CR 24-079 Rule Text

STATE OF WISCONSIN

EXAMINING BOARD OF PROFESSIONAL GEOLOGISTS, HYDROLOGISTS AND SOIL SCIENTISTS

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   EXAMINING BOARD OF

EXAMINING BOARD OF PROFESSIONAL   :   PROFESSIONAL GEOLOGISTS,

GEOLOGISTS, HYDROLOGISTS AND     :   HYDROLOGISTS AND SOIL

SOIL SCIENTISTS           :   SCIENTISTS

            :   (CLEARINGHOUSE RULE 24-079)

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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:

Sections 470.03 (2) and 470.07, Stats.

Statutory authority:

Sections 15.08 (5) (b), 227.11 (2) (a), 470.03 (1) (b), and 470.03 (2), Stats.

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:

_Hlk153707786 Rule in progress GHSS 1 and 2, relating to Professional Development for Professional Geologists (Clearinghouse Rule 24-078).

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: