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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   :   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 19-151)
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ORDER
An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal A-E 3.05 (6) to (9) and amend A-E 3.04 (1) and 3.05 (1) (intro.) and (4), relating to architect registration examinations.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Section 443.09 (4), Stats.
Statutory authority: Sections 15.08 (5) (b) and 443.02 (3), Stats.
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…”
Section 443.02 (3), Stats., provides that “[n]o person may offer to practice architecture, landscape architecture, or professional engineering or use in connection with the person’s name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is an architect, landscape architect, or professional engineer or advertise to furnish architectural, landscape architectural, or professional engineering services unless the person has been duly registered or has in effect a permit under s. 443.10 (1) (d).”
Related statute or rule: Section 443.09 (4), Stats.
Plain language analysis:
Section A-E 3.05 (1) (intro.) is revised to reflect that the Architect Section has adopted the Architect Registration Examination administered by the National Council of Architectural Registration Boards.
Section A-E 3.05 (4) is revised to clarify that the authority to set the passing scores for the examination required for registration as an architect rests with the Architect Section.
Section A-E 3.05 (6), (7), and (9) are repealed. As the Architect Section does not administer the examination required for registration as an architect, these provisions are obsolete.
Section A-E 3.05 (8) is repealed, as it was invalidated by the repeal of s. 443.09 (6), Stats., in 2009 Wisconsin Act 350.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Rules of the Illinois Department of Financial and Professional Regulation address the examination for licensure to practice architecture in Illinois (68 Ill. Adm. Code 1150.40). The Department has adopted the Architect Registration Examination administered by the National Council of Architectural Registration Boards.
Iowa:
Rules of the Iowa Architectural Examining Board address the examination for licensure to practice architecture in Iowa (193B IAC 2.3 and 2.4). The Board has adopted the Architect Registration Examination administered by the National Council of Architectural Registration Boards.
Michigan:
Rules of the Michigan Board of Architects address the examination for licensure to practice architecture in Michigan (Mich Admin Code, R 339.15204). The Board has adopted the Architect Registration Examination administered by the National Council of Architectural Registration Boards.
Minnesota:
Rules of the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design address the examination for licensure to practice architecture in Minnesota (Minnesota Rules, part 1800.1200). The Board has adopted the Architect Registration Examination administered by the National Council of Architectural Registration Boards.
Summary of factual data and analytical methodologies:
The A-E Board conducted a thorough review of the A-E administrative rules in preparation of their first biennial report in response to 2017 Act 108 and s. 227.29, Stats. As a result of this review, the Board identified several places in ch. A-E 3 where the rules relating to examination requirements reference obsolete requirements or repealed provisions. The Architect Section also reviewed the chapter to ensure consistency with current practices relating to examinations required for registration.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the rules may affect businesses, local government units, and individuals. No comments were received.
Effect on small business:
These 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 Coordinators, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53705-8366; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov.
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TEXT OF RULE
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