Commerce, Occupational and Professional Licensing

Rule R156-22

Professional Engineers and Professional Land Surveyors Licensing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36405
Filed: 06/25/2012 10:09:46 AM

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 22, provides for the licensure of professional engineers, professional land surveyors, and professional structural engineers. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-22-201(3) provides that the Professional Engineers and Professional Land Surveyors 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 22, with respect to professional engineers, professional land surveyors, and professional structural engineers.

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 this rule was last reviewed in November 2007, it has been amended several times. The only written comments the Division received were two emails: a 07/28/2011 email from Steven Judd in which he was clarifying who the proposed amendments affected; and an 08/05/2011 email from Joe Stuart in which he wanted additional clarification on why the proposed rule amendments were needed. The Division replied to both persons and provided the information they requested.

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 22, with respect to professional engineers, professional land surveyors, and professional structural engineers. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

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:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

06/25/2012