Bill Text: MN HF2670 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Architecture, engineering, land surveying, landscape architecture, geoscience, and interior design professional license provisions modified.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2014-05-14 - Secretary of State Chapter 236 05/13/14 [HF2670 Detail]
Download: Minnesota-2013-HF2670-Introduced.html
1.2relating to occupations; modifying licensing provisions for architecture,
1.3engineering, land surveying, landscape architecture, geoscience, and interior
1.4design professions;amending Minnesota Statutes 2012, sections 326.02,
1.5subdivisions 3, 4; 326.04; 326.10, subdivisions 1, 2a, 7, 9; 326.107, subdivisions
1.61, 2, 7; 326.111, subdivision 3; 326.12, subdivision 2; repealing Minnesota
1.7Statutes 2012, section 326.107, subdivision 5.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 326.02, subdivision 3, is amended to read:
1.10 Subd. 3. Practice of professional engineering. (a) Any person shall be deemed to
1.11be practicing professional engineering within the meaning of sections326.02 to
326.15
1.12who holds out as being able to perform or who does perform any technical professional
1.13service, such as planning, design or observation of construction for the purpose of
1.14assuring compliance with specifications and design, in connection with any public or
1.15private structures, buildings, utilities, machines, equipment, processes, works, or projects
1.16wherein the public welfare or the safeguarding of life, health, or property is concerned
1.17or involved, when such professional service requires the application of the principles of
1.18mathematics and the physical and applied engineering sciences, acquired by education
1.19or training, and by experience.
1.20(b) No person other than one licensed under sections 326.02 to 326.15 as a
1.21professional engineer may:
1.22(1) use the term "professional engineer";
1.23(2) use any other abbreviation or term, including the initials "P.E." or "PE" by
1.24signature, verbal claim, sign, advertisement, letterhead, card, or similar means that would
1.25lead the public to believe that the person was a 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 professional engineer.
2.3 Sec. 2. Minnesota Statutes 2012, section 326.02, subdivision 4, is amended to read:
2.4 Subd. 4. Practice of land surveying. Land surveying means the application of
2.5the principles of mathematics, physical and applied sciences and law to measuring and
2.6locating lines, angles, elevations and natural or artificial features in the air, on the surface
2.7of the earth, underground and on the beds of bodies of water for the purpose of:
2.8(1) determining, monumenting, establishing, or reestablishing property boundaries;
2.9(2) determining, monumenting, or reestablishing the position for any public land
2.10survey system corner or line;
2.11(2) (3) planning, designing, and platting of land and subdivisions including the
2.12topography, alignment and grades of streets; and
2.13(3) (4) preparing and perpetuating maps, record plats, and property descriptions.
2.14Any person who offers to perform, holds out as being able to perform, orwho does
2.15perform land surveying for others shall be practicing land surveying.
2.16Nothing contained in the provisions of sections326.02 to
326.15 , shall prohibit a
2.17licensed professional engineer, architect, landscape architect, or professional geoscientist
2.18from doing any work included in the practice of engineering, architecture, landscape
2.19architecture, and professional geoscience, if the work does not involve the establishment
2.20or reestablishment of property cornersor, property lines, or public land survey system
2.21corners or lines.
2.22 Sec. 3. Minnesota Statutes 2012, section 326.04, is amended to read:
2.23326.04 BOARD ESTABLISHED.
2.24To carry out the provisions of sections326.02 to
326.15 there is hereby created
2.25a Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
2.26Geoscience, and Interior Design consisting of 21 members, who shall be appointed by
2.27the governor. Three members shall be licensed architects, five members shall be licensed
2.28engineers, two members shall be licensed landscape architects, two members shall be
2.29licensed land surveyors, two members shall be certified interior designers, two members
2.30shall be licensed geoscientists, and five members shall be public members. Not more than
2.31one member of the board shall be from the same branch of the profession of engineering.
2.32The first professional geoscientist members shall be appointed as soon as possible and no
2.33later than October 1, 1995. One of these members shall serve for a term to end January
2.341, 1997. The other member shall serve for a term to end January 1, 1999. The second
3.1licensed landscape architect and certified interior designer members shall be appointed
3.2to succeed the two public members whose terms end on January 1, 1996. The second
3.3licensed landscape architect and certified interior designer members shall be appointed
3.4by the governor no later than October 1, 1995, and shall serve a term to end on January
3.51, 2000. During the time from the appointment of these members until January 1, 1996,
3.6the board shall consist of 23 members. Membership terms, compensation of members,
3.7removal of members, the filling of membership vacancies, and fiscal year and reporting
3.8requirements shall be as provided in sections214.07 to
214.09 . Members shall be limited
3.9to two terms. The provision of staff, administrative services and office space; the review
3.10and processing of complaints; the setting of board fees; and other provisions relating to
3.11board operations shall be as provided in chapter 214.
3.12 Sec. 4. Minnesota Statutes 2012, section 326.10, subdivision 1, is amended to read:
3.13 Subdivision 1. Issuance.(a) The board shall on application therefor on a prescribed
3.14form, and upon payment of a fee prescribed by rule of the board, issue a license or
3.15certificate as an architect, engineer, land surveyor, landscape architect, geoscientist, or
3.16certified interior designer. A separate fee shall be paid for each profession licensed.
3.17(1) To any person over 25 years of age, who is of good moral character and repute,
3.18and who has the experience and educational qualifications which the board by rule may
3.19prescribe.
3.20(2) To any person who holds an unexpired certificate of registration or license issued
3.21by proper authority in the District of Columbia, any state or territory of the United States,
3.22or any foreign country, in which the requirements for registration or licensure of architects,
3.23engineers, land surveyors, landscape architects, geoscientists, or certified interior
3.24designers, respectively, at the time of registration or licensure in the other jurisdiction, were
3.25equal, in the opinion of the board, to those fixed by the board and by the laws of this state,
3.26and in which similar privileges are extended to the holders of certificates of registration or
3.27licensure issued by this state. The board may require such person to submit a certificate of
3.28technical qualification from the National Council of Architectural Registration Boards
3.29in the case of an architect, from the National Council of Examiners for Engineering
3.30and Surveying in the case of an engineer, from the Council of Landscape Architectural
3.31Registration Boards in the case of a landscape architect, and from the National Council for
3.32Interior Design Qualification in the case of a certified interior designer.
3.33(b) Notwithstanding paragraph (a), for one year from the effective date of rules
3.34adopted by the board with respect to the discipline of professional geoscience, the board
4.1may accept as evidence that the applicant is qualified for licensing in the discipline of
4.2professional geoscience:
4.3(1) a record of graduation with a baccalaureate degree from a school or college
4.4having accreditation defined by the board and a geoscience or associated science
4.5curriculum approved by the board; and
4.6(2) at least five years of active professional practice in the discipline of professional
4.7geoscience as approved by the board.
4.8 Sec. 5. Minnesota Statutes 2012, section 326.10, subdivision 2a, is amended to read:
4.9 Subd. 2a. Needs of physically disabled, inclusion in examination. Examinations
4.10for architect, civil structural engineer, landscape architect, and certified interior designer
4.11shall include questions which require the applicant to demonstrate knowledge of the
4.12design needs of people with physical disabilities and of the relevant statutes and codes.
4.13The questions shall be developed by the board in consultation with the Department
4.14of Administration.
4.15 Sec. 6. Minnesota Statutes 2012, section 326.10, subdivision 7, is amended to read:
4.16 Subd. 7. Engineer, land surveyor, geoscientist; in-training. (1) An applicant for
4.17certification as an engineer-in-training who is a graduate with a bachelor of engineering
4.18degree from a school or college having an accredited engineering curriculumaccredited by
4.19the engineers' council for professional development or whose education, in the opinion of
4.20the board, is equivalent thereto, shall receive from the board, upon passing an examination
4.21in fundamental engineering subjects, a certificate stating that the applicant has passed such
4.22examination and that the applicant's name has been recorded as an engineer-in-training.
4.23(2) An applicant for certification as a land surveyor-in-training who is a graduate
4.24with a bachelor's degree from a school or college having an accredited engineering or
4.25land surveying curriculum or who has equivalent education, in the opinion of the board,
4.26shall receive from the board, upon passing a written examination in the fundamentals
4.27of mathematics and the basic principles of land surveying, a certificate stating that the
4.28applicant has passed such examination and that the applicant's name has been recorded as
4.29a land surveyor-in-training.
4.30(3) An applicant for certification as a geoscientist-in-training who is a graduate with
4.31a baccalaureate degree from a school or college having accreditation defined by the board
4.32and a geoscience or associated science curriculum approved by the board, shall receive
4.33from the board, upon passing the appropriate examination in fundamental geoscience
4.34subjects for the applicant's discipline as approved by the board, a certificate stating that
5.1the applicant's name has been recorded as a geoscientist-in-training with the appropriate
5.2geoscientist-in-training legend as approved by the board.
5.3 Sec. 7. Minnesota Statutes 2012, section 326.10, subdivision 9, is amended to read:
5.4 Subd. 9. Reinstatement of expired license or certificate. A licensee or certificate
5.5holder whose license or certificate has expired may reinstate the expired license or
5.6certificate by satisfying all prior continuing education requirements to a maximum of 48
5.7professional development hours, by paying all of the renewal fees due for all prior renewal
5.8periods that the license or certificate was expired and the current renewal period, and paying
5.9a delayed renewal fee in the amount set by the board. The continuing education requirement
5.10must be satisfied with professional development hours completed within the four years
5.11immediately prior to reinstatement and may not include any professional development
5.12hours that had previously been used to renew the license or certificate being reinstated.
5.13To reinstate an expired license or certificate, the licensee or certificate holder must
5.14file with the board an application for reinstatement consisting of a fully completed form
5.15provided by the board and the fees specified in this subdivision. The form must be signed,
5.16contain all of the information requested, and clearly show that the licensee or certificate
5.17holder either has completed the minimum number of required professional development
5.18hours, has provided a certification under section326.107, subdivision 5 , to the board, or
5.19has been granted an exemption under section326.107, subdivision 4 . An application
5.20for reinstatement that does not comply with the requirements of this subdivision is an
5.21incomplete application and must not be accepted by the board.
5.22 Sec. 8. Minnesota Statutes 2012, section 326.107, subdivision 1, is amended to read:
5.23 Subdivision 1. Requirements. (a) Architects, professional engineers, land
5.24surveyors, landscape architects, geoscientists, and interior designers licensed or certified
5.25by this board must obtain the number of professional development hours described in
5.26paragraphs (b) to (d) during each two-year period of licensure or certification identified in
5.27section326.105 . This requirement must be satisfied during the two-year period prior to
5.28biennial renewal except for a carryover permitted from the previous renewal period, which
5.29must not exceed 50 percent of the biennial requirement of professional development hours.
5.30(b) Licensed professional engineers must earn a minimum of 24 professional
5.31development hours, of which two must be dedicated to professional ethics, per biennial
5.32renewal except for the carryover permitted. The ethics hours must have been earned
5.33during the biennium to which they are applied and shall not be used toward carryover.
6.1(c) Licensed architects, land surveyors, landscape architects, geoscientists, and
6.2certified interior designers must earn a minimum of 24 professional development hours,
6.3of which two must be dedicated to professional ethics, per biennial renewal except for
6.4the carryover permitted. The ethics hours must have been earned during the biennium to
6.5which they are applied and shall not be used toward carryover.
6.6(d) Dual license or certificate holders who have obtained a license or certificate for
6.7two professions must earn professional development hours required by the license or
6.8certificate requiring the greatest number of professional development hours and must
6.9obtain in each profession a minimum of one-third of the total professional development
6.10hours required. The remaining one-third requirement may be obtained in either profession
6.11at the sole discretion of the licensee or certificate holder.
6.12 Sec. 9. Minnesota Statutes 2012, section 326.107, subdivision 2, is amended to read:
6.13 Subd. 2. Programs and activities. Continuing education must consist of learning
6.14experiences which enhance and expand the skills, knowledge, and abilities of practicing
6.15professionals to remain current and render competent professional services to the public.
6.16Practitioners may pursue technical, nontechnical, regulatory, ethical, and business
6.17practice needs for a well-rounded education provided the education directly benefits the
6.18health, safety, or welfare of the public. Continuing education activities which satisfy the
6.19professional development requirement include, but are not limited to, the following:
6.20(1) completing or auditing college-sponsored courses;
6.21(2) completing self-study college or non-college-sponsored courses, presented by
6.22correspondence, Internet, television, video, or audio, ending with examination or other
6.23verification processes;
6.24(3) participation in seminars, tutorials, televised or videotaped courses, or short
6.25courses;
6.26(4) attending self-sponsored and prepared in-house educational programs;
6.27(5) completing a study tour with a structured program resulting in a written or visual
6.28presentation by the licensee or certificate holder;
6.29(6) presenting or instructing qualifying courses or seminars. Professional
6.30development hours may be earned for preparation time for the initial presentation;
6.31(7) authoring published papers, articles, or books. Professional development hours
6.32earned may equal preparation time spent, may be claimed only following publication, and
6.33shall be given for authorship or presentation, but not for both;
6.34(8) participating in professional examination grading or writing. A maximum of five
6.35professional development hours per biennium may be applied from this source. The hours
7.1from this source must have been earned during the biennium to which they are applied
7.2and shall not be used toward carryover;
7.3(9) providing professional service to the public which draws upon the licensee's
7.4or certificate holder's professional expertise on boards, commissions, and committees
7.5such as planning commissions, building code advisory boards, urban renewal boards,
7.6or non-work-related volunteer service. A maximum of ten professional development
7.7hours per biennium may be applied from this source regardless of the number of boards,
7.8commissions, and committees the licensee or certificate holder serves. The hours from
7.9this source must have been earned during the biennium to which they are applied and
7.10shall not be used toward carryover; and
7.11(10) patents, after they are granted, for a credit of ten professional development
7.12hours. The patent must have been granted during the biennium to which the hours are
7.13applied and shall not be used toward carryover.
7.14 Sec. 10. Minnesota Statutes 2012, section 326.107, subdivision 7, is amended to read:
7.15 Subd. 7. Reports and records. The licensee or certificate holder shall maintain a
7.16file in which records of courses and activities are kept, including dates, subjects, duration
7.17of programs, sponsoring organization, professional development hours earned, registration
7.18receipts where appropriate, and other pertinent documentation, for a period oftwo four
7.19 years aftersubmission to the board the end of the licensure period for which the hours apply.
7.20This information may be required to be produced by licensees or certificate holders. The
7.21board may require a licensee or certificate holder to produce this information in connection
7.22with verification of a renewal application, a random audit conducted by the board, or upon
7.23receipt of a complaint alleging noncompliance on the part of a licensee or certificate holder.
7.24 Sec. 11. Minnesota Statutes 2012, section 326.111, subdivision 3, is amended to read:
7.25 Subd. 3. Cease and desist orders. (a) The board, or the complaint committee if
7.26authorized by the board, may issue and have served upon a person an order requiring the
7.27person to cease and desist from the unauthorized practice of architecture, engineering,
7.28land surveying, landscape architecture, geoscience, or the unauthorized use of thetitle
7.29 titles architect, professional engineer, land surveyor, landscape architect, professional
7.30geologist, professional soil scientist, certified interior designer, or violation of the statute,
7.31rule, or order. The order shall be calculated to give reasonable notice of the rights of the
7.32person to request a hearing and shall state the reasons for the entry of the order.
8.1(b) Service of the order is effective if the order is served on the person or counsel of
8.2record personally or by certified mail to the most recent address provided to the board for
8.3the person or counsel of record.
8.4(c) Unless otherwise agreed by the board, or the complaint committee if authorized
8.5by the board, and the person requesting the hearing, the hearing shall be held no later than
8.630 days after the request for the hearing is received by the board.
8.7(d) The administrative law judge shall issue a report within 30 days of the close of
8.8the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100,
8.9subpart 3. Within 30 days after receiving the report and any exceptions to it, the board
8.10shall issue a further order vacating, modifying, or making permanent the cease and desist
8.11orders as the facts require.
8.12(e) If no hearing is requested within 30 days of service of the order, the order
8.13becomes final and remains in effect until it is modified or vacated by the board.
8.14(f) If the person to whom a cease and desist order is issued fails to appear at the
8.15hearing after being duly notified, the person is in default and the proceeding may be
8.16determined against that person upon consideration of the cease and desist order, the
8.17allegations of which may be considered to be true.
8.18 Sec. 12. Minnesota Statutes 2012, section 326.12, subdivision 2, is amended to read:
8.19 Subd. 2. Seal. Each licensee or certificate holder may, upon licensure or certification,
8.20obtain a sealof a design approved by the board, bearing the licensee's or certificate holder's
8.21name and the legend "licensed architect," "licensed professional engineer," "licensed land
8.22surveyor," "licensed landscape architect," the appropriate licensed professional geoscientist
8.23legend as defined by the board, or "certified interior designer." Plans, specifications, plats,
8.24reports, and other documents prepared by a licensee or certificate holder may be stamped
8.25with the seal during the life of the license or certificate. A rubber stamp facsimile thereof
8.26may be used in lieu of the seal on tracings from which prints are to be made or on papers
8.27which would be damaged by the regular seal. It shall be unlawful for any one to stamp or
8.28seal any document with the stamp or seal after the license or certificate has expired, been
8.29revoked or suspended, unless said license or certificate shall have been renewed or reissued.
8.30 Sec. 13. REPEALER.
8.31Minnesota Statutes 2012, section 326.107, subdivision 5, is repealed.
1.3engineering, land surveying, landscape architecture, geoscience, and interior
1.4design professions;amending Minnesota Statutes 2012, sections 326.02,
1.5subdivisions 3, 4; 326.04; 326.10, subdivisions 1, 2a, 7, 9; 326.107, subdivisions
1.61, 2, 7; 326.111, subdivision 3; 326.12, subdivision 2; repealing Minnesota
1.7Statutes 2012, section 326.107, subdivision 5.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 326.02, subdivision 3, is amended to read:
1.10 Subd. 3. Practice of professional engineering. (a) Any person shall be deemed to
1.11be practicing professional engineering within the meaning of sections
1.12who holds out as being able to perform or who does perform any technical professional
1.13service, such as planning, design or observation of construction for the purpose of
1.14assuring compliance with specifications and design, in connection with any public or
1.15private structures, buildings, utilities, machines, equipment, processes, works, or projects
1.16wherein the public welfare or the safeguarding of life, health, or property is concerned
1.17or involved, when such professional service requires the application of the principles of
1.18mathematics and the physical and applied engineering sciences, acquired by education
1.19or training, and by experience.
1.20(b) No person other than one licensed under sections 326.02 to 326.15 as a
1.21professional engineer may:
1.22(1) use the term "professional engineer";
1.23(2) use any other abbreviation or term, including the initials "P.E." or "PE" by
1.24signature, verbal claim, sign, advertisement, letterhead, card, or similar means that would
1.25lead the public to believe that the person was a 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 professional engineer.
2.3 Sec. 2. Minnesota Statutes 2012, section 326.02, subdivision 4, is amended to read:
2.4 Subd. 4. Practice of land surveying. Land surveying means the application of
2.5the principles of mathematics, physical and applied sciences and law to measuring and
2.6locating lines, angles, elevations and natural or artificial features in the air, on the surface
2.7of the earth, underground and on the beds of bodies of water for the purpose of:
2.8(1) determining, monumenting, establishing, or reestablishing property boundaries;
2.9(2) determining, monumenting, or reestablishing the position for any public land
2.10survey system corner or line;
2.11
2.12topography, alignment and grades of streets; and
2.13
2.14Any person who offers to perform, holds out as being able to perform, or
2.15perform land surveying for others shall be practicing land surveying.
2.16Nothing contained in the provisions of sections
2.17licensed professional engineer, architect, landscape architect, or professional geoscientist
2.18from doing any work included in the practice of engineering, architecture, landscape
2.19architecture, and professional geoscience, if the work does not involve the establishment
2.20or reestablishment of property corners
2.21corners or lines.
2.22 Sec. 3. Minnesota Statutes 2012, section 326.04, is amended to read:
2.23326.04 BOARD ESTABLISHED.
2.24To carry out the provisions of sections
2.25a Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
2.26Geoscience, and Interior Design consisting of 21 members, who shall be appointed by
2.27the governor. Three members shall be licensed architects, five members shall be licensed
2.28engineers, two members shall be licensed landscape architects, two members shall be
2.29licensed land surveyors, two members shall be certified interior designers, two members
2.30shall be licensed geoscientists, and five members shall be public members. Not more than
2.31one member of the board shall be from the same branch of the profession of engineering.
2.32
2.33
2.34
3.1
3.2
3.3
3.4
3.5
3.6
3.7removal of members, the filling of membership vacancies, and fiscal year and reporting
3.8requirements shall be as provided in sections
3.9to two terms. The provision of staff, administrative services and office space; the review
3.10and processing of complaints; the setting of board fees; and other provisions relating to
3.11board operations shall be as provided in chapter 214.
3.12 Sec. 4. Minnesota Statutes 2012, section 326.10, subdivision 1, is amended to read:
3.13 Subdivision 1. Issuance.
3.14form, and upon payment of a fee prescribed by rule of the board, issue a license or
3.15certificate as an architect, engineer, land surveyor, landscape architect, geoscientist, or
3.16certified interior designer. A separate fee shall be paid for each profession licensed.
3.17(1) To any person over 25 years of age, who is of good moral character and repute,
3.18and who has the experience and educational qualifications which the board by rule may
3.19prescribe.
3.20(2) To any person who holds an unexpired certificate of registration or license issued
3.21by proper authority in the District of Columbia, any state or territory of the United States,
3.22or any foreign country, in which the requirements for registration or licensure of architects,
3.23engineers, land surveyors, landscape architects, geoscientists, or certified interior
3.24designers, respectively, at the time of registration or licensure in the other jurisdiction, were
3.25equal, in the opinion of the board, to those fixed by the board and by the laws of this state,
3.26and in which similar privileges are extended to the holders of certificates of registration or
3.27licensure issued by this state. The board may require such person to submit a certificate of
3.28technical qualification from the National Council of Architectural Registration Boards
3.29in the case of an architect, from the National Council of Examiners for Engineering
3.30and Surveying in the case of an engineer, from the Council of Landscape Architectural
3.31Registration Boards in the case of a landscape architect, and from the National Council for
3.32Interior Design Qualification in the case of a certified interior designer.
3.33
3.34
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8 Sec. 5. Minnesota Statutes 2012, section 326.10, subdivision 2a, is amended to read:
4.9 Subd. 2a. Needs of physically disabled, inclusion in examination. Examinations
4.10for architect, civil structural engineer, landscape architect, and certified interior designer
4.11shall include questions which require the applicant to demonstrate knowledge of the
4.12design needs of people with physical disabilities and of the relevant statutes and codes.
4.13
4.14
4.15 Sec. 6. Minnesota Statutes 2012, section 326.10, subdivision 7, is amended to read:
4.16 Subd. 7. Engineer, land surveyor, geoscientist; in-training. (1) An applicant for
4.17certification as an engineer-in-training who is a graduate with a bachelor of engineering
4.18degree from a school or college having an accredited engineering curriculum
4.19
4.20the board, is equivalent thereto, shall receive from the board, upon passing an examination
4.21in fundamental engineering subjects, a certificate stating that the applicant has passed such
4.22examination and that the applicant's name has been recorded as an engineer-in-training.
4.23(2) An applicant for certification as a land surveyor-in-training who is a graduate
4.24with a bachelor's degree from a school or college having an accredited engineering or
4.25land surveying curriculum or who has equivalent education, in the opinion of the board,
4.26shall receive from the board, upon passing a written examination in the fundamentals
4.27of mathematics and the basic principles of land surveying, a certificate stating that the
4.28applicant has passed such examination and that the applicant's name has been recorded as
4.29a land surveyor-in-training.
4.30(3) An applicant for certification as a geoscientist-in-training who is a graduate with
4.31a baccalaureate degree from a school or college having accreditation defined by the board
4.32and a geoscience or associated science curriculum approved by the board, shall receive
4.33from the board, upon passing the appropriate examination in fundamental geoscience
4.34subjects for the applicant's discipline as approved by the board, a certificate stating that
5.1the applicant's name has been recorded as a geoscientist-in-training with the appropriate
5.2geoscientist-in-training legend as approved by the board.
5.3 Sec. 7. Minnesota Statutes 2012, section 326.10, subdivision 9, is amended to read:
5.4 Subd. 9. Reinstatement of expired license or certificate. A licensee or certificate
5.5holder whose license or certificate has expired may reinstate the expired license or
5.6certificate by satisfying all prior continuing education requirements to a maximum of 48
5.7professional development hours, by paying all of the renewal fees due for all prior renewal
5.8periods that the license or certificate was expired and the current renewal period, and paying
5.9a delayed renewal fee in the amount set by the board. The continuing education requirement
5.10must be satisfied with professional development hours completed within the four years
5.11immediately prior to reinstatement and may not include any professional development
5.12hours that had previously been used to renew the license or certificate being reinstated.
5.13To reinstate an expired license or certificate, the licensee or certificate holder must
5.14file with the board an application for reinstatement consisting of a fully completed form
5.15provided by the board and the fees specified in this subdivision. The form must be signed,
5.16contain all of the information requested, and clearly show that the licensee or certificate
5.17holder either has completed the minimum number of required professional development
5.18hours, has provided a certification under section
5.19has been granted an exemption under section
5.20for reinstatement that does not comply with the requirements of this subdivision is an
5.21incomplete application and must not be accepted by the board.
5.22 Sec. 8. Minnesota Statutes 2012, section 326.107, subdivision 1, is amended to read:
5.23 Subdivision 1. Requirements. (a) Architects, professional engineers, land
5.24surveyors, landscape architects, geoscientists, and interior designers licensed or certified
5.25by this board must obtain the number of professional development hours described in
5.26paragraphs (b) to (d) during each two-year period of licensure or certification identified in
5.27section
5.28biennial renewal except for a carryover permitted from the previous renewal period, which
5.29must not exceed 50 percent of the biennial requirement of professional development hours.
5.30(b) Licensed professional engineers must earn a minimum of 24 professional
5.31development hours, of which two must be dedicated to professional ethics, per biennial
5.32renewal except for the carryover permitted. The ethics hours must have been earned
5.33during the biennium to which they are applied and shall not be used toward carryover.
6.1(c) Licensed architects, land surveyors, landscape architects, geoscientists, and
6.2certified interior designers must earn a minimum of 24 professional development hours,
6.3of which two must be dedicated to professional ethics, per biennial renewal except for
6.4the carryover permitted. The ethics hours must have been earned during the biennium to
6.5which they are applied and shall not be used toward carryover.
6.6(d) Dual license or certificate holders who have obtained a license or certificate for
6.7two professions must earn professional development hours required by the license or
6.8certificate requiring the greatest number of professional development hours and must
6.9obtain in each profession a minimum of one-third of the total professional development
6.10hours required. The remaining one-third requirement may be obtained in either profession
6.11at the sole discretion of the licensee or certificate holder.
6.12 Sec. 9. Minnesota Statutes 2012, section 326.107, subdivision 2, is amended to read:
6.13 Subd. 2. Programs and activities. Continuing education must consist of learning
6.14experiences which enhance and expand the skills, knowledge, and abilities of practicing
6.15professionals to remain current and render competent professional services to the public.
6.16Practitioners may pursue technical, nontechnical, regulatory, ethical, and business
6.17practice needs for a well-rounded education provided the education directly benefits the
6.18health, safety, or welfare of the public. Continuing education activities which satisfy the
6.19professional development requirement include, but are not limited to, the following:
6.20(1) completing or auditing college-sponsored courses;
6.21(2) completing self-study college or non-college-sponsored courses, presented by
6.22correspondence, Internet, television, video, or audio, ending with examination or other
6.23verification processes;
6.24(3) participation in seminars, tutorials, televised or videotaped courses, or short
6.25courses;
6.26(4) attending self-sponsored and prepared in-house educational programs;
6.27(5) completing a study tour with a structured program resulting in a written or visual
6.28presentation by the licensee or certificate holder;
6.29(6) presenting or instructing qualifying courses or seminars. Professional
6.30development hours may be earned for preparation time for the initial presentation;
6.31(7) authoring published papers, articles, or books. Professional development hours
6.32earned may equal preparation time spent, may be claimed only following publication, and
6.33shall be given for authorship or presentation, but not for both;
6.34(8) participating in professional examination grading or writing. A maximum of five
6.35professional development hours per biennium may be applied from this source. The hours
7.1from this source must have been earned during the biennium to which they are applied
7.2and shall not be used toward carryover;
7.3(9) providing professional service to the public which draws upon the licensee's
7.4or certificate holder's professional expertise on boards, commissions, and committees
7.5such as planning commissions, building code advisory boards, urban renewal boards,
7.6or non-work-related volunteer service. A maximum of ten professional development
7.7hours per biennium may be applied from this source regardless of the number of boards,
7.8commissions, and committees the licensee or certificate holder serves. The hours from
7.9this source must have been earned during the biennium to which they are applied and
7.10shall not be used toward carryover; and
7.11(10) patents, after they are granted, for a credit of ten professional development
7.12hours. The patent must have been granted during the biennium to which the hours are
7.13applied and shall not be used toward carryover.
7.14 Sec. 10. Minnesota Statutes 2012, section 326.107, subdivision 7, is amended to read:
7.15 Subd. 7. Reports and records. The licensee or certificate holder shall maintain a
7.16file in which records of courses and activities are kept, including dates, subjects, duration
7.17of programs, sponsoring organization, professional development hours earned, registration
7.18receipts where appropriate, and other pertinent documentation, for a period of
7.19 years after
7.20This information may be required to be produced by licensees or certificate holders. The
7.21board may require a licensee or certificate holder to produce this information in connection
7.22with verification of a renewal application, a random audit conducted by the board, or upon
7.23receipt of a complaint alleging noncompliance on the part of a licensee or certificate holder.
7.24 Sec. 11. Minnesota Statutes 2012, section 326.111, subdivision 3, is amended to read:
7.25 Subd. 3. Cease and desist orders. (a) The board, or the complaint committee if
7.26authorized by the board, may issue and have served upon a person an order requiring the
7.27person to cease and desist from the unauthorized practice of architecture, engineering,
7.28land surveying, landscape architecture, geoscience, or the unauthorized use of the
7.29 titles architect, professional engineer, land surveyor, landscape architect, professional
7.30geologist, professional soil scientist, certified interior designer, or violation of the statute,
7.31rule, or order. The order shall be calculated to give reasonable notice of the rights of the
7.32person to request a hearing and shall state the reasons for the entry of the order.
8.1(b) Service of the order is effective if the order is served on the person or counsel of
8.2record personally or by certified mail to the most recent address provided to the board for
8.3the person or counsel of record.
8.4(c) Unless otherwise agreed by the board, or the complaint committee if authorized
8.5by the board, and the person requesting the hearing, the hearing shall be held no later than
8.630 days after the request for the hearing is received by the board.
8.7(d) The administrative law judge shall issue a report within 30 days of the close of
8.8the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100,
8.9subpart 3. Within 30 days after receiving the report and any exceptions to it, the board
8.10shall issue a further order vacating, modifying, or making permanent the cease and desist
8.11orders as the facts require.
8.12(e) If no hearing is requested within 30 days of service of the order, the order
8.13becomes final and remains in effect until it is modified or vacated by the board.
8.14(f) If the person to whom a cease and desist order is issued fails to appear at the
8.15hearing after being duly notified, the person is in default and the proceeding may be
8.16determined against that person upon consideration of the cease and desist order, the
8.17allegations of which may be considered to be true.
8.18 Sec. 12. Minnesota Statutes 2012, section 326.12, subdivision 2, is amended to read:
8.19 Subd. 2. Seal. Each licensee or certificate holder may, upon licensure or certification,
8.20obtain a seal
8.21name and the legend "licensed architect," "licensed professional engineer," "licensed land
8.22surveyor," "licensed landscape architect," the appropriate licensed professional geoscientist
8.23legend as defined by the board, or "certified interior designer." Plans, specifications, plats,
8.24reports, and other documents prepared by a licensee or certificate holder may be stamped
8.25with the seal during the life of the license or certificate. A rubber stamp facsimile thereof
8.26may be used in lieu of the seal on tracings from which prints are to be made or on papers
8.27which would be damaged by the regular seal. It shall be unlawful for any one to stamp or
8.28seal any document with the stamp or seal after the license or certificate has expired, been
8.29revoked or suspended, unless said license or certificate shall have been renewed or reissued.
8.30 Sec. 13. REPEALER.
8.31Minnesota Statutes 2012, section 326.107, subdivision 5, is repealed.
