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Minnesota Legislature

Office of the Revisor of Statutes

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

                             CHAPTER 85-H.F.No. 677 
                  An act relating to occupations and professions; 
                  modifying licensure requirements for architects, 
                  engineers, surveyors, landscape architects, 
                  geoscientists, and interior designers; amending 
                  Minnesota Statutes 2002, sections 326.10, by adding 
                  subdivisions; 326.107, subdivisions 4, 8; repealing 
                  Minnesota Statutes 2002, sections 326.10, subdivision 
                  5; 326.107, subdivisions 6, 9. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 326.10, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [EXPIRATION AND RENEWAL.] All licenses and 
        certificates, other than in-training certificates, issued by the 
        board expire at midnight on June 30 of each even-numbered 
        calendar year if not renewed.  A holder of a license or 
        certificate issued by the board may renew it by completing and 
        filing with the board an application for renewal consisting of a 
        fully completed form provided by the board and the fee specified 
        in section 326.105.  Both the fee and the application must be 
        submitted at the same time and by June 30 of each even-numbered 
        calendar year.  The form must be signed by the applicant, 
        contain all of the information requested, and clearly show that 
        the licensee or certificate holder has completed the minimum 
        number of required professional development hours, has provided 
        a certification under section 326.107, subdivision 5, to the 
        board, or has been granted an exemption under section 326.107, 
        subdivision 4.  An application for renewal that does not comply 
        with the requirements of this subdivision is an incomplete 
        application and must not be accepted by the board. 
           Sec. 2.  Minnesota Statutes 2002, section 326.10, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [REINSTATEMENT OF EXPIRED LICENSE OR 
        CERTIFICATE.] A licensee or certificate holder whose license or 
        certificate has expired may reinstate the expired license or 
        certificate by satisfying all prior continuing education 
        requirements, by paying all of the renewal fees due for all 
        prior renewal periods that the license or certificate was 
        expired and the current renewal period, and paying a delayed 
        renewal fee in the amount set by the board.  The continuing 
        education requirement must be satisfied with professional 
        development hours completed within the four years immediately 
        prior to reinstatement and may not include any professional 
        development hours that had previously been used to renew the 
        license or certificate being reinstated. 
           To reinstate an expired license or certificate, the 
        licensee or certificate holder must file with the board an 
        application for reinstatement consisting of a fully completed 
        form provided by the board and the fees specified in this 
        subdivision.  The form must be signed, contain all of the 
        information requested, and clearly show that the licensee or 
        certificate holder either has completed the minimum number of 
        required professional development hours, has provided a 
        certification under section 326.107, subdivision 5, to the 
        board, or has been granted an exemption under section 326.107, 
        subdivision 4.  An application for reinstatement that does not 
        comply with the requirements of this subdivision is an 
        incomplete application and must not be accepted by the board. 
           Sec. 3.  Minnesota Statutes 2002, section 326.107, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXEMPTIONS.] (a) A licensee The following 
        licensees or certificate holder is holders are exempt from the 
        continuing education requirements for one of the reasons listed 
        in paragraphs (b) to (d).: 
           (b) (1) a new licensee or certificate holder is exempt for 
        the individual's first biennial renewal.; or 
           (c) (2) a licensee or certificate holder who has 
        experienced during the biennial renewal a serious illness, 
        injury, or other extenuating circumstances, or who has been 
        called to active duty in the military services for a period of 
        time exceeding 120 consecutive days, as reviewed and approved by 
        the board is exempt.  Supporting documentation must be furnished 
        to the board prior to the end of the biennial renewal period, 
        and where such activities restrict compliance with the 
        continuing education requirements, as supported by documentation 
        furnished to the board.  
           (d) A licensee or certificate holder is exempt who, for a 
        period of time exceeding 120 consecutive days, serves honorably 
        on active duty in the military services where such activity 
        restricts participation in a continuing education program. 
           Sec. 4.  Minnesota Statutes 2002, section 326.107, 
        subdivision 8, is amended to read: 
           Subd. 8.  [NONCOMPLIANCE.] A licensee or certificate holder 
        who does not satisfy the continuing education requirements for 
        licensure or certification renewal shall be placed on 
        probationary status and shall be promptly notified of that 
        fact.  If the board rejects professional development hours 
        reported by a licensee or certificate holder in an amount 
        sufficient to reduce the number of nonrejected professional 
        development hours below the required minimum number, the 
        licensee or certificate holder must be notified of the board's 
        rejection of the hours.  The licensee or certificate holder has 
        180 days after notification to substantiate the original claim 
        validity of the rejected hours or to earn other professional 
        development qualifying hours to meet the minimum requirement.  
        If the deficiencies are not made up The board's rejection of any 
        professional development hours submitted during this 180-day 
        cure period does not extend or expand the cure period.  If the 
        board does not reinstate a sufficient number of the rejected 
        professional development hours to meet the required minimum 
        number of professional development hours, or the licensee or 
        certificate holder does not complete or substantiate that the 
        individual has completed other qualifying professional 
        development hours to meet the required minimum number of 
        professional development hours within the specified period of 
        time, the individual's licensure or certification shall be 
        suspended.  Professional development hours earned within 
        the probation 180-day cure period and applied to current renewal 
        may not be applied to the requirements for the following 
        biennial renewal.  
           An individual who applies for license or certification 
        renewal after the biennial renewal period has lapsed and has not 
        satisfied the continuing education requirements shall be 
        notified of that fact.  The licensee or certificate holder shall 
        have 180 days after notification to substantiate the original 
        claim or to earn other professional development hours to meet 
        the minimum requirement.  If the deficiencies are not made up 
        within the specified period of time, the individual's licensure 
        or certification shall be suspended. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 2002, sections 326.10, subdivision 5; 
        and 326.107, subdivisions 6 and 9, are repealed. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective the day following final 
        enactment. 
           Presented to the governor May 20, 2003 
           Signed by the governor May 23, 2003, 3:10 p.m.