PROPOSED RULEMAKING
STATE ARCHITECTS LICENSURE BOARD
[49 PA. CODE CH. 9]
Definitions and Fees
[34 Pa.B. 1948] The State Architects Licensure Board (Board) proposes to amend §§ 9.2 and 9.3 (relating to definitions; and fees) by defining ''sole proprietorship'' and clarifying which firm practices are subject to the annual renewal fee to read as set forth in Annex A.
A. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed rulemaking is authorized under section 6(a) of the Architects Licensure Law (act) (63 P. S. § 34.6(a)).
C. Background and Purpose
On January 4, 2003, the Board implemented a regulation that assesses a $50 annual renewal fee for registered architecture firms. All currently registered architecture firms received notice of this new regulation and an assessment of $100 (the fee is collected biennially). Under section 13(j) of the act (63 P. S. § 34.13(j)), this fee must be paid by partnerships, professional associations, professional corporations, business corporations, limited liability companies and limited liability partnerships. Although sole proprietorship is listed under section 13 of the act as an acceptable type of firm practice, it is excluded from the list of firm practices in section 13(j) of the act that are required to pay the annual renewal fee. However, sole proprietors received the annual renewal fee bill in error. Once the error was realized, a refund check was issued to those sole proprietors who paid the bill.
The proposed rulemaking, therefore, defines ''sole proprietorship'' and clarifies which firm practices are subject to the annual renewal fee.
D. Description of the Proposed Rulemaking
The Board proposes to amend § 9.2 to define sole proprietorship as ''a business in which an architect licensed in the Commonwealth owns all the assets and operates in his personal capacity.''
The Board further proposes amending § 9.3 to clarify that only partnerships, professional associations, professional corporations, limited liability companies and limited liability partnerships are subject to the annual renewal fee for registered architecture firms.
E. Fiscal Impact and Paperwork Requirements
The proposed rulemaking should have no fiscal impact on the Commonwealth or its political subdivisions. Likewise, the proposed rulemaking should not necessitate any legal, accounting, reporting or other paperwork requirements.
F. Sunset Date
The Board continuously monitors 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 March 30, 2004, 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.
H. Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Dorna Thorpe, State Architects Licensure Board, 2601 North Third Street, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
ANN SHEPARD HOUSTON,
PresidentFiscal Note: 16A-418. 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:
* * * * * Sole proprietorship--A business in which an architect licensed in this Commonwealth owns all the assets and operates in his personal capacity.
* * * * * § 9.3. Fees.
* * * * *
Annual renewal fee for registered [architecture firms] partnerships, professional associations, professional corporations, business corporations, limited liability companies and limited liability partnerships ($100 fee shall be assessed biennially) $ 50
[Pa.B. Doc. No. 04-606. Filed for public inspection April 9, 2004, 9:00 a.m.]
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