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 for drafting preferences to provide clarity and consistency with related chapters.
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 339.16044. 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 were 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. No comments were received.
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 Agency contact person:
Helen Leong, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0797; email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. A-E 13.03 (1) (a) is amended to read:
A-E 13.03 (1) (a) Beginning in the biennial registration period commencing August 1, 2012 and ending July 31, 2014, unless granted a waiver under s. A-E 13.08, During each biennial registration period, every registrant shall complete at least 30 hours of approved PDHs or equivalent continuing education units, pertinent to the practice of professional engineering, except that between initial registration and the first renewal period, a new registrant shall not be required to comply with the continuing education requirements for the first renewal of registration. Section 2. A-E 13.03 (3) is amended to read:
A-E 13.03 (3) Except as provided in s. A-E 13.08, a professional engineer who fails to meet the continuing education requirements by the renewal date, as specified in s. 440.08 (2) (a) 35., Stats., may not engage in the practice of professional engineering until the registration is renewed in accordance with ss. A-E 2.05 and 13.10. based upon compliance with the continuing education requirements under this chapter.
Section 3. A-E 13.05 (1m) is created to read:
A-E 13.05 (1m) The professional engineer section may approve any of the following providers for continuing education programs:
(a) A school of engineering approved by the educational approval program.
(b) Colleges, universities, and other degree granting institutions approved by an accrediting agency recognized by the United States department of education.
(c) National Council of Examiners for Engineering and Surveying or its affiliates.
(d) National Society of Professional Engineers or its affiliates.
(e) National Council of Structural Engineers Association or its affiliates.
(f) American Council of Engineering Companies or its affiliates.
(g) American Society of Civil Engineers or its affiliates.
(h) American Society of Mechanical Engineers or its affiliates.
(i) American Society of Plumbing Engineers or its affiliates.
(j) American Society of Heating, Refrigerating, and Air-Conditioning Engineers or its affiliates.
(k) Occupational safety and health administration training institute education centers.
