PROPOSED RULEMAKING
STATE BOARD OF LANDSCAPE ARCHITECTS
[49 PA. CODE CH. 15]
Deletion of Examination Fees
[33 Pa.B. 5740] The State Board of Landscape Architects (Board) proposes to amend §§ 15.1, 15.11, 15.12, 15.51, 15.52 and 15.53 to read as set forth in Annex A. The proposed rulemaking is designed to remove specific references to details of the landscape architect licensure examination process to clarify the procedures, eliminate obsolete procedures and allow the regulations to remain viable for a longer term as specific items such as fees and dates change. The proposed rulemaking deletes references to the fees charged by testing organizations from the schedule of fees for the examination and directs applicants for examination to apply and pay fees directly to the professional testing organization. The proposed rulemaking also deletes references to the specific title of the examination currently in use. The proposed rulemaking also deletes Board testing protocols and recordkeeping practices which are obsolete, as these functions are now provided by the testing administrator, rather than by the Board.
Effective Date
The proposed rulemaking is effective on final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Section 812.1 of The Administrative Code of 1929 (code) (71 P. S. § 279.3a) and section 4 of the Landscape Architects' Registration Law (63 P. S. § 904) set forth the powers and duties of the Board with regard to the administration of examinations.
Background and Need for Proposed Rulemaking
The proposed rulemaking deletes references to the fees for the licensing examination procedures and makes clear the fees are set by the professional testing organizations. The proposed rulemaking also clarifies that examination applicants should apply to the professional testing organization and not to the Board.
Description of Proposed Rulemaking
Provision and Submission of Applications
The proposed amendment to § 15.1 (relating to definitions) deletes the definition of ''LARE.'' By referencing the examination generically, the Board would not need to amend its regulations each time the particular examination changes, which it has had to do in the past. The proposed amendment to § 15.11 (relating to filing procedures) reflects that applicants apply to the professional testing organization, not the Board, to take the examination. The professional testing organization determines a candidate's eligibility to take the exam and administers the examination to eligible candidates. Section 812.1 of the code requires that the licensing examination be prepared and administered by a professional testing organization. This proposed amendment clears confusion that may result from the existing regulations that are unclear about where examination applicants should file their applications. The proposed amendment to § 15.11 also makes clear that application deadlines are set by the testing administrator and not by the Board. The proposed amendment incidentally simplifies the procedure for filing registration applications and removes a reference to refunds of exam fees and licensure fees.
Elimination of References to Examination Fees
The proposed amendment to § 15.12 (relating to fees) deletes references to the fees for licensure examination. These fees are set by the administrators of the examinations, not by the Board. To avoid the necessity of amending the regulations whenever the examination administrator changes the fees, the Board proposes to delete references to the fees.
Examination Dates, Testing Procedures and Grading
The proposed rulemaking deletes obsolete language in § 15.51 (relating to eligibility) that states that the examination will be given in June. The Council of Landscape Architectural Registration Boards (CLARB) now administers parts of the examination at least two times per year. The proposed amendment also deletes references to a ''written examination'' so that the regulations do not have to be amended as the technology of examination evolves. The Board also proposes to delete references to admittance and recordkeeping protocols that are established by the CLARB and not by the Board.
The proposed rulemaking deletes § 15.52 (relating to examination procedure). The first sentence is unnecessary, as the Board's obligation to provide third party testing is statutory. Section 15.52(b) and § 15.53(a) (relating to grading) are proposed to be deleted as the testing administrator, not the Board, establishes testing protocols, including proctoring and grading.
Fiscal Impact
The proposed rulemaking will have no fiscal impact on the Board or its licensees. The proposed rulemaking should have no fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed rulemaking will avoid preparation of new regulations each time that an examination fee is changed and should not create additional paperwork for the private sector.
Sunset Date
The Board monitors its regulations on a continuing basis. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 12, 2003, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Shirley Klinger, Administrator, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
DANIEL J. DAHLKEMPER, RLA,
ChairpersonFiscal Note: 16A-617. 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 15. STATE BOARD OF LANDSCAPE ARCHITECTS
GENERAL PROVISIONS § 15.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * [LARE--The Landscape Architect Registration Examination of CLARB approved by the Board as the landscape architecture examination.]
* * * * *
APPLICATION PROCEDURES § 15.11. Filing procedures.
* * * * * (b) An application shall be [made] submitted on forms [furnished and in the manner prescribed] provided by the Board[, and shall be accompaniedby the required fee, certified check, cashier's check or money order made payable to ''Commonwealth of Pennsylvania.'' Applicants may not send cash. Refund policies for application and examination fees shall be as specified in the application] along with the appropriate fee.
(c) An application for examination shall be submitted [by February 10] directly to the professional testing organization along with the fee in accordance with the deadline provided by the professional testing organization.
* * * * * § 15.12. Fees.
Following is the schedule of fees charged by the Board:
(1) [Application for examination $40 (2)] Application for licensure under § 15.54(b)(1), (2) and (3) or § 15.56(a)(3) $60 [(3)] (2) * * *
[(4)] (3) * * *
[(5)] (4) * * *
[(6) Administration of examination for one section or more $45 (7)] (5) * * *
[(8)] (6) * * *
[(9)] (7) * * *
[(10)] (8) * * *
[(11)] (9) * * *
[(12)] (10) * * *
EXAMINATIONS § 15.51. Eligibility.
An applicant qualifying under section 6(b) of the act (63 P. S. § 906(b)) is eligible to take the regular examination which will be [a written] an examination administered on the dates and times and at the places established by the [Board] professional testing organization. A copy of the instructions will be furnished to the applicant.
(1) [Yearly examination] Examination. The [LARE] examination will be given [in June on a date selected by CLARB] on dates selected by the professional testing organization.
* * * * * (4) [Admittance. An applicant shall present his admission letter and photograph identification to the proctor for admittance to the examination.
(5)] * * *
[(6) Inactive record. Records of applicants for registration that are inactive for 5 years will be destroyed. A record will be considered inactive if an applicant has taken the examination, has failed one or more parts of the examination and has failed to retake those failed parts of the examination for 5 years, or if an applicant has been declared eligibleto sit for the examination and fails to sit for the examination for 5 years.]
§ 15.52. [Examination procedure] (Reserved).
[(a) Examination of applicants. The Board, in consultation with the Bureau, will contract for the preparation, administration and evaluation of its licensure examination.
(b) Proctors. The professional testing organization will arrange for proctors to administer the conduct of the examination. The proctor shall confiscate the examination paper of the applicant found copying, photographing or using unauthorized materials. The applicant shall be dismissed from the examination and may be disqualified from future examinations.]
§ 15.53. Grading.
(a) [The examination will be graded using procedures developed by CLARB in consultation with a professional testing organization under contract to the Bureau.] Test results will be recorded by the Board in a permanent record of the applicant.
* * * * *
[Pa.B. Doc. No. 03-2231. Filed for public inspection November 21, 2003, 9:00 a.m.]
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