CR 19-152 Rule Text

Related statute or rule:

A-E 11

Plain language analysis:

The Section has reviewed the chapter and made revisions to:

- Insert cross-references into s. A-E 9.06 (6) for relevant statutes to implement 2017 Act 278, which made various changes to the circumstances under which a licensing agency may base its decisions on an individual’s criminal history; and

- Revise the chapter for clarity, consistency, and to meet drafting standards.

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

None.

Comparison with rules in adjacent states:

Illinois:

Landscape architects are licensed by the Illinois Landscape Architect Registration Board under the Illinois Department of Financial and Professional Regulation. The Board does not have a process for preliminary determinations concerning whether any court judgments against the applicant would result in a denial of a license. If an applicant has a criminal history, the board must consider mitigating factors and evidence of rehabilitation. The board may not consider sealed or expunged records.

Iowa:

Landscape architects are licensed by the Landscape Architectural Examining Board, attached to the Iowa Professional Licensing Bureau. The Board does not have a process for preliminary determinations concerning whether any court judgments against the applicant would result in a denial of a license. The application requirements are substantially similar to Wisconsin’s requirements.

Michigan:

Landscape architects are directly licensed by the Bureau of Professional Licensing of the Department of Licensing and Regulatory Affairs. Under s. 339.202a, MCL, the department shall provide preliminary determinations concerning whether any court judgments against an applicant would result in a denial of a license.

Minnesota:

Landscape architects are licensed by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design. The Board does not have a process for preliminary determinations concerning whether any court judgments against the applicant would result in a denial of a license. If an applicant has a criminal history, the board must consider mitigating factors and evidence of rehabilitation.

Summary of factual data and analytical methodologies:

The Landscape Architect Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors closely reviewed A-E 9 to develop the proposed rule revisions.

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 document 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 [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on the proposed rules. Information concerning the date, time, and location of the public hearing will be published in the Wisconsin Administrative Register and posted on the Legislature’s website at https://docs.legis.wisconsin.gov/code/chr/hearings.

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TEXT OF RULE

Section 1. A-E 9.02 (2) is amended to read:

  A-E 9.02 (2) An applicant who files an application but who does not comply with a request for information related to the an application within one year from the date of the request shall file a new application and fee.

Section 2. A-E 9.025 is created to read:

  A-E 9.025 Definitions. For the purposes of this chapter, “allied professional” and “allied profession” means a licensed professional engineer or architect, and engineering or architecture, respectively.

Section 3. A-E 9.03 (1) (a) and (b) are amended to read:

  A-E 9.03 (1) (a) To qualify as satisfactory experience in landscape architecture for the purposes of s. 443.035, Stats., an applicant's experience shall include the application of accepted principles in the practice of landscape architecture and shall demonstrate an applicant's progressive development of competence to practice landscape architecture. The experience shall be acquired in the areas of the practice of landscape architecture listed in sub. (2) (a) to (g), or in other areas of the practice of landscape architecture which in the opinion of the board landscape architect section provide the applicant with a knowledge of principles and data related to the practice of landscape architecture at least equivalent to that which would be acquired by experience in the areas of practice listed. Experience in every listed area is not required.

  (b) To qualify as satisfactory experience in landscape architecture for the purposes of s. 443.035 (1) (a), Stats., an applicant's experience must shall be obtained subsequent to completion of the education requirements.

Section 4. A-E 9.04 is amended to read:

  A-E 9.04 (1) In satisfaction of the education requirement under s. 443.035 (1) (a), Stats., the board landscape architect section accepts bachelor's or master's degrees in landscape architecture granted by a college or university accredited by the landscape architecture accreditation board Landscape Architecture Accreditation Board of the American society Society of landscape architects Landscape Architects or a degree determined by the board landscape architect section to be equivalent thereto. If the degree is from an international educational institution, the applicant shall provide an official evaluation by a transcript evaluation service acceptable to the board landscape architect section which shows that the degree is equivalent to a bachelor's degree in landscape architecture or a master's degree in landscape architecture granted by a college or university accredited by the landscape architecture accreditation board Landscape Architecture Accreditation Board of the American society Society of landscape architects Landscape Architects.

  (2) In satisfaction of the education requirement under s. 443.035 (1) (b), Stats., the board landscape architect section accepts coursework in landscape architecture completed at a college or university accredited by the landscape architecture accreditation board Landscape Architecture Accreditation Board of the American society Society of landscape architects Landscape Architects, or other equivalent college level coursework in landscape architecture or in an area related to landscape architecture, completed at a college or university accredited by a regional accrediting agency approved by the state board of education in the state in which the college or university is located.

Section 5. A-E 9.05 (title) is repealed and recreated to read:

  A-E 9.05 (title) Examination requirement.

Section 6. A-E 9.05 (1) (a) and (c) are renumbered A-E 9.05 (1) and (2) and are amended to read:

  A-E 9.05 (1) Scope of written examinations. Landscape architect registration examination. An applicant for initial registration as a landscape architect shall pass an examination determined by the landscape architecture section to assess knowledges required for the professional practice of landscape architecture , in accordance with subsection (2), the Landscape Architect Registration Examination, LARE, prepared by the Council of Landscape Architectural Registration Boards, or an equivalent examination as determined by the landscape architect section.

  (2) Minimum competency. The passing scores for each section or in combination as appropriate shall be set by the board landscape architect section to represent the minimum competency required to protect public health and safety.

Section 7. A-E 9.05 (4) is repealed.

Section 8. A-E 9.05 (7) is amended to read:

  A-E 9.05 (7) Reexamination. An In accordance with s. 443.09 (5), Stats., an applicant failing any part of an examination may be reexamined on the part or parts failed, except that after failure of 3 reexaminations, the board landscape architect section shall require a one-year waiting period before further reexaminations reexamination on the part or parts failed.

Section 9. A-E 9.05 (8) is repealed.

Section 10. A-E 9.06 (1), (5), and (6) are amended to read:

  A-E 9.06 (1) Official transcripts of graduate and undergraduate training, properly attested to by the degree granting institution and submitted by the institution directly to the board landscape architect section.

  (5) For applicants an applicant previously licensed in another state, territory, or possession of the United States or in another country, verification of the applicant's licensure in the licensing jurisdiction of original licensure or, if the applicant has permitted his or her the registration in the jurisdiction of original licensure to lapse, verification of licensure in the licensing jurisdiction where the applicant is currently licensed and where the applicant was last engaged in the practice of landscape architecture.

  (6) For applicants an applicant who have has a pending criminal charge or have has been convicted of a crime, all related information necessary for the board landscape architect section to determine whether the circumstances of the pending criminal charge or criminal conviction are substantially related to the circumstances of the practice of landscape architecture, subject to ss. 111.321, 111.322, and 111.335, Stats.

Section 11. Effective date. The rules adopted 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.

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