Related statute or rule:
s. A-E 13
Plain language analysis:
The Section has reviewed the chapter and made revisions to:
Ensure applicants may use the National Council of Examiners for Engineering and Surveying (NCEES) uniform reporting standards as evidence for application requirements;
Clarify that candidates who pass the NCEES Structural Engineering examination are not required to take the Principles and Practice of Engineering exam (PE Exam);
Remove the requirement that applicants for initial licensure have a reference who is registered in Wisconsin; and
Reorganize the chapter for clarity, consistency, and to meet drafting standards. Section 1 creates definitions for the chapter for “ABET” and “NCEES.”
Sections 2, 3, and 4 amend s. A-E 4.02. Sections 2 and 3 clarify that a new application and fee may be required, to be more consistent with current department policies. Section 4 also creates a new subsection to cross-reference other chapters relating to professional engineers and continuing education. Section 5 creates s. A-E 4.025 to separately treat information about how to apply for an engineer-in-training certificate. Previously, this information was included in statutes and s. A-E 4.06. By consolidating the requirements into one section, the chapter will be easier for applicants to use. Additionally, the new s. A-E 4.025 clarifies that applicants may use the NCEES Record with verification as evidence of qualifications. Sections 6 and 12 move the listing of application requirements to the beginning of the chapter into s. A-E 4.026 to consolidate application requirements making the chapter easier to use. The created subsections (1) (e), (1) (f), (2) (d), and (2) (e) are moved from s. A-E 4.08. Section 12 renumbers s. A-E 4.05 and amends it to conform to drafting standards. Sections 7, 8, 9, 10, and 13 consolidate the experience requirements into s. A-E 4.03 by including s. A-E 4.04 and s. A-E 4.05 (3). Section A-E 4.03 is also amended to clarify that qualifying experience must be gained under the supervision of a registered professional engineer, consistent with NCEES model administrative rules. Section 13 renumbers s. A-E 4.05 (3) into s. A-E 4.03, to further consolidate provisions relating to experience requirements. Sections 15, 17, and 19 repeal s. A-E 4.07 (1), (4), and (7), respectively, because the examinations are provided by NCEES. Section 16 creates a new subsection to specify which examinations are required for licensure. The new subsection also clarifies that if an applicant takes the NCEES Structural Engineering examination, then the applicant is not required to take an NCEES Principles and Practice of Engineering examination.
Section 18 clarifies that the Professional Engineer Section sets the passing scores for minimum competency.
Sections 20, 21, 22, and 23 amend s. A-E 4.08 to repeal information moved to other sections of the chapter, and focus on applications for reciprocity. Additionally, the section clarifies that applicants may use the NCEES Record with verification as evidence of qualifications, and adds cross-references to relevant statutory provisions. Summary of, and comparison with, existing or proposed federal regulation: None.
Comparison with rules in adjacent states:
Illinois:
Illinois licenses Professional Engineers and Structural Engineers separately. Applicants for the Structural Engineer license must pass the NCEES Structural Engineer exam in order to qualify. The State Board of Professional Engineers and the Structural Engineering Board do accept NCEES records as evidence for examinations, education, and license verifications for applicants by endorsement. They do not accept an NCEES record for verification of employment or experience. An applicant must submit evidence of experience supervised by licensed Professional Engineers or Structural Engineers, as appropriate, but the supervisor is not required to be licensed in Illinois. The specific requirements of licensure are in sections 1380.210 through 1380.325, IL Admin. Code.
Iowa:
Iowa licenses Professional Engineers, with the license being granted for the specific branch of engineering, including Structural Engineering, related to the education, experience, and the NCEES Principles and Practice of Engineering examination the applicant passed. The Engineering and Land Surveying Examining Board requires applicants file a standardized, notarized application online with transcripts sent directly from the institution and references mailed in signed and sealed envelopes. An applicant must provide five references, three of whom are licensed professional engineers and at least one of whom supervised the applicant in gaining their qualifying experience. References are not required to be licensed in Iowa. The specific requirements of licensure are in sections 193C.3.1 through 193C.4.3, IA Admin. Code.
Michigan:
Effective April 4, 2017, Michigan no longer requires five references as part of the application. However, qualifying experience must still be verified by individuals. Applicants are also no longer required to apply to sit for NCEES exams through the Board of Professional Engineers.
Applicants must submit a transcript to verify educational background to the Board, and must take the NCEES Principles and Practice of Engineering exam. The specific requirements of licensure are in sections R 339.16001 through R 339.16034, MI Admin. Code.
Minnesota:
The Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design accepts NCEES records as evidence of qualifying examination scores, education, experience, and license verifications for applicants by comity.
Applicants are required to take the NCEES Principles and Practice of Engineering exam. While references are not required, qualifying experience must be verified by each of the applicant’s supervisors and submitted with the application. Supervisors are not required to be licensed in the state of Minnesota. The specific requirements of licensure are in sections 1800.2500 through 1800.2900, MN Admin. Rules.
Summary of factual data and analytical methodologies:
The Professional Engineer Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors closely reviewed A-E 4 and the National Council of Examiners for Engineering and Surveying (NCEES) model administrative rules to develop the proposed rule revisions.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed 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 Daniel.Hereth@wisconsin.gov or by calling (608) 267-2435. Agency contact person:
Helen Leong, Administrative Rules Coordinators, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53705-8366; telephone 608-266-0797; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Helen Leong, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53705-8366; telephone 608-266-0797, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before 1:00 pm on October 8, 2019 to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. A-E 4.015 is created to read:
