RULES AND REGULATIONS
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF LANDSCAPE ARCHITECTS
[49 PA. CODE CH. 15]
Deletion of Examination Fees
[34 Pa.B. 4684] The State Board of Landscape Architects (Board) amends §§ 15.1, 15.11, 15.12, 15.51, 15.53, 15.56 and 15.57 to read as set forth in Annex A.
A. Effective Date
The final-form rulemaking takes effect upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
Section 812.1 of The Administrative Code of 1929 (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.
C. Background and Purpose
The final-form rulemaking deletes references to the fees for the licensing examination and makes clear the fees are set by the professional testing organizations. The final-form rulemaking also clarifies that examination applicants should apply directly to the professional testing organization and not to the Board. It also deletes Board testing protocols and recordkeeping practices that are obsolete.
In addition, the final-form rulemaking has been amended to include a definition of ''examination'' in § 15.1 (relating to definitions) and §§ 15.56 and 15.57 (relating to registration without examination; and registration by endorsement) have been amended to delete references to the specific title of the examination currently in use.
D. Summary of Comments and Responses on Proposed Rulemaking
Notice of proposed rulemaking was published at 33 Pa.B. 5740 (November 22, 2003). Publication was followed by a 30-day public comment period during which the Board received no comments.
The Independent Regulatory Review Commission (IRRC), the House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not make any objections, comments or recommendations.
E. Fiscal Impact and Paperwork Requirements
This final-form rulemaking has no fiscal impact on the Board or its licensees. The final-form rulemaking has no fiscal impact on the private sector, the general public or political subdivisions. The final-form rulemaking avoids preparation of new regulations each time that an examination fee is changed and will not create additional paperwork for the private sector.
The final-form rulemaking will not impose any legal, accounting or reporting requirements on the regulated community.
F. Sunset Date
The Board continually monitors the effectiveness of its regulations through communication with the regulated population. 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 November 22, 2003, the Board submitted a copy of the notice of proposed rulemaking, published at 33 Pa.B. 5740, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 9, 2004, the final-form rulemaking was approved by the HPLC. On June 14, 2004, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on July 15, 2004, and approved the final-form rulemaking.
H. Contact Person
Further information can be obtained by contacting Shirley Klinger, Administrative Assistant, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-1389.
I. Findings
The Board finds that:
(1) Public notice of proposed rulemaking 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, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and no comments were received.
(3) The amendments to the final-form rulemaking do not enlarge the purpose of proposed rulemaking published at 33 Pa.B. 5740.
(4) The final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing acts identified in Part B of this preamble.
J. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 15, are amended by amending §§ 15.1, 15.11, 15.12, 15.51, 15.53, 15.56 and 15.57 and by deleting § 15.52 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) 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 take effect on publication in the Pennsylvania Bulletin.
DANIEL J. DAHLKEMPER,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 4082 (July 31, 2004).)
Fiscal Note: Fiscal Note 16A-617 remains valid for the final adoption of the subject regulations.
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:
Act--The Landscape Architects' Registration Law (63 P. S. §§ 901--913).
Approved institution or college--An institution accredited by the American Society of Landscape Architects' published list of accredited programs.
Board--The State Board of Landscape Architects.
CLARB--Council of Landscape Architects Registration Boards.
Comprehensive work sample--A work sample which the applicant submits to meet the experience requirements of the act. Work includes site and development plans, specifications and drawings, grading and drainage plans, layout plans, planting plans, stormwater management, plans and calculations, details and specifications and photographs of completed projects, cost estimating and supervision of construction.
Design professional--A landscape architect, a land surveyor, an architect or an engineer licensed by the Commonwealth.
Examination--The examination given by CLARB.
Grade and character satisfactory to the Board--A varied and increased level of experience and responsibility evidenced by a comprehensive work sample, technical knowledge and professional experience.
Responsible charge--Under section 2(5) of the act (63 P. S. § 902(5)), for experience to be satisfactory to the Board, it shall be progressive and of an increasing standard of quality and responsibility.
APPLICATION PROCEDURES § 15.11. Filing procedures.
(a) An application for registration shall be submitted to the State Board of Landscape Architects, Box 2649, Harrisburg, Pennsylvania 17105-2649.
(b) An application shall be submitted on forms provided by the Board along with the appropriate fee.
(c) An application for examination shall be submitted directly to the professional testing organization along with the fee in accordance with the deadline provided by the professional testing organization.
(d) The Board may credit an applicant's experience requirements 4 months in advance of the administration of the examination, if the applicant submits satisfactory certification to the Board that the applicant has attained the required experience during the interim period between the date of application and the date of examination.
§ 15.12. Fees.
Following is the schedule of fees charged by the Board:
Application for licensure under § 15.54(b)(1), (2) and (3) or § 15.56(a)(3) $60 Application for licensure and Board interview under § 15.54(b)(4) and 15.56(a)(1) or (2) $350 Application for licensure by endorsement $45 Application for temporary permit $45 Verification of licensure $15 Certification of licensure or scores $25 Duplicate certificate fee $5 Biennial registration fee $125 Provider application for continuing education course approval under § 15.74 (relating to approval of continuing education courses) $125 Licensee application for continuing education course
approval under § 15.77 (relating to licensee
application for approval of continuing education courses)$ 40 (per clock hour)
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 an examination administered on the dates and times and at the places established by the professional testing organization. A copy of the instructions will be furnished to the applicant.
(1) Examination. The examination will be given on dates selected by the professional testing organization.
(2) Examination sites. The examination will be given at locations as may be determined by the professional testing organization.
(3) Due notice. An applicant eligible to take the examination will be given notice of the date, time and place of examination and will be given specific preexamination instructions. An applicant shall immediately advise the professional testing organization specified on the preexamination instructions as to intent to sit or not to sit for the examination, once declared eligible.
(4) Forfeiture. An applicant who fails to sit for the examination, or any part of the examination, forfeits the examination fee and shall submit a new application fee.
§ 15.52. (Reserved).
§ 15.53. Grading.
(a) Test results will be recorded by the Board in a permanent record of the applicant.
(b) To qualify for registration, an applicant shall receive a passing grade on each part or division of the examination. An applicant will have unlimited opportunities to retake portions of the examination which were failed.
§ 15.56. Registration without examination.
(a) Requirements. An applicant who meets one or more of the following requirements is eligible for registration without examination:
(1) An individual who possesses 10 years of practical experience in landscape architecture, of a grade and character satisfactory to the Board, and who has graduated from an approved institution.
(2) An individual who possesses 15 years of practical experience in landscape architecture of a grade and character satisfactory to the Board.
(3) An individual who has passed the examination in another state with a score required by the Board and who has met the education experience requirements of the act.
(b) Procedure.
(1) Prior to issuing a license without examination, the Board will review the applicant's qualifications, and by a majority vote approve or disapprove the application.
(2) If an application has been disapproved, the Board may vote to allow the applicant to take the written examination.
§ 15.57. Registration by endorsement.
(a) General requirements. An applicant who has passed the examination, holds an unexpired license from another state or foreign country, has a graduate or undergraduate degree in landscape architecture from an approved institution or college and possesses 2 years of practical experience in landscape architecture of a grade or character satisfactory to the Board, may be granted registration by endorsement following the filing of an application and a Board review of the applicant's comprehensive work sample.
(b) Endorsement.
(1) An applicant who requests registration by endorsement shall submit with the application an official certification of registration in the applicant's home state, territory or country from the secretary of the examining or registration board or other certifying official, stating on what basis registration was granted, whether by oral or written examination or exemption, and whether the registration is in good standing at the time of the application for registration in this Commonwealth.
(2) An applicant who requests registration by endorsement shall submit with the application complete information relative to training, education and experience as may be required by the Board.
(c) Exception. An applicant who received a license from another jurisdiction, without having passed the examination, is not entitled to registration by endorsement.
[Pa.B. Doc. No. 04-1586. Filed for public inspection August 27, 2004, 9:00 a.m.]
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