No. 28773 (Amendment): R156-22-302d. Qualifications for Licensure - Examination Requirements

DAR File No.: 28773
Filed: 06/01/2006, 12:57
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Professional Engineers and Professional Land Surveyors Licensing Board are proposing amendments to clarify that experience must be completed before an applicant is qualified to apply to sit for the respective examination.

 

Summary of the rule or change:

In Subsections R156-22-302d(1)(c), (2)(b), and (3)(b), amendments are proposed which clarify that an applicant is not qualified unless the experience is completed before the applicant submits an application to sit for the respective examination. The amendments being proposed are how the Division has been interpreting this requirement for years. However, a recent applicant successfully challenged the rule claiming that the determination date is the date of the exam rather than the date he applied for preapproval to sit for the exam. The model rule does not allow an applicant to anticipate completion of experience, but requires proof of completion on the application. According to the National Council of Examiners for Engineering and Surveying (NCEES), 46 states require the experience to be completed before preapproval to sit for the examination. The proposed amendments will keep Utah consistent with the vast majority of other states. The consistency is important to the engineering/land surveying profession which is quite mobile. Only about 40 percent of Utah licensed engineers/land surveyors are Utah residents. If Utah's requirements were different than other states, it could impair the ability of Utah engineers/land surveyors to become licensed in other states.

 

State statutory or constitutional authorization for this rule:

Section 58-22-101, and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

 

local governments:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to potential licensees as either a professional engineer, professional structural engineer, or professional land surveyor.

 

other persons:

Overall the proposed amendments do not appear to substantially affect costs or savings to applicants for licensure as either a professional engineer, professional structural engineer, or professional land surveyor since the clarification is not different than what has been enforced by the Division for years and the impact should be minimal.

 

Compliance costs for affected persons:

Overall the proposed amendments do not appear to substantially affect costs or savings to applicants for licensure as either a professional engineer, professional structural engineer, or professional land surveyor since the clarification is not different than what has been enforced by the Division for years and the impact should be minimal.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing clarifies the examination provisions to indicate that an applicant is not eligible to submit an application for preapproval to sit for the examination unless the applicant submits proof with his application that he has completed the experience requirement. The clarification is intended to help the industry understand the Division's historical interpretation of its rule. Therefore, no fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

 

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]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/17/2006

 

Interested persons may attend a public hearing regarding this rule:

6/19/2006 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (formerly 4A), Salt Lake City, UT

 

This rule may become effective on:

07/25/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rules.

R156-22-302d. Qualifications for Licensure - Examination Requirements.

(1) Examination Requirements - Professional Engineer.

(a) In accordance with Subsection 58-22-302(1)(f), the examination requirements for licensure as a professional engineer are defined, clarified or established as the following:

(i) the NCEES Fundamentals of Engineering (FE) Examination with a passing score as established by the NCEES except that an applicant who has completed an undergraduate degree from an EAC/ABET accredited program and has completed a Ph.D. or doctorate in engineering from an institution that offers EAC/ABET undergraduate programs in the Ph.D. field of engineering is not required to take the FE examination;

(ii) the NCEES Principles and Practice of Engineering (PE) Examination other than Structural II with a passing score as established by the NCEES; and

(iii) pass all questions on the open book, take home Utah Law and Rules Examination, which is included as part of the application for licensure forms.

(b) If an applicant was approved by the Utah Division of Occupational and Professional Licensing to take the examinations required for licensure as an engineer under prior Utah statutes and rules and did take and pass all examinations required under such prior rules, the prior examinations will be acceptable to qualify for reinstatement of licensure rather than the examinations specified under Subsection R156-22-302d(1)(a).

(c) [An]Prior to submitting an application for pre-approval to sit for the NCEES PE examination, an applicant must have successfully completed the qualifying experience requirements set forth in Subsection R156-22-302c(1), and have successfully completed the education requirements set forth in Subsection R156-22-302b(1)[ before being eligible to sit for the NCEES PE examination].

(d) The admission criteria to sit for the NCEES FE examination is set forth in Section 58-22-306.

(2) Examination Requirements - Professional Structural Engineer.

(a) In accordance with Subsection 58-22-302(2)(f), the examination requirements for licensure as a professional structural engineer are defined, clarified, or established as the following:

(i) the NCEES Fundamentals of Engineering Examination (FE) with a passing score as established by the NCEES;

(ii) the NCEES Structural I and Structural II Examinations with a passing score as established by the NCEES; and

(iii) as part of the application for license, pass all questions on the open book, take home Utah Law and Rules Examination.

(b) [An]Prior to submitting an application for pre-approval to sit for the NCEES Structural II examination, an applicant must have successfully completed the experience requirements set forth in Subsection R156-22-302c(2)[ before being eligible to sit for the NCEES Structural II Examination].

(3) Examination Requirements - Professional Land Surveyor.

(a) In accordance with Subsection 58-22-302(3)(g), the examination requirements for licensure as a professional land surveyor are established as the following:

(i) the NCEES Fundamentals of Land Surveying (FLS) Examination with a passing score as established by the NCEES;

(ii) the NCEES Principles and Practice of Land Surveying (PLS) Examination with a passing score as established by the NCEES; and

(iii) the Utah Local Practice Examination with a passing score of at least 75.

(b) [An]Prior to submitting an application for pre-approval to sit for the NCEES PLS examination, an applicant must have successfully completed the education and qualifying experience requirements set forth in Subsections R156-22-302b(2) and 302c(3)[ before being eligible to sit for the NCEES PLS examination].

(4) Examination Requirements for Licensure by Endorsement.

In accordance with Subsection 58-22-302(4)(d)(ii), the examination requirements for licensure by endorsement are established as follows:

(a) Professional Engineer: An applicant for licensure as a professional engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(1) except that the board may waive one or more of the following examinations under the following conditions:

(i) the NCEES FE Examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE Examination for initial licensure from the recognized jurisdiction the applicant was originally licensed;

(ii) the NCEES PE Examination for an applicant who is a principal for five of the last seven years preceding the date of the license application, who has been licensed for 20 years preceding the date of the license application, and who was not required to pass the NCEES PE Examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(b) Professional Structural Engineer: An applicant for licensure as a professional structural engineer by endorsement shall comply with the examination requirements in Subsection R156-22-302d(2) except that the board may waive the NCEES FE Examination for an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FE Examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

(c) Professional Land Surveyor: An applicant for licensure as a professional land surveyor by endorsement shall comply with the examination requirements in Subsection R156-22-302d(3) except that the board may waive either the NCEES FLS Examination or the NCEES PLS Examination or both to an applicant who is a principal for five of the last seven years preceding the date of the license application and who was not required to pass the NCEES FLS Examination or the PLS Examination for initial licensure from the recognized jurisdiction the applicant was originally licensed.

 

KEY: engineers, surveyors, professional land surveyors, professional engineers

Date of Enactment or Last Substantive Amendment: [April 3, ]2006

Notice of Continuation: January 13, 2003

Authorizing, and Implemented or Interpreted Law: 58-22-101; 58-1-106(1)(a); 58-1-202(1)(a)