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 19-152)
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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 9.05 (4) and (8); to renumber and amend A-E 9.05 (1) (a) and (c); to amend A-E 9.02 (2), 9.03 (1) (a) and (b), 9.04, 9.05 (7), and 9.06 (1), (5), and (6); to repeal and recreate A-E 9.05 (title); and to create A-E 9.025, relating to landscape architect registration.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
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 227.11 (2) (a), Stats., provides that, “each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” 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.
Section A-E 9.05 (4) and (8) are repealed. As the Landscape Architect Section does not administer the examination required for registration as a landscape architect, these provisions are obsolete.
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 rule revisions.
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.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
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 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, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. 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. ------------------------------------------------------------------------------------------------------------
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. In this chapter:
(1)
“Allied profession” means engineering or architecture.(2)
“Allied professional” means a licensed professional engineer or architect.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.
