Plain language analysis
SECTION 1. The proposed revisions to s.
A-E 8.08 amend the current rules to create discipline for the failure to respond to requests for information from the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, the sections of the board, or the Department of Regulation and Licensing. In addition, the amended rule requires the registrant to notify the department of disciplinary action in other states where the registrant holds a credential and other violations of law which are substantially related to the practice of the registrant and not otherwise reportable under s.
RL 4.09 (2). The purpose of the rule amendment is to encourage the submission of requested information by the registrants to ensure the ability of the regulatory authority to investigate complaints of unprofessional conduct and to determine if discipline by another jurisdiction or other violations of law are substantially related to the practice of the registrant.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states
Iowa:
There are no rules for architects, engineers, land surveyors and landscape architects to provide information in response to written requests.
Illinois:
225 ILCS 305/22(14) Architects – Discipline may arise for “failure to provide information in response to a written request made by the Department within 30 days after the receipt of such written request." 225 ILCS 315/18.1(7) Landscape architects – “Failing to provide information within 60 days in response to a written request made by the Department." 225 ILCS 325/24(a-1)(8) Professional engineers – “Failing to provide information in response to a written request made by the Department within 30 days after receipt of such written request." 225 ILCS 330/27(8) Land surveyor – Failing to provide information in response to a written request made by the Department within 30 days after receipt of such written request."
Michigan:
Architects – none. Rule 339.19049 (7) Landscape architects – “A registrant shall not act to conceal violations of the law…" Engineers – none. Land Surveyors – none.
Minnesota:
Rule 1805.1600 “A licensee who has knowledge or reasonable grounds for believing that another member of the profession has violated any statute or rule regulating the practice of the profession shall have the duty of presenting such information to the board. A licensee, when questioned concerning any alleged violation on the part of another person by any member or authorized representative of the board commissioned or delegated to conduct an official inquiry, shall neither fail nor refuse to divulge such information as the licensee may have relative thereto." (Relates to architects, engineers, land surveyors, and landscape architects.)
Summary of factual data and analytical methodologies
Research of the rules and policies of surrounding states and correspondence with colleagues in other states pertaining to the issue was performed. Additionally, the matter was addressed with the department's Division of Enforcement staff, along with a review of other professions regulated by this department that have failure to respond provisions in their rules. By all accounts, having failure to respond provisions in the rules is important to encourage the submission of requested information by the registrants to ensure the ability of the regulatory authority to investigate complaints of unprofessional conduct and to determine if discipline by another jurisdiction or other violations of law are substantially related to the practice of the registrant. Moreover, it will help to reduce the difficulty and potential backlog that the Division of Enforcement is faced with in cases such as this.
Analysis and supporting documents used to determine effect on small business
This rule change will not affect or impact adversely small businesses. No written analysis or formal research was involved in reaching this conclusion.
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.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@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
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@wisconsin.gov.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b) and
227.11 (2), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal s.
A-E 8.03 (5) (a) to
(e); to renumber and amend s.
A-E 8.03 (5) (intro.); and to create s.
A-E 8.03 (5) (a) and
(b), relating to the definition of supervision, direct supervision, responsible charge, and direction and control.
Hearing Information
Date: May 27, 2009
Time: 1:30 P.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearances at the Hearing and Submission 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 Pamela Haack, Department of Regulation and Licensing, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 5, 2009, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, or the applicable section of the board, under the authority of ss.
443.06 to
443.13, Stats., may establish the registration and practice requirements for architects, landscape architects, professional engineers, designers and land surveyors and impose discipline against a registrant for violating the rules of professional conduct set forth in chapter A-E 8.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making order clarifies the meaning of the terms “supervision," “direct supervision," “responsible charge," and “direction and control" as related to the practice of architecture, landscape architecture, professional engineering, designing and land surveying. The current rules of professional conduct define the terms in the negative, specifying what duties are not included in the definition. The proposed amendments define the terms in the positive sense, specifying the duties of a registrant exercising “supervision," “direct supervision," “responsible charge," and “direction and control."
SECTION 1 renumbers the introduction and removes the words “The terms do not include any of the following:"
Comparison with federal regulations
There is no existing or proposed federal regulation defining the terms.
Comparison with rules in adjacent states
Iowa:
The term “in responsible charge" as used in this chapter means direct control of and personal supervision over any land surveying work or work involving the practice of engineering. A licensee shall not place the licensee's signature or seal on any engineering document or land surveying document unless the licensee was in responsible charge of the work, except that the licensee may do so if the licensee contributed to the work and the licensee in responsible charge has signed and certified the work. Iowa § 542B.2(4)
Illinois:
“Direct supervision or responsible charge" means work prepared under the control of a licensed professional engineer or that work as to which that professional engineer has detailed professional knowledge. 225 ILCS 325
Michigan:
The term “responsible charge" is defined as the person who determines technical questions of design and policy; advises the client; supervises and is in responsible charge of the work of subordinates; is the person whose professional skill and judgment are embodied in the plans, designs, plats, surveys, and advise involved in the services; and who supervises the review of material and completed phases of construction, but is referenced in the requirements for sealing documents for projects involving overlapping architecture and engineering professions; a licensee shall not seal a plan, drawing, map, plat, report, specification, or other document not prepared by the licensee as the person in responsible charge. §
339.2001 (d), Michigan Admin. Code.
Minnesota:
A person in responsible charge of architectural, engineering, land surveying, or landscape architectural work means the person who determines design policy, including technical questions, advises with the client, superintends subordinates during the course of the work and, in general, the person whose professional skill and judgment are embodied in the plans, designs, and advice involved in the work. A person in direct supervision of work means that person who is the employer, an employee of the same firm, or who is under contract to or from another firm and who is in responsible charge of technical, architectural, engineering, land surveying, or landscape architectural work in progress, whose professional skill and judgment are embodied in the plans, specifications, reports, plats, or other documents required to be certified pursuant to that subdivision. MN Rule § 1805.1600
Summary of factual data and analytical methodologies
There have been changes in the profession that require updating of this rule. This rule change will provide additional clarification of “responsible charge" and similar terms used in s.
A-E 8.03 (5) as it relates to the practice of architecture, landscape architecture, professional engineering, designing or land surveying.
Analysis and supporting documents used to determine effect on small business
This rule change will not affect or impact adversely small businesses or the private sector. No written analysis or formal research was involved in reaching this conclusion.
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.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@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 the private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@wisconsin.gov.
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.
15.08 (5) (b),
227.11 (2) and
443.015, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create ch.
A-E 10, relating to continuing education for land surveyors.
Hearing Information
Date: May 27, 2009
Time: 1:45 P.M.
Location: 1400 East Washington Avenue
