WSR 99-15-057

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed July 15, 1999, 4:39 p.m. ]

Date of Adoption: June 22, 1999.

Purpose: Amend the rule to clarify and describe the appropriate document that a corporation or limited liability company must submit to the board yearly to renew their certificate of authority to practice engineering and/or land surveying in the state.

Citation of Existing Rules Affected by this Order: Amending WAC 196-25-040.

Statutory Authority for Adoption: RCW 18.43.035.

Adopted under notice filed as WSR 99-10-080 on May 4, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

July 15, 1999

George A. Twiss

Executive Director

OTS-2948.1


AMENDATORY SECTION(Amending WSR 98-12-053, filed 5/29/98, effective 7/1/98)

WAC 196-25-040
Provisions pertaining to both corporations and limited liability companies.

(1) If the business offers both engineering and land surveying services, there must be a designee for each profession.  If a person is licensed in both engineering and land surveying, that person may be designated for both professions.

(2) An affidavit must be signed by the designee(s) stating that he or she knows they have been designated by the business as being responsible for the engineering and/or land surveying activities in the state of Washington.

(3) The designated engineer and/or designated land surveyor must be an employee of the business.

(4) No person may be the designated engineer or designated land surveyor at more than one business at any one time.

(5) If there is a change in the designee(s), the business must notify the board in writing within thirty days of the effective date of the change and submit a new affidavit.

(6) If the business changes its name, the business must submit a copy of its amended certificate of authority or amended certificate of incorporation (for corporations) or a copy of the certificate of amendment (for LLC's), as filed with the secretary of state within thirty days of the filing.

(7) At the time of renewal, ((a copy of the business' business license must be submitted to insure that the company is registered with the secretary of state and has a current uniform business identification (UBI) number)) the corporation or limited liability company must submit a copy of the document issued to their company by the state of Washington master license service which states that the corporation or limited liability company has been "renewed by the authority of the secretary of state" and shows a current expiration date.

(8) The filing of the resolution shall not relieve the business of any responsibility or liability imposed upon it by law or by contract.  Any business that is certified under chapter 18.43 RCW and this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, and 18.43.120.

[Statutory Authority: RCW 18.43.035 and 18.43.130.  98-12-053, § 196-25-040, filed 5/29/98, effective 7/1/98.]

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