WSR 23-14-091
[Filed June 30, 2023, 9:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 23-01-051.
Title of Rule and Other Identifying Information: Chapter 196-12 WAC, Registered professional engineers.
Hearing Location(s): On August 23, 2023, at 1:30 p.m., at Board of Registration for Professional Engineers and Land Surveyors Office, 605 11th Avenue S.E., Suite 201, Olympia, WA 98501; or WebEx meeting The board of registration for professional engineers and land surveyors (board) is holding this hearing in person at the board's office in Olympia. The public may also virtually participate in the hearing by accessing the hearing link on the board's rule-making [web] page
Date of Intended Adoption: October 19, 2023.
Submit Written Comments to: Shanan Gillespie, P.O. Box 9025, Olympia, WA 98507-9025, email, by August 23, 2023.
Assistance for Persons with Disabilities: Contact Mackenzie Wherrett, phone 360-968-4813, TTY 711 or 1-800-835-5388, email, by August 18, 2023.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To implement changes to RCW 18.43.110 (FE waiver for applicants licensed in another jurisdiction), clarify current language regarding experience while enrolled in school, clarify language for applicants that have degrees from other countries, and repeal language that is no longer relevant.
Reasons Supporting Proposal: Implement changes to RCW 18.43.110 by the legislature in 2023. Clarification of recently amended language regarding processes and requirements for licensure as a professional engineer in Washington. Repeal of duplicate language found elsewhere in chapter 196-12 WAC.
Statutory Authority for Adoption: RCW 18.43.035.
Statute Being Implemented: RCW 18.43.040 and 18.43.110.
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: Shanan Gillespie, 605 11th Avenue S.E., Suite 201, Olympia, WA 98501, 360-664-1570; Implementation and Enforcement: Ken Fuller, 605 11th Avenue S.E., Suite 201, Olympia, WA 98501, 360-968-4805.
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. The board is not one of the agencies to which RCW 34.05.328 applies pursuant to RCW 34.05.328 (5)(a).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; rule content is explicitly and specifically dictated by statute; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
Is exempt under RCW 19.85.025(4).
Explanation of exemptions: The following rules are exempt per RCW 34.05.310 (4)(d) because the amendments clarify language without changing its effect: WAC 196-12-010 (3)(a), 196-12-014, and 196-12-021.
The following rules are exempt per RCW 34.05.310 (4)(g)(ii) process requirements for applying to an agency for a license or permit: WAC 196-12-010, 196-12-014, 196-12-020, and 196-12-021.
The following rule is exempt per RCW 34.05.310 (4)(e) dictated by statute: WAC 196-12-010(2).
Scope of exemption for rule proposal:
Is fully exempt.
June 30, 2023
Ken Fuller
AMENDATORY SECTION(Amending WSR 22-17-121, filed 8/23/22, effective 9/23/22)
WAC 196-12-010Licensure requirements for all applicantsInitial licensure and licensed in another jurisdiction.
To become licensed as a professional engineer in the state of Washington, whether you are applying for an initial license or you possess a license in another jurisdiction, you must meet the requirements for experience and examinations described below, which need not be completed within the state of Washington:
(1) Experience: Have eight years of experience in engineering work of a character satisfactory to the board:
(a) The eight years may be a combination of education and practical work experience.
(b) The eight years of experience must be broad based and progressive to include gaining knowledge and comprehension of engineering subjects and applying engineering principles.
(2) Examination requirements: An applicant must have received passing scores on two stages of examination(s). One must test the fundamentals of engineering and the other must test the principles and practice of engineering. Exam results must be independently verified by a NCEES member board, or a board approved foreign jurisdiction.
(a)(i) Fundamentals of engineering examination must meet the following requirements:
(ii) The examination must be either:
(A) The National Council of Examiners for Engineering and Surveying (NCEES) fundamentals-of-engineering (FE) examination; or
(B) An equivalent examination as determined by the board which tests the applicant's knowledge of appropriate fundamentals of engineering subjects including mathematics and the basic sciences as defined in RCW 18.43.040 (1)(b)(i) and was administered by a board approved foreign jurisdiction.
(b) Fundamentals of engineering examination waiver shall be granted to an applicant licensed in another jurisdiction provided that:
(i) The professional engineering license is currently active and is in good standing.
(ii) The license is in a branch of engineering currently recognized by the board.
(iii) The applicant has been actively licensed in a board recognized licensing jurisdiction for a minimum of 10 years since receiving their initial professional engineering license.
(c)Principles and practice of engineering examination: The principles and practice of engineering (PE) examination must be the examination administered by NCEES.
(3) Additional licensure requirements: An applicant must meet the following additional requirements for licensure:
(a) Receive a passing score on the Washington engineer law review exam;
(b) Fully complete the application form to the satisfaction of the board; and
(c) Pay all applicable fees.
AMENDATORY SECTION(Amending WSR 22-17-121, filed 8/23/22, effective 9/23/22)
WAC 196-12-014PE licensure application form.
The board has a single application form for PE licensure in the state of Washington. This application form must be used by all applicants including those applying for the PE exam and licensure concurrently, those who have already taken the PE examination in another jurisdiction but have not obtained their initial license, and those who are already licensed in another jurisdiction and are seeking a license in Washington state.
(1) Current PE examination and licensure applications: Applicants who have not taken the PE examination will apply for both the PE examination and licensure on the application form. In order to be approved by the board to take the PE examination, the applicant must complete all sections of the form, except the date and location of taking the PE exam and must otherwise meet all of the qualifications for licensure. Upon passing the PE examination, the applicant is also qualified for licensure.
Applications for PE examination and licensure must be received at the board's address with the applicable fee by the date posted on the board's website.
(2) All other applicants for PE licensure in Washington state. All other applicants applying for licensure in the state of Washington, including those who are licensed in another jurisdiction or have passed the Principles & Practices of engineering examination but have not obtained their initial license, must complete all sections of the application form provided by the board.
(((a)))(3) All applicants must provide information on the application form that demonstrates they meet all requirements for licensure. This includes work experience requirements, education requirements, and examination requirements as detailed in WAC 196-12-010, 196-12-020, and 196-12-021; and RCW 18.43.040.
(((b)))(4) All applicants must provide the following documents to verify ((these))the work experience, education, and examination requirements:
(a) A completed NCEES record transmitted to the Washington board; or
(b) Provide all the following documents:
(i) Education experience records - Official transcripts or the equivalent, showing all grades and degrees.
(ii) Work experience records - Completed form titled "Professional Engineering Experience Verification" which includes not only work experience information and details but also verifications of work experience by supervisors or other verifiers, per RCW 18.43.050.
(iii) Verification of licensing in any other jurisdiction(s), if any.
(iv) Verification of passing the FE examination or its equivalent (if any) or verification of FE waiver and verification of passing the PE examination.
AMENDATORY SECTION(Amending WSR 22-17-121, filed 8/23/22, effective 9/23/22)
WAC 196-12-020Work experience records.
The following criteria will be used in evaluating an applicant's experience record:
(1) Work experience will be approved based on a demonstration of competency and progressive responsibility in the analysis, synthesis and evaluation of engineering concepts and data, under the direct supervision of a person authorized by chapter 18.43 RCW or other applicable statute to practice engineering. Under the general guidance and direct supervision of an authorized professional, the applicant must be in a position of making independent judgments and decisions in the following experience areas:
(a) Formulating conclusions and recommendations;
(b) Identifying design and/or project objectives;
(c) Identifying possible alternative methods and concepts;
(d) Defining performance specifications and functional requirements;
(e) Solving engineering problems;
(f) Interacting with allied professionals;
(g) Effectively communicating recommendations and conclusions;
(h) Demonstrating an understanding and concern for energy/environmental considerations, socioeconomic impact, and sustainability of resources.
(2) Engineering teaching may be considered satisfactory experience up to a maximum of two years at the discretion of the board.
(3) Applied research is considered satisfactory experience when it meets the following conditions:
(a) The research must be conducted under the guidance or supervision of a professional engineer. For the purposes of this subsection, guidance or supervision means being cognizant of all applicable aspects of the work and a reviewer of all applicable reporting documentation.
(b) The principal result(s) of the research are in a published report or a recognized engineering journal article in which the applicant is the primary author or the work is adequately documented and available to the board upon request.
(4) For military engineering experience to be considered acceptable, it should be similar to engineering experience that would be gained in a nonmilitary environment as defined in subsection (1) of this section, and such experience must be verified.
(5) Experience credit for an undergraduate degree cannot be earned concurrently with work experience credit. No more than one year of experience will be granted for one calendar year.
(6) Work experience gained while enrolled in a postgraduate engineering program may be considered satisfactory experience at the discretion of the board. No more than one year of experience will be granted for one calendar year.
(7) All work experience gained must be under the direct supervision of a professional engineer authorized to practice under chapter 18.43 RCW or an individual authorized by another statute to practice engineering.
AMENDATORY SECTION(Amending WSR 22-17-121, filed 8/23/22, effective 9/23/22)
WAC 196-12-021Education as experience ((records)).
Education may be counted towards the eight years of experience requirement specified in WAC 196-12-010. Official transcripts must be sent to the board's office for review and approval.
(1) A baccalaureate degree in engineering in a program accredited by the accreditation board for engineering and technology (ABET) is equivalent to four years of required experience. Satisfactory completion of each year of such an approved program is equivalent to one year of experience.
(2) A degree in engineering from a non-ABET accredited engineering program may be given four years at the discretion of the board. The board will determine if the degree is satisfactory in awarding years of experience.
(3) No more than one year may be granted for postgraduate engineering courses.
(4) A baccalaureate degree in a nonengineering program will be given a maximum of two years of experience.
(5) An associate degree in engineering from an approved program may be equivalent for up to two years of experience.
(6) Sporadic engineering related education may be considered as experience by the board at its discretion. For example, one or two engineering classes taken at a time, often at different schools; and/or classes taken through industry or the military may count as experience. In evaluating this type of education, the board will compare the courses taken to college coursework in a baccalaureate of engineering degree program.
(a) A number of foreign degree programs are included in mutual recognition agreements entered into by ABET with other accrediting authorities. Applicants with a degree from one of these programs will be evaluated by the board.
(b) Applicants having engineering degrees from programs in countries that are not ABET accredited will be required to have their transcripts evaluated by a transcript evaluation service approved by the board. This evaluation will be performed at the applicant's expense, and the applicant will be responsible for submitting all necessary information to the evaluation service. The board will use the evaluation to determine if the foreign degree is satisfactory to the board to award years of experience.
(c) An applicant with an undergraduate degree from a foreign program that is not ABET accredited, ((can waive the requirement for a degree evaluation))is not required to have their undergraduate degree evaluated if they have a graduate degree in engineering from a school that has an ABET accredited undergraduate engineering degree program in the same discipline as the graduate degree. Years of experience will be determined at the discretion of the board.
For maximum experience credit the applicant must have their non-ABET accredited undergraduate degree from a foreign program evaluated by a transcript evaluation service approved by the board.
(7) Any other education may be taken into account and evaluated on its merits by the board.
(((8) Work experience gained between semesters or quarters or during summers while enrolled in an approved curriculum may be counted as experience at the discretion of the board.))
The following section of the Washington Administrative Code is repealed:
WAC 196-12-045
Registration of applicants licensed in other jurisdictions.