CR 18-028 Rule Text

STATE OF WISCONSIN

EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS,

PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL

LAND SURVEYORS

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IN THE MATTER OF RULE-MAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   EXAMINING BOARD OF EXAMINING BOARD OF ARCHITECTS,   :   ARCHITECTS, LANDSCAPE

LANDSCAPE ARCHITECTS,     :   ARCHITECTS, PROFESSIONAL

PROFESSIONAL ENGINEERS,     :   ENGINEERS, DESIGNERS, AND DESIGNERS, AND PROFESSIONAL   :   PROFESSIONAL LAND

LAND SURVEYORS         :   SURVEYORS ADOPTING               :   RULES

            :   (CLEARINGHOUSE RULE 18-028)

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ORDER

An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to amend A-E 1.02 (1) and 1.03 (2) (b), relating to authority of the rules committee.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

s. 15.405 (2), 440.035 (1m) (a), and ch. 443, Stats.

Statutory authority:

ss. 15.08 (5) (b) and 227.11 (2) (a), Stats.

Explanation of agency authority:

Under s. 15.08 (5) (b), Stats., the Examining Board “shall promulgate rules for its own guidance ...”

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.”

Related statute or rule:

Chapters A-E 2 through A-E 13

Plain language analysis:

Section 1 inserts a comma to conform the definition to drafting standards.

Section 2 amends A-E 1.03 to clarify that the A-E Rules Committee is an optional step in the rule process. Currently, rule projects undergo three layers of review within the Board structure: the Section, the A-E Rules Committee, and the full A-E Board. Many recent rule projects have focused on one profession, and the respective Section has been able to determine what rule projects are needed and draft preliminary rules during their meetings. Thus, under this change, it is clarified that if the Rules Committee has limited business or no quorum, having no A-E Rules Committee review will not prevent rule projects from being considered by the full A-E Board.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois:

Illinois has several boards that oversee these professions, including the Architecture Licensing Board, Board of Professional Engineers, Structural Engineering Board, Landscape Architect Registration Board, and the Land Surveyors Licensing Board. Additional boards work under the Illinois Department of Financial and Professional Regulation, but there is no specific board for designers. There are no standing Rule Committees as a part of these Boards.

Iowa:

Iowa has several boards that oversee these professions, including the Engineering & Land Surveying Examining Board, Architectural Examining Board, and the Landscape Architectural Examining Board. Additional boards work under the Iowa Professional Licensing Bureau, but there is no specific board for designers. There are no standing Rule Committees as a part of these boards.

Michigan: