DAR File No. 30935

Commerce, Occupational and Professional Licensing

R156-3a-303

Qualifications for Licensure - Examination Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 30935
Filed: 01/30/2008, 09:56
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule amendment is to delete the open book take home law and rule examination. Subsection 58-3a-302(1)(f) allows the division in collaboration with the board to determine the exams that are necessary for licensure. The Architects Licensing Board has recommended this exam is not needed. The change will leave in place the national exam which is provided by the National Council of Architectural Registration Boards (NCARB). The board believes the national exam is sufficient for licensure.

Summary of the rule or change:

In Subsection R156-3a-303(1)(a), the open book take home Utah Law and Rule examination is being deleted.

State statutory or constitutional authorization for this rule:

Sections 58-3a-101 and 58-3a-303.5 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The proposed amendment will result in minimal costs of approximately $75 to the division to reprint the rule once the proposed amendment is made effective. Also, as a result of the proposed amendment, division personnel will save some time in processing the examination contained in architect applications. The net cost/saving will be negligible and will be absorbed in the division's existing budget.

local governments:

The proposed amendment does not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendment only applies to applicants for licensure as an architect.

small businesses and persons other than businesses:

The proposed amendment does not apply to a small business. The proposed amendment only applies to applicants for licensure as an architect. The proposed amendment will result in minor savings of an applicant's time to complete the open book take home examination estimated to be less than one hour per applicant. The exam required a person to look up the answer by reading the appropriate part of the governing statute and rule. The exam basically forced an applicant to read the licensing statute and rule. The division is unable to determine any monetary cost of savings of an applicant's time.

Compliance costs for affected persons:

The proposed amendment only applies to applicants for licensure as an architect. The proposed amendment will result in minor savings of an applicant's time to complete the open book take home examination estimated to be less than one hour per applicant. The exam required a person to look up the answer by reading the appropriate part of the governing statute and rule. The exam basically forced an applicant to read the licensing statute and rule. The division is unable to determine any monetary cost of savings of an applicant's time.

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

No fiscal impact to businesses is anticipated from this rule filing beyond the cost savings addressed in the rule summary. 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:

Dennis Meservy at the above address, by phone at 801-530-6375, by FAX at 801-530-6511, or by Internet E-mail at dmeservy@utah.gov

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:

03/17/2008

Interested persons may attend a public hearing regarding this rule:

2/22/2008 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210 (second floor), Salt Lake City, UT

This rule may become effective on:

03/24/2008

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

R156-3a. Architect Licensing Act Rule.

R156-3a-303. Qualifications for Licensure - Examination Requirements.

(1) In accordance with Subsections 58-3a-302(1)(f) and 58-3a-302(2)(e), an applicant for licensure as an architect (whether by education and experience or by endorsement) shall submit documentation establishing:

(a) [a score of 100% on the open book take home Utah Law and Rule Examination; and

(b)(i) ]a current NCARB Council Record; or

([ii]b) passing scores on all divisions of the ARE as established by the NCARB.

(2) An applicant for licensure may apply directly to NCARB to sit for any part of the ARE examination anytime after having completed the education requirements specified in Section R156-3a-301.

 

KEY: architects, licensing

Date of Enactment or Last Substantive Amendment: [December 24, 2007]2008

Notice of Continuation: April 10, 2006

Authorizing, and Implemented or Interpreted Law: 58-3a-101; 58-1-106(1)(a); 58-1-202(1)(a), 58-3a-303.5