf of the licensee relating to rebutting such indentification;
• 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
• A written release, if any issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.
(4) Determination of compliance with previously issued board order:
• The previously issued final order or agreement;
• All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;
• All correspondence between the license holder and the program regarding compliance with the final order or agreement; and
• All documents relied upon by the program showing that the license holder has failed to comply with the previously issued final order or agreement.
[Statutory Authority: Chapters 18.43 and 18.235 RCW. 04-04-001, § 196-09-055, filed 1/21/04, effective 2/21/04.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.