RULES AND REGULATIONS

STATE BOARD OF LANDSCAPE ARCHITECTS

[49 PA. CODE CH. 15]

Examination Fees

[29 Pa.B. 2295]

   The State Board of Landscape Architects (Board) amends § 15.12 (relating to fees) pertaining to examination fees for licensure of landscape architects, to read as set forth in Annex A.

   Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a) examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. The Board contracts with the Council of Landscape Architectural Registration Boards (C.L.A.R.B.) to provide the Landscape Architect Registration Examination (L.A.R.E.) to Pennsylvania applicants. Costs for examination services will increase slightly beginning with the December 1999 examinations. This rulemaking will update fees for examinations to applicants for licensure as landscape architects in accordance with the new costs.

   The rulemaking will also incorporate revised section designations which will be utilized beginning with the June 1999 L.A.R.E. administration. Alphabetical, rather than numerical, designations will identify the various sections of the L.A.R.E. A new Section C will replace old Sections 3 and 4 which were administered for the last time in December 1998. Applicants who have passed either Section 3 or Section 4, but not both, will be required to complete new Section C. Those who have passed both Sections 3 and 4 will be given credit for new Section C.

   The following chart summarizes the section designation changes.

Current (1998) L.A.R.E.
Equivalent	New (1999) L.A.R.E. Title
Section 1--Legal and Administrative Aspects of Practice	Section A--Legal and Administrative Aspects of Practice
Section 2--Analytical and Technical Aspects of Practice	Section B--Analytical Aspects of Practice
Section 3--Conceptualization and Communication; and Section 4--Design Synthesis	Section C--Planning and Site Design
Section 5--Integration of Technical and Design Requirements	Section D--Structural Considerations and Materials and Methods of Construction
Section 6--Grading and Drainage	Section E--Grading, Drainage and Storm Water Management

   Public notice of intention to amend the regulation under procedures in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL), has been omitted under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by this regulation, however, have been given actual notice of the Board's intention to adopt this regulation in advance of final rulemaking under section 204(2) of the CDL.

Compliance with Executive Order 1996-1

   The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1 (relating to regulatory review and promulgation). This rulemaking addresses a compelling public interest as described in this Preamble and otherwise complies with Executive Order 1996-1.

Statutory Authority

   This rulemaking is proposed under section 812.1 of The Administrative Code of 1929 and sections 4(2) and (9) and 5(a) of the Landscape Architects' Registration Law (63 P. S. §§ 904(2) and (9) and 905(a)).

Fiscal Impact and Paperwork Requirements

   This rulemaking will have no fiscal impact on the Commonwealth or its political subdivisions. Applicants for the licensure examinations will be required to pay slightly increased fees to cover contract costs for the examinations.

   This rulemakming will not create new paperwork requirements for the Commonwealth, its political subdivisions or the private sector.

Regulatory Review

   Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on March 10, 1999, a copy of this rulemaking was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Committee on Consumer Protection and Professional Licensure and the House Committee on Professional Licensure. At the same time, a copy of this rulemaking was submitted to the Office of Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   Under section 5.1(d) of the Regulatory Review Act, this rulemaking was approved by the House Committee on March 23, 1999, and deemed approved by the Senate Committee on March 30, 1999. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 8, 1999 and approved the rulemaking.

Additional Information

   Individuals who desire information may submit inquiries to Shirley S. Klinger, Board Administrator, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 772-8528.

Findings

   The Board finds that:

   (1)  Public notice of intention to amend the regulation as adopted by this order under sections 201 and 202 of the CDL has been omitted under section 204(3) of the CDL because the Board has, for good cause, found that the procedures in sections 201 and 202 of the CDL are, in this circumstance, unnecessary, inasmuch as section 812.1 of The Administrative Code of 1929 requires that applicant fees cover the cost of the examination.

   (2)  Persons affected by the regulation as adopted by this order have been given actual notice of the Board's intention to amend the regulations in advance of final rulemaking under section 204(2) of the CDL.

   (3)  The amendment of the regulation of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.

   The Board, acting under its authorizing statutes, orders that:

   (a)  The regulations of the Board, 49 Pa. Code Chapter 15, are amended by amending § 15.12 to read as set forth in Annex A.

   (b)  The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.

   (c)  The Chairperson of 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 become effective upon publication in the Pennsylvania Bulletin.

DAVID M. DUTOT, L.A.,   
Chairperson

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 29 Pa.B. 2195 (April 24, 1999).)

   Fiscal Note: 16A-614. 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

APPLICATION PROCEDURES

§ 15.12.  Fees.

   Following is the schedule of fees charged by the Board:

(1)  Application for examination	$40
(2)  Certification of licensure or scores	$15
(3)  Fee per section of licensing examination:
(i)  June 1999:
Section A	$40
Section B	$75
Section C	$150
Section D	$125
Section E	$150
(ii)  December 1999:
Section Anot administered
Section Bnot administered
Section C	$160
Section D	$130
Section E	$160
(iii)  June 2000:
Section A	$40
Section B	$80
Section C	$160
Section D	$130
Section E	$160
(4)  Administration of examination for one section or more	$45
(5)  Application for licensure without examination:
(i)  With proof of licensure	$45
(ii)  Without proof of licensure	$255
(6)  Duplicate certificate fee	$5
(7)  Biennial registration fee	$125

[Pa.B. Doc. No. 99-702. Filed for public inspection April 30, 1999, 9:00 a.m.]

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