Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS STATE BOARD OF LANDSCAPE ARCHITECTS [49 PA. CODE CH. 15] Fees [28 Pa.B. 5340] The State Board of Landscape Architects (Board) amends § 15.12 (relating to fees) pertaining to increased fees for December 1998 and subsequent examinations for licensure, to read as set forth in Annex A.
Under section 812.1 of The Administrative Code of 1929 (71 P. S. § 279.3a), and section 4(2) and (3) of the Landscape Architects Registration Law (act) (63 P. S. § 904(2) and (3)), examinations for licensure must be prepared and administered by a professional testing organization under contract to the appropriate board. This amendment will change fees for examinations to candidates for licensure. Contract costs for examination services will increase beginning December 1998, under the new contract to be executed with the Council of Landscape Architectural Registration Boards. The amendment also deletes fees for the 1995 and 1996 complete licensing examination that is no longer utilized.
Public notice of intention to amend § 15.12 under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (CDL) (45 P. S. §§ 1201 and 1202) has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)), because the Board finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination. Persons affected by this amendment, however, have been given actual notice of the Board's intention to amend § 15.12 in advance of final rulemaking under section 204(2) of the CDL.
Statutory Authority
This amendment is adopted under section 812.1 of The Administrative Code of 1929 and section 4(2) and (3) of the act.
Fiscal Impact and Paperwork Requirements
The amendment will have no fiscal impact on the Commonwealth or its political subdivisions. Candidates for licensure by examination will be required to pay an increased fee to cover contract costs for the examination.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on June 16, 1998, a copy of the final-ommitted regulation was submitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Professional Licensure and the Senate Committee on Consumer Protection and Professional Licensure. A copy of the final-omitted regulation was submitted on the same date to the Attorney General for review and comment under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).
Under section 5.1(d) of the Regulatory Review Act, the final-omitted regulation was deemed approved by the House and Senate Committees on July 6, 1998. Under section 5.1(e) of the Regulatory Review Act, on July 9, 1998, IRRC met and approved the final-omitted regulation.
Additional Information
Individuals who desire information are invited to submit inquiries to Shirley S. Klinger, Board Administrator, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-3397.
Findings
The Board finds that:
(1) Public notice of intention to amend its regulation as adopted by this order under the procedures specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL, because the Board has, for good cause, found that the procedures specified in sections 201 and 202 of the CDL are, in this circumstance, unnecessary because section 812.1 of The Administrative Code of 1929 requires that candidate fees cover the cost of the examination.
(2) The amendment of the regulation of the Board in the manner provided in this order is necessary and appropriate for the administration of its authorizing statute.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 15, are amended by amending § 15.12, to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.
(c) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall become effective immediately upon publication in the Pennsylvania Bulletin.
DAVID M. DUTOT, L.A.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 3558 (July 25, 1998).)
Fiscal Note: 16A-613. No fiscal impact; (8) recommends adoption.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 15. STATE BOARD OF LANDSCAPE ARCHITECTS APPLICATION PROCEDURES § 15.12. Fees.
Following is the schedule of fees charged by the Board:
(1) Application for examination
