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ORDER
An order of the Examining Board of Professional Geologists, Hydrologists, and Soil Scientists to amend Chapter GHSS 3 (title), 3.01, 3.02 Note, and 3.06 (10) Note; and to create GHSS 1.046, 1.05 (2) (d), and 3.07 to 3.13 relating to Professional Development for Professional Hydrologists. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
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) (b), Stats., states that the examining board shall “[u]pon 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.” Section 470.03 (2), Stats., states that “[u]pon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter.” Related statute or rule:
Plain language analysis:
The proposed rule creates requirements for continuing education for professional hydrologists. General requirements are added in ch. GHSS 1, and specifics of new continuing education and renewal requirements are added in ch. GHSS 3. In each biennium, professional hydrologists will be required to complete 4 approved continuing education contact hours. The content of the courses must be substantially related to the practice of professional hydrology. A wide variety of courses and activities are allowed. The professional hydrologist section may grant exceptions to the continuing education requirements in the event of extreme hardship for a licensee. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Illinois does not require licensure or registration of professional hydrologists.
Iowa:
Iowa does not require licensure or registration of professional hydrologists.
Michigan:
Michigan does not require licensure or registration of professional hydrologists.
Minnesota:
Minnesota does not require licensure or registration of professional hydrologists.
Summary of factual data and analytical methodologies:
The proposed rule was developed by the GHSS Examining Board reviewing Wisconsin Administrative Code chapters GHSS 1 and 3 and making amendments and additions based on current professional hydrology practice.
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 30 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 are attached.
Effect on small business:
These proposed rules will 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 at Jennifer.Garrett@wisconsin.gov or (608) 266-2112. Agency contact person:
Jake Pelegrin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-267-0989; email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. GHSS 1.046 is created to read:
GHSS 1.046 Continuing education for professional hydrologists. Professional hydrologists shall comply with the continuing education requirements specified in ch. GHSS 3. Section 2. GHSS 1.05 (2) (d) is created to read:
GHSS 1.05 (2) (d) For late renewal or reinstatement of a professional hydrologist license, further requirements for continuing education are listed in s. GHSS 3.13. Section 3. Chapter GHSS 3 (title) is amended to read:
