WSR 16-17-110 EXPEDITED RULES DEPARTMENT OF LICENSING [Filed August 22, 2016, 11:32 a.m.]
Title of Rule and Other Identifying Information: Engineers and professional land surveyors, WAC 196-27A-010 Purpose and applicability and 196-29-110 Land surveying practice standards.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Julie Konnersman, Department of Licensing, Regulatory Boards Section, P.O. Box 9012, Olympia, WA 98507, AND RECEIVED BY October 24, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Housekeeping of WAC 196-27A-010 and 196-29-110. Both reference RCW 18.43.105(11) which no longer exists. There will be no anticipated effects on stakeholders.
Reasons Supporting Proposal: Clarifies rules by removing obsolete reference without changing its effect.
Statutory Authority for Adoption: RCW 18.43.035.
Statute Being Implemented: RCW 18.43.035, [18.43.]110.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, regulatory boards section, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Julie Konnersman, Olympia, (360) 664-1507; and Enforcement: Lorin Doyle, Olympia, (360) 664-1386.
August 22, 2016
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 02-23-027, filed 11/12/02, effective 12/13/02)
WAC 196-27A-010 Purpose and applicability.
(1) RCW 18.43.110 provides the board of registration for professional engineers and land surveyors (board) with the exclusive power to fine and reprimand registrants and suspend or revoke the certificate of registration of any registrant for violation of any provisions of chapter 18.43 or 18.235 RCW. ((This includes, as stated in RCW 18.43.105(11), "Committing any other act, or failing to act, which act or failure are customarily regarded as being contrary to the accepted professional conduct or standard generally expected of those practicing engineering or land surveying.")) The purpose of chapter 196-27A WAC is to provide further guidance to registrants with respect to the accepted professional conduct and practice generally expected of those practicing engineering or land surveying.
(2) These rules of professional conduct and practice are applicable to all registrants and engineering/land surveying firms. A registrant is any person holding a certificate or license issued in accordance with chapter 18.43 RCW and an engineering/land surveying firm is one that has been issued a certificate of authorization to practice by the board.
(3) All persons, corporations, joint stock associations and limited liability companies registered under the provisions of chapter 18.43 RCW are charged with having knowledge of, and practicing in accordance with, the provisions of this chapter.
AMENDATORY SECTION (Amending WSR 06-22-038, filed 10/25/06, effective 11/25/06)
WAC 196-29-110 Land surveying practice standards.
Failure by any registrant to comply with the provisions of the Survey Recording Act, chapter 58.09 RCW and the survey standards, chapter 332-130 WAC shall be considered misconduct or malpractice as defined by RCW 18.43.105(((11))) (10).
The following standards shall also apply:
(1) The monumentation, posting, and/or the marking of a boundary line between two existing corner monuments constitutes the "practice of land surveying" as defined in chapter 18.43 RCW and chapter 196-16 WAC, and consequently requires said work to be performed under the direct supervision of a registered professional land surveyor.
(2) The field survey work performed to accomplish the monumentation, posting, and marking of a boundary line between two existing corner monuments shall meet the minimum standards imposed by chapter 332-130 WAC.
(3) The monumentation, posting, and/or marking of a boundary line between two existing corner monuments involves a determination of the accuracy and validity of the existing monuments by the use of standard survey methods and professional judgment.
(4) The monumentation, posting, and marking of a boundary line between two existing corner monuments shall require the filing of a record of survey according to chapter 58.09 RCW unless both corners satisfy one or both of the following requirements:
(a) The corner(s) are shown as being established on a properly recorded or filed survey according to chapter 58.09 RCW and are accurately and correctly shown thereon.
(b) The corner(s) are described correctly, accurately, and properly on a land corner record according to chapter 58.09 RCW if their establishment was by a method not requiring the filing of a record of survey.
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