RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE ARCHITECT LICENSURE BOARD
[49 PA. CODE CH. 9]
Examination Fees
[26 Pa.B. 5101] The State Architect Licensure Board (Board) amends Chapter 9 (relating to State Architects Licensure Board), pertaining to increased fees for examinations for licensure to read as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a), and sections 6(c), 8(c) and 11 of the Architects Licensure Act (act) (63 P. S. §§ 34.6(c), 34.8(c) and 34.11), examinations for licensure shall be prepared and administered by a professional testing organization under contract to the Board. The Board utilizes the examination of the National Council of Architectural Registration Boards (NCARB). The NCARB consists of the licensing boards of all 50 states, the District of Columbia and United States territories and possessions. The NCARB and its Canadian counterpart, the Committee of Canadian Architectural Councils, have jointly developed a computer-based examination to replace the written (pencil and paper) examination known as the ARE. The last 4-day pencil and paper examination was given in June 1996. Beginning in February 1997, the NCARB will offer the ARE in computerized format. The examination will be offered year-round at a network of computer-based test centers by a professional testing organization under contract with the NCARB. Candidates eligible to take the examination under §§ 9.41--9.49a may now schedule any division of the ARE at anytime in any order at available test centers.
These amendments reflect the replacement of the pencil-and-paper ARE with the computer-delivered ARE. The amendments to § 9.3 (relating to fees) establish new examination fees and reflect changes in examination nomenclature. The fees will be the actual charges of NCARB to schedule a candidate to take the examination. The two parts of former Division B: Site Design are combined and renamed Site Planning; former Division C: Building Design has been divided into two parts; Building Planning and Technology. Section 9.118 (relating to NCARB standard examination; transition candidate) is amended to add new subsections which provide for transition candidates who have already started, but not completed the examination process.
In addition, the Board has amended §§ 9.41, 9.82, 9.86, 9.111, 9.113, 9.114, 9.117 and 9.118 to reflect changes in the available dates and locations of the examinations and procedures to schedule and take the examination. Also, the Board has deleted §§ 9.44, 9.85 and 9.112 since these procedures and provisions apply to the written form ARE. Computer-based examinations may be taken at any available location where the ARE is administered.
Public notice of intention to adopt the amendments under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL), has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by the amendments have been given actual notice of the Board's intention to amend the regulations in advance of final rulemaking under section 204(2) of the CDL.
Compliance with Executive Order 1996-1
The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulations address a compelling public interest as described in this Preamble and otherwise comply with Executive Order 1996-1.
Statutory Authority
These amendments are adopted under section 812.1 of The Administrative Code of 1929 and sections 6(c), 8(c) and 11 of the act.
Fiscal Impact and Paperwork Requirements
The amendments will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay an increased fee to cover contract costs for the examination.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), a copy of the amendments was submitted on September 13, 1996, to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. In addition, at the same time, the amendments were submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5(c) of the Regulatory Review Act, the amendments were approved by the House and Senate Committees on October 1, 1996, and September 25, 1996, respectively, and by IRRC on October 3, 1996.
Additional Information
Individuals who desire information are invited to submit inquiries to Kathleen Davis, Board Administrator, State Architects Licensure Board, P. O. Box 2649, Harrisburg, PA 17105-2649, telephone number (717) 783-3398.
Findings
The Board finds that:
(1) Public notice of intention to amend the regulations as adopted by this order under the procedures specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL, because the Board has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL is, in this circumstance, unnecessary, because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination.
(2) Persons affected by the amendments as adopted by this order have been given actual notice of the Board's intention to amend the regulations in advance of final rulemaking under section 204(2) of the CDL.
(3) The amendment of the regulations of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 9, are amended by amending §§ 9.2, 9.3, 9.41, 9.82, 9.86, 9.111, 9.113, 9.114, 9.117 and 9.118 and by deleting §§ 9.44, 9.85 and 9.112 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The President of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The President of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
DENNIS L. ASTORINO,
President(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 26 Pa.B. 5181 (October 26, 1996).)
Fiscal Note: 16A-412. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 9. STATE ARCHITECTS
LICENSURE BOARD
GENERAL PROVISIONS § 9.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ARE--Architect Registration Examination
* * * * * § 9.3. Fees.
The cost of the ARE is $980. The fee for each portion is:
Predesign $ 92 Site Planning $129 Building Planning $155 Building Technology $145 General Structures $108 Lateral Forces $ 79 Mechanical and Electrical $ 83 Material and Methods $ 90 Construction Documents and Services $ 99
REGISTRATION BY EXAMINATION § 9.41. General requirements.
Registration may be granted to an applicant who has successfully passed the ARE examination. The subject matter is described in detail in the NCARB's Circular of Information No. 2 which is available from the Board or from the National Council of Architectural Registration Boards, 1735 New York Avenue, N. W., Suite 700, Washington, D. C. 20006.
§ 9.44. (Reserved).
APPLICATION PROCEDURES § 9.82. Forms and fees.
Application shall be made on forms furnished and in the manner prescribed by the Board. Examination fees shall be payable as specified in the application. Applications shall be submitted to the address indicated on the application and within deadlines established by the Board and specified on the application.
§ 9.85. (Reserved).
§ 9.86. Expiration of application.
After an applicant is notified that he is eligible to sit for examination, the Board will provide the NCARB with written authorization to test the candidate. Under § 9.27 (relating to inactive records), the authorization to test is valid for 5 years from the date a candidate is declared eligible to take the examination.
EXAMINATION § 9.111. Dates of examination.
The ARE shall be given on dates and in the form as made available to the Board by the NCARB.
§ 9.112. (Reserved).
§ 9.113. Location of examination site.
The ARE shall be given at locations determined by the Board in conjunction with the NCARB.
§ 9.114. Due notice.
A candidate eligible to take the examination will be given due notice of the date, time and place of examinations and will be given specific preexamination instructions. Candidates may schedule and reschedule examinations in accordance with NCARB Administration Procedures. The NCARB will notify candidates of scheduling deadlines and costs of rescheduling at the time the candidate first is scheduled to take the examination.
§ 9.117. Proctors.
The professional testing organization will arrange for proctors at an examination whose duty it is to administer the conduct of the examination. Candidates will be given specific instructions as to conduct which will be deemed to constitute suspected cheating. A candidate found to have engaged in suspected cheating shall be dismissed from the examination. Proof of the activity may result in disqualification to sit for future examinations.
§ 9.118. NCARB standard examination; transition candidate.
(a) The examination will be the ARE in computer-administered form as adopted by the NCARB.
(b) A candidate who did not successfully complete the entire examination in written format will be required to complete only the computer-administered portions which were not successfully completed in written format.
(1) A candidate who has not passed both parts of Division B: Site Design on or before June 30, 1996, will be required to successfully complete the Site Planning part.
(2) A candidate who did not successfully complete Division C: Building Design on or before June 30, 1996, will be required to successfully complete the Building Planning and Building Technology parts.
[Pa.B. Doc. No. 96-1788. Filed for public inspection October 25, 1996, 9:00 a.m.]
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