(c) May not agree to perform professional services for a client or employer if the registrant or licensee has a significant financial or other interest which would impair or interfere with the registrant's registrant or licensee’s responsibility to faithfully discharge professional services on behalf of the client or employer.
(2) Nothing in these rules limits a registrant's registrant or a licensee’s professional responsibility to an owner of a project when the registrant or licensee is employed by a person or firm under contract to construct and furnish design services for that project.
Section 22. A-E 8.06 (intro.), (2), and (3) are amended to read:
A-E 8.06 Professional obligations. An architect, landscape architect, professional engineer, designer or professional land surveyor:
(2) May not evade the professional or contractual responsibility which the registrant or licensee has to a client or employer.
(3) May not enter into an agreement which provides that a person not legally and actually qualified to perform professional services has control over the registrant's registrant or licensee’s judgment as related to public health, safety or welfare.
Section 23. A-E 8.07 (intro.), (1), and (2) are amended to read:
A-E 8.07 Unauthorized practice. An architect, landscape architect, professional engineer, designer, or professional land surveyor:
(1) Shall assist in enforcing laws which prohibit the unlicensed practice of architecture, landscape architecture, professional engineering, designing, and professional land surveying by reporting violations to the board.
(2) May not delegate professional responsibility to unlicensed persons and may not otherwise aid or abet the unlicensed practice of architecture, landscape architecture, professional engineering, designing, or professional land surveying.
Section 24. A-E 8.07 (2) (Note) is repealed.
Section 25. A-E 8.08 (intro.), (3), and (4) are amended to read:
A-E 8.08 Maintenance of professional standards. An architect, landscape architect, professional engineer, designer or professional land surveyor:
(3) Shall respond in a timely manner to a request by the board, a section of the board or the department for information in conjunction with an investigation of a complaint filed against a registrant or licensee. There is a rebuttable presumption that a registrant or licensee who takes longer than 30 days to respond to a request for information has not acted in a timely manner.
(4) Shall notify the department in writing if the registrant or licensee has been disciplined for unprofessional conduct in other states where the registrant or licensee holds a credential or has violated federal or state laws, local ordinances or administrative rules, not otherwise reportable under s. SPS 4.09 (2), which are related to the practice of an architect, landscape architect, professional engineer, designer or professional land surveyor. The notification shall be submitted within 48 hours of the disciplinary finding or violation of law and shall include copies of the findings, judgments and orders so that the department may determine whether the circumstances are substantially related to the practice of the registrant or licensee. Section 26. A-E 8.09 (intro.), (1), and (2) are amended to read:
A-E 8.09 Adherence to statutes and rules. An architect, landscape architect, professional engineer, designer or professional land surveyor:
(1) Shall comply with the requirements in ch. 443, Stats., rules in this chapter and all other federal, state and local codes which relate to the practice of architecture, landscape architecture, professional engineering, designing and professional land surveying. (2) May not engage in conduct that may adversely affect his or her fitness to practice architecture, landscape architecture, professional engineering, designing or professional land surveying.
Section 27. A-E 8.10 (2) and (3) are amended to read:
A-E 8.10 (2) No professional land surveyor may sign, seal or stamp any maps, plats, charts, or reports for professional land surveying practice which are not prepared by the professional land surveyor or under his or her personal direction and control.
(3) No architect, landscape architect, professional engineer, designer or professional land surveyor shall allow work performed by him or her or under his or her personal direction and control to be signed, sealed or stamped by another except that an architect, landscape architect, professional engineer, designer or professional land surveyor working under the personal direction and control of another registrant or licensee may allow that registrant or licensee to sign and seal or stamp the work.
Section 28. A-E 8.11 (intro.), and (1) to (4) are amended to read:
A-E 8.11 Suspension of registration; effect. Any registrant or licensee whose registration or license has been suspended is prohibited during the term of the suspension from engaging in any of the following:
(1) Offering to perform any service which requires registration or licensure.
(2) Performing any professional service which requires registration or licensure.
(3) Signing or sealing plans, specifications, reports, maps, plats, or charts prepared for the practice of architecture, landscape architecture, professional engineering, designing or professional land surveying.
(4) Entering into contracts the performance of which require registration or licensure.
Section 29. Chapter A-E 10 (title) is amended to read:
CONTINUING EDUCATION FOR
PROFESSIONAL LAND SURVEYORS
Section 30. A-E 10.01 is amended to read:
A-E 10.01 Authority and purpose. The rules in this chapter are adopted under the authority in ss. 15.08 (5) (b), 227.11 (2) and 443.015, Stats., and govern biennial continuing education of professional land surveyor registrants surveyors. Section 31. A-E 10.02 (2) to (4) are amended to read:
A-E 10.02 (2) "Continuing education" means the planned, professional development activities designed to contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the registrant licensee in the practice of professional land surveying and for improvement of the safety and welfare of the public.
(3) "Professional development activities" means organized educational programs on topics related to the practice or theory of professional land surveying and which foster the enhancement of general or specialized knowledge, practice and values of professional land surveying.
(4) "Professional development hour" or "PDH", unless specified otherwise, means 50 minutes of instruction or participation spent by the registrant licensee in actual attendance or completion of an approved educational activity.
Section 32. A-E 10.03 (1) (a), (b) (intro.) and 3., (2) (b) to (d) and (g), and (4) are amended to read:
A-E 10.03 (1) (a) Beginning in the February 2012 biennial registration period, unless granted a waiver under s. A-E 10.07, every registrant licensee shall complete at least 20 hours of approved professional development hours or equivalent continuing education hours, pertinent to the practice of professional land surveying, except that between initial registration licensure and the first renewal period, a new registrant licensee shall not be required to comply with the continuing education requirements for the first renewal of registration licensure. (b) During each biennial registration period, the registrant licensee shall complete a minimum of 2 professional development hours of the total number required in each of the following categories:
(b) 3. Programs, courses or activities in the area of professional land surveying or related sciences.
(2) (b) Successful completion of a college or university course in the area of professional land surveying, related sciences or surveying ethics. One semester credit hour of course work is equivalent to 20 professional development hours and one quarter credit hour of course work is equivalent to 13.5 professional development hours.
(c) Successful completion of professional land surveying courses or programs offering professional development hours on professional land surveying topics.
(d) Active participation and successful completion of professional land surveying programs, seminars, tutorials, workshops, short courses or in-house courses.
(g) Authoring professional land surveying related papers or articles that appear in circulated journals or trade magazines. Credit is earned in the biennium of publication. A maximum of 5 professional development hours per renewal will be awarded for this activity.
