PROPOSED RULEMAKING
STATE BOARD OF
CRANE OPERATORS
[49 PA. CODE CH. 6]
Licensure by Endorsement—Crane Operators
[52 Pa.B. 1978]
[Saturday, April 2, 2022]The State Board of Crane Operators (Board) proposes to add §§ 6.16 and 6.17 (relating to licensure by endorsement; and provisional endorsement license) to read as set forth in Annex A.
Effective Date
This proposed rulemaking will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
The provisions of 63 Pa.C.S. § 3111 (relating to licensure by endorsement) require licensing boards to issue a license, certificate, registration or permit to an applicant to allow practice in this Commonwealth provided the applicant meets the following criteria: holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth; demonstrates competency; has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice that profession or occupation in this Commonwealth, unless the Board determines such conduct is not an impediment to granting the license, certificate, registration or permit; is in good standing and has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit, unless the board or commission determines such conduct is not an impediment to granting the license, certificate, registration or permit; and the applicant pays fees, as established by regulation. Additionally, 63 Pa.C.S. § 3111 authorizes boards to issue a provisional license, certificate, registration or permit while an applicant is satisfying remaining requirements for licensure by endorsement, for which the Board must set by regulation the terms of expiration.
The act of July 1, 2020 (P.L. 575, No. 53) added 63 Pa.C.S. § 3111 as part of the consolidation of the act of July 2, 1993 (P.L. 345, No. 48) (Act 48) into 63 Pa.C.S. Chapter 31 (relating to powers and duties). The text of 63 Pa.C.S. § 3111 was originally added to Act 48 by the act of July 1, 2019 (P.L. 292, No. 41).
Background and Need for the Amendments
This proposed rulemaking is needed to effectuate 63 Pa.C.S. § 3111, which requires the Board to issue a license to applicants who meet the requirements for licensure by endorsement as set forth in 63 Pa.C.S. § 3111. Under 63 Pa.C.S. § 3111, the Board must determine whether standards for licensure are substantially equivalent to or exceed those established by the Board. Additionally, 63 Pa.C.S. § 3111 requires the Board to determine the methods of competency, including completion of continuing education or experience in the profession or occupation for at least 2 years of the 5 years immediately preceding the filing of the application, and must establish, by regulation, the expiration of a provisional endorsement license. This proposed rulemaking sets forth the criteria for eligibility for licensure by endorsement, including the specific methods required for an applicant to demonstrate competency as well as requirements for granting a provisional endorsement license. The fee for submission of an application for licensure by endorsement is the same fee set for the initial licensing application fee under § 6.4(a) (relating to fees).
An exposure draft of the proposed annex was sent out to stakeholders on July 8, 2020. On August 7, 2020, comments were received from the National Commission for the Certification of Crane Operators (NCCCO). NCCCO recommended that the Board include the Occupational Safety and Health Administration's (OSHA) language regarding government-issued licenses in 29 CFR 1926.1427(c) (relating to operator training, certification, and evaluation) as a component of being considered substantially equivalent, including: a written exam, a practical (hands-on) exam, exams covering the topics in 29 CFR 1926.1427(j)(1) and (2), a determination by the entity overseeing the licensure program that it meets OSHA's requirements, and an official statement from the other jurisdiction's licensing body that it has been deemed compliance would be ideal in this regard. Under the substantial equivalent requirement of § 6.16(a)(1) of this proposed rulemaking, the Board will review all the requirements for licensure in the jurisdiction from which the applicant has received licensure. The Board is aware of OSHA's requirements and is required to implement Federal mandates when reviewing applications. As it currently does for all applications, the Board will ensure that all the necessary components of the original licensing jurisdictions certification, including a written and practical exam and other OSHA requirements, are included as part of that certification.
The next comment recommended that the Board include additional language to assure that the Board only considers a ''license, certification, registration or permit'' issued in another jurisdiction as substantially equivalent if the certifying agency accepted in the jurisdiction that issued the licensee, certificate, registration or permit was ''[a]ccredited by the American National Standards Institute (ANSI) or the National Commission for Certifying Agencies (NCCA) at the time of the issuance of the certification.'' This suggestion has already been established in the definitional sections of section 102 of the Crane Operator Licensure Act (act) (63 P.S. § 2400.102), and § 6.2 (relating to definitions) of the Board's regulations, which are applicable to any applications made under this new provision. NCCCO also recommended that the Board ''[i]nclude a reference to 29 CFR 1926.1427(c)(1)—(c)(4) 'Operator certification or licensing,' within § 6.16(a)(1)(i).'' In response, the Board notes that the Board will be reviewing the requirements of the original licensing jurisdiction to ensure that the applicant is eligible to receive a license in this Commonwealth in accordance with the requirements of the act and current regulations, and the licensure process of the other jurisdiction is substantially equivalent of that of the Commonwealth. The referenced CFR section is included in the substantial equivalent standards referenced in § 6.16(a)(1). The Board is duty-bound to enforce and implement Federal requirements that must be met and will continue to do so for all applications, including licensure by endorsement applications. Accordingly, the Board does not believe it is necessary to add these provisions as doing so would be duplicative.
Description of the Proposed Amendments
Proposed § 6.16 would establish the definition of ''jurisdiction'' as to be applied in any applications made under this new section and requires an applicant to satisfy six criteria required for licensure by endorsement. The first criterion, as set forth in § 6.16(a)(1), requires an applicant to provide proof of a current license, certification, registration or permit in good standing to practice in another jurisdiction whose standards are substantially equivalent to or exceed standards under section 502 of the act (63 P.S. § 2400.502) and § 6.11 (relating to general requirements). Section 6.16(a)(1)(i) further requires an applicant to submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit. This proposed rulemaking would also require that the copy of the applicable law, regulation or other rule include the enactment date. Additionally, because 63 Pa.C.S. § 3111 is applicable to territories and other countries that use languages other than English, where the applicable law, regulation or other rule is in a language other than English, the Board would require, at the applicant's expense, translation of the applicable law, regulation or other rule by a professional translation service.
Proposed subsection (a)(2) would require demonstration of competency. Under this provision, an applicant must provide proof of competency by demonstrating experience in the practice of the profession. To demonstrate competency by experience, an applicant must demonstrate active engagement in the practice of crane operation for at least 2 years of the 5 years immediately preceding the filing of the application in the jurisdiction that issued the license, certificate, registration or permit.
Proposed subsection (a)(3) and (4) would incorporate the statutory prohibitions in 63 Pa.C.S. § 3111 pertaining to conduct that would constitute grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice the profession or occupation and prior discipline by the jurisdiction that issued the license.
Proposed subsection (a)(5) would provide for payment of an application fee, as required under 63 Pa.C.S. § 3111(a)(5). The applicable fee for licensure by endorsement under 63 Pa.C.S. § 3111 is the same fee set for the initial licensing application fee under § 6.4(a) of the Board's current fee schedule of $100.
Next, proposed subsection (a)(6) would require the applicant to apply for licensure in accordance with the act and Chapter 6 (relating to State Board of Crane Operators) in the manner and format prescribed by the Board.
In proposed § 6.16(b), the Board may require a personal interview or additional information to assist the Board in determining eligibility and competency. When a personal interview is necessary, the applicant may request the interview to be conducted by video teleconference for good cause shown.
As authorized by 63 Pa.C.S. § 3111(a)(3) and (4), § 6.16(c) gives the Board the discretion to determine that an act prohibited by § 6.16(a)(3) or (4) are not impediments to the granting of a license, certification, registration or a permit.
Consistent with section 63 Pa.C.S. § 3111(b), proposed § 6.17 would provide that the Board, in its discretion, may issue a provisional endorsement license while an applicant is satisfying remaining requirements of 63 Pa.C.S. § 3111 and proposed § 6.16. Section 6.17(b) would set the expiration of a provisional endorsement license at 1 year, unless the Board determines that an expiration date of less than 1 year is appropriate. Additionally, upon a written request, the Board may extend the term of the license on a showing of good cause. Section 6.17(c) would set forth reasons for which a provisional endorsement license will be terminated by the Board, including when the Board denies or grants a license, or the provisional endorsement licensee fails to comply with the terms of a provisional endorsement license. Finally, § 6.17(d) would clarify that while an individual may reapply for a license by endorsement under § 6.16, the Board will not issue a subsequent provisional endorsement license to an applicant who previously held a provisional endorsement license that expired or was terminated.
Fiscal Impact and Paperwork Requirements
This proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The costs to the Board related to processing applications for licensure by endorsement will be recouped through fees paid by applicants. Applicants who apply for licensure by endorsement will be impacted by the $100 application fee in § 6.4(a).
Sunset Date
The Board continuously monitors the cost effectiveness of the Board's regulations. 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 March 10, 2022, 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 comments, recommendations or objections to this proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) 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.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Dean F. Picarella, Board Counsel, P.O. Box 69523, Harrisburg, PA 17106-9523 or RA-STRegulatoryCounsel@pa.gov within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference 16A-7104 (Licensure by Endorsement), when submitting comments.
ANDREW S. GOULET,
ChairpersonFiscal Note: 16A-7104. 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 6. STATE BOARD OF CRANE OPERATORS
LICENSURE (Editor's Note: The following sections are proposed to be added and are printed in regular type to enhance readability.)
§ 6.16. Licensure by endorsement.
(a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) as a professional crane operator, an applicant shall provide proof satisfactory to the Board, that the applicant has met all of the following conditions:
(1) Has a current license, certification, registration or permit in good standing to practice as a professional crane operator in another jurisdiction whose standards are substantially equivalent to those established by the Board under section 502 of the act (63 P.S. § 2400.502) and § 6.11 (relating to general requirements). The following apply:
(i) An applicant must submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit.
(ii) If the applicable law, regulation or other rule is in a language other than English, at the applicant's expense, the applicable law, regulation or other rule shall be translated by a professional translation service and verified to be complete and accurate.
(iii) The copy of the applicable law, regulation or other rule must include the enactment date of law, regulation or other rule.
(2) Demonstrates competency by the following: experience in the profession of crane operating by demonstrating, at a minimum, that the applicant has actively engaged in the practice of crane operating under a license, certification, registration or permit in a substantially equivalent jurisdiction or jurisdictions for at least 2 years of the 5 years immediately preceding the filing of the application with the Board.
(3) Has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certification, registration or permit to practice crane operating under section 703(a) of the act (63 P.S. § 2400.703(a)) or § 6.41—6.44 (relating to disciplinary actions).
(4) Has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.
(5) Has paid the initial licensing application fee as required under § 6.4(a) (relating to fees) of the act.
(6) Has applied for licensure in accordance with this chapter in the manner and format prescribed by the Board.
(b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be required to submit additional information, including supporting documentation relating to competency and experience. The applicant may request an interview by video teleconference for good cause shown.
(c) Prohibited acts. Notwithstanding subsection (a)(3) and (4), the Board may, in its discretion, determine that an act prohibited under subsection (a)(3) or disciplinary action by a jurisdiction is not impediment to licensure under 63 Pa.C.S. § 3111.
(d) Definition. As used in this section, the term ''jurisdiction'' means a state, territory or country.
§ 6.17. Provisional endorsement license.
(a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying remaining requirements for licensure by endorsement under 63 Pa.C.S. § 3111 and § 6.16 (relating to licensure by endorsement).
(b) Expiration of a provisional endorsement license.
(1) An individual holding a provisional endorsement license may practice for up to 1 year after issuance of the provisional endorsement license. The Board, in its discretion, may determine that an expiration date of less than 1 year is appropriate.
(2) On a written request and a showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.
(c) Termination of a provisional endorsement license. A provisional endorsement license terminates if any of the following occurs:
(1) The Board completes its assessment of the applicant and either denies or grants the license.
(2) The holder of the provisional license fails to comply with the terms of the provisional endorsement license.
(d) Reapplication. An individual may reapply for licensure by endorsement under § 6.16 after expiration or termination of a provisional endorsement license. The individual may not be issued a subsequent provisional endorsement license.
[Pa.B. Doc. No. 22-492. Filed for public inspection April 1, 2022, 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.
