PROPOSED RULEMAKING
STATE ARCHITECTS LICENSURE BOARD
[49 PA. CODE CH. 9]
Examination Fees
[32 Pa.B. 1731] The State Architects Licensure Board (Board) proposes to amend §§ 9.3, 9.41, 9.46 and 9.49a; add §§ 9.41a, 9.51 and 9.52; and delete §§ 9.111, 9.113, 9.114, 9.116--9.118, 9.131 and 9.132 to read as set forth in Annex A.
A. Effective Date
The proposed amendments will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The proposed amendments are authorized under sections 8, 11 and 13 of the Architects Licensure Law (act) (63 P. S. §§ 34.8, 34.11 and 34.13).
C. Background and Purpose
Deletion of reference to the Architects Registration Examination (ARE) fee
The Board proposes to eliminate reference to the ARE examination fee over which the Board has no control or involvement. The ARE is a recognized uniform examination used throughout the United States. The General Assembly has indicated its preference for the recognition of National uniform examinations and grading services in accordance with section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a). The fee for the examination is established by the National examiner and communicated directly to the applicants. Applicants for the examination pay the examination fee directly to the National examiner. Thus, it is unnecessary and impractical for the Board to continue to publish the National examiner's examination fee in the Board's regulations.
In lieu of publishing the cost of the examination, the Board proposes to add § 9.41a (relating to adoption of National board examinations), which promulgates the adoption of National board examinations, including the fee established by the National Council of Architectural Registration Boards (NCARB).
Annual renewal fee for registered architecture firms
General operating and enforcement expenses of the Board are apportioned to the general licensee population through the collection of license renewal fees. Section 11(a) of the act requires the Board to increase fees by regulation if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a 2-year period.
Section 13(j) of the act states that the Board shall, by promulgation of rules and regulations, require that registered architecture firms file with the Board information concerning their officers, directors, partners, professional association board of governors, beneficial owners, members or managers and other aspects of their organization as the Board deems appropriate. This section also authorizes the Board to charge each registered architecture firm an annual filing fee in an amount determined by the Board.
No renewal fee has been established for architecture firms. The Board seeks to establish a renewal fee for renewing the registration of architectural firms, thereby causing licensed firms to contribute to the general operating and enforcement expenses of the Board.
The annual fee of $50 will be collected by the Board biennially. This means that, every 2 years, the Board will collect $100 from each registered architecture firm.
Examination and grading procedures
Section 8(c) of the act authorizes the Board to adopt the examination and recommended grading procedures adopted by NCARB. Because the adoption of NCARB's examination and grading procedures would eliminate the Board's role in the process, the Board proposes to delete regulations outlining its role in the administration of the examination.
D. Description of Amendments
Renewal fee for registered architecture firms
The following table outlines the affected fee and change:
Application Current Fee Proposed Fee Annual renewal fee $0 $ 50 for registered architecture firms Licensure by examination
Section 9.41 (relating to general requirements) informs candidates that the subject matter of the ARE examination is available from the NCARB.
Proposed § 9.41a includes of National board examinations, including the fee established by the NCARB.
Section 9.49a(a) (relating to diversified training requirements) informs candidates that information concerning the Intern Development Program (IDP) of the NCARB is available directly from the NCARB.
Section 9.49a(b) directs candidates to have the NCARB transmit a certificate of completion of IDP to the Board.
Grading and review
Sections 9.51 and 9.52 (relating to examination grading; and grading compilations) are identical to §§ 9.131 and 9.132 (relating to examination grading; and grading compilation). The Board proposes that these two sections become §§ 9.51 and 9.52, so that they will appear alongside the related regulations referring to licensure by examination and examination. Sections 9.131 and 9.132 would then be deleted.
Examination
Section 8(c) of the act authorizes the Board to adopt the examination and recommended grading procedures adopted by the NCARB. It is unnecessary to continue to publish §§ 9.111--9.118. The Board proposes that those sections of the regulations be deleted.
E. Compliance with Executive Order 1996-1
In compliance with Executive Order 1996-1, ''Regulatory Review and Compliance,'' in drafting and promulgating the proposed amendments, the Board considered the proposed amendments as both required by law and the least restrictive means of covering the costs of services required to be performed by the Board. Further, on July 27, 2001, the Board solicited input from the American Institute of Architects of Pennsylvania and the National Council of Architect Registration Boards.
F. Fiscal Impact and Paperwork Requirements
The proposed amendments will implement an annual renewal fee for registered architecture firms in this Commonwealth, but, otherwise, should have no fiscal impact on the private sector, the general public or political subdivisions.
The proposed amendments will require the Board to alter some of its forms to reflect the new fee; however, the proposed amendments should create no additional paperwork for 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 March 21, 2002, the Board submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and Senate Consumer Protection and Professional Licensure Committees. In addition to submitting the proposed rulemaking, 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.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Board within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. 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 objections raised.
I. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Dorna Thorpe, State Architects Licensure Board, 116 Pine Street, P. O. Box 2649, Harrisburg, PA 17105-2649, dthorpe@state.pa.us, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
ANN SHEPARD HOUSTON,
PresidentFiscal Note: 16A-416. 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 § 9.3. Fees.
[(a) The cost of the ARE is $980. The fee for each portion is:
Predesign $ 92 Site Planning $129 Building Planning $155 Building Technology $145 General Structures $108 Lateral Forces $ 79 Mechanical and Electrical $ 83 Material and Methods $ 90 Construction Documents and Services $ 99
(b)] Initial license $ 40 [(c)] Reciprocal license with NCARB Certification $ 30 Reciprocal license without NCARB Certification $ 50 [(d)] Certification of licensure, registration or scores $ 25 [(e)] Biennial renewal of license $100 [(f)] Reactivation of lapsed or expired license $ 30 [(g)] Firm practice registration or modification $ 50 requiring new corporate structure [(h)] License or registration verification $ 15 Annual renewal fee for registered
architecture firms$ 50 ($100 fee shall be assessed biennially)
LICENSURE BY EXAMINATION § 9.41. General requirements.
Licensure may be granted to an applicant who has successfully passed the ARE examination. The subject matter is [described in detail in the NCARB's Circular of Information No. 2 which is] available from the [Board or from the National Council of Architectural Registration Boards, 1735 New York Avenue, N.W., Suite 700, Washington, D.C. 20006] NCARB.
§ 9.41a. Adoption of National Board Examinations.
(a) The Board has adopted the ARE given by the NCARB. Candidates for examination shall obtain applications directly from the NCARB and pay the fee for the examination directly to the NCARB.
(b) Candidates shall comply with examination procedures and conduct standards as established by the NCARB.
§ 9.46. Requirements for examination eligibility.
(a) A candidate for the examination shall have:
* * * * * [(3)] (b) An architectural degree candidate applying for first time licensure is required to pass the entire professional licensure examination of the Board within 5 years of the date of [notice by the Board of] eligibility to take the examination. The Board may waive this requirement upon proof of medical hardship or other extraordinary circumstances.
§ 9.49a. Diversified training requirements.
(a) The Board has adopted NCARB Training Requirements for IDP [as set forth in Appendix B to the 1985-1986 NCARB Circular of Information No. 1. The 1985-1986 NCARB Circular of Information No. 1]. This information is available from [: National Council of Architectural Registration Boards, 1735 New York Avenue, N. W., Suite 700, Washington, D. C. 20006] the NCARB.
(b) The candidate shall keep records of required diversified training experience in accordance with NCARB IDP requirements. The candidate is responsible for having NCARB transmit a certificate of completion of IDP [as part of the candidate's application. An application which does not contain a certificate will not be reviewed] to the Board.
GRADING AND REVIEW § 9.51. Examination grading.
The ARE shall be graded using procedures developed by NCARB in consultation with a professional testing organization. Examination results shall be recorded by the Board in the record of the candidate and shall be maintained in accordance with § 9.27 (relating to inactive records).
§ 9.52. Grading compilation.
To qualify for licensure, a candidate shall receive a passing grade on each part or division of the examination. Grades received in individual parts or divisions will not be averaged. A candidate will have opportunities, subject to § 9.46(3) (relating to requirements for examination eligibility), to retake those portions of the examination which were failed.
EXAMINATION § 9.111. [Dates of examination] (Reserved).
[The ARE shall be given on dates and in the form as made available to the Board by the NCARB.]
§ 9.113. [Location of examination site] (Reserved).
[The ARE shall be given at locations determined by the Board in conjunction with the NCARB.]
§ 9.114. [Due notice] (Reserved).
[A candidate eligible to take the examination will be given due notice of the date, time and place of examinations and will be given specific preexamination instructions. Candidates may schedule and reschedule examinations in accordance with NCARB Administration Procedures. The NCARB will notify candidates of scheduling deadlines and costs of rescheduling at the time the candidate first is scheduled to take the examination.]
§ 9.116. [Admittance] (Reserved).
[A candidate shall present his admission letter and form of positive identification for admittance to the examination. Candidates shall comply with examination procedures and conduct standards as established by NCARB.]
§ 9.117. [Proctors] (Reserved).
[The professional testing organization will arrange for proctors at an examination whose duty it is to administer the conduct of the examination. Candidates will be given specific instructions as to conduct which will be deemed to constitute suspected cheating. A candidate found to have engaged in suspected cheating shall be dismissed from the examination. Proof of the activity may result in disqualification to sit for future examinations.]
§ 9.118. [NCARB standard examination; transition candidate] (Reserved).
[(a) The examination will be the ARE in computer-administered form as adopted by the NCARB.
(b) A candidate who did not successfully complete the entire examination in written format will be required to complete only the computer-administered portions which were not successfully completed in written format.
(1) A candidate who has not passed both parts of Division B: Site Design on or before June 30, 1996, will be required to successfully complete the Site Planning part.
(2) A candidate who did not successfully complete Division C: Building Design on or before June 30, 1996, will be required to successfully complete the Building Planning and Building Technology parts.]
GRADING AND REVIEW § 9.131. [Examination grading] (Reserved).
[The ARE shall be graded using procedures developed by NCARB in consultation with a professional testing organization. Examination results shall be recorded by the Board in the record of the candidate and shall be maintained in accordance with § 9.27 (relating to inactive records).]
§ 9.132. [Grading compilation] (Reserved).
[To qualify for licensure, a candidate shall receive a passing grade on each part or division of the examination. Grades received in individual parts or divisions will not be averaged. A candidate will have unlimited opportunities, subject to § 9.46(3) (relating to requirements for examination eligibility), to retake those portions of the examination which were failed.]
[Pa.B. Doc. No. 02-524. Filed for public inspection April 5, 2002, 9:00 a.m.]
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