WAC 196-09-131   Board member limitations -- Transactions.  (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 engaged in a transaction involving the board, the member must:

     (a) Exclude him or herself from the board discussion regarding the specific transaction;

     (b) Exclude him or herself from the board vote on the specific transaction; and

     (c) Refrain from attempting to influence the remaining board members in their discussion and vote regarding the specific transaction.

     (2) The prohibition against discussion and voting set forth in sections (a) and (c) may not prohibit the member of the board from using his or her general expertise to educate and provide general information on the subject area to the other members.

     (3)(a) "Transaction" involving the board means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the member in question believes, or has reason to believe:

     (i) Is, or will be, the subject of board action; or

     (ii) Is one to which the board is or will be a party; or

     (iii) Is one in which the board has a direct and substantial proprietary interest.

     (b) "Transaction" involving the board does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a member; or a claim, case, lawsuit, or similar matter if the member did not participate in the underlying transaction involving the board that is the basis for the claim, case, or lawsuit. Rule making is not a "transaction" as described in this subsection.

     (4) "Board action" means any action on the part of the board including, but not limited to:

     (a) A decision, determination, finding, ruling, or order; and

     (b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.


EXAMPLE:

     The board may discipline engineers or land surveyors for incompetence in their practice in Washington. The board is conducting an investigation involving questionable surveying services provided by a county engineer's office. One of the members of the board sits on that county's planning commission. The member must exclude him or herself from any board investigation, discussion, deliberation and vote with respect to disciplinary actions arising from the investigation.



[Statutory Authority: RCW 18.43.035. 06-22-032, § 196-09-131, filed 10/25/06, effective 11/25/06.]