Explanation of agency authority
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, under the authority of s.
443.06, Stats., may establish the requirements for registration as a land surveyor, including qualifying land surveying experience.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
The proposed revision to s.
A-E 6.03 (1) (a) 2. e. amends the current rule to correct an inadvertent scrivener's error in the citation for the state law which governs official plats or maps of land in this state. The proposed revision replaces the current citation of ss.
Trans 233.03 and
233.04 in s.
A-E 6.03 (1) (a) 2. e. with the correct citation for minimum standards for property surveys which is ch.
A-E 7.
The proposed revision to s.
A-E 6.03 (1) (b) 7. amends the current rule to correct an inadvertent scrivener's error in the citation for the state law governing condominium plats. The proposed revision replaces the current citation of ss.
Trans 233.03 and
233.04 with s.
7.03 (11), Stats.
Comparison with federal regulations
There are no existing or proposed federal regulations.
Comparison with rules in adjacent states
This section is non-applicable since the rule-making is correcting a scrivener's error.
Summary of factual data and analytical methodologies
This section is non-applicable since the rule-making is correcting a scrivener's error.
Small Business Impact
This citation correction of the proposed rule will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Anticipated costs incurred by the private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
This section is not applicable since the rule-making is correcting a scrivener's error.
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@drl.state.wi.us.
Submission of Written Comments
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before May 31, 2009, to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. A-E 6.03 (1) (a) 2. e. and (1) (b) 7. are amended to read:
A-E 6.03 (1) (a) 2.e. Official plats or maps of land in this state in accordance with
ss. Trans 233.03 and 233.04
ch. A-E 7.
(1) (b) 7. Condominium plats prepared in accordance with
s. 703.265, Stats., and ss. Trans 233.03 and 233.04
s. 7.03 (11), Stats.
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 create s.
A-E 8.08 (3) and
(4), relating to failure to respond to information requests in conjunction with an investigation of a complaint against a registrant.
Hearing Information
Date: May 27, 2009
Time: 1:15 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 discipline an architect, landscape architect, professional engineer, designer or land surveyor for violating the rules of professional conduct set forth in ch.
A-E 8.
Related statute or rule
There are no other statutes or rules other than those listed above.
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
