PROPOSED RULEMAKING
STATE ARCHITECTS LICENSURE BOARD
[49 PA. CODE CH. 9]
Fees
[29 Pa.B. 4170] The State Architects Licensure Board (Board) proposes to amend § 9.3 (relating to fees) by revising certain fees to read as set forth in Annex A.
A. Effective Date
The proposed amendment will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendment is authorized under section 11 of the Architects Licensure Law (63 P. S. § 34.11).
C. Background and Purpose
The Architects Licensure Law requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses of the Board are funded through biennial license renewal fees. Expenses related to applications or services which are provided directly to applicants are excluded from general operating revenues and are funded through fees in which the cost of providing a service forms the basis for the fee.
In a recent systems audit of the operations of the Board within the Bureau of Professional and Occupational Affairs, the fees for services to licensees and applicants were analyzed to determine if the fees reflected the actual cost of providing the services. Actual costs are based upon the following formula:
Number of minutes to perform the function
×
Pay rate for the classification of personnel performing the function
+
A proportionate share of administrative overheadThe analysis determined that certain fees currently charged by the Board were insufficient to capture the actual costs of providing the service, as follows: initial license application by exam; license by reciprocity with NCARB certification; license by reciprocity without NCARB Certification, (NCARB is the National Council of Architectural Registration Boards and NCARB certification provides information confirming the qualifications of licensees); license reactivation fee; and certification of registration or examination scores. Currently, no fees are charged by the Board for providing two services, verification of licensure or registration; and registration or modification of firm practice. Existing fees have not been revised since 1987.
In this proposal, fees for the services identified would be adjusted to allocate costs to those who use the service or application. The Board would continue to apportion its enforcement and operating costs to the general licensing population when the Board makes its biennial reconciliation of revenues and expenditures.
D. Compliance with Executive Order 1996-1
In accordance with the requirements of Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendment, the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.
E. Fiscal Impact and Paperwork Requirements
The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The proposed amendment will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
F. Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
G. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 22, 1999, the Board submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee (Committees). In addition to submitting the proposal, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendment, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Board, the General Assembly and the Governor, of objections raised.
H. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendment to Dorna Thorpe, Board Administrator, State Architects Licensure Board, 116 Pine Street, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-414 (Fees), when submitting comments.
ROBERT CROWNER,
PresidentFiscal Note: 16A-414. 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 § 9.3. Fees.
* * * * *
(b) Initial license $ [30] 40 (c) Reciprocal license with NCARB Certification $ [20] 30 Reciprocal license without NCARB Certification $ 50 (d) Certification of licensure, registration or scores $ [15] 25 (e) Biennial renewal of license $ 50 (f) Reactivation of lapsed or expired
license$ [5] 30 (g) Firm practice registration or modification $ 50 (h) License or registration
verification$ 15
[Pa.B. Doc. No. 99-1277. Filed for public inspection August 6, 1999, 9:00 a.m.]
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