Subsection (2) of s.
A-E 13.08 defines “extreme hardship" as an inability to fulfill the continuing education requirements during a particular biennial period for one of the four (4) reasons set forth in lettered paragraphs (a) – (d). Paragraphs (a) – (c) describe specific hardship situations; paragraph (d) allows the professional engineer section to waive the requirements under any other extenuating circumstances it finds acceptable.
Subsection (3) of s.
A-E 13.08 prohibits the professional engineer section from waiving continuing education requirements for the same registrant for two consecutive biennia.
Subsection (4) of s.
A-E 13.08 allows the professional engineer section to waive the continuing education requirements for a renewal applicant who has maintained an active Wisconsin license for at least 30 years, provided that the applicant has retired from the profession and no longer receives compensation for his or her services.
Subsection (5) of s.
A-E 13.08 prohibits a renewal applicant who has received a waiver under subs. (4) from practicing professional engineering until he or she has met the late renewal requirements set forth in s.
A-E 13.10.
Comparison with existing or proposed federal regulations
There is no existing or proposed federal regulation.
Comparison with similar rules in adjacent states
Illinois:
Thirty hours of continuing education are required for professional engineers each biennial renewal. http://www.
ilga.gov/commission/jcar/admincode/068/0680113800003250R.html.
Iowa:
Michigan:
Minnesota:
Summary of factual data and analytical methodologies
The Professional Engineer Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors examined models of continuing education from the National Council for Examiners of Engineers and Surveyors, as well as from other Wisconsin regulatory boards.
In addition, the section received input from a steering committee organized by the Wisconsin Society of Professional Engineers which included representatives of 10 professional engineering societies or trade associations. The steering committee discussed the content and operation of the proposed draft for purposes of creating a continuing education program that will be beneficial to both the public and professional engineers.
The comparison information with the rules in adjacent states was obtained directly from contact with those states and a review of their rules. The comparisons to the adjacent states demonstrate that the proposed rules are substantially consistent with the rules in those states.
Analysis and supporting documents used to determine effect on small business
Data was obtained from the Department of Regulation and Licensing's Credentialing Division Renewal Unit, additional information was obtained from the steering committee organized by the Wisconsin Society of Professional Engineers and research was conducted regarding the availability of continuing education credits offered via online courses, trade associations sponsored seminars and other means, as well as the costs associated therewith. That data was compared with the requirements outlined in the proposed rules and based thereon, appears that these rules will have no significant impact on a substantial number of small businesses.
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.
Effect on Small Business
These proposed rules will be reviewed by the department's Small Business Review Advisory Committee to determine whether the rules will have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
john.murray@wisconsin.gov, or by calling (608) 266-2112.
Fiscal Estimate
The department estimates that this rule will require staff time in the Office of Exams, Division of Board Services and Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $12,400. The total on-going salary and fringe costs are estimated at $11,800.
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
Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2385; email at
kristine1.anderson@wisconsin.gov.
Notice of Hearing
Regulation and Licensing
Hearing and Speech Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Hearing and Speech Examining Board in sections
15.08 (5) (b),
227.11 (2),
459.095,
459.12 (1),
459.24 (5m), Stats., and interpreting section
459.095 and
459.24 (5m), Stats., the Hearing and Speech Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend section
HAS 8.03 (1), to repeal the Note following section
HAS 8.03 (1), amend section
HAS 8.03 (3) and
(6) and to amend section
HAS 8.04 (6), relating to continuing education.
Hearing Information
The hearing will be held on:
Date and Time Location
April 25, 2011 Room 121A
Monday 1400 East Washington Avenue
at 1:15 P.M. Madison, WI 53703
Appearances at the Hearing and Submittal 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 the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708, or by email to
sharon.henes@wisconsin.gov. Written comments must be received by 1:15 p.m. on
April 25, 2011 to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
sharon.henes@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The Hearing and Speech Examining Board has the authority under ss.
459.095,
459.12 (1) and
459.24 (5m), Stats., to promulgate rules relating to continuing education.
Related statute or rule
There are no other statutes or rules other than those listed.
Plain language analysis
Section 1 of the proposed rule amends to require at least 2 hours of ethics as part of the required 20 hours of continuing education.
Section 2 of the proposed rule repeals the note following HAS 8.03(1) which states that a list of approved programs may be obtained from the Board.
Section 3 of the proposed rule amends the statement certifying that he or she has completed the continuing education programs to include at least 2 of the hours in ethics. It creates an exemption so a licensee is not required to take or report continuing education prior to or at the time of the first renewal of the license.
Section 4 of the proposed rule amends to allow other acceptable continuing education activities including employer in-service training, other professional organizations' programs, college or university course work and courses offered by any provider authorized by the International Association for Continuing Education and Training. Prior approval is not required for activities related to professional development or practice completed during the renewal period.
Comparison with existing or proposed federal regulations
None.
Comparison with similar rules in adjacent states
Illinois:
Illinois includes ethics as an approved content area, but no hour requirement is imposed.
http://www.ilga.gov/
commission/jcrar/admincode/077/07703000sections.html.
Iowa:
Michigan:
Michigan has no requirements for continuing education.
Minnesota:
Summary of factual data and analytical methodologies
No study resulting in the collection of factual data, other than a review of surrounding states, was used relating to this rule. The primary methodology for revising the rule is based on the Board's collective experience and determination that a change is necessary.
Analysis and supporting documents used to determine effect on small business
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.
Effect on Small Business
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by email at
John.Murray@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 private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Sharon Henes, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at
sharon.henes@wisconsin.gov.
Notice of Hearing
Regulation and Licensing
Radiography Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Radiography Examining Board in sections 15.08 (5) (b), 227.11 (2), 462.06, Stats, and interpreting Chapter
262, Stats, the Radiography Examining Board will hold a public hearing at the time and place indicated below to consider an order to create Chapters
RAD 1,
RAD 2,
RAD 3,
RAD 4,
RAD 5 and
RAD 6 relating to standards for courses of study, examinations, continuing education, and a code of ethics for the newly created radiographer license and limited x-ray machine operator permit.
