WSR 99-05-050

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 12, 1999, 12:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-01-001.

Title of Rule: WAC 308-12-320 Renewal of licenses and 308-12-326 Architect fees.

Purpose: WAC 308-12-320, to set requirements for and assessment of delinquent and/or penalty fees for reinstatement of registrants who fail to pay a renewal fee for a period of five years or more and for reinstatement of registrants who withdraw from the practice of architecture, and exceed five years in an inactive status.

WAC 308-12-326, to adjust fees and renewal periods for services and licensing provided by the department.

Statutory Authority for Adoption: RCW 18.08.430 (1) and (2) and 43.24.086.

Statute Being Implemented: RCW 43.24.086.

Summary: The fees charged by the agency for administering application, registration, and the renewal process are set at a level to support operation of the program. The requirements for reinstatement and increases in selected fees are to offset increases in selected costs to the program. All increases are in accordance with RCW 43.135.055 (Initiative 601) and are within the limitations of the fiscal growth index for FY00 of 3.12%.

Reasons Supporting Proposal: Increased costs to the architect program for Fiscal Year 2000 must be supported by fees assessed to licensees, applicants for reciprocal registration, corporate certificates of authority, and registration certifications.

Name of Agency Personnel Responsible for Drafting: Jon M. Clark, 2000 West 4th Avenue, Olympia, WA, (360) 753-7506; Implementation and Enforcement: Margaret Epting, 405 Black Lake Boulevard, Olympia, WA, (360) 753-1153.

Name of Proponent: Department of Licensing and Washington State Board of Registration for Architects, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 308-12-320 outlines the renewal date, late penalty fee, and delinquent fees. The requirements for reinstatement and/or fees for registrants who fail to pay a renewal fee for five years or more and registrants who withdraw from the practice of architecture, and exceed five years in an inactive status. The anticipated effects of outlining the requirements and fees is to inform interested parties, provide timely customer service, reduce telephonic inquiries, and reduce delays in administration.

WAC 308-12-326 lists the services for which fees are charged and the respective amount for each of the services. All program forms list the respective fees that are required with a form submittal. The purpose of all listed fees is to recover the cost of administering the program. The anticipated effects of the listing of fees is to inform interested parties, provide timely customer service, reduce telephonic inquiries, reduce delays in administration waiting for required fees to be submitted, and fully comply with the statutory requirement of RCW 43.24.086.

Proposal Changes the Following Existing Rules: The existing version of these sections lists renewal frequency and fees in amounts that supported administering the architect program as it was funded in the 97-99 biennium budget. The 99-01 biennium budget requires minor increases to keep the program financially solvent, fund the required program expenditures, and meet the requirement to fully support the program with assessed revenue.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Each fee that was increased was within the limits of RCW 43.135.055. No fee increase exceeded fifty dollars to individuals or businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is exempt from RCW 34.05.328(5).

Hearing Location: Conference Room #1, Business and Professions Division, 405 Black Lake Boulevard, Olympia, WA 98502, on March 25, 1999, at 11:00.

Assistance for Persons with Disabilities: Contact Joan Robinson by March 15, 1999, TDD (360) 586-2788, or (360) 664-2551.

Submit Written Comments to: Margaret Epting, Board of Registration for Architects, P.O. Box 9045, Olympia, WA 98507-9045, fax (360) 664-2551.

Date of Intended Adoption: March 25, 1999.

February 12, 1999

Margaret Epting

Executive Secretary

OTS-2655.3


AMENDATORY SECTION(Amending WSR 97-06-064, filed 2/27/97, effective 3/30/97)

WAC 308-12-320
Renewal of licenses.

(1) The license renewal date for architects shall be the architect's birth date.  Licensees who fail to pay the license renewal fee within thirty days of license expiration date will be subject to the late payment penalty fee as set forth in RCW 18.08.430 and WAC 308-12-326.  Architects whose renewal fees are delinquent will be listed with the state building officials.

(2) The renewal period for architects is ((three)) two years.

(3) Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-((third)) half of the ((three)) two-year renewal fee or the fee for one year.  ((Penalty fees are one-third of the three-year renewal fee or equal to the fee for one year multiplied by the number of years delinquent.))

(4) A registrant who fails to pay a renewal fee for a period of five years or more may be reinstated upon payment of all delinquent renewal fees and a penalty fee. Assessment of delinquent fees will be based on the number of years delinquent multiplied by one-half of the two-year renewal fee or the fee for one year. In addition to the payment of delinquent fees and a penalty fee the registrant shall submit the following:

(a) A summary of the current law and rules governing architects.

(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.

(c) A detailed explanation of the circumstances surrounding the reason the license was allowed to expire.

The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.

(5) Registrants who withdraw from the practice of architecture, and exceed five years in an inactive status, shall request reinstatement in writing to the board and shall submit the following:

(a) A summary of the current law and rules governing architects.

(b) A professional resume of architectural activities during the delinquent period, in sufficient detail to demonstrate to the board maintenance of minimum skills.

(c) A detailed explanation of the circumstances surrounding the reason the license was in an inactive status for more than five years.

The board may require additional evidence as needed to verify minimum competency and qualifications. The registrant may be required to appear before the board or a representative member thereof where questions of competency remain.

[Statutory Authority: RCW 18.03.350.  97-06-064, § 308-12-320, filed 2/27/97, effective 3/30/97.  Statutory Authority: RCW 18.08.430.  90-17-097, § 308-12-320, filed 8/21/90, effective 9/21/90.  Statutory Authority: RCW 18.08.130.  85-05-010 (Order PL 517), § 308-12-320, filed 2/11/85; 83-04-071 (Order PL 422), § 308-12-320, filed 2/2/83; Order PL 262, § 308-12-320, filed 1/13/77.]


AMENDATORY SECTION(Amending WSR 98-12-064, filed 6/1/98, effective 7/2/98)

WAC 308-12-326
Architect fees.

The following fees shall be charged by the business and professions division of the department of licensing:

Title of FeeFee
Examination application$100.00
Reciprocity application((378.00))

390.00

Initial registration ((145.00))

99.00

Oral examination50.00
Registration renewal (((3)) 2 years)((145.00))

99.00

Late renewal((48.00))

33.00

Certificate replacement15.00
Duplicate license15.00
Certification27.00
Corporations:

Certificate of authorization

((270.00))

278.00

Certificate of authorization renewal

((135.00))

139.00

[Statutory Authority: RCW 43.24.086.  98-12-064, § 308-12-326, filed 6/1/98, effective 7/2/98.  Statutory Authority: RCW 43.24.086.  97-13-095, § 308-12-326, filed 6/18/97, effective 7/19/97.  Statutory Authority: RCW 18.03.350.  97-06-064, § 308-12-326, filed 2/27/97, effective 3/30/97.  Statutory Authority: RCW 18.08.340 and 18.08.370.  91-13-055, § 308-12-326, filed 6/14/91, effective 7/15/91.  Statutory Authority: RCW 43.24.086.  90-03-032, § 308-12-326, filed 1/12/90, effective 2/12/90; 87-10-028 (Order PM 650), § 308-12-326, filed 5/1/87.]

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