Explanation of agency authority:
Under s. 15.08 (5) (b), Stats., the Examining Board “shall promulgate rules for its own guidance ...” The Examining Board is established under s. 15.405 (2), Stats., and “all matters of joint interest shall be considered by joint meetings of all sections of the examining board ...” Section 227.11 (2) (a), Stats., authorizes the Examining Board to “promulgate rules interpreting the provisions of any statute enforced or administered by the agency.” 2017 Wisconsin Act 59, section 1929, created s. 440.035 (2), Stats., to state that the Examining Board, “may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.” Section 440.035 (1m) (a), Stats., states that the Examining Board shall, “independently exercise its powers, duties and functions prescribed by law with regard to rule-making …” Section 443.015 (1), Stats., states 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:
None.
Plain language analysis:
Section 1 repeals the subsection in chapter A-E 10, relating to continuing education for professional land surveyors, authorizing random audits to ensure continuing education compliance.
Section 2 repeals the subsection in chapter A-E 11, relating to continuing education for landscape architects, authorizing random audits to ensure continuing education compliance.
Section 3 amends A-E 12.06 (3) in chapter A-E 12, relating to continuing education for architects, repealing the authorization of random audits to ensure continuing education compliance.
Section 4 repeals the subsection in chapter A-E 13, relating to continuing education for professional engineers, authorizing random audits to ensure continuing education compliance.
Agency contact person:
Helen Leong, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0797; email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
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Section 1. A-E 10.05 (2) is repealed.
Section 2. A-E 11.05 (2) is repealed.
Section 3. A-E 12.06 (3) is amended to read:
(3) The architect section may conduct a random audit on a biennial basis of its registrants for compliance with these requirements. It is the responsibility of each registrant to retain or otherwise provide evidence of compliance. A registrant may use the American Institute of Architects continuing education system transcript service to document and record his or her continuing education and as evidence of compliance with the continuing education requirements.
Section 4. A-E 13.06 (2) is repealed.
Section 5. EFFECTIVE DATE. The rules repealed in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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