Minnesota:
Minnesota does not provide a retired or inactive licensure status for architects, engineers, professional land surveyors, or landscape architects, and does not issue permits or similar credentials for designers of engineering systems. However, the Minnesota Statutes allow an individual who retires to use the designation architect, professional engineer, land surveyor, or landscape architect, as long as the designation is preceded by the word "retired" and the individual was licensed in the designated profession in the state of Minnesota on the date the individual retired from the designated profession and the individual's license was not subsequently revoked by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design [2019 Minnesota Statutes, Section 326.02, Subd. 1.]. Summary of factual data and analytical methodologies:
The emergency rules were developed by reviewing the provisions of s. 443.015 (1m), Stats., as created by 2019 Wisconsin Act 94, and obtaining input and feedback from the Rules Committee of the A-E Board. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The fiscal estimate submitted with the bill associated with 2019 Wisconsin Act 94 was used in the department’s analysis. The emergency rules have no new or additional impact. Fiscal estimate:
Please see the fiscal estimate submitted with the bill associated with 2019 Wisconsin Act 94. The emergency rules have no new or additional impact. Effect on small business:
These emergency 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 Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. 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 608-261-4472; email at DSPSAdminRules@wisconsin.gov. 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, Wisconsin 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be submitted by the date and time at which the public hearing on these emergency rules is conducted. Information as to the place, date, and time of the public hearing will be published on the Legislature’s website and in the Wisconsin Administrative Register. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. A-E 2.045 is created to read:
A-E 2.045 Retired credential status.
(1) The holder of a credential under ch. 443, Stats., may apply to the appropriate section of the board to classify the credential as retired status. The section shall classify the credential as retired status if all of the following requirements are met: (a) The credential holder completes an application on a form provided by the board.
(b) The credential holder is at least 65 years of age or has actively maintained the credential for at least 20 years, which need not be consecutive.
(c) The credential holder certifies they have retired from and no longer engage in the practice for which the credential is held. The certification under this paragraph is not required to be notarized.
(2) Notwithstanding s. A-E 2.05, an individual who previously held a credential under ch. 443, Stats., and failed to renew the credential prior to the renewal date, may apply to the appropriate section of the board to renew the credential with retired status. A credential shall be renewed with retired status if all of the following requirements are met: (a) The individual completes an application on a form provided by the board.
(c) The individual is at least 65 years of age or had actively maintained the credential for at least 20 years, which need not be consecutive.
(d) The individual certifies they have retired from and no longer engage in the practice for which the credential was held. The certification under this paragraph is not required to be notarized.
(3) The holder of a credential classified as retired status under sub. (1) or (2) may apply to the appropriate section of the examining board to remove the retired status classification. The section shall remove the retired status classification if the applicant satisfies the reinstatement requirements under s. A-E 2.05 (2). (4) A credential classified as retired status under sub. (1) or (2) shall be renewed upon payment of the fee under s. 443.015 (1m) (d), Stats. Section 2. A-E 10.035 is created to read:
A-E 10.035 Exemption for retired credential status. The continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2). Section 3. A-E 11.035 is created to read:
A-E 11.035 Exemption for retired credential status. The continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2). Section 4. A-E 12.035 is created to read:
A-E 12.035 Exemption for retired credential status. The continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2). Section 5. A-E 12.08 (title), (3), and (5) to (8) are amended to read:
A−E 12.08 (title) Exemption Waiver of continuing education.
(3) A registrant seeking to renew a registration who demonstrates that compliance with the continuing education requirements shall create an extreme hardship may request an exemption from a waiver of the continuing education requirements.
(5) A registrant who requests an exemption from a waiver of the continuing education requirements for extreme hardship shall file a renewal application along with the required registration fee and submit an affidavit which describes the circumstances of the hardship and provide any supporting documentation. The request for an exemption a waiver shall be submitted prior to the renewal date.
(6) If the architect section finds from the affidavit or any other evidence submitted that extreme hardship has been shown for granting an exemption a waiver, the registrant shall be permitted to renew the registration without completing the continuing education requirements for the applicable renewal period.
(7) A registrant who receives an exemption from a waiver of continuing education on the basis of extreme hardship due to an incapacitating disability, medical illness, active military duty or other extenuating circumstances may be required to complete continuing education upon his or her return to the active practice of architecture as determined necessary by the architect section to ensure the ability of the registrant to practice architecture in a safe and competent manner.
(8) A registrant shall be deemed to be in good standing until a final decision on the request for exemption a waiver has been made.
Section 6. A-E 13.035 is created to read:
A-E 13.035 Exemption for retired credential status. The continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2). Section 7. A-E 13.08 (4) and (5) are repealed.
Section 8. Effective date. The rules adopted in this order shall take effect on December 1, 2020, pursuant to s. 227.22 (2) (c), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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Dated _________________ Agency __________________________________
Chair
Professional Engineer Section
Examining Board of Architects, Landscape
Architects, Professional Engineers,
Designers, and Professional Land Surveyors
