CR 20-064 Rule Text

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These 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 [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on the proposed rules. Information concerning the date, time, and location of the public hearing will be posted on the Legislature’s website and published in the Wisconsin Administrative Register.

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TEXT OF RULE

Section 1. A-E 2.045 is created to read:

  A-E 2.045  Retired credential status.

  (1)  The holder of a credential under ch. 443, Stats., may apply to the appropriate section of the board to classify the credential as retired status. The section shall classify the credential as retired status if all of the following requirements are met:

  (a) The credential holder completes an application on a form provided by the board.

  (b) The credential holder meets one of the following requirements:

  1. The credential holder is at least 65 years of age.

  2. The credential holder has actively maintained the credential issued by the section for at least 20 years, which need not be consecutive.

  (c) The credential holder certifies he or she has retired from and no longer engages in any activity in this state that requires a credential issued by the section. The certification under this paragraph is not required to be notarized.

  (2)  Notwithstanding s. A-E 2.05, an individual who previously held a credential under ch. 443, Stats., and failed to renew the credential prior to the renewal date, may apply to the appropriate section of the board to renew the credential with retired status. A credential shall be renewed with retired status if all of the following requirements are met:

  (a) The individual completes an application on a form provided by the board.

  (b) The individual pays the fee under s. 443.015 (1m) (d), Stats.

  (c) The individual meets one of the following requirements:

  1. The individual is at least 65 years of age.

  2. The individual had actively maintained the credential issued by the section for at least 20 years, which need not be consecutive.

  (d)  The individual certifies he or she has retired from and no longer engages in any activity in this state that requires a credential issued by the section. The certification under this paragraph is not required to be notarized.

  (3)  The holder of a credential classified as retired status under sub. (1) or (2) may apply to the appropriate section of the examining board to remove the retired status classification. The section shall remove the retired status classification if the applicant satisfies the reinstatement requirements under s. A-E 2.05 (2).

  (4)  A credential classified as retired status under sub. (1) or (2) shall be renewed upon payment of the fee under s. 443.015 (1m) (d), Stats.

Section 2. A-E 10.03 (1) (a) is amended to read:

  A-E 10.03 (1) (a) Beginning in the February 2012 During each biennial registration period, unless granted a waiver under s. A−E 10.07, every 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 licensure and the first renewal period, a new licensee shall not be required to comply with the continuing education requirements for the first renewal of licensure.

Section 3. A-E 10.035 is created to read:

  A-E 10.035  Exemption for retired credential status. Notwithstanding s. A-E 10.03 (1), the continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2).

Section 4. A-E 11.03 (1) (a) is amended to read:

  A-E 11.03 (1) (a) Prior to the August 2012 biennial registration period and in During each biennial registration period thereafter, unless granted a waiver under s. A−E 11.07, every registrant shall complete at least 24 hours of approved continuing education except that between initial registration and the first renewal period a new registrant is not required to comply with the requirements for the first renewal of registration.

Section 5. A-E 11.035 is created to read:

  A-E 11.035  Exemption for retired credential status. Notwithstanding s. A-E 11.03 (1), the continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2).

Section 6. A-E 12.03 (1) is amended to read:

  A-E 12.03 (1) Prior to the August 2012 biennial registration period and the 2 year period preceding During each biennial registration period, unless granted an exemption a waiver under s. A−E 12.08, every registrant shall complete at least 24 contact hours of continuing education, of which 16 contact hours shall be in HSW topics pertinent to the practice of architecture.

Section 7. A-E 12.035 is created to read:

  A-E 12.035  Exemption for retired credential status. Notwithstanding s. A-E 12.03 (1), the continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2).

Section 8. A-E 12.08 (title), (3), and (5) to (8) are amended to read:

  A−E 12.08 (title) Exemption Waiver of continuing education.

  (3) A registrant seeking to renew a registration who demonstrates that compliance with the continuing education requirements shall create an extreme hardship may request an exemption from a waiver of the continuing education requirements.

 

  (5) A registrant who requests an exemption from a waiver of the continuing education requirements for extreme hardship shall file a renewal application along with the required registration fee and submit an affidavit which describes the circumstances of the hardship and provide any supporting documentation. The request for an exemption a waiver shall be submitted prior to the renewal date.

  (6) If the architect section finds from the affidavit or any other evidence submitted that extreme hardship has been shown for granting an exemption a waiver, the registrant shall be permitted to renew the registration without completing the continuing education requirements for the applicable renewal period.

  (7) A registrant who receives an exemption from a waiver of continuing education on the basis of extreme hardship due to an incapacitating disability, medical illness, active military duty or other extenuating circumstances may be required to complete continuing education upon his or her return to the active practice of architecture as determined necessary by the architect section to ensure the ability of the registrant to practice architecture in a safe and competent manner.

  (8) A registrant shall be deemed to be in good standing until a final decision on the request for exemption a waiver has been made.

Section 9. A-E 13.02 (2) and (3) are repealed.

Section 10. A-E 13.035 is created to read:

  A-E 13.035  Exemption for retired credential status. Notwithstanding s. A-E 13.03 (1), the continuing education requirements under this chapter do not apply to the renewal of a credential classified as retired status under s. A-E 2.045 (1) or (2).

Section 11. A-E 13.08 (4) and (5) are repealed.

Section 12. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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(END OF TEXT OF RULE)

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Dated _________________     Agency __________________________________

            Chair  

            Examining Board of Architects, Landscape

            Architects, Professional Engineers,

            Designers, and Professional Land Surveyors