In this proposed rule-making order, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors contains amendments which relate to use of registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.
The Board creates s. A-E 2.02 (8) to clarify what a registrant must do in situations where plans and specifications are to be submitted for state approval by a licensee who did not do the original design work. This rule would allow Wisconsin registrants to finish projects in which the original design person because of death or dismissal is unable to finish it.
The Board amends s. A-E 4.05 (1) (b), (2) (a) and (4) (b) to require that an applicant for professional engineer registration must complete their experience within 10 years preceding his or her application for registration and under s. A-E 4.05 (3) within 15 years preceding his or her application for registration. The Professional Engineers Section believes it is in the best interest of the health, safety and welfare of the citizenry of Wisconsin for an applicant's experience to be within 10 to 15 years immediately preceding their application, to assure that the applicant can apply the current professional engineering procedures.
The Board amends s. A-E 6.04 to identify the educational requirements for becoming a land surveyor, which becomes effective July 1, 2000. The requirement will increase the educational requirement from a two-year degree to a four-year college or university degree.
Text of Rule
SECTION 1. A-E 2.02 (8) is created to read:
A-E 2.02 (8) Plans, specifications and calculations for buildings and structures not exempt under s. 443.15, Stats., which have been prepared by an architect or professional engineer other than the Wisconsin registered architect or engineer who is submitting the plans, specifications and calculations for filing as public documents, may be submitted provided the following conditions are satisfied:
(a) The plans, specifications and calculations shall bear the signature and seal or stamp of the architect or professional engineer who prepared them or under whose supervision and control they were prepared.
(b) A certificate, dated, signed and sealed by the Wisconsin registered architect or engineer who is submitting the plans, specifications and calculations for filing as public documents, shall be attached to the plans, specifications and calculations. The certificate shall indicate that the plans, specifications and calculations were prepared by an architect or professional engineer other than the submitting registered architect or registered engineer; shall describe the work performed by the submitting registered architect or registered engineer; and shall include statements to the effect that the plans and specifications have been reviewed and comply with all applicable local and state building codes, and that the reviewing registered architect or registered engineer will be responsible for the supervision of construction in accordance with the requirements of the state, and of the county and municipality where the building or structure is to be erected.
SECTION 2. A-E 4.05 (1) (b), (2) (a), (3) (a) and (4) (b) are amended to read:
A-E 4.05 (1) (b) Not less than 4 years of experience within the 10 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to practice engineering. Experience gained in obtaining a master's degree in engineering and experience gained in obtaining a Ph.D. in engineering or in an engineering related program shall each be deemed equivalent to one year of qualifying experience.
(2) (a) A specific record of 8 or more years of experience
within the 10 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to be placed in responsible charge of the work, or a combination of engineering experience and equivalent education totaling 8 years.
(3) (a) A specific record of not less than 12 years experience within the 15 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to practice engineering, or a combination of experience and equivalent education totaling 12 years.
(4) (b) Not less than 8 years of experience in engineering work within the 10 years preceding application of a character satisfactory to the board indicating that the applicant is competent to practice engineering. Experience gained in obtaining a master's degree in engineering and experience gained in obtaining a Ph.D. in engineering or in an engineering related program shall each be deemed equivalent to one year of qualifying experience.
SECTION 3. A-E 6.04 (intro.) is renumbered A-E 6.04 (1) (intro.) and, as renumbered, amended to read:
A-E 6.04 Educational requirements for land surveyors. (1) To meet the educational requirements of s. 443.06 (2) (a)
and (bm), Stats., requiring “a course in land surveying of not less than 2 years duration approved by the section" an applicant for registration as a land surveyor shall have satisfactorily completed at least 60 semester credits in a civil engineering or land surveying curriculum including no less than 12 semester credits in land surveying granted by 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. Credits in land surveying
which shall be in the following categories of study:
SECTION 4. A-E 6.04 (1) and (2) are renumbered A-E 6.04 (1) (a) and (1) (b).
SECTION 5. A-E 6.04 (2) is created to read:
A-E 6.04 (2) To meet the educational requirements of s. 443.06 (2) (am), Stats., an applicant for registration as a land surveyor shall have:
(a) Received a bachelor's degree in a course of study in land surveying of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state board of education in the state where the college or university is located; or
(b) Received a bachelor's degree in civil engineering of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state board of education in the state where the college or university is located. The curriculum shall include no less than 12 credits in courses concentrating on the legal principles of land surveying and the technical aspects of land surveying. These courses shall include areas of study such as research of public and private records, principles of evidence and the interpretation of written documents used in boundary determination, the study of the legal elements of land surveying including those involving resurveys, boundary disputes, defective descriptions, riparian rights and adverse possession, the study of the professional and judicial functions of a land surveyor, the study of surveying methods for measuring distance and angular values, note keeping, computation and writing descriptions and the study of the Wisconsin statutes and local ordinances relating to the preparation of subdivision maps and plats.
SECTION 6. A-E 6.05 (1) and (3) (a) and (b) are amended to read:
A-E 6.05 (1) LAND SURVEYOR EXAMINATION REQUIRED. Applicants for registration as a land surveyor other than applicants under s. 443.06 (2) (c), Stats., shall take and pass an examination. The examination parts are the fundamentals of surveying examination and the principles and practice examination. The principles and practice examination is divided into 2 sections, a “national" and a “state" section which are scored separately.
(3) REQUIREMENTS FOR ENTRANCE TO EXAMINATIONS. (a) To Prior to July 1, 2000, to be eligible to take the “fundamentals of land surveying" examination, an applicant shall have complied with s. A-E 6.04 (1), or have at least 4 years of practice in land surveying, or a combination of work and training in a course in land surveying and practice in land surveying which totals at least 4 years.
(b) To Prior to July 1, 2000, to be eligible to take the “principles and practice of land surveying" examination, an applicant shall have complied with s. A-E 6.04 (1) and have at least 2 years of approved practice in land surveying, or have at least 5 years of approved practice in land surveying, or a combination of at least 5 years of approved work and training in a course in land surveying and practice in land surveying.
SECTION 7. A-E 6.05 (3) (c) (intro.), 1., 2., 3. and 4. and (d) (intro.), 1., 2., 3. and 4. are created to read:
A-E 6.05 (3) (c) After June 30, 2000, to be eligible to take the “fundamentals of land surveying" examination, an applicant shall have done one of the following:
1. Complied with s. A-E 6.04 (2).
2. Complied with s. A-E 6.04 (1).
3. Have at least 5 years of practice in land surveying, or a combination of work and training in a course in land surveying and practice in land surveying which totals at least 5 years.
4. Have completed an apprenticeship training course in land surveying prescribed by the department of industry labor and job development, and engaged in a period of additional land surveying of a satisfactory character that, when added to the period of apprenticeship, totals at least 6 years of land surveying practice.
(d) After June 30, 2000, to be eligible to take the “principles and practice of land surveying" examination, an applicant shall have done one of the following:
1. Complied with s. A-E 6.04 (2) and have at least one year of approved practice in land surveying.
2. Complied with s. A-E 6.04 (1) and have at least 3 years of approved practice in land surveying.
3. Have at least 9 years of approved practice in land surveying, or a combination of at least 9 years of approved work and training in a course in land surveying and practice in land surveying.
4. Have completed an apprenticeship training course in land surveying prescribed by the department of industry labor and job development, and engaged in a period of additional land surveying of a satisfactory character that, when added to the period of apprenticeship, totals at least 7 years of land surveying practice.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Hearing
Health & Family Services
(Management & Technology,
Executive & Strategic
Finance, Chs. HFS 1-)
Notice is hereby given that, pursuant to ss. 48.685 (1) (ag), (2) (d), (4), (5), (6) (b) and (c) and 50.065 (1) (ag), (d) and (f), (2) (d), (4), (5) and (6) (b) and (c), Stats., as repealed and recreated by 1999 Wis. Act 9, and ss. 227.11 (2) (a) and 227.24 (4), Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed repeal and recreation of ch. HFS 12, Wis. Adm. Code, relating to caregiver background checks, and emergency rules published on February 13, 2000 on the same subject.
Hearing Information
April 13, 2000 Room 751
Thursday State Office Building
from 1 p.m. to 4 p.m. 1 W. Wilson St.
MADISON WI
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Department of Health & Family Services
Since October 1, 1998, the Department has been implementing ss. 48.685 and 50.065, Stats., effective on that date, that require use of uniform procedures to check the backgrounds of persons who apply to the Department for regulatory approval, to a county social services or human services department that licenses foster homes for children and carries out adoption home studies, to a private child-placing agency that does the same or to a school board that contracts for day care programs, to provide care or treatment to persons who need that care or treatment, or who apply to a regulated entity to be hired or contracted with to provide services to the entity's clients or who propose to reside as a non-client at the entity. The statutes direct the regulatory agencies and regulated entities to bar persons, temporarily or permanently, depending on the conviction or finding, who have in their backgrounds a specified conviction or finding substantially related to the care of clients, from operating a service provider organization, providing care or treatment to persons who need that care or treatment or from otherwise having contact with the clients of a service provider.
To implement the new Caregiver Law, the Department on October 1, 1998, published administrative rules, ch. HFS 12, Wis. Adm. Code, by emergency order. The October 1998 emergency rules were modified in December 1998 and February 1999 by emergency order, and were replaced by permanent rules effective July 1, 1999. On September 12, 1999, the Department issued another emergency order again modifying ch. HFS 12, but only the Crimes List and not the text of the chapter. The number of specified crimes was reduced to 79, with 6 of them, all taken from ss. 48.685 and 50.065, Stats., being crimes that permanently barred persons for all programs. The change to the ch. HFS 12 Crimes List was made at that time because the 1999-2001 Budget Bill, subsequently passed by the Legislature as 1999 Wisconsin Act 9, was expected to provide for a more modest list of crimes than the one that was appended to ch. HFS 12 before September 12, 1999. The more modest crimes list published by an emergency rulemaking order on September 12, 1999 reflected the Legislature's intent that some persons who under the previous rules would lose their jobs effective October 1, 1999, were able to keep their jobs.
The 1999-2001 Biennial Budget Act, 1999 Wisconsin Act 9, made several changes to ss. 48.685 and 50.065, Stats., the Caregiver Law. These changes were effective on October 29, 1999. The Department's current rules, effective July 1, 1999, as amended on September 16, 1999, have been in large part made obsolete by those statutory changes. Consequently, the Department through this order is repealing and recreating ch. HFS 12 to bring its rules for operation of the Caregiver Law into conformity with the revised statutes. This was done by emergency order effective February 13, 2000 to remove public confusion resulting from continued reliance on administrative rules, that have been widely relied upon by the public for understanding the operation of the Caregiver Law, that are now in conflict with current statutes.
These proposed rules are the same as the emergency rules. Therefore, they minimize repetition of ss. 48.685 and 50.065, Stats., and are designed to supplement those statutes by providing guidance on:
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Sanctions associated with the acts committed under the Caregiver Law;
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Determining whether an offense is substantially related to client care;
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Reporting responsibilities; and
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The conduct of rehabilitation review.
Contact Person
To find out more about the hearing or to request a copy of the rules, write, phone or e-mail:
Larry Hartzke
Office of Legal Counsel
Department of Health and Family Services
P. O. Box 7850
Madison, WI 53707-7850
(608) 267-2943 or,
if you are hearing impaired,
(608) 266-3683 (TDD)
