RULES AND REGULATIONS
STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS
[49 PA. CODE CH 37]
Fees
[27 Pa.B. 2548] The State Registration Board for Professional Engineers, Land Surveyors and Geologists (Board) amends § 37.17 (relating to schedule of fees) pertaining to fees for the fundamentals of geology and the principles/practice of geology examinations for licensure of geologists as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) and section 4(d) of the Engineer, Land Surveyor and Geologist Registration Law (act) (63 P. S. § 151(d)), examinations for licensure must be prepared and administered by a professional testing organization under contract to the Board. The Board has contracted with the National Association of State Boards of Geology which will administer the licensure examination to Pennsylvania applicants in April and October.
At the time the regulation was adopted, the contract price was $175 for each of the geology examninations. This contract has been renogotiated to decrease each examination by $25. Section 37.17 is being amended accordingly. Applicants for the April examination have been notified of the reduced fee and have only been charged $150 for each examination.
Public notice of intention to amend § 37.17 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 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 examinations. Persons affected by this amendment have been given actual notice of the Board's intention to amend the regulation 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 regulation addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.
Statutory Authority
This amendment is adopted under section 812.1 of The Administrative Code of 1929 and sections 4(d) and 9(a) of the act (63 P. S. §§ 151(d) and 156(a)).
Fiscal Impact and Paperwork Requirements
The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. The amendment will have a beneficial fiscal impact upon members of the public inasmuch as candidates for licensure by examination will be required to pay $25 less for the cost of the examinations. There are no additional paperwork requirements.
Regulatory Review
Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on April 4, 1997, a copy of the amendment was submitted 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 amendment was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-526).
Under section 5(c) of the Regulatory Review Act, the amendment was approved by the Senate Consumer Affairs and Professional Licensure Committee on April 15, 1997, approved by the House Professional Licensure Committee on April 23, 1997, and approved by IRRC on May 1, 1997.
Additional Information
Individuals who desire information are invited to submit inquiries to Shirley S. Klinger, Board Administrator, State Registration Board for Professional Engineers, Land Surveyors and Geologists, Post Office Box 2649, Harrisburg, PA 17105-2649 (717) 783-7049.
Findings
The Board finds that:
(1) Public notice of intention to amend its regulation 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 procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary because section 812.1 of The Administrative Code of 1929 requires that a professional testing organization prepare and administer the geology examinations and that the costs of those examinations be passed on to the candidates.
(2) Persons affected by the regulation as adopted by this order have been or will be 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 37, are amended by amending § 37.17 to read as set forth in Annex A.
(b) The Chairperson 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 Chairperson 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.
JOHN M. BRINJAC, PE, PLS,
President(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2490 (May 17, 1997).)
Fiscal Note: 16A-474. 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 37. STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS
FEES § 37.17. Schedule of fees.
(a) Professional engineers and professional land surveyors. The Board will charge the following fees:
Examination for licensure as a professional engineer $105 Reexamination for licensure as a professional engineer $105 Professional Engineer Exam Review (Optional) $75 Examination for licensure as a professional land surveyor $187 Reexamination for licensure as professional land
surveyor:
Pennsylvania Fundamentals of Land Surveying Portion $42 N.C.E.E.S. Fundamentals of Land Surveying
Portion$40 N.C.E.E.S. Principles and Practice of Land Surveying $60 Administration (to be added to total parts taken at one sitting) $45 Examination for certification as engineer-in-training $75 (b) Professional geologists. The Board will charge the following fees: Application for registration $50 Biennial renewal fee $25 Temporary permit fee $25 Fundamentals of Geology Examination $150 Principles/Practice of Geology Examination $150 Examination access fee (to be added to each examination taken) $25 Administration (to be added total parts taken at one sitting) $45
[Pa.B. Doc. No. 97-827. Filed for public inspection May 23, 1997, 9:00 a.m.]
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