Legislature(2013 - 2014)BARNES 124
02/25/2014 08:00 AM House ADMINISTRATIVE REGULATION REVIEW
| Audio | Topic |
|---|---|
| Start | |
| Proposed Regulations for Dcced: Board of Architects, Engineers, & Land Surveyors, 12 Aac 02.110 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
ADMINISTRATIVE REGULATION REVIEW COMMITTEE
February 25, 2014
8:01 a.m.
MEMBERS PRESENT
Representative Lora Reinbold, Chair
Senator Cathy Giessel, Vice Chair
Representative Mike Hawker
Senator Gary Stevens
MEMBERS ABSENT
Representative Geran Tarr
Senator Hollis French
COMMITTEE CALENDAR
PROPOSED REGULATIONS FOR DCCED: BOARD OF ARCHITECTS~ ENGINEERS~
& LAND SURVEYORS~ 12 AAC 02.110
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
SARA CHAMBERS, Professional Licensing Operations Manager
Division of Corporations, Business, and Professional Licensing
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Presented proposed regulation 12 AAC
02.110.
ERIC ERIKSEN
State Board of Registration for Architects, Engineers, and Land
Surveyors
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: During review of the proposed regulations,
12 AAC 02.110, answered questions.
ACTION NARRATIVE
8:01:42 AM
CHAIR LORA REINBOLD called the Administrative Regulation Review
Committee meeting to order at 8:01 a.m. Representatives Hawker
and Reinbold and Senators Giessel and Stevens were present at
the call to order.
8:02:33 AM
CHAIR REINBOLD explained that the Administrative Regulation
Review Committee has the power to hold public hearings and
examine all regulations, including proposed regulations,
amendments, and orders of repeal, to determine if properly
implemented per legislative intent. The committee also provides
comments to the governor and state agencies in order to promote
needed revisions or repeal of regulations that have been
adopted. When the committee determines a regulation should be
repealed or amended, the committee can introduce legislation
that supersedes or nullifies the regulation.
^Proposed Regulations for DCCED: Board of Architects, Engineers,
& Land Surveyors, 12 AAC 02.110
Proposed Regulations for DCCED: Board of Architects, Engineers,
& Land Surveyors, 12 AAC 02.110
8:03:16 AM
CHAIR REINBOLD then announced that the only order of business
would be the proposed regulation 12 AAC 02.110 for the Board of
Architects, Engineers, & Land Surveyors, Department of Commerce,
Community & Economic Development (DCCED).
8:03:50 AM
SARA CHAMBERS, Professional Licensing Operations Manager,
Division of Corporations, Business, and Professional Licensing,
Department of Commerce, Community & Economic Development,
explained that the State Board of Registration for Architects,
Engineers, and Land Surveyors ("Board") has initiated the public
process for proposed regulations that would allow the Board to
continue doing business as it does now, but to utilize
technological advances available from the examination company.
The exam for the engineers and land surveyors has moved from a
process in which the division receives applications and then
approves applications to take the exam. Once applicants are
approved to take the exam, the division forwards the applicant's
information to the examination company. Because many of the
testing companies are using new technology to streamline the
process, examinees can now apply directly to the examination
company and take the exam electronically, which bypasses the
Board and reduces the division's workload. However, bypassing
the Board registration results in the Board not knowing who is
working in a pre-licensure state within Alaska. Currently, it's
known who has applied and who has been approved to apply, and
thus the division knows who is practicing in the state in a sort
of limited trainee capacity. Therefore, this proposed
regulation would provide the Board a low impact method of
maintaining awareness of who is practicing in the
apprentice/training capacity, such that they can be monitored.
There is not a high threshold proposed for application as
basically, the applicant has to take the exam, pass the exam,
and pay a nominal fee for application as they currently do. The
aforementioned would allow the division to know who these
individuals are, how they are credentialed, and be able to
provide that service as they move toward licensure.
8:08:34 AM
CHAIR REINBOLD directed attention to a memorandum dated February
17, 2014, from Legislative Legal Services, which says "... the
proposed regulations are beyond the authority granted under
existing statutes, which do not appear to authorize --
explicitly or implicitly -- the Board to regulate 'in training'
engineers or surveyors."
MS. CHAMBERS acknowledged that concern, but related her belief
that the Board intends to continue to accomplish the same
business practice they currently have. Because the Board would
be relieved of one of the tools through the new exam application
process, the mechanism is a certification process that wouldn't
place any additional burden on the in training applicant. Since
the Board proposes to achieve the same goal with a term that
would normally exist in statute clearly delineated as a
certification process, the department is not proposing any
change in the ultimate result. The department merely wants an
opportunity to maintain that business practice. She suggested
that perhaps some of the language is the stumbling block.
8:10:16 AM
SENATOR GIESSEL inquired as to the authority under which [the
State Board of Registration for Architects, Engineers, and Land
Surveyors] operates currently.
MS. CHAMBERS answered that the Board operates under its
authority to require applicants to be approved prior to sitting
for the exam. In further response to Senator Giessel, Ms.
Chambers pointed out that under the proposed regulations 12 AAC
36.062(d) existing language being deleted specifies that "an
applicant's education and experience must meet the requirements
of this subsection." Therefore, the Board is the authority that
determines who meets the requirements and is the approving
authority for those to apply for the exam. Ms. Chambers offered
to obtain more information.
8:12:29 AM
SENATOR GIESSEL highlighted that the boards, in terms of their
authority, don't operate under Alaska Administrative Code but
rather under statute. She clarified that she is interested in
the statutory authority that allowed Alaska Administrative Code
to be written by the Board.
MS. CHAMBERS stated that statutory authority is specified in the
proposed regulations. She informed the committee that the
statutory authority for 12 AAC 36.063(a)(1) is AS 08.48.101, AS
08.48.171, and AS 08.48.181.
8:13:26 AM
CHAIR REINBOLD, according to the Legislative Legal Services
memorandum, pointed out that AS 08.48 seems to suggest that in
training engineers or surveyors are not covered under AS 08.48.
8:13:49 AM
MS. CHAMBERS reiterated that this is a proposal to obtain
information that the Board has received via the approval process
through another administrative tool, both of which allow the
Board to know who is practicing in Alaska. The Board's existing
tool is the application for examination, which provides the
Board the knowledge as to who is practicing in Alaska because it
knows who has applied for the exam and who has passed the exam.
The [proposed] tool would be [for the applicant] to let the
Board and the division know they have passed the exam and plan
to practice in Alaska. Ms. Chambers highlighted that the net
effect is the same, but the tool to arrive at that net effect is
different.
8:14:32 AM
REPRESENTATIVE HAWKER directed attention to the last paragraph
in the Legislative Legal Services memorandum, which says "I
raised these concerns with the Assistant Attorney General
working with the Board on these regulations and the attorney
agreed that AS 08.48 does not appear to authorize the Board to
regulate 'in training' surveyors and engineers." Therefore, he
suggested the division should seek counsel from the [Department
of Law] to draft legislation that expands the authority [for the
Board to regulate in training surveyors and engineers] as
appropriate.
MS. CHAMBERS noted her appreciation for the suggestion and
welcomed the committee's assistance. She then informed the
committee that the division's attorney advised the division to
continue forward with public comment. However, if [legislation]
is the best manner in which to move forward, it will be
considered and discussed, she remarked.
8:16:48 AM
SENATOR STEVENS opined that from an applicant's perspective, the
process seems backwards. He asked if an applicant always has to
take the exam prior to obtaining approval to take the exam.
MS. CHAMBERS explained that currently an applicant has to
receive Board approval prior to taking the exam. The proposal
is to remove Board approval from the process such that the
applicant would work directly with the examination company and
then provide proof of taking the exam in order to receive the in
training recognition. In further response to Senator Stevens,
Ms. Chambers confirmed that no one would receive approval until
after taking the exam.
8:18:31 AM
REPRESENTATIVE HAWKER asked whether the Board has a problem with
the proposed regulations and whether there would be any problem
with bringing statutory authority to do so before the
legislature.
8:18:44 AM
ERIC ERIKSEN, State Board of Registration for Architects,
Engineers, and Land Surveyors, said he didn't believe there
would be any concern with Representative Hawker's suggestion as
the intent is to take advantage of technology in order to make
the process more efficient for registrants.
8:19:33 AM
CHAIR REINBOLD, upon determining no one else wished to testify,
closed public testimony.
8:19:52 AM
SENATOR GIESSEL recommended that assistant attorney general who
provides services for the Board should be listened to because
he/she was trying to guide the Board such that it stays under
its statutory authority. The Board is constrained by statute
and can't create that authority as it comes through the
legislature.
8:20:35 AM
CHAIR REINBOLD reminded the committee that AS 24.08.036 directs
agencies to include in fiscal notes a specific time in which an
agency will adopt, amend, or repeal a regulation. If the agency
is unable to reach the set deadline, the agency shall set a new
deadline and report to this committee the new deadline and the
reasons for the new deadline. She informed the committee that
from her count there are seven bills that passed last session
that have not met this requirement. Therefore, she said she
would be reaching out to those agencies in order to ensure the
statute is adhered to.
8:21:36 AM
REPRESENTATIVE HAWKER suggested that the chair send a formal
letter on behalf of the Administrative Regulation Review
Committee to the agency requesting they formulate statute that
makes it clear they have authority to impose this proposed
regulation.
CHAIR REINBOLD agreed to do so.
8:22:04 AM
ADJOURNMENT
There being no further business before the committee, the
Administrative Regulation Review Committee meeting was adjourned
at 8:22 a.m.
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