Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-071.

Title of Rule: Examination review and request for rescore of examination questions. Examinees that fail the professional engineering examinations may only review and request a rescore for essay exam questions. Multiple-choice exam questions may not be reviewed or rescored.

Purpose: To streamline the examination review process and provide better service to examinees that do not pass the professional engineering examinations.

Other Identifying Information: These rules are being evaluated in accordance with the requirements of the Governor's Executive Order No. 97-02.

Statutory Authority for Adoption: RCW 18.43.035.

Summary: This rule notifies examinees that do not pass the professional engineer exams that they will only be able to review and request a rescore of essay exam questions. Multiple-choice questions cannot be reviewed or rescored. Instead, each examinee that takes and fails a multiple-choice exam will be sent a report that shows their performance on each subject on the examination. This is the same information that they would receive if they reviewed their examination.

Reasons Supporting Proposal: NCEES no longer allows review of their multiple-choice exams. By sending out performance review reports, each failing examinee will know how he or she actually did on the exam and will therefore know what to study for the next exam.

Name of Agency Personnel Responsible for Drafting: Rick Notestine, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1578; Implementation and Enforcement: George Twiss, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1565.

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: This rule is titled examination review and request for rescore of examination questions. It impacts examinees that fail the professional engineering examinations. The National Council of Examiners for Engineering and Surveying (NCEES) will no longer allow review of their multiple-choice examinations for security reasons. Therefore, an examinee failing an engineering exam that is in multiple-choice question format will not be allowed to review their examination. Instead, the examinees will be sent an examination performance report that shows how they performed in the various subject areas tested on the exam. This report gives the examinee the same information that they would have gotten if they had reviewed their exam. This information provides the examinee with guidance on what to study to prepare for the next examination.

The purpose is to put the examinee on notice that if they fail an engineering examination, they cannot review or request a rescore on multiple-choice examinations, but they can review and request rescore on essay examination questions. It is also to notify the failing examinee that they will be sent an examination performance report that shows how they did on the various subjects tested on the multiple-choice exam.

The anticipated effect will be less staff time spent scheduling, preparing for and attending examination review sessions. Additionally, the failing examinees receive better service because they all receive information that shows how they did on the various parts of the examination, not just those examinees that would have taken the time to schedule a review [of] their exam.

Proposal Changes the Following Existing Rules: Current rule says that any exam except the Law and Ethics exam may be reviewed. This rule says that multiple-choice exams can no longer be reviewed but essay exams can be reviewed. Subsections (4) and (5) of WAC 196-12-030 Examinations, which discusses examination review, will be deleted.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Choosing to become licensed as a professional engineer is an individual choice, and an engineering examination must be passed in order to become licensed. This rule impacts the person that does not pass their engineering exam. The rule does not place any requirement or burden on either small or large businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Neither the Department of Licensing or the Board of Registration for Professional Engineers and Land Surveyors are one of the named agencies in this statute.

Hearing Location: Department of Licensing, Business and Professions Division, Conference Room No. 1, First Floor, 405 Black Lake Boulevard, Olympia, WA, on March 16, 2001, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Kim Chipman by March 12, 2001, TDD (360) 586-2788, or (360) 664-1564.

Submit Written Comments to: Rick Notestine, Board of Registration for Professional Engineers and Land Surveyors, P.O. Box 9649, Olympia, WA 98507-9649, fax (360) 664-2551, by March 19, 2001.

Date of Intended Adoption: March 22, 2001.

February 7, 2001

Ronald L. Torrence

Deputy Executive Director

(2) For those examinations which the board has identified as permissible for review, examinees may review their examination (test booklet, solution pamphlet and answer key) during a period and location prescribed by the board. Examinees who fail to review their examination during the prescribed time will not be rescheduled for a review of that examination. The examination review guidelines are as follows:

(a) An examinee can review his or her examination one time only. An appointment for this review must be scheduled in advance with board staff.

(b) All examination reviews shall be conducted in the presence of a designated proctor. No one may accompany the examinee during the examination review except where persons with disability require assistance, and that need is conveyed to board staff when the exam review appointment is made.

(c) Each examinee will be given a review sheet that they can take with them following the review. This review sheet will only include the problem number, problem subject matter, the score achieved for each problem and total score.

(d) Scratch paper and writing instruments will be provided during the examination review. No scratch paper may be removed from the review area.

(e) Examinees may request to have their examination rescored only at the time they review their exam. Essay (free response) questions may be rescored if the total exam score falls within the range allowed for rescore established by the National Council of Examiners for Engineering and Surveying (NCEES), and, the examinee can demonstrate, in writing, sufficient technical justification that their solution deserves reconsideration. The required fee must be paid at the time the appeal is prepared. The rescore results are final.

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OTS-4658.1

AMENDATORY SECTION(Amending WSR 98-12-052, filed 5/29/98, effective 7/1/98)

WAC 196-12-030   Examinations.   (1) Except as provided in WAC 196-12-050, to become licensed as a professional engineer the candidate must pass two stages of examination. The first stage is the fundamentals-of-engineering examination. The second stage examination consists of multiple parts including the principles and practice (branch) examination and law and ethics examination. The law and ethics exam is a take-home examination covering chapter 18.43 RCW and Title 196 WAC. The fundamentals-of-engineering examination must be passed, or waived in accordance with WAC 196-12-050, before taking the second stage examination.

Examinations are given at times and places designated by the board. The schedule of future examinations and examination syllabi may be obtained from the board office. Examinees will not be allowed to view any examination material prior to taking the examination other than syllabi available to the public or sample examination booklets published by the National Council of Examiners for Engineering and Surveying. If one examination part is failed, only that examination part must be retaken.

(2) If a professional engineer holding a current registration in the state of Washington wants to become licensed in multiple branches of engineering, an additional principle and practice examination must be taken in each branch.

(3) The branch of structural engineering requires a more exhaustive principle and practice examination to protect the public safety. In addition to the stage 1 fundamentals-of-engineering examination, to become licensed as a professional engineer in the branch of structural engineering, the candidate must pass the stage 2 examination comprised of all parts of the principles and practice of structural engineering examination, including a demonstration of competency in structural engineering issues important to Washington state, and the law and ethics examination.

(((4) Except for the law and ethics examination, an exam part may be reviewed if it is failed. Examinees who achieve a passing score will not be permitted to review their examination. The purpose of examination review is to permit the examinee an opportunity to review his or her exam in order to identify areas of poor performance. This is not an opportunity to take notes for future reference.

Failing examinees may review their examination (test booklet, answer sheet and/or solution pamphlet and answer key) during a period of time prescribed by the board. Examinees who fail to review their exam during the prescribed time will not be scheduled for an examination review. The examination review guidelines are as follows:

(a) An examinee can review his or her examination one time only. An appointment for this review must be arranged in advance with board staff.

(b) All examination reviews will be in the presence of a member of board staff. No one may accompany the examinee during the examination review, except where persons with disability require assistance. In that case, the need for assistance must be conveyed to staff when the review appointment is made.

(c) For examinations having machine scored answer sheets, the examinee will be allowed to review a copy of his or her answer sheet, not the original.

(d) Each reviewer will be given a review sheet that they can take with them following the review. This review sheet will include the problem number, problem subject matter, score achieved for each problem and total score. Reviewers will not be permitted to add further information to the review sheet.

(e) Scratch paper and writing instruments will be provided during the examination review. However, scratch paper may not be removed from the review area.

(5) Individuals may appeal to have their examination rescored only at the time they review their exam. Multiple choice questions are not appealable. Essay (free response) type questions may be appealed if the reviewer can demonstrate, in writing, sufficient technical justification that their solution deserves reconsideration.

The required fee for rescoring must be paid at the time the rescore request is made. The results of the rescore are final and no additional administrative appeals are available.))

[Statutory Authority: RCW 18.43.035. 98-12-052, 196-12-030, filed 5/29/98, effective 7/1/98; 93-01-081, 196-12-030, filed 12/15/92, effective 1/15/93; 84-04-027 (Order PL 454), 196-12-030, filed 1/25/84; 82-01-064 (Order 81-10), 196-12-030, filed 12/18/81; Order PL-129, 196-12-030, filed 7/27/72; Order PL-115, 196-12-030, filed 11/24/71; Order 11, 196-12-030, filed 9/12/68; Rule IIC, filed 11/15/65, 8/4/64; Rule IC, filed 12/26/62.]

Washington State Code Reviser's Office