as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to professions; establishing a land surveyor 1.3 board and an appellate board to regulate land 1.4 surveyors; appropriating money; amending Minnesota 1.5 Statutes 1998, sections 326.04; 326.05; 326.07; 1.6 326.09; 326.10; 326.11; 326.111; 326.12, subdivision 1.7 1; and 326.13; proposing coding for new law in 1.8 Minnesota Statutes, chapter 326. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. [LEGISLATIVE INTENT.] 1.11 The legislature finds that the supervision of regulated 1.12 professions and occupations can be accomplished more 1.13 efficiently, at lower cost, and with less government intrusion. 1.14 Sections 2 to 18 are intended to promote responsible 1.15 self-regulation of land surveyors as regulated under this act. 1.16 Sec. 2. [326.011] [DEFINITIONS.] 1.17 Subdivision 1. [SCOPE.] For the purposes of sections 1.18 326.02 to 326.15, the definitions in this section have the 1.19 meanings given. 1.20 Subd. 2. [APPELLATE BOARD.] "Appellate board" means the 1.21 appellate board established in section 326.093. 1.22 Subd. 3. [LAND SURVEYOR BOARD.] "Land surveyor board" 1.23 means the regulatory board for land surveyors established in 1.24 section 326.092. 1.25 Sec. 3. Minnesota Statutes 1998, section 326.04, is 1.26 amended to read: 1.27 326.04 [BOARD OF ARCHITECTURE, ENGINEERING,
LAND SURVEYING,2.1 LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.] 2.2 To carry out the provisions of sections 326.02 to 326.15 2.3 there is hereby created a board of architecture, engineering, 2.4 land surveying,landscape architecture, geoscience, and interior 2.5 design consisting of 2119 members, who shall be appointed by 2.6 the governor. Three members shall be licensed architects, five 2.7 members shall be licensed engineers, two members shall be 2.8 licensed landscape architects, two members shall be licensed2.9 land surveyors,two members shall be certified interior 2.10 designers, two members shall be licensed geoscientists, and five 2.11 members shall be public members. Not more than one member of 2.12 the board shall be from the same branch of the profession of 2.13 engineering. The first professional geoscientist members shall 2.14 be appointed as soon as possible and no later than October 1, 2.15 1995. One of these members shall serve for a term to end 2.16 January 1, 1997. The other member shall serve for a term to end 2.17 January 1, 1999. The second licensed landscape architect and 2.18 certified interior designer members shall be appointed to 2.19 succeed the two public members whose terms end on January 1, 2.20 1996. The second licensed landscape architect and certified 2.21 interior designer members shall be appointed by the governor no 2.22 later than October 1, 1995, and shall serve a term to end on 2.23 January 1, 2000. During the time from the appointment of these 2.24 members until January 1, 1996, the board shall consist of 23 2.25 members. Membership terms, compensation of members, removal of 2.26 members, the filling of membership vacancies, and fiscal year 2.27 and reporting requirements shall be as provided in sections 2.28 214.07 to 214.09. Members shall be limited to two terms. The 2.29 provision of staff, administrative services and office space; 2.30 the review and processing of complaints; the setting of board 2.31 fees; and other provisions relating to board operations shall be 2.32 as provided in chapter 214. 2.33 Sec. 4. Minnesota Statutes 1998, section 326.05, is 2.34 amended to read: 2.35 326.05 [QUALIFICATIONS OF BOARD MEMBERS.] 2.36 Each member of the board shall be a resident of this state 3.1 at the time of and throughout the member's appointment. Each 3.2 member except the public members shall have been engaged in the 3.3 practice of the relevant profession for at least ten years and 3.4 shall have been in responsible charge of professional work 3.5 requiring licensure as an architect, engineer, land surveyor,3.6 landscape architect, or geoscientist, or certification as an 3.7 interior designer for at least five years. 3.8 Sec. 5. Minnesota Statutes 1998, section 326.09, is 3.9 amended to read: 3.10 326.09 [RECORDS OF BOARD.] 3.11 The board shall keep a record of its proceedings and a 3.12 register of all applicants for licensing, showing for each the 3.13 date of application, name, age, educational and other 3.14 qualifications, place of business, and the place of residence, 3.15 whether or not an examination was required and whether the 3.16 applicant was rejected or a license granted, and the date of 3.17 such action. The books and register of the board shall be prima 3.18 facie evidence of all matters recorded therein. A roster 3.19 showing the names and places of business or of residence of all 3.20 licensed architects, engineers, land surveyors,landscape 3.21 architects, geoscientists, and certified interior designers 3.22 shall be prepared annually. Rosters may be printed out of the 3.23 funds of the board. 3.24 Sec. 6. [326.091] [APPLICATION.] 3.25 Sections 326.092 to 326.094 apply to all licensed land 3.26 surveyors regulated under sections 326.02 to 326.15. 3.27 Sec. 7. [326.092] [LAND SURVEYOR BOARD.] 3.28 Subdivision 1. [GENERAL.] (a) The land surveyor board 3.29 shall consist of seven members appointed by the governor. The 3.30 members shall select a chair from the board membership. All 3.31 members of the land surveyor board must be residents of 3.32 Minnesota with at least ten years of practice in Minnesota as 3.33 licensed land surveyors as defined in Minnesota Statutes, 3.34 section 326.02, subdivision 4. No more than four members may 3.35 reside in the metropolitan area as defined in section 473.121. 3.36 Members shall be appointed for four-year terms and no member may 4.1 serve more than two terms consecutively. Members may not be 4.2 compensated by the state for service as a board member. 4.3 (b) The land surveyor board shall enforce and regulate all 4.4 provisions relating to land surveying in sections 326.02 to 4.5 326.15 and all rules adopted by the land surveyor board under 4.6 those sections. The land surveyor board is responsible for all 4.7 licensure responsibilities found in sections 326.02 to 326.15 4.8 and shall contract with the National Council of Examiners of 4.9 Engineers and Surveyors, or an equivalent organization, to 4.10 develop, administer, and grade all examinations of land 4.11 surveyors. The land surveyor board may establish fees for 4.12 licensure and regulation to cover its reasonable costs and 4.13 expenses. 4.14 Subd. 2. [PROCEDURE FOR ADOPTING RULES.] (a) The rules of 4.15 the land surveyor board relating to regulation under sections 4.16 326.02 to 326.15 shall be prepared, adopted, and revised as 4.17 necessary in accordance with paragraphs (c) to (f). 4.18 (b) Rules are exempt from chapter 14 and from the specific 4.19 procedures in section 14.386. 4.20 (c) Before beginning preparation of rules, the land 4.21 surveyor board must publish a notice in the State Register that 4.22 includes a statement of the subjects expected to be covered by 4.23 the rules. The notice must solicit comments from the public and 4.24 state that the comments must be received by the land surveyor 4.25 board within 45 days of publication of the notice. The land 4.26 surveyor board shall consider the comments in preparing the 4.27 rules. 4.28 (d) After publication of the notice and before adopting 4.29 rules, the land surveyor board shall publish a notice in the 4.30 State Register that: 4.31 (1) contains a summary of the proposed rules; 4.32 (2) invites public comment; 4.33 (3) states a time and location for a public meeting on the 4.34 rules no earlier than 30 days from the date of publication; and 4.35 (4) advises the public that it has 30 days from the date of 4.36 the public meeting in clause (3) to submit comments on the rules 5.1 to the land surveyor board. 5.2 (e) At the meeting described in paragraph (d), clause (3), 5.3 the public shall be given an opportunity to present its views on 5.4 the rules. The land surveyor board shall incorporate any 5.5 amendments to the proposed rules that, in the view of the land 5.6 surveyor board, will help to carry out the requirements of 5.7 sections 326.02 to 326.15 with respect to land surveyors. 5.8 (f) The rules may be appealed to the appellate board within 5.9 30 days after final adoption. The appellate board may declare 5.10 the challenged portion of the rules invalid if it violates 5.11 constitutional provisions, is in excess of statutory authority, 5.12 or was adopted without compliance with the procedures in this 5.13 subdivision. The review shall be on the record created during 5.14 the adoption of the rules, except that additional evidence may 5.15 be included in the record if the appellate board finds that the 5.16 additional evidence is material and there were good reasons for 5.17 failure to present it in the proceedings described in paragraphs 5.18 (b) to (e). 5.19 Subd. 3. [CONTENT OF RULES.] (a) The rules of the land 5.20 surveyor board must: 5.21 (1) provide that any practitioner of land surveying must be 5.22 licensed by the land surveyor board; 5.23 (2) provide for the equitable allocation of reasonable 5.24 dues, fees, and other charges among licensees using any facility 5.25 or system that the land surveyor board operates or controls 5.26 including the cost of issuing licenses; 5.27 (3) be designed to prevent fraudulent and manipulative acts 5.28 and practices including the unauthorized practice of land 5.29 surveying and practicing land surveying without a license, 5.30 promote just and equitable principles of trade, foster 5.31 cooperation and coordination with persons engaged in the 5.32 profession of land surveying, and remove impediments to and 5.33 perfect the mechanism of a free and open market while protecting 5.34 the public interest; 5.35 (4) not be designed to fix minimum profits, impose any 5.36 schedule or fix prices to be charged by licensed land surveyors, 6.1 or regulate by virtue of any authority conferred by sections 6.2 326.02 to 326.15 matters not related to the purposes of sections 6.3 326.02 to 326.15 or the administration of the land surveyor 6.4 board; 6.5 (5) provide that its licensees are appropriately 6.6 disciplined for violation of any provision of its rules by 6.7 expulsion, suspension, limitation of activities, functions, and 6.8 operations, fine, censure, or any other fitting sanction; 6.9 (6) provide a fair procedure for disciplining licensees and 6.10 denying licensure to any person seeking a renewal; and 6.11 (7) not impose any burden on competition not necessary or 6.12 appropriate in furtherance of the purposes of sections 326.02 to 6.13 326.15. 6.14 (b) The rules may provide for denial of licensure to, or 6.15 condition licensure of, an applicant for licensure if: 6.16 (1) the applicant does not meet standards of training, 6.17 experience, and competence that are prescribed by the rules of 6.18 the land surveyor board; or 6.19 (2) the applicant has engaged in acts or practices 6.20 inconsistent with the principles of trade generally accepted in 6.21 Minnesota. 6.22 The land surveyor board may examine and verify the 6.23 qualifications of an applicant to become licensed in accordance 6.24 with procedures established by the rules of the land surveyor 6.25 board. 6.26 (c) The standards of training, experience, and competence 6.27 prescribed by rules of the land surveyor board shall not require 6.28 any greater educational qualifications or experience than is 6.29 necessary to ensure the competent practice of land surveying. 6.30 (d) Any person aggrieved by an action under paragraph (a), 6.31 (b), or (c) shall be promptly afforded an opportunity for a 6.32 hearing by the appellate board. The appellate board, by order, 6.33 may stay any action on its own motion or upon application by any 6.34 person aggrieved by it, if the appellate board determines 6.35 summarily or after notice and opportunity for hearing, which may 6.36 consist solely of the submission of affidavits or presentation 7.1 of oral arguments, that the stay is consistent with the public 7.2 interest and the protection of consumers. 7.3 (e) The land surveyor board shall promptly respond to 7.4 inquiries in writing. 7.5 (f) The land surveyor board shall not have any liability to 7.6 any person for any actions taken or omitted in good faith under 7.7 this paragraph. 7.8 Sec. 8. [326.093] [APPELLATE BOARD.] 7.9 (a) The appellate board shall consist of seven members 7.10 appointed by the governor. The members shall select a chair 7.11 from the board membership. All members must be residents of 7.12 Minnesota with at least ten years of practice in Minnesota as 7.13 licensed land surveyors as defined in Minnesota Statutes, 7.14 section 326.02, subdivision 4. No more than four members may 7.15 reside in the metropolitan area as defined in section 473.121. 7.16 Members shall be appointed for four-year terms and no member may 7.17 serve more than two terms consecutively. Appellate board 7.18 members shall be compensated in accordance with section 15.059. 7.19 Appellate board members may not serve concurrently as members of 7.20 the land surveyor board. 7.21 (b) The appellate board shall review annual reports 7.22 submitted by the land surveyor board, shall hear and determine 7.23 appeals from actions regarding licensing by the land surveyor 7.24 board, and shall review rules under section 326.092, subdivision 7.25 2, paragraph (f). The hearings are not subject to chapter 14. 7.26 Sec. 9. [326.094] [ANNUAL REPORTS.] 7.27 The land surveyor board shall report annually to the 7.28 appellate board, in a form satisfactory to the appellate board, 7.29 the following information: 7.30 (1) a current list of the names and business addresses of 7.31 its licensees; 7.32 (2) the number of complaints, if any, received by the land 7.33 surveyor board during the preceding year and the disposition of 7.34 those complaints; 7.35 (3) the status of any pending litigation against the land 7.36 surveyor board; 8.1 (4) any changes to the land surveyor board's bylaws or 8.2 standards of ethical conduct; and 8.3 (5) evidence that: 8.4 (i) its rules comply with section 326.092, subdivision 3; 8.5 and 8.6 (ii) the land surveyor board is organized and has the 8.7 capacity to carry out the purposes of sections 326.02 to 326.15 8.8 and comply and enforce compliance by its licensees with sections 8.9 326.02 to 326.15 and the rules of the land surveyor board. 8.10 Sec. 10. [326.095] [DATA PRIVACY.] 8.11 Chapter 13 does not apply to data of the land surveyor 8.12 board or appellate board. 8.13 Sec. 11. Minnesota Statutes 1998, section 326.10, is 8.14 amended to read: 8.15 326.10 [LICENSURE AND CERTIFICATION.] 8.16 Subdivision 1. [ISSUANCE.] (a) The board shall on 8.17 application therefor on a prescribed form, and upon payment of a 8.18 fee prescribed by rule of the board, issue a license or 8.19 certificate as an architect, engineer, land surveyor,landscape 8.20 architect, geoscientist, or certified interior designer. A 8.21 separate fee shall be paid for each profession licensed. 8.22 (1) To any person over 25 years of age, who is of good 8.23 moral character and repute, and who has the experience and 8.24 educational qualifications which the board by rule may prescribe. 8.25 (2) To any person who holds an unexpired certificate of 8.26 registration or license issued by proper authority in the 8.27 District of Columbia, any state or territory of the United 8.28 States, or any foreign country, in which the requirements for 8.29 registration or licensure of architects, engineers, land8.30 surveyors,landscape architects, geoscientists, or certified 8.31 interior designers, respectively, at the time of registration or 8.32 licensure in the other jurisdiction, were equal, in the opinion 8.33 of the board, to those fixed by the board and by the laws of 8.34 this state, and in which similar privileges are extended to the 8.35 holders of certificates of registration or licensure issued by 8.36 this state. The board may require such person to submit a 9.1 certificate of technical qualification from the National Council 9.2 of Architectural Registration Boards in the case of an 9.3 architect, from the National Council of Engineering Examiners in 9.4 the case of an engineer, from the National Council of Landscape 9.5 Architects Registration Board in the case of a landscape 9.6 architect, and from the National Council for Interior Design 9.7 Qualifications in the case of a certified interior designer. 9.8 (b) Notwithstanding paragraph (a), for one year from the 9.9 effective date of rules adopted by the board with respect to the 9.10 discipline of professional geoscience, the board may accept as 9.11 evidence that the applicant is qualified for licensing in the 9.12 discipline of professional geoscience: 9.13 (1) a record of graduation with a baccalaureate degree from 9.14 a school or college having accreditation defined by the board 9.15 and a geoscience or associated science curriculum approved by 9.16 the board; and 9.17 (2) at least five years of active professional practice in 9.18 the discipline of professional geoscience as approved by the 9.19 board. 9.20 (c) The land surveyor board shall issue licenses to land 9.21 surveyors who are qualified under its rules. 9.22 (d) Any person who was a licensed land surveyor on June 30 9.23 of the year following final enactment of this act shall continue 9.24 to be licensed. 9.25 Subd. 2. [EXAMINATION.] The board, or a committee of the9.26 boardthe land surveyor board in the case of land surveyors, may 9.27 subject any applicant for licensure or certification to such 9.28 examinations as may be deemed necessary to establish 9.29 qualifications. 9.30 In determining the qualifications of applicants, at least 9.31 one member determining the qualifications must be licensed or 9.32 certified in the same profession as that being evaluated. 9.33 Subd. 2a. [NEEDS OF PHYSICALLY DISABLED, INCLUSION IN 9.34 EXAMINATION.] Examinations for architect, civil structural 9.35 engineer, landscape architect, and certified interior designer 9.36 shall include questions which require the applicant to 10.1 demonstrate knowledge of the design needs of people with 10.2 physical disabilities and of the relevant statutes and codes. 10.3 The questions shall be developed by the board in consultation 10.4 with the department of administration. 10.5 Subd. 5. [DELAYED RENEWAL FEE.] The failure on the part of 10.6 any licensee to renew a license shall not deprive such person of 10.7 the right of renewal thereafter, but a late renewal fee shall be 10.8 paid in addition to the renewal fee for each profession. 10.9 Subd. 7. [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; 10.10 LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1) 10.11 An applicant for certification as an engineer-in-training who is 10.12 a graduate with a bachelor of engineering degree from a school 10.13 or college having an engineering curriculum accredited by the 10.14 engineers' council for professional development or whose 10.15 education, in the opinion of the board, is equivalent thereto, 10.16 shall receive from the board, upon passing an examination in 10.17 fundamental engineering subjects, a certificate stating that the 10.18 applicant has passed such examination and that the applicant's 10.19 name has been recorded as an engineer-in-training. 10.20 (2) An applicant for certification as a land 10.21 surveyor-in-training who is a graduate with a bachelor's degree 10.22 from a school or college having an accredited engineering or 10.23 land surveying curriculum or who has equivalent education, in 10.24 the opinion of the board, shall receive from the land surveyor 10.25 board, upon passing a written examination in the fundamentals of 10.26 mathematics and the basic principles of land surveying, a 10.27 certificate stating that the applicant has passed such 10.28 examination and that the applicant's name has been recorded as a 10.29 land surveyor-in-training. 10.30 (3) Any applicant for certification as a landscape 10.31 architect-in-training who is a graduate with a degree from a 10.32 school or college having a landscape architecture curriculum 10.33 accredited by the American Society of Landscape Architects 10.34 committee on education or who has had equivalent education or 10.35 experience or a combination thereof of a grade and character 10.36 acceptable to the board shall receive from the board, upon 11.1 passing an examination in fundamental landscape architectural 11.2 subjects, a certificate stating that the applicant has passed 11.3 that examination and that the applicant's name has been recorded 11.4 as a landscape architect-in-training. 11.5 (4) An applicant for certification as a 11.6 geoscientist-in-training who is a graduate with a baccalaureate 11.7 degree from a school or college having accreditation defined by 11.8 the board and a geoscience or associated science curriculum 11.9 approved by the board, shall receive from the board, upon 11.10 passing the appropriate examination in fundamental geoscience 11.11 subjects for the applicant's discipline as approved by the 11.12 board, a certificate stating that the applicant's name has been 11.13 recorded as a geoscientist-in-training with the appropriate 11.14 geoscientist-in-training legend as approved by the board. 11.15 Sec. 12. Minnesota Statutes 1998, section 326.11, is 11.16 amended to read: 11.17 326.11 [LICENSE OR CERTIFICATE SUSPENSION, REVOCATION, 11.18 REISSUANCE, REPLACEMENT.] 11.19 Subdivision 1. [REVOCATION OR SUSPENSION.] (a) The board 11.20 shall have the power to revoke or suspend the license or 11.21 certificate of any architect, engineer, land surveyor,landscape 11.22 architect, geoscientist, or certified interior designer, who is 11.23 found guilty by the board of any fraud or deceit in obtaining a 11.24 license or certificate, or of attaching the licensee's or 11.25 certificate holder's seal or signature to any plan, 11.26 specification, report, plat, or other architectural, 11.27 engineering, land surveying,landscape architectural, 11.28 geoscientific, or interior design document not prepared by the 11.29 person signing or sealing it or under that person's direct 11.30 supervision, or of gross negligence, incompetency, or misconduct 11.31 in the practice of architecture, engineering, land surveying,11.32 landscape architecture, geoscience, or interior design, or upon 11.33 conviction of any violation of sections 326.02 to 326.15 or 11.34 amendments thereof, or of any crime involving moral turpitude or 11.35 upon adjudication of insanity or incompetency. 11.36 (b) The land surveyor board has the powers described in 12.1 paragraph (a) for land surveyors. 12.2 Subd. 5. [REISSUANCE.] The board, or land surveyor board 12.3 in the case of land surveyors, may reissue a license to any 12.4 person whose license has been suspended or revoked upon 12.5 application for relicensure. 12.6 Subd. 6. [REPLACEMENT.] A new license to replace any 12.7 license revoked, lost, destroyed, or mutilated, may be issued, 12.8 subject to the rules of the board, or the rules of the land 12.9 surveyor board in the case of land surveyors. 12.10 Sec. 13. Minnesota Statutes 1998, section 326.111, is 12.11 amended to read: 12.12 326.111 [ISSUANCE, DENIAL, REVOCATION, AND SUSPENSION OF 12.13 LICENSES AND CERTIFICATES; DISCIPLINE.] 12.14 Subdivision 1. [GENERALLY.] (a) If the board, or the 12.15 complaint committee if authorized by the board, has a reasonable 12.16 basis to believe that a person has engaged in an act or practice 12.17 constituting the unauthorized practice of architecture, 12.18 engineering, land surveying,landscape architecture, geoscience, 12.19 or the unauthorized use of the title certified interior 12.20 designer, or a violation of a statute, rule, or order that the 12.21 board has issued or is empowered to enforce, the board, or the 12.22 complaint committee if authorized by the board, may proceed as 12.23 described in subdivisions 2 and 3. 12.24 (b) The board shall establish a complaint committee to 12.25 investigate, mediate, or initiate administrative or legal 12.26 proceedings on behalf of the board with respect to complaints 12.27 filed with or information received by the board alleging or 12.28 indicating the unauthorized practice of architecture, 12.29 engineering, land surveying,landscape architecture, geoscience, 12.30 or the unauthorized use of the title certified interior 12.31 designer, or a violation of statute, rule, or order that the 12.32 board has issued or is empowered to enforce. The complaint 12.33 committee shall consist of five members of the board, with no 12.34 more than one from each of the professions licensed by the 12.35 board, and no more than two public members. 12.36 (c) Except as otherwise described in this section, all 13.1 hearings shall be conducted in accordance with chapter 14. 13.2 Subd. 2. [LEGAL ACTION.] (a) When necessary to prevent the 13.3 unauthorized practice of architecture, engineering, land13.4 surveying,landscape architecture, geoscience, or the 13.5 unauthorized use of the title certified interior designer, or a 13.6 violation of a statute, rule, or order that the board has issued 13.7 or is empowered to enforce, the board, or the complaint 13.8 committee if authorized by the board, may bring an action in the 13.9 name of the state in the district court in Ramsey county or in 13.10 any county in which jurisdiction is proper to enjoin the act, 13.11 practice, or violation and to enforce compliance with the 13.12 statute, rule, or order. Upon a showing that a person has 13.13 engaged in an act or practice constituting the unauthorized 13.14 practice of architecture, engineering, land surveying,landscape 13.15 architecture, geoscience, or the unauthorized use of the title 13.16 certified interior designer, or a violation of a statute, rule, 13.17 or order that the board has issued or is empowered to enforce, a 13.18 permanent or temporary injunction, restraining order, or other 13.19 appropriate relief shall be granted. 13.20 (b) For purposes of injunctive relief under this 13.21 subdivision, irreparable harm exists when the board shows that a 13.22 person has engaged in an act or practice constituting the 13.23 unauthorized practice of architecture, engineering, land13.24 surveying,landscape architecture, geoscience, or the 13.25 unauthorized use of the title certified interior designer, or a 13.26 violation of a statute, rule, or order that the board has issued 13.27 or is empowered to enforce. 13.28 (c) Injunctive relief granted under paragraph (a) does not 13.29 relieve an enjoined person from criminal prosecution by a 13.30 competent authority or from disciplinary action by the board 13.31 with respect to the person's license, certificate, or 13.32 application for examination, license, or renewal. 13.33 Subd. 3. [CEASE AND DESIST ORDERS.] (a) The board, or the 13.34 complaint committee if authorized by the board, may issue and 13.35 have served upon a person an order requiring the person to cease 13.36 and desist from the unauthorized practice of architecture, 14.1 engineering, land surveying,landscape architecture, geoscience, 14.2 or the unauthorized use of the title certified interior 14.3 designer, or violation of the statute, rule, or order. The 14.4 order shall be calculated to give reasonable notice of the 14.5 rights of the person to request a hearing and shall state the 14.6 reasons for the entry of the order. 14.7 (b) Service of the order is effective if the order is 14.8 served on the person or counsel of record personally or by 14.9 certified mail to the most recent address provided to the board 14.10 for the person or counsel of record. 14.11 (c) Unless otherwise agreed by the board, or the complaint 14.12 committee if authorized by the board, and the person requesting 14.13 the hearing, the hearing shall be held no later than 30 days 14.14 after the request for the hearing is received by the board. 14.15 (d) The administrative law judge shall issue a report 14.16 within 30 days of the close of the contested case hearing 14.17 record, notwithstanding Minnesota Rules, part 1400.8100, subpart 14.18 3. Within 30 days after receiving the report and any exceptions 14.19 to it, the board shall issue a further order vacating, 14.20 modifying, or making permanent the cease and desist orders as 14.21 the facts require. 14.22 (e) If no hearing is requested within 30 days of service of 14.23 the order, the order becomes final and remains in effect until 14.24 it is modified or vacated by the board. 14.25 (f) If the person to whom a cease and desist order is 14.26 issued fails to appear at the hearing after being duly notified, 14.27 the person is in default and the proceeding may be determined 14.28 against that person upon consideration of the cease and desist 14.29 order, the allegations of which may be considered to be true. 14.30 Subd. 4. [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) 14.31 The board may, by order, deny, refuse to renew, suspend, 14.32 temporarily suspend, or revoke the application, license, or 14.33 certification of a person; censure or reprimand that person; 14.34 condition or limit the person's practice; refuse to permit a 14.35 person to sit for examination; or refuse to release the person's 14.36 examination grades if the board finds that the order is in the 15.1 public interest and the applicant, licensee, or certificate 15.2 holder: 15.3 (1) has violated a statute, rule, or order that the board 15.4 has issued or is empowered to enforce; 15.5 (2) has engaged in conduct or acts that are fraudulent, 15.6 deceptive, or dishonest whether or not the conduct or acts 15.7 relate to the practice of architecture, engineering, land15.8 surveying,landscape architecture, geoscience, or certified 15.9 interior design, providing that the fraudulent, deceptive, or 15.10 dishonest conduct or acts reflect adversely on the person's 15.11 ability or fitness to engage in the practice of architecture, 15.12 engineering, land surveying,landscape architecture, geoscience, 15.13 or certified interior design; 15.14 (3) has engaged in conduct or acts that are negligent or 15.15 otherwise in violation of the standards established by Minnesota 15.16 Rules, chapters 1800 and 1805, where the conduct or acts relate 15.17 to the practice of architecture, engineering, land surveying,15.18 landscape architecture, geoscience, or use of the title 15.19 certified interior designer; 15.20 (4) has been convicted of or has pled guilty or nolo 15.21 contendere to a felony, an element of which is dishonesty or 15.22 fraud, whether or not the person admits guilt, or has been shown 15.23 to have engaged in acts or practices tending to show that the 15.24 applicant or licensee is incompetent or has engaged in conduct 15.25 reflecting adversely on the person's ability or fitness to 15.26 engage in the practice of architecture, engineering, land15.27 surveying,landscape architecture, geoscience, or use of the 15.28 title certified interior designer; 15.29 (5) employed fraud or deception in obtaining a certificate, 15.30 license, renewal, or reinstatement or in passing all or a 15.31 portion of the examination; 15.32 (6) has had the person's architecture, engineering, land15.33 surveying,landscape architecture, geoscience, or interior 15.34 design license, certificate, right to examine, or other similar 15.35 authority revoked, suspended, canceled, limited, or not renewed 15.36 for cause in any state, commonwealth, or territory of the United 16.1 States, in the District of Columbia, or in any foreign country; 16.2 (7) has had the person's right to practice before any 16.3 federal, state, or other government agency revoked, suspended, 16.4 canceled, limited, or not renewed; 16.5 (8) failed to meet any requirement for the issuance or 16.6 renewal of the person's license or certificate; 16.7 (9) has attached the person's seal or signature to a plan, 16.8 specification, report, plat, or other architectural, 16.9 engineering, land surveying,landscape architectural, 16.10 geoscientific, or interior design document not prepared by the 16.11 person sealing or signing it or under that person's direct 16.12 supervision; or 16.13 (10) with respect to temporary suspension orders, has 16.14 committed an act, engaged in conduct, or committed practices 16.15 that may, or has in the opinion of the board, or the complaint 16.16 committee if authorized by the board, resulted in an immediate 16.17 threat to the public. 16.18 (b) In lieu of or in addition to any remedy provided in 16.19 paragraph (a), the board may require, as a condition of 16.20 continued licensure, possession of certificate, termination of 16.21 suspension, reinstatement of license or certificate, 16.22 examination, or release of examination grades, that the person: 16.23 (1) submit to a quality review of the person's ability, 16.24 skills, or quality of work, conducted in such fashion and by 16.25 such persons, entity, or entities as the board may require 16.26 including, but not limited to, remedial education courses; and 16.27 (2) complete to the satisfaction of the board such 16.28 continuing professional education courses as the board may 16.29 specify by rule. 16.30 (c) Service of the order is effective if the order is 16.31 served on the licensee, certificate holder, applicant, person, 16.32 or counsel of record personally or by certified mail, to the 16.33 most recent address provided to the board for the licensee, 16.34 certificate holder, applicant, person, or counsel of record. 16.35 The order shall state the reasons for the entry of the order. 16.36 (d) All hearings required by this section shall be 17.1 conducted in accordance with chapter 14, except with respect to 17.2 temporary suspension orders, as provided for in subdivision 5, 17.3 paragraph (d). 17.4 Subd. 5. [PROCEDURE FOR TEMPORARY SUSPENSION OF LICENSE OR 17.5 CERTIFICATE.] (a) When the board, or the complaint committee if 17.6 authorized by the board, issues a temporary suspension order, 17.7 the suspension is in effect upon service of a written order on 17.8 the licensee or counsel of record, specifying the statute, rule, 17.9 or order violated. The order remains in effect until the board 17.10 issues a final order in the matter after a hearing or upon 17.11 agreement between the board and the licensee. 17.12 (b) Service of the order is effective if the order is 17.13 served on the licensee or counsel of record personally or by 17.14 certified mail, to the most recent address provided to the board 17.15 for the licensee or counsel of record. 17.16 (c) The order shall set forth the rights to a hearing 17.17 contained in this subdivision and shall state the reasons for 17.18 the entry of the order. 17.19 (d) Within ten days after service of the order, the 17.20 licensee may request a hearing in writing. The board shall hold 17.21 a hearing before its own members within five working days of 17.22 receipt of a request for hearing on the sole issue of whether 17.23 there is a reasonable basis to continue, modify, or lift the 17.24 temporary suspension. This hearing is not subject to chapter 17.25 14. Evidence presented by the board or the licensee shall be in 17.26 affidavit form only. The licensee or counsel of record may 17.27 appear for oral argument. 17.28 (e) Within five working days after the hearing, the board 17.29 shall issue its order and, if the suspension is continued, 17.30 schedule a contested case hearing within 30 days after issuance 17.31 of the order. The administrative law judge shall issue a report 17.32 within 30 days after closing of the contested case hearing 17.33 record, notwithstanding the provisions of Minnesota Rules, part 17.34 1400.8100, subpart 3. The board shall issue a final order 17.35 within 30 days after receipt of that report and any exceptions 17.36 to it. 18.1 Subd. 6. [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 18.2 The board may impose a civil penalty not to exceed $2,000 per 18.3 violation upon a person who commits an act or practice 18.4 constituting the unauthorized practice of architecture, 18.5 engineering, land surveying,landscape architecture, geoscience, 18.6 or the unauthorized use of the title certified interior 18.7 designer, or violates a statute, rule, or order that the board 18.8 has issued or is empowered to enforce. 18.9 (b) The board may, in addition, impose a fee to reimburse 18.10 the board for all or part of the cost of the proceedings 18.11 resulting in disciplinary action authorized by this section, the 18.12 imposition of civil penalties, or the issuance of a cease and 18.13 desist order. The fee may be imposed when the board shows that 18.14 the position of the person who commits an act or practice 18.15 constituting the unauthorized practice of architecture, 18.16 engineering, land surveying,landscape architecture, geoscience, 18.17 or the unauthorized use of the title certified interior 18.18 designer, or violates a statute, rule, or order that the board 18.19 has issued or is empowered to enforce is not substantially 18.20 justified, unless special circumstances make an award unjust, 18.21 notwithstanding the provisions of Minnesota Rules, part 18.22 1400.8401. The costs include, but are not limited to, the 18.23 amount paid by the board for services from the office of 18.24 administrative hearings, attorney fees, court reporters, 18.25 witnesses, reproduction of records, board members' per diem 18.26 compensation, board staff time, and expense incurred by board 18.27 members and staff. 18.28 Subd. 7. [REINSTATEMENT.] The board may reinstate a 18.29 suspended, revoked, or surrendered certificate or license upon 18.30 petition of the former or suspended certificate holder or 18.31 licensee. The board may, in its sole discretion, place any 18.32 other conditions, including reexamination in whole or in part, 18.33 upon reinstatement of a suspended, revoked, or surrendered 18.34 certificate or license that it finds appropriate and necessary 18.35 to ensure that the purposes of sections 326.02 to 326.15 are 18.36 met. No suspended certificate or license shall be reinstated 19.1 until the former certificate holder or licensee has completed 19.2 one-half of the suspension. 19.3 Subd. 8. [LAND SURVEYOR BOARD POWERS.] The land surveyor 19.4 board has the powers described in subdivisions 1 to 7. 19.5 Sec. 14. Minnesota Statutes 1998, section 326.12, 19.6 subdivision 1, is amended to read: 19.7 Subdivision 1. [JUDICIAL PROOF.] The issuance of a license 19.8 or certificate by the board, or by the land surveyor board for 19.9 land surveyors, shall be evidence that the person named therein 19.10 is entitled to all the rights and privileges of a licensed 19.11 architect, licensed engineer, licensed land surveyor, licensed 19.12 landscape architect, licensed geoscientist, or certified 19.13 interior designer while the license or certificate remains 19.14 unrevoked or has not expired or has not been suspended. 19.15 Sec. 15. Minnesota Statutes 1998, section 326.13, is 19.16 amended to read: 19.17 326.13 [PRACTICE EXEMPT.] 19.18 Practice of architecture, engineering, landscape 19.19 architecture, land surveying, or geoscience, or use of the title 19.20 certified interior designer in this state prior to licensure or 19.21 certification by the board, or land surveyor board for land 19.22 surveyors, shall be permitted under the following conditions and 19.23 limitations: 19.24 (1) By any person or firm not a resident of and having no 19.25 established place of business in this state, or any person or 19.26 firm resident in this state, but whose arrival in the state is 19.27 recent; provided, however, such person or a person connected 19.28 with such firm: 19.29 (i) is registered or licensed and qualified to practice 19.30 such profession in a state or country to which the board, or 19.31 land surveyor board for land surveyors, grants registration or 19.32 licensure by comity in accordance with the provisions of section 19.33 326.10, subdivision 1, clause (2); and 19.34 (ii) shall have filed an application for licensure as an 19.35 architect, an engineer, a geoscientist, or a certified interior 19.36 designer shall have paid the fee provided for in section 326.10, 20.1 and shall have been notified by the board, or land surveyor 20.2 board for land surveyors, that the applicant meets the 20.3 requirements for licensure or certification in this state and is 20.4 entitled to receive a license or certificate, and has applied 20.5 for and been granted a temporary permit to practice. Temporary 20.6 permits shall be granted to do a specific job for the period 20.7 stipulated on the permit. 20.8 (2) By a nonresident applicant who seeks to provide 20.9 architecture, engineering, land surveying, landscape 20.10 architecture, geoscience, or certified interior design services 20.11 in this state if the applicant offers to practice only for the 20.12 purpose of seeking to provide services, without having first 20.13 been registered or certified by the state, if the applicant: 20.14 (i) is registered and qualified to practice such profession 20.15 in a state or country to which the board, or land surveyor board 20.16 for land surveyors, grants registration or licensure by comity 20.17 in accordance with section 326.10, subdivision 1, clause (2); 20.18 (ii) notified the board in writing that the applicant is 20.19 not currently registered in this state, but will be present in 20.20 this state for the purpose of seeking to provide services; 20.21 (iii) delivers a copy of the notice referred to in clause 20.22 (ii) to every potential client for whom the applicant is seeking 20.23 to provide services; and 20.24 (iv) applies within ten days to the board for licensure or 20.25 certification if selected as the design professional for a 20.26 project in this state; the applicant is prohibited from actually 20.27 rendering services as defined within the terms of sections 20.28 326.02 to 326.15 until the applicant is licensed or certified, 20.29 or obtains a temporary permit as described in clause (1). 20.30 (3) Practice as an architect, an engineer, a land surveyor, 20.31 a landscape architect, or a geoscientist, or use of the title 20.32 certified interior designer solely as an officer or employee of 20.33 the United States. 20.34 (4) Practice as a geoscientist by a person who would be 20.35 qualified under sections 326.02 to 326.15 by virtue of 20.36 experience and education while (i) engaged in exploration, 21.1 development, extraction, and reclamation of minerals and mineral 21.2 deposits or energy resources including sand, gravel, peat, 21.3 industrial minerals, metallic minerals, iron ore, coal, oil, and 21.4 gas and other mineral fuels; (ii) an employee of a corporation 21.5 or agency engaged in such exploration, development, extraction, 21.6 and reclamation of minerals and mineral deposits; (iii) acting 21.7 in accordance with the provisions of section 82B.035, 21.8 subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 21.9 2; or (iv) engaged in academic geoscience research. 21.10 Sec. 16. [INITIAL BOARD MEMBERSHIPS.] 21.11 Of the initial land surveyor and appellate boards, one 21.12 member must have a one-year term, one member must have a 21.13 two-year term, two members must have three-year terms, and three 21.14 members must have four-year terms. 21.15 Sec. 17. [REVISOR'S INSTRUCTION.] 21.16 The revisor shall delete "land surveying" in references to 21.17 the name of the board of architecture, engineering, land 21.18 surveying, landscape architecture, geoscience, and interior 21.19 design in Minnesota Statutes and Minnesota Rules. 21.20 Sec. 18. [APPROPRIATION.] 21.21 $....... is appropriated from the general fund to the board 21.22 of architecture, engineering, land surveying, landscape 21.23 architecture, geoscience, and interior design for a grant to the 21.24 land surveyor board for the purposes of sections 1 to 16. 21.25 Sec. 19. [TRANSITION.] 21.26 The land surveyor board must adopt initial rules prior to 21.27 the effective date of this act. 21.28 Sec. 20. [EFFECTIVE DATE.] 21.29 This act is effective July 1 of the year following final 21.30 enactment.