PROPOSED RULEMAKING
STATE BOARD OF LANDSCAPE ARCHITECTS
[49 PA. CODE CH. 15]
Application Fees
[29 Pa.B. 4355] The State Board of Landscape Architects (Board) proposes to amend § 15.12 (relating to fees) by revising certain application fees and making editorial changes to read as set forth in Annex A.
A. Effective Date
The proposed amendments will be effective upon publication of the final-form regulations in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendments are authorized under section 5 of the Landscape Architects' Registration Law (act) (63 P. S. § 905).
C. Background and Purpose
The act requires the Board to set fees by regulation so that revenues meet or exceed expenditures over a biennial period. General operating expenses of the Board are funded through biennial license renewal fees. Expenses related to applications or services which are provided directly to individual licensees or applicants are excluded from general operating revenues and are funded through fees in which the cost of providing the service forms the basis for the fee.
In a recent systems audit of the operations of the Board within the Bureau of Professional and Occupational Affairs, the fees for services to licensees and applicants were analyzed to determine if the fees reflected the actual cost of providing the services. Actual cost calculations are based upon the following formula:
number of minutes to perform the function
×
pay rate for the classification of personnel performing the function
+
a proportionate share of administrative overhead.The analysis determined that the fees for applications for licensure when a board interview is not required, licensure when a board interview is required, and certification of licenses or examination scores did not accurately reflect the actual cost of providing the services. Fees in these categories have not been revised since 1988, and current fees fell short of the cost to provide the service. Fees are also proposed for applications for temporary permits and verification of licensure. Temporary permits allow landscape architects licensed in another jurisdiction, whose standards for licensure are equivalent to those of the Commonwealth, to practice in this Commonwealth an aggregate of 30 days in 1 calendar year under section 8(2) of the act (63 P. S. § 908(2)), and the Board's regulation in § 15.23 (relating to practice by out-of-State landscape architects). The analysis determined that although the Board has been expending funds to review qualifications and extraterritorial standards, as well as to verify licensure, no fees had heretofore been charged. Rather, the costs had been absorbed by biennial renewal fees paid by all licensees. In this proposal, fees for the various services identified would be adjusted to allocate costs to those who apply for the services. The Board will continue to apportion its enforcement and operating costs to the general licensing population when the Board makes its biennial reconciliation of revenue and expenditures. Editorial changes are also proposed to better describe the fee changes in this proposal.
D. Description of Proposed Amendments
Section 6 of the act (63 P. S. § 906) and §§ 15.54 and 15.56 (relating to registration by examination; and registration without examination) outline seven routes to licensure as a landscape architect.
Four groups of candidates for licensure are not required to appear before the Board. Section 15.54(b)(1) provides for licensure by examination for an applicant who holds an undergraduate degree in landscape architecture and 2 years of practical experience. Section 15.54(b)(2) provides for licensure by examination for an applicant with an undergraduate degree in landscape architecture, 1 year of graduate education in landscape architecture and 1 year of practical experience. Section 15.54(b)(3) provides for licensure by examination for an applicant with an undergraduate degree in a subject other than landscape architecture, a graduate degree in landscape architecture and 2 years of practical experience. Section 15.56(a)(3) provides for licensure without examination for an applicant who has passed the examination in another state with a score approved by the Board and met the education and other practical experience requirements of the act.
Candidates applying for licensure in the following three categories must appear for a Board interview. Section 15.54(b)(4) provides for licensure by examination for an applicant with no applicable landscape architecture degree but 8 years of practical experience. Section 15.56(a)(1) provides for licensure without examination for an applicant with an undergraduate degree in landscape architecture and 10 years of experience. Section 15.56(a)(2) provides for licensure without examination for an applicant with no degree in landscape architecture but 15 years of practical experience.
Because the costs of review and approval involved in the first four categories are identical, the fee has been described as an application for licensure under § 15.54(b)(1), (2), (3) or § 15.56(a)(3). Likewise, because the costs to review and approve applications in the final three categories are identical, the fee designation is an application for licensure and Board interview under § 15.54(b)(4) or 15.56(a)(1) or (2).
Moreover, the costs to process applications for licensure by endorsement under section 6 of the act and § 15.57 (relating to registration by reciprocity) for applicants who are licensed in other jurisdictions whose standards for licensure are equivalent to those of the Commonwealth have remained consistent since 1988 at $45 per application. Accordingly, no fee change has been proposed for this service. Editorial changes are proposed to accurately describe the type of licensure and the fee. Current regulatory language in § 15.57 provides for registration by reciprocity. However, neither the act nor the section require reciprocal arrangements with other jurisdictions. Accordingly, the Board proposes to substitute the accurate term ''endorsement'' for ''reciprocity'' in § 15.57. Likewise, the current language in § 15.12 refers to a fee for ''application for licensure without examination with proof of licensure.'' The Board finds this description confusing and proposes that the fee be referred to simply as a fee for ''application for licensure by endorsement.''
E. Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendments the Board considered the least restrictive alternative to regulate costs for services requested by licensees and applicants.
F. Fiscal Impact and Paperwork Requirements
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The fees will have a modest fiscal impact on those members of the private sector who apply for services from the Board. The proposed amendments will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
G. Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 30, 1999, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed amendments, it will notify the Board within 10 days after the expiration of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the proposed amendments, by the Board, the General Assembly and the Governor, of objections raised.
I. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Shirley S. Klinger, Board Administrator, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-615 (Application Fees), when submitting comments.
DAVID M. DUTOT, L.A.,
ChairpersonFiscal Note: 16A-615. 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 A not administered Section B not 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] Application for licensure under § 15.54(b)(1), (2), (3) or 15.56(a)(3) $60 Application for licensure and Board interview under § 15.54(b)(4) or § 15.56(a)(1) or (2) $350 Application for licensure by endorsement $45 Application for temporary permit $45 Fee per section of licensing examination: June 1999: Section A $40 Section B $75 Section C $150 Section D $125 Section E $150 December 1999: Section A not administered Section B not administered Section C $160 Section D $130 Section E $160 June 2000: Section A $40 Section B $80 Section C $160 Section D $130 Section E $160 Administration of examination for one
section or more$45 Verification of licensure $15 Certification of licensure or scores $25 Duplicate certificate fee $5 Biennial registration fee $125
EXAMINATIONS § 15.57. Registration by [reciprocity] endorsement.
(a) General requirements. An applicant who has passed the LARE, 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 [reciprocal] registration by endorsement following the [filling] filing of an application and a Board review of the applicant's comprehensive work sample.
(b) [Reciprocal registration] Endorsement.
(1) An applicant who requests [reciprocal] registration by endorsement shall [be required to] 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 [reciprocal] 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 LARE examination, is not entitled to registration by [reciprocity] endorsement.
[Pa.B. Doc. No. 99-1323. Filed for public inspection August 13, 1999, 9:00 a.m.]
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