Effective Date of Rule: Thirty-one days after filing.

     Purpose: The original definition of direct supervision was broad-based, and the board determined that a more specific definition was needed to guide the licensees in their business practices. After the hearing was held regarding the language filed with WSR 09-12-050, the board determined that a sentence that was deleted out of the existing rule language needed to be put back into the proposed rule language.

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

     Statutory Authority for Adoption: RCW 18.43.035.

      Adopted under notice filed as WSR 09-21-097 on October 20, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 7, 2010.

George A. Twiss

Executive Director

OTS-2422.2

AMENDATORY SECTION(Amending WSR 06-22-033, filed 10/25/06, effective 11/25/06)

WAC 196-25-070   Providing direct supervision.   Direct supervision ((is a combination of activities)) means the actions by which a licensee maintains control over those decisions that are the basis for the findings, conclusions, ((analysis)) analyses, rationale, details, and judgments ((that are embodied in the development and)) required for the preparation of engineering or land surveying plans, specifications, plats, reports, and related activities. Direct supervision requires providing personal direction, oversight, inspection, observation and supervision of the work being certified.

     ((Communications between the licensee and those persons who are performing the work)) These actions may 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 judgement)). Contractual or employment relations must be in place between the licensee and unlicensed preparer to qualify as direct supervision. Mentoring is not direct supervision. Drawing or other document review after preparation without involvement in the design and development process as described above cannot be accepted as direct supervision.

[Statutory Authority: RCW 18.43.035. 06-22-033, § 196-25-070, filed 10/25/06, effective 11/25/06. Formerly WAC 196-23-030.]

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