RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE ARCHITECTS LICENSURE BOARD
[49 PA. CODE CH. 9]
Biennial Renewal Fees
[31 Pa.B. 1744] The State Architects Licensure Board (Board) adopts an amendment to § 9.3 (relating to fees) by raising the biennial renewal fee for architects.
Notice of proposed rulemaking was published at 30 Pa.B. 2481 (May 20, 2000). Publication was followed by a 30-day public comment period during which the Board received no comments from the general public. Neither the House Professional Licensure Committee, nor the Senate Consumer Protection and Professional Licensure Committee made comments on the proposed amendment. The Independent Regulatory Review Commission (IRRC) sent a letter to the Board, stating it had no objections, comments or suggestions to offer on the proposed amendment.
A. Effective Date
The amendment will be effective upon publication of the final-form regulation in the Pennsylvania Bulletin.
B. Statutory Authority
The amendment is authorized under section 11 of the Architects Licensure Law (act) (63 P. S. § 34.11).
C. Background and Purpose
Section 11(b) of the act requires the Board to fix the fees required for renewal of licenses by regulation. In addition, section 11(a) of the act requires the Board to increase fees by regulation if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a 2-year period.
The Board last increased its biennial renewal fees on February 2, 1987. At the close of the 1997--1999 biennial period, the Board experienced a deficit of approximately $51,445.79. The Board estimates that it must generate revenues of about $725,100 to meet its anticipated expenditures for the July 1, 1999, through June 30, 2001, biennial period. In addition, since the Board incurred a biennial reconciliation deficit, the Board anticipates recovering that deficit during the July 1, 1999, through June 30, 2001, biennial period. The Board anticipates that the new fees plus the increased user fees which are being separately promulgated, will enable it to recapture the current deficit, meet its estimated expenditures for the 1999--2001 biennial cycle, and generate a surplus of approximately $264,637.08 of its biennial expenses at the end of the 1999--2001 biennial period.
D. Description of Amendment
The following table outlines the affected fee and change:
Application Current Fee New Fee Biennial renewal fee $50 $100 E. Compliance with Executive Order 1996-1
Copies were provided to those interested parties who requested an opportunity to provide input.
F. Fiscal Impact and Paperwork Requirements
The amendment increases the biennial renewal fee for architects in this Commonwealth; otherwise, it should have no fiscal impact on the private sector, the general public or political subdivisions.
The amendment requires the Board to alter some of its forms to reflect the new biennial renewal fees; however, the amendment should create no additional paperwork for the private sector.
G. Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 5, 2000, the Board submitted a copy of the notice of proposed rulemaking, published at 30 Pa.B. 2481, to IRRC and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee.
Publication of the notice of proposed rulemaking was followed by a 30-day public comment period during which the Board received no written comments from the public. Subsequent to the close of the public comment period, the Board received no comments from the Committees. The Board received no comments from IRRC.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745a(d)), on February 22, 2001, this final-form regulation was deemed approved by the House and Senate Committees, and approved by the Professional Licensure Committee on February 27, 2001. The amendment was deemed approved under 5.1(g) of the Regulatory Review Act effective February 28, 2001.
I. Further Information
Individuals who need information about the regulation may contact Roberta Silver, Counsel, State Architects Licensure Board, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7200.
J. Findings
The Board finds that:
(1) Public notice of intention to adopt a final-form regulation in 49 Pa. Code Chapter 9, was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law.
(3) This amendment does not enlarge the purpose of proposed rulemaking published at 30 Pa.B. 2481.
(4) The amendment of the Board is necessary and appropriate for the administration of the act.
K. Order
The Board therefore orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 9, are amended by amending § 9.3 to read as set forth at 30 Pa.B. 2481.
(b) The Board shall submit a copy of this order and 30 Pa.B. 2481 to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and 30 Pa.B. 2481 shall deposit them with the Legislative Reference Bureau as required by law.
(d) The regulations shall take effect immediately upon publication in the Pennsylvania Bulletin.
FRANK M. ADAMS,
ChairpersonFiscal Note: Fiscal Note 16A-415 remains valid for the final adoption of the subject regulation.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa. B. 1647 (March 24, 2001).)
[Pa.B. Doc. No. 01-548. Filed for public inspection March 30, 2001, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
