Examining Board of Architects, Landscape Architects
Professional Engineers, Designers, and Professional
Land Surveyors
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS
PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL
LAND SURVEYORS
PROPOSED ORDER OF THE
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS
PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL
LAND SURVEYORS
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal A-E 13.05 (2) (a) to (d) and 13.10; to renumber and amend A-E 13.05 (2) (intro.); to amend A-E 13.03 (3), 13.08 (5) and (6), and 13.09; and to create A-E 13.05 (1m) and 13.06 (1m), relating to continuing education.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…” Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 443.015 (1), Stats., provides that each section of the examining board “may establish continuing education requirements for renewal of a credential issued by that section under this chapter.” Related statute or rule:
Chapter A-E 10 provides continuing education requirements for professional land surveyors. Chapter A-E 11 provides continuing education requirements for landscape architects. Chapter A-E 12 provides continuing education requirements for architects. Plain language analysis:
The proposed rules specify approved providers of continuing education, which will result in more transparent and consistent approval of continuing education. This change also will provide professional engineers greater assurance that the time and money spent on obtaining continuing education will satisfy the requirements set in administrative code.
Current rules require late renewal applicants to submit a record with information providing proof of compliance with the continuing education requirements. The proposed rules require late renewal applicants to follow the same procedures as those applicants who renew prior to the established renewal date. The change would require late renewal applicants to 1) certify on the application full compliance with the continuing education requirements and 2) maintain records of completed continuing education.
There are other proposed amendments to provide clarity and consistency in the chapter.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Professional development hour (PDH) requirements for professional engineers are set forth in 68 Ill. Adm. Code 1380.325. The following are identified as acceptable providers for structured educational activities:
• National Council of Examiners for Engineering and Surveying (NCEES)
• National Society of Professional Engineers (NSPE)
• Illinois Society of Professional Engineers (ISPE)
• American Council of Engineering Companies of Illinois (ACEC-IL)
• Technical or professional societies or organizations relating to professional engineering, including the American Society of Civil Engineers (ASCE)
• Colleges, universities, or other educational institutions
• Other technical or professional societies or organizations, including manufacturers
Upon satisfactory evidence of compliance with PDH requirements, a nonrenewed license is restored upon payment of the required fee.
Iowa:
Professional development hour (PDH) requirements for professional engineers and land surveyors are set forth in 193C IAC 7.1 to 7.8. The rules do not specifically identify acceptable or approved providers of education nor provide requirements for late renewal of a license different than those for timely renewal.
Michigan:
Continuing education requirements for professional engineers are set forth in Mich Admin Code, R 339.16040 to R 338.7150. The rules do not specifically identify acceptable or approved providers of education nor provide requirements for late renewal of a license different than those for timely renewal.
Minnesota:
Professional development hour (PDH) requirements for professional engineers, land surveyors, landscape architects, geoscientists, and interior designers are set forth in MN Statute 326.107. The statutes do not specifically identify acceptable or approved providers of education nor provide requirements for late renewal of a license different than those for timely renewal.
Summary of factual data and analytical methodologies:
The proposed rules were developed in consultation with the Professional Engineer Section. A department-prepared list of current education providers was reviewed, as well as adjacent states’ statutes and administrative rules relating to continuing education.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules will be posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435.
