No. 30725: R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule

DAR File No.: 30725
Filed: 11/15/2007, 11:01
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 22, provides for the licensure of professional engineers, professional structural engineers, and professional land surveyors. Subsection 58-1-106(1)(a) provides that the division may adopt and enforce rules to administer Title 58. Subsection 58-22-201(3) provides that the Professional Engineers and Professional Land Surveyors Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. This rule was enacted to clarify the provisions of Title 58, Chapter 22, with respect to professional engineers, professional structural engineers, and professional land surveyors.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in January 2003, it has been amended several times. The division received a 03/28/2005 written comment from Benjamin D. Miner, a licensed professional engineer, opposing a proposed amendment with respect to continuing education requirements and the use of Internet courses. Mr. Miner's comments suggested that continuing education that is obtained by Internet or by home study courses not require testing of the material to verify that the licensee has obtained the education. He noted that live seminars do not require testing. The division did not follow Mr. Miner's suggestion because all continuing education requires adequate evidence of obtaining the education and the manner of verifying that must vary depending on how the education is obtained. Live seminars verify attendance at the seminar by having certificates of attendance passed out at the end of the seminar. Without testing at the end of the continuing education course, Internet and home study courses could only verify if a person has paid the fee for the course. Mr. Miner's comment was reviewed by the division and board and it was determined that the wording as proposed would stand. The division also received an e-mail, date unknown but received sometime in November 2003, from Win Packer opposing a proposed amendment affecting Subsection R156-22-202(1)(a)(i) regarding qualifying experience. Mr. Packer suggested that one year of qualifying experience that can be obtained while enrolled in an engineering education program be limited to three to six months. The division did not believe additional restrictions on this education was necessary to assure the quality of the experience necessary to obtain licensure. The division and board reviewed Mr. Packer's comments and determined that the proposed amendment would stand as written.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 22, with respect to professional engineers, professional structural engineers, and professional land surveyors. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Dan S. Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Authorized by:

F. David Stanley, Director