DAR File No. 28604

Commerce, Occupational and Professional Licensing

R156-3a

Architect Licensing Act Rules

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28604
Filed: 04/10/2006, 09:40
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

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

Title 58, Chapter 3a, provides for the licensure of architects. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-3a-201(3) provides that the Architects 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 3a, with respect to architects.

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 the rule was last reviewed in June 2001, it has been amended two times. In May 2003, amendments were filed to reorganize the Architect Intern Development Program (IDP) Committee and to update the National Council for Architectural Registration Board (NCARB) Rules of Conduct to the current edition. No written comments were received by the Division with respect to the rule filing. The amendments were made effective on 06/03/2003. In March 2006, amendments were filed to clarify incidental practice and to update and add the fine schedule to the rule. Hunter Finch with the Governor's Office of Planning and Budget contacted the Division regarding concerns with Subsection R156-3a-501(6) and the existing wording possibly exceeding the maximum fine allowed by statute. As a result of Mr. Finch's written comments, the Division filed a change in proposed rule to add wording which would alleviate Mr. Finch's concerns. Those amendments were made effective on 04/03/2006.

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 3a, with respect to architects. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

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

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 dansjones@utah.gov

Authorized by:

J. Craig Jackson, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact 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 dansjones@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.