3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to occupations and professions; requiring 1.3 licensure or certification of geoscientists; adding 1.4 geoscientists to the board of architecture, 1.5 engineering, land surveying, landscape architecture, 1.6 and interior design; providing for certain duties for 1.7 the board; providing for signatures on certain 1.8 documents; appropriating money; amending Minnesota 1.9 Statutes 1994, sections 214.01, subdivision 3; 214.04, 1.10 subdivision 3; 319A.02, subdivision 2; 326.02, 1.11 subdivisions 1, 4, 4a, and by adding a subdivision; 1.12 326.03, subdivisions 1 and 4; 326.04; 326.05; 326.06; 1.13 326.07; 326.08, subdivision 2; 326.09; 326.10, 1.14 subdivisions 1, 2, and 7; 326.11, subdivision 1; 1.15 326.111, subdivisions 1, 2, 3, 4, and 6; 326.12; 1.16 326.13; and 326.14. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 Section 1. Minnesota Statutes 1994, section 214.01, 1.19 subdivision 3, is amended to read: 1.20 Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.] 1.21 "Non-health-related licensing board" means the board of teaching 1.22 established pursuant to section 125.183, the board of barber 1.23 examiners established pursuant to section 154.22, the board of 1.24 assessors established pursuant to section 270.41, the board of 1.25 architecture, engineering, land surveying, landscape 1.26 architecture, geoscience, and interior design established 1.27 pursuant to section 326.04, the board of accountancy established 1.28 pursuant to section 326.17, the board of electricity established 1.29 pursuant to section 326.241, the private detective and 1.30 protective agent licensing board established pursuant to section 1.31 326.33, the board of boxing established pursuant to section 2.1 341.01, and the peace officer standards and training board 2.2 established pursuant to section 626.841. 2.3 Sec. 2. Minnesota Statutes 1994, section 214.04, 2.4 subdivision 3, is amended to read: 2.5 Subd. 3. [OFFICERS; STAFF.] The executive director of each 2.6 health-related board and the executive secretary of each 2.7 non-health-related board shall be the chief administrative 2.8 officer for the board but shall not be a member of the board. 2.9 The executive director or executive secretary shall maintain the 2.10 records of the board, account for all fees received by it, 2.11 supervise and direct employees servicing the board, and perform 2.12 other services as directed by the board. The executive 2.13 directors, executive secretaries, and other employees of the 2.14 following boards shall be hired by the board, and the executive 2.15 directors or executive secretaries shall be in the unclassified 2.16 civil service, except as provided in this subdivision: 2.17 (1) dentistry; 2.18 (2) medical practice; 2.19 (3) nursing; 2.20 (4) pharmacy; 2.21 (5) accountancy; 2.22 (6) architecture, engineering, land surveying, landscape 2.23 architecture, geoscience, and interior design; 2.24 (7) barber examiners; 2.25 (8) cosmetology; 2.26 (9) electricity; 2.27 (10) teaching; 2.28 (11) peace officer standards and training; 2.29 (12) social work; 2.30 (13) marriage and family therapy; and 2.31 (14) dietetics and nutrition practice. 2.32 The executive directors or executive secretaries serving 2.33 the boards are hired by those boards and are in the unclassified 2.34 civil service, except for part-time executive directors or 2.35 executive secretaries, who are not required to be in the 2.36 unclassified service. Boards not requiring full-time executive 3.1 directors or executive secretaries may employ them on a 3.2 part-time basis. To the extent practicable, the sharing of 3.3 part-time executive directors or executive secretaries by boards 3.4 being serviced by the same department is encouraged. Persons 3.5 providing services to those boards not listed in this 3.6 subdivision, except executive directors or executive secretaries 3.7 of the boards and employees of the attorney general, are 3.8 classified civil service employees of the department servicing 3.9 the board. To the extent practicable, the commissioner shall 3.10 ensure that staff services are shared by the boards being 3.11 serviced by the department. If necessary, a board may hire 3.12 part-time, temporary employees to administer and grade 3.13 examinations. 3.14 Sec. 3. Minnesota Statutes 1994, section 319A.02, 3.15 subdivision 2, is amended to read: 3.16 Subd. 2. "Professional service" means personal service 3.17 rendered by a professional pursuant to a license or certificate 3.18 issued by the state of Minnesota to practice medicine and 3.19 surgery pursuant to sections 147.01 to 147.22, chiropractic 3.20 pursuant to sections 148.01 to 148.105, registered nursing 3.21 pursuant to sections 148.171 to 148.285, optometry pursuant to 3.22 sections 148.52 to 148.62, psychology pursuant to sections 3.23 148.88 to 148.98, dentistry pursuant to sections 150A.01 to 3.24 150A.12, pharmacy pursuant to sections 151.01 to 151.40, 3.25 podiatric medicine pursuant to Laws 1987, chapter 108, sections 3.26 1 to 16, veterinary medicine pursuant to sections 156.001 to 3.27 156.14, architecture, engineering, surveying, landscape 3.28 architecture, geoscience, and certified interior design pursuant 3.29 to sections 326.02 to 326.15, accountancy pursuant to sections 3.30 326.17 to 326.229, or law pursuant to sections 481.01 to 481.17, 3.31 or pursuant to a license or certificate issued by another state 3.32 pursuant to similar laws. 3.33 Sec. 4. Minnesota Statutes 1994, section 326.02, 3.34 subdivision 1, is amended to read: 3.35 Subdivision 1. [
LICENSURE OR CERTIFICATIONREGISTRATION 3.36 MANDATORY.] In order to safeguard life, health, and property, 4.1 and to promote the public welfare, any person in either public 4.2 or private capacity practicing, or offering to practice, 4.3 architecture, professional engineering, land surveying, or4.4 landscape architecture, or professional geoscience, or using the 4.5 title certified interior designer in this state, either as an 4.6 individual, a copartner, or as agent of another, shall be 4.7 licensed or certified as hereinafter provided. It shall be 4.8 unlawful for any person to practice, or to offer to practice, in 4.9 this state, architecture, professional engineering, land 4.10 surveying, orlandscape architecture, or professional 4.11 geoscience, or to use the title certified interior designer, or 4.12 to solicit or to contract to furnish work within the terms of 4.13 sections 326.02 to 326.15, or to use in connection with the 4.14 person's name, or to otherwise assume, use or advertise any 4.15 title or description tending to convey the impression that the 4.16 person is an architect, professional engineer (hereinafter 4.17 called engineer), land surveyor, landscape 4.18 architect, professional geoscientist (hereinafter called 4.19 geoscientist), or certified interior designer, unless such 4.20 person is qualified by licensure or certification under sections 4.21 326.02 to 326.15. 4.22 Sec. 5. Minnesota Statutes 1994, section 326.02, is 4.23 amended by adding a subdivision to read: 4.24 Subd. 3a. [PRACTICE OF PROFESSIONAL GEOSCIENCE.] (a) A 4.25 person is considered to be practicing professional geoscience 4.26 within the meaning of sections 326.02 to 326.15 who holds out as 4.27 being able to perform or who does perform any technical 4.28 professional services, the adequate performance of which 4.29 requires professional geoscience education, training, and 4.30 experience in the application of special knowledge of the 4.31 mathematical, physical, chemical, biological, and earth sciences 4.32 to such services or creative work as consultation, 4.33 investigation, evaluation, planning, mapping, and inspection of 4.34 geoscientific work and its responsible supervision. 4.35 A person is considered to practice or offer to practice 4.36 professional geoscience, within the meaning and intent of 5.1 sections 326.02 to 326.15 who practices any of the geoscience 5.2 disciplines defined by the board; who by verbal claim, sign, 5.3 advertisement, letterhead, card, or in any other way represents 5.4 oneself to be a professional geoscientist; through the use of 5.5 some other title implies that the person is a professional 5.6 geoscientist; or who presents oneself as able to perform or who 5.7 does perform any geoscience services or that constitutes the 5.8 practice of a professional geoscience discipline as defined by 5.9 the board. 5.10 "Geoscience" means the science which includes treatment of 5.11 the earth and its origin and history; the investigation, 5.12 measurement or sampling, of the earth's constituent rocks, 5.13 natural and induced fields of force, minerals, fossils, solids, 5.14 soils, fluids including surface and underground waters, gases, 5.15 and other materials; and the study, interpretation, and analysis 5.16 of the natural agents, forces, and processes which cause changes 5.17 in the earth. 5.18 Nothing in this subdivision shall be construed to prevent a 5.19 professional engineer, as defined in sections 326.02 to 326.15, 5.20 from acquiring engineering data involving soil, rock, 5.21 groundwater, and other earth materials; evaluating physical and 5.22 chemical properties of soil, rock, groundwater, and other earth 5.23 materials for engineering; and from utilizing these data for 5.24 analysis, design, and construction. Nothing in this subdivision 5.25 shall be construed to permit a professional geoscientist to 5.26 engage in the practice of professional engineering, 5.27 architecture, landscape architecture, or land surveying or to 5.28 use the title "certified interior design" as those terms are 5.29 defined in this section. Nothing in this subdivision shall be 5.30 construed to regulate persons who take soil samples for the 5.31 purpose of providing recommendations on crop production. 5.32 Sec. 6. Minnesota Statutes 1994, section 326.02, 5.33 subdivision 4, is amended to read: 5.34 Subd. 4. [PRACTICE OF LAND SURVEYING.] Land surveying 5.35 means the application of the principles of mathematics, physical 5.36 and applied sciences and law to measuring and locating lines, 6.1 angles, elevations and natural or artificial features in the 6.2 air, on the surface of the earth, underground and on the beds of 6.3 bodies of water for the purpose of: 6.4 (a) monumenting property boundaries; 6.5 (b) planning, designing, and platting of land and 6.6 subdivisions including the topography, alignment and grades of 6.7 streets; and 6.8 (c) preparing and perpetuating maps, record plats and 6.9 property descriptions. 6.10 Any person who offers to perform, holds out as being able 6.11 to perform, or who does perform land surveying for others shall 6.12 be practicing land surveying. 6.13 Nothing contained in the provisions of sections 326.02 to 6.14 326.15, shall prohibit a licensed professional engineer, 6.15 architect, orlandscape architect, or professional geoscientist 6.16 from doing any work included in the practice of engineering, 6.17 architecture and, landscape architecture, and professional 6.18 geoscience, if the work does not involve the establishment or 6.19 reestablishment of property corners or property lines. 6.20 Sec. 7. Minnesota Statutes 1994, section 326.02, 6.21 subdivision 4a, is amended to read: 6.22 Subd. 4a. [PRACTICE OF LANDSCAPE ARCHITECTURE.] Any person 6.23 shall be deemed to be practicing landscape architecture, within 6.24 the meaning of sections 326.02 to 326.15, who holds out as being 6.25 able to perform or who does perform any professional service in 6.26 connection with the development of land areas where the dominant 6.27 purpose of the service is the preservation, enhancement or 6.28 determination of proper land uses, natural land features, ground 6.29 cover and planting, naturalistic and aesthetic values, the 6.30 settings, approaches or environment for structures or other 6.31 improvements, and the consideration and determination of 6.32 inherent problems of the land relating to erosion, wear and 6.33 tear, blight and hazards. This practice shall include the 6.34 location and arrangement of tangible objects and features 6.35 incidental and necessary to the purposes outlined but shall not 6.36 include the design of structures or facilities with separate and 7.1 self-contained purposes as ordinarily included in the practice 7.2 of engineering or architecture or the preparation of boundary 7.3 surveys or final land plats, as ordinarily included in the 7.4 practice of land surveying. 7.5 Nothing contained in sections 326.02 to 326.15 concerning 7.6 landscape architects shall be construed: 7.7 (a) To apply to a professional engineer duly registered 7.8 under the laws of this state; 7.9 (b) To apply to an architect registered under the laws of 7.10 this state; 7.11 (c) To apply to a land surveyor registered under the laws 7.12 of this state; 7.13 (d) To prevent a registered architect or professional 7.14 engineer from doing landscape planning and designing; 7.15 (e) To exclude nursery operators or other small business 7.16 people from the preparation of landscape plans appropriate to 7.17 the normal operation of their business; 7.18 (f) To authorize a landscape architect to engage in the 7.19 practice of architecture, engineering, orland surveying, or 7.20 geoscience ;. 7.21 No person shall use the designation landscape architect or 7.22 any title or device indicating or representing that the person 7.23 is a landscape architect or is practicing landscape architecture 7.24 unless the person is registered under the provisions of sections 7.25 326.02 to 326.15. 7.26 Sec. 8. Minnesota Statutes 1994, section 326.03, 7.27 subdivision 1, is amended to read: 7.28 Subdivision 1. [PLANS; DOCUMENTS.] No person, except an 7.29 architect, engineer, land surveyor, landscape 7.30 architect, geoscientist, or certified interior designer, 7.31 licensed or certified as provided for in sections 326.02 to 7.32 326.15 shall practice architecture, professional engineering, 7.33 land surveying, orlandscape architecture, or professional 7.34 geoscience, or use the title certified interior designer, 7.35 respectively, in the preparation of plans, specifications, 7.36 reports, plats or other architectural, engineering, land 8.1 surveying, landscape architectural, geoscientific, or interior 8.2 design documents, or in the observation of architectural, 8.3 engineering, land surveying, landscape 8.4 architectural, geoscientific, or interior design projects. In 8.5 preparation of such documents, reasonable care shall be given to 8.6 compliance with applicable laws, ordinances, and building codes 8.7 relating to design. 8.8 Sec. 9. Minnesota Statutes 1994, section 326.03, 8.9 subdivision 4, is amended to read: 8.10 Subd. 4. [EXCEPTION FOR PERSONS ELECTED IN OFFICE.] The 8.11 provisions hereof shall not apply to any person holding an 8.12 elective office when in discharging the duties thereof such 8.13 person is required to do work or perform service of the 8.14 character of work or service usually done or performed by an 8.15 architect, engineer, land surveyor or, landscape architect, or 8.16 geoscientist. 8.17 Sec. 10. Minnesota Statutes 1994, section 326.04, is 8.18 amended to read: 8.19 326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING, 8.20 LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.] 8.21 To carry out the provisions of sections 326.02 to 326.15 8.22 there is hereby created a board of architecture, engineering, 8.23 land surveying, landscape architecture, geoscience, and interior 8.24 design (hereinafter called the board)consisting of 2021 8.25 members, who shall be appointed by the governor. Three members 8.26 shall be licensed architects, five members shall be licensed 8.27 engineers, one membertwo members shall be alicensed landscape 8.28 architectarchitects, two members shall be licensed land 8.29 surveyors, one membertwo members shall be acertified interior 8.30 designerdesigners, two members shall be licensed geoscientists, 8.31 and eightfive members shall be public members. Not more than 8.32 one member of saidthe board shall be from the same branch of 8.33 the profession of engineering. The first certified interior8.34 designer member and seventh and eighth members shall be8.35 appointed as soon as possible and no later than 60 days after8.36 August 1, 1992, and shall serve for a term to end on January 1,9.1 1994.The first professional geoscientist members shall be 9.2 appointed as soon as possible and no later than October 1, 9.3 1995. One of these members shall serve for a term to end 9.4 January 1, 1997. The other member shall serve for a term to end 9.5 January 1, 1999. The second licensed landscape architect and 9.6 certified interior designer members shall be appointed to 9.7 succeed the two public members whose terms end on January 1, 9.8 1996. The second licensed landscape architect and certified 9.9 interior designer members shall be appointed by the governor no 9.10 later than October 1, 1995, and shall serve a term to end on 9.11 January 1, 2000. During the time from the appointment of these 9.12 members until January 1, 1996, the board shall consist of 23 9.13 members. Membership terms, compensation of members, removal of 9.14 members, the filling of membership vacancies, and fiscal year 9.15 and reporting requirements shall be as provided in sections 9.16 214.07 to 214.09. The provision of staff, administrative 9.17 services and office space; the review and processing of 9.18 complaints; the setting of board fees; and other provisions 9.19 relating to board operations shall be as provided in chapter 214. 9.20 Sec. 11. Minnesota Statutes 1994, section 326.05, is 9.21 amended to read: 9.22 326.05 [QUALIFICATIONS OF BOARD MEMBERS.] 9.23 Each member of the board shall be a resident of this state 9.24 at the time of appointment. Each member except the public 9.25 members shall have been engaged in the practice of the relevant 9.26 profession for at least ten years and shall have been in 9.27 responsible charge of work for at least five years. Each such 9.28 member shall be a member in good standing of a recognized 9.29 society of architects, engineers, land surveyors, landscape 9.30 architects, geoscientists, or interior designers; and, except as 9.31 provided in section 326.06, shall be a licensed architect, 9.32 licensed engineer, licensed land surveyor, licensed landscape 9.33 architect, licensed geoscientists, or certified interior 9.34 designer. The certified interior design member must have passed 9.35 the National Council for Interior Design Qualifications test. 9.36 Sec. 12. Minnesota Statutes 1994, section 326.06, is 10.1 amended to read: 10.2 326.06 [GENERAL POWERS AND DUTIES OF BOARD.] 10.3 Each member of the board shall receive a certificate of 10.4 appointment from the governor, and, before beginning a term of 10.5 office, shall file with the secretary of state the 10.6 constitutional oath of office. The board shall adopt and have 10.7 an official seal, which shall be affixed to all licenses 10.8 granted; shall make all rules, not inconsistent with law, needed 10.9 in performing its duties; and shall fix standards for 10.10 determining the qualifications of applicants for certificates, 10.11 which shall not exceed the requirements contained in the 10.12 curriculum of a recognized school of architecture, landscape 10.13 architecture, engineering, geoscience, or interior design. The 10.14 board shall make rules to define classes of buildings with 10.15 respect to which persons performing services described in 10.16 section 326.03, subdivision 2, may be exempted from the 10.17 provisions of sections 326.02 to 326.15, by a finding of no 10.18 probable risk to life, health, property or public welfare. 10.19 Sec. 13. Minnesota Statutes 1994, section 326.07, is 10.20 amended to read: 10.21 326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.] 10.22 The board shall hold meetings at such times as the bylaws 10.23 of the board may provide. Notice of all meetings shall be given 10.24 in such manner as the bylaws may provide. The board shall elect 10.25 annually from its members a chair, a vice-chair, a secretary and 10.26 a treasurer. A quorum of the board shall consist of not less 10.27 than ten11 members, of whom four shall be architects, landscape 10.28 architects, land surveyors, or certified interior designers, 10.29 threefour engineers or geoscientists, and three public members. 10.30 Sec. 14. Minnesota Statutes 1994, section 326.08, 10.31 subdivision 2, is amended to read: 10.32 Subd. 2. [MEMBERS.] Any member of the board, the executive 10.33 secretary of the board, or the attorney for the board may be 10.34 authorized by the board to attend any architectural, 10.35 engineering, land surveying, landscape architectural, 10.36 geoscientific, or interior design conference or meeting held 11.1 outside of this state, the major purpose of which is the 11.2 consideration of problems directly associated with the 11.3 registration or licensing of architects, professional engineers, 11.4 land surveyors, landscape architects, professional 11.5 geoscientists, or certified interior designers. 11.6 Sec. 15. Minnesota Statutes 1994, section 326.09, is 11.7 amended to read: 11.8 326.09 [RECORDS OF BOARD.] 11.9 The board shall keep a record of its proceedings and a 11.10 register of all applicants for licensing, showing for each the 11.11 date of application, name, age, educational and other 11.12 qualifications, place of business, and the place of residence, 11.13 whether or not an examination was required and whether the 11.14 applicant was rejected or a license granted, and the date of 11.15 such action. The books and register of the board shall be prima 11.16 facie evidence of all matters recorded therein. A roster 11.17 showing the names and places of business or of residence of all 11.18 licensed architects, engineers, land surveyors, landscape 11.19 architects, geoscientists, and certified interior designers 11.20 shall be prepared by the executive secretary of the board during 11.21 the month of July, of each even numbered year. Roster 11.22 supplements listing newly licensed persons shall be published 11.23 semiannually between publications of the biennial roster. 11.24 Rosters may be printed out of the funds of the board, as 11.25 provided in section 326.08. 11.26 Sec. 16. Minnesota Statutes 1994, section 326.10, 11.27 subdivision 1, is amended to read: 11.28 Subdivision 1. [ISSUANCE.] (a) The board shall on 11.29 application therefor on a prescribed form, and upon payment of a 11.30 fee prescribed by rule of the board, issue a license or 11.31 certificate as an architect, engineer, land surveyor, landscape 11.32 architect, geoscientist, or certified interior designer. A 11.33 separate fee shall be paid for each profession licensed. 11.34 (1) To any person over 25 years of age, who is of good 11.35 moral character and repute, and who has the experience and 11.36 educational qualifications which the board by rule may prescribe. 12.1 (2) To any person who holds an unexpired certificate of 12.2 registration or license issued by proper authority in the 12.3 District of Columbia, any state or territory of the United 12.4 States, or any foreign country, in which the requirements for 12.5 registration or licensure of architects, engineers, land 12.6 surveyors, landscape architects, geoscientists, or certified 12.7 interior designers, respectively, at the time of registration or 12.8 licensure in the other jurisdiction, were equal, in the opinion 12.9 of the board, to those fixed by the board and by the laws of 12.10 this state, and in which similar privileges are extended to the 12.11 holders of certificates of registration or licensure issued by 12.12 this state. The board may require such person to submit a 12.13 certificate of technical qualification from the National Council 12.14 of Architectural Registration Boards in the case of an 12.15 architect, from the National Council of Engineering Examiners in 12.16 the case of an engineer, from the National Council of Landscape 12.17 Architects Registration Board in the case of a landscape 12.18 architect, and from the National Council for Interior Design 12.19 Qualifications in the case of a certified interior designer. 12.20 (b) Notwithstanding paragraph (a), for one year from the 12.21 effective date of rules adopted by the board with respect to the 12.22 discipline of professional geoscience, the board may accept as 12.23 evidence that the applicant is qualified for licensing in the 12.24 discipline of professional geoscience: 12.25 (1) a record of graduation with a baccalaureate degree from 12.26 a school or college having accreditation defined by the board 12.27 and a geoscience or associated science curriculum approved by 12.28 the board; and 12.29 (2) at least five years of active professional practice in 12.30 the discipline of professional geoscience as approved by the 12.31 board. 12.32 Sec. 17. Minnesota Statutes 1994, section 326.10, 12.33 subdivision 2, is amended to read: 12.34 Subd. 2. [EXAMINATION.] The board may subject any 12.35 applicant for licensure to such examinations as may be deemed 12.36 necessary to establish qualifications. 13.1 In determining the qualifications in such cases of 13.2 applicants for licensure as architects, a majority vote of the 13.3 architect members of the board only shall be required; in 13.4 determining the qualifications in such cases of applicants for 13.5 licensure as engineers, a majority vote of the engineer members 13.6 of the board only, shall be required; in determining the 13.7 qualifications of applicants for registration as land surveyors, 13.8 the affirmative vote of the land surveyor member and of one 13.9 engineer of the board only, shall be required; in determining 13.10 the qualifications of applicants for licensure as landscape 13.11 architects, the affirmative vote of the landscape architect 13.12 member of the board and of one architect member or one civil 13.13 engineer member of the board only, shall be required; and in 13.14 determining the qualifications of applicants for certification 13.15 as certified interior designers, the affirmative vote of the 13.16 interior designer member of the board, of two public members, 13.17 and of one architect or engineer member of the board only, is 13.18 required; and in determining the qualifications of applicants 13.19 for registration as geoscientists, only the affirmative vote of 13.20 the two geoscientist members of the board is required. 13.21 Sec. 18. Minnesota Statutes 1994, section 326.10, 13.22 subdivision 7, is amended to read: 13.23 Subd. 7. [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; 13.24 LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1) 13.25 An applicant for certification as an engineer-in-training who is 13.26 a graduate with a bachelor of engineering degree from a school 13.27 or college having an engineering curriculum accredited by the 13.28 engineers' council for professional development or whose 13.29 education, in the opinion of the board, is equivalent thereto, 13.30 shall receive from the board, upon passing an examination in 13.31 fundamental engineering subjects, a certificate stating that the 13.32 applicant has passed such examination and that the applicant's 13.33 name has been recorded as an engineer-in-training. 13.34 (2) An applicant for certification as a land 13.35 surveyor-in-training who has had a minimum of four years of 13.36 qualifying experience of a character satisfactory to the board, 14.1 of which a formal education in an accredited engineering or land 14.2 surveying curriculum may constitute a part thereof, shall 14.3 receive from the board, upon passing a written examination in 14.4 the fundamentals of mathematics and the basic principles of land 14.5 surveying, a certificate stating that the applicant has passed 14.6 such examination and that the applicant's name has been recorded 14.7 as a land surveyor-in-training. 14.8 (3) Any applicant for certification as a landscape 14.9 architect-in-training who is a graduate with a degree from a 14.10 school or college having a landscape architecture curriculum 14.11 accredited by the American Society of Landscape Architects 14.12 committee on education or who has had equivalent education or 14.13 experience or a combination thereof of a grade and character 14.14 acceptable to the board shall receive from the board, upon 14.15 passing an examination in fundamental landscape architectural 14.16 subjects, a certificate stating that the applicant has passed 14.17 that examination and that the applicant's name has been recorded 14.18 as a landscape architect-in-training. 14.19 (4) An applicant for certification as a 14.20 geoscientist-in-training who is a graduate with a baccalaureate 14.21 degree from a school or college having accreditation defined by 14.22 the board and a geoscience or associated science curriculum 14.23 approved by the board, shall receive from the board, upon 14.24 passing the appropriate examination in fundamental geoscience 14.25 subjects for the applicant's discipline as approved by the 14.26 board, a certificate stating that the applicant's name has been 14.27 recorded as a geoscientist-in-training with the appropriate 14.28 geoscientist-in-training legend as approved by the board. 14.29 Sec. 19. Minnesota Statutes 1994, section 326.11, 14.30 subdivision 1, is amended to read: 14.31 Subdivision 1. [REVOCATION OR SUSPENSION.] The board shall 14.32 have the power to revoke or suspend the license or certificate 14.33 of any architect, engineer, land surveyor, landscape 14.34 architect, geoscientist, or certified interior designer, who is 14.35 found guilty by the board of any fraud or deceit in obtaining a 14.36 license or certificate, or of attaching the licensee's or 15.1 certificate holder's seal or signature to any plan, 15.2 specification, report, plat, or other architectural, 15.3 engineering, land surveying, landscape architectural, 15.4 geoscientific, or interior design document not prepared by the 15.5 person signing or sealing it or under that person's direct 15.6 supervision, or of gross negligence, incompetency, or misconduct 15.7 in the practice of architecture, engineering, land surveying, 15.8 landscape architecture, geoscience, or interior design, or upon 15.9 conviction of any violation of sections 326.02 to 326.15 or 15.10 amendments thereof, or of any crime involving moral turpitude or 15.11 upon adjudication of insanity or incompetency. 15.12 Sec. 20. Minnesota Statutes 1994, section 326.111, 15.13 subdivision 1, is amended to read: 15.14 Subdivision 1. [GENERALLY.] (a) If the board, or the 15.15 complaint committee if authorized by the board, has a reasonable 15.16 basis to believe that a person has engaged in an act or practice 15.17 constituting the unauthorized practice of architecture, 15.18 engineering, land surveying, landscape architecture, geoscience, 15.19 or the unauthorized use of the title certified interior 15.20 designer, or a violation of a statute, rule, or order that the 15.21 board has issued or is empowered to enforce, the board, or the 15.22 complaint committee if authorized by the board, may proceed as 15.23 described in subdivisions 2 and 3. 15.24 (b) The board shall establish a complaint committee to 15.25 investigate, mediate, or initiate administrative or legal 15.26 proceedings on behalf of the board with respect to complaints 15.27 filed with or information received by the board alleging or 15.28 indicating the unauthorized practice of architecture, 15.29 engineering, land surveying, landscape architecture, geoscience, 15.30 or the unauthorized use of the title certified interior 15.31 designer, or a violation of statute, rule, or order that the 15.32 board has issued or is empowered to enforce. The complaint 15.33 committee shall consist of five members of the board, with no 15.34 more than one from each of the professions licensed by the 15.35 board, and no more than two public members. 15.36 (c) Except as otherwise described in this section, all 16.1 hearings shall be conducted in accordance with chapter 14. 16.2 Sec. 21. Minnesota Statutes 1994, section 326.111, 16.3 subdivision 2, is amended to read: 16.4 Subd. 2. [LEGAL ACTION.] (a) When necessary to prevent the 16.5 unauthorized practice of architecture, engineering, land 16.6 surveying, landscape architecture, geoscience, or the 16.7 unauthorized use of the title certified interior designer, or a 16.8 violation of a statute, rule, or order that the board has issued 16.9 or is empowered to enforce, the board, or the complaint 16.10 committee if authorized by the board, may bring an action in the 16.11 name of the state in the district court in Ramsey county or in 16.12 any county in which jurisdiction is proper to enjoin the act, 16.13 practice, or violation and to enforce compliance with the 16.14 statute, rule, or order. Upon a showing that a person has 16.15 engaged in an act or practice constituting the unauthorized 16.16 practice of architecture, engineering, land surveying, landscape 16.17 architecture, geoscience, or the unauthorized use of the title 16.18 certified interior designer, or a violation of a statute, rule, 16.19 or order that the board has issued or is empowered to enforce, a 16.20 permanent or temporary injunction, restraining order, or other 16.21 appropriate relief shall be granted. 16.22 (b) For purposes of injunctive relief under this 16.23 subdivision, irreparable harm exists when the board shows that a 16.24 person has engaged in an act or practice constituting the 16.25 unauthorized practice of architecture, engineering, land 16.26 surveying, landscape architecture, geoscience, or the 16.27 unauthorized use of the title certified interior designer, or a 16.28 violation of a statute, rule, or order that the board has issued 16.29 or is empowered to enforce. 16.30 (c) Injunctive relief granted under paragraph (a) does not 16.31 relieve an enjoined person from criminal prosecution by a 16.32 competent authority or from disciplinary action by the board 16.33 with respect to the person's license, certificate, or 16.34 application for examination, license, or renewal. 16.35 Sec. 22. Minnesota Statutes 1994, section 326.111, 16.36 subdivision 3, is amended to read: 17.1 Subd. 3. [CEASE AND DESIST ORDERS.] (a) The board, or the 17.2 complaint committee if authorized by the board, may issue and 17.3 have served upon a person an order requiring the person to cease 17.4 and desist from the unauthorized practice of architecture, 17.5 engineering, land surveying, landscape architecture, geoscience, 17.6 or the unauthorized use of the title certified interior 17.7 designer, or violation of the statute, rule, or order. The 17.8 order shall be calculated to give reasonable notice of the 17.9 rights of the person to request a hearing and shall state the 17.10 reasons for the entry of the order. 17.11 (b) Service of the order is effective if the order is 17.12 served on the person or counsel of record personally or by 17.13 certified mail to the most recent address provided to the board 17.14 for the person or counsel of record. 17.15 (c) Unless otherwise agreed by the board, or the complaint 17.16 committee if authorized by the board, and the person requesting 17.17 the hearing, the hearing shall be held no later than 30 days 17.18 after the request for the hearing is received by the board. 17.19 (d) The administrative law judge shall issue a report 17.20 within 30 days of the close of the contested case hearing 17.21 record, notwithstanding Minnesota Rules, part 1400.8100, subpart 17.22 3. Within 30 days after receiving the report and any exceptions 17.23 to it, the board shall issue a further order vacating, 17.24 modifying, or making permanent the cease and desist orders as 17.25 the facts require. 17.26 (e) If no hearing is requested within 30 days of service of 17.27 the order, the order becomes final and remains in effect until 17.28 it is modified or vacated by the board. 17.29 (f) If the person to whom a cease and desist order is 17.30 issued fails to appear at the hearing after being duly notified, 17.31 the person is in default and the proceeding may be determined 17.32 against that person upon consideration of the cease and desist 17.33 order, the allegations of which may be considered to be true. 17.34 Sec. 23. Minnesota Statutes 1994, section 326.111, 17.35 subdivision 4, is amended to read: 17.36 Subd. 4. [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) 18.1 The board may, by order, deny, refuse to renew, suspend, 18.2 temporarily suspend, or revoke the application, license, or 18.3 certification of a person; censure or reprimand that person; 18.4 condition or limit the person's practice; refuse to permit a 18.5 person to sit for examination; or refuse to release the person's 18.6 examination grades if the board finds that the order is in the 18.7 public interest and the applicant, licensee, or certificate 18.8 holder: 18.9 (1) has violated a statute, rule, or order that the board 18.10 has issued or is empowered to enforce; 18.11 (2) has engaged in conduct or acts that are fraudulent, 18.12 deceptive, or dishonest whether or not the conduct or acts 18.13 relate to the practice of architecture, engineering, land 18.14 surveying, landscape architecture, geoscience, or certified 18.15 interior design, providing that the fraudulent, deceptive, or 18.16 dishonest conduct or acts reflect adversely on the person's 18.17 ability or fitness to engage in the practice of architecture, 18.18 engineering, land surveying, landscape architecture, geoscience, 18.19 or certified interior design; 18.20 (3) has engaged in conduct or acts that are negligent or 18.21 otherwise in violation of the standards established by Minnesota 18.22 Rules, chapters 1800 and 1805, where the conduct or acts relate 18.23 to the practice of architecture, engineering, land surveying, 18.24 landscape architecture, geoscience, or use of the title 18.25 certified interior designer; 18.26 (4) has been convicted of or has pled guilty or nolo 18.27 contendere to a felony, an element of which is dishonesty or 18.28 fraud, whether or not the person admits guilt, or has been shown 18.29 to have engaged in acts or practices tending to show that the 18.30 applicant or licensee is incompetent or has engaged in conduct 18.31 reflecting adversely on the person's ability or fitness to 18.32 engage in the practice of architecture, engineering, land 18.33 surveying, landscape architecture, geoscience, or use of the 18.34 title certified interior designer; 18.35 (5) employed fraud or deception in obtaining a certificate, 18.36 license, renewal, or reinstatement or in passing all or a 19.1 portion of the examination; 19.2 (6) has had the person's architecture, engineering, land 19.3 surveying, landscape architecture, geoscience, or interior 19.4 design license, certificate, right to examine, or other similar 19.5 authority revoked, suspended, canceled, limited, or not renewed 19.6 for cause in any state, commonwealth, or territory of the United 19.7 States, in the District of Columbia, or in any foreign country; 19.8 (7) has had the person's right to practice before any 19.9 federal, state, or other government agency revoked, suspended, 19.10 canceled, limited, or not renewed; 19.11 (8) failed to meet any requirement for the issuance or 19.12 renewal of the person's license or certificate; 19.13 (9) has attached the person's seal or signature to a plan, 19.14 specification, report, plat, or other architectural, 19.15 engineering, land surveying, landscape 19.16 architectural, geoscientific, or interior design document not 19.17 prepared by the person sealing or signing it or under that 19.18 person's direct supervision; or 19.19 (10) with respect to temporary suspension orders, has 19.20 committed an act, engaged in conduct, or committed practices 19.21 that may, or has in the opinion of the board, or the complaint 19.22 committee if authorized by the board, resulted in an immediate 19.23 threat to the public. 19.24 (b) In lieu of or in addition to any remedy provided in 19.25 paragraph (a), the board may require, as a condition of 19.26 continued licensure, possession of certificate, termination of 19.27 suspension, reinstatement of license or certificate, 19.28 examination, or release of examination grades, that the person: 19.29 (1) submit to a quality review of the person's ability, 19.30 skills, or quality of work, conducted in such fashion and by 19.31 such persons, entity, or entities as the board may require 19.32 including, but not limited to, remedial education courses; and 19.33 (2) complete to the satisfaction of the board such 19.34 continuing professional education courses as the board may 19.35 specify by rule. 19.36 (c) Service of the order is effective if the order is 20.1 served on the licensee, certificate holder, applicant, person, 20.2 or counsel of record personally or by certified mail, to the 20.3 most recent address provided to the board for the licensee, 20.4 certificate holder, applicant, person, or counsel of record. 20.5 The order shall state the reasons for the entry of the order. 20.6 (d) All hearings required by this section shall be 20.7 conducted in accordance with chapter 14, except with respect to 20.8 temporary suspension orders, as provided for in subdivision 5, 20.9 paragraph (d). 20.10 Sec. 24. Minnesota Statutes 1994, section 326.111, 20.11 subdivision 6, is amended to read: 20.12 Subd. 6. [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 20.13 The board may impose a civil penalty not to exceed $2,000 per 20.14 violation upon a person who commits an act or practice 20.15 constituting the unauthorized practice of architecture, 20.16 engineering, land surveying, landscape architecture, geoscience, 20.17 or the unauthorized use of the title certified interior 20.18 designer, or violates a statute, rule, or order that the board 20.19 has issued or is empowered to enforce. 20.20 (b) The board may, in addition, impose a fee to reimburse 20.21 the board for all or part of the cost of the proceedings 20.22 resulting in disciplinary action authorized by this section, the 20.23 imposition of civil penalties, or the issuance of a cease and 20.24 desist order. The fee may be imposed when the board shows that 20.25 the position of the person who commits an act or practice 20.26 constituting the unauthorized practice of architecture, 20.27 engineering, land surveying, landscape architecture, geoscience, 20.28 or the unauthorized use of the title certified interior 20.29 designer, or violates a statute, rule, or order that the board 20.30 has issued or is empowered to enforce is not substantially 20.31 justified, unless special circumstances make an award unjust, 20.32 notwithstanding the provisions of Minnesota Rules, part 20.33 1400.8401. The costs include, but are not limited to, the 20.34 amount paid by the board for services from the office of 20.35 administrative hearings, attorney fees, court reporters, 20.36 witnesses, reproduction of records, board members' per diem 21.1 compensation, board staff time, and expense incurred by board 21.2 members and staff. 21.3 Sec. 25. Minnesota Statutes 1994, section 326.12, is 21.4 amended to read: 21.5 326.12 [LICENSE OR CERTIFICATE AS EVIDENCE; SEAL.] 21.6 Subdivision 1. [JUDICIAL PROOF.] The issuance of a license 21.7 or certificate by the board shall be evidence that the person 21.8 named therein is entitled to all the rights and privileges of a 21.9 licensed architect, licensed engineer, licensed land surveyor, 21.10 licensed landscape architect, licensed geoscientist, or 21.11 certified interior designer while the license or certificate 21.12 remains unrevoked or has not expired or has not been suspended. 21.13 Subd. 2. [SEAL.] Each licensee or certificate holder may, 21.14 upon registration, obtain a seal of a design approved by the 21.15 board, bearing the licensee's or certificate holder's name and 21.16 the legend "licensed architect," "licensed professional 21.17 engineer," "licensed land surveyor," "licensed landscape 21.18 architect," the appropriate licensed professional geoscientist 21.19 legend as defined by the board, or "certified interior 21.20 designer." Plans, specifications, plats, reports, and other 21.21 documents prepared by a licensee or certificate holder may be 21.22 stamped with the seal during the life of the license or 21.23 certificate. A rubber stamp facsimile thereof may be used in 21.24 lieu of the seal on tracings from which prints are to be made or 21.25 on papers which would be damaged by the regular seal. It shall 21.26 be unlawful for any one to stamp or seal any document with the 21.27 stamp or seal after the license of the registrant named thereon 21.28 has expired, been revoked or suspended, unless said license or 21.29 certificate shall have been renewed or reissued. 21.30 Subd. 3. [CERTIFIED SIGNATURE.] Each plan, specification, 21.31 plat, report, or other document which under sections 326.02 to 21.32 326.15 is prepared by a licensed architect, licensed engineer, 21.33 licensed land surveyor, licensed landscape architect, licensed 21.34 geoscientist, or certified interior designer must bear the 21.35 signature of the licensed or certified person preparing it, or 21.36 the signature of the licensed or certified person under whose 22.1 direct supervision it was prepared. Each signature shall be 22.2 accompanied by a certification that the signer is licensed under 22.3 sections 326.02 to 326.15, by the person's license number, and 22.4 by the date on which the signature was affixed. The provisions 22.5 of this paragraph shall not apply to documents of an intraoffice 22.6 or intracompany nature. A government agency or local unit of 22.7 government need sign and certify only the title page or first 22.8 page of a highway construction document that is described in 22.9 this subdivision; provided that all other pages must have 22.10 printed or stamped on them a facsimile signature and the 22.11 information required by this subdivision. The stamp or printed 22.12 signature has the same force and effect as an actual signature. 22.13 Sec. 26. Minnesota Statutes 1994, section 326.13, is 22.14 amended to read: 22.15 326.13 [PRACTICE EXEMPT.] 22.16 Practice of architecture, engineering, landscape 22.17 architecture, orland surveying, or geoscience, or use of the 22.18 title certified interior designer in this state prior to 22.19 licensure by the board shall be permitted under the following 22.20 conditions and limitations: 22.21 (1) By any person or firm not a resident of and having no 22.22 established place of business in this state, or any person or 22.23 firm resident in this state, but whose arrival in the state is 22.24 recent; provided, however, such person or a person connected 22.25 with such firm: 22.26 (a) is registered or licensed and qualified to practice 22.27 such profession in a state or country to which the board grants 22.28 registration or licensure by comity in accordance with the 22.29 provisions of section 326.10, subdivision 1, clause (2); and 22.30 (b) shall have filed an application for licensure as an 22.31 architect, an engineer, a geoscientist, or a certified interior 22.32 designer shall have paid the fee provided for in section 326.10, 22.33 and shall have been notified by the board that the applicant 22.34 meets the requirements for licensure or certification in this 22.35 state and is entitled to receive a license or certificate; 22.36 (c) notwithstanding the provisions of paragraph (b) and 23.1 prior to the notification provided for therein, an applicant who 23.2 meets the requirements of paragraph (a) shall be permitted to 23.3 practice in this state provided that such practice is limited 23.4 solely to solicitation of work within the terms of sections 23.5 326.02 to 326.15; 23.6 (2) Practice as an architect, an engineer, a land surveyor, 23.7 ora landscape architect, or geoscientist, or use of the title 23.8 certified interior designer by any person not a resident of, and 23.9 having no established place of business in, this state, as a 23.10 consulting associate of an architect, an engineer, a land 23.11 surveyor, ora landscape architect, or a geoscientist, or use of 23.12 the title certified interior designer licensed or certified 23.13 under the provisions of sections 326.02 to 326.15; provided, the 23.14 nonresident is licensed or certified and qualified to practice 23.15 the profession in a state or country to which the board grants 23.16 licensure or certification by comity in accordance with the 23.17 provisions of section 326.10, subdivision 1, clause (2); 23.18 (3) Practice as an architect, an engineer, a land surveyor, 23.19 ora landscape architect, or a geoscientist, or use of the title 23.20 certified interior designer solely as an officer or employee of 23.21 the United States; 23.22 (4) Practice as a geoscientist by a person who would be 23.23 qualified under sections 326.02 to 326.15 by virtue of 23.24 experience and education while (i) engaged in exploration, 23.25 development, extraction, and reclamation of minerals and mineral 23.26 deposits or energy resources including sand, gravel, peat, 23.27 industrial minerals, metallic minerals, iron ore, coal, oil, and 23.28 gas and other mineral fuels; (ii) an employee of a corporation 23.29 or agency engaged in such exploration, development, extraction, 23.30 and reclamation of minerals and mineral deposits; (iii) acting 23.31 in accordance with the provisions of section 82B.035, 23.32 subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision 23.33 2; or (iv) engaged in academic geoscience research. 23.34 Sec. 27. Minnesota Statutes 1994, section 326.14, is 23.35 amended to read: 23.36 326.14 [CORPORATIONS AND PARTNERSHIPS AUTHORIZED.] 24.1 A corporation, partnership or other firm may engage in work 24.2 of an architectural or engineering character, in land surveying 24.3 or, in landscape architecture, or in geoscience, or use the 24.4 title of certified interior designer in this state, provided the 24.5 person or persons connected with such corporation, partnership 24.6 or other firm in responsible charge of such work is or are 24.7 licensed or certified as herein required for the practice of 24.8 architecture, engineering, land surveying, andlandscape 24.9 architecture, and geoscience, and use of the title of certified 24.10 interior designer. 24.11 Sec. 28. [APPROPRIATION.] 24.12 $85,000 in fiscal year 1996 and $70,000 in fiscal year 1997 24.13 are appropriated from the general fund to the board of 24.14 architecture, engineering, land surveying, landscape 24.15 architecture, and geoscience for the purposes of sections 1 to 24.16 27.