DAR File No. 38639

Commerce, Occupational and Professional Licensing

Rule R156-53

Landscape Architects Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38639
Filed: 06/23/2014 03:09:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Landscape Architects Board reviewed the rule and determined minor amendments were needed pertaining to examination requirements and the reinstatement requirements of a license which has expired beyond two years.

Summary of the rule or change:

Subsection R156-53-302b(3) is deleted which removes the requirement to take and pass the "open book, take home Utah Law and Rule Examination" as it is no longer part of the application for licensure. Subsection R156-53-308(3) is added that an applicant for reinstatement for licensure as a landscape architect, whose license has been expired for two or more years, shall provide documentation of having completed 16 hours of continuing education.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-53-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. The Division anticipates the proposed amendments will not result in additional encumbrances for any party beyond what is currently identified by statute and rule.

Compliance costs for affected persons:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. The Division anticipates the proposed amendments will not result in any additional costs or savings to affected persons.

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

This filing modifies the requirements that an individual must meet in order to obtain a license. No fiscal impact to businesses is anticipated.

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:

• Steve Duncombe at the above address, by phone at 801-530-6235, by FAX at 801-530-6511, or by Internet E-mail at sduncombe@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:

08/14/2014

This rule may become effective on:

08/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-53. Landscape Architects Licensing Act Rule.

R156-53-302b. Qualifications for Licensure - Examination Requirements.

In accordance with Subsection 58-53-302(1)(e), an applicant for licensure shall pass the following examinations:

(1) the Landscape Architect Registration Examination (LARE) of the Council of Landscape Architectural Registration Boards; or

(2) the Uniform National Exam for Landscape Architects (UNE) of the Council of Landscape Architectural Registration Boards[; and

(3) as part of the application for licensure, pass all questions on the open book, take home Utah Law and Rule Examination].

 

R156-53-308. Reinstatement of a Landscape Architect License which has Expired Beyond Two Years.

In addition to the requirements in Section R156-1-308g and in accordance with Subsection 58-1-308(6), an applicant for reinstatement for licensure as a landscape architect, whose license has been expired for two or more years, shall:

(1) upon request by the Division, meet with the Board to evaluate the applicant's ability to safely and competently practice landscape architecture;[ and]

(2) pass the Landscape Architect Registration Examination (LARE) of the Council of Landscape Architectural Registration Boards if it is determined by the Board and Division that examination or reexamination is necessary to demonstrate the applicant's ability to safely and competently practice landscape architecture; and

(3) provide documentation that the licensee, within two years prior to the date of the application, completed 16 hours of continuing education.

 

KEY: landscape architects, licensing

Date of Enactment or Last Substantive Amendment: [October 13, 2011]2014

Notice of Continuation: February 7, 2013

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101