WSR 09-21-097





[ Filed October 20, 2009, 2:16 p.m. ]

Supplemental Notice to WSR 09-12-050.

Preproposal statement of inquiry was filed as WSR 09-08-005.

Title of Rule and Other Identifying Information: Chapter 196-25 WAC, Business practices.

Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Room 2209, Olympia, WA 98502, on November 24, 2009, at 3:00 p.m.

Date of Intended Adoption: November 30, 2009.

Submit Written Comments to: George A. Twiss, PLS, Executive Director, Board of Professional Engineers and Land Surveyors, P.O. Box 9025, Olympia, WA 98507-9025, e-mail, fax (360) 664-2551, by November 20, 2009.

Assistance for Persons with Disabilities: Contact Kim King, executive assistant, by November 20, 2009, TTY (360) 664-8885 or (360) 664-1564.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To better define the language regarding direct supervision of engineers and land surveyors.

Reasons Supporting Proposal: The original definition of direct supervision was broad-based, and the board determined that a more specific definition was needed to guide the licensees in their business practices. After the hearing was held regarding the language filed with WSR 09-12-050, the board determined that a sentence that was deleted out of the existing rule language needed to be put back into the proposed rule language.

Statutory Authority for Adoption: RCW 18.43.035.

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) 664-1565.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact to licensees.

A cost-benefit analysis is not required under RCW 34.05.328. There is no economic impact to licensees.

October 20, 2009

George A. Twiss

Executive Director


AMENDATORY SECTION(Amending WSR 06-22-033, filed 10/25/06, effective 11/25/06)

WAC 196-25-070   Providing direct supervision.   Direct supervision ((is a combination of activities)) means the actions by which a licensee maintains control over those decisions that are the basis for the findings, conclusions, ((analysis)) analyses, rationale, details, and judgments ((that are embodied in the development and)) required for the preparation of engineering or land surveying plans, specifications, plats, reports, and related activities. Direct supervision requires providing personal direction, oversight, inspection, observation and supervision of the work being certified.

((Communications between the licensee and those persons who are performing the work)) These actions may include, but are not limited to((, use of any of the following ways)): Direct face-to-face communications; written communications; U.S. mail; electronic mail; facsimiles; telecommunications, or other current technology((: Provided, That the licensee retains, maintains, and asserts continuing control and judgement)). Contractual or employment relations must be in place between the licensee and unlicensed preparer to qualify as direct supervision. Mentoring is not direct supervision. Drawing or other document review after preparation without involvement in the design and development process as described above cannot be accepted as direct supervision.

[Statutory Authority: RCW 18.43.035. 06-22-033, 196-25-070, filed 10/25/06, effective 11/25/06. Formerly WAC 196-23-030.]

Washington State Code Reviser's Office