SF 263

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to professions; changing interior designer
certification to licensure; amending Minnesota
Statutes 2004, sections 326.02, subdivisions 1, 3a,
4b, 5; 326.03, subdivisions 1, 4; 326.031; 326.04;
326.05; 326.09; 326.10, subdivisions 1, 2a, 8, 9;
326.105; 326.107, subdivision 1; 326.11, subdivision
1; 326.111; 326.12; 326.13; 326.14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 326.02,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin registration deleted text end new text begin licensure new text end mandatory.

In
order to safeguard life, health, and property, and to promote
the public welfare, any person in either public or private
capacity practicing, or offering to practice, architecture,
professional engineering, land surveying, landscape
architecture, deleted text begin or deleted text end professional geoscience, or deleted text begin using the title
certified deleted text end new text begin licensed new text end interior deleted text begin designer deleted text end new text begin design new text end in this state,
either as an individual, a copartner, or as agent of another,
shall be licensed deleted text begin or certified deleted text end as hereinafter provided. It
shall be unlawful for any person to practice, or to offer to
practice, in this state, architecture, professional engineering,
land surveying, landscape architecture, deleted text begin or deleted text end professional
geoscience, or deleted text begin to use the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or to solicit or to contract to furnish work
within the terms of sections 326.02 to 326.15, or to use in
connection with the person's name, or to otherwise assume, use
or advertise any title or description tending to convey the
impression that the person is an architect, professional
engineer (hereinafter called engineer), land surveyor, landscape
architect, professional geoscientist (hereinafter called
geoscientist), or deleted text begin certified deleted text end new text begin licensed new text end interior designer, unless
such person is qualified by licensure deleted text begin or certification deleted text end under
sections 326.02 to 326.15. This subdivision does not preclude
an individual who retired from one of the professions listed in
this subdivision from using the designation architect,
professional engineer, land surveyor, landscape architect,
professional geoscientist, or deleted text begin certified deleted text end new text begin licensed new text end interior
designer as long as the designation is preceded by the word
"retired" and the individual was licensed or certified in the
designated profession in the state of Minnesota on the date the
individual retired from the designated profession and the
individual's license deleted text begin or certification deleted text end was not subsequently
revoked by the Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior
Design.

Sec. 2.

Minnesota Statutes 2004, section 326.02,
subdivision 3a, is amended to read:

Subd. 3a.

Practice of professional geoscience.

A person
is considered to be practicing professional geoscience within
the meaning of sections 326.02 to 326.15 who holds out as being
able to perform or who does perform any technical professional
services, the adequate performance of which requires
professional geoscience education, training, and experience in
the application of special knowledge of the mathematical,
physical, chemical, biological, and earth sciences to such
services or creative work as consultation, investigation,
evaluation, planning, mapping, and inspection of geoscientific
work and its responsible supervision.

A person is considered to practice or offer to practice
professional geoscience, within the meaning and intent of
sections 326.02 to 326.15 who practices any of the geoscience
disciplines defined by the board; who by verbal claim, sign,
advertisement, letterhead, card, or in any other way represents
oneself to be a professional geoscientist; through the use of
some other title implies that the person is a professional
geoscientist; or who presents oneself as able to perform or who
does perform any geoscience services or that constitutes the
practice of a professional geoscience discipline as defined by
the board.

"Geoscience" means the science which includes treatment of
the earth and its origin and history; the investigation,
measurement or sampling, of the earth's constituent rocks,
natural and induced fields of force, minerals, fossils, solids,
soils, fluids including surface and underground waters, gases,
and other materials; and the study, interpretation, and analysis
of the natural agents, forces, and processes which cause changes
in the earth.

Nothing in this subdivision shall be construed to prevent a
professional engineer, as defined in sections 326.02 to 326.15,
from acquiring engineering data involving soil, rock,
groundwater, and other earth materials; evaluating physical and
chemical properties of soil, rock, groundwater, and other earth
materials for engineering; and from utilizing these data for
analysis, design, and construction. Nothing in this subdivision
shall be construed to permit a professional geoscientist to
engage in the practice of professional engineering,
architecture, landscape architecture, deleted text begin or deleted text end land surveying or deleted text begin to
use the title "certified deleted text end new text begin licensed new text end interior design deleted text begin " deleted text end as those
terms are defined in this section. Nothing in this subdivision
shall be construed to regulate persons who take soil samples for
the purpose of providing recommendations on crop production.

Sec. 3.

Minnesota Statutes 2004, section 326.02,
subdivision 4b, is amended to read:

Subd. 4b.

deleted text begin certified deleted text end new text begin practice of licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end .

(a) deleted text begin For the purposes deleted text end new text begin A person is practicing
licensed interior design, within the meaning new text end of sections 326.02
to 326.15, deleted text begin "certified interior designer" means a person who is
certified under section 326.10, to use the title certified
interior designer and deleted text end who deleted text begin provides services deleted text end new text begin holds out as being
able to perform or who does perform any professional service new text end in
connection with the new text begin planning, new text end design new text begin , or administration of
construction new text end of new text begin any private or new text end public interior spaces, including
preparation of documents relative to non-load-bearing interior
construction new text begin , programming new text end , space planning, finish materials, and
furnishings. new text begin For the purposes of this paragraph,
"administration" is a professional service as distinguished from
superintending of construction and means the performance of
reasonable and ordinary on-site observations to determine that
the interior construction is in substantial compliance with the
approved drawings, plans, and specifications.
new text end

new text begin (b) Licensed interior designers produce creative and
technical solutions within an interior area of a building that
protect the occupants' life, health, safety, and welfare, that
are functional, that enhance the quality of life for the
occupants, and that are aesthetically attractive using a
systematic and coordinated method, including research, analysis,
and integration of knowledge. Designs for the alteration or
construction of an interior area are created in response to and
coordinated with the building systems, consider the physical
location and social context of the building, and adhere to
statutory and regulatory requirements. Licensed interior
designers are qualified by means of education, experience, and
examination.
new text end

new text begin (c) Nothing contained in sections 326.02 to 326.15
concerning the practice of licensed interior design may be
construed to apply to:
new text end

deleted text begin (b) No person may use the title certified interior designer
unless that person has been certified as an interior designer or
has been exempted by the board. Registered architects may be
certified deleted text end new text begin (1) an architect licensed under the laws of this
state, who practices interior design new text end without additional deleted text begin testing.
Persons represent themselves deleted text end new text begin qualifications, but does not hold
out new text end to the public as deleted text begin certified deleted text end new text begin a licensed new text end interior deleted text begin designers if
they use a title that incorporates the words certified interior
deleted text end designer deleted text begin . deleted text end new text begin unless the architect has fulfilled education,
experience, and examination requirements under Minnesota Rules,
part 1800.2100;
new text end

deleted text begin (c) Nothing in this section prohibits the use of the title
interior designer or the term interior design by persons not
certified by the board.
deleted text end

deleted text begin (d) Nothing in this section restricts persons not certified
by the board from providing interior design services and from
saying that they provide such services, as long as they do not
use the title certified interior designer.
deleted text end

new text begin (2) an employee of a retail establishment providing
consultation regarding interior decoration, furnishings, or
cabinetry on the premises of the retail establishment or in the
furtherance of a retail sale or prospective retail sale, who
does not hold out to the public as a licensed interior designer;
or
new text end

new text begin (3) a person who provides decorative services or assistance
in selection, sale, lease, or supply of surface materials,
window treatments, wall coverings, paint, floor coverings,
surface-mounted fixtures, and loose furnishings in buildings as
described in section 326.03, who does not hold out to the public
as a licensed interior designer.
new text end

new text begin (d) No person may use the designation licensed interior
designer or any title or device indicating or representing that
the person is a licensed interior designer or is practicing
licensed interior design unless the person is licensed under the
provisions of sections 326.02 to 326.15.
new text end

(e) Nothing in this section authorizes deleted text begin certified deleted text end new text begin licensed
new text end interior designers to engage in the practice of architecture as
defined in subdivision 2 or the practice of engineering as
defined in subdivision 3.

Sec. 4.

Minnesota Statutes 2004, section 326.02,
subdivision 5, is amended to read:

Subd. 5.

Limitation.

The provisions of sections 326.02
to 326.15 shall not apply to the preparation of plans and
specifications for the erection, enlargement, or alteration of
any building or other structure by any person, for that person's
exclusive occupancy or use, unless such occupancy or use
involves the public health or safety or the health or safety of
the employees of said person, or of the buildings listed in
section 326.03, subdivision 2, nor to any detailed or shop plans
required to be furnished by a contractor to a deleted text begin registered
deleted text end new text begin licensed new text end engineer, landscape architect, architect, or deleted text begin certified
deleted text end new text begin licensed new text end interior designer, nor to any standardized manufactured
product, nor to any construction superintendent supervising the
execution of work designed by an architect, landscape architect,
engineer, or deleted text begin certified deleted text end new text begin licensed new text end interior designer licensed deleted text begin or
certified deleted text end in accordance with section 326.03, nor to the planning
for and supervision of the construction and installation of work
by an electrical contractor or master plumber as defined in and
licensed pursuant to this chapter, where such work is within the
scope of such licensed activity and not within the practice of
professional engineering, deleted text begin or deleted text end architecture, or deleted text begin where the person
does not claim to be a certified deleted text end new text begin licensed new text end interior deleted text begin designer
deleted text end new text begin design new text end as defined in subdivision 2, 3, or 4b.

Sec. 5.

Minnesota Statutes 2004, section 326.03,
subdivision 1, is amended to read:

Subdivision 1.

Plans; documents.

No person, except an
architect, engineer, land surveyor, landscape architect,
geoscientist, or deleted text begin certified deleted text end new text begin a licensed new text end interior designer,
licensed deleted text begin or certified deleted text end as provided for in sections 326.02 to
326.15 new text begin , new text end shall practice architecture, professional engineering,
land surveying, landscape architecture, deleted text begin or deleted text end professional
geoscience, or deleted text begin use the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , respectively, in the preparation of plans,
specifications, reports, plats or other architectural,
engineering, land surveying, landscape architectural,
geoscientific, or interior design documents, or in the
observation of architectural, engineering, land surveying,
landscape architectural, geoscientific, or interior design
projects. In preparation of such documents, reasonable care
shall be given to compliance with applicable laws, ordinances,
and building codes relating to design.

Sec. 6.

Minnesota Statutes 2004, section 326.03,
subdivision 4, is amended to read:

Subd. 4.

Exception for persons elected in office.

deleted text begin The
provisions hereof shall deleted text end new text begin This section does new text end not apply to any
person holding an elective office when in discharging the duties
deleted text begin thereof such deleted text end new text begin of the office the new text end person is required to do work or
perform service of the character of work or service usually done
or performed by an architect, engineer, land surveyor, landscape
architect, deleted text begin or deleted text end geoscientist new text begin , or licensed interior designer new text end .

Sec. 7.

Minnesota Statutes 2004, section 326.031, is
amended to read:

326.031 SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND
NAMES.

Any engineer, architect, deleted text begin certified deleted text end new text begin licensed new text end interior
designer, or other person preparing specifications with respect
to a contract for the construction of any facility for the
state, or any agency or department thereof, or for any county,
city, town, or school district, shall at the time of submitting
such specifications to the governing body of the organization
requesting the specifications, submit to such body, in writing,
a list showing each item in the specifications which has been
specified by brand name, unless such specifications allow for
the consideration of an equal.

Sec. 8.

Minnesota Statutes 2004, section 326.04, is
amended to read:

326.04 BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.

To carry out the provisions of sections 326.02 to 326.15
there is hereby created a Board of Architecture, Engineering,
Land Surveying, Landscape Architecture, Geoscience, and Interior
Design consisting of 21 members, who shall be appointed by the
governor. Three members shall be licensed architects, five
members shall be licensed engineers, two members shall be
licensed landscape architects, two members shall be licensed
land surveyors, two members shall be deleted text begin certified deleted text end new text begin licensed new text end interior
designers, two members shall be licensed geoscientists, and five
members shall be public members. Not more than one member of
the board shall be from the same branch of the profession of
engineering. deleted text begin The first professional geoscientist members shall
be appointed as soon as possible and no later than October 1,
1995. One of these members shall serve for a term to end
January 1, 1997. The other member shall serve for a term to end
January 1, 1999. The second licensed landscape architect and
certified interior designer members shall be appointed to
succeed the two public members whose terms end on January 1,
1996. The second licensed landscape architect and certified
interior designer members shall be appointed by the governor no
later than October 1, 1995, and shall serve a term to end on
January 1, 2000. During the time from the appointment of these
members until January 1, 1996, the board shall consist of 23
members. deleted text end Membership terms, compensation of members, removal of
members, the filling of membership vacancies, and fiscal year
and reporting requirements shall be as provided in sections
214.07 to 214.09. Members shall be limited to two terms. The
provision of staff, administrative services and office space;
the review and processing of complaints; the setting of board
fees; and other provisions relating to board operations shall be
as provided in chapter 214.

Sec. 9.

Minnesota Statutes 2004, section 326.05, is
amended to read:

326.05 QUALIFICATIONS OF BOARD MEMBERS.

Each member of the board shall be a resident of this state
at the time of and throughout the member's appointment. Each
member except the public members shall have been engaged in the
practice of the relevant profession for at least ten years and
shall have been in responsible charge of professional work
requiring licensure as an architect, engineer, land surveyor,
landscape architect, or geoscientist, or new text begin licensure or
new text end certification as an interior designer for at least five years.

Sec. 10.

Minnesota Statutes 2004, section 326.09, is
amended to read:

326.09 RECORDS OF BOARD.

The board shall keep a record of its proceedings and a
register of all applicants for licensing, showing for each the
date of application, name, age, educational and other
qualifications, place of business, and the place of residence,
whether or not an examination was required and whether the
applicant was rejected or a license granted, and the date of
such action. The books and register of the board shall be prima
facie evidence of all matters recorded therein. A roster
showing the names and places of business or of residence of all
licensed architects, engineers, land surveyors, landscape
architects, geoscientists, and deleted text begin certified deleted text end interior designers
shall be prepared annually. Rosters may be printed out of the
funds of the board.

Sec. 11.

Minnesota Statutes 2004, section 326.10,
subdivision 1, is amended to read:

Subdivision 1.

Issuance.

(a) 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 deleted text begin or
certificate deleted text end as an architect, engineer, land surveyor, landscape
architect, geoscientist, or deleted text begin certified deleted text end new text begin licensed new text end interior
designer. A separate fee shall be paid for each profession
licensed.

(1) To any person over 25 years of age, who is of good
moral character and repute, and who has the experience and
educational qualifications which 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 deleted text begin certified
deleted text end new text begin licensed new text end interior designers, respectively, at the time of
registration or licensure in the other jurisdiction, were equal,
in the opinion of the board, 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 deleted text begin certified
deleted text end new text begin licensed new text end interior designer.

(b) Notwithstanding paragraph (a), for one year from the
effective date of rules adopted by the board with respect to the
discipline of professional geoscience, the board may accept as
evidence that the applicant is qualified for licensing in the
discipline of professional geoscience:

(1) a record of graduation with a baccalaureate degree from
a school or college having accreditation defined by the board
and a geoscience or associated science curriculum approved by
the board; and

(2) at least five years of active professional practice in
the discipline of professional geoscience as approved by the
board.

Sec. 12.

Minnesota Statutes 2004, section 326.10,
subdivision 2a, is amended to read:

Subd. 2a.

Needs of physically disabled, inclusion in
examination.

Examinations for architect, civil structural
engineer, landscape architect, and deleted text begin certified deleted text end new text begin licensed new text end interior
designer shall include questions which require the applicant to
demonstrate knowledge of the design needs of people with
physical disabilities and of the relevant statutes and codes.
The questions shall be developed by the board in consultation
with the Department of Administration.

Sec. 13.

Minnesota Statutes 2004, section 326.10,
subdivision 8, is amended to read:

Subd. 8.

Expiration and renewal.

All licenses deleted text begin and
certificates, other than in-training certificates, deleted text end issued by the
board expire at midnight on June 30 of each even-numbered
calendar year if not renewed. A holder of a license deleted text begin or
certificate deleted text end issued by the board may renew it by completing and
filing with the board an application for renewal consisting of a
fully completed form provided by the board and the fee specified
in section 326.105. Both the fee and the application must be
submitted at the same time and by June 30 of each even-numbered
calendar year. The form must be signed by the applicant,
contain all of the information requested, and clearly show that
the licensee deleted text begin or certificate holder deleted text end has completed the minimum
number of required professional development hours, has provided
a certification under section 326.107, subdivision 5, to the
board, or has been granted an exemption under section 326.107,
subdivision 4. An application for renewal that does not comply
with the requirements of this subdivision is an incomplete
application and must not be accepted by the board.

Sec. 14.

Minnesota Statutes 2004, section 326.10,
subdivision 9, is amended to read:

Subd. 9.

Reinstatement of expired license deleted text begin or
certificate deleted text end .

A licensee deleted text begin or certificate holder deleted text end whose license deleted text begin or
certificate deleted text end has expired may reinstate the expired license deleted text begin or
certificate deleted text end by satisfying all prior continuing education
requirements, by paying all of the renewal fees due for all
prior renewal periods that the license deleted text begin or certificate deleted text end was
expired and the current renewal period, and paying a delayed
renewal fee in the amount set by the board. The continuing
education requirement must be satisfied with professional
development hours completed within the four years immediately
prior to reinstatement and may not include any professional
development hours that had previously been used to renew the
license deleted text begin or certificate deleted text end being reinstated.

To reinstate an expired license deleted text begin or certificate deleted text end , the
licensee deleted text begin or certificate holder deleted text end must file with the board an
application for reinstatement consisting of a fully completed
form provided by the board and the fees specified in this
subdivision. The form must be signed, contain all of the
information requested, and clearly show that the licensee deleted text begin or
certificate holder deleted text end either has completed the minimum number of
required professional development hours, has provided a
certification under section 326.107, subdivision 5, to the
board, or has been granted an exemption under section 326.107,
subdivision 4. An application for reinstatement that does not
comply with the requirements of this subdivision is an
incomplete application and must not be accepted by the board.

Sec. 15.

Minnesota Statutes 2004, section 326.105, is
amended to read:

326.105 FEES.

The fee for licensure or renewal of licensure as an
architect, professional engineer, land surveyor, landscape
architect, deleted text begin or deleted text end geoscience professional new text begin , or licensed interior
designer new text end is $120 per biennium. deleted text begin The fee for certification as a
certified interior designer or for renewal of the certificate is
$120 per biennium. The fee for an architect applying for
original certification as a certified interior designer is $50
per biennium. deleted text end The initial license deleted text begin or certification deleted text end fee for all
professions is $120. The renewal fee shall be paid biennially
on or before June 30 of each even-numbered year. The renewal
fee, when paid by mail, is not timely paid unless it is
postmarked on or before June 30 of each even-numbered year. The
application fee is $25 for in-training applicants and $75 for
professional license applicants.

The fee for monitoring licensing examinations for
applicants is $25, payable by the applicant.

Sec. 16.

Minnesota Statutes 2004, section 326.107,
subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Architects,
professional engineers, land surveyors, landscape architects,
geoscientists, and interior designers licensed deleted text begin or certified deleted text end by
this board must obtain the number of professional development
hours described in paragraphs (b) to (d) during each two-year
period of licensure deleted text begin or certification deleted text end identified in section
326.105. This requirement must be satisfied during the two-year
period prior to biennial renewal except for a carryover
permitted from the previous renewal period, which must not
exceed 50 percent of the biennial requirement of professional
development hours.

(b) Licensed professional engineers must earn a minimum of
24 professional development hours per biennial renewal except
for the carryover permitted.

(c) Licensed architects, land surveyors, landscape
architects, geoscientists, and deleted text begin certified deleted text end interior designers must
earn a minimum of 24 professional development hours per biennial
renewal except for the carryover permitted.

(d) Dual license deleted text begin or certificate deleted text end holders who have obtained a
license deleted text begin or certificate deleted text end for two professions must earn
professional development hours required by the license or
certificate requiring the greatest number of professional
development hours and must obtain in each profession a minimum
of one-third of the total professional development hours
required. The remaining one-third requirement may be obtained
in either profession at the sole discretion of the licensee deleted text begin or
certificate holder deleted text end .

Sec. 17.

Minnesota Statutes 2004, section 326.11,
subdivision 1, is amended to read:

Subdivision 1.

Revocation or suspension.

The board shall
have the power to revoke or suspend the license deleted text begin or certificate
deleted text end of any architect, engineer, land surveyor, landscape architect,
geoscientist, or deleted text begin certified deleted text end interior designer, who is found
guilty by the board of any fraud or deceit in obtaining a
license or certificate, or of attaching the licensee's or
certificate holder's seal or signature to any plan,
specification, report, plat, or other architectural,
engineering, land surveying, landscape architectural,
geoscientific, or interior design document not prepared by the
person signing or sealing it or under that person's direct
supervision, or of gross negligence, incompetency, or misconduct
in the practice of architecture, engineering, land surveying,
landscape architecture, geoscience, or interior design, or upon
conviction of any violation of sections 326.02 to 326.15 or
amendments thereof, or of any crime involving moral turpitude or
upon adjudication of insanity or incompetency.

Sec. 18.

Minnesota Statutes 2004, section 326.111, is
amended to read:

326.111 ISSUANCE, DENIAL, REVOCATION, AND SUSPENSION OF
LICENSES deleted text begin AND CERTIFICATES deleted text end ; DISCIPLINE.

Subdivision 1.

Generally.

(a) If the board, or the
complaint committee if authorized by the board, has a reasonable
basis to believe that a person has engaged in an act or practice
constituting the unauthorized practice of architecture,
engineering, land surveying, landscape architecture, geoscience,
or deleted text begin the unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or a violation of a statute, rule, or order
that the board has issued or is empowered to enforce, the board,
or the complaint committee if authorized by the board, may
proceed as described in subdivisions 2 and 3.

(b) The board shall establish a complaint committee to
investigate, mediate, or initiate administrative or legal
proceedings on behalf of the board with respect to complaints
filed with or information received by the board alleging or
indicating the unauthorized practice of architecture,
engineering, land surveying, landscape architecture, geoscience,
or deleted text begin the unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or a violation of statute, rule, or order that
the board has issued or is empowered to enforce. The complaint
committee shall consist of five members of the board, with no
more than one from each of the professions licensed by the
board, and no more than two public members.

(c) Except as otherwise described in this section, all
hearings shall be conducted in accordance with chapter 14.

Subd. 2.

Legal action.

(a) When necessary to prevent the
unauthorized practice of architecture, engineering, land
surveying, landscape architecture, geoscience, or deleted text begin the
unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or a violation of a statute, rule, or order
that the board has issued or is empowered to enforce, the board,
or the complaint committee if authorized by the board, may bring
an action in the name of the state in the district court in
Ramsey County or in any county in which jurisdiction is proper
to enjoin the act, practice, or violation and to enforce
compliance with the statute, rule, or order. Upon a showing
that a person has engaged in an act or practice constituting the
unauthorized practice of architecture, engineering, land
surveying, landscape architecture, geoscience, or deleted text begin the
unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or a violation of a statute, rule, or order
that the board has issued or is empowered to enforce, a
permanent or temporary injunction, restraining order, or other
appropriate relief shall be granted.

(b) For purposes of injunctive relief under this
subdivision, irreparable harm exists when the board shows that a
person has engaged in an act or practice constituting the
unauthorized practice of architecture, engineering, land
surveying, landscape architecture, geoscience, or deleted text begin the
unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or a violation of a statute, rule, or order
that the board has issued or is empowered to enforce.

(c) Injunctive relief granted under paragraph (a) does not
relieve an enjoined person from criminal prosecution by a
competent authority or from disciplinary action by the board
with respect to the person's license, deleted text begin certificate, deleted text end or
application for examination, license, or renewal.

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 deleted text begin the unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , 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.

(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.

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 deleted text begin , or
certification deleted text end 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 deleted text begin , deleted text end new text begin or new text end licensee deleted text begin , or certificate
holder deleted text end :

(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 deleted text begin certified
deleted text end new text begin licensed new text end 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 deleted text begin certified deleted text end new text begin licensed new text end 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 deleted text begin use of the title
certified deleted text end new text begin licensed new text end interior deleted text begin designer deleted text end new text begin design new text end ;

(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 deleted text begin use of the
title certified deleted text end new text begin licensed new text end interior deleted text begin designer deleted text end new text begin design new text end ;

(5) employed fraud or deception in obtaining a deleted text begin certificate,
deleted text end 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 deleted text begin or certificate deleted text end ;

(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, deleted text begin possession of certificate, deleted text end termination of
suspension, reinstatement of license deleted text begin or certificate deleted text end ,
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 is effective if the order is
served on the licensee, deleted text begin certificate holder, deleted text end applicant, person,
or counsel of record personally or by certified mail, to the
most recent address provided to the board for the licensee,
deleted text begin certificate holder, deleted text end applicant, person, or counsel of record.
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).

Subd. 5.

Procedure for temporary suspension of license deleted text begin or
certificate deleted text end .

(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 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.

(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.

Subd. 6.

Violations; penalties; costs of proceeding.

(a)
The board may impose a civil penalty not to exceed $10,000 per
violation upon a person who commits an act or practice
constituting the unauthorized practice of architecture,
engineering, land surveying, landscape architecture, geoscience,
or deleted text begin the unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or violates a statute, rule, or order that the
board has issued or is empowered to enforce.

(b) The board may, in addition, impose a fee to reimburse
the board for all or part of the cost of the proceedings
resulting in disciplinary action authorized by this section, the
imposition of civil penalties, or the issuance of a cease and
desist order. The fee may be imposed when the board shows that
the position of the person who commits an act or practice
constituting the unauthorized practice of architecture,
engineering, land surveying, landscape architecture, geoscience,
or deleted text begin the unauthorized use of the title certified deleted text end new text begin licensed new text end interior
deleted text begin designer deleted text end new text begin design new text end , or violates a statute, rule, or order that the
board has issued or is empowered to enforce is not substantially
justified, unless special circumstances make an award unjust,
notwithstanding the provisions of Minnesota Rules, part
1400.8401. The costs include, but are not limited to, the
amount paid by the board for services from the office of
administrative hearings, attorney fees, court reporters,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and expense incurred by board
members and staff.

Subd. 7.

Reinstatement.

The board may reinstate a
suspended, revoked, or surrendered deleted text begin certificate or deleted text end license upon
petition of the former or suspended deleted text begin certificate holder or
deleted text end licensee. The board may, in its sole discretion, place any
other conditions, including reexamination in whole or in part,
upon reinstatement of a suspended, revoked, or surrendered
deleted text begin certificate or deleted text end license that it finds appropriate and necessary
to ensure that the purposes of sections 326.02 to 326.15 are
met. No suspended deleted text begin certificate or deleted text end license shall be reinstated
until the former deleted text begin certificate holder or deleted text end licensee has completed
one-half of the suspension.

Sec. 19.

Minnesota Statutes 2004, section 326.12, is
amended to read:

326.12 LICENSE deleted text begin OR CERTIFICATE deleted text end AS EVIDENCE; SEAL.

Subdivision 1.

Judicial proof.

The issuance of a license
deleted text begin or certificate deleted text end by the board shall be evidence that the person
named therein is entitled to all the rights and privileges of a
licensed architect, licensed engineer, licensed land surveyor,
licensed landscape architect, licensed geoscientist,
or deleted text begin certified deleted text end new text begin licensed new text end interior designer while the license deleted text begin or
certificate deleted text end remains unrevoked or has not expired or has not been
suspended.

Subd. 2.

Seal.

Each licensee deleted text begin or certificate holder deleted text end may,
upon licensure or certification, obtain a seal of a design
approved by the board, bearing the licensee's deleted text begin or certificate
holder's deleted text end name and the legend "licensed architect," "licensed
professional engineer," "licensed land surveyor," "licensed
landscape architect," the appropriate licensed professional
geoscientist legend as defined by the board, or " deleted text begin certified
deleted text end new text begin licensed new text end interior designer." Plans, specifications, plats,
reports, and other documents prepared by a licensee deleted text begin or
certificate holder deleted text end may be stamped with the seal during the life
of the license deleted text begin or certificate deleted text end . A rubber stamp facsimile thereof
may be used in lieu of the seal on tracings from which prints
are to be made or on papers which would be damaged by the
regular seal. It shall be unlawful for any one to stamp or seal
any document with the stamp or seal after the license or
certificate has expired, been revoked or suspended, unless said
license deleted text begin or certificate deleted text end shall have been renewed or reissued.

Subd. 3.

Certified signature.

Each plan, drawing,
specification, plat, report, or other document which under
sections 326.02 to 326.15 is prepared by a licensed architect,
licensed engineer, licensed land surveyor, licensed landscape
architect, licensed geoscientist, or deleted text begin certified deleted text end new text begin licensed new text end interior
designer must bear the signature of the licensed deleted text begin or certified
deleted text end person preparing it, or the signature of the licensed deleted text begin or
certified deleted text end person under whose direct supervision it was
prepared. Each signature shall be accompanied by a
certification that the signer is licensed deleted text begin or certified deleted text end under
sections 326.02 to 326.15, by the person's license deleted text begin or
certificate deleted text end number, and by the date on which the signature was
affixed. The provisions of this paragraph shall not apply to
any plans, drawings, specifications, plats, reports, or other
documents of an intraoffice or intracompany nature or that are
considered to be drafts or of a preliminary, schematic, or
design development nature by licensed deleted text begin or certified deleted text end individuals
who would normally be responsible for their preparation. The
required signature and certification must appear on all pages of
plans and drawings that must be signed, but only on the first
page of specifications, plats, reports, or other documents that
must be signed. A stamp, printed signature, or electronically
created signature has the same force and effect as an actual
signature if it creates an accurate depiction of the licensed deleted text begin or
certified deleted text end professional's actual signature.

Sec. 20.

Minnesota Statutes 2004, section 326.13, is
amended to read:

326.13 PRACTICE EXEMPT.

Practice of architecture, engineering, landscape
architecture, land surveying, deleted text begin or deleted text end geoscience, or deleted text begin use of the title
certified deleted text end new text begin licensed new text end interior deleted text begin designer deleted text end new text begin design new text end in this state prior
to licensure deleted text begin or certification deleted text end by the board shall be permitted
under the following conditions and limitations:

(1) By any person or firm not a resident of and having no
established place of business in this state, or any person or
firm resident in this state, but whose arrival in the state is
recent; provided, however, such person or a person connected
with such firm:

(i) is registered or licensed and qualified to practice
such profession in a state or country to which the board grants
licensure or certification by comity in accordance with the
provisions of section 326.10, subdivision 1, clause (2); and

(ii) shall have filed an application for licensure as an
architect, an engineer, a geoscientist, or a deleted text begin certified deleted text end new text begin licensed
new text end interior designer shall have paid the fee provided for in
section 326.10, and shall have been notified by the board that
the applicant meets the requirements for licensure deleted text begin or
certification deleted text end in this state and is entitled to receive a license
deleted text begin or certificate deleted text end , and has applied for and been granted a temporary
permit to practice. Temporary permits shall be granted to do a
specific job for the period stipulated on the permit.

(2) By a nonresident applicant who seeks to provide
architecture, engineering, land surveying, landscape
architecture, geoscience, or deleted text begin certified deleted text end new text begin licensed new text end interior design
services in this state if the applicant offers to practice only
for the purpose of seeking to provide services, without having
first been registered deleted text begin or certified deleted text end by the state, if the
applicant:

(i) is registered and qualified to practice such profession
in a state or country to which the board grants registration or
licensure by comity in accordance with section 326.10,
subdivision 1, clause (2);

(ii) notified the board in writing that the applicant is
not currently registered in this state, but will be present in
this state for the purpose of seeking to provide services;

(iii) delivers a copy of the notice referred to in clause
(ii) to every potential client for whom the applicant is seeking
to provide services; and

(iv) applies within ten days to the board for licensure deleted text begin or
certification deleted text end if selected as the design professional for a
project in this state; the applicant is prohibited from actually
rendering services as defined within the terms of sections
326.02 to 326.15 until the applicant is licensed deleted text begin or certified deleted text end ,
or obtains a temporary permit as described in clause (1).

(3) Practice as an architect, an engineer, a land surveyor,
a landscape architect, deleted text begin or deleted text end a geoscientist, or deleted text begin use of the title
certified deleted text end new text begin a licensed new text end interior designer solely as an officer or
employee of the United States.

(4) Practice as a geoscientist by a person who would be
qualified under sections 326.02 to 326.15 by virtue of
experience and education while (i) engaged in exploration,
development, extraction, and reclamation of minerals and mineral
deposits or energy resources including sand, gravel, peat,
industrial minerals, metallic minerals, iron ore, coal, oil, and
gas and other mineral fuels; (ii) an employee of a corporation
or agency engaged in such exploration, development, extraction,
and reclamation of minerals and mineral deposits; (iii) acting
in accordance with the provisions of section 82B.035,
subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision
2; or (iv) engaged in academic geoscience research.

Sec. 21.

Minnesota Statutes 2004, section 326.14, is
amended to read:

326.14 CORPORATIONS AND PARTNERSHIPS AUTHORIZED.

A corporation, partnership or other firm may engage in work
of an architectural or engineering character, in land surveying,
in landscape architecture, deleted text begin or deleted text end in geoscience, or deleted text begin use the title of
certified deleted text end new text begin in licensed new text end interior deleted text begin designer deleted text end new text begin design new text end in this state,
provided the person or persons connected with such corporation,
partnership or other firm in responsible charge of such work is
or are licensed deleted text begin or certified deleted text end as herein required for the practice
of architecture, engineering, land surveying, landscape
architecture, deleted text begin and deleted text end geoscience, and deleted text begin use of the title of certified
deleted text end interior deleted text begin designer deleted text end new text begin design new text end .

Sec. 22. new text begin TRANSITION.
new text end

new text begin Certified interior designer board members who are serving
on July 1, 2005, shall finish their terms as scheduled. These
members become licensed interior designers on July 1, 2005.
new text end

new text begin From July 1, 2005, through June 30, 2006, certified
interior designers who properly apply for renewal or
reinstatement must be licensed as interior designers. After
June 30, 2006, the board shall not offer licenses to former
certified interior designers.
new text end

Sec. 23. new text begin RULES.
new text end

new text begin The Board of Architecture, Engineering, Land Surveying,
Landscape Architecture, Geoscience, and Interior Design shall
amend its rules under Minnesota Statutes, section 14.388, clause
(3), to implement this act.
new text end

Sec. 24. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2005.
new text end