Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@wisconsin.gov.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b) and
227.11 (2), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal s.
A-E 8.03 (5) (a) to
(e); to renumber and amend s.
A-E 8.03 (5) (intro.); and to create s.
A-E 8.03 (5) (a) and
(b), relating to the definition of supervision, direct supervision, responsible charge, and direction and control.
Hearing Information
Date: May 27, 2009
Time: 1:30 P.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Department of Regulation and Licensing, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 5, 2009, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, or the applicable section of the board, under the authority of ss.
443.06 to
443.13, Stats., may establish the registration and practice requirements for architects, landscape architects, professional engineers, designers and land surveyors and impose discipline against a registrant for violating the rules of professional conduct set forth in chapter A-E 8.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making order clarifies the meaning of the terms “supervision," “direct supervision," “responsible charge," and “direction and control" as related to the practice of architecture, landscape architecture, professional engineering, designing and land surveying. The current rules of professional conduct define the terms in the negative, specifying what duties are not included in the definition. The proposed amendments define the terms in the positive sense, specifying the duties of a registrant exercising “supervision," “direct supervision," “responsible charge," and “direction and control."
SECTION 1 renumbers the introduction and removes the words “The terms do not include any of the following:"
Comparison with federal regulations
There is no existing or proposed federal regulation defining the terms.
Comparison with rules in adjacent states
Iowa:
The term “in responsible charge" as used in this chapter means direct control of and personal supervision over any land surveying work or work involving the practice of engineering. A licensee shall not place the licensee's signature or seal on any engineering document or land surveying document unless the licensee was in responsible charge of the work, except that the licensee may do so if the licensee contributed to the work and the licensee in responsible charge has signed and certified the work. Iowa § 542B.2(4)
Illinois:
“Direct supervision or responsible charge" means work prepared under the control of a licensed professional engineer or that work as to which that professional engineer has detailed professional knowledge. 225 ILCS 325
Michigan:
The term “responsible charge" is defined as the person who determines technical questions of design and policy; advises the client; supervises and is in responsible charge of the work of subordinates; is the person whose professional skill and judgment are embodied in the plans, designs, plats, surveys, and advise involved in the services; and who supervises the review of material and completed phases of construction, but is referenced in the requirements for sealing documents for projects involving overlapping architecture and engineering professions; a licensee shall not seal a plan, drawing, map, plat, report, specification, or other document not prepared by the licensee as the person in responsible charge. §
339.2001 (d), Michigan Admin. Code.
Minnesota:
A person in responsible charge of architectural, engineering, land surveying, or landscape architectural work means the person who determines design policy, including technical questions, advises with the client, superintends subordinates during the course of the work and, in general, the person whose professional skill and judgment are embodied in the plans, designs, and advice involved in the work. A person in direct supervision of work means that person who is the employer, an employee of the same firm, or who is under contract to or from another firm and who is in responsible charge of technical, architectural, engineering, land surveying, or landscape architectural work in progress, whose professional skill and judgment are embodied in the plans, specifications, reports, plats, or other documents required to be certified pursuant to that subdivision. MN Rule § 1805.1600
Summary of factual data and analytical methodologies
There have been changes in the profession that require updating of this rule. This rule change will provide additional clarification of “responsible charge" and similar terms used in s.
A-E 8.03 (5) as it relates to the practice of architecture, landscape architecture, professional engineering, designing or land surveying.
Analysis and supporting documents used to determine effect on small business
This rule change will not affect or impact adversely small businesses or the private sector. No written analysis or formal research was involved in reaching this conclusion.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov, or by calling 608-266-8608.
Fiscal Estimate
The department estimates that the proposed rule will have no significant fiscal impact.
Anticipated costs incurred by the private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@wisconsin.gov.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b),
227.11 (2) and
443.015, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create ch.
A-E 10, relating to continuing education for land surveyors.
Hearing Information
Date: May 27, 2009
Time: 1:45 P.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Department of Regulation and Licensing, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 5, 2009, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors may approve and adopt rules proposed by any section of the board.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making order creates continuing education requirements for renewal of a credential for land surveyors within the jurisdiction of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors as permitted in s.
443.015, Stats., by recently enacted
2007 Wisconsin Act 47.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states
Iowa:
Continuing education requirements are 30 hours for each biennial renewal.
Illinois:
Continuing education requirements are 20 hours for each biennial renewal.
