PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-15-042.
Title of Rule and Other Identifying Information: Chapter 196-09 WAC, Board practices and procedures.
Hearing Location(s): Department of Licensing, Business and Professions Division, Conference Room #209, 405 Black Lake Boulevard, Olympia, WA 98502, on October 10, 2006, at 9:00 a.m.
Date of Intended Adoption: October 11, 2006.
Submit Written Comments to: George A. Twiss, PLS, Board of Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail engineers@dol.wa.gov, fax (360) 664-2551, by October 6, 2006.
Assistance for Persons with Disabilities: Contact Kim King by October 6, 2006, TTY (360) 664-8885 or (360) 664-1564.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Implementation of rules to clarify ethical issues for board members when working as private consultants.
Reasons Supporting Proposal: To give board members guidance on how to avoid conflict of interest.
Statutory Authority for Adoption: RCW 43.24.086.
Statute Being Implemented: Chapter 18.43 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board of registration for professional engineers and land surveyors, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1566.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no negative economic impact to small business.
A cost-benefit analysis is not required under RCW 34.05.328. See statement regarding the small business economic impact statement above.
September 5, 2006
George A. Twiss
Executive Director
BOARD PRACTICES AND PROCEDURES
(Formerly chapter 196-08 WAC)
(a) Exclude him or herself from the Board discussion regarding the specific contract, sale, lease, purchase or grant;
(b) Exclude him or herself from the Board vote on the specific contract, sale, lease, purchase or grant; and
(c) Refrain from attempting to influence the remaining Board members in their discussion and vote regarding the specific contract, sale, lease, purchase or grant.
(2) The prohibition against discussion set forth in sections (a) and (c) may not prohibit the member of the Board from using his or her general expertise to educate and provide general information on the subject area to the other members.
(3) Under subsection (1), "any other person" has a beneficial interest in a contract, sale, lease, purchase or grant when the other person bids or otherwise seeks to be awarded the contract, sale, lease, purchase or grant.
EXAMPLE:
The Board is composed of licensed professional engineers (PE) and professional land surveyors (PLS). A licensed PE member of the Board is employed by a company, which conducts forensic evaluations for the purpose of determining whether an engineering design was properly performed. The Board is in the process of selecting a contractor to conduct an evaluation of said engineering design for the Board's use during disciplinary activities. The company that employs the PE member of the Board has responded to the Board's RFP.
The PE member of the Board may use his general expertise regarding the performance of forensic evaluations to educate the Board as to the general elements of such review. The member is prohibited from participating in the Board's discussion, decision and vote for selecting a contractor.
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(a) Exclude him or herself from the Board discussion regarding the specific transaction;
(b) Exclude him or herself from the Board vote on the specific transaction; and
(c) Refrain from attempting to influence the remaining Board members in their discussion and vote regarding the specific transaction.
(2) The prohibition against discussion and voting set forth in sections (a) and (c) may not prohibit the member of the Board from using his or her general expertise to educate and provide general information on the subject area to the other members.
(3)(a) "Transaction" involving the Board means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the member in question believes, or has reason to believe:
(i) Is, or will be, the subject of board action; or
(ii) Is one to which the Board is or will be a party; or
(iii) Is one in which the Board has a direct and substantial proprietary interest.
(b) "Transaction" involving the Board does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a member; or a claim, case, lawsuit, or similar matter if the member did not participate in the underlying transaction involving the Board that is the basis for the claim, case, or lawsuit. Rulemaking is not a "transaction" as described in this subsection.
(4) "Board action" means any action on the part of the Board including, but not limited to:
(a) A decision, determination, finding, ruling, or order; and
(b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.
EXAMPLE:
The Board may discipline engineers or land surveyors for incompetence in their practice in Washington. The Board is conducting an investigation involving questionable surveying services provided by a county engineer's office. One of the members of the Board sits on that county's planning commission. The member must exclude him or herself from any Board investigation, discussion, deliberation and vote with respect to disciplinary actions arising from the investigation.
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