reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-40 - Clean Energy Transformation Act › Section 194-40-410 - Use of renewable energy credits other than unbundled RECs to comply with the greenhouse gas neutral standard

Current through Register Vol. 24-14, July 15, 2024
(1) A utility may use a REC other than an
			 unbundled REC to comply with the requirements of
			 RCW
			    19.405.040(1)(a) or to
			 demonstrate performance compared to an interim target established under
			 RCW
			    19.405.060(1) only if the
			 utility complies with the requirements of this section.
(2) The utility must acquire the REC and the
			 electricity associated with the REC in a single transaction through ownership
			 or control of the generating facility or through a contract for purchase or
			 exchange.
(3) The electricity
			 associated with the REC must be:
(a) From a
			 generating facility located within the utility's service area or balancing
			 authority area; or
(b) Acquired by
			 the utility at one of the following points of delivery:
(i) The transmission or distribution system
			 of an electric utility (as defined in
			 RCW
			    19.405.020);
(ii) The transmission system of the
			 Bonneville Power Administration;
(iii) The transmission system of any entity
			 that is a participant in an organized electricity market located in the Western
			 Interconnection in which the electric utility is a participant; or
(iv) Another point of delivery designated by
			 the utility for the purpose of subsequent delivery to the utility.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-40 - Clean Energy Transformation Act › Section 194-40-415 - Use of renewable energy credits to comply with the 100 percent renewable or nonemitting standard

Current through Register Vol. 24-14, July 15, 2024
(1) Except as provided in subsection (2) of
			 this section, a utility may not use a REC to comply with the requirements of
			 RCW
			    19.405.050(1) unless:
(a) The utility acquired the REC and the
			 electricity associated with the REC in a single transaction through ownership
			 or control of the generating facility or through a contract for purchase or
			 exchange; and
(b) The utility did
			 not use the associated electricity for any purpose other than supplying
			 electricity to its Washington retail electric customers.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-40 - Clean Energy Transformation Act › Section 194-40-420 - Safeguards to prevent double counting of unbundled RECs

Current through Register Vol. 24-14, July 15, 2024
(1) A utility may use an unbundled REC as an
			 alternative compliance option, as provided in
			 RCW
			    19.405.040(1)(b), only if
			 the utility demonstrates that there is no double counting of any nonpower
			 attribute associated with that REC by complying with the requirements of this
			 section.
(2) Except as provided in
			 subsection (4) of this section, a utility may use an unbundled REC for
			 alternative compliance only if the utility demonstrates:
(a) The associated electricity was sold,
			 delivered, or transferred without specifying fuel sources or nonpower
			 attributes and under a contract expressly stating the fuel source or nonpower
			 attributes are not included; and
(b) The associated electricity was not
			 delivered, reported, or claimed as a zero-emission specified source or assigned
			 the emissions rate of the renewable generating facility under a GHG
			 program.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-40 - Clean Energy Transformation Act › Section 194-40-430 - Thermal RECs-Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) A thermal renewable energy credit may be
			 used as an unbundled REC under
			 RCW
			    19.405.040(1)(b) if it is
			 created in association with the generation of qualifying thermal energy for a
			 secondary purpose at a facility that generates electricity from biomass energy.
			 For multiple-fuel facilities, only the portion of thermal energy generated from
			 eligible biomass sources is eligible for the generation of a thermal
			 REC.
(2) Thermal energy may not be
			 used to create a thermal REC if the thermal energy:
(a) Is used to operate the generating
			 facility or process the facility's fuel;
(b) Is returned to the biomass conversion
			 device that initially created the eligible thermal resource;
(c) Bypasses the electricity generation
			 device; or
(d) Is produced while
			 the electricity generation equipment is out of service.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-40 - Clean Energy Transformation Act › Section 194-40-440 - Thermal RECs-Measuring

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Qualifying thermal energy must be measured and tracked using the following
			 methods:
(a)
Large facilities:
Facilities with the capacity to generate one or more thermal RECs per hour of
			 operation must install a thermal energy measurement system to continually
			 measure qualifying thermal energy. The thermal energy delivered to the
			 secondary purpose must be metered. All parameters needed to determine thermal
			 energy delivered to the secondary purpose must be directly measured.
(b)
Small facilities:
Facilities
			 with the capacity to generate less than one thermal REC per hour of operation
			 must install a thermal energy measurement system to measure qualifying thermal
			 energy delivered to the secondary purpose. Calculation parameters, such as heat
			 capacity, and directly measured parameters, such as temperature and pressure,
			 that do not vary more than two percent for the full range of expected operating
			 conditions may be evaluated on an annual basis and used in the calculation
			 methodology as a constant. These parameters may be based on such sources as
			 manufacturers' published ratings or one-time measurements, but must be clearly
			 defined and explained in the thermal energy measurement plan required under
			 subsection (2) of this section. All other parameters used to determine the
			 amount of qualifying thermal energy must be continually measured. The
			 generating facility must assess the significance of any potential error that
			 the methodology parameters have on the total annual quantity of qualifying
			 thermal energy and include this analysis in the thermal energy measurement
			 plan. The generating facility must also submit to the department for approval
			 in the thermal energy measurement plan an appropriate discount factor to be
			 applied to the qualifying thermal energy calculation methodology, and the
			 department may revise this discount factor to account for variance due to
			 parameters that are not continually measured.
(c) Any thermal energy measurement system
			 used to comply with this rule must capture sufficient data, and make necessary
			 calculations or provide all necessary data for calculations to be made using
			 standard engineering calculation procedures, to determine the net thermal
			 energy used by the secondary purpose over an interval specified in the thermal
			 energy measurement plan.
(d) The
			 components of a thermal energy measurement system must be installed in
			 accordance with the manufacturer's specifications.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-40 - Clean Energy Transformation Act › Section 194-40-450 - Thermal RECs-Tracking

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Where continual measurements are required to determine the quantity of
			 qualifying thermal energy, the operator of the thermal energy generating
			 facility must take data readings at least once per hour, or more frequently as
			 necessary to capture irregular or frequently varying parameters. For all
			 facilities, the qualifying thermal energy produced must be totaled for each
			 twenty-four-hour period, each month, and each quarter.
(2) The operator of the generating facility
			 must retain measured data and related thermal energy calculations on-site for
			 five calendar years and make records available for audit.
(3) Prior to measuring qualifying thermal
			 energy for the purpose of generating thermal RECs, the operator of the
			 generating facility must perform, or have performed, an initial calibration of
			 the thermal energy measurement system and all associated measurement devices,
			 or demonstrate that a calibration has been performed as specified by system
			 component manufacturers or within the last three hundred sixty-five days of the
			 application date for certification as compliant with these rules. All
			 measurement devices shall be recalibrated annually or as specified by system
			 component manufacturers to maintain specified accuracy. Calibrations must be
			 performed using the calibration procedures specified by the meter manufacturer,
			 calibration methods published by a consensus-based standards organization, or
			 other industry accepted practice.
(4) Individuals designing, installing,
			 operating, and maintaining the thermal energy measurement system must have
			 appropriate training and certification. The generating facility must maintain
			 documentation of maintenance and calibration activities.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-001 - Foreword

Current through Register Vol. 24-14, July 15, 2024
ANSI/ASHRAE/IES Standard 100-2018 Energy Efficiency in
				Existing Buildings
is hereby adopted by reference with the exceptions
				noted in this chapter of the Washington Administrative Code (WAC). In the event
				of a conflict between the standard and rules in this chapter, the provisions of
				this chapter apply.
ANSI/ASHRAE/IES Standard 100-2018 Energy Efficiency in
				Existing Buildings
is adopted by the Washington state department of
				commerce pursuant to
				RCW
				   19.27A.200,
				19.27A.210, and
				19.27A.220. This standard has been
				adopted by reference and modified to implement the requirements for
covered buildings
as directed by the Washington state
				legislature. The legislature delegated the responsibility of adoption and
				amendment of this standard to the Washington state department of
				commerce.
Complying with this rule requires the user to comply with
ANSI/ ASHRAE/IES Standard 100-2018
as amended by this rule.
				When this rule amends a section of
Standard 100
, the entire
				section is published in the rule. The user will need to have both documents in
				hand, but detailed comparison within any one section is not necessary. Simply
				apply the entire section as published in the rule. All other sections in
Standard 100
apply.
The Washington state administrative requirements for this
				standard are included in Normative Annex Z. For
building
				owners
that must comply with this standard, reading Normative Annex Z
				first allows the owner to put the rest of the standard in context. Multiple
				compliance options are available and should be reviewed prior to beginning
				implementation of this standard.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-010 - ASHRAE Standard 100, 2018-Section 1-Purpose

Current through Register Vol. 24-14, July 15, 2024
1.1 This standard provides criteria that will
			 result in reduced energy consumption through improved energy efficiency and
			 performance in existing
buildings
. In adopting this standard
			 by rule, Washington state department of commerce shall seek to maximize
			 reductions of greenhouse gas emissions from the building
			 sector.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-020 - ASHRAE Standard 100, 2018-Section 2-Scope

Current through Register Vol. 24-14, July 15, 2024
This standard is mandatory for all
covered
				buildings
located in the state of Washington.
Multifamily
				residential buildings
exceeding 50,000 square feet of
gross
				floor area
, excluding the parking garage areas, may seek early adopter
				incentives by voluntarily complying with the applicable
energy use
				intensity target
consistent with
				RCW
				   19.27A.220.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-040 - ASHRAE Standard 100, 2018-Section 4-Compliance requirements

Current through Register Vol. 24-14, July 15, 2024
4.1.1.1 A
building
or
complex
of
buildings
whose majority of
gross floor area
has activities in Table 7-1 shall comply with
			 the requirements of Sections 4.2 and 4.3.
4.1.1.2
* For
Tier 1 covered buildings
the
qualified person
determining compliance shall:
1. Determine whether or not the
building
seeking compliance has an
energy use
			 intensity target (EUIt)
according to Section
			 7;
2. Establish the
energy
			 use intensity target (EUIt)
according to
			 Section 7; and
3. Submit forms as
			 specified in Normative Annex Z to the
AHJ
.
* For
Tier 2 covered buildings
the
qualified energy manager
submitting compliance documents
				shall:
1. Determine whether or not the
building
seeking compliance has an
energy use
			 intensity target (EUI)
according to Section 7;
2. Establish the
energy use intensity
			 target (EUI)
according to Section 7; and
3. Submit forms as specified in Normative
			 Annex Y to the
AHJ
.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-050 - ASHRAE Standard 100, 2018-Section 5-Energy management plan

Current through Register Vol. 24-14, July 15, 2024
Exception to 5.1.1
- Not adopted.
5.1.2.1 Energy accounting in accordance with
			 Section 5.2.
5.1.2.2 In the initial
			 year of compliance, the
building's weather normalized energy use
			 intensity (WNEUI)
and
energy use intensity
			 (EUI)
.
5.1.2.3 Annual
			 updates of the
net energy use, WNEUI
and
EUI
.
5.1.2.4
			 Annual comparison of the net
WNEUI
and
EUI
to
			 the energy target.
5.1.2.5
			 Documentation of original, current, and changes in number of occupants, weekly
			 operating hours, or time of day scheduled for occupancy, production rates, and
			 energy using equipment that would have caused change in the measured
WNEUI
and
EUI
.
Exceptions to 5.1.2.12:
1.
Buildings
that meet the
EUI
.
2.
Buildings
that have implemented a utility program lighting
			 upgrade covering 75 percent of the
building's
GFA, within the
			 previous five years, can use the
lighting schedule
provided by
			 the utility program.
3.
Tier 2 covered buildings.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-060 - ASHRAE Standard 100, 2018-Section 6-Operations and maintenance requirements

Current through Register Vol. 24-14, July 15, 2024
6.3
Operation and maintenance (O&M) Implementation.
The
O&M
program shall be implemented in accordance with
			 Normative Annex L.
Exception to 6.3:
O&M
programs developed and implemented by the
building's
serving
				utility or local government and approved as equivalent or more stringent by the
AHJ
may be used as an alternative to the requirement in
				Section 6.3. Where local government programs are more stringent than applicable
				utility programs, local government programs shall be selected over utility
				programs.
6.6.1 When HVAC,
			 domestic hot-water heating, or refrigeration equipment or appliances are
			 replaced, the replacement equipment shall meet all applicable energy efficiency
			 requirements in the federal equipment standards,
state equipment
			 standards
, and the applicable building code.
Exception to 6.6.1
- Not adopted.
6.6.2.1 When lighting equipment is
			 replaced, the replacement equipment shall meet all applicable energy efficiency
			 requirements in the federal equipment standards,
state equipment
			 standards
and in the applicable building code. Implementation of more
			 efficient equipment shall be evaluated and included as specified for the
capital management plan
, Section 5.1.2.10.
Exception to 6.6.2.2:
The existing installed
				lighting power may proportionally increase when the current light levels are
				below those recommended in the IES
Lighting Handbook
4 or
				latest version of the Washington State Energy Code.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-090 - ASHRAE Standard 100, 2018-Section 9-Implementation and verification requirements

Current through Register Vol. 24-14, July 15, 2024
9.1.1
Requirements.
Buildings
that have an energy
			 target shall comply with the requirements of Section 9.1.1.1.
Buildings
that do not have an energy target shall comply with
			 the requirements of Section 9.1.1.2. All
buildings
shall
			 implement an energy management plan as described in Section 5. The energy
			 management plan shall be integrated into the
building's capital
			 management plan
as described in Section 5. The energy management plan
			 shall include the elements listed in Section 5.
9.1.1.1
Buildings with energy
			 targets.
For
buildings
having energy targets,
energy efficiency measures (EEMs)
identified from the energy
			 audit shall be implemented in order to meet the
building's
energy target. Develop a written plan for maintaining the
building's
			 energy use intensity (EUI)
at or below the energy target.
Exceptions to Section 9.1.1.1:
1.
Buildings
may demonstrate
			 compliance by implementing all of the
EEMs
that achieve the
			 investment criteria in Normative Annex X.
2. Implementation of
EEMs
to
campus district heating and/or cooling system(s)
in lieu of
EEMs
implemented directly to
campus buildings
is acceptable provided the energy audit demonstrates the energy savings from
			 the
campus district heating and/or cooling system EEMs
will be
			 greater than the
EEMs
identified for the
buildings
. Energy savings shall be measured as a reduction in
			 Btu per year.
3. Implementation of
EEMs
to non-
Tier 1 covered buildings
complying at the campus-level or
connected building
level is
			 acceptable, provided the energy audit demonstrates the energy savings from the
EEMs
implemented at the campus-level or
connected
			 building
level will be at or below the energy target of campus-level
			 or
connected building
level.
4.
Tier 2 covered
			 buildings.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-110 - ASHRAE Standard 100, 2018-Section 11-References

Current through Register Vol. 24-14, July 15, 2024
1. ASHRAE. 2010.
Performance
			 Measurement Protocols for Commercial Buildings
. Atlanta: ASHRAE.
2. ASHRAE. 2013. ANSI/ASHRAE/IES
			 Standard 90.1,
Energy Standard for Buildings Except Low-Rise
			 Residential Buildings
. Atlanta: ASHRAE.
3. ASHRAE. 2007. ANSI/ASHRAE Standard 90.2,
Energy-Efficient Design of Low-Rise Residential Buildings
.
			 Atlanta: ASHRAE.
4. IES. 2011.
Lighting Handbook
, 10th Edition. New York: Illuminating
			 Engineering Society.
5. ASHRAE.
			 2011.
Procedures for Commercial Building Energy Audits
, 2nd
			 Edition. Atlanta: ASHRAE.
6. ACCA.
			 2007. ANSI/ACCA Standard 4,
Maintenance of Residential HVAC
			 Systems
. Arlington, VA: Air Conditioning Contractors of
			 America.
7. AHRI. 2009. AHRI
			 Guideline X,
Induced Draft Furnace Heat Exchanger Inspection
.
			 Arlington, VA: Air Conditioning, Heating and Refrigeration Institute.
8. ASHRAE. 2013. ANSI/ASHRAE Standard 55,
Thermal Environmental Conditions for Human Occupancy
. Atlanta:
			 ASHRAE.
9. ASHRAE. 2013.
			 ANSI/ASHRAE Standard 62.1,
Ventilation for Acceptable Indoor Air
			 Quality
. Atlanta: ASH RAE.
10. IEA. 2009. IEA ECBCS Annex 46: Energy
			 Process Assessment Protocol. International Energy Agency, Paris,
			 France.
11. International
			 Performance Measurement & Verification Protocol Concepts and Options for
			 Determining Energy and Water Savings Volume I Revised March 2002
			 DOE/GO-102002-1554. International Performance Measurement & Verification
			 Protocol Committee.
www.ipmvp.org
12.
ANSI/ASHRAE/ACCA Standard
			 211-2018 Standard for Commercial Building Energy Audits
, Section
			 5.3.
13. ASHRAE Guideline 0.2-2015
			 Commissioning Process for Existing Systems and Assemblies.
14. ASHRAE Guideline 1.2-2018 Technical
			 Requirements for the Commissioning Process for Existing HVAC & R Systems
			 and Assemblies.
Normative Annex A
- Not adopted.
Informative Annex B
- Not
				adopted.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-120 - Normative Annex C Forms

Current through Register Vol. 24-14, July 15, 2024
For Washington State Compliance Normative Annex C forms adopted
				as modified and published in Normative Annex Z, Section Z6. Compliance forms
				for
Tier 1 covered building
s and Normative Annex Y, Section Y6
				Compliance forms for
Tier 2 covered buildings
.
Informative Annex F Standard 100 Compliance Flow
				Chart
- Not adopted.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-140 - Normative Annex X-Investment criteria-This is a normative annex and is part of the Tier 1 covered building requirements of this standard

Current through Register Vol. 24-14, July 15, 2024
X1
Demonstrating compliance with the
			 investment criteria.
Buildings
seeking compliance using
			 the exception to Section 9.1.1.1 or 9.1.1.2 shall demonstrate compliance with
			 the financial investment criteria of this annex. The investment criteria shall
			 be documented using a level 2 energy audit and by performing the life cycle
			 cost analysis (
LCCA
) as per X2.2.
X1.1
General guidance on cost and
			 benefits for the base case and alternative case.
The life cycle cost analysis is a process which compares the
				base case of the existing
building
to the alternative case
				that implements
EEMs
proposed by the energy audit. Total life
				cycle cost of each case are produced by the analysis, but the resulting cost
				and benefits of interest are the incremental life cycle cost difference between
				each case. Measures and bundles of measures demonstrating positive life cycle
				cost compared to the base case are to be implemented in accordance with chapter
				9.
The base case will include all costs for energy, operations and
				maintenance and other related cost scheduled in the analysis period. This may
				include replacement of existing equipment upon failure with code compliant
				equipment. All these costs are captured in the base case.
The alternate case captures all cost and benefits associated
				with implementing additional efficiency features. All costs and all benefits of
				implementing
EEMs
required by Section 9 should be captured by
				the analysis. All documented costs may be considered.
Extended implementation periods are allowed by this standard.
				This allows more
EEMs
to be considered at time of failure
				resulting in much of the cost of implementation being attributed to the base
				case. This requires including the implementation timing of the measure in the
				extended compliance period. Ultimately, this reduces the cost of the
				alternative case and will likely make
EEMs
that are not
				cost-effective as an early replacement be cost-effective as replacement
				upgrades.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-150 - Normative Annex Z-Washington state Tier 1 covered buildings reporting requirements-This is a normative annex and is part of the Tier 1 covered building requirements of this standard

Current through Register Vol. 24-14, July 15, 2024
Z1
Building
			 owner notifications by the AHJ.
Z1.1
Notification to building owners of covered buildings by the AHJ.
Based on records obtained from each county assessor and other available
			 information sources, the
AHJ
must create a database of
covered buildings
and
building owners
required to comply with the standard established in accordance with this
			 section. The database may include
buildings
and
building complexes
presumed to meet the definition of
covered building
and multifamily
buildings
greater than 50,000 square feet in floor area.
Z1.1.1 The database will contain information
			 about
buildings
that may be subject to compliance, their
			 owners, and information about
multi-family residential
			 buildings
eligible for incentives. The database will also contain
			 information to assist tracking and reporting on
building owner
compliance, and incentive application and distribution. Commerce will create a
			 method for tracking
building owner
notification responses.
			 Each
building
or
building complex
will be
			 assigned a unique
building
identifier.
Washington Administrative Code › Title 194 - Commerce, Department of (Energy) › Chapter 194-50 - Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018 › Section 194-50-160 - Normative Annex Y-Washington state Tier 2 covered buildings reporting requirements-This is a normative annex and is part of the Tier 2 covered building requirements of this standard

Current through Register Vol. 24-14, July 15, 2024
Y1
Building
			 owner notifications by the AHJ.
Y1.1
Notification to building owners of covered buildings by the AHJ.
Based on records obtained from each county assessor and other available
			 information sources, the
AHJ
must create a database of
covered buildings
and
building owners
required to comply with the standard established in accordance with this
			 section. The database may include
buildings
and
building complexes
presumed to meet the definition of
covered building
and
multifamily residential
			 buildings
greater than 20,000 square feet in floor area.
Y1.1.1 The database will contain information
			 about
buildings
that may be subject to compliance and their
			 owners. The database will also contain information to assist tracking and
			 reporting on
building owner
compliance, and incentive
			 application and distribution. Commerce will create a method for tracking
building owner
notification responses. Each
building
or
building complex
will be assigned
			 a unique
building
identifier.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-010 - Declaration of purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter contains rules and administrative procedures for
				regular and special meetings, adjudicative proceedings hearings and reviews,
				public records and other activities of the board, board members and board staff
				in executing their responsibilities under chapters 18.43 and 18.210
				RCW.
Statutory Authority:
				  Chapters
				  18.43 and 18.235 RCW.
				  04-04-001, § 196-09-010, filed 1/21/04, effective 2/21/04. Statutory
				  Authority:
				  RCW
				     18.43.035. 98-12-045, § 196-09-010,
				  filed 5/29/98, effective 7/1/98.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-012 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions shall apply to this chapter:
(1) "Adjudicative proceedings" are processes
			 of administrative review provided by the board and may be either a formal
			 hearing before the full board including witness testimony or a simplified
			 review by a single presiding officer without witness testimony.
(2) "Administrative review" means an
			 objective review of an initial enforcement or licensing decision made by board
			 staff, to which any person adversely affected by such a decision is entitled by
			 law.
(3) "Board administrative
			 staff" or "board staff" means staff who perform the day-to-day operations and
			 administration for the board and who may make preliminary decisions on
			 licensing and enforcement matters.
(4) "Case manager" means a board member who
			 provides expertise and works with board staff on a specific licensing or
			 enforcement matter and who will not participate in a judicial capacity on that
			 matter.
(5) "Presiding officer"
			 means a member of the board who may preside over a full board hearing, conduct
			 prehearing conferences, or perform a brief adjudicative proceeding.
(6) "Respondent" means the person who has
			 been named in a complaint and may request an administrative review of a board
			 staff decision as described herein.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-015 - Complaint processing approach

Current through Register Vol. 24-14, July 15, 2024
The board processes complaints as follows:
(1) Anyone may submit a complaint against a
			 licensed or unlicensed person alleging unprofessional conduct, unlicensed
			 practice, or any other violations of chapter 18.43, 18.235, or 18.210 RCW.
			 Complaints must be sworn to in writing and should include documentation of the
			 alleged conduct.
(2) Upon receipt
			 of the complaint, board staff will send an acknowledgment of the complaint to
			 the complainant. If the subject of the complaint ("respondent") is a licensee,
			 the board will notify the licensee respondent that a complaint was filed
			 against them and include a copy of the complaint documents.
(3) Board staff will conduct an initial
			 review of the complaint to determine whether the complaint raises a potential
			 violation that would fall within the jurisdiction of the board's regulatory
			 powers. If the complaint does not raise a potential violation of law within the
			 board's jurisdiction, the complaint is administratively closed after
			 recommendation to the board, and the parties are notified of the closure.
(4) If there is a potential
			 violation, a case is opened, a case file is created, and an investigator and
			 case manager are assigned. The respondent is notified, and a response to the
			 allegations in the complaint is requested.
(5) The investigator will conduct a formal
			 investigation which may include requests for documentation and interviews of
			 the complainant, respondent, and other associated parties. All records gathered
			 during the investigation will be placed in the case file.
(6) When the investigation is complete, the
			 case manager will review and evaluate the case file with the investigator, and
			 may ask additional questions of any party, or call for further investigation.
			 When the case manager completes their review, they will draft a written report,
			 which will include facts, possible violations and recommendation on the
			 disposition of the case which may be case closure, case closure with remedial
			 counseling, or issuance of charges.
(7) The board may resolve a complaint or
			 investigation at any time during this process.
(8) If a complainant requests reopening of a
			 closed complaint or investigation, the board may only do so upon receipt of
			 additional evidence or information in support of the original complaint that is
			 relevant to the allegations. Submission of additional documentation does not
			 guarantee the complaint or investigation will be reopened.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-018 - Right to administrative review

Current through Register Vol. 24-14, July 15, 2024
When the board makes an enforcement or licensing decision that
				negatively affects a licensee, applicant, or unlicensed practitioner under
				chapters 18.43 and 18.210 RCW, that person is entitled to request
				administrative review of the decision pursuant to the Administrative Procedure
				Act, chapters 34.05 RCW and 10-08 WAC.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-020 - Adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
The Administrative Procedure Act, chapters 34.05 RCW and 10-08
				WAC apply to all adjudicative proceedings under the jurisdiction of the
				board.
Administrative review is performed by one of the following
				types of adjudicative proceedings:
(1)
			 A formal adjudicative hearing before the entire board with the presentation of
			 witness testimony and/or documentary evidence; or
(2) A brief adjudicative proceeding (BAP)
			 before a single presiding officer, which may be used for the review of simple
			 matters where no witness testimony is needed.
(3) An emergency adjudicative proceeding
			 under
			 RCW
			    34.05.479, which may be used when there is an
			 immediate danger to the public health, safety, or welfare requiring immediate
			 board action.
Statutory Authority:
				  RCW
				     18.43.035. 98-12-045, § 196-09-020,
				  filed 5/29/98, effective 7/1/98.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-050 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The board may conduct brief adjudicative proceedings as provided in
			 RCW
			    34.05.482 through
			 34.05.494 of the Administrative Procedure Act.
(2) Brief adjudicative proceedings may only
			 be allowed when a respondent challenges the following categories of board
			 decisions:
(a) A denial of application for
			 licensure, including renewal, reinstatement, or denial of eligibility to take
			 examinations;
(b) A finding that a
			 licensee has failed to meet continuing professional development
			 requirements;
(c) A finding that a
			 licensee has violated the terms of a final order or agreed order issued by the
			 board or the board's designee;
(d)
			 A finding that a person has engaged in false, deceptive, or misleading
			 advertising, or engaged in unlicensed practice.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-055 - Records required for brief adjudicative proceeding

Current through Register Vol. 24-14, July 15, 2024
The records for the brief adjudicative proceeding may include,
				but are not limited to:
(1) License
			 related denials:
(a) All correspondence,
			 including emails, between the applicant or respondent and the board staff
			 regarding an initial determination including copies of applications, renewal
			 notice(s), denials, or appeals;
(b)
			 All documents received by the board from or on behalf of the applicant,
			 licensee or respondent relating to information, payments, or explanations that
			 have been provided to the board;
(c) Copies of all supplementary information
			 related to application or complaint review by staff or board member;
(d) All documents relied upon by board staff
			 in reaching the initial determination;
(e) Any other information that may be of
			 assistance to the presiding officer in deciding the case.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-060 - Procedures for brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
A brief adjudicative proceeding is conducted by a presiding
				officer as designated by the board chair. The presiding officer shall have
				knowledge and experience in the administrative processes of the board and the
				requirements of the provisions for a brief adjudicative proceeding as provided
				in chapter 34.05 RCW and WAC
				196-09-050
				through 196-09-060, but shall not have participated in the determination or
				action under review. Except as may be otherwise required by the presiding
				officer, the following procedures shall apply:
(1) Both parties shall provide any written
			 statements, explanations, documents, emails, and other information they feel
			 might be relevant as instructed by the presiding officer.
(2) In unique circumstances, during the
			 administrative review, the presiding officer may ask questions and take
			 testimony of the respondent and the board staff, as necessary to supplement the
			 record.
(3) No other witnesses may
			 appear to testify. If the presiding officer determines that witnesses are
			 needed to make a decision, the proceeding will be converted into a formal
			 hearing.
(4) The presiding officer
			 may convert the brief adjudicative proceeding into a formal hearing if they
			 determine, for any reason, that a formal hearing is needed.
(5) At the time any unfavorable action is
			 taken, the presiding officer may serve upon each party a preliminary brief
			 statement of the reasons for the decision. Within ten days of the preliminary
			 statement, the presiding officer shall give the parties a written order
			 containing the findings and conclusions supporting the decision and information
			 about any internal administrative review available.
(6) The brief written statement is an initial
			 order. If no review is taken of the initial order as authorized by
			 RCW
			    34.05.488 and
			 34.05.491,
			 the initial order shall be the final order.
Statutory Authority:
				  Chapters
				  18.43 and 18.235 RCW.
				  04-04-001, § 196-09-060, filed 1/21/04, effective
				  2/21/04.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-100 - Investigative cost reimbursement

Current through Register Vol. 24-14, July 15, 2024
The reimbursement of investigative costs may be ordered by the
				board if the adjudicative process has resulted in a board order. Costs subject
				to reimbursement are those expenses paid by the board during the investigation
				process, such as expert or consultant witness contracts.
In addition, the disciplinary authority may impose a civil fine
				in an amount not exceeding one thousand dollars for each day upon which a
				person engaged in the unlicensed practice of a profession or operation of a
				business for which a license is required by one or more of the chapters
				specified in
				RCW
				   18.235.020; chapters 18.43 and 18.210
				RCW.
Statutory Authority:
				  Chapters
				  18.43 and 18.235 RCW.
				  04-04-001, § 196-09-100, filed 1/21/04, effective
				  2/21/04.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-110 - Cooperation with board investigation

Current through Register Vol. 24-14, July 15, 2024
In the course of an investigation and request by the board
				under its authority in chapter 18.43 RCW, a licensee or registrant must provide
				access to any papers, records, or documents in their possession or accessible
				to them that pertain to the allegations in a complaint or investigation, and
				may provide a written explanation addressing such complaint/ investigation or
				other information requested by the board. A facility related to a complaint or
				investigation shall be made accessible by the licensee during regular business
				hours.
Statutory Authority:
				  Chapters
				  18.43 and 18.235 RCW.
				  04-04-001, § 196-09-110, filed 1/21/04, effective
				  2/21/04.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-120 - Meetings and officers

Current through Register Vol. 24-14, July 15, 2024
All meetings of the board are held in accordance with the Open
				Public Meetings Act,
				chapter
				42.30 RCW. The Washington
				state board of registration for professional engineers and land surveyors shall
				hold its annual meeting in the third week of June each year. All other meetings
				of the board are held at such times and places as the board may deem
				necessary.
At the annual meeting the board shall elect a chair and
				vice-chair to hold office for one year commencing July 9. Any resignation from
				the position of chair shall be filled for the remainder of the term by the
				vice-chair.
Statutory Authority:
				  RCW
				  18.43.035. 10-05-016, § 196-09-120,
				  filed 2/4/10, effective 3/7/10. Statutory Authority:
				  Chapters
				  18.43 and 18.235 RCW.
				  04-04-001, § 196-09-120, filed 1/21/04, effective
				  2/21/04.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-130 - Board member limitations-Contract selection

Current through Register Vol. 24-14, July 15, 2024
(1) When a member of the board of
			 registration for professional engineers and land surveyors (Board) is
			 beneficially interested, directly or indirectly, in a contract, sale, lease,
			 purchase or grant that may be made by, through, or is under the supervision of
			 the board in whole or in part, or when the member accepts, directly or
			 indirectly, any compensation, gratuity, or reward from any other person
			 beneficially interested in such contract, sale, lease, purchase or grant, the
			 member must:
(a) Exclude him or herself from
			 the board discussion regarding the specific contract, sale, lease, purchase or
			 grant;
(b) Exclude him or herself
			 from the board vote on the specific contract, sale, lease, purchase or grant;
			 and
(c) Refrain from attempting to
			 influence the remaining board members in their discussion and vote regarding
			 the specific contract, sale, lease, purchase or grant.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-131 - Board member limitations-Board actions

Current through Register Vol. 24-14, July 15, 2024
(1) When a member of the board of
			 registration for professional engineers and land surveyors (Board) either owns
			 a beneficial interest in or is an officer, agent, employee or member of an
			 entity or individual, which is subject to a board action, the member must:
(a) Recuse him or herself from the board
			 discussion regarding the specific action;
(b) Recuse him or herself from the board vote
			 on the specific action; and
(c)
			 Refrain from attempting to influence the remaining board members in their
			 discussion and vote regarding the specific action.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-135 - Reporting of board member recusal

Current through Register Vol. 24-14, July 15, 2024
If exclusion or recusal occurs pursuant to WAC
				196-09-130
				or
				196-09-131,
				the member of the board should disclose to the public the reasons for his or
				her exclusion or recusal from any board action whenever it occurs. The board
				staff should record each instance of exclusion or recusal and the basis for it
				in the minutes of the board meetings.
Statutory Authority:
				  RCW
				     18.43.035. 06-22-032, § 196-09-135,
				  filed 10/25/06, effective 11/25/06.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-150 - Public records

Current through Register Vol. 24-14, July 15, 2024
All public records of the board are available for public
				inspection and copying pursuant to these rules and applicable state law
				(chapter 42.56 RCW), as follows:
(1)
			 Inspection of records. Public records are available for inspection and copying
			 during normal business hours of the office of the Washington state board of
			 registration for professional engineers and land surveyors. Records may be
			 inspected at the board's office when the requestor has been notified of the
			 availability of the requested documents and an appointment is made with the
			 public records officer.
(2) Records
			 index. An index of public records, consisting of the retention schedules
			 applicable to those records, is available to members of the public at the
			 board's office.
(3) Organization of
			 records. The board maintains its records in a reasonably organized manner. The
			 board will take reasonable actions to protect records from damage and
			 disorganization. A requestor shall not take original records from the board's
			 office. A variety of records are also available on the board's website at
https://brpels.wa.gov/
. Requestors
			 are encouraged to view the documents available on the website prior to
			 submitting a public records request.
(4) Making a request for public records.
(a) Any person wishing to inspect or obtain
			 copies of public records should make the request using the board's public
			 records request form available on the board's website or in writing by letter
			 or email addressed to the public records officer. Written request must include
			 the following information:
(i) Date of the
			 request.
(ii) Name of the
			 requestor.
(iii) Address of the
			 requestor and other contact information, including telephone number and any
			 email addresses.
(iv) Clear
			 identification of the public records requested to permit the public records
			 officer or designee to identify and locate the records.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-09 - Board practices and procedures › Section 196-09-160 - Change of address-Board notification

Current through Register Vol. 24-14, July 15, 2024
All licensees in this state must notify the board in writing
				within thirty days of any change of mailing address or email address.
				Corporations and LLCs licensed in this state must notify the board of any
				opening, closing, or relocation of the main office or a branch office in this
				state.
Washington Administrative Code › Title 196 - Engineers and Land Surveyors, Board of Registration for Professional › Chapter 196-12 - Registered professional engineers › Section 196-12-005 - Declaration and purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter contains rules and procedures for applications,
				examinations, experience, education, and eligibility to become licensed as
				professional engineers.
Statutory Authority:
				  Chapters
				  18.43 and 18.235 RCW.
				  04-04-001, § 196-12-005, filed 1/21/04, effective
				  2/21/04.