Bill Text: MN HF1787 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Architecture, engineering, land surveying, landscape architecture, geoscience, and interior design professional licensing provisions and fees modified
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-30 - HF indefinitely postponed [HF1787 Detail]
Download: Minnesota-2011-HF1787-Engrossed.html
1.2relating to occupations and professions; modifying licensing provisions and fees
1.3for architecture, engineering, land surveying, landscape architecture, geoscience,
1.4and interior design professions;amending Minnesota Statutes 2010, sections
1.5326.02, subdivision 3; 326.04; 326.10, subdivisions 1, 2a, 7, 9; 326.105; 326.107,
1.6subdivisions 1, 2, 7; 326.12, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 326.02, subdivision 3, is amended to read:
1.9 Subd. 3. Practice of professional engineering. (a) Any person shall be deemed to
1.10be practicing professional engineering within the meaning of sections326.02 to
326.15
1.11who holds out as being able to perform or who does perform any technical professional
1.12service, such as planning, design or observation of construction for the purpose of
1.13assuring compliance with specifications and design, in connection with any public or
1.14private structures, buildings, utilities, machines, equipment, processes, works, or projects
1.15wherein the public welfare or the safeguarding of life, health, or property is concerned
1.16or involved, when such professional service requires the application of the principles of
1.17mathematics and the physical and applied engineering sciences, acquired by education
1.18or training, and by experience.
1.19(b) No person other than one licensed under sections 326.02 to 326.15 as a
1.20professional engineer may:
1.21(1) use the term "professional engineer";
1.22(2) use any other abbreviation or term, including the initials "P.E." or "PE" by
1.23signature, verbal claim, sign, advertisement, letterhead, card, or similar means that would
1.24lead the public to believe that the person was a licensed professional engineer; or
2.1(3) use any means or in any other way make a representation that would lead the
2.2public to believe that the person was a licensed professional engineer.
2.3(c) No state, public agency, local governmental unit, or other public entity shall
2.4require a person licensed as a professional engineer under sections 326.02 to 326.15 to
2.5pass any additional test or examination in order to obtain a license, certification, or any
2.6other form of approval to perform any actions that the person is authorized to perform as a
2.7professional engineer unless the state, public agency, local governmental unit, or other
2.8public entity has made an affirmative determination that qualification as a professional
2.9engineer is not adequate to safeguard life, health, and property, and to promote the public
2.10welfare regarding the items that are the subject of the licensure or certification. This
2.11section does not preclude public entities from including additional requirements when
2.12soliciting public contracts for engineering services.
2.13EFFECTIVE DATE.This section is effective the day following final enactment
2.14and does not apply to practice areas where licenses or certifications are required prior to
2.15the effective date.
2.16 Sec. 2. Minnesota Statutes 2010, section 326.04, is amended to read:
2.17326.04 BOARD ESTABLISHED.
2.18To carry out the provisions of sections326.02 to
326.15 there is hereby created
2.19a Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
2.20Geoscience, and Interior Design consisting of 21 members, who shall be appointed by
2.21the governor. Three members shall be licensed architects, five members shall be licensed
2.22engineers, two members shall be licensed landscape architects, two members shall be
2.23licensed land surveyors, two members shall be certified interior designers, two members
2.24shall be licensed geoscientists, and five members shall be public members. Not more than
2.25one member of the board shall be from the same branch of the profession of engineering.
2.26The first professional geoscientist members shall be appointed as soon as possible and no
2.27later than October 1, 1995. One of these members shall serve for a term to end January
2.281, 1997. The other member shall serve for a term to end January 1, 1999. The second
2.29licensed landscape architect and certified interior designer members shall be appointed
2.30to succeed the two public members whose terms end on January 1, 1996. The second
2.31licensed landscape architect and certified interior designer members shall be appointed
2.32by the governor no later than October 1, 1995, and shall serve a term to end on January
2.331, 2000. During the time from the appointment of these members until January 1, 1996,
2.34the board shall consist of 23 members. Membership terms, compensation of members,
3.1removal of members, the filling of membership vacancies, and fiscal year and reporting
3.2requirements shall be as provided in sections214.07 to
214.09 . Members shall be limited
3.3to two terms. The provision of staff, administrative services and office space; the review
3.4and processing of complaints; the setting of board fees; and other provisions relating to
3.5board operations shall be as provided in chapter 214.
3.6 Sec. 3. Minnesota Statutes 2010, section 326.10, subdivision 1, is amended to read:
3.7 Subdivision 1. Issuance.(a) The board shall on application therefor on a prescribed
3.8form, and upon payment of a fee prescribed by rule of the board, issue a license or
3.9certificate as an architect, engineer, land surveyor, landscape architect, geoscientist, or
3.10certified interior designer. A separate fee shall be paid for each profession licensed.
3.11(1) To any person over 25 years of age, who is of good moral character and repute,
3.12and who has the experience and educational qualifications which the board by rule may
3.13prescribe.
3.14(2) To any person who holds an unexpired certificate of registration or license issued
3.15by proper authority in the District of Columbia, any state or territory of the United States,
3.16or any foreign country, in which the requirements for registration or licensure of architects,
3.17engineers, land surveyors, landscape architects, geoscientists, or certified interior
3.18designers, respectively, at the time of registration or licensure in the other jurisdiction, were
3.19equal, in the opinion of the board, to those fixed by the board and by the laws of this state,
3.20and in which similar privileges are extended to the holders of certificates of registration or
3.21licensure issued by this state. The board may require such person to submit a certificate of
3.22technical qualification from the National Council of Architectural Registration Boards
3.23in the case of an architect, from the National Council of Examiners for Engineering
3.24and Surveying in the case of an engineer, from the Council of Landscape Architectural
3.25Registration Boards in the case of a landscape architect, and from the National Council for
3.26Interior Design Qualification in the case of a certified interior designer.
3.27(b) Notwithstanding paragraph (a), for one year from the effective date of rules
3.28adopted by the board with respect to the discipline of professional geoscience, the board
3.29may accept as evidence that the applicant is qualified for licensing in the discipline of
3.30professional geoscience:
3.31(1) a record of graduation with a baccalaureate degree from a school or college
3.32having accreditation defined by the board and a geoscience or associated science
3.33curriculum approved by the board; and
3.34(2) at least five years of active professional practice in the discipline of professional
3.35geoscience as approved by the board.
4.1 Sec. 4. Minnesota Statutes 2010, section 326.10, subdivision 2a, is amended to read:
4.2 Subd. 2a. Needs of physically disabled, inclusion in examination. Examinations
4.3for architect, civil structural engineer, landscape architect, and certified interior designer
4.4shall include questions which require the applicant to demonstrate knowledge of the
4.5design needs of people with physical disabilities and of the relevant statutes and codes.
4.6The questions shall be developed by the board in consultation with the Department
4.7of Administration.
4.8 Sec. 5. Minnesota Statutes 2010, section 326.10, subdivision 7, is amended to read:
4.9 Subd. 7. Engineer, land surveyor, geoscientist; in-training. (1) An applicant for
4.10certification as an engineer-in-training who is a graduate with a bachelor of engineering
4.11degree from a school or college having an accredited engineering curriculumaccredited by
4.12the engineers' council for professional development or whose education, in the opinion of
4.13the board, is equivalent thereto, shall receive from the board, upon passing an examination
4.14in fundamental engineering subjects, a certificate stating that the applicant has passed such
4.15examination and that the applicant's name has been recorded as an engineer-in-training.
4.16(2) An applicant for certification as a land surveyor-in-training who is a graduate
4.17with a bachelor's degree from a school or college having an accredited engineering or
4.18land surveying curriculum or who has equivalent education, in the opinion of the board,
4.19shall receive from the board, upon passing a written examination in the fundamentals
4.20of mathematics and the basic principles of land surveying, a certificate stating that the
4.21applicant has passed such examination and that the applicant's name has been recorded as
4.22a land surveyor-in-training.
4.23(3) An applicant for certification as a geoscientist-in-training who is a graduate with
4.24a baccalaureate degree from a school or college having accreditation defined by the board
4.25and a geoscience or associated science curriculum approved by the board, shall receive
4.26from the board, upon passing the appropriate examination in fundamental geoscience
4.27subjects for the applicant's discipline as approved by the board, a certificate stating that
4.28the applicant's name has been recorded as a geoscientist-in-training with the appropriate
4.29geoscientist-in-training legend as approved by the board.
4.30 Sec. 6. Minnesota Statutes 2010, section 326.10, subdivision 9, is amended to read:
4.31 Subd. 9. Reinstatement of expired license or certificate. A licensee or certificate
4.32holder whose license or certificate has expired may reinstate the expired license or
4.33certificate by satisfying all prior continuing education requirements to a maximum of 48
4.34professional development hours, by paying all of the renewal fees due for all prior renewal
5.1periods that the license or certificate was expired and the current renewal period, and
5.2paying a delayed renewal fee in the amount set by the board. The continuing education
5.3requirement must be satisfied with professional development hours completed within
5.4the four years immediately prior to reinstatement and may not include any professional
5.5development hours that had previously been used to renew the license or certificate being
5.6reinstated.
5.7To reinstate an expired license or certificate, the licensee or certificate holder must
5.8file with the board an application for reinstatement consisting of a fully completed form
5.9provided by the board and the fees specified in this subdivision. The form must be signed,
5.10contain all of the information requested, and clearly show that the licensee or certificate
5.11holder either has completed the minimum number of required professional development
5.12hours, has provided a certification under section326.107, subdivision 5 , to the board, or
5.13has been granted an exemption under section326.107, subdivision 4 . An application
5.14for reinstatement that does not comply with the requirements of this subdivision is an
5.15incomplete application and must not be accepted by the board.
5.16 Sec. 7. Minnesota Statutes 2010, section 326.105, is amended to read:
5.17326.105 FEES.
5.18The fee for licensure or renewal of licensure as an architect, professional engineer,
5.19land surveyor, landscape architect, or geoscience professional is $120 per biennium.
5.20The fee for certification as a certified interior designer or for renewal of the certificate
5.21is $120 per biennium. The fee for an architect applying for original certification as a
5.22certified interior designer is $50 per biennium. The initial license or certification fee for
5.23all professions is $120. The renewal fee shall be paid biennially on or before June 30 of
5.24each even-numbered year. The renewal fee, when paid by mail, is not timely paid unless it
5.25is postmarked on or before June 30 of each even-numbered year. The application fee is
5.26$25 for in-training applicants and $75 for professional license applicants.
5.27(a) All applications or requests for service must be accompanied by payment of the
5.28appropriate fee described in this section.
5.29(b) The application fee is $25 for in-training applicants and $75 for professional
5.30license applicants and for certified interior design applicants. The fee for initial licensure
5.31or renewal of licensure as an architect, professional engineer, land surveyor, landscape
5.32architect, or geoscience professional or for certification or renewal of certification as a
5.33certified interior designer is $120 per biennium. The renewal fee shall be paid biennially
5.34on or before June 30 of each even-numbered year. The renewal fee, when paid by mail, is
5.35not timely unless it is postmarked on or before June 30 of each even-numbered year.
6.1(c) The fee for verification of data on examinees, licensees, interior design certificate
6.2holders, or in-training certificate holders and requests for transfer of grades is $25 per
6.3request. Requests must be made in writing and include an addressed, stamped envelope.
6.4(d) The examination administration fee for any examination administered by the
6.5board is $100.
6.6(e) All fees are nonrefundable.
6.7 Sec. 8. Minnesota Statutes 2010, section 326.107, subdivision 1, is amended to read:
6.8 Subdivision 1. Requirements. (a) Architects, professional engineers, land
6.9surveyors, landscape architects, geoscientists, and interior designers licensed or certified
6.10by this board must obtain the number of professional development hours described in
6.11paragraphs (b) to (d) during each two-year period of licensure or certification identified in
6.12section326.105 . This requirement must be satisfied during the two-year period prior to
6.13biennial renewal except for a carryover permitted from the previous renewal period, which
6.14must not exceed 50 percent of the biennial requirement of professional development hours.
6.15(b) Licensed professional engineers must earn a minimum of 24 professional
6.16development hours, of which two must be dedicated to professional ethics, per biennial
6.17renewal except for the carryover permitted. The ethics hours must have been earned
6.18during the biennium to which they are applied and shall not be used toward carryover.
6.19(c) Licensed architects, land surveyors, landscape architects, geoscientists, and
6.20certified interior designers must earn a minimum of 24 professional development hours,
6.21of which two must be dedicated to professional ethics, per biennial renewal except for
6.22the carryover permitted. The ethics hours must have been earned during the biennium to
6.23which they are applied and shall not be used toward carryover.
6.24(d) Dual license or certificate holders who have obtained a license or certificate for
6.25two professions must earn professional development hours required by the license or
6.26certificate requiring the greatest number of professional development hours and must
6.27obtain in each profession a minimum of one-third of the total professional development
6.28hours required. The remaining one-third requirement may be obtained in either profession
6.29at the sole discretion of the licensee or certificate holder.
6.30 Sec. 9. Minnesota Statutes 2010, section 326.107, subdivision 2, is amended to read:
6.31 Subd. 2. Programs and activities. Continuing education must consist of learning
6.32experiences which enhance and expand the skills, knowledge, and abilities of practicing
6.33professionals to remain current and render competent professional services to the public.
6.34Practitioners may pursue technical, nontechnical, regulatory, ethical, and business
7.1practice needs for a well-rounded education provided the education directly benefits the
7.2health, safety, or welfare of the public. Continuing education activities which satisfy the
7.3professional development requirement include, but are not limited to, the following:
7.4(1) completing or auditing college-sponsored courses;
7.5(2) completing self-study college or non-college-sponsored courses, presented by
7.6correspondence, Internet, television, video, or audio, ending with examination or other
7.7verification processes;
7.8(3) participation in seminars, tutorials, televised or videotaped courses, or short
7.9courses;
7.10(4) attending self-sponsored and prepared in-house educational programs;
7.11(5) completing a study tour with a structured program resulting in a written or visual
7.12presentation by the licensee or certificate holder;
7.13(6) presenting or instructing qualifying courses or seminars. Professional
7.14development hours may be earned for preparation time for the initial presentation;
7.15(7) authoring published papers, articles, or books. Professional development hours
7.16earned may equal preparation time spent, may be claimed only following publication, and
7.17shall be given for authorship or presentation, but not for both;
7.18(8) participating in professional examination grading or writing. A maximum of five
7.19professional development hours per biennium may be applied from this source. The hours
7.20from this source must have been earned during the biennium to which they are applied
7.21and shall not be used toward carryover;
7.22(9) providing professional service to the public which draws upon the licensee's
7.23or certificate holder's professional expertise on boards, commissions, and committees
7.24such as planning commissions, building code advisory boards, urban renewal boards,
7.25or non-work-related volunteer service. A maximum of ten professional development
7.26hours per biennium may be applied from this source regardless of the number of boards,
7.27commissions, and committees the licensee or certificate holder serves. The hours from
7.28this source must have been earned during the biennium to which they are applied and
7.29shall not be used toward carryover; and
7.30(10) patents, after they are granted, for a credit of ten professional development
7.31hours. The patent must have been granted during the biennium to which the hours are
7.32applied and shall not be used toward carryover.
7.33 Sec. 10. Minnesota Statutes 2010, section 326.107, subdivision 7, is amended to read:
7.34 Subd. 7. Reports and records. The licensee or certificate holder shall maintain
7.35a file in which records of courses and activities are kept, including dates, subjects,
8.1duration of programs, sponsoring organization, professional development hours earned,
8.2registration receipts where appropriate, and other pertinent documentation, for a period
8.3oftwo four years after submission to the board. This information may be required to
8.4be produced by licensees or certificate holders. The board may require a licensee or
8.5certificate holder to produce this information in connection with verification of a renewal
8.6application, a random audit conducted by the board, or upon receipt of a complaint
8.7alleging noncompliance on the part of a licensee or certificate holder.
8.8 Sec. 11. Minnesota Statutes 2010, section 326.12, subdivision 2, is amended to read:
8.9 Subd. 2. Seal. Each licensee or certificate holder may, upon licensure or
8.10certification, obtain a sealof a design approved by the board, bearing the licensee's or
8.11certificate holder's name and the legend "licensed architect," "licensed professional
8.12engineer," "licensed land surveyor," "licensed landscape architect," the appropriate
8.13licensed professional geoscientist legend as defined by the board, or "certified interior
8.14designer." Plans, specifications, plats, reports, and other documents prepared by a licensee
8.15or certificate holder may be stamped with the seal during the life of the license or
8.16certificate. A rubber stamp facsimile thereof may be used in lieu of the seal on tracings
8.17from which prints are to be made or on papers which would be damaged by the regular
8.18seal. It shall be unlawful for any one to stamp or seal any document with the stamp or
8.19seal after the license or certificate has expired, been revoked or suspended, unless said
8.20license or certificate shall have been renewed or reissued.
1.3for architecture, engineering, land surveying, landscape architecture, geoscience,
1.4and interior design professions;amending Minnesota Statutes 2010, sections
1.5326.02, subdivision 3; 326.04; 326.10, subdivisions 1, 2a, 7, 9; 326.105; 326.107,
1.6subdivisions 1, 2, 7; 326.12, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 326.02, subdivision 3, is amended to read:
1.9 Subd. 3. Practice of professional engineering. (a) Any person shall be deemed to
1.10be practicing professional engineering within the meaning of sections
1.11who holds out as being able to perform or who does perform any technical professional
1.12service, such as planning, design or observation of construction for the purpose of
1.13assuring compliance with specifications and design, in connection with any public or
1.14private structures, buildings, utilities, machines, equipment, processes, works, or projects
1.15wherein the public welfare or the safeguarding of life, health, or property is concerned
1.16or involved, when such professional service requires the application of the principles of
1.17mathematics and the physical and applied engineering sciences, acquired by education
1.18or training, and by experience.
1.19(b) No person other than one licensed under sections 326.02 to 326.15 as a
1.20professional engineer may:
1.21(1) use the term "professional engineer";
1.22(2) use any other abbreviation or term, including the initials "P.E." or "PE" by
1.23signature, verbal claim, sign, advertisement, letterhead, card, or similar means that would
1.24lead the public to believe that the person was a licensed professional engineer; or
2.1(3) use any means or in any other way make a representation that would lead the
2.2public to believe that the person was a licensed professional engineer.
2.3(c) No state, public agency, local governmental unit, or other public entity shall
2.4require a person licensed as a professional engineer under sections 326.02 to 326.15 to
2.5pass any additional test or examination in order to obtain a license, certification, or any
2.6other form of approval to perform any actions that the person is authorized to perform as a
2.7professional engineer unless the state, public agency, local governmental unit, or other
2.8public entity has made an affirmative determination that qualification as a professional
2.9engineer is not adequate to safeguard life, health, and property, and to promote the public
2.10welfare regarding the items that are the subject of the licensure or certification. This
2.11section does not preclude public entities from including additional requirements when
2.12soliciting public contracts for engineering services.
2.13EFFECTIVE DATE.This section is effective the day following final enactment
2.14and does not apply to practice areas where licenses or certifications are required prior to
2.15the effective date.
2.16 Sec. 2. Minnesota Statutes 2010, section 326.04, is amended to read:
2.17326.04 BOARD ESTABLISHED.
2.18To carry out the provisions of sections
2.19a Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
2.20Geoscience, and Interior Design consisting of 21 members, who shall be appointed by
2.21the governor. Three members shall be licensed architects, five members shall be licensed
2.22engineers, two members shall be licensed landscape architects, two members shall be
2.23licensed land surveyors, two members shall be certified interior designers, two members
2.24shall be licensed geoscientists, and five members shall be public members. Not more than
2.25one member of the board shall be from the same branch of the profession of engineering.
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
3.1removal of members, the filling of membership vacancies, and fiscal year and reporting
3.2requirements shall be as provided in sections
3.3to two terms. The provision of staff, administrative services and office space; the review
3.4and processing of complaints; the setting of board fees; and other provisions relating to
3.5board operations shall be as provided in chapter 214.
3.6 Sec. 3. Minnesota Statutes 2010, section 326.10, subdivision 1, is amended to read:
3.7 Subdivision 1. Issuance.
3.8form, and upon payment of a fee prescribed by rule of the board, issue a license or
3.9certificate as an architect, engineer, land surveyor, landscape architect, geoscientist, or
3.10certified interior designer. A separate fee shall be paid for each profession licensed.
3.11(1) To any person over 25 years of age, who is of good moral character and repute,
3.12and who has the experience and educational qualifications which the board by rule may
3.13prescribe.
3.14(2) To any person who holds an unexpired certificate of registration or license issued
3.15by proper authority in the District of Columbia, any state or territory of the United States,
3.16or any foreign country, in which the requirements for registration or licensure of architects,
3.17engineers, land surveyors, landscape architects, geoscientists, or certified interior
3.18designers, respectively, at the time of registration or licensure in the other jurisdiction, were
3.19equal, in the opinion of the board, to those fixed by the board and by the laws of this state,
3.20and in which similar privileges are extended to the holders of certificates of registration or
3.21licensure issued by this state. The board may require such person to submit a certificate of
3.22technical qualification from the National Council of Architectural Registration Boards
3.23in the case of an architect, from the National Council of Examiners for Engineering
3.24and Surveying in the case of an engineer, from the Council of Landscape Architectural
3.25Registration Boards in the case of a landscape architect, and from the National Council for
3.26Interior Design Qualification in the case of a certified interior designer.
3.27
3.28
3.29
3.30
3.31
3.32
3.33
3.34
3.35
4.1 Sec. 4. Minnesota Statutes 2010, section 326.10, subdivision 2a, is amended to read:
4.2 Subd. 2a. Needs of physically disabled, inclusion in examination. Examinations
4.3for architect, civil structural engineer, landscape architect, and certified interior designer
4.4shall include questions which require the applicant to demonstrate knowledge of the
4.5design needs of people with physical disabilities and of the relevant statutes and codes.
4.6
4.7
4.8 Sec. 5. Minnesota Statutes 2010, section 326.10, subdivision 7, is amended to read:
4.9 Subd. 7. Engineer, land surveyor, geoscientist; in-training. (1) An applicant for
4.10certification as an engineer-in-training who is a graduate with a bachelor of engineering
4.11degree from a school or college having an accredited engineering curriculum
4.12
4.13the board, is equivalent thereto, shall receive from the board, upon passing an examination
4.14in fundamental engineering subjects, a certificate stating that the applicant has passed such
4.15examination and that the applicant's name has been recorded as an engineer-in-training.
4.16(2) An applicant for certification as a land surveyor-in-training who is a graduate
4.17with a bachelor's degree from a school or college having an accredited engineering or
4.18land surveying curriculum or who has equivalent education, in the opinion of the board,
4.19shall receive from the board, upon passing a written examination in the fundamentals
4.20of mathematics and the basic principles of land surveying, a certificate stating that the
4.21applicant has passed such examination and that the applicant's name has been recorded as
4.22a land surveyor-in-training.
4.23(3) An applicant for certification as a geoscientist-in-training who is a graduate with
4.24a baccalaureate degree from a school or college having accreditation defined by the board
4.25and a geoscience or associated science curriculum approved by the board, shall receive
4.26from the board, upon passing the appropriate examination in fundamental geoscience
4.27subjects for the applicant's discipline as approved by the board, a certificate stating that
4.28the applicant's name has been recorded as a geoscientist-in-training with the appropriate
4.29geoscientist-in-training legend as approved by the board.
4.30 Sec. 6. Minnesota Statutes 2010, section 326.10, subdivision 9, is amended to read:
4.31 Subd. 9. Reinstatement of expired license or certificate. A licensee or certificate
4.32holder whose license or certificate has expired may reinstate the expired license or
4.33certificate by satisfying all prior continuing education requirements to a maximum of 48
4.34professional development hours, by paying all of the renewal fees due for all prior renewal
5.1periods that the license or certificate was expired and the current renewal period, and
5.2paying a delayed renewal fee in the amount set by the board. The continuing education
5.3requirement must be satisfied with professional development hours completed within
5.4the four years immediately prior to reinstatement and may not include any professional
5.5development hours that had previously been used to renew the license or certificate being
5.6reinstated.
5.7To reinstate an expired license or certificate, the licensee or certificate holder must
5.8file with the board an application for reinstatement consisting of a fully completed form
5.9provided by the board and the fees specified in this subdivision. The form must be signed,
5.10contain all of the information requested, and clearly show that the licensee or certificate
5.11holder either has completed the minimum number of required professional development
5.12hours, has provided a certification under section
5.13has been granted an exemption under section
5.14for reinstatement that does not comply with the requirements of this subdivision is an
5.15incomplete application and must not be accepted by the board.
5.16 Sec. 7. Minnesota Statutes 2010, section 326.105, is amended to read:
5.17326.105 FEES.
5.18
5.19
5.20
5.21
5.22
5.23
5.24
5.25
5.26
5.27(a) All applications or requests for service must be accompanied by payment of the
5.28appropriate fee described in this section.
5.29(b) The application fee is $25 for in-training applicants and $75 for professional
5.30license applicants and for certified interior design applicants. The fee for initial licensure
5.31or renewal of licensure as an architect, professional engineer, land surveyor, landscape
5.32architect, or geoscience professional or for certification or renewal of certification as a
5.33certified interior designer is $120 per biennium. The renewal fee shall be paid biennially
5.34on or before June 30 of each even-numbered year. The renewal fee, when paid by mail, is
5.35not timely unless it is postmarked on or before June 30 of each even-numbered year.
6.1(c) The fee for verification of data on examinees, licensees, interior design certificate
6.2holders, or in-training certificate holders and requests for transfer of grades is $25 per
6.3request. Requests must be made in writing and include an addressed, stamped envelope.
6.4(d) The examination administration fee for any examination administered by the
6.5board is $100.
6.6(e) All fees are nonrefundable.
6.7 Sec. 8. Minnesota Statutes 2010, section 326.107, subdivision 1, is amended to read:
6.8 Subdivision 1. Requirements. (a) Architects, professional engineers, land
6.9surveyors, landscape architects, geoscientists, and interior designers licensed or certified
6.10by this board must obtain the number of professional development hours described in
6.11paragraphs (b) to (d) during each two-year period of licensure or certification identified in
6.12section
6.13biennial renewal except for a carryover permitted from the previous renewal period, which
6.14must not exceed 50 percent of the biennial requirement of professional development hours.
6.15(b) Licensed professional engineers must earn a minimum of 24 professional
6.16development hours, of which two must be dedicated to professional ethics, per biennial
6.17renewal except for the carryover permitted. The ethics hours must have been earned
6.18during the biennium to which they are applied and shall not be used toward carryover.
6.19(c) Licensed architects, land surveyors, landscape architects, geoscientists, and
6.20certified interior designers must earn a minimum of 24 professional development hours,
6.21of which two must be dedicated to professional ethics, per biennial renewal except for
6.22the carryover permitted. The ethics hours must have been earned during the biennium to
6.23which they are applied and shall not be used toward carryover.
6.24(d) Dual license or certificate holders who have obtained a license or certificate for
6.25two professions must earn professional development hours required by the license or
6.26certificate requiring the greatest number of professional development hours and must
6.27obtain in each profession a minimum of one-third of the total professional development
6.28hours required. The remaining one-third requirement may be obtained in either profession
6.29at the sole discretion of the licensee or certificate holder.
6.30 Sec. 9. Minnesota Statutes 2010, section 326.107, subdivision 2, is amended to read:
6.31 Subd. 2. Programs and activities. Continuing education must consist of learning
6.32experiences which enhance and expand the skills, knowledge, and abilities of practicing
6.33professionals to remain current and render competent professional services to the public.
6.34Practitioners may pursue technical, nontechnical, regulatory, ethical, and business
7.1practice needs for a well-rounded education provided the education directly benefits the
7.2health, safety, or welfare of the public. Continuing education activities which satisfy the
7.3professional development requirement include, but are not limited to, the following:
7.4(1) completing or auditing college-sponsored courses;
7.5(2) completing self-study college or non-college-sponsored courses, presented by
7.6correspondence, Internet, television, video, or audio, ending with examination or other
7.7verification processes;
7.8(3) participation in seminars, tutorials, televised or videotaped courses, or short
7.9courses;
7.10(4) attending self-sponsored and prepared in-house educational programs;
7.11(5) completing a study tour with a structured program resulting in a written or visual
7.12presentation by the licensee or certificate holder;
7.13(6) presenting or instructing qualifying courses or seminars. Professional
7.14development hours may be earned for preparation time for the initial presentation;
7.15(7) authoring published papers, articles, or books. Professional development hours
7.16earned may equal preparation time spent, may be claimed only following publication, and
7.17shall be given for authorship or presentation, but not for both;
7.18(8) participating in professional examination grading or writing. A maximum of five
7.19professional development hours per biennium may be applied from this source. The hours
7.20from this source must have been earned during the biennium to which they are applied
7.21and shall not be used toward carryover;
7.22(9) providing professional service to the public which draws upon the licensee's
7.23or certificate holder's professional expertise on boards, commissions, and committees
7.24such as planning commissions, building code advisory boards, urban renewal boards,
7.25or non-work-related volunteer service. A maximum of ten professional development
7.26hours per biennium may be applied from this source regardless of the number of boards,
7.27commissions, and committees the licensee or certificate holder serves. The hours from
7.28this source must have been earned during the biennium to which they are applied and
7.29shall not be used toward carryover; and
7.30(10) patents, after they are granted, for a credit of ten professional development
7.31hours. The patent must have been granted during the biennium to which the hours are
7.32applied and shall not be used toward carryover.
7.33 Sec. 10. Minnesota Statutes 2010, section 326.107, subdivision 7, is amended to read:
7.34 Subd. 7. Reports and records. The licensee or certificate holder shall maintain
7.35a file in which records of courses and activities are kept, including dates, subjects,
8.1duration of programs, sponsoring organization, professional development hours earned,
8.2registration receipts where appropriate, and other pertinent documentation, for a period
8.3of
8.4be produced by licensees or certificate holders. The board may require a licensee or
8.5certificate holder to produce this information in connection with verification of a renewal
8.6application, a random audit conducted by the board, or upon receipt of a complaint
8.7alleging noncompliance on the part of a licensee or certificate holder.
8.8 Sec. 11. Minnesota Statutes 2010, section 326.12, subdivision 2, is amended to read:
8.9 Subd. 2. Seal. Each licensee or certificate holder may, upon licensure or
8.10certification, obtain a seal
8.11certificate holder's name and the legend "licensed architect," "licensed professional
8.12engineer," "licensed land surveyor," "licensed landscape architect," the appropriate
8.13licensed professional geoscientist legend as defined by the board, or "certified interior
8.14designer." Plans, specifications, plats, reports, and other documents prepared by a licensee
8.15or certificate holder may be stamped with the seal during the life of the license or
8.16certificate. A rubber stamp facsimile thereof may be used in lieu of the seal on tracings
8.17from which prints are to be made or on papers which would be damaged by the regular
8.18seal. It shall be unlawful for any one to stamp or seal any document with the stamp or
8.19seal after the license or certificate has expired, been revoked or suspended, unless said
8.20license or certificate shall have been renewed or reissued.
