CR 21-019 Rule Text

STATE OF WISCONSIN

EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   EXAMINING BOARD OF

EXAMINING BOARD OF ARCHITECTS,   :   ARCHITECTS, LANDSCAPE

LANDSCAPE ARCHITECTS,     :   ARCHITECTS, PROFESSIONAL

PROFESSIONAL ENGINEERS,     :   ENGINEERS, DESIGNERS, AND

DESIGNERS, AND PROFESSIONAL   :   PROFESSIONAL LAND SURVEYORS

LAND SURVEYORS         :   ADOPTING RULES                 :   (CLEARINGHOUSE RULE 21-019)

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ORDER

An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to amend A-E 8.04 (5), relating to professional conduct.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 443.015 (2), Stats.

Statutory authority:

Sections 15.08 (5) (b) and 443.015 (2), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides an examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…”

Section 443.015 (2), Stats., provides that “[e]ach section of the examining board may promulgate rules governing the professional conduct of individuals, firms, partnerships, and corporations registered, permitted, certified, or granted a certificate of authorization by that section.”

Related statute or rule:

Section 443.11, Stats., gives the appropriate section of the Board the authority to, under specified circumstances, reprimand a credential holder or limit, suspend, or revoke a credential. One of the circumstances under which this authority may be exercised is any violation of the rules of professional conduct adopted and promulgated under s. 443.015 (2), Stats.

Plain language analysis:

The Board completed a comprehensive review of ch. A-E 8 to ensure that the rules are current with standards of practice and consistent with ch. 443, Stats. As a result, s. A-E 8.04 (5) has been revised to clarify that the common practice of representing a partnership or association in principal between parties within a proposal for the performance of services is not prohibited.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois:

Rules of the Illinois Department of Financial and Professional Regulation provide standards of professional conduct for architects [68 Ill. Adm. Code 1150.90], engineers [68 Ill. Adm. Code 1380.300], and professional land surveyors [68 Ill. Adm. Code 1270.57]. The rules require an architect to accurately represent to a prospective or existing client or employer the architect's qualifications and the scope of the architect's responsibility in connection with work for which the architect is claiming credit. The rules also provide that engineers and professional land surveyors soliciting employment may not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments with the intent or purpose of enhancing their qualifications or work.

Illinois does not issue permits or similar credentials for designers of engineering systems or landscape architects.

Iowa:

Rules of professional conduct for architects, engineers, professional land surveyors, and landscape architects are specified by the Iowa Architectural Examining Board [193B IAC 4.1], Iowa Engineering and Land Surveying Examining Board [193C IAC 8.1 to 8.5], and Iowa Landscape Architectural Examining Board [193D IAC 4.1 to 4.5]. The rules require an architect or landscape architect to accurately represent to a prospective or existing client or employer the scope of their responsibility in connection with work for which the architect is claiming credit. The rules also provide that presentations incident to the solicitation of employment as an engineer or professional land surveyor may not misrepresent pertinent facts concerning employers, employees, associates, firms, joint ventures, or past accomplishments.

Iowa does not issue permits or similar credentials for designers of engineering systems.

Michigan:

Rules of the Michigan Department of Licensing and Regulatory Affairs provide standards of professional conduct for architects [Mich Admin Code, R 339.15401], professional engineers [Mich Admin Code, R 339.16031 to R 339.16034], professional land surveyors [Mich Admin Code, R 339.17401 to R 339.17403], and landscape architects [Mich Admin Code, R 339.19041]. The rules for professional engineers, professional land surveyors, and landscape architects do not specifically address misrepresenting the extent to which the performance of services will involve a partnership or association with another registrant or licensee or misrepresenting the identity of a registrant or licensee with whom a partnership or association will be engaged in for the performance of services. The rules for architects adopt by reference the National Council of Architectural Registration Boards (NCARB) model rules of conduct revised July 2018. The model rules prohibit an architect from misrepresenting or overstating the scope of the architect’s responsibility in connection with work for which the architect or the architect’s firm is claiming credit.

Michigan does not issue permits or similar credentials for designers of engineering systems.

Minnesota:

The Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design provides rules of professional conduct for architects, engineers, land surveyors, and landscape architects [Minnesota Rules, parts 1805.0100 to 1805.1600]. The rules provide that, in connection with work for which the licensee or certificate holder is claiming credit, the licensee or certificate holder must accurately represent the licensee's or certificate holder's qualifications, education, and scope of responsibility for the work. The licensee or certificate holder must also accurately represent the qualifications, education, and scope of responsibility of any employer, employees, or associates.

Minnesota does not issue permits or similar credentials for designers of engineering systems.

Summary of factual data and analytical methodologies:

The proposed rules were developed by conducting a comprehensive review of the provisions of ch. A-E 8 and obtaining input and feedback from the Rules Committee of the A-E Board.

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 14 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.

Effect on small business:

These proposed 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:

Dana Denny, 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].

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TEXT OF RULE

Section 1. A-E 8.04 (5) is amended to read:

  A-E 8.04 (5) May not represent that he or she is engaged in misrepresent the extent to which the performance of services will involve a partnership or association with another unless there exists in fact registrant or licensee or misrepresent the identity of a registrant or licensee with whom a partnership or association will be engaged in for the performance of services.

Section 2. 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.