Notice of proposed changes in the regulations of the State Board of Registration for Architects, Engineers, and Land Surveyors
Brief Description
The State Board of Registration for Architects, Engineers, and Land Surveyors proposes to update terminology in various regulations in accordance with recent statute changes.
The State Board of Registration for Architects, Engineers, and Land Surveyors (Board) proposes to adopt regulation changes in Title 12, Chapter 36 of the Alaska Administrative Code dealing with updates to various provisions by implementing statutory changes to AS 08.48 under SB 126 - Chapter 13, SLA 2023, updating the requirements for the use of digital signatures, including the following:
1. 12 AAC 36.010. Applications, is proposed to amend the regulation and replace the term “secretary” with “administrator” to be in compliance with statute following SB 126.
2. 12 AAC 36.063. Engineering education and work experience requirements, is proposed to update wording in conformity with the rest of chapter 36 of Title 12; “foreign degree” to be replaced by ‘a degree obtained outside of the United States”.
3. 12 AAC 36.065. Eligibility for professional land surveyor examination, is proposed to update wording in conformity with the rest of chapter 36 of Title 12; “foreign degree” to be replaced by ‘a degree obtained outside of the United States”.
4. 12 AAC 36.068. Eligibility for landscape architect registration by examination, amend and update the standards for registration as a landscape architect to include an eligibility pathway for applicants through practical experience.
5. 12 AAC 36.103. Architect registration by comity, is proposed to amend the regulation and replace the term “secretary” with “administrator” to be in compliance with statute following SB 126.
6. 12 AAC 36.105. Engineer registration by comity, is proposed to amend the regulation and replace the term “secretary” with “administrator” to be in compliance with statute following SB 126.
7. 12 AAC 36.109, Landscape architect registration by comity, is proposed to amend the regulation and replace the term “secretary” with “administrator” to be in compliance with statute following SB 126.
8. 12 AAC 36.112. Temporary military courtesy certificate of registration, is proposed to amend the regulation and replace the term “secretary” with “administrator” to be in compliance with statute following SB 126.
9. 12 AAC 36.135, Review of application for corporate, limited liability company, limited liability partnership, or limited partnership authorization, is proposed to amend the regulation by adding limited partnerships to the entities regulated by the board to be in compliance with statute following SB 126.
10. 12 AAC 36.145. Architectural, engineering, or surveying offices, is proposed to amend the regulation by adding limited partnerships to the entities regulated by the board to be in compliance with statute following SB 126.
11. 12 AAC 36.160. Duplicate certificate, is proposed to be repealed as redundant since duplicate certificates are no longer provided by the department.
12. 12 AAC 36.165. Expired certificates, is proposed to amend the regulation by adding limited partnerships to the entities regulated by the board to be in compliance with statute following SB 126.
13. 12 AAC 36.185. Use of seals, is proposed to update the language of the regulation giving registrants the option to use a digital signature when sealing a document.
14. 12 AAC 36.200. Ethical standards, is proposed to amend the regulation by adding limited partnerships to the entities regulated by the board to be in compliance with statute following SB 126.
15. 12 AAC 36.990, Definitions is proposed to amend the regulation by adding limited partnerships to the definition of “registrant” to be in compliance with statute following SB 126.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/213154 and using the comment link. The comments must be received not later than 4:30 p.m. on December 15, 2023.
You may submit written questions relevant to the proposed action to Alison Osborne, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofArchitectsEngineersandLandSurveyors.aspx.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov not later than December 8, 2023 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Alison Osborne at (907) 465-6826 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/AELS-SB126.pdf.
After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
Statutory Authority: AS 08.01.050; AS 08.48.101; AS 08.48.171; AS 08.48.181; AS 08.48.191; AS 08.48.201; AS 08.48.215; AS 08.48.221; AS 08.48.241; AS 08.48.331
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.050; AS 08.48.101; AS 08.48.171; AS 08.48.181; AS 08.48.191; AS 08.48.201; AS 08.48.215; AS 08.48.221; AS 08.48.241; AS 08.48.331
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
DATE: November 15, 2023 /s/ Alison Osborne, Regulations Specialist Division of Corporations, Business and
Professional Licensing
ADDITIONAL REGULATION NOTICE INFORMATION (AS 44.62.190(d))
1. Adopting agency: Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing - State Board of Registration for Architects, Engineers, and Land Surveyors.
2. General subject of regulation: dealing with updates to various provisions by implementing statutory changes to AS 08.48 under SB 126 - Chapter 13, SLA 2023, updating the requirements for the use of digital signatures
3.Citation of regulation: 12 AAC 36.010 through 12 AAC 36.990
4. Department of Law file number: 2023200404
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2024 or in subsequent years.
9. The name of the contact person for the regulation:
Sara Neal, Executive Administrator
State Board of Registration for Architects, Engineers, and Land Surveyors
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 465-2540
E-mail: sara.neal@alaska.gov
10. The origin of the proposed action: Staff of state agency.
11. Date: November, 15, 2023
Prepared by: Alison Osborne
Regulations Specialist