examining board of architects, landscape … · a-e joint board meeting meeting minutes october 5,...
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Wisconsin Department of Safety and Professional Services Division of Policy Development 1400 E. Washington Ave PO Box 8366 Madison WI 53708-8366
Phone: 608-266-2112 Web: http://dsps.wi.gov
Email: [email protected]
Scott Walker, Governor Laura Gutiérrez, Secretary
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS AND PROFESSIONAL LAND
SURVEYORS Room 121A, 1400 E. Washington Avenue, Madison
Contact: Brittany Lewin 608-266-2112 April 26, 2017
The following agenda describes the issues that the Board plans to consider at the meeting. At the time of the meeting, items may be removed from the agenda. Please consult the meeting minutes for
a description of the actions of the Board.
AGENDA
9:00 AM
OPEN SESSION – CALL TO ORDER – ROLL CALL
A. Adoption of Agenda (1-2)
B. Approval of Minutes of October 5, 2016 (3-4)
C. Administrative Matters (5-6) 1. Staff Updates 2. Board Member Introductions 3. Election of Officers 4. Liaison Appointments and Delegated Authorities
D. Section Reports 1. Architect Section 2. Designer Section 3. Landscape Architect Section 4. Professional Engineer Section 5. Professional Land Surveyor Section
E. Legislative/Administrative Rule Matters – Discussion and Consideration (7-24) 1. Scope Statement for A-E 3 Relating to Architect Registration 2. Proposed Rules for A-E 13 Relating to Continuing Education for Professional Engineers 3. Update from Legislative Liaison Regarding Retired License Status 4. Update on Pending Legislation and Pending and Possible Rulemaking Projects
F. Items Added After Preparation of Agenda: 1. Introductions, Announcements and Recognition 2. Administrative Updates 3. Education and Examination Matters
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4. Credentialing Matters 5. Practice Matters 6. Legislative/Administrative Rule Matters 7. Liaison Reports 8. Informational Items 9. Disciplinary Matters 10. Speaking Engagement(s), Travel, or Public Relation Request(s)
G. Public Comments
H. Board Training Review – Public Records and Ethics and Lobbying – Discussion and Consideration (25-30)
ADJOURNMENT
NEXT MEETING DATE OCTOBER 4, 2017
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A-E Joint Board Meeting Meeting Minutes October 5, 2016
Page 1 of 2
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS AND
PROFESSIONAL LAND SURVEYORS MEETING MINUTES
October 5, 2016
PRESENT: Andrew Albright, Bruce Bowden, Kristine Cotharn, Michael Eberle, Daniel Fedderly (arrived at 9:15 a.m. via GoToMeeting,) James Gersich, Michael Heberling, Steven Hook, Matthew Janiak, Ruth G. Johnson, Mark Mayer, Rosheen Styczinski, Steven Tweed, Steven Wagner (via GoToMeeting)
EXCUSED: Kenneth Arneson, Joseph Eberle, Tim Garland, Thomas Gasperetti, Ralf Kelm, Michael Kinney
STAFF: Brittany Lewin - Executive Director, Nifty Lynn Dio, Bureau Assistant and other department staff.
CALL TO ORDER
Rosheen Styczinski, Board Chair, called the meeting to order at 9:10 a.m. A quorum of thirteen (13) members was confirmed.
ADOPTION OF AGENDA
MOTION: Matthew Janiak moved, seconded by Steven Tweed, to adopt the agenda as published. Motion carried unanimously.
APPROVAL OF MINUTES Amendments to the Minutes:
• Correct spelling of Gersich on last page of meeting minutes
MOTION: Steven Hook moved, seconded by Michael Eberle, to approve the minutes of April 26, 2016 as amended. Motion carried unanimously.
Daniel Fedderly joined at 9:15 a.m. via GoToMeeting
ADMINISTRATIVE MATTERS
MOTION: Matthew Janiak moved, seconded by Andrew Albright, to thank Michael Eberle and Steven Tweed for their service on the Board and to the State of Wisconsin. Motion carried unanimously.
LEGISLATIVE AND ADMINISTRATIVE RULE MATTERS Legislative Liaison Regarding Retired Licenses
MOTION: Matthew Janiak moved, seconded by Steven Tweed, to appoint Jim Gersich as the legislative liaison regarding retired licenses. Motion carried unanimously.
ADJOURNMENT
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A-E Joint Board Meeting Meeting Minutes October 5, 2016
Page 2 of 2
MOTION: Steven Tweed moved, seconded by Michael Eberle, to adjourn the meeting. Motion carried unanimously.
The meeting adjourned at 10:18 a.m.
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State of Wisconsin Department of Safety & Professional Services
Revised 2/2015
AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request: Nifty Lynn Dio, Bureau Assistant
2) Date When Request Submitted: 12/05/2016
Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting
3) Name of Board, Committee, Council, Sections: Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Professional Land Surveyors
4) Meeting Date: April 26, 2016
5) Attachments:
Yes
No
6) How should the item be titled on the agenda page? Administrative Updates
1. Election of Officers 2. Liaison Appointments and Delegated Authorities
7) Place Item in:
Open Session
Closed Session
8) Is an appearance before the Board being scheduled?
Yes (Fill out Board Appearance Request)
No
9) Name of Case Advisor(s), if required: N/A
10) Describe the issue and action that should be addressed:
2016 ELECTION RESULTS
Board Chair Rosheen Styczinski
Vice Chair Joseph Eberle
Secretary Michael Eberle
2016 LIAISON APPOINTMENTS
A-E Joint Board Rules
Committee
Mark Mayer, Rosheen Styczinski,
Michael Eberle, Steven Tweed,
Matthew Janiak, Steven Hook,
Ruth G. Johnson, Tom Gasperetti
11) Authorization
Nifty Lynn Dio 12/05/2016
Signature of person making this request Date
Supervisor (if required) Date
Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date
Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.
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ELECTION OF OFFICERS
BOARD CHAIR
NOMINATION: Steven Hook nominated Rosheen Styczinski for the Office of Board Chair.
Brittany Lewin called for nominations three (3) times.
Rosheen Styczinski was elected as Chair by unanimous consent.
VICE CHAIR
NOMINATION: Steven Hook nominated Joseph Eberle for the Office of Vice Chair.
Brittany Lewin called for nominations three (3) times.
Joseph Eberle was elected as Vice Chair by unanimous consent.
SECRETARY
NOMINATION: James Gersich nominated Michael Eberle for the Office of Secretary.
Brittany Lewin called for nominations three (3) times.
Michael Eberle was elected as Secretary by unanimous consent.
2016 ELECTION RESULTS
Board Chair Rosheen Styczinski
Vice Chair Joseph Eberle
Secretary Michael Eberle
A-E JOINT BOARD COMMITTEE MEMBER APPOINTMENTS
A-E Joint Board Rules
Committee
Mark Mayer, Rosheen Styczinski,
Michael Eberle, Steven Tweed,
Matthew Janiak, Steven Hook,
Ruth G. Johnson, Tom Gasperetti
MOTION: Matthew Janiak moved, seconded by James Gersich, to affirm the Chair’s
appointment of liaisons for 2016. Motion carried unanimously.
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State of Wisconsin Department of Safety & Professional Services
Revised 8/13
AGENDA REQUEST FORM
1) Name and Title of Person Submitting the Request: Dale Kleven Administrative Rules Coordinator
2) Date When Request Submitted: 4/14/17 Items will be considered late if submitted after 12:00 p.m. on the deadline date:
8 business days before the meeting 3) Name of Board, Committee, Council, Sections: Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Professional Land Surveyors 4) Meeting Date: 4/26/17
5) Attachments: Yes No
6) How should the item be titled on the agenda page? Legislation and Rule Matters – Discussion and Consideration 1. Scope Statement for A-E 3 Relating to Architect Registration 2. Proposed Rules for A-E 13 Relating to Continuing Education for Professional
Engineers 3. Update on Pending and Possible Rulemaking Projects
7) Place Item in: Open Session Closed Session Both
8) Is an appearance before the Board being scheduled? Yes (Fill out Board Appearance Request) No
9) Name of Case Advisor(s), if required:
10) Describe the issue and action that should be addressed:
11) Authorization Dale Kleven April 14, 2016 Signature of person making this request Date Supervisor (if required) Date Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, Provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.
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Rev. 3/6/2012
STATEMENT OF SCOPE
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land
Surveyors Rule No.: A-E 3 Relating to: Architect Registration Rule Type: Permanent 1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
The objectives of the proposed rule are to 1) reflect the Intern Development Program sponsored by the National Council of Architectural Registration Boards has been renamed the Architectural Experience Program and 2) review and possibly update the term “architectural intern” as it applies to an individual acquiring supervised experience in architectural work leading to registration as an architect.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Current rules require an applicant for registration as an architect to complete the Intern Development Program sponsored by the National Council of Architectural Registration Boards (NCARB) or acquire substantially equivalent experience. Chapter A-E 3 will be updated to reflect the Intern Development Program has been renamed the Architectural Experience Program. Current rules allow an individual acquiring supervised experience in architectural work leading to registration as an architect to use the title “architectural intern.” The Board will review and possibly update the term “architectural intern” in ch. A-E 3 to reflect current terminology used in the architectural industry.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language): Section 15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…” Section 443.02 (3), Stats., provides that “[n]o person may offer to practice architecture, landscape architecture, or professional engineering or use in connection with the person’s name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is an architect, landscape architect, or professional engineer or advertise to furnish architectural, landscape architectural, or professional engineering services unless the person has been duly registered or has in effect a permit under s. 443.10 (1) (d).”
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
80 hours
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6. List with description of all entities that may be affected by the proposed rule:
Registered architects and individuals acquiring supervised experience in architectural work leading to registration as an architect
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole.
Contact Person: Dale Kleven, (608) 261-4472, [email protected] Approved for publication: Approved for implementation: Authorized Signature Authorized Signature Date Submitted Date Submitted
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Chapter A-E 13 CONTINUING EDUCATION FOR PROFESSIONAL ENGINEERS
A-E 13.01 Authority and purpose. The rules in this chapter are adopted under the authority in ss. 15.08 (5) (b), 227.11 (2), and 443.015, Stats., and govern biennial continuing education for professional engineer registrants.
A-E 13.02 Definitions. As used in this chapter: (1) "Biennium" means a 2-year period beginning August 1 of each even-numbered year. (2) "College semester hour" means receiving credit for completing a regularly offered course in a school or
college of engineering accredited by the EAC/ABET that has testing with a passing grade required and has provisions for additional out-of-class study requirements. Credit for college approved courses will be based upon course credit established by the college. One "college semester hour" equals 45 PDHs. Monitoring or auditing courses that do not require regular testing with a passing grade will only count the actual class contact hours.
(3) "College quarter hour" means receiving credit for completing a regularly offered course in a school or college of engineering accredited by the EAC/ABET that has testing with a passing grade required and has provisions for additional out-of-class study requirements. Credit for college approved courses will be based upon course credit established by the college. One "college quarter hour" equals 30 PDHs. Monitoring or auditing courses that do not require regular testing with a passing grade will only count the actual class contact hours.
(4) "Continuing education" means the planned, professional development activities designed to contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the registrant in the practice of professional engineering. Regular duties are not considered qualifying activities.
(5) "Continuing education unit" or "CEU" means a unit of credit customarily used for continuing education courses. One "continuing education unit" equals 10 PDHs.
(6) "Course" or "activity" means any qualifying "course" or "activity" with a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the registrant's practice of professional engineering.
(7) "EAC/ABET" means the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology.
(8) "Professional development hour" or "PDH" means a period of 50 minutes of actual instruction or participation spent by the registrant in actual attendance or completion of an approved educational activity. "PDHs" should be rounded down to the nearest half hour and reported in increments of half hour with no activity of under a half hour being acceptable as qualifying for "PDH" credit. "PDHs" shall not exceed the actual contact clock hours of actual attendance.
A-E 13.03 Continuing education requirements. (1) (a) Beginning in the biennial registration period commencing August 1, 2012 and ending July 31, 2014, unless
granted a waiver under s. A-E 13.08, every registrant shall complete at least 30 hours of approved PDHs or equivalent continuing education units, pertinent to the practice of professional engineering, except that between initial registration and the first renewal period, a new registrant shall not be required to comply with the continuing education requirements for the first renewal of registration.
(b) During each biennial registration period, the registrant shall complete a minimum of 2 PDHs in the area of professional conduct and ethics.
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(c) During each biennial registration period, credit for a minimum of 13 PDHs shall be obtained via courses where the registrant interacts in real time in a traditional classroom setting, computer conferencing, or interactive video conference where participants are present in the same room or logged in at the same time and can communicate directly with each other and ask questions of the instructor.
(d) If a registrant obtains more than 30 PDHs in a biennium, a maximum of 15 of the excess PDHs may be used toward the continuing education requirement in the next biennium. Excess credits cannot be used to satisfy the requirements of par. (b) or (c).
(2) Continuing education may be obtained through any of the following means: (a) Completing courses taken at a school or college of engineering accredited by the EAC/ABET. (b) Completing short courses or tutorials and distance education courses offered through correspondence,
DVDs, or the internet. (c) Presenting or attending qualifying seminars, in-house courses, workshops, or professional or technical
presentations made at meetings, conventions, or conferences. (d) Teaching or instructing in pars. (a) to (c). PDHs may only be counted for the initial offering or presentation
of a course or program. Full-time faculty may not claim PDHs for teaching done as part of their regular duties. For teaching in pars. (a) to (d), multiply the PDHs earned by a factor of 2.
(e) Authoring published papers, articles, or books in the registrant's area of professional practice that has been published in book form or in circulated journals or trade magazines. Five PDHs will be granted in the biennium in which each publication occurred. For peer reviewed papers, articles, or books in the registrant's area of professional practice, 10 PDHs will be granted in the biennium in which each publication occurred.
(f) Actively participating in professional and technical societies. A maximum of 2 PDHs will be awarded for active participation as an officer or committee member in any one society in any one year. A maximum of 4 PDHs may be obtained under this paragraph in any biennium. PDHs are not earned until the end of each year of service is completed.
(g) Attainment of a patent relevant to the registrant's area of professional practice. Ten PDHs will be awarded for each patent.
(3) Except as provided in s. A-E 13.08, a professional engineer who fails to meet the continuing education requirements by the renewal date, as specified in s. 440.08 (2) (a) 35., Stats., may not engage in the practice of professional engineering until the registration is renewed in accordance with ss. A-E 2.05 and 13.10 based upon compliance with the continuing education requirements under this chapter.
A-E 13.04 Examples of qualifying activities. The following are examples of qualifying activities: (1) Completing or attending courses, seminars, instruction, in-house programs, or training of engineering
content related to the registrant's practice of professional engineering. (2) Attending technical or professional society meetings when an engineering topic is presented as a principal
part of the program. (3) Teaching a course for the first time or teaching a course previously taught if substantial time was spent in
updating material. (4) Attending webinar courses where attendance is verified and program material meets the requirements. (5) Completing correspondence courses on an engineering topic where lessons are prepared and returned for
correction, grading, or both, and where testing at the end of the course is required.
A-E 13.05 Standards for approval. (1) To be approved for PDHs, a continuing education program shall meet all of the following criteria: (a) The program includes instruction in an organized method of learning contributing directly to the
professional competency of the registrant and pertaining to subject matters which integrally relate to the practice of the profession.
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(b) The program is conducted by individuals who have specialized education, training, or experience and are considered qualified concerning the subject matter of the program.
(c) The program fulfills pre-established goals and objectives. (d) The program provides attendance verification records in the form of completion certificates or other
documents supporting evidence of attendance. (1m) The professional engineer section may approve providers for continuing education programs,
including the following:
(a) A school of engineering approved by the educational approval board.
(b) Colleges, universities, and other degree granting institutions approved by an accrediting agency published by the United States Department of Education.
(c) National Council of Examiners for Engineering and Surveying or its affiliates.
(d) National Society of Professional Engineers or its affiliates.
(e) National Council of Structural Engineers Association or its affiliates.
(f) American Council of Engineering Companies or its affiliates.
(g) American Society of Civil Engineers or its affiliates.
(h) American Society of Mechanical Engineers or its affiliates.
(i) American Society of Plumbing Engineers or its affiliates.
(j) American Society of Heating, Refrigerating, and Air-Conditioning Engineers or its affiliates.
(k) Occupational Safety and Health Administration Training Institute Education Centers.
(L) Federal Highway Administration.
(m) Federal Emergency Management Agency.
(n) National Highway Institute.
(o) Homeland Security Systems Engineering and Development Institute.
(p) National Fire Protection Association.
(q) Institute of Electrical and Electronics Engineers.
(r) Other providers as approved by the professional engineer section or its designee. (2) The professional engineer section has final authority with respect to acceptance of activities, courses,
credit, PDH value for courses, and other methods of earning PDHs, except the following are examples of accepted providers for continuing education programs:.
(a) Colleges, universities, or other EAC/ABET approved educational institutions approved by the professional engineer section.
(b) Continuing education courses meeting all the requirements of the International Association for Continuing Education and Training.
(c) Technical or professional societies or organizations as approved by the professional engineer section or its designee.
(d) Other providers as approved by the professional engineer section or its designee.
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A-E 13.06 Certificate of completion; proof of attendance. (1) Each registrant shall certify on the renewal application full compliance with the continuing education
requirements set forth in this chapter. (1m) The professional engineer section may require additional evidence demonstrating compliance with the
continuing education requirements under this chapter, including a certificate of attendance or documentation of completion or credit for the courses completed.
(2) The professional engineer section may conduct a random audit of its registrants on a biennial basis for compliance with these requirements. It is the responsibility of each registrant to retain or otherwise produce evidence of compliance.
(3) If a request for evidence of compliance is requested by the professional engineer section or its designee, the registrant shall submit the requested information or documentation within 30 days of receiving the written notice. Failure to do so will result in denial of registrant's application for renewal.
A-E 13.07 Recordkeeping. (1) A registrant shall maintain records of their continuing education units and PDHs earned for a minimum of
the 3 most recent biennia on a form approved by the professional engineer section. (2) Records required include but are not limited to attendance verification records in the form of completion
certificates or other documents supporting evidence of attendance. (3) If a continuing education course was awarded CEUs, the CEUs shall be converted by the applicant or
registrant to PDHs for recordkeeping purposes. A-E 13.08 Waiver of continuing education. (1) A renewal applicant who is unable to fully comply with the continuing education requirements due to
extreme hardship may submit a written request for a waiver. The professional engineer section or its designee will review the request, and in its sole discretion, may grant a full or partial waiver, or extension of time to comply with the requirements.
(2) In this section, "extreme hardship" means an inability to fulfill the continuing education requirements during the applicable renewal period because of one of the following:
(a) Full-time service in the uniformed services of the United States for a period of at least one year during the biennium.
(b) An incapacitating illness documented by a statement from a licensed physician. (c) A physical inability to travel to the sites of approved programs documented by a licensed physician. (d) Any other extenuating circumstances acceptable to the professional engineer section. (3) A renewal applicant may not receive a waiver under sub. (2) (b) or (c) for 2 consecutive biennia. (4) A renewal applicant who has maintained an active Wisconsin license for a minimum of 30 consecutive
years may, at the discretion of the professional engineer section or its designee, receive a waiver upon request and certification that the applicant has retired from the profession and is no longer providing engineering services.
(5) A renewal applicant who receives a waiver under sub. (4) may not engage in the practice of professional engineering until he or she meets the requirements of s. A-E 13.10 the registration is renewed based upon compliance with the continuing education requirements under this chapter.
(6) A renewal applicant, who prior to the expiration date of the license submits a request for a waiver, pays the renewal fee and provides a statement setting forth the facts concerning noncompliance and the basis of the request, shall be deemed to be in good standing until the final decision on the application is issued by the professional engineer section. If a finding of extreme hardship is not determined, an applicant may not
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engage in the practice of professional engineering until he or she meets the requirements of s. A-E 13.10 the registration is renewed based upon compliance with the continuing education requirements under this chapter.
A-E 13.09 Comity. An The professional engineer section may require an applicant for registration from
another state who applies for registration to practice professional engineering under s. A-E 4.08 (2), shall to submit proof of completion of 30 PDHs of qualifying continuing education that complies with the requirements of ch. A-E 13 this chapter within the 2 year period prior to their application. However, an applicant by comity who has received his or her first license as a professional engineer within the last two years shall be exempt from meeting the 30 PDHs specified in s. A-E 13.03 (1) as required for continuing education requirements and shall not be required to comply with the continuing education requirements for their first renewal of registration.
A-E 13.10 Late renewal. A renewal applicant who has failed to renew his or her credential by the
established renewal date shall obtain all required PDHs and submit a record with information as specified under s. A-E 13.07 prior to the registrant's registration being renewed. If the total delinquent PDHs exceed 60 for all renewal periods since their last renewal, then 60 shall be the maximum required for late renewal. An applicant who has failed to be registered for a period greater than 5 years shall be subject to the provisions of s. A-E 2.05 (2).
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STATE OF WISCONSIN EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL
LAND SURVEYORS ------------------------------------------------------------------------------------------------------------ IN THE MATTER OF RULE-MAKING : PROPOSED 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 LAND SURVEYORS : SURVEYORS ADOPTING : RULES : (CLEARINGHOUSE RULE ) ------------------------------------------------------------------------------------------------------------
ORDER
A proposed order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal A-E 13.05 (2) (a) to (d) and 13.10; to renumber and amend A-E 13.05 (2) (intro.); to amend A-E 13.03 (3), 13.08 (5) and (6), and 13.09; and to create A-E 13.05 (1m) and 13.06 (1m), relating to continuing education. Analysis prepared by the Department of Safety and Professional Services. ------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted: s. 443.015 (1), Stats. Statutory authority: ss. 15.08 (5) (b), 227.11 (2) (a), and 443.015 (1), Stats. Explanation of agency authority: Section 15.08 (5) (b), Stats., provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…” Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 443.015 (1), Stats., provides that each section of the examining board “may establish continuing education requirements for renewal of a credential issued by that section under this chapter.”
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Related statute or rule: Chapter A-E 10 provides continuing education requirements for professional land surveyors. Chapter A-E 11 provides continuing education requirements for landscape architects. Chapter A-E 12 provides continuing education requirements for architects. Plain language analysis: The proposed rules specify approved providers of continuing education, which will result in more transparent and consistent approval of continuing education. This change also will provide professional engineers greater assurance that the time and money spent on obtaining continuing education will satisfy the requirements set in administrative code. Current rules require late renewal applicants to submit a record with information providing proof of compliance with the continuing education requirements. The proposed rules require late renewal applicants to follow the same procedures as those applicants who renew prior to the established renewal date. The change would require late renewal applicants to 1) certify on the application full compliance with the continuing education requirements and 2) maintain records of completed continuing education. Summary of, and comparison with, existing or proposed federal regulation: None. Comparison with rules in adjacent states: Illinois:
Professional development hour (PDH) requirements for professional engineers are set forth in 68 Ill. Adm. Code 1380.325. The following are identified as acceptable providers for structured educational activities:
• National Council of Examiners for Engineering and Surveying (NCEES)
• National Society of Professional Engineers (NSPE)
• Illinois Society of Professional Engineers (ISPE)
• American Council of Engineering Companies of Illinois (ACEC-IL)
• Technical or professional societies or organizations relating to professional engineering, including the American Society of Civil Engineers (ASCE)
• Colleges, universities, or other educational institutions
• Other technical or professional societies or organizations, including manufacturers Upon satisfactory evidence of compliance with PDH requirements, a nonrenewed license is restored upon payment of the required fee.
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Iowa:
Professional development hour (PDH) requirements for professional engineers and land surveyors are set forth in 193C IAC 7.1 to 7.8. The rules do not specifically identify acceptable or approved providers of education nor provide requirements for late renewal of a license different than those for timely renewal. Michigan:
Continuing education requirements for professional engineers are set forth in Mich Admin Code, R 339.16040 to R 338.7150. The rules do not specifically identify acceptable or approved providers of education nor provide requirements for late renewal of a license different than those for timely renewal. Minnesota: Professional development hour (PDH) requirements for professional engineers, land surveyors, landscape architects, geoscientists, and interior designers are set forth in MN Statute 326.107. The statutes do not specifically identify acceptable or approved providers of education nor provide requirements for late renewal of a license different than those for timely renewal. Summary of factual data and analytical methodologies: The proposed rules were developed in consultation with the Professional Engineer Section. A department-prepared list of current education providers was reviewed, as well as adjacent states’ statutes and administrative rules relating to continuing education. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis: The proposed rules will be 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. 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 [email protected], or by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4472; email at [email protected].
------------------------------------------------------------------------------------------------------------ TEXT OF RULE
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SECTION 1. A-E 13.03 (3) is amended to read: A-E 13.03 (3) Except as provided in s. A-E 13.08, a professional engineer who fails to meet the continuing education requirements by the renewal date, as specified in s. 440.08 (2) (a) 35., Stats., may not engage in the practice of professional engineering until the registration is renewed in accordance with ss. A-E 2.05 and 13.10 based upon compliance with the continuing education requirements under this chapter. SECTION 2. A-E 13.05 (1m) is created to read: A-E 13.05 (1m) The professional engineer section may approve providers for continuing education programs, including the following:
(a) A school of engineering approved by the educational approval board.
(b) Colleges, universities, and other degree granting institutions approved by an accrediting agency published by the United States Department of Education.
(c) National Council of Examiners for Engineering and Surveying or its affiliates.
(d) National Society of Professional Engineers or its affiliates.
(e) National Council of Structural Engineers Association or its affiliates.
(f) American Council of Engineering Companies or its affiliates.
(g) American Society of Civil Engineers or its affiliates.
(h) American Society of Mechanical Engineers or its affiliates.
(i) American Society of Plumbing Engineers or its affiliates.
(j) American Society of Heating, Refrigerating, and Air-Conditioning Engineers or its affiliates.
(k) Occupational Safety and Health Administration Training Institute Education Centers.
(L) Federal Highway Administration.
(m) Federal Emergency Management Agency.
(n) National Highway Institute.
(o) Homeland Security Systems Engineering and Development Institute.
(p) National Fire Protection Association.
(q) Institute of Electrical and Electronics Engineers.
(r) Other providers as approved by the professional engineer section or its designee.
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SECTION 3. A-E 13.05 (2) (intro.) is renumbered A-E 13.05 (2) and amended to read: A-E 13.05 (2) The professional engineer section has final authority with respect to acceptance of activities, courses, credit, PDH value for courses, and other methods of earning PDHs, except the following are examples of accepted providers for continuing education programs:. SECTION 4. A-E 13.05 (2) (a) to (d) are repealed. SECTION 5. A-E 13.06 (1m) is created to read: A-E 13.06 (1m) The professional engineer section may require additional evidence demonstrating compliance with the continuing education requirements under this chapter, including a certificate of attendance or documentation of completion or credit for the courses completed. SECTION 6. A-E 13.08 (5) and (6) are amended to read: A-E 13.08 (5) A renewal applicant who receives a waiver under sub. (4) may not engage in the practice of professional engineering until he or she meets the requirements of s. A-E 13.10 the registration is renewed based upon compliance with the continuing education requirements under this chapter. (6) A renewal applicant, who prior to the expiration date of the license submits a request for a waiver, pays the renewal fee and provides a statement setting forth the facts concerning noncompliance and the basis of the request, shall be deemed to be in good standing until the final decision on the application is issued by the professional engineer section. If a finding of extreme hardship is not determined, an applicant may not engage in the practice of professional engineering until he or she meets the requirements of s. A-E 13.10 the registration is renewed based upon compliance with the continuing education requirements under this chapter. SECTION 7. A-E 13.09 is amended to read: A-E 13.09 Comity. An The professional engineer section may require an applicant for registration from another state who applies for registration to practice professional engineering under s. A-E 4.08 (2), shall to submit proof of completion of 30 PDHs of qualifying continuing education that complies with the requirements of ch. A-E 13 this chapter within the 2 year period prior to their application. However, an applicant by comity who has received his or her first license as a professional engineer within the last two years shall be exempt from meeting the 30 PDHs specified in s. A-E 13.03 (1) as required for continuing education requirements and shall not be required to comply with the continuing education requirements for their first renewal of registration. SECTION 8. A-E 13.10 is repealed.
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SECTION 9. 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. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE) ------------------------------------------------------------------------------------------------------------
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State of Wisconsin Department of Safety & Professional Services
Revised 2/2015
AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request: Nifty Lynn Dio, Bureau Assistant On behalf of Brittany Lewin, Executive Director
2) Date When Request Submitted: 04/17/2017
Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting
3) Name of Board, Committee, Council, Sections: Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors
4) Meeting Date: 04/26/2017
5) Attachments:
Yes
No
6) How should the item be titled on the agenda page? Update from Legislative Liaision Regarding Reitred License Status
7) Place Item in:
Open Session
Closed Session
8) Is an appearance before the Board being scheduled?
Yes (Fill out Board Appearance Request)
No
9) Name of Case Advisor(s), if required: N/A
10) Describe the issue and action that should be addressed: Please See Attachment
11) Authorization
Nifty Lynn Dio 04/17/2017
Signature of person making this request Date
Supervisor (if required) Date
Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date
Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.
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LRB-0494/1
MPG:jld
2017 - 2018 LEGISLATURE
2017 BILL
AN ACT to amend 443.02 (3) and 443.02 (4); and to create 443.015 (1m) of the
statutes; relating to: exemption from continuing education requirements for
certain retired professionals holding credentials granted by the Examining
Board of Architects, Landscape Architects, Professional Engineers, Designers,
and Professional Land Surveyors and requiring the exercise of rule-making
authority.
Analysis by the Legislative Reference Bureau
Under this bill, any rule promulgated by the Examining Board of Architects,Landscape Architects, Professional Engineers, Designers, and Professional LandSurveyors establishing continuing education requirements must provide that anapplicant for credential renewal who is at least 65 years of age or who has activelymaintained that credential for a minimum of 30 consecutive years is exempt fromcontinuing education requirements upon certification to the examining board thatthe applicant has retired from professional practice and no longer engages in thatpractice. An exempt person may maintain his or her professional title but may notengage in the relevant practice. Also, under the bill, an exempt person must pay onlyone-half of the applicable renewal fee to maintain his or her professional credential.
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- 2 -2017 - 2018 Legislature LRB-0494/1MPG:jld
BILL
For further information see the state fiscal estimate, which will be printed asan appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, doenact as follows:
SECTION 1. 443.015 (1m) of the statutes is created to read:
443.015 (1m) (a) Any rules a section of the examining board promulgates under
sub. (1) shall provide that an applicant for renewal of his or her credential under this
chapter who is at least 65 years of age or who has actively maintained his or her
credential under this chapter for at least 30 consecutive years shall be exempt from
continuing education requirements upon the applicant's certification to the
appropriate section that the applicant has retired from and no longer engages in the
practice for which the applicant holds the credential.
(b) 1. A person who is exempt under par. (a) may not engage in the practice for
which the person holds the credential subject to exemption, unless he or she satisfies
reinstatement requirements established by the appropriate section of the examining
board by rule.
2. A person who is exempt under par. (a) may continue to use a title in
connection with his or her credential subject to exemption if the person clearly
indicates to the public that the person is retired, including by placing the
abbreviation “Ret." or similar appellation after his or her title.
(c) The renewal fee for a person who is exempt under par. (a) shall be one-half
of the usual renewal fee that otherwise applies, unless the person resumes his or her
practice under the credential after satisfying any reinstatement requirements
established by the appropriate section by rule, in which case the usual renewal fee
applies.
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- 3 -2017 - 2018 LegislatureLRB-0494/1
MPG:jld
SECTION 2 BILL
SECTION 2. 443.02 (3) of the statutes is amended to read:
443.02 (3) No person may offer to practice architecture, landscape architecture,
or professional engineering or, except as provided in rules promulgated by the
appropriate section under s. 443.015 (1m), use in connection with the person's name
or otherwise assume, use or advertise any title or description tending to convey the
impression that he or she is an architect, landscape architect, or professional
engineer or advertise to furnish architectural, landscape architectural, or
professional engineering services unless the person has been duly registered or has
in effect a permit under s. 443.10 (1) (d).
SECTION 3. 443.02 (4) of the statutes is amended to read:
443.02 (4) No person may engage in or offer to engage in the practice of
professional land surveying in this state or, except as provided in rules promulgated
by the professional land surveyor section under s. 443.015 (1m), use or advertise any
title or description tending to convey the impression that the person is a professional
land surveyor unless the person has been granted a license under this chapter to
engage in the practice of professional land surveying.
(END)
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State of Wisconsin Department of Safety & Professional Services
Revised 12/2016
AGENDA REQUEST FORM
1) Name and Title of Person Submitting the Request: Brittany Lewin, Executive Director
2) Date When Request Submitted: 03/01/2017 Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting
3) Name of Board, Committee, Council, Sections: All Boards, Committees, Councils and Sections 4) Meeting Date: 04/26/2017
5) Attachments: Yes No
6) How should the item be titled on the agenda page? Board Training Review – Public Records and Ethics and Lobbying – Discussion and Consideration
7) Place Item in: Open Session Closed Session
8) Is an appearance before the Board being scheduled? Yes No
9) Name of Case Advisor(s), if required: N/A
10) Describe the issue and action that should be addressed: Please review the materials previously emailed, and included herein, in preparation for discussion at the meeting.
1) Public Records and Ethics and Lobbying Training i. Email from 3/1/17
ii. Wisconsin Public Records Law Basics iii. DSPS Public Records Information iv. Ethics and Lobbying Law One Pager
11) Authorization Signature of person making this request Date Supervisor (if required) Date Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.
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Wood, Kimberly - DSPS
From: Wood, Kimberly - DSPSSent: Wednesday, March 01, 2017 3:27 PMTo: Boullion, James - DSPSCc: Lewin, Brittany - DSPS; Ryan, Thomas - DSPS; Williams, Dan - DSPS; Zadrazil, Chad J -
DSPSSubject: Completion Reminder: Public Records and Ethics and Lobbying TrainingAttachments: WisconsinPublicRecordsLawBasics_PPT.pdf; Ethics and Lobbying Law One Pager.pdf;
DSPS Public Records Information.pdf
DSPS Board, Council or Committee member, For those of you that have not already done so, this is a reminder to review the training materials we sent you a fewweeks ago regarding what you need to know about Wisconsin’s ethics and lobbying laws and how to handle public records. You will have a chance to raise any questions and discuss these topics at your next board, council orcommittee meeting. We have also included an additional document called “DSPS Public Records Information.pdf” that identifies who you should talk to at DSPS about public records questions. Some people had difficulty opening the public records training file, therefore we have also attached a PDF version of the training called “WisconsinPublicRecordsLawBasics_PPT.pdf”.
Hello, Below you will find information about two requirements recently communicated to state agencies. All Board, Council, Section and Committee members are required to receive training in two separate areas: 1) PublicRecords, and; 2) Ethics and Lobbying. These required trainings must be completed at your earliest opportunity. Please complete the web‐based public records training and review the attached ethics and lobbying guidance document byMarch 1st. At your next meeting, you will have the opportunity to discuss the public records training and we will review the ethics and lobby law training. Background information and instructions for both trainings is included below.
1) Public Records On March 11, 2016, the Governor issued Executive Order #189 reaffirming the importance of transparency in state government. Specifically, the Governor asked agencies to implement best practices to promote the public’s access tothe records of their government under Wisconsin’s Public Records Law. The Governor also directed each state agency to provide public records resources and training for all employees and members of all boards, councils, commissions andcommittees attached to the agency. This training has been developed and is available online at the following web link: http://dsps.wi.gov/Documents/Board%20Services/Other%20Resources/RecordsTraining/Wisconsin_Public_Records_Law_Basics.pdf Please note that this link will require Adobe Flash Player which may not be available for your hand held device. *If you are unable to open the training, you may view the attached PDF titled “WisconsinPublicRecordsLawBasics_PPT” instead.
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If you have difficulty in accessing this information please contact Kimberly Wood at [email protected] and she will assist you.
2) Ethics and Lobbying Recently the Wisconsin Ethics Commission withdrew a formal opinion that had created a pathway for agency officials toremove themselves from the prohibitions of the lobbying law. A number of questions were received in response to theaction by the Ethics Commission. A guidance document is attached in an effort to clarify the current status of the law. The attachment is a one‐page overview of specific provisions in the state ethics and lobbying laws that apply to persons appointed by Governor Walkerthroughout state government. While the ethics law provisions apply to all appointees of the Governor, the lobbying law only applies to members ofboards, councils, or commissions and committees that are involved with rule writing. If you have any questions, please feel free to reach out to your Executive Director or the Wisconsin Ethics Commission atany time. Thank you,
Jim Boullion Administrator, Division of Policy Development Department of Safety and Professional Services [email protected] Phone: (608) 266‐8419
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2/28/2017
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What Is a Public Record?
Anything paper or electronic with information about government business, with a few exceptions
Public records can be paper or electronic.
Examples of electronic public records:• Emails• Videos• Audio files• Database content• Instant messages
Record Location
The location of the record does not matter!
Emails, text messages, or files about government business on your personal device are public records. You must keep them and turn them over upon request.
Public Records Responsibility 3
When you have a public record, understand how to properly retain it.
• If it is a public record, follow your agency’s record retention schedule.
• Check with your agency’s records officer(s) or records coordinator(s) to learn:
• How long to keep records.• Where to send records when time expires.
• Before you get rid of a record, make sure there are no pending records requests, audits, or lawsuits that require you to hold on to it.
Key Points
Key points to remember:• Don’t delete emails or any other records unless you know that you don’t need to keep them.
• Organize hard copy documents so you know where to find them if a member of the public requests them.
• Know how long you are required to keep your records and what to do with them when that time is up.
Key Points, Continued
• Keep all your emails in a place where someone can search them when requests come in.
• Manage your own emails. Don’t rely on disaster recovery backup systems. If you run out of storage in your mailbox, ask your agency’s help desk for assistance with .pst files or similar solutions.
• Text messages on your personal cell phone are public records if they pertain to government business.
• Emails in your personal email are public records if they pertain to government business.
Public Records Responsibility 4
Recognize a public records request and handle the request appropriately.
A public records request:• Is any request for government records.• Does not require magic words or precise format.
• Can be submitted by email, by letter, by phone, in person, or by any other method.
• Can be written or verbal.• Does not need to identify the requestor or the purpose of the request.
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Department of Safety and Professional Services
Agency Specific Public Records Information
February 24, 2017
The purpose of this memo is to provide information on public records requests that is specific to the Department of Safety and Professional Services (DSPS).
DSPS receives public record requests in a number of ways. Most public record requests are received via US mail or by email. DSPS has a public records mailbox accessible from the DSPS website. In addition, the DSPS website contains a public records notice which sets out the procedure for making a request and information about fees. Here is the link to the public records notice: http://dsps.wi.gov/other-services/open-records-notice-and-requests Records requests should always be considered a priority. If you are an employee of DSPS and you receive a request you should immediately notify your supervisor or a record custodian. Any records that may be covered by the request should be preserved. If you are a member of a board or council and you receive a request you should immediately notify your primary contact at DSPS, normally the executive director of your board or council. Again, any records that may be covered by the request should be preserved. The record request should be forwarded to the supervisor, custodian or executive director within one business day. Deputy record custodians process the requests. The custodians will work in conjunction with the DSPS public information officer on requests involving media or legislative issues. The custodians will also work with the employees or board/council members if there is a need to search emails or other records in possession of the employee or board/council member. The goal is for the custodian to provide a response as soon as practicable. For this reason, cooperation with the custodians is essential.
The agency record custodian is Michael Berndt. The following lists reflect deputy record custodians for each agency division:
DLSC
Meena Balasubramanian Beth Cramton
Zach Hendrickson Terri Rees
DPCP Kris Hendrickson
DMS/Office of Sec.
Michael Berndt Alicia Bork
DPD Shawn Leatherwood
DIS/Field Offices
Peggy Thran
Public records are retained for periods of time set out in Record Destruction Authorizations, commonly called RDAs, or as required by the General Record Schedules. If you have questions about how long some record is supposed to be retained, please talk with you supervisor. Record officers update the agency RDAs and are familiar with the General Record Schedules. The agency record officers are Michael Berndt and Peggy Thran.
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The guidance below provides a summary of the prohibitions on solicitation and acceptance of items of value under
Wisconsin law. This guidance does not provide a comprehensive overview of the regulations that apply to state
officials. For further information, please consult the Wisconsin Ethics Commission
(http://ethics.wi.gov/content/resources) and Chapters 13 and 19 of the Wisconsin Statutes.
Lobbying law. Chapter 13, Wisconsin Statutes.
General Rule: Members of state agencies, boards, commissions, or councils that have rulemaking authority cannot solicit or accept
anything of pecuniary value from a lobbyist or lobbying principal, even if they offer to pay for it. (§13.62, §13.625, 80 OAG 205).
[Involvement in rulemaking is defined very broadly; you are likely considered to be involved in rulemaking just by virtue of the fact
that you are appointed to a board, commission or council with rulemaking authority. §13.62(3)]. Note that the Wisconsin Ethics
Commission recently withdrew a formal opinion that allowed agency officials to remove themselves from the prohibitions of the
lobbying law by refraining from engaging in rulemaking activities.
Applies to members of boards with rule-making authority (“agency officials”). [Defined in §13.62(3)].
Exceptions:
If the thing provided by a principal (not an individual lobbyist) is available to the general public on the same terms and conditions
and is available to anyone who wants it and who meets the criteria for eligibility. [§13.625(2); 80 OAG 205]. For example, a
member of the State Bar could attend a generally advertised continuing legal education conference put on by the State Bar
(a lobbying principal) so long as it was available to anyone who wished to attend and met the criteria for eligibility, such as
membership in the State Bar.
o The criteria for eligibility must be:
Established and readily identifiable; and Drawn without the purpose or effect of giving a preference to or conferring an advantage upon you.
o There must be no offer or notice of availability directed to you that gives you an advantage.
The lobbyist or principal is your employer and the thing provided does not exceed what the employer customarily provides
to all employees (e.g., a paycheck). [§13.625(6r)]. (Note that one’s status as a lobbyist does not prevent service as an
agency official.)
The expense is provided as a benefit to the state, such as meals, transportation or lodging in connection with an event
related to your state duties, which the state would otherwise pay. [§13.625(7); §19.56(3)(a)].
Informational or educational materials. [§13.625(6t)].
The lobbyist is a relative or resides in the same household [§13.625(6)].
*All lobbyists and lobbying principals are required to register here: https://lobbying.wi.gov/Home/Welcome.
Ethics Law. Chapter 19, Wisconsin Statutes.
General Rule: No state public official may use his or her public position or office to obtain financial gain or anything of substantial
value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is
associated. [§19.45(2); §19.42(2)].
Applies to individuals appointed by the governor, and other positions defined in Wis. Stat. 19.42(13).
Exceptions: (Note that these exceptions are to the ethics code only. They are not exceptions to prohibitions under the lobbying code.)
The thing offered is unrelated to your state position (e.g. a family member or long-time friend).
The expense is provided as a benefit to the state, such as meals, transportation or lodging in connection with an event
related to your state duties which the state would otherwise pay. [§19.56(3)(a)].
IF YOU HAVE ANY DOUBT IF SOMETHING IS PERMITTED, ASK YOUR LEGAL OFFICE OR THE ETHICS COMMISSION
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