PROPOSED RULES
(Engineer Registration Board)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-07-135.
Title of Rule: WAC 196-23-030 Providing direct supervision, this is a new rule. It provides the board's definition of "direct supervision" and describes how direct supervision is applied in practice between a licensee and the employee.
Purpose: To provide a clear, and concise definition of "direct supervision" and to explain the working relationship of a licensee providing direct supervision to an employee, taking into account the wide variety of communications currently available between licensee and employee.
Other Identifying Information: The basis for this new rule was taken from WAC 196-24-095 Seals. The language was updated to take into account the variety communication and supervision options.
Statutory Authority for Adoption: RCW 18.43.035.
Statute Being Implemented: Chapter 18.43 RCW.
Summary: WAC 196-24-095 was reviewed as part of the board's rule review schedule and it was determined that the part describing direct supervision should be written as a separate rule. The new rule defines "direct supervision" and explains the working relationship of direct supervision between a licensee and employee. The rule takes into account the wide variety of communication techniques and supervision options available between a licensee and the employee.
Reasons Supporting Proposal: A significant part of engineer and land surveyor licensing is working under the direct supervision of a licensee. This new rule provides a modern, clear, concise definition of direct supervision which takes into account a wide variety of communication and supervision options.
Name of Agency Personnel Responsible for Drafting: Rick Notestine, 405 Black Lake Boulevard, Olympia, (360) 586-7298; Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, (360) 586-3361.
Name of Proponent: Board of Registration for Professional Engineers and Land Surveyors, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 196-23-030 provides a modern, clear, concise definition of "direct supervision," describes the working relationship between licensee and employee, and takes into account a wide variety of communication and supervision options. The purpose is to provide this information to both licensees and their employees so that they are aware of the direct supervision requirements and the variety of options available for direct supervision.
By making this a separate rule, it is anticipated that the information will be more obvious, easier to find, more widely read, and easier to understand. Another effect will be to make licensees and employees aware that there is a wide variety of acceptable direct supervision options that were not available in the past.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Amending this rule has no negative fiscal impact [on] small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Licensing is not one of the named agencies in this statute.
Hearing Location: Hilton Seattle Airport, 17620 Pacific Highway South, SeaTac, WA 98188, on June 21, 1999, at 7:00 p.m.
Assistance for Persons with Disabilities: Contact Kim Chipman by June 14, 1999, TDD (360) 586-2788, or (360) 753-6966.
Submit Written Comments to: Rick Notestine, Program Director, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649.
Date of Intended Adoption: June 21, 1999.
May 4, 1999
George A. Twiss
Executive Director
OTS-3079.1
NEW SECTION
WAC 196-23-030
Providing direct supervision.
Direct supervision is a combination of activities by which a licensee maintains control over those decisions that are the basis for the finding, conclusions, analysis, rationale, details, and judgments that are embodied in the development and preparation of engineering or land surveying plans, specifications, plats, reports, and related activities. Direct supervision explains the relationship between the licensee and those persons who are performing the work controlled by the licensee. Direct supervision requires providing personal direction, oversight, inspection, observation and supervision of the work being certified.
Communications between the licensee and the employee, co-worker or subordinate (support staff), as defined herein, include, but are not limited to, use of any of the following ways: Direct face-to-face communications; written communications; U.S. mail; electronic mail; facsimiles; telecommunications, or other current technology: Provided, That the licensee retains, maintains, and asserts continuing control and judgment.
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