STATE OF WISCONSIN
EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSINAL ENGINEERS, DESIGNERS AND LAND SURVEYORS
------------------------------------------------------------------------------------------------------------
IN THE MATTER OF RULEMAKING
:
PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE
:
EXAMINING BOARD OF
EXAMINING BOARD OF
:
ARCHITECTS, LANDSCAPE ARCHITECTS, LANDS
CAPE
: ARCHITECTS,
PROFESSIONAL
ARCHITECTS, PROFESSIONAL
:
ENGINEERS
DESIGNERS AND
ENGINEERS,
D
ESIGNERS
AND
:
LAND SURVEYORS
LAND SURVEYORS
:
ADOPTING RULES
:
(CLEARINGHOUSE RULE
)
------------------------------------------------------------------------------------------------------------
PROPOSED ORDER
An ord
er of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
to
repeal A-E 6.07, 8.07 (2) (Note), and 10.04 (2) (d) and to amend A-E 1.02 (1), 2.01, 2.02 (1), (4), and (6), 2.03 (1) (a) and (b) and (2) (d), Chapter
6
(title), 6.01 (intro.), 6.02 (title), 6.03, 6.04 (title) and (1) (intro,), (a), and (b), and (2) (a) and (b), 6.05 (1) and (2) (b), 6.05 (10), 6.06 (intro.), 7.01 (2) (intro.), 7.03, 7.05 (6), 7.08 (1) (b), (3) (b) and (
i
), 8.02, 8.03 (1), (3) (intro.) and (a),
8.03 (5) (c) 4. and 5., 8.04 (intro.), (1), and (3), 8.05 (1) (intro.), (a), and (c), and (2), 8.06 (intro.), (2), and (3), 8.07 (intro.), (1), and (2), 8.08 (intro.), (3), and (4), 8.09 (intro.), (1), and (2), 8.10 (2) and (3), 8.11 (intro.) and (1) to (4), Chapter
10
(title), 10.01, 10.02 (2) to (4), 10.03 (1) (a), (b) (intro.) and 3., 10.03 (2) (b) to (d) and (g), and (4), 10.04 (1) (a) and (c), (2) (intro.) and (e), (3), and (4), 10.05 (1) to (5), 10.06 (intro.), 10.07 (1) and (2) (d), and 10.08 relating to
land surveyor professional licensure.
Analysis prepared by the Department of
Safety and Professional Services
.
------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
15.08 (5) (b), 227.11 (2) (a),
Stats.
Explanation of agency authority:
Examining b
oards are authorized b
y s.15.08 (5
) (
b)
,
Stats.,
to promulgate rules that will provide guidance within the trade or profession
to which it pertains
.
Section
227.11 (2) (a)
,
Stats.,
authorizes
examining board
to prom
ulgate rules that interpret any statute
it
enforces or administers.
The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and
Professional
Land Surveyors seek to promulgate rules that
will provide
guidance within the profession on the transition from registered land surveyors to
licensed
land surveyors.
Related statute or rule:
None.
Plain language analysis:
The Act
transformed land surveyor
registration to land surveyor licensure
and eliminated
both the permit to practice land surveying for applicants with pending applications for
registration and
the apprenticeship pathway to registration.
The Act also replaced the term
s
land surveyor, registered land surveyor
,
and
surveyor with the
term
professional
land surveyor
.
The
proposed rule updates
administrative rules in
chs
.
A-E
1
to
10
to
reflect
these
change
s
.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois
:
Illinois designates land
surveyors
as
professional land surveyor
s
.
A person seeking licensure as a professional land surveyor
by examination
in Illinois must apply in writing on Department approved forms, must not have violated any provision of the Illinois Professional Land Surveyor Act of 1989, must be of good ethical character, must have been licensed as a land-surveyor in training, must have at least 4 years of
responsible
charge
experience
in land surveying after having passed the examination for licensure as a surveyor-in-training, must have a baccalaureate degree in land surveying, or a related science, from an a
ccredited college or university, and must have passed an examination authorized by the Department to determine his or her fitness to
receive
a license as a professional land surveyor. 225 ICLS 330/12.
Iowa
:
Iowa does not designate land surveyors as professional land surveyors. Persons
seeking
a license as a
land surveyor
in Iowa must
satisfy the education plus experience requirements as follows: graduation from a course of two years or more in mathematics, physical sciences, mapping and surveying, or engineering in a school or college and six years of practical experience, successfully complete the Fundamentals of Land Surveying examination,
successfully
complete the Principles and Practice of Land Surveying
examination
, complete a statement of approximately 200 words describing a significant project
on which the applicant worked,
provide
references
for applicant
s
that must meet an experience requirement prior to taking an examination.
193C IAC 5.1 (2015
)
.
Michigan
:
Michigan designates land surveyors as professional surveyors. The requirements for licensure include:
pass
ing
the land surveying fundamentals examination and the professional
practice
examination, “or provide proof of qualification to practice land surveying acceptable to the department and the board.” MCLS §
339.2004 (3)
. For admission to the professional surveying fundamentals examination
applicants must
provide
,
“
an
affidavit stating that a degree acceptable to the board
shall be
completed no
t
lat
er than 6 months after the date of the examination.”
MCLS §
339.2005 (3)
. A
dmission to the pro
fessional practice examination requires
all of the following:
“[d]
ocumentation
of not less than 8 years of professional experience in professional surveying satisfactory to the board of professional surveyors, including not more than 5 years of education.
Evidence of completion of a degree in professional surveying or a related degree with professional surveying courses acceptable to the board of professional surveyors
.
Not less than 5 references, 3 of which shall be from licensed professional surveyors who have personal knowledge of the applicant's professional experience.
Minnesota:
Minnesota does not designate land surveyors as professional land surveyors. Minnesota’s requir
e
ments for licensure include:
educational requirements experience requirements and passing the professional examination.
Summary of factual data and analytical methodologies:
Adjacent states’ statutes and administrative rules were also reviewed. The
Section
ensures the accuracy, integrity, objectivity and consistency of data was used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule
was
posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days.
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 do not have a negative 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
Eric.Esser@wisconsin.gov
, or by calling (608) 267-2435.
Agency contact person
:
Katie
Paff
, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4472; email at
Kathleen.Paff@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to Katie
Paff
, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to
Kathleen.Paff@wisconsin.gov
.
Comments
must be received on or before the public hearing on July 30, 2015
to be included in the record of rule-making proceedings.
------------------------------------------------------------------------------------------------------------
TEXT OF RULE
S
ection
1.
A-E 1.02 (1) is amended
to
read:
A-E 1.02
(1
)
“
Board” or “joint board”
means
the examining board of architects, landscape architects, professional engineers, designers and
professional
land surveyors.
S
ection
2.
A-E 2.01
is amended to read:
A-E
2.01
Purpose
.
The purpose of rules in this chapter is to specify general requirements and procedures which apply to persons credentialed by any section of the board. Requirements specific to architects, landscape architects, professional engineers, designers or
professional
land surveyors are specified in
chs
.
A-E 3
,
4
,
5
,
6
,
7
,
9
,
10
,
11
,
12
, and
13
. Rules of professional conduct for all registrants or permit holders are specified in
ch.
A-E 8
.
S
ection
3.
A-E 2.02 (1), (4)
,
and (6) are amended to read:
A-E
2.02
(
1
)
Each architect, landscape architect, professional engineer, designer and
professional
land surveyor shall obtain a seal that complies with board specifications for registration seals. The overall diameter may not be less than 15⁄8 inches nor more than 2 inches. Each seal shall include the registrant's name, registration or permit number and city.
(4)
Each sheet of plans, drawings, documents, specifications and reports for architectural, landscape architectural, professional engineering, design or
professional
land surveying practice shall be signed, sealed and dated by the registrant or permit holder who prepared, or directed and controlled preparation of, the written material, except as specified in sub. (5).
(6)
Any addition, deletion or other revision to each sheet of plans, drawings, documents, specifications and reports for architectural, landscape architectural,
professional engineering, design
or
professional
land surveying practice which affects public health and safety or any state or local code requirements may not be made unless signed, sealed and dated by the registrant or permit holder who made or directed and controlled the making of the revision.
S
ection
4.
A-E 2.03 (1) (a) and (b) and (2) (d) are amended to read:
A-E 2.03 (1) (a)
"Firm" means any sole proprietorship, partnership or corporation located in Wisconsin which provides or offers to provide architectural, landscape architectural, professional engineering, design or
professional
land surveying services to the public.
(b)
"Resident" means a currently-registered architect, landscape architect, professional engineer, designer or
professional
land surveyor who spends the majority of his or her working schedule in one firm location and who is in charge of and responsible for the type of services offered or provided from that location.
(2) (
d
)
A resident
professional
land surveyor in each separate business location which provides or offers to provide
professional
land surveying services.
S
ection
5.
Chapter
A-E 6
(title) is amended to read:
PROFESSIONAL
LAND SURVEYOR
LICENSURE
S
ection
6.
A-E 6.01 (intro) is amended to read:
A-E
6.01
Authority
and purpose.
The rules in this chapter are adopted under authority in ss.
15.08 (5) (b)
,
227.11
,
443.01 (4)
443.01 (6s)
and
443.06
, Stats. The purpose of rules in this chapter is to interpret basic education, experience and examination requirements for
registration
licensure
as a
professional
land
surveyor as specified in s.
443.06
, Stats.
S
ection
7.
A-E 6.02 (title) is amended to read:
A-E
6.02
Application
for
regist
ration
licensure
.
S
ection
8.
A-E 6.03 is amended to read:
A-E
6.03
Land
surveying experience
.
(1)
To qualify as "practice in
professional
land surveying work of a satisfactory character which indicates that the applicant is competent to be placed in responsible charge of such work" under s.
443.06
, Stats., the experience of an applicant shall be in areas of
professional
land surveying practice designated under pars. (a)
and
(b), or other areas which, in the opinion of the board, provide the applicant with knowledge of practice of land surveying at least equivalent to that which is generally acquired by experience in the areas listed. An applicant need not have experience in all areas listed below. However, all applicants shall
have experience in the areas listed in par. (a) 1.
and
2. Academic coursework which provides the applicant with knowledge and skills in some areas of practice listed in pars. (a)
and
(b) may be claimed as equivalent to experience.
S
ection
9.
A-E 6.04
(title)
,
(1)
(intro.),
(a)
,
and (b)
,
and (2)
(a) and (b)
are
amended to read:
A-E
6.04
Educational
requirements
for
professional
land surveyors
.
(1)
To meet the educational requirements of
s.
443.06 (2) (a)
and
s.
443.06
(
bm
), Stats., an applicant for registration as a
professional
land surveyor shall have satisfactorily completed at least 60 semester credits in a
civil engineering or
land surveying
curriculum
including
no less than 12 semester credits in
professional
land surveying which shall be in the following categories of study:
(
a)
No less than 8 of the 12 credits may be in courses concentrating on the legal principles of
professional
land surveying and the technical aspects of
professional
land surveying. These courses shall include areas of study such as research of public and private records, principles of evidence and the interpretation of written documents used in boundary determination, the study of the legal elements of
professional
land surveying including those involving resurveys, boundary disputes, defective descriptions, riparian rights and adverse possession, the study of the professional and judicial functions of a
professional
land surveyor, the study of surveying methods for measuring distance and angular values, note keeping, computation and writing descriptions and the study of the Wisconsin Statutes and local ordinances relating to the preparation of subdivision maps and plats.
(b)
No more than 4 credits may be in courses related to
professional
land surveying such as "engineering surveying," "municipal surveying," "route surveying," "highway surveying," "topographic surveying," "geodetic surveying," "photogrammetry," "cartography," "construction surveying," "air photo interpretation," "artillery surveying," "geographic information systems," "land information systems" and remote sensing systems."
(2)
To meet the educational requirements of s.
443.06 (2) (am)
,
Stats.,
an applicant for registration as a
professional
land surveyor shall have done either of the following:
(a)
Received a bachelor's degree in a course of study in
professional
land surveying of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state where the coll
ege or university is located.
(b)
Received a bachelor's degree in civil engineering of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state where the college or university is located. The curriculum shall include no less than 16 of 24 semester credits in courses concentrating on the legal
principles of
professional
land surveying and the technical aspects of
professional
land surveying. These courses shall include areas of study such as research of public and private records, principles of evidence and the interpretation of written documents used in boundary determination, the study of the legal elements of
professional
land surveying including those involving resurveys, boundary disputes, defective descriptions, riparian rights and adverse possession, the study of the professional and judicial functions of a
professional
land surveyor, the study of surveying methods for measuring distance and angular values, note keeping, computation and writing descriptions and the study of the Wisconsin statutes and local ordinances relating to the preparation of subdivision maps and plats, other land divisions and real property creation. The applicant may be allowed to receive up to 8 credits in certain other courses relating to surveying. These courses may include "engineering surveying," "municipal surveying," "route surveying," "highway surveying," "topographic surveying," "geodetic surveying," "photogrammetry," "cartography," "construction surveying," "air photo interpretation," "artillery surveying," "geographic information systems," "land information systems" and "remote sensing systems."
S
ection
10.
A-E 6.05
(1)
and (2) (b)
are amended to read:
A-E 6.05 (1
)
Land
surveyor examination required
. Applicants for
registration
licensure
as
a
professional
land surveyor shall take and pass an examination. The examination parts are the national fundamentals of surveying examination, the national principles and practice of surveying examination and the state jurisdictional examination, which is relative to Wisconsin specific practice. Each of the 3 required examinations
is
scored
separately.
(2) (b
)
The national principles and practice examination and the state jurisdictional examination require an ability to apply principles and judgment to problems involving the U.S. system of public land surveys, Wisconsin plane coordinate surveys, the relocation of lost and obliterated corners, the legal essentials of resurveys, disputed boundaries, defective deed descriptions, riparian rights, adverse possession, the Wisconsin statutes relating to land surveying including the preparation and filing of plats, the writing and interpreting of land descriptions, the technical essentials of
professional
land surveying and subdivision of lands including practical problems requiring a knowledge of the basic theory and fundamental concepts of field astronomy, geometry of curves, topography and photogrammetry.
S
ection
11.
A-E
6.05 (10) is amended to read:
A-E 6.05
(10
)
Cheating
.
Any applicant for
registration
licensure
who receives aid or cheats in any other manner in connection with the examination shall be barred from completing the examination or shall not be given a passing grade, or both.
S
ection
12.
A-E 6.06 (intro.) is amended to read:
A-E 6.06 Application contents
. An application for
registration
licensure
shall include all of the following:
S
ection
13.
A-E 6.07 is repealed.
S
ection
14.
A-E 7.01 (2) (intro.) is amended to read:
A-E 7.01 (2)
The
professional
land surveyor and his or her client or employer may agree in a signed statement to exclude any
professional
land surveying work from the requirements of this chapter except the preparation of a U.S. public land survey monument record and a map of work performed. The map prepared by the
professional
land surveyor for the client or employer shall include:
S
ection
15.
A-E 7.03 is amended to read:
A-E
7.03
Boundary
locatio
n.
Every property survey shall be made in accordance with the records of the register of deeds as nearly as is practicable. The
professional land
surveyor shall acquire data necessary to retrace record title boundaries such as deeds, maps, certificates of title and center line and other boundary line locations. The
professional land
surveyor shall analyze the data and make a careful determination of the position of the boundaries of the parcel being surveyed. The
professional land
surveyor shall make a field survey, traversing and connecting monuments necessary for location of the parcel and coordinate the facts of the survey with the analysis. The
professional
land
surveyor
shall set monuments marking the corners of the parcel unless monuments already exist at the corners.
S
ection
16.
A-E 7.05 (6) is amended to read:
A-E 7.05
(6
)
Bear
the stamp or seal and signature of the
professional
land surveyor under whose direction and control the survey was made with a statement certifying that the survey is correct to the best of the surveyor's knowledge and belief.
S
ection
17.
A-E 7.08 (1) (b)
, (3) (b) and (
i
)
are
amended to read:
A-E 7.08 (1)
(b)
The
professional
land surveyor who performs the survey accepts a location for the U.S. public land survey corner which differs from that shown on a U.S. public land survey monument record filed in the office of the county surveyor or register of deeds for the county in which the corner is located; or,
(3)
(b)
A description of any record evidence, monument evidence, occupational evidence, testimonial evidence or any other material evidence considered by the
professional land
surveyor, and whether the monument was found or placed.
(3)
(
i
)
The stamp and signature or seal and signature of the
professional
land surveyor under whose direction and control the corner location was determined and a
statement certifying that the U.S. public land survey monument record is correct and complete to the best of his or her knowledge and belief.
S
ection
18.
A-E
8.02 is amended to read:
A-E
8.02
Intent
.
The intent of the examining board in adopting this chapter is to establish rules of professional conduct for the professions of architecture, landscape architecture, professional engineering, designing and
professional
land surveying. A violation of any standard specified in this chapter may result in disciplinary action under ss.
443.11
to
443.13
, Stats.
S
ection
19.
A-E 8.03 (1), (3)
(intro.),
and (3) (a) are amended to read:
A-E 8.03
(1)
"Gross negligence in the practice of architecture, landscape architecture, professional engineering, designing or
professional
land surveying" means the performance of professional services by an architect, landscape architect, professional engineer, designer or
professional
land surveyor which does not comply with an acceptable standard of practice that has a significant relationship to the protection of health, safety or public welfare and is performed in a manner indicating that the professional knew or should have known, but acted with indifference to or disregard of, the accepted standard of practice.
(3)
"Misconduct in the practice of architecture, landscape architecture, professional engineering, designing or
professional
land surveying" means an act performed by an architect, landscape architect, professional engineer, designer or
professional
land surveyor in the course of the profession which jeopardizes the interest of the public, including any of the following:
(3)
(
a
)
Violation of federal or state laws, local ordinances or administrative rules relating to the practice of architecture, landscape architecture, professional engineering, designing or
professional
land surveying.
S
ection
20.
A-E 8.03 (5) (c) 4.
and
5.
are
amended to read:
A-E 8.03 (5)
(c)
4.
Mere assumption by an architect, landscape architect, professional engineer, designer or
professional
land surveyor of responsibility for work without having control of the work.
5.
Assuming charge, control or direct supervision of work in which the architect, landscape architect, professional engineer, designer or
professional
land surveyor does not have technical proficiency.
S
ection
21.
A-E 8.04 (intro.)
,
(1)
,
and (3) are
amended
to read:
A-E 8.04 Offers to perform services shall be truthful.
When offering to perform professional services, an architect, landscape architect, professional engineer, designer or
professional
land surveyor:
(1
)
Shall accurately and truthfully represent to a prospective client or employer the capabilities and qualifications which the registrant
or
licensee
has to perform the services to be rendered.
(3)
May not offer to perform, nor perform, services which the registrant
or licensee
is not qualified to perform by education or experience without retaining the services of another who is qualified.
S
ection
22.
A-E 8.05 (1)
(intro.)
, (1) (a), (1) (c) and (2) are amended to read:
A-E
8.05
Conflicts
of Interest
. (1)
An architect, landscape architect, professional engineer, designer or
professional
land surveyor:
(1) (
a
)
Shall avoid conflicts of interest. If an unavoidable conflict of interest arises, the registrant
or licensee
shall immediately inform the client or employer of all the circumstances which may interfere with or impair the
registrant's
registrant or licensee’s
obligation to provide professional services. Under these circumstances a registrant
or licensee
may not proceed to provide professional services without the full approval and consent of the client or employer.
(c)
May not agree to perform professional services for a client or employer if the registrant
or licensee
has a significant financial or other interest which would impair or interfere with the
registrant's
registrant or licensee’s
responsibility to faithfully discharge professional services on behalf of the client or employer.
(2)
Nothing in these rules limits a
registrant's
registrant or a licensee’s
professional responsibility to an owner of a project when the registrant
or licensee
is employed by a person or firm under contract to construct and furnish design services for that project.
S
ection
23.
A-E 8.06 (intro.)
,
(2)
,
and (3) are amended to read:
A-E
8.06
Professional
obligations.
An architect, landscape architect, professional engineer, designer or
professional
land surveyor:
(2)
May not evade the professional or contractual responsibility which the registrant
or licensee
has to a client or employer.
(3)
May not enter into an agreement which provides that a person not legally and actually qualified to perform professional services has control over the
registrant's
registrant or licensee’s
judgment as related to public health, safety or welfare.
S
ection
24.
A-E 8.07 (intro.), (1)
,
and (2) are amended to read:
A-E
8.0
7
Unauthorized
practice.
An architect, landscape architect, professional engineer, designer, or
professional
land surveyor:
(1)
Shall assist in enforcing laws which prohibit the unlicensed practice of architecture, landscape architecture, professional engineering, designing, and
professional
land surveying by reporting violations to the board.
(2)
May not delegate professional responsibility to unlicensed persons and may not otherwise aid or abet the unlicensed practice of architecture, landscape architecture, professional engineering, designing, or
professional
land surveying.
S
ection
25.
A-E 8.07 (2) (Note) is repealed.
S
ection
26.
A-E 8.08 (intro.), (3)
,
and (4) are amended to read:
A-E
8.08
Maintenance
of professional standards
.
An architect, landscape architect, professional engineer, designer or
professional
land surveyor:
(3)
Shall respond in a timely manner to a request by the board, a section of the board or the department for information in conjunction with an investigation of a complaint filed against a registrant
or licensee
. There is a rebuttable presumption that a registrant
or licensee
who takes longer than 30 days to respond to a request for information has not acted in a timely manner.
(4)
Shall notify the department in writing if the registrant
or licensee
has been disciplined for unprofessional conduct in other states where the registrant
or licensee
holds a credential or has violated federal or state laws, local ordinances or administrative rules, not otherwise reportable under s.
SPS 4.09 (2)
, which are related to the practice of an architect, landscape architect, professional engineer, designer or
professional
land surveyor. The notification shall be submitted within 48 hours of the disciplinary finding or violation of law and shall include copies of the findings, judgments and orders so that the department may determine whether the circumstances are substantially related to the practice of the registrant
or licensee
.
S
ection
27.
A-E 8.09 (intro.), (1)
,
and (2) are amended to read:
A-E
8.09
Adherence
to statutes and rules.
An architect, landscape architect, professional engineer, designer or
professional
land surveyor:
(1)
Shall comply with the requirements in
ch.
443
,
Stats.,
rules in this chapter and all other federal, state and local codes which relate to the practice of architecture, landscape architecture, professional engineering, designing and
professional
land surveying.
(2)
May not engage in conduct that may adversely affect his or her fitness to practice architecture, landscape architecture, professional engineering, designing or
professional
land surveying.
S
ection
28.
A-E 8.10 (2) and (3) are amended to read:
A-E 8.10
(2)
No
professional
land surveyor may sign, seal or stamp any maps, plats, charts, or reports for
professional
land surveying practice which are not prepared by the
professional
land surveyor or under his or her personal direction and control
.
(3)
No architect, landscape architect, professional engineer, designer or
professional
land surveyor shall allow work performed by him or her or under his or her personal direction and control to be signed, sealed or stamped by another except that an architect, landscape architect, professional engineer, designer or
professional
land surveyor working under the personal direction and control of another registrant
or licensee
may allow that registrant
or
licensee
to sign and seal or stamp the work
.
S
ection
29.
A-E 8.11 (intro.),
and
(1) to (4) are amended to read:
A-E 8.11 Suspension of registration; effect.
Any registrant
or licensee
whose registration
or license
has been suspended is prohibited during the term of the suspension from engaging in any of the following
:
(1)
Offering to perform any service which requires registration
or licensure
.
(2)
Performing any professional service which requires registration
or licensure
.
(3)
Signing or sealing plans, specifications, reports, maps, plats, or charts prepared for the practice of architecture, landscape architecture, professional engineering, designing or
professional
land surveying
.
(4)
Entering into contracts the performance of which require registration
or licensure
.
S
ection
30.
Chapter
A-E 10
(title) is amended to read:
CONTINUING EDUCATION FOR
PROFESSIONAL
LAND SURVEYORS
S
ection
31.
A-E 10.01 is amended to read:
A-E 10.01 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 of
professional
land
surveyor
registrants
surveyors
.
S
ection
32.
A-E 10.02 (2) to (4) are
amended
to read:
A-E 10.02
(2
)
"
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
licensee
in the practice of
professional
land surveying and for improvement of the safety and welfare of the public.
(3)
"Professional development activities" means organized educational programs on topics related to the practice or theory of
professional
land surveying and which foster the enhancement of general or specialized knowledge, practice and values of
professional
land
surveying.
(4)
"Professional development hour" or "PDH", unless specified otherwise, means 50 minutes of instruction or participation spent by the
registrant
licensee
in actual attendance or completion of an approved educational activity.
S
ection
33.
A-E 10.03 (1) (a),
(b)
(intro.
)
and 3.
are
amended to read:
A-E 10.03
(1)
(a)
Beginning in the February 2012 biennial registration period, unless granted a waiver under s.
A-E 10.07
, every
registrant
licensee
shall complete at least 20 hours of approved professional development hours or equivalent continuing education hours, pertinent to the practice of
professional
land surveying, except that between initial
registration
licensure
and the first renewal period, a new
registrant
licensee
shall not be required to comply with the continuing education requirements for the first renewal of
registration
licensure
.
(b)
During each biennial registration period, the
registrant
licensee
shall
complete a minimum of 2 professional development hours of the total number required in each of the following categories
:
(b)
3.
Programs, courses or activities in the area
of
professional
land surveying or related sciences.
S
ection
34.
A-E 10.03 (2) (b) to (d), (g) and (4) are amended to read:
A-E 10.03 (2)
(b
)
Successful
completion of a college or university course in the area of
professional
land surveying, related sciences or surveying ethics. One semester credit hour of course work is equivalent to 20 professional development hours and one quarter credit hour of course work is equivalent to 13.5 professional development hours.
(2)
(c
)
Successful
completion of
professional
land surveying courses or programs offering professional development hours on
professional
land surveying topics.
(2)
(
d
)
Active participation and successful completion of
professional
land surveying programs, seminars, tutorials, workshops, short courses or in-house courses.
(2)
(
g
)
Authoring
professional
land surveying related papers or articles that appear in circulated journals or trade magazines. Credit is earned in the biennium of publication. A maximum of 5 professional development hours per renewal will be awarded for this activity.
(4)
A
professional
land surveyor who fails to meet the continuing education or professional development hours by the renewal date, as specified in s.
440.08 (2) (a) 39.
, Stats., may not engage in the practice of
professional
land surveying until the
registration
licensure
is renewed based upon proof of compliance with the continuing education requirements.
S
ection
35.
A-E 10.04
(1) (a) and (c), (2)
(intro.) and
(e), (3)
,
and (4) are amended to read:
A-E 10.04 (1)
(a)
The program includes instruction in an organized method of learning contributing directly to the professional competency of the
registrant
licensee
and pertains to subject matters which integrally relate to the practice of the profession.
(1)
(c) The program provides proof of attendance by the
registrants
licensee
and fulfills pre-established goals and objectives.
(2)
The
professional
land surveyor section may approve providers for continuing education programs including the following:
(2)
(
e
)
Colleges, universities or other educational institutions approved by the
professional
land surveyor section.
(3)
An advisory committee selected by the
professional
land surveyor section will make recommendations as to approval of courses, credit, PDH value for courses and other methods of earning credit.
(4)
Credit for college or technical school courses approved by the
professional
land surveyor section shall be based upon course credit established by the college or technical school.
S
ection
36.
A-E 10.04 (2) (d) is repealed.
S
ection
37
.
A-E 10.05
(1) to (5)
is
amended to read:
A-E 10.05
(1)
Each
registrant
licensee
shall certify on the renewal application full compliance with the continuing education requirements set forth in this chapter.
(2)
The
professional
land surveyor section may conduct a random audit of its
registrants
licensees
on a biennial basis for compliance with these requirements. It is the responsibility of each
registrant
licensee
to retain or otherwise produce evidence of compliance.
(3)
The
professional
land surveyor section may require additional evidence demonstrating compliance with the continuing education requirements, including a certificate of attendance or documentation of completion or credit for the courses completed.
(4)
If there appears to be a lack of compliance with the continuing education or professional development requirements, the
professional
land
surveyor section shall notify a
registrant
licensee
in writing and request submission of evidence of compliance within 30 days of the notice.
(5)
The
professional
land surveyor section may require a
registrant
licensee
to appear for an interview to address any deficiency or lack of compliance with the continuing education or professional development requirements.
S
ection
38
.
A-E 10.06 (intro.) is amended to read:
A-E 10.06 Recordkeeping.
It shall be the responsibility of the
registrant
licensee
to maintain records of continuing education or professional development hours for at least 2
bienniums
from the date the certificate or statement of attendance is signed. The recordkeeping shall include all of the following:
S
ection
39
.
A-E 10.07
(1)
and (2) (d) are
amended
to read:
A-E 10.07
(1)
A renewal applicant seeking renewal of
registration
licensure
without having fully complied with the continuing education requirements shall file a renewal application along with the required fee, and a statement setting forth the facts concerning non-compliance and requesting a waiver of the requirements. The request for waiver shall be made prior to the renewal date. Extreme hardship shall be determined on an individual basis by the
professional
land surveyor section. If the
professional
land surveyor section finds from the affidavit or any other evidence submitted that extreme hardship has been shown, the
professional
land surveyor section shall waive enforcement of the continuing education requirements for the applicable renewal period.
(2)
(
d
)
A retirement from the occupation of
professional
land surveying whereby the renewal applicant no longer
receives remuneration from providing
provides professional
land surveying services.
S
ection
40
.
A-E 10.08 is
amended
to read:
A-E 10.08 Comity.
An applicant for registration from another state who applies for registration to practice
professional
land surveying under s.
A-E 6.06
, shall submit proof of completion of continuing education obtained in another jurisdiction within the 2 years prior to application.
Section
41
.
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.
