Retention of credit for the Architect Registration Examination for intern architects.
Purpose:
Align NYS requirements for licensure standards with current national NCARB standards regarding retention of ARE credit.
Text of proposed rule:
1. Paragraph (2) of subdivision (b) of section 69.2 of the Regulations of the Commissioner of Education is amended, effective November 10, 2010, as follows:
(2) Applicants who have passed a division of the examination prior to January 1, 2006 shall retain credit for that examination division [without time limitation] up to and including June 30, 2014. Applicants who have passed a division of the examination on or after January 1, 2006 shall retain credit for that division for a five-year period that begins on the date of the administration of that examination division.
2. Paragraph (3) is added to subdivision (b) of section 69.2 of the Regulations of the Commissioner of Education, effective November 10, 2010, as follows:
(3) Extensions
(i) The department may allow an extension of the time period provided in paragraph (2) of this subdivision for an applicant to pass one or more divisions of the examination passed on or after January 1, 2006, where completion of all divisions of the examination by the applicant in accordance with the time limitations set forth in paragraph (2) of this subdivision is prevented by one or more of the following:
(a) the birth or adoption of applicant's child;
(b) the applicant has a serious medical condition;
(c) the applicant is engaged in active duty with the Armed Forces; or
(d) the applicant is faced with extreme hardship or other circumstances beyond the control of the applicant.
(ii) An applicant shall request such an extension by submitting a written request to the department with supporting documentation for the department's review.
(iii) Upon a finding by the department that the conditions for an extension have been met, the department may in its discretion provide the applicant with an appropriate extension as follows:
(a) for the birth or adoption of applicant's child, a six month extension;
(b) for an applicant with a serious medical condition, a period of time not to exceed two years;
(c) for an applicant engaged in active duty with the armed forces, a time period equivalent to that of the applicant's active service in the armed forces, running from the end of the applicant's active service; or
(d) for extensions based upon an applicant's demonstration of personal hardship or other circumstances, a time period to be determined by the department.
Text of proposed rule and any required statements and analyses may be obtained from:
Chris Moore, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Avenue, Albany, NY 12234, (518) 473-8296, email: legal@mail.nysed.gov
Data, views or arguments may be submitted to:
Frank Munoz, Deputy Commissioner, Office of the Professions, NYS Education Department, 89 Washington Avenue, 2M, Albany, NY 12234, (518) 474-1941, email: fmunoz@mail.nysed.gov
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
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.
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.
Paragraph (4) of subdivision (1) 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 requirements related to the retention of credit for examination divisions passed prior to January 1, 2006.
3. NEEDS AND BENEFITS:
The purpose of the proposed amendment is to align the New York State requirements for licensure with current national standards set by the National Council of Architectural Registration Boards (NCARB) regarding the retention of credit for Architect Registration Examination (ARE) divisions passed prior to January 1, 2006.
In 2005, the Board of Regents enacted a five year rolling clock for Architecture Registration Examination (ARE) divisions passed on or after January 1, 2006. This rolling clock gave such applicants for licensure five years to pass all divisions of what was, at the time, a nine division exam. Under current regulations, an applicant may retain credit for ARE divisions passed prior to January 1, 2006 without time limitation. The proposed amendment provides that applicants who have passed a division of the ARE prior to January 1, 2006 will lose credit for those divisions if they have not successfully completed the ARE on or before June 30, 2014. This change would be consistent with a recent policy change by NCARB, which, at its Annual Meeting in 2009, voted to extend the five-year rolling clock provision to ARE divisions passed prior to January 1, 2006.
Since 1983, the ARE has transitioned four times. In June 1987, the ARE had a total of nine divisions, consisting of seven multiple choice and two graphic divisions, and was given in a paper and pencil format. By July 2008, the ARE had a total of 7 divisions, with the graphic divisions fully incorporated into the multiple choice divisions, and the exam is now taken and scored by computer. In between, there were transitions in 1988 and 1997 that both combined and split divisions, changing the configuration of the exam.
One of the critical components of licensure is an exam that ensures a minimum threshold of competency within the profession. Given the numerous division transitions within the ARE, enactment of a five-year rolling clock on divisions passed prior to January 1, 2006 will ensure that a candidate has passed the exam as a whole, and not numerous parts of different exams over many years.
The proposed amendment also contains extension provisions to the existing five year rolling clock requirement The State Education Department may allow extensions to this rolling clock for the birth or adoption of an applicant's child, an applicant's serious medical condition, active service in the Armed Forces, or for extreme hardships or other circumstances beyond the applicant's control. If the Department finds that the conditions for an extension are met, the Department may grant an applicant an appropriate extension.
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: In situations in which an applicant for licensure loses credit for a part of the examination because of the limitation included in the proposed regulation, that applicant would have to pay the fee to NCARB to retake that part of the exam.
(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. The amendment does not impose any program, service, duty or responsibility upon local governments.
6. PAPERWORK:
The existing regulation contains no direct recordkeeping requirements.
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, but it does include a transition period within the text of regulation itself. No additional period of time is necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The proposed amendment relates to retention of credit for the Architect Registration Examination for intern architects. 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. This proposed regulation affects 2,630 candidates for licensure, and 1,759 of those candidates reside in New York. The Department estimates that about 103 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 the retention of credit for the Architect Registration Examination (ARE) for intern architects. The proposed amendment does not impose a need for professional services.
3. COSTS:
The proposed amendment will impose additional costs to applicants who may need to take additional divisions of the ARE. The current cost for each division of the ARE costs $210.
4. MINIMIZING ADVERSE IMPACT:
The proposed regulation amends section 69.2 of the Regulations of the Commissioner of Education pertaining to the examination requirements for licensure as an architect. 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, insofar as the proposed regulation limits the time period for which credit for passed divisions of the ARE is retained, 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. In order to minimize any adverse impact from the five-year limitation for a candidate to pass all divisions of the exam, the proposed amendment includes a provision for the granting of extensions in certain specified circumstances.
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 licensure with current national standards set by the National Council of Architectural Registration Boards (NCARB) regarding the retention of credit for Architect Registration Examination (ARE) divisions passed prior to January 1, 2006 and extensions to the existing five year rolling clock, 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.
