Statement of Scope
EXAMINING BOARD OF PROFESSIONAL GEOLOGISTS,
HYDROLOGISTS AND SOIL SCIENTISTS
Relating to: | Licensure and Examinations of Professional Geologists, Hydrologists and Soil Scientists |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
The objective of the proposed rule is to bring the GHSS administrative code into compliance with 2013 Act 114, which prohibits credentialing boards from requiring a person to complete postsecondary education before the person is eligible to take an examination for a credential. 3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
2013 Act 114 prohibits credentialing boards from requiring a person to complete postsecondary education before the person is eligible to take an examination for a credential. The proposed rule will revise the GHSS administrative code to bring it into compliance with the Act. The proposed rule will update and clarify the examination requirements including the removal of outdated and obsolete provisions.
If this rule is not pursued, the GHSS administrative code will remain out of compliance with the new legislation and may continue to have obsolete or confusing provisions relating to exams.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 15.08 (5) (b), Stats., provides that each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” Section 227.11 (2) (a), Stats., provides that “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 470.03 (1) (a) to (c), Stats.: “(1) The examining board shall do all of the following: (a) Upon the advice of the professional geologist section, promulgate rules establishing requirements and standards for the practice of professional geology by a person who is licensed as a professional geologist under this chapter, including a code of ethics that governs the practice of professional geology.
(b) Upon the advice of the professional hydrologist section, promulgate rules establishing requirements and standards for the practice of professional hydrology by a person who is licensed as a professional hydrologist under this chapter, including a code of ethics that governs the practice of professional hydrology.
(c) Upon the advice of the professional soil scientist section, promulgate rules establishing requirements and standards for the practice of professional soil science by a person who is licensed as a professional soil scientist under this chapter, including a code of ethics that governs the practice of professional soil science.”
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
80 hours
6. List with description of all entities that may be affected by the proposed rule:
Professional geologists, professional hydrologists, professional soil scientists, and those looking to enter those professions in Wisconsin.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule is likely to have minimal or no economic impact on small businesses and the state’s economy as a whole.
Contact Person: Jake Pelegrin, Administrative Rules Coordinator, (608) 267-0989.
