No. 41706 (5-year Review): Rule R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule

DAR File No.: 41706
Filed: 05/30/2017 02:33:22 PM

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 and regulation of professional engineers, professional structural engineers, and professional land surveyors. Subsection 58-1-106(1)(a) provides that the Division of Occupational and Professional Licensing 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 June 2012, it has been amended three times. The Division did receive a 02/20/2014 email from Mark Gregersen. Mr. Gregersen was concerned that the professional conduct standards would require a licensee to report any known unprofessional conduct to the Division for investigation and action. Mr. Gregersen noted that a licensee who is also an attorney or an ecclesiastical leader might have a conflicting duty of confidentiality. The Professional Engineers and Professional Land Surveyors Licensing Board reviewed and discussed Mr. Gregersen's written comment but considered it to be more hypothetical than otherwise. As a result, no additional changes were made to the proposed amendments, and the amendments became effective on 04/08/2014.

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 and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Effective:

05/30/2017

Authorized by:

Mark Steinagel, Director

---