WSR 17-05-105
[Filed February 15, 2017, 10:06 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Chapter 136-12 WAC, Standards of good practiceVacancy in position of county engineer.
Hearing Location(s): County Road Administration Board (CRABoard), 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504, on April 27, 2017, at 2:00 p.m.
Date of Intended Adoption: April 27, 2017.
Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, email, fax (360) 350-6094, by April 21, 2017.
Assistance for Persons with Disabilities: Contact Karen Pendleton by April 21, 2017, TTY (800) 883-6384 or (360) 753-5989.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The CRABoard finds that amending chapter 136-12 WAC will better define the process which the county takes in reporting a vacancy or change in the position of county engineer.
Statutory Authority for Adoption: Chapter 36.78 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: CRABoard, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Derek Pohle, Thurston County, (360) 753-5989; and Enforcement: Jay Weber, Thurston County, (360) 753-5989.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
February 8, 2017
Jay P. Weber
Executive Director
Chapter  136-12  WAC
AMENDATORY SECTION (Amending WSR 02-18-018, filed 8/22/02, effective 9/22/02)
WAC 136-12-010 Purpose and authority.
The laws of the state of Washington make detailed provisions in chapter 36.80 RCW, for the employment of a county engineer in each county. This chapter specifies that the county legislative authority of each county shall employ a county road engineer on either a full-time or part-time basis, or by contracting with another county for the engineering services of a county road engineer; that he/she shall be a registered and licensed professional civil engineer under the laws of this state; that he/she shall have supervision, under the direction of the county legislative authority, of all activities related to the county roads of the county, including maintenance; that he/she shall certify to the county legislative authority all bills with respect to county roads; that he/she shall keep complete public records of all road department activities; that he/she shall prepare plans and specifications for all construction work on the county road system; give an official bond to the county conditioned upon faithfully performing all the duties and accounting for county property entrusted to him or her.
AMENDATORY SECTION (Amending WSR 14-17-035, filed 8/13/14, effective 9/13/14)
WAC 136-12-020 Procedure during vacancy or change.
((It is unavoidable that vacancies will occur from time to time in the position of county engineer.)) When a vacancy or change occurs in the office of county engineer due to resignation, retirement, death or for any other reason, the county legislative authority shall take immediate steps to find a replacement, either by promotion from within the organization if a competent and eligible person is available, or by advertisement for, and interview of, qualified applicants. The county legislative authority or county executive shall, in writing, by electronic email or official letter, within five working days, notify the county road administration board of the vacancy or change, and of the procedure to be followed during the period of vacancy. The notice to the county road administration board shall state that the legislative authority or county executive has reviewed the requirements within this chapter.
AMENDATORY SECTION (Amending WSR 02-18-018, filed 8/22/02, effective 9/22/02)
WAC 136-12-045 Notification of hiring.
When final arrangements for the employment of a new county engineer have been made, the county legislative authority or the county executive shall, within five working days, notify the county road administration board in writing and shall include the following information: Name of new county engineer, Washington registration number, start date, and contact information, including an email address ((if)) when available. In addition, the notification shall include a copy of the organization chart detailing the responsibilities of the county engineer if there is an adopted change, WAC 136-50-051, and a copy of the appointment resolution, letter of appointment, or copy of the meeting minutes of the legislative authority recording the appointment.
AMENDATORY SECTION (Amending WSR 09-23-044, filed 11/9/09, effective 12/10/09)
WAC 136-12-060 Failure to comply.
In the case of vacancy or change, if notification is not received within the time frame established in WAC 136-12-045, the matter of the vacancy will be considered at the next regular meeting of the county road administration board. The county road administration board may require that all construction by county forces projects be shut down and/or that all distribution of gas tax funds to the county cease: Provided however, that it may continue to grant reasonable extensions in the event the affected county can give adequate proof or demonstrate at the next regularly scheduled board meeting that a diligent effort has been made to secure the services of a qualified engineer.