WSR 18-12-066
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed June 1, 2018, 10:16 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-09-096.
Title of Rule and Other Identifying Information: WAC 196-23-070 Signature, 196-33-400 Seals and stamps, and 196-33-600 Signature (proposed new section).
Hearing Location(s): On August 28, 2018, at 2:30 p.m., at the Department of Licensing, 405 Black Lake Boulevard, Conference Room 2108, Olympia, WA 98502.
Date of Intended Adoption: August 29, 2018.
Submit Written Comments to: Julie Konnersman, Management Analyst, Board of Registered Professional Engineers and Land Surveyors, P.O. Box 9012, Olympia, WA 98507-9012, email engineers@dol.wa.gov, fax 360-570-7098, by August 27, 2018.
Assistance for Persons with Disabilities: Contact Jenni Lingle, Administrative Assistant, phone 360-664-1564, fax 360-570-7098, TTY 711, email engineers@dol.wa.gov, by August 24, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending these chapters will give licensees the ability to use electronic signatures when submitting documents required to have a signature. The amendment to the stamp design will make it easier for licensees to upload documents requiring a stamp to local jurisdictions. Proposed new WAC 196-33-600 will outline the meaning of "signature" or "signed" as it is used in chapters 18.43, 18.210 RCW, and Title 196 WAC. It will include criteria for handwritten, digital and electronic representations of a signature and their requirements.
Reasons Supporting Proposal: These changes will align signature requirements for all design professions and give licensees the options necessary when filing documents based on jurisdictional requirements.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board of registered professional engineers and land surveyors, governmental.
Name of Agency Personnel Responsible for Drafting: Shanan Gillespie, 2000 4th Avenue N.W., Olympia, WA 98502, 360-664-1570; Implementation and Enforcement: Ken Fuller, 2000 4th Avenue N.W., Olympia, WA 98502, 360-664-1565.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Department of licensing is exempt under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.020(3) – these rules affect only individual licensees.
June 1, 2018
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 08-10-009, filed 4/24/08, effective 7/1/08)
WAC 196-23-070 Signature.
The terms "signature or signed," as used in chapter 18.43 RCW and/or Title 196 WAC, ((shall)) means the following:
(1) A handwritten identification or a digital representation of your handwritten identification that represents the act of putting ((one's)) your name on a document to attest to its validity. The handwritten or digital identification must be:
(a) Original and written by hand, or a scanned image of an original, handwritten identification;
(b) Permanently affixed to the document(s) being certified;
(c) Applied to the document by the identified licensee; and
(d) Placed directly over the seal/stamp of the licensee.
(2) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification may include a scanned or digitized signature. The digital identification must be:
(a) Unique to the licensee using it;
(b) Capable of independent verification;
(c) Under the exclusive control of the licensee using it; and
(d) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.
AMENDATORY SECTION (Amending WSR 01-11-102, filed 5/21/01, effective 6/21/01)
WAC 196-33-400 Seals and stamps.
All individuals licensed in accordance with chapter 18.210 RCW shall procure a seal/stamp that conforms to the design as authorized by the board. It is the responsibility of the licensee to maintain control over the use of his/her stamp/seal. The impression or image of the seal/stamp shall conform to the below-illustrated design and be of a size that assures full legibility of the following required information:
(1) State of Washington;
(2) Licensed on-site wastewater treatment system designer;
(3) License number;
(4) Licensee's name as shown on license((;
(5) Date of license expiration)).
((  )) |
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NEW SECTION
WAC 196-33-600 Signature.
The term "signature or signed," as used in chapters 18.43 and 18.210 RCW and/or Title 196 WAC, shall mean the following:
(1) A handwritten identification or a digital representation of your handwritten identification that represents the act of putting your name on a document to attest to its validity. The handwritten or digital identification must be:
(a) Original and written by hand, or a scanned image of an original, handwritten identification;
(b) Permanently affixed to the document(s) being certified;
(c) Applied to the document by the identified licensee; and
(d) Placed directly over the seal/stamp of the licensee.
(2) A digital identification that is an electronic authentication process attached to or logically associated with an electronic document. The digital identification may include a scanned or digitized signature. The digital identification must be:
(a) Unique to the licensee using it;
(b) Capable of independent verification;
(c) Under the exclusive control of the licensee using it; and
(d) Linked to a document in such a manner that the digital identification is invalidated if any data in the document is changed.