Minnesota Legislature
HF 4197
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm
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| Introduction | Posted on 02/22/2024 |
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A bill for an act
relating to occupations and professions; modifying board member qualifications
and licensing requirements for architects, engineers, surveyors, landscape architects,
geoscientists, and interior designers; amending Minnesota Statutes 2022, sections
326.05; 326.10, subdivisions 1, 2, 10; 326.111, subdivisions 3, 4, 5, by adding a
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 326.05, is amended to read:
326.05 QUALIFICATIONS OF BOARD MEMBERS.
Each member of the board deleted text begin shalldeleted text end new text begin mustnew text end be a resident of this state at the time of and
throughout the member's appointment. Each member except the public members deleted text begin shalldeleted text end new text begin mustnew text end
have been engaged in the practice of the relevant profession for at least deleted text begin tendeleted text end new text begin fivenew text end years and
shall have been in responsible charge of professional work requiring licensure as an architect,
engineer, land surveyor, landscape architect, or geoscientist, or certification as an interior
designer for at least deleted text begin fivedeleted text end new text begin twonew text end years.
Sec. 2.
Minnesota Statutes 2022, section 326.10, subdivision 1, is amended to read:
Subdivision 1.
Issuance.
The board shall on application therefor on a prescribed form,
and upon payment of a fee prescribed by rule of the board, issue a license or certificate as
an architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior
designer. A separate fee shall be paid for each profession licensed.
(1) To any person deleted text begin over 25 years of age, who is of good moral character and repute,deleted text end new text begin who
complies with the Rules of Professional Conduct established in rules by the boardnew text end and who
has the experience and educational qualifications deleted text begin whichdeleted text end new text begin thatnew text end the board by rule may prescribe.
(2) To any person who holds an unexpired certificate of registration or license issued
by proper authority in the District of Columbia, any state or territory of the United States,
or any foreign country, in which the requirements for registration or licensure of architects,
engineers, land surveyors, landscape architects, geoscientists, or certified interior designers,
respectively, at the time of registration or licensure in the other jurisdiction, were deleted text begin equal, in
the opinion of the board,deleted text end new text begin substantially equivalent as established in rules by the boardnew text end to
those fixed by the board and by the laws of this state, and in which similar privileges are
extended to the holders of certificates of registration or licensure issued by this state. The
board may require such person to submit a certificate of technical qualification from the
National Council of Architectural Registration Boards in the case of an architect, from the
National Council of Examiners for Engineering and Surveying in the case of an engineer,
from the Council of Landscape Architectural Registration Boards in the case of a landscape
architect, and from the National Council for Interior Design Qualification in the case of a
certified interior designer.
Sec. 3.
Minnesota Statutes 2022, section 326.10, subdivision 2, is amended to read:
Subd. 2.
Examination.
deleted text begin
The board, or a committee of the board, may subject any applicant
for licensure or certification to such examinations as may be deemed necessary to establish
qualifications.
deleted text end
deleted text begin
In determining the qualifications of applicants, at least one member determining the
qualifications must be licensed or certified in the same profession as that being evaluated.
deleted text end
new text begin
An applicant for licensure or certification must provide evidence of passing the required
examinations as prescribed by the board in rules.
new text end
Sec. 4.
Minnesota Statutes 2022, section 326.10, subdivision 10, is amended to read:
Subd. 10.
Temporary military license.
The board shall establish a temporary license
in accordance with section 197.4552 for the practice of architecture, professional engineering,
geosciences, land surveying, landscape architecture, and interior design. The fee for the
temporary license under this subdivision for the practice of architecture, professional
engineering, geosciences, land surveying, landscape architecture, or interior design is deleted text begin $132deleted text end new text begin
$0new text end .
Sec. 5.
Minnesota Statutes 2022, section 326.111, subdivision 3, is amended to read:
Subd. 3.
Cease and desist orders.
(a) The board, or the complaint committee if
authorized by the board, may issue and have served upon a person an order requiring the
person to cease and desist from the unauthorized practice of architecture, engineering, land
surveying, landscape architecture, geoscience, or the unauthorized use of the titles architect,
professional engineer, land surveyor, landscape architect, professional geologist, professional
soil scientist, certified interior designer, or violation of the statute, rule, or order. The order
shall be calculated to give reasonable notice of the rights of the person to request a hearing
and shall state the reasons for the entry of the order.
(b) Service of the order is effective if the order is served on the person or counsel of
record personally or by certified mail to the most recent address provided to the board for
the person or counsel of record.new text begin Service of the order must be by first class United States
mail, including certified United States mail, or overnight express mail service with the
postage prepaid and addressed to the party at the party's last known address. Service by
United States mail, including certified mail, is complete upon placing the order in the mail
or otherwise delivering the order to the United States mail service. Service by overnight
express mail service is complete upon delivering the order to an authorized agent of the
express mail service.
new text end
(c) Unless otherwise agreed by the board, or the complaint committee if authorized by
the board, and the person requesting the hearing, the hearing shall be held no later than 30
days after the request for the hearing is received by the board.
(d) The administrative law judge shall issue a report within 30 days of the close of the
contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart
3. Within 30 days after receiving the report and any exceptions to it, the board shall issue
a further order vacating, modifying, or making permanent the cease and desist orders as the
facts require.
(e) If no hearing is requested within 30 days of service of the order, the order becomes
final and remains in effect until it is modified or vacated by the board.
(f) If the person to whom a cease and desist order is issued fails to appear at the hearing
after being duly notified, the person is in default and the proceeding may be determined
against that person upon consideration of the cease and desist order, the allegations of which
may be considered to be true.
Sec. 6.
Minnesota Statutes 2022, section 326.111, subdivision 4, is amended to read:
Subd. 4.
Actions against applicants and licensees.
(a) The board may, by order, deny,
refuse to renew, suspend, temporarily suspend, or revoke the application, license, or
certification of a person; censure or reprimand that person; condition or limit the person's
practice; refuse to permit a person to sit for examination; or refuse to release the person's
examination grades if the board finds that the order is in the public interest and the applicant,
licensee, or certificate holder:
(1) has violated a statute, rule, or order that the board has issued or is empowered to
enforce;
(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether
or not the conduct or acts relate to the practice of architecture, engineering, land surveying,
landscape architecture, geoscience, or certified interior design, providing that the fraudulent,
deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to
engage in the practice of architecture, engineering, land surveying, landscape architecture,
geoscience, or certified interior design;
(3) has engaged in conduct or acts that are negligent or otherwise in violation of the
standards established by Minnesota Rules, chapters 1800 and 1805, where the conduct or
acts relate to the practice of architecture, engineering, land surveying, landscape architecture,
geoscience, or use of the title certified interior designer;
(4) has been convicted of or has pled guilty or nolo contendere to a felony, an element
of which is dishonesty or fraud, whether or not the person admits guilt, or has been shown
to have engaged in acts or practices tending to show that the applicant or licensee is
incompetent or has engaged in conduct reflecting adversely on the person's ability or fitness
to engage in the practice of architecture, engineering, land surveying, landscape architecture,
geoscience, or use of the title certified interior designer;
(5) employed fraud or deception in obtaining a certificate, license, renewal, or
reinstatement or in passing all or a portion of the examination;
(6) has had the person's architecture, engineering, land surveying, landscape architecture,
geoscience, or interior design license, certificate, right to examine, or other similar authority
revoked, suspended, canceled, limited, or not renewed for cause in any state, commonwealth,
or territory of the United States, in the District of Columbia, or in any foreign country;
(7) has had the person's right to practice before any federal, state, or other government
agency revoked, suspended, canceled, limited, or not renewed;
(8) failed to meet any requirement for the issuance or renewal of the person's license or
certificate;
(9) has attached the person's seal or signature to a plan, specification, report, plat, or
other architectural, engineering, land surveying, landscape architectural, geoscientific, or
interior design document not prepared by the person sealing or signing it or under that
person's direct supervision; or
(10) with respect to temporary suspension orders, has committed an act, engaged in
conduct, or committed practices that may, or has in the opinion of the board, or the complaint
committee if authorized by the board, resulted in an immediate threat to the public.
(b) In lieu of or in addition to any remedy provided in paragraph (a), the board may
require, as a condition of continued licensure, possession of certificate, termination of
suspension, reinstatement of license or certificate, examination, or release of examination
grades, that the person:
(1) submit to a quality review of the person's ability, skills, or quality of work, conducted
in such fashion and by such persons, entity, or entities as the board may require including,
but not limited to, remedial education courses; and
(2) complete to the satisfaction of the board such continuing professional education
courses as the board may specify by rule.
(c) Service of the order deleted text begin is effective if the order is served on the licensee, certificate
holder, applicant, person, or counsel of record personally or by certified mail, to the most
recent address provided to the board for the licensee, certificate holder, applicant, person,
or counsel of record.deleted text end new text begin must be by first class United States mail, including certified United
States mail, or overnight express mail service with the postage prepaid and addressed to the
party at the party's last known address. Service by United States mail, including certified
mail, is complete upon placing the order in the mail or otherwise delivering the order to the
United States mail service. Service by overnight express mail service is complete upon
delivering the order to an authorized agent of the express mail service. new text end The order shall state
the reasons for the entry of the order.
(d) All hearings required by this section shall be conducted in accordance with chapter
14, except with respect to temporary suspension orders, as provided for in subdivision 5,
paragraph (d).
Sec. 7.
Minnesota Statutes 2022, section 326.111, subdivision 5, is amended to read:
Subd. 5.
Procedure for temporary suspension of license or certificate.
(a) When the
board, or the complaint committee if authorized by the board, issues a temporary suspension
order, the suspension is in effect upon service of a written order on the licensee or counsel
of record, specifying the statute, rule, or order violated. The order remains in effect until
the board issues a final order in the matter after a hearing or upon agreement between the
board and the licensee.
(b) Service of the order deleted text begin is effective if the order is served on the licensee or counsel of
record personally or by certified mail, to the most recent address provided to the board for
the licensee or counsel of record.deleted text end new text begin must be by first class United States mail, including certified
United States mail, or overnight express mail service with postage prepaid and addressed
to the party at the party's last known address. Service by United States mail, including
certified mail, is complete upon placing the order in the mail or otherwise delivering the
order to the United States mail service. Service by overnight express mail service is complete
upon delivering the order to an authorized agent of the express mail service.
new text end
(c) The order shall set forth the rights to a hearing contained in this subdivision and shall
state the reasons for the entry of the order.
(d) Within ten days after service of the order, the licensee may request a hearing in
writing. The board shall hold a hearing before its own members within five working days
of receipt of a request for hearing on the sole issue of whether there is a reasonable basis
to continue, modify, or lift the temporary suspension. This hearing is not subject to chapter
14. Evidence presented by the board or the licensee shall be in affidavit form only. The
licensee or counsel of record may appear for oral argument.
(e) Within five working days after the hearing, the board shall issue its order and, if the
suspension is continued, schedule a contested case hearing within 30 days after issuance of
the order. The administrative law judge shall issue a report within 30 days after closing of
the contested case hearing record, notwithstanding the provisions of Minnesota Rules, part
1400.8100, subpart 3. The board shall issue a final order within 30 days after receipt of that
report and any exceptions to it.
Sec. 8.
Minnesota Statutes 2022, section 326.111, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Actions against a person with a lapsed license or certificate. new text end
new text begin
If a person's
license or certificate lapses; is surrendered, withdrawn, or terminated; or otherwise becomes
ineffective, the board may institute a proceeding against the person under this subdivision
within two years after the license or certificate was last effective and enter a revocation or
suspension order as of the last date on which the license or certificate was in effect or impose
a civil penalty as provided in subdivision 6.
new text end