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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 206-S.F.No. 1170 
                  An act relating to occupations and professions; 
                  requiring licensure or certification of geoscientists; 
                  adding geoscientists to the board of architecture, 
                  engineering, land surveying, landscape architecture, 
                  and interior design; providing for certain duties for 
                  the board; providing for signatures on certain 
                  documents; appropriating money; amending Minnesota 
                  Statutes 1994, sections 214.01, subdivision 3; 214.04, 
                  subdivision 3; 319A.02, subdivision 2; 326.02, 
                  subdivisions 1, 4, 4a, and by adding a subdivision; 
                  326.03, subdivisions 1 and 4; 326.04; 326.05; 326.06; 
                  326.07; 326.08, subdivision 2; 326.09; 326.10, 
                  subdivisions 1, 2, and 7; 326.11, subdivision 1; 
                  326.111, subdivisions 1, 2, 3, 4, and 6; 326.12; 
                  326.13; and 326.14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 214.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NON-HEALTH-RELATED LICENSING BOARD.] 
        "Non-health-related licensing board" means the board of teaching 
        established pursuant to section 125.183, the board of barber 
        examiners established pursuant to section 154.22, the board of 
        assessors established pursuant to section 270.41, the board of 
        architecture, engineering, land surveying, landscape 
        architecture, geoscience, and interior design established 
        pursuant to section 326.04, the board of accountancy established 
        pursuant to section 326.17, the board of electricity established 
        pursuant to section 326.241, the private detective and 
        protective agent licensing board established pursuant to section 
        326.33, the board of boxing established pursuant to section 
        341.01, and the peace officer standards and training board 
        established pursuant to section 626.841. 
           Sec. 2.  Minnesota Statutes 1994, section 214.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OFFICERS; STAFF.] The executive director of each 
        health-related board and the executive secretary of each 
        non-health-related board shall be the chief administrative 
        officer for the board but shall not be a member of the board.  
        The executive director or executive secretary shall maintain the 
        records of the board, account for all fees received by it, 
        supervise and direct employees servicing the board, and perform 
        other services as directed by the board.  The executive 
        directors, executive secretaries, and other employees of the 
        following boards shall be hired by the board, and the executive 
        directors or executive secretaries shall be in the unclassified 
        civil service, except as provided in this subdivision:  
           (1) dentistry; 
           (2) medical practice; 
           (3) nursing; 
           (4) pharmacy; 
           (5) accountancy; 
           (6) architecture, engineering, land surveying, landscape 
        architecture, geoscience, and interior design; 
           (7) barber examiners; 
           (8) cosmetology; 
           (9) electricity; 
           (10) teaching; 
           (11) peace officer standards and training; 
           (12) social work; 
           (13) marriage and family therapy; and 
           (14) dietetics and nutrition practice. 
           The executive directors or executive secretaries serving 
        the boards are hired by those boards and are in the unclassified 
        civil service, except for part-time executive directors or 
        executive secretaries, who are not required to be in the 
        unclassified service.  Boards not requiring full-time executive 
        directors or executive secretaries may employ them on a 
        part-time basis.  To the extent practicable, the sharing of 
        part-time executive directors or executive secretaries by boards 
        being serviced by the same department is encouraged.  Persons 
        providing services to those boards not listed in this 
        subdivision, except executive directors or executive secretaries 
        of the boards and employees of the attorney general, are 
        classified civil service employees of the department servicing 
        the board.  To the extent practicable, the commissioner shall 
        ensure that staff services are shared by the boards being 
        serviced by the department.  If necessary, a board may hire 
        part-time, temporary employees to administer and grade 
        examinations. 
           Sec. 3.  Minnesota Statutes 1994, section 319A.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  "Professional service" means personal service 
        rendered by a professional pursuant to a license or certificate 
        issued by the state of Minnesota to practice medicine and 
        surgery pursuant to sections 147.01 to 147.22, chiropractic 
        pursuant to sections 148.01 to 148.105, registered nursing 
        pursuant to sections 148.171 to 148.285, optometry pursuant to 
        sections 148.52 to 148.62, psychology pursuant to sections 
        148.88 to 148.98, dentistry pursuant to sections 150A.01 to 
        150A.12, pharmacy pursuant to sections 151.01 to 151.40, 
        podiatric medicine pursuant to Laws 1987, chapter 108, sections 
        1 to 16, veterinary medicine pursuant to sections 156.001 to 
        156.14, architecture, engineering, surveying, landscape 
        architecture, geoscience, and certified interior design pursuant 
        to sections 326.02 to 326.15, accountancy pursuant to sections 
        326.17 to 326.229, or law pursuant to sections 481.01 to 481.17, 
        or pursuant to a license or certificate issued by another state 
        pursuant to similar laws. 
           Sec. 4.  Minnesota Statutes 1994, section 326.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSURE OR CERTIFICATION REGISTRATION 
        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, or 
        landscape architecture, or professional geoscience, or using the 
        title certified interior designer in this state, either as an 
        individual, a copartner, or as agent of another, shall be 
        licensed or certified 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, or landscape architecture, or professional 
        geoscience, or to use the title certified interior designer, 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 certified interior designer, unless such 
        person is qualified by licensure or certification under sections 
        326.02 to 326.15. 
           Sec. 5.  Minnesota Statutes 1994, section 326.02, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [PRACTICE OF PROFESSIONAL GEOSCIENCE.] (a) 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, or land surveying or to 
        use the title "certified interior design" 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. 6.  Minnesota Statutes 1994, section 326.02, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PRACTICE OF LAND SURVEYING.] Land surveying 
        means the application of the principles of mathematics, physical 
        and applied sciences and law to measuring and locating lines, 
        angles, elevations and natural or artificial features in the 
        air, on the surface of the earth, underground and on the beds of 
        bodies of water for the purpose of:  
           (a) monumenting property boundaries; 
           (b) planning, designing, and platting of land and 
        subdivisions including the topography, alignment and grades of 
        streets; and 
           (c) preparing and perpetuating maps, record plats and 
        property descriptions.  
           Any person who offers to perform, holds out as being able 
        to perform, or who does perform land surveying for others shall 
        be practicing land surveying.  
           Nothing contained in the provisions of sections 326.02 to 
        326.15, shall prohibit a licensed professional engineer, 
        architect, or landscape architect, or professional geoscientist 
        from doing any work included in the practice of engineering, 
        architecture and, landscape architecture, and professional 
        geoscience, if the work does not involve the establishment or 
        reestablishment of property corners or property lines.  
           Sec. 7.  Minnesota Statutes 1994, section 326.02, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [PRACTICE OF LANDSCAPE ARCHITECTURE.] Any person 
        shall be deemed to be practicing landscape architecture, within 
        the meaning of sections 326.02 to 326.15, who holds out as being 
        able to perform or who does perform any professional service in 
        connection with the development of land areas where the dominant 
        purpose of the service is the preservation, enhancement or 
        determination of proper land uses, natural land features, ground 
        cover and planting, naturalistic and aesthetic values, the 
        settings, approaches or environment for structures or other 
        improvements, and the consideration and determination of 
        inherent problems of the land relating to erosion, wear and 
        tear, blight and hazards.  This practice shall include the 
        location and arrangement of tangible objects and features 
        incidental and necessary to the purposes outlined but shall not 
        include the design of structures or facilities with separate and 
        self-contained purposes as ordinarily included in the practice 
        of engineering or architecture or the preparation of boundary 
        surveys or final land plats, as ordinarily included in the 
        practice of land surveying. 
           Nothing contained in sections 326.02 to 326.15 concerning 
        landscape architects shall be construed: 
           (a) To apply to a professional engineer duly registered 
        under the laws of this state; 
           (b) To apply to an architect registered under the laws of 
        this state; 
           (c) To apply to a land surveyor registered under the laws 
        of this state; 
           (d) To prevent a registered architect or professional 
        engineer from doing landscape planning and designing; 
           (e) To exclude nursery operators or other small business 
        people from the preparation of landscape plans appropriate to 
        the normal operation of their business; 
           (f) To authorize a landscape architect to engage in the 
        practice of architecture, engineering, or land surveying, or 
        geoscience;.  
           No person shall use the designation landscape architect or 
        any title or device indicating or representing that the person 
        is a landscape architect or is practicing landscape architecture 
        unless the person is registered under the provisions of sections 
        326.02 to 326.15. 
           Sec. 8.  Minnesota Statutes 1994, 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 certified interior designer, 
        licensed or certified as provided for in sections 326.02 to 
        326.15 shall practice architecture, professional engineering, 
        land surveying, or landscape architecture, or professional 
        geoscience, or use the title certified interior designer, 
        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. 9.  Minnesota Statutes 1994, section 326.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXCEPTION FOR PERSONS ELECTED IN OFFICE.] The 
        provisions hereof shall not apply to any person holding an 
        elective office when in discharging the duties thereof such 
        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 or, landscape architect, or 
        geoscientist. 
           Sec. 10.  Minnesota Statutes 1994, 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 (hereinafter called the board) consisting of 20 21 
        members, who shall be appointed by the governor.  Three members 
        shall be licensed architects, five members shall be licensed 
        engineers, one member two members shall be a licensed landscape 
        architect architects, two members shall be licensed land 
        surveyors, one member two members shall be a certified interior 
        designer designers, two members shall be licensed geoscientists, 
        and eight five members shall be public members.  Not more than 
        one member of said the board shall be from the same branch of 
        the profession of engineering.  The first certified interior 
        designer member and seventh and eighth members shall be 
        appointed as soon as possible and no later than 60 days after 
        August 1, 1992, and shall serve for a term to end on January 1, 
        1994.  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.  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.  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. 11.  Minnesota Statutes 1994, 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 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 work for at least five years.  Each such 
        member shall be a member in good standing of a recognized 
        society of architects, engineers, land surveyors, landscape 
        architects, geoscientists, or interior designers; and, except as 
        provided in section 326.06, shall be a licensed architect, 
        licensed engineer, licensed land surveyor, licensed landscape 
        architect, licensed geoscientists, or certified interior 
        designer.  The certified interior design member must have passed 
        the National Council for Interior Design Qualifications test. 
           Sec. 12.  Minnesota Statutes 1994, section 326.06, is 
        amended to read: 
           326.06 [GENERAL POWERS AND DUTIES OF BOARD.] 
           Each member of the board shall receive a certificate of 
        appointment from the governor, and, before beginning a term of 
        office, shall file with the secretary of state the 
        constitutional oath of office.  The board shall adopt and have 
        an official seal, which shall be affixed to all licenses 
        granted; shall make all rules, not inconsistent with law, needed 
        in performing its duties; and shall fix standards for 
        determining the qualifications of applicants for certificates, 
        which shall not exceed the requirements contained in the 
        curriculum of a recognized school of architecture, landscape 
        architecture, engineering, geoscience, or interior design.  The 
        board shall make rules to define classes of buildings with 
        respect to which persons performing services described in 
        section 326.03, subdivision 2, may be exempted from the 
        provisions of sections 326.02 to 326.15, by a finding of no 
        probable risk to life, health, property or public welfare. 
           Sec. 13.  Minnesota Statutes 1994, section 326.07, is 
        amended to read: 
           326.07 [BOARD, MEETINGS OF, OFFICERS, QUORUM.] 
           The board shall hold meetings at such times as the bylaws 
        of the board may provide.  Notice of all meetings shall be given 
        in such manner as the bylaws may provide.  The board shall elect 
        annually from its members a chair, a vice-chair, a secretary and 
        a treasurer.  A quorum of the board shall consist of not less 
        than ten 11 members, of whom four shall be architects, landscape 
        architects, land surveyors, or certified interior designers, 
        three four engineers or geoscientists, and three public members. 
           Sec. 14.  Minnesota Statutes 1994, section 326.08, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERS.] Any member of the board, the executive 
        secretary of the board, or the attorney for the board may be 
        authorized by the board to attend any architectural, 
        engineering, land surveying, landscape architectural, 
        geoscientific, or interior design conference or meeting held 
        outside of this state, the major purpose of which is the 
        consideration of problems directly associated with the 
        registration or licensing of architects, professional engineers, 
        land surveyors, landscape architects, professional 
        geoscientists, or certified interior designers. 
           Sec. 15.  Minnesota Statutes 1994, 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 certified interior designers 
        shall be prepared by the executive secretary of the board during 
        the month of July, of each even numbered year.  Roster 
        supplements listing newly licensed persons shall be published 
        semiannually between publications of the biennial roster.  
        Rosters may be printed out of the funds of the board, as 
        provided in section 326.08. 
           Sec. 16.  Minnesota Statutes 1994, 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 or 
        certificate as an architect, engineer, land surveyor, landscape 
        architect, geoscientist, or certified interior designer.  A 
        separate fee shall be paid for each profession licensed. 
           (1) To any person 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 certified 
        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 Engineering Examiners in 
        the case of an engineer, from the National Council of Landscape 
        Architects Registration Board in the case of a landscape 
        architect, and from the National Council for Interior Design 
        Qualifications in the case of a certified 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. 17.  Minnesota Statutes 1994, section 326.10, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXAMINATION.] The board may subject any 
        applicant for licensure to such examinations as may be deemed 
        necessary to establish qualifications. 
           In determining the qualifications in such cases of 
        applicants for licensure as architects, a majority vote of the 
        architect members of the board only shall be required; in 
        determining the qualifications in such cases of applicants for 
        licensure as engineers, a majority vote of the engineer members 
        of the board only, shall be required; in determining the 
        qualifications of applicants for registration as land surveyors, 
        the affirmative vote of the land surveyor member and of one 
        engineer of the board only, shall be required; in determining 
        the qualifications of applicants for licensure as landscape 
        architects, the affirmative vote of the landscape architect 
        member of the board and of one architect member or one civil 
        engineer member of the board only, shall be required; and in 
        determining the qualifications of applicants for certification 
        as certified interior designers, the affirmative vote of the 
        interior designer member of the board, of two public members, 
        and of one architect or engineer member of the board only, is 
        required; and in determining the qualifications of applicants 
        for registration as geoscientists, only the affirmative vote of 
        the two geoscientist members of the board is required. 
           Sec. 18.  Minnesota Statutes 1994, section 326.10, 
        subdivision 7, is amended to read: 
           Subd. 7.  [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING; 
        LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1) 
        An applicant for certification as an engineer-in-training who is 
        a graduate with a bachelor of engineering degree from a school 
        or college having an engineering curriculum accredited by the 
        engineers' council for professional development or whose 
        education, in the opinion of the board, is equivalent thereto, 
        shall receive from the board, upon passing an examination in 
        fundamental engineering subjects, a certificate stating that the 
        applicant has passed such examination and that the applicant's 
        name has been recorded as an engineer-in-training. 
           (2) An applicant for certification as a land 
        surveyor-in-training who has had a minimum of four years of 
        qualifying experience of a character satisfactory to the board, 
        of which a formal education in an accredited engineering or land 
        surveying curriculum may constitute a part thereof, shall 
        receive from the board, upon passing a written examination in 
        the fundamentals of mathematics and the basic principles of land 
        surveying, a certificate stating that the applicant has passed 
        such examination and that the applicant's name has been recorded 
        as a land surveyor-in-training. 
           (3) Any applicant for certification as a landscape 
        architect-in-training who is a graduate with a degree from a 
        school or college having a landscape architecture curriculum 
        accredited by the American Society of Landscape Architects 
        committee on education or who has had equivalent education or 
        experience or a combination thereof of a grade and character 
        acceptable to the board shall receive from the board, upon 
        passing an examination in fundamental landscape architectural 
        subjects, a certificate stating that the applicant has passed 
        that examination and that the applicant's name has been recorded 
        as a landscape architect-in-training. 
           (4) An applicant for certification as a 
        geoscientist-in-training who is a graduate 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, shall receive from the board, upon 
        passing the appropriate examination in fundamental geoscience 
        subjects for the applicant's discipline as approved by the 
        board, a certificate stating that the applicant's name has been 
        recorded as a geoscientist-in-training with the appropriate 
        geoscientist-in-training legend as approved by the board. 
           Sec. 19.  Minnesota Statutes 1994, 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 or certificate 
        of any architect, engineer, land surveyor, landscape 
        architect, geoscientist, or certified 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. 20.  Minnesota Statutes 1994, section 326.111, 
        subdivision 1, is amended to read: 
           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 the unauthorized use of the title certified interior 
        designer, 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 the unauthorized use of the title certified interior 
        designer, 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. 
           Sec. 21.  Minnesota Statutes 1994, section 326.111, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEGAL ACTION.] (a) When necessary to prevent the 
        unauthorized practice of architecture, engineering, land 
        surveying, landscape architecture, geoscience, or the 
        unauthorized use of the title certified interior designer, 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 the unauthorized use of the title 
        certified interior designer, 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 the 
        unauthorized use of the title certified interior designer, 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, certificate, or 
        application for examination, license, or renewal. 
           Sec. 22.  Minnesota Statutes 1994, section 326.111, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CEASE AND DESIST ORDERS.] (a) The board, or the 
        complaint committee if authorized by the board, may issue and 
        have served upon a person an order requiring the person to cease 
        and desist from the unauthorized practice of architecture, 
        engineering, land surveying, landscape architecture, geoscience, 
        or the unauthorized use of the title certified interior 
        designer, or violation of the statute, rule, or order.  The 
        order shall be calculated to give reasonable notice of the 
        rights of the person to request a hearing and shall state the 
        reasons for the entry of the order. 
           (b) Service of the order is effective if the order is 
        served on the person or counsel of record personally or by 
        certified mail to the most recent address provided to the board 
        for the person or counsel of record. 
           (c) Unless otherwise agreed by the board, or the complaint 
        committee if authorized by the board, and the person requesting 
        the hearing, the hearing shall be held no later than 30 days 
        after the request for the hearing is received by the board. 
           (d) The administrative law judge shall issue a report 
        within 30 days of the close of the contested case hearing 
        record, notwithstanding Minnesota Rules, part 1400.8100, subpart 
        3.  Within 30 days after receiving the report and any exceptions 
        to it, the board shall issue a further order vacating, 
        modifying, or making permanent the cease and desist orders as 
        the facts require. 
           (e) If no hearing is requested within 30 days of service of 
        the order, the order becomes final and remains in effect until 
        it is modified or vacated by the board. 
           (f) If the person to whom a cease and desist order is 
        issued fails to appear at the hearing after being duly notified, 
        the person is in default and the proceeding may be determined 
        against that person upon consideration of the cease and desist 
        order, the allegations of which may be considered to be true. 
           Sec. 23.  Minnesota Statutes 1994, section 326.111, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) 
        The board may, by order, deny, refuse to renew, suspend, 
        temporarily suspend, or revoke the application, license, or 
        certification of a person; censure or reprimand that person; 
        condition or limit the person's practice; refuse to permit a 
        person to sit for examination; or refuse to release the person's 
        examination grades if the board finds that the order is in the 
        public interest and the applicant, licensee, or certificate 
        holder: 
           (1) has violated a statute, rule, or order that the board 
        has issued or is empowered to enforce; 
           (2) has engaged in conduct or acts that are fraudulent, 
        deceptive, or dishonest whether or not the conduct or acts 
        relate to the practice of architecture, engineering, land 
        surveying, landscape architecture, geoscience, or certified 
        interior design, providing that the fraudulent, deceptive, or 
        dishonest conduct or acts reflect adversely on the person's 
        ability or fitness to engage in the practice of architecture, 
        engineering, land surveying, landscape architecture, geoscience, 
        or certified interior design; 
           (3) has engaged in conduct or acts that are negligent or 
        otherwise in violation of the standards established by Minnesota 
        Rules, chapters 1800 and 1805, where the conduct or acts relate 
        to the practice of architecture, engineering, land surveying, 
        landscape architecture, geoscience, or use of the title 
        certified interior designer; 
           (4) has been convicted of or has pled guilty or nolo 
        contendere to a felony, an element of which is dishonesty or 
        fraud, whether or not the person admits guilt, or has been shown 
        to have engaged in acts or practices tending to show that the 
        applicant or licensee is incompetent or has engaged in conduct 
        reflecting adversely on the person's ability or fitness to 
        engage in the practice of architecture, engineering, land 
        surveying, landscape architecture, geoscience, or use of the 
        title certified interior designer; 
           (5) employed fraud or deception in obtaining a certificate, 
        license, renewal, or reinstatement or in passing all or a 
        portion of the examination; 
           (6) has had the person's architecture, engineering, land 
        surveying, landscape architecture, geoscience, or interior 
        design license, certificate, right to examine, or other similar 
        authority revoked, suspended, canceled, limited, or not renewed 
        for cause in any state, commonwealth, or territory of the United 
        States, in the District of Columbia, or in any foreign country; 
           (7) has had the person's right to practice before any 
        federal, state, or other government agency revoked, suspended, 
        canceled, limited, or not renewed; 
           (8) failed to meet any requirement for the issuance or 
        renewal of the person's license or certificate; 
           (9) has attached the person's seal or signature to a plan, 
        specification, report, plat, or other architectural, 
        engineering, land surveying, landscape 
        architectural, geoscientific, or interior design document not 
        prepared by the person sealing or signing it or under that 
        person's direct supervision; or 
           (10) with respect to temporary suspension orders, has 
        committed an act, engaged in conduct, or committed practices 
        that may, or has in the opinion of the board, or the complaint 
        committee if authorized by the board, resulted in an immediate 
        threat to the public. 
           (b) In lieu of or in addition to any remedy provided in 
        paragraph (a), the board may require, as a condition of 
        continued licensure, possession of certificate, termination of 
        suspension, reinstatement of license or certificate, 
        examination, or release of examination grades, that the person:  
           (1) submit to a quality review of the person's ability, 
        skills, or quality of work, conducted in such fashion and by 
        such persons, entity, or entities as the board may require 
        including, but not limited to, remedial education courses; and 
           (2) complete to the satisfaction of the board such 
        continuing professional education courses as the board may 
        specify by rule. 
           (c) Service of the order is effective if the order is 
        served on the licensee, certificate holder, applicant, person, 
        or counsel of record personally or by certified mail, to the 
        most recent address provided to the board for the licensee, 
        certificate holder, applicant, person, or counsel of record.  
        The order shall state the reasons for the entry of the order.  
           (d) All hearings required by this section shall be 
        conducted in accordance with chapter 14, except with respect to 
        temporary suspension orders, as provided for in subdivision 5, 
        paragraph (d). 
           Sec. 24.  Minnesota Statutes 1994, section 326.111, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VIOLATIONS; PENALTIES; COSTS OF PROCEEDING.] (a) 
        The board may impose a civil penalty not to exceed $2,000 per 
        violation upon a person who commits an act or practice 
        constituting the unauthorized practice of architecture, 
        engineering, land surveying, landscape architecture, geoscience, 
        or the unauthorized use of the title certified interior 
        designer, 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 the unauthorized use of the title certified interior 
        designer, 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. 
           Sec. 25.  Minnesota Statutes 1994, section 326.12, is 
        amended to read: 
           326.12 [LICENSE OR CERTIFICATE AS EVIDENCE; SEAL.] 
           Subdivision 1.  [JUDICIAL PROOF.] The issuance of a license 
        or certificate 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 
        certified interior designer while the license or certificate 
        remains unrevoked or has not expired or has not been suspended. 
           Subd. 2.  [SEAL.] Each licensee or certificate holder may, 
        upon registration, obtain a seal of a design approved by the 
        board, bearing the licensee's or certificate holder's 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 "certified interior 
        designer."  Plans, specifications, plats, reports, and other 
        documents prepared by a licensee or certificate holder may be 
        stamped with the seal during the life of the license or 
        certificate.  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 of the registrant named thereon 
        has expired, been revoked or suspended, unless said license or 
        certificate shall have been renewed or reissued. 
           Subd. 3.  [CERTIFIED SIGNATURE.] Each plan, 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 certified interior designer must bear the 
        signature of the licensed or certified person preparing it, or 
        the signature of the licensed or certified person under whose 
        direct supervision it was prepared.  Each signature shall be 
        accompanied by a certification that the signer is licensed under 
        sections 326.02 to 326.15, by the person's license number, and 
        by the date on which the signature was affixed.  The provisions 
        of this paragraph shall not apply to documents of an intraoffice 
        or intracompany nature.  A government agency or local unit of 
        government need sign and certify only the title page or first 
        page of a highway construction document that is described in 
        this subdivision; provided that all other pages must have 
        printed or stamped on them a facsimile signature and the 
        information required by this subdivision.  The stamp or printed 
        signature has the same force and effect as an actual signature. 
           Sec. 26.  Minnesota Statutes 1994, section 326.13, is 
        amended to read: 
           326.13 [PRACTICE EXEMPT.] 
           Practice of architecture, engineering, landscape 
        architecture, or land surveying, or geoscience, or use of the 
        title certified interior designer in this state prior to 
        licensure 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: 
           (a) is registered or licensed and qualified to practice 
        such profession in a state or country to which the board grants 
        registration or licensure by comity in accordance with the 
        provisions of section 326.10, subdivision 1, clause (2); and 
           (b) shall have filed an application for licensure as an 
        architect, an engineer, a geoscientist, or a certified 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 or certification in this 
        state and is entitled to receive a license or certificate; 
           (c) notwithstanding the provisions of paragraph (b) and 
        prior to the notification provided for therein, an applicant who 
        meets the requirements of paragraph (a) shall be permitted to 
        practice in this state provided that such practice is limited 
        solely to solicitation of work within the terms of sections 
        326.02 to 326.15; 
           (2) Practice as an architect, an engineer, a land surveyor, 
        or a landscape architect, or geoscientist, or use of the title 
        certified interior designer by any person not a resident of, and 
        having no established place of business in, this state, as a 
        consulting associate of an architect, an engineer, a land 
        surveyor, or a landscape architect, or a geoscientist, or use of 
        the title certified interior designer licensed or certified 
        under the provisions of sections 326.02 to 326.15; provided, the 
        nonresident is licensed or certified and qualified to practice 
        the 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); 
           (3) Practice as an architect, an engineer, a land surveyor, 
        or a landscape architect, or a geoscientist, or use of the title 
        certified 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. 27.  Minnesota Statutes 1994, 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 
        or, in landscape architecture, or in geoscience, or use the 
        title of certified interior designer 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 or certified as herein required for the practice of 
        architecture, engineering, land surveying, and landscape 
        architecture, and geoscience, and use of the title of certified 
        interior designer. 
           Sec. 28.  [APPROPRIATION.] 
           $85,000 in fiscal year 1996 and $70,000 in fiscal year 1997 
        are appropriated from the general fund to the board of 
        architecture, engineering, land surveying, landscape 
        architecture, and geoscience for the purposes of sections 1 to 
        27. 
           Presented to the governor May 22, 1995 
           Signed by the governor May 22, 1995, 7:40 p.m.