EDU-25-08-00010-P Requirements Relating to Professional Study, Experience, Examination and Endorsement for the Licensure of Architects

6/18/08 N.Y. St. Reg. EDU-25-08-00010-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 25

June 18, 2008

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-25-08-00010-P

Requirements Relating to Professional Study, Experience, Examination and Endorsement for the Licensure of Architects

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

Amendment of sections 69.1, 69.2 and 69.3 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207 (not subdivided), 6504 (not subdivided), 6506(1), (6)(c), 6507(2)(a) and 7304(1), (2) and (3)

Subject:

Requirements relating to professional study, experience examination and endorsement for the licensure of architects.

Purpose:

To align the New York State requirements for admission into the Architect Registration Examination with national standards and amend the endorsement requirements for architects licensed in another jurisdiction prior to 1983 to conform to current practice.

Text of proposed rule:

1. Section 69.1 of the Regulations of the Commissioner of Education is amended, effective October 9, 2008, as follows.

§ 69.1 Professional study [of] and experience requirements for architecture.

(a) Definition. Unless otherwise provided, acceptable accrediting agency means an accrediting agency which is recognized by the United States Commissioner of Education as a reliable authority for the purpose of accreditation at the postsecondary level, and which applies its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner.

(b) Licensure requirement. To meet the professional education and experience requirements [for admission to the examination,] for licensure as an architect in this State, the applicant shall submit evidence of either:

(1)(i) graduation from a professional program in architecture registered by the department, accredited by an [accrediting organization acceptable to the department] acceptable accrediting agency, or determined by the department to be the equivalent of a registered or accredited program; and

(ii) …

(iii) …

(2) …

(b) …

2. Section 69.2 of the Regulations of the Commissioner of Education is amended, effective October 9, 2008, as follows:

§ 69.2 Licensing examinations.

(a) …

(b) …

(c) …

(d) Admission to examination. To meet the professional education and experience requirements for admission to the licensing examination, an applicant shall submit evidence of completion of either:

(1)(i) graduation from a professional program in architecture registered by the department, accredited by an acceptable accrediting agency as defined in section 69.1 of this Part, or determined by the department to be the equivalent of a registered or accredited program; and

(ii) receipt of the degree of bachelor of architecture or master of architecture, or the equivalent as determined by the department, from a school offering a program which meets the requirements of subparagraph (i) of this paragraph; or

(2) completion of experience in architectural work acceptable to the State Board for Architecture or a combination of education and experience totaling 9 years which is determined by the department to be the equivalent of the education and experience credit described in section 69.1(b)(1) of this Part.

3. Section 69.3 of the Regulations of the Commissioner of Education is amended, effective October 9, 2008, as follows:

§ 69.3 Endorsement

For endorsement of a license to practice architecture issued by another jurisdiction, the applicant shall present evidence of having met all the requirements of [section] sections 59.6 and 69.1 of this Title; except an architect licensed in another state or jurisdiction as the result of successful completion of only the professional examination in use before 1983 may be granted licensure upon presentation of evidence of [two] at least five years of work experience, provided that such experience occurs following licensure in such state or jurisdiction and occurs within the seven years immediately preceding licensure by endorsement in this State and such experience is of a grade and character satisfactory to the State Board for Architecture [and passage of a practical examination satisfactory to the State Board for Architecture], or upon completion of those parts of the written examination not previously passed.

Text of proposed rule and any required statements and analyses may be obtained from:

Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Frank Muñoz, Associate Commissioner, Education Department, Office of the Professions, 2nd Fl., West Wing Education Bldg., 89 Washington Ave., Albany, NY 12234, [phone], ext. 470, e-mail: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6504 of the Education Law authorizes the Board of Regents to supervise and the State Education Department to administer admission to and regulate the practice of the professions.

Subdivision (1) of section 6506 of the Education Law authorizes the Board of Regents to supervise the admission to the practice of the professions and to promulgate rules to carry out such supervision.

Paragraph (c) of subdivision (6) of section 6506 of the Education Law authorizes the Commissioner of Education to set experience requirements for the endorsement of licenses from other states or countries.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.

Subdivision (3) of section 7304 of the Education Law requires an applicant for licensure in architecture to have experience satisfactory to the board in appropriate architectural work.

Subdivision (4) of section 7304 of the Education Law requires an applicant for licensure in architecture to pass a licensing examination in accordance with Commissioner's regulations.

2. LEGISLATIVE OBJECTIVES:

The proposed amendment carries out the intent of the aforementioned statutes by establishing licensing examination entry requirements and requirements for the endorsement of licenses issued to applicants in another jurisdiction.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is to align the New York State requirements for admission into the Architect Registration Examination with national standards and to amend the endorsement requirements for architects licensed in another jurisdiction prior to 1983 to conform to current practice.

Traditionally, an applicant with a bachelor's degree or higher in architecture worked for a three year period prior to taking the Architect Registration Examination (ARE). Recently, the National Council of Architectural Registration Boards (NCARB) voted to permit taking the ARE concurrently with the experience gained in the Intern Development Program (IDP). The architecture boards of several states have followed suit.

Under current practices, applicants for licensure in architecture enroll in the IDP to satisfy the experience requirement for licensure. The proposed amendment will enable an applicant to take the licensing examination upon completion of the requirements for admission to the examination and while enrolled in the IDP. In addition to the education requirements and passage of the ARE, an intern will still need to complete the experience requirement prior to licensure.

The proposed amendment also modifies the requirements for endorsement of a license issued in another jurisdiction in order to conform to current practice. The proposed amendment affects architects who were licensed in another jurisdiction prior to 1983 and who took only the professional examination in effect at that time. For these candidates, they will no longer be required to pass a practical examination satisfactory to the State Board for Architecture. Instead, they will required to provide evidence to the State Board for Architecture of at least five years of satisfactory experience in the seven years immediately preceding the granting of a license in New York.

4. COSTS:

(a) Costs to State Government: The amendment will not impose any additional costs on State government. The State Education Department will continue to review whether applicants for licensure in architecture meet licensure requirements. Existing staff and resources of the State Education Department will continue to be used for these tasks.

(b) Costs to local government: None.

(c) Costs to private regulated parties: None. The proposed amendment will not impose any additional cost on applicants for licensure in architecture or on licensed architects.

(d) Cost to the regulatory agency: As stated above in Costs to State Government, the proposed amendment does not impose additional costs on the State Education Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment establishes requirements relating to licensure as an architect in New York and to those who are licensed in another jurisdiction. The amendment does not impose any program, service, duty or responsibility upon local governments.

6. PAPERWORK:

The existing regulation contains no direct recordkeeping requirements but does require applicants for licensure to submit information about work experience which they must be able to document.

7. DUPLICATION:

There are no other State or Federal requirements on the subject matter of this amendment. Therefore, the amendment does not duplicate other existing State or Federal requirements.

8. ALTERNATIVES:

There are no viable alternatives to the proposed amendment, and none were considered.

9. FEDERAL STANDARDS:

There are no Federal standards concerning the subject matter of this amendment.

10. COMPLIANCE SCHEDULE:

The proposed amendment must be complied with on its effective date. No additional period of time is necessary to enable regulated parties to comply.

Regulatory Flexibility Analysis

The proposed amendment relates to requirements that individuals must meet for admission into the Architect Registration Examination and licensing requirements for applicants licensed in another jurisdiction. The amendment does not regulate small businesses or local governments. It does not impose any reporting, recordkeeping, or other compliance requirements on small business or local governments, or have any adverse economic effect on them.

Because it is evident from the nature of the proposed amendment that it does not affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:

The proposed regulation will apply to the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. Each year, about 575 individuals apply to the State Education Department for licensure in architecture. The Department estimates that about 52 will come from a rural county of New York State.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed amendment relates to requirements that individuals must meet for admission into the Architect Registration Examination and licensing requirements for applicants licensed in another jurisdiction seeking a New York State license via endorsement. The proposed amendment does not impose a need for professional services.

3. COSTS:

The proposed amendment does not impose any additional costs on licensed architects or on any applicants seeking licensure as an architect in New York State.

4. MINIMIZING ADVERSE IMPACT:

The proposed regulation amends sections 69.1, 69.2 and 69.3 of the Regulations of the Commissioner of Education pertaining to the professional study, experience and examination requirements for licensure as an architect and amends the endorsement provisions for architects licensed in another jurisdiction. The licensure requirements are in place to ensure minimal competency in newly licensed professionals and thereby safeguard the public. The statutory requirements for licensure in New York State do not make exceptions for individuals who live or work in rural areas. The Department has determined that the proposed amendment shall apply to all applicants seeking licensure as an architect in New York State, regardless of their geographic location, to help ensure minimum competency for licensure across the State. Because of the nature of the proposed regulation, alternative approaches for rural areas were not considered.

5. RURAL AREA PARTICIPATION:

Comments on the proposed regulation were solicited from statewide organizations representing all parties having an interest in the practice of architecture. Included in this group was the State Board for Architecture and professional associations representing the architecture profession. These groups have members who live or work in rural areas. Each organization has been provided with notice of the proposed rule making and an opportunity to comment.

Job Impact Statement

The purpose of the proposed amendment is to align the New York State requirements for admission into the Architect Registration Examination with national standards and to modify the endorsement requirements for applicants licensed in another jurisdiction prior to 1983 seeking to obtain licensure in New York State. These regulatory changes will have no effect on the number of jobs or employment opportunities in the field of architecture or any other field.

Because it is evident from the nature of the proposed amendment that it will have no impact on jobs and employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one was not prepared.