WSR 17-11-037 PERMANENT RULES
COUNTY ROAD
ADMINISTRATION BOARD
[Filed May 11, 2017, 10:35 a.m., effective June 11, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The county road administration board finds that amending chapter 136-12 WAC will better define the process in which the county takes in reporting a vacancy or change in the position of county engineer.
Citation of Existing Rules Affected by this Order: Amending chapter 136-12 WAC.
Statutory Authority for Adoption: Chapter 36.78 RCW.
Adopted under notice filed as WSR 17-05-105 on February 15, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 27, 2017.
Jay P. Weber
Executive Director
Chapter 136-12 WAC
STANDARDS OF GOOD PRACTICE—VACANCY OR CHANGE IN POSITION OF COUNTY ENGINEER AMENDATORY SECTION (Amending WSR 02-18-018, filed 8/22/02, effective 9/22/02)
WAC 136-12-010 Purpose and authority.
The laws of the state of Washington make detailed provisions in chapter 36.80 RCW, for the employment of a county engineer in each county. This chapter specifies that the county legislative authority of each county shall employ a county road engineer on either a full-time or part-time basis, or by contracting with another county for the engineering services of a county road engineer; that he/she shall be a registered and licensed professional civil engineer under the laws of this state; that he/she shall have supervision, under the direction of the county legislative authority, of all activities related to the county roads of the county, including maintenance; that he/she shall certify to the county legislative authority all bills with respect to county roads; that he/she shall keep complete public records of all road department activities; that he/she shall prepare plans and specifications for all construction work on the county road system; give an official bond to the county conditioned upon faithfully performing all the duties and accounting for county property entrusted to him or her.
AMENDATORY SECTION (Amending WSR 14-17-035, filed 8/13/14, effective 9/13/14)
WAC 136-12-020 Procedure during vacancy or change.
((It is unavoidable that vacancies will occur from time to time in the position of county engineer.)) When a vacancy or change occurs in the office of county engineer due to resignation, retirement, death or for any other reason, the county legislative authority shall take immediate steps to find a replacement, either by promotion from within the organization if a competent and eligible person is available, or by advertisement for, and interview of, qualified applicants. The county legislative authority or county executive shall, in writing, by electronic email or official letter, within five working days, notify the county road administration board of the vacancy or change, and of the procedure to be followed during the period of vacancy. The notice to the county road administration board shall state that the legislative authority or county executive has reviewed the requirements within this chapter.
AMENDATORY SECTION (Amending WSR 02-18-018, filed 8/22/02, effective 9/22/02)
WAC 136-12-045 Notification of hiring.
When final arrangements for the employment of a new county engineer have been made, the county legislative authority or the county executive shall, within five working days, notify the county road administration board in writing and shall include the following information: Name of new county engineer, Washington registration number, start date, and contact information, including an email address ((if)) when available. In addition, the notification shall include a copy of the organization chart detailing the responsibilities of the county engineer if there is an adopted change, WAC 136-50-051, and a copy of the appointment resolution, letter of appointment, or copy of the meeting minutes of the legislative authority recording the appointment.
AMENDATORY SECTION (Amending WSR 09-23-044, filed 11/9/09, effective 12/10/09)
WAC 136-12-060 Failure to comply.
In the case of vacancy or change, if notification is not received within the time frame established in WAC 136-12-045, the matter of the vacancy will be considered at the next regular meeting of the county road administration board. The county road administration board may require that all construction by county forces projects be shut down and/or that all distribution of gas tax funds to the county cease: Provided however, that it may continue to grant reasonable extensions in the event the affected county can give adequate proof or demonstrate at the next regularly scheduled board meeting that a diligent effort has been made to secure the services of a qualified engineer.
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