CR 20-009 Rule Text

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 20-009)

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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. (intro.) and e., 6.04 (2) (a) and (b), 6.05 (1), (7), and (8), and 6.06 (title), (2), and (4); to repeal and recreate A-E 6.02 (1); and to create A-E 6.03 (1) (a) 3. and (b) 8. and (3), 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.

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).

Iowa: Iowa employs a sliding scale of education and surveying experience such that where the length and content of the applicant’s college program increases, the required surveying experience to take the fundamentals of land surveying exam decreases. Acceptable education ranges from an associate’s program to an accredited surveying and mapping baccalaureate degree (IAC 193C.5.1 (6)). All applicants must have at least four years of surveying experience prior to taking the principles and practice of land surveying exam (Id.). Iowa rules does not specify that teaching experience in land surveying can be counted towards the experience requirement. Iowa also requires applicants to take a state specific exam to determine competency to practice specifically in Iowa (Id.). Applicants are also required to submit 5 letters of recommendation, 3 of which are from licensed professional land surveyors (IAC 193C.5.1(5)).

Iowa law allows licensees of another jurisdiction to apply for a “comity” license based on a showing that the requirements for licensure in their current jurisdiction are substantially equivalent for Iowa licensure. Iowa also requires applicants to pass the Iowa jurisdictional exam (IAC 193C.5.2).

Michigan: Michigan requires applicants to have a baccalaureate degree in land surveying, or a baccalaureate degree in another field if it meets the requirements under MI Admin Code R339.17201. Michigan statute also requires an applicant to have 8 years of professional experience, 5 of which may be years of education (Mich. Stats., Section 339.2004). Administrative rules do not specify that teaching experience may count towards the professional experience requirement. Individuals also are required to pass the fundamentals of land surveying examination as well as the principles and practice of land surveying examination (MI Admin Code R339.17201). Finally, Michigan may grant a reciprocal license to an individual licensed by another jurisdiction if the requirements for licensure in that jurisdiction are determined to be equivalent to Michigan’s requirements (Mich. Stats., Section 339.2013).

Minnesota: Minnesota requires applicants to graduate from a bachelor’s in land surveying program, or another bachelor’s degree that contains a minimum of 22 semester or 32 quarter credits in land surveying (Minn. Admin Rules 1800.3505). Applicants must pass the fundamentals of land surveying examination prior to obtaining qualifying land surveying experience, which does not include teaching experience in land surveying. The required hours and topics vary depending on whether the applicant has a bachelor’s from a land surveying program or another bachelor’s degree (Id.). Following receipt of the qualifying land surveying experience, applicants must pass the principles and practice of surveying exam (Id.). Minnesota allows for licensure by “comity” where an applicant submits documentation to the board, and the board finds the applicant to be eligible for licensure (Minn. Admin Rules 1800.0850).

Summary of factual data and analytical methodologies:

The professional land surveyor section performed a comprehensive review of its rules as required by 2017 Wisconsin Act 108, and determined that the changes encompassed by this document are necessary to remove an obsolete provision, to ensure the rules are not in conflict with state statute, and to bring the rules into line with current drafting standards and to improve readability.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rule was posted on the department’s website for 14 days to solicit comments on possible economic impact. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis are 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 [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, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before the public hearing scheduled for 1:00 PM on April 21, 2020 to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. A-E 6.02 (1) is repealed and recreated to read:

  A−E 6.02 Licensure requirements for professional land surveyors.

  (1) An applicant for a professional land surveyor license, in accordance with s. 443.06 (2), Stats., shall complete all of the following:

  (a) Meet at least one of the following education and experience requirements: