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STATE OF WISCONSIN
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS
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IN THE MATTER OF RULEMAKING   :   PROPOSED 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 SURVEYORS
LAND SURVEYORS         :   ADOPTING RULES                 :   (CLEARINGHOUSE RULE )
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PROPOSED ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to amend A-E 6.03 (1) (intro.) and (a) 2., 6.04 (1) (a) and (2), 6.05 (1), (2) (b), (7) and (8), and 6.06 (title), (2) and (4); to repeal and recreate A-E 6.02 (1); and to create A-E 6.06 (1g) and (1r), and 6.07 relating to professional land surveyor licensure.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Section 443.06, Stats.
Statutory authority:
Sections 15.08 (5) (b) and 443.06 (1) (a) and (2), Stats.
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains.
Section 443.06 (1) (a), Stats., provides that applications “for a license to engage in the practice of professional land surveying shall be made to the professional land surveyor section of the examining board … which shall require the applicant to submit such information as the professional land surveyor section deems necessary.”
Section 443.06 (2) (am) to (cm) requires that applicants submit “evidence satisfactory to the professional land surveyor section” for education that is “approved by the professional land surveyor section” and experience that “has demonstrated practice of satisfactory character that indicates that the applicant is competent to engage in the practice of professional land surveying.”
Related statute or rule:
None.
Plain language analysis:
This rule project removes an option for meeting the educational requirement for licensure where an applicant does not have a college degree, as that provision has sunset under state statute. It also clarifies that responsible charge of teaching the practice of professional land surveying may be claimed as qualifying experience for licensure as allowed by state statute. The rule project also clarifies that there are three separate examinations required for licensure, and clarifies the documentation that must be submitted as part of an application for licensure.
It also adds a section specifying the application process for obtaining a reciprocal license, which requires applicants who are licensed in another jurisdiction to submit a reciprocity application form, fee, college transcripts, a statement as to whether the applicant has been disciplined or is under investigation in another state, and evidence of passage of the Wisconsin jurisdictional exam.
Finally, the rule project makes several revisions to the rule text to bring into conformity with current drafting standards and to improve readability.
Summary of, and comparison with, existing or proposed federal regulation:
The federal government does not regulate the licensure of professional land surveyors.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
N/A.
Comparison with rules in adjacent states:
Illinois: Illinois rules require that licensed professional land surveyors have attained a baccalaureate degree in land surveying or a related science (Ill. Admin Code 1270.5 (a)). Applicants for licensure must also complete the fundamentals of land surveying exam, the principals and practice of land surveying exam, as well as a state jurisdictional exam (Ill. Admin Code 1270.20). Illinois rules do not provide that teaching experience in land surveying be counted towards the experience requirement for licensure (Ill. Admin Code 1270.13).
Illinois allows licensees of another jurisdiction to apply for licensure by “endorsement.” The jurisdiction in which the applicant is licensed must have requirements that are substantially equivalent to the requirements for licensure in Illinois. The applicant must also pass the Illinois jurisdictional exam and may be required to appear before the board for an oral interview (Ill. Admin Code 1270.30).
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