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Board of Registration for Professional Engineers & Land Surveyors Board Meeting February 8, 2018 8:00 AM Radisson Hotel SeaTac, WA

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Page 1: Board of Registration for Professional Engineers & Land ... · PDF fileBoard of Registration for Professional Engineers & Land ... Assistant Attorney General’s report 1.2. ... BOARD

Board of Registration for Professional

Engineers & Land Surveyors

Board Meeting

February 8, 20188:00 AM

Radisson HotelSeaTac, WA

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Board Meeting

Tab 1

Call to Order

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STATE OF WASHINGTON BOARD OF REGISTRATION FOR

PROFESSIONAL ENGINEERS AND LAND SURVEYORS

COMMITTEE MEETING SCHEDULES &

SPECIAL BOARD MEETING AGENDA

DATE: Committee Meetings – Wednesday, February 7, 2018 Special Board Meeting – Thursday, February 8, 2018

TIME: February 7, 2018 1:00 p.m. February 8, 2018 8:00 a.m.

LOCATION: Radisson Hotel SeaTac Airport 18118 International Blvd Seattle, WA 98188

ATTENTION: Board and Committee meetings are open to the public except when business calls for a Closed Session. During Closed Session all guests will be excused. Start times are subject to change by the Board or Committee Chair.

Guests may choose to join the board during meals, but meals will not be provided for guests.

COMMITTEE MEETING SCHEDULE Wednesday February 7, 2018

Committee Reports are given under the Special Board Meeting agenda item #2Committee Reports.

Exam/Qualifications Committee (EQ) (Alaska Room) 1:00 p.m. Review of exam related subjects, application eligibility, and policy review. Committee: Mr. Wengler, PLS, CFedS, Chair; Mr. VanDeWege, PE; Mr. Hendrickson, PE; Board staff. Report under #2.1.

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Radisson Hotel Seattle, WA

BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS COMMITTEE AND SPECIAL BOARD MEETING FEBRUARY 7-8, 2018

Practice Committee (PC) (Vancouver Room) 1:00 p.m. Review of questions on scope of practice and policy review. Committee: Ms. Gnanapragasam, PE, PhD, Chair; Ms. Lund, PE, SE; Mr. Blaisdell PLS Board staff. Report under #2.2.

Surveying Committee (Alaska Room) upon completion of PC and EQ Committees Review and development of policy or rules on land surveying. Committee: Mr. Blaisdell PLS, Chair; Mr. Wengler, PLS, CFedS; Ms. Gnanapragasam, PE, PhD; Board staff. Report under #2.3.

Executive Committee (EC) (Alaska Room) upon completion of Survey Committee Review of budget, travel, and staffing issues. Committee: Mr. Shrope, PE, SE, Board Chair; Mr. Wengler, PLS, CFedS, Vice-Chair; Ms. Gnanapragasam, PE, PhD, Past Chair; Board staff. Report under #2.4.

The full Board will reconvene for their Special Meeting at 8:00 a.m., Thursday, February 8, 2018 in the Orcas Room.

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Radisson Hotel Seattle, WA

BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS COMMITTEE AND SPECIAL BOARD MEETING FEBRUARY 7-8, 2018

SPECIAL BOARD MEETING AGENDA Thursday, February 8, 2018

OPEN SESSION .................................... 8:00 a.m. 1. Call to Order

1.1. Introductions 1.2. Order of agenda 1.3. Approval of draft minutes: December 7, 2017 1.4. Approval of draft minutes: December 13, 2017 1.5. Review communications 1.6. Public comment opportunity

2. Committee Reports

2.1. Exam/Qualifications Committee 2.2. Practice Committee 2.3. Surveying Committee 2.4. Executive Committee

EXECUTIVE SESSION: The chair will announce the purpose and estimated duration for Executive Session. No formal actions will be taken during Executive Session. Once Executive Session concludes, the Board will take a break to announce and invite visitors to Open Session. OPEN SESSION RECONVENES

3. Disciplinary Activity 3.1. New board orders 3.2. Recommended closures

3.2.1. 2017-11-0005 3.2.2. 2017-09-0007

3.3. Disciplinary report 4. New Business 5. Old Business

5.1. Review prior action items list 5.2. Outreach and event calendar 5.3. Digital signature meeting report

6. Executive Director’s Report

6.1. Program operations 6.2. Financial Report 6.3. Travel 6.4. Other items

7. Assistant Attorney General’s report

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Radisson Hotel Seattle, WA

BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS COMMITTEE AND SPECIAL BOARD MEETING FEBRUARY 7-8, 2018

8. Other Business

8.1. Any other business 8.2. Action items from this meeting 8.3. Agenda items for next meeting

9. Adjourn Meeting

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STATE OF WASHINGTON BOARD OF REGISTRATION FOR

PROFESSIONAL ENGINEERS AND LAND SURVEYORS SPECIAL BOARD MEETING MINUTES

DATE: December 7, 2017

TIME: 8:00 a.m.

LOCATION: The Radisson Hotel Seattle Tacoma Airport Orcas Room 18118 International Blvd. Seattle, WA 98188

BOARD MEMBERS Stephen Shrope, PE, SE, Chair James Wengler, PLS, CFedS, Vice Chair Nirmala Gnanapragasam, Ph.D, PE Doug Hendrickson, PE Aaron Blaisdell, PLS Marjorie Lund, PE, SE

BOARD MEMBER VIA PHONE Ivan VanDeWege, PE

STAFF MEMBERS Shanan Gillespie, Acting Executive Director Jennifer Lingle, Administrative Assistant Jill Short, Investigations & Compliance Manager Grace Hamilton, Investigator

STAFF MEMBER VIA PHONE Elizabeth Lagerberg, AAG Advisor

GUESTS Tom Barger, PLS, Land Surveyors Association of Washington Stacey Saunders Rick Storvick, Administrator, Regulatory Boards Section

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Special Board Meeting Minutes December 7, 2017

Page 2 of 7 Kathe McDaniel, Assistant Administrator, Regulatory Boards Section Julia Manley, Licensing Manager, Regulatory Boards Section

OPEN SESSION

1. Call to Order 8:03 a.m.

1.1. Introductions Board members, staff, and guests introduced themselves.

1.2. Approval of Order of Agenda The order of the agenda was amended as follows:

• Added 3.2.3 – recommended case closure, 2017-07-0001. • Added 3.2.4 – recommended case closure, 2017-09-0008.

MOTION: Mr. Hendrickson made a MOTION to accept the agenda. Mr. Blaisdell seconded the MOTION and it passed.

1.3. Approval of Draft Minutes: October 19, 2017

MOTION: Mr. Hendrickson made a MOTION to approve the October 19, 2017 minutes, as presented. Mr. Wengler seconded the MOTION, and it passed.

1.4. Review Communication Ms. Gillespie shared a letter from National Council of Examiners for Engineering and Surveying (NCEES) regarding the replacement for Jerry Carter.

1.5. Public Comment Opportunity Ms. Saunders introduced herself to the Board and Staff.

2. Committee Reports 2.1. Exam/Qualifications Committee

Mr. Wengler delivered the committee’s report. Total of 138 Professional Engineer (PE) applications approved for licensure from 10/1/2017 to present.

Building Systems – 2 Civil – 80 Control Systems – 1 Electrical – 22 Environmental – 4 Fire Protection – 2 Industrial – 1 Mechanical – 26

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Special Board Meeting Minutes December 7, 2017

Page 3 of 7

Total of 9 examinees for the Professional Land Surveying (PLS) Exam 5 – Passed 4 – Failed

The next PLS 2 hour State Specific Exam is being held in Olympia on December 15, 2017. On-Site Cut Score Exam removed two questions for a cut score of 68/98. 6- designers 6- Inspectors

Action Item: Staff will work with board members on language for WAC 196-16 & 26A Action Item: Ms. Lingle will add notification of CR101 filings to ListServ.

MOTION: Mr. Blaisdell made a MOTION to accept the Exam/Qualifications Committee report. Ms. Lund seconded the MOTION; and it passed.

2.2. Practice Committee

Ms. Gnanapragasam delivered the committee’s report.

Total cases reviewed by the committee: 13 - Cases 6 - Engineering Complaints

4 - Surveying Complaints

1 _ - Unlicensed Engineering Complaint 1 _ - Unlicensed Surveying Complaint 1 - Unlicensed Corporation Complaint There are currently 9 individuals on compliance monitoring (Robert Balmelli, PE; James Bell, PLS; Benjamin Hodde, Daniel Johnson, PLS; Michael Mahoney, PLS; Leigh McIntire, OS; Adam Prince; Richard Russum, PLS; Bruce Studeman, PLS). Four individuals are currently in compliance, five individuals are currently out of compliance. We are working with our AAG on next steps. Mr. Bell has appealed the board order to the Yakima County Superior Court. We are also working with the AAG on this case.

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Special Board Meeting Minutes December 7, 2017

Page 4 of 7 Investigative staff will carbon copy (cc) case managers when sending out case update notifications to respondents and any other correspondence sent after the investigative file is complete. The PC will continue monitoring complaint process pilot and report out to the Board. Action Item: Ms. Gillespie and Ms. Lagerberg will work together to answer forensic engineering letter. Action Item: Revise language in WAC 196-33-400 and remove expiration date from on-site designer stamp. MOTION: Mr. Hendrickson made a MOTION to accept the Practice Committee report. Mr. Wengler seconded the MOTION, and it passed.

2.3. Surveying Committee

Mr. Blaisdell delivered the committee report. Discussion was held regarding:

• Status of a contract for the locally prepared exams (2hr land surveyor) • Computer Based Testing (CBT) • Digital Signatures

Action Item: Create a log of questions and answers asked of the Board. Action Item: Ms. Rakestraw will update Statistic Slide. Action Item: Mr. Wengler will write a letter to Department of Health about the Board’s concerns with language in WAC 246-272A-0220.

2.4. Executive Committee

Mr. Shrope delivered the committee report. Discussion was made regarding:

• Executive Director recruitment • Budget • Interagency Agreement

Action Item: Board members will review and draft Interagency Agreement.

EXECUTIVE SESSION: Mr. Shrope, Board Chair, announced the purpose and estimated duration for Executive Session. No formal actions were taken during Executive Session. At the conclusion of Executive Session, the Board took a break and invited visitors back for Open Session. OPEN SESSION RECONVENES

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Special Board Meeting Minutes December 7, 2017

Page 5 of 7 3. Disciplinary Activity

3.1. New Board Orders 3.1.1. Order 2015-11-0003- Amir Fayazrad

The Respondent was practicing land surveying without a Washington State professional land surveyor license. The Agreed Order imposed the following sanctions:

• The Respondent shall permanently cease and desist from the unlicensed practice of professional land surveying or offering to practice land surveying in the State of Washington.

• The Respondent shall not represent himself or his firm to current or potential clients or the public, as being able to provide and/or perform land surveying services in the State of Washington until the Respondent becomes licensed with the Board. This includes: making any statement, directly or indirectly, to any individual or to the public, about being able to provide and/or perform land surveying services in Washington, until Respondent files a Certification of Authority with the Board.

• The Respondent is assessed a fine of $13,500. Half of the fine ($6,750) shall be submitted to the Department within 14 days of the Agreed Order. The remaining $6,750 shall be paid in full to the Department within 9 months of the Agreed Order.

MOTION: Mr. Wengler made a MOTION to accept the Agreed Order as presented. Ms. Lund seconded the MOTION, and it passed. Mr. Blaisdell abstained.

3.2. Recommended closures

3.2.1. 2017-01-0005 Mr. Blaisdell recommended the case be closed.

MOTION: Mr. Hendrickson made a MOTION to accept the case manager’s recommendation for closure. Mr. Wengler seconded the MOTION, and it passed. Mr. Blaisdell abstained.

3.2.2. 2017-04-0005 Mr. Shrope recommended the case be closed.

MOTION: Ms. Lund made a MOTION to accept the case manager’s recommendation for closure. Ms. Gnanapragasam seconded the MOTION, and it passed. Mr. Shrope abstained.

3.2.3. 2017-07-0001 Mr. Shrope recommended the case be closed.

MOTION: Mr. Wengler made a MOTION to accept the case manager’s recommendation for closure. Mr. Blaisdell seconded the MOTION, and it passed. Mr. Shrope abstained.

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Special Board Meeting Minutes December 7, 2017

Page 6 of 7

3.2.4. 2017-09-0008 Mr. Hendrickson recommended the case be closed.

MOTION: Mr. Blaisdell made a MOTION to accept the case manager’s recommendation for closure. Ms. Gnanapragasam seconded the MOTION, and it passed. Mr. Hendrickson abstained.

3.3. Disciplinary Report

Packet item only; no action.

4. New Business No business.

5. Old Business 5.1. Review Prior Action Items List

Ms. Lingle reviewed the master action item list with the Board.

5.2. Outreach Calendar The Board reviewed and discussed past and upcoming outreach opportunities.

MOTION: Mr. Blaisdell made a MOTION for the Board not to participate in the Museum of Flight outreach opportunity. Mr. Wengler seconded the MOTION, and it passed. 6. Executive Director’s Report

6.1. Program Operations Ms. Gillespie updated the Board on the maintenance changes to ListServ. Ms. Short gave a staffing update for the vacant Investigator position and introduced Grace Hamilton who is helping with investigations.

6.2. Financial Report The financial report was discussed in the Executive Committee report out.

6.3. Travel 6.3.1. Western Zone Meeting

NCEES will fund three delegate members to attend the Western Zone meeting in Hawaii on April 5-7, 2018.

Board members attending will be Mr. Shrope, Mr. Wengler. Staff attending will be Ms. Gillespie. Mr. Blaisdell will attend if permission is granted for a fourth member to attend.

6.3.2. Travel Presentation

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Special Board Meeting Minutes December 7, 2017

Page 7 of 7

Ms. Gillespie and Ms. Lingle presented to the Board the travel presentation that will be discussed in more detail during the April Board Training.

6.4. Other Items Ms. Gillespie informed the Board that the board journal was sent to the printers. The journals are scheduled to be mailed out next week.

7. Assistant Attorney General’s Report

Ms. Lagerberg let the Board know she will need to have a discussion with her supervisor regarding the memo she prepared regarding the use of the title “engineer”.

8. Other Business 8.1. Any other business None

8.1. Action Items from this meeting.

Action items were reviewed and will be added to the master action items list.

8.2. Agenda Items For Next Meeting • Interagency Agreement

9. Adjourn Meeting: 12:33 p.m.

Next meeting: February 7, 2018 1:00 p.m. – Committee Meetings

February 8, 2018 8:00 a.m. – Special Board Meeting Radisson Hotel Seattle Tacoma Airport 18118 International Blvd Seattle, WA 98188

Respectfully Submitted:

___________________________________________ Shanan Gillespie, Acting Executive Director

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STATE OF WASHINGTON BOARD OF REGISTRATION FOR

PROFESSIONAL ENGINEERS AND LAND SURVEYORS SPECIAL BOARD MEETING MINUTES

DATE: December 13, 2017

TIME: 5:00 PM

LOCATION: Department of Licensing Room 2214 405 Black Lake Blvd SW Olympia, WA 98502

Board members participated via conference call

BOARD MEMBERS Stephen Shrope, PE, SE, Chair James Wengler, PLS, CFedS, Vice-Chair Nirmala Gnanapragasam, PhD, PE Ivan VanDeWege, PE Aaron Blaisdell, PLS Marjorie Lund, PE, SE Doug Hendrickson, PE

STAFF MEMBERS Richard Storvick, Administrator Sarah Crawford, Board Support Supervisor Elizabeth Lagerberg, AAG Advisor

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Special Board Meeting Minutes December 13, 2017 Page 2 of 2

SPECIAL BOARD MEETING MINUTES December 13, 2017

OPEN SESSION 1. Call to Order 5:04 pm

1.1. Introductions Board members and staff introduced themselves.

EXECUTIVE SESSION: Mr. Shrope, PE, SE, Board Chair, called the meeting to order at 5:04 pm. He then announced the purpose and estimated duration for Executive Session. No formal actions were taken during Executive Session. At the conclusion of Executive Session, the Board returned to Open Session.

OPEN SESSION RECONVENES

2. Adjourn Meeting 5:42 pm

Next meeting: February 7, 2018 - Committee Meetings

February 8, 2018 - Special Board Meeting Radisson, SeaTac

Respectfully submitted: ___________________________________________ Richard Storvick, Administrator

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Board Meeting

Tab 2

Committee Reports

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Board Meeting

Tab 3

Disciplinary Activity

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Case Manager PLS ENG

ENG Corps /LLC OSW Daily Intake Investigations

Case Manager Review

Charging Documents

Being Drafted BAP

AAGs Office

Aaron Blaisdell 8 0 1 0 0 2 6 1 0 0Douglas Hendrickson 0 3 0 0 0 1 2 0 0 0Ivan VanDewege 0 3 0 0 0 1 2 0 0 0James Wengler 12 0 3 0 0 3 8 1 0 2Marjorie Lund 0 4 2 0 0 4 2 0 0 0Nirmala Gnanapragasam 0 3 0 2 0 1 3 1 0 0PRACTICE COMMITTEE 2 1 1 0 0 0 4 0 0 0Unassigned 2 1 5 0 1 4 2 1 0 0Totals as of: 22 Jan 2018 24 15 12 2 1 16 29 4 0 3

Recent Case History 2017 2016 2015 Recent Case History 2017 2016 2015ENG Beginning 21 12 13 PLS Beginning 29 20 22ENG Opened 3 34 24 PLS Opened 2 23 17ENG Closed 1 25 25 PLS Closed 0 14 19ENG Total 23 21 12 PLS Total 31 29 20ENG Corp/LLC Beginning 13 4 8 OSW Beginning 3 4 4ENG Corp/LLC Opened 0 27 27 OSW Opened 0 1 0ENG Corp/LLC Closed 2 18 31 OSW Closed 0 2 0ENG Corp/LLC Total 11 13 4 OSW Total 3 3 4

Professional Engineers & Land Surveyors Board Disciplinary Report

Total cases Case Status

Daily Intake2%

Investigations32%

Case Manager Review

58%

Charging Documents

Being Drafted8%

Open Case Status

Typical Complaint Process (Open Case Status)-- Staff receive complaint (Daily intake)-- Staff evaluate complaint (Daily intake)-- Staff assign to Case Manager (CM) (CM Review)-- CM review; determine whether to investigate (CM Review)-- Staff investigate complaint (Investigations)-- If no evidence supports allegation, CM recommend closure (CM Review)

PLS47%

ENG29%

ENG Corps /LLC24%

Types Of Cases

Civil75%

Forest9%

Mechanical8% Unlicensened

8%

ENG Types

(cont.)-- If no evidence supports allegation, CM recommend closure (CM Review)-- If evidence supports allegation, CM determine sanctions (CM Review)-- Staff use BAP if appropriate (BAP)-- Staff drafts charging documents (Charging Documents Being Drafted)-- Board Attorney reviews charges, moves forward with prosecution (AAG review)-- Following Prosecution / Disposition decision (Compliance Monitoring)

3.3

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Board Meeting

Tab 4

New Business

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Board Meeting

Tab 5

Old Business

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Board of Registration for Engineers and Land Surveyor

Date AssignedAgenda Item Action Item Assigned to Status

Board or Staff Assignments

12/7/2017 Review and draft Interagency Agreement. Board Members 1/2/2018CompletedDue Date

Out dated ..

12/7/2017 Mr. Wengler will write a letter to Department of Health about the Board's concerns with language in WAC 246-272A-0220.

Mr. Wengler 1/9/2018CompletedDue Date

Out dated ..

12/7/2017 Ms. Rakestraw will up-date statistic slide. Ms. Rakestraw 2/23/2018CompletedDue Date

Out dated ..

12/7/2017 Create a log of questions and answers asked of the Board.Comment: This has been started and it will go continuously .

Staff 2/8/2018CompletedDue Date

Out dated ..

12/7/2017 Revise language in WAC 196-33-400 and remove expiration date from on-site designer stamp.

PC 2/18/2018CompletedDue Date

Out dated ..

12/7/2017 Ms. Short and Ms. Lagerberg will work together to answer forensic engineering letter.

Ms. Short and Ms. Lagerberg

ongoingCompletedDue Date

Out dated ..

12/7/2017 Ms. Lingle will add CR101 to ListServ. Ms. Lingle 12/11/2017CompletedDue Date

Out dated ..

Thursday, January 11, 2018 Page 1 of 2

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Date AssignedAgenda Item Action Item Assigned to Status

Board or Staff Assignments

12/7/2017 Staff will work with board members on language for WAC 196-16 & 26A.

Ms.Rakestraw, Ms. Gillespie, Ms. Manley

4/19/2018CompletedDue Date

Out dated ..

8/8/2017 Contact LS SMEs members for availabilty prior to psychometrician being hired. Comment: LS & OS SMEs contacted via email 12/21/2017

Staff 1/15/2018CompletedDue Date

Out dated ..

Thursday, January 11, 2018 Page 2 of 2

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Washington State BORPELS February 8, 2018 Seattle, WA

Subject: Outreach and event calendar

General Outreach Events

DATE EVENT, LOCATION ATTENDEES

01/11/2018 Digital Signature Cmte / Tumwater, WA N. Gnanapragasam,J. Wengler, M. Lund,J. Short, S. Gillespie

02/16/2018 Licensing and Ethic, WSU, Richland, WA D. Hendrickson

03/07-03/10/2018 LSAW Conference/Spokane, WA J. WenglerA. Blaisdell

04/05-04/07/2018 NCEES Western Zone/ Honolulu, HI S. ShropeJ. WenglerS. Gillespie

04/17-04/20/2018 APWA Conference/ Vancouver, WA A. Blaisdell

08/15-08/18/2018 NCEES Annual Meeting, Scottsdale, AZ

Recommendation: For information only.

Submitted by Board Staff November 16, 2017

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Lingle, Jennifer (DOL)

From: Gillespie, Shanan (DOL)Sent: Wednesday, January 24, 2018 9:34 AMTo: James Wengler; Marjorie Lund; Gnanapragasam, Nirmala; [email protected];

[email protected]; [email protected]; [email protected]; Tebb, G. Thomas (ECY); Eileen Webb; [email protected]; [email protected]; [email protected]

Cc: Lingle, Jennifer (DOL); Short, Jill (DOL); Crawford, Sarah (DOL); Storvick, Richard (DOL); McDaniel, Katherine (DOL)

Subject: Jan. 11th Digital Signature Committee RecapAttachments: Digital Committee Agenda.docx; Fw: Electronic Document Language Used on MBP;

SEAW-WABO letter to George Twiss.pdf; WABO-SEAW wet sealing and signing of documents.pdf; rule language.docx

Digital Signature Committee members, 

I want to thank you all for driving in the pouring rain to the meeting.  I think it was a very productive meeting, and wanted to provide you all with a recap of the meeting.   

I have included the documents from the meeting, and the language provided by Lee Kranz that the City of Bellevue uses regarding the submittals of electronic documents.  Also, here is the link to the Engineers/Land Surveyor’s Electronic Documents:  A Board Interpretive Guideline  

Problem Statement  There is a disconnect between the design world and permitting world when it comes to the electronic signature and digital signature process. 

What is our goal? Rule language consistency between Architects, Geologists, Landscape Architects, and Engineers/Land Surveyors. Have instructions to give licensees direction. 

Define terms Electronic – Scanned signature Digital – Locked onto document.  If document is changed, signature is lost. 

Pain points/problems Disconnect with consistent rule language.  Technically doesn’t work.   Digital signature process adds additional time to review process.  It’s detrimental to the process. Is it a software issue? Jurisdictions authority on how documents are submitted.  Different processes with different jurisdictions. How are documents submitted to Building Officials?  Is it different for different departments?   Is there a risk without using digital signatures? (both licensees and jurisdictions) What is the future of digital signatures? 

Next Steps Look at other state boards and jurisdictions.  Find out what their challenges may be and what is working. Look at National Organizations to see if they have recommendations (Model Laws/Rules, etc.) At next meeting: 

Have a electronics/software “wiz” there to determine software needs

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Invite agencies that are “over” lands, public works/projects and approve designs Determine if a CAD drawing is a document as defined in WAC.  (Engineer/Land Surveyor Board)  Possible Solutions  The Board of Registration for Professional Engineers & Land Surveyors – rewrite digital signature rule (WAC 196‐23‐070) to be consistent with other design board rules.  Language:  give the option of using digital signature on electronic submittal instead of making it a requirement.   The committee recommended that we meet later in the year.  Staff will work on the “next steps” and will provide an update at the April All‐Board training.    Thanks again for all of your time and work on this.   

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Board Meeting

Tab 6

Executive Director’s Report

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Washington State Board of Registration for Professional Engineers & Land Surveyors January 22, 2018 Olympia, WA

Engineer, Land Surveyor, and On-site programs – 2017 Quick Review

Legislation affecting the programs No new legislation in 2017 that affected the programs.

Engineer & Land Surveyor board member activity • Board member Nimmy Gnanapragasam attended the NCEES President’s Assembly on

February 3-4, 2017.• Board members James Wengler, Marjorie Lund, and Nimmy Gnanapragasam, along

with staff members Shanan Gillespie and Jill Short, attended the NCEES WesternZone meeting in Denver on May 18-20, 2017.

• Board members Aaron Blaisdell and Stephen Shrope, along with staff members ShananGillespie, Jill Short and Rick Storvick, attended the NCEES Annual Meeting in Miami,FL on August 23-26, 2017.

• Neil Norman, PE completed his term as a board member and Douglas Henrickson, PEwas appointed to the Board.

New board policies adopted No new policies in 2017.

Outreach activity • Staff members Vonna Rakestraw and Julia Manley gave a presentation to the LSAW

South Puget Sound Chapter in Puyallup, WA on January 12, 2017.• Board members Marjorie Lund, Aaron Blasidell and Ivan VanDeWege attended the

Engineers Fair at the Museum of Flight in Seattle, WA on February 4, 2017• Board members Aaron Blaisdell and James Wengler attended the LSAW Annual

Conference, along with staff members John Pettainen and Randy Garcia in SeaTac, WAon March 7-10, 2017. Staff members Vonna Rakestraw and Julia Manley gave apresentation on the new SOLAR renewal system. Board members Blaisdell andWengler were also presenters at the conference.

• Board member Stephen Shrope gave a presentation to senior engineering students atWSU-Pullman on March 7, 2017.

• Staff members Jill Short and Shanan Gillespie gave presentations on digitalsignatures, the disciplinary process and the new SOLAR renewal system to theSEAW meeting in Seattle, WA on March 16, 2017. Ms. Lund was also inattendance to help answer questions.

• Board member Aaron Blasidell attended the American Public Works Association(APWA) conference in Tacoma, WA on April 25-28, 2017.

• Board member James Wengler gave a presentation on licensure and surveying for thePort Angeles Association of Realtors in Port Angeles, WA on May 11, 2017.

• Board member Aaron Blaisdell attended the LSAW Spring Seminar inSuquamish, WA on May 19, 2017.

• Board member Neil Norman attended the Washington Society of ProfessionalEngineers Annual Meeting in Ellensburg, WA on May 20, 2017.

• Staff members Jill Short and Shanan Gillespie met with Department of Healthrepresentatives regarding digital signatures in Tumwater, WA on September 7,

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2017. • Staff members Jill Short and Shanan Gillespie gave presentations on digital

signatures, the disciplinary process and the new SOLAR renewal system to the joint SEAW/ASCE meeting in Tacoma, WA on September 19, 2017.

• Board member Marjorie Lund attended a luncheon with engineering students at Seattle University in Seattle, WA on October 4, 2017.

• Board member Neil Norman gave a presentation to college seniors at Olympic College in Bremerton, WA on October 6, 2017.

• Staff members Jill Short and Shanan Gillespie gave presentations on digital signatures, the disciplinary process and the new SOLAR renewal system to the joint SEAW/ASCE meeting in Spokane, WA on October 17, 2017.

• Staff members Jill Short and Vonna Rakestraw gave presentations on digital signatures, the disciplinary process and the new SOLAR renewal system to the Cowlitz County Health Department – On-site designers/inspectors meeting in Longview, WA on November 24, 2017.

Disciplinary activity Complaints

Brief Adjudicative Proceeding One applicant was served with a Notice of Intent to Deny. The applicant chose the option of a Brief Adjudicative Proceeding (BAP) and BAP was held, and the EQC’s decision to deny his license was reversed. The applicant was licensed in September 2017.

Agreed & Final Board Orders Case No. 15-08-0001- Craig A. Penfield, PE

The licensee was practicing engineering on an expired license from October 26, 2013 to August 11, 2015. Mr. Penfield agreed to notify his clients that his license was expired at the time he stamped and signed the engineering plans, and provide a copy of the correspondence to the Board; resubmit all projects stamped between October 26, 2013 and August 11, 2015, to the appropriate plan reviewing entities, and notify the Board when completed; and, pay a fine of $2,000.

Case No. 2014-12-0002- Robert W. Balmelli, PE

The licensee showed lack of understanding basic on-site wastewater treatment system regulations and design principles in that an on-site wastewater treatment septic system he designed in Lewis County did not meet regulatory requirements. Mr. Balmelli agreed to pay a fine of $250 and take the Advanced Soils for OSS class and Design of Large On-site Sewage Systems class offered by the Washington On-Site Sewage Association (WOSSA) and provide written notification to the Board.

2016 Opened Closed

2017 Opened Closed

Engineers 69 76 80 57 Land Surveyors 17 19 28 14

On-site 4 0 2 2

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Case No. 2015-09-0003- Cash Carr, PE

The licensee submitted an application to participate in the City of Seattle’s geotechnical special inspection program and stated on his resume that he was a professional engineer with experience in geotechnical engineering. On his website he advertised himself as a structural engineer and that he provided geotechnical services. He is not licensed as a structural engineer. He provided two geotechnical projects that failed to meet the City of Seattle’s Department of Planning and Development standards and Respondent’s application was denied. Mr. Carr agreed to remove language and references in his personal resume, website and any other place that would imply qualifications outside his field of expertise until such time he either obtains the appropriate license or required experience, and at his own expense, he shall remove language and references from his firm’s promotional material including the website and other media that would imply the firm is offering those services that is not qualified to perform, unless his firm directly employs a professional with the applicable experience and license.

Case No. 2015-11-0005- Knud S. Knudsen, PLS

The licensee failed to demonstrate reasonable skill and care expected of a practicing land surveyor by failing to record a survey with the Grant County Auditor. Mr. Knudsen agreed to pay a fine of $500 and reimburse the Stewart Title Guaranty Company $175.

Case No. 2016-06-0003 – Bruce Studeman, PLS The licensee failed to respond to multiple requests for information by the Board, which resulted in a statement of charges being issued for unprofessional conduct. Mr. Studeman agreed to a one year suspension. The suspension will be stayed upon compliance with the following conditions: Pay a $3,000 fine and complete and pass the on-line law review.

Case No. 2015-11-0003- Amir Fayazrad The Respondent was practicing land surveying without a Washington State professional land surveyor license. Mr. Fayazrad agreed to permanently cease and desist from the unlicensed practice of professional land surveying or offering to practice land surveying in the State of Washington; he shall not represent himself or his firm to current or potential clients or the public, as being able to provide and/or perform land surveying services in the State of Washington until the Respondent becomes licensed with the Board. This includes: making any statement, directly or indirectly, to any individual or to the public, about being able to provide and/or perform land surveying services in Washington, until Respondent files a Certification of Authority with the Board; and, pay a fine of $13,500.

Case No. 14-11-0002 – James Bell, PLS The licensee failed to show an outbuilding on a survey he performed and that a subsequent unrecorded survey of the same boundary showing additional monument evidence, was not recorded with the County Auditor within 90 days. Mr. Bell opted for a formal hearing, which was held on April 12, 2017. The Board issued a Final Board order on June 16, 2017 which included a 3 year suspension stayed for 2 years, 9 months. Mr. Bell will serve a 3 month actual suspension: the stay of 2 years. 9 months will then remain in place so long as he consistently produces survey work that meets the standards of practice for land surveying in Washington State, there are no

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further acts of professional misconduct, and the terms of this order are followed; pay a fine to the Board in the amount of $5,000 within three (3) months; and, have all survey work reviewed and approved by an independent third party surveyor prior to recording for the next 3 years.

Mr. Bell is currently appealing the Board’s Order in Yakima County Superior Court.

Program updates Other Staff member Randy Garcia left the program. Staff member Jill Short attended the Federation of Associations of Regulatory Boards (FARB) Regulatory Law Seminar in Savannah, GA. After 11 months, staff moved back into their offices at the Black Lake Complex in West Olympia. Board members and staff held interview panels during the months of June and September to find a new Executive Director. License Statistics

Type of License 2015 2016 2017 Professional Engineers

25944 26187 26708 Professional Land Surveyors

1248 1231 1191 Structural Engineers

1816 1925 1986 On-Site Designers

232 219 227 On-Site Inspectors

118 115 132 Engineer-in-training

18620 18991 19464 Land Surveyor-in-training

384 379 380

Recommendation: For information only – no action required Submitted by Board Staff January 22, 2018

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2017-2019 Professional Engineers' Account Budget SummaryPERIOD ENDING 12/31/2017

Current Revenue Data based on Actuals Projected Revenue Data based on Six-Year Plan

Beginning FY 18 Fund Balance 1,601,882$ Fund Balance 1,699,568$

Add: Current FY Revenue to Date 926,715$ Add: Projected Revenue Remainder FY18 1,038,768$ Less: FY Expenditures to Date (829,029)$ Less: Projected Expenditures Remainder FY18 (907,526)$

Less: Operating Transfer Out (740,160)$ Current Fund Balance 1,699,568$ Estimated Fund Balance End FY18 1,090,650$

Dec FY1 Fiscal Year-to-DateRevenues

License, Permits, and Fees $126,116 $926,715.10

Expenditures TotalA - Salaries and Wages 412,817$ B - Employee Benefits 161,675$ C - Professional Service Contracts 10,887$ E - Goods and Services 213,033$ G - Travel 22,237$ J - Capital Outlays 8,192$ N - Grants, Benefits & Client Services 188$

Total Expenditures $174,073 829,029$ Excess of Revenues Over (Under) Expenditures ($47,956.89) $97,686.29

Fund Balance As Previously Reported (Beginning FY18) 1,601,882$ Fund Balance - Ending 1,699,568$

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Board Meeting

Tab 7

Assistant Attorney General’s Report

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Board Meeting

Tab 8

Other Business

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Board Meeting

Tab 9

Adjournment