DEPARTMENT OF LICENSING

[Filed November 2, 2018, 8:19 a.m., effective December 3, 2018]

Effective Date of Rule: Thirty-one days after filing.

Purpose: To give professional engineer and land surveyor 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. The adopted new section 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.

Citation of Rules Affected by this Order: Amending WAC 196-23-070, 196-33-400, and 196-33-600.

Statutory Authority for Adoption: RCW 18.43.035, 18.210.050, 18.210.060.

Adopted under notice filed as WSR 18-12-066 on June 1, 2018.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 2, Repealed 0.

Date Adopted: November 2, 2018.

AMENDATORY SECTION(Amending WSR 08-10-009, filed 4/24/08, effective 7/1/08)

WAC 196-23-070Signature.

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;

(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;

(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 196-33-400Seals 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)).

((

))

WAC 196-33-600Signature.