Administrative Rule Review Report #AR07-036
Legislative Service Office
27-Jun-07
AGENCY: Board of Architects.
SUBJECT: Chapters 1 through 12, Board of Architects and Landscape Architects.
NATURE OF RULES: Legislative and procedural
STATUTORY AUTHORITY: W.S. 33-4-101 et seq.
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION
SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date
SUMMARY OF RULES: The rules provide for broad changes in the regulation of architects and landscape architects.
In chapter 2, the rules provide for establishment of committees by the board of architects and landscape architects to act on applications for licensure, renewal, complaints and other issues. Rulings of those committees may still be appealed to the board in accordance with chapter 10 of the rules. Other amendments to chapter 2 provide that employment statements, CLARB (Council of Landscape Architectural Registration Boards) and NCARB (National Council of Architectural Registration Boards) records and application forms are not treated as public records and that licensees may not personally inspect employment statements within their own file. The CLARB and NCARB records include certifications of qualifications by the national associations. Employment statements are recommendations from employers. Finally, amendments to chapter 2 change the fee schedule for licensure.
In chapter 3, the amendments allow for examination where the administration of the exam is conducted in accordance with national standards. The amendments to chapters 3 and 4 provide for closing an application if required documentation is not received within one year of the date the application was received and provide for waiver of fees if a person with an expired license applies for re-licensure within three years of that expiration. The rules require an applicant to arrange to have official records and transcripts forwarded to the board.
Amendments to chapter 5 require an applicant for architectural or landscape architect license to sit for at least one division of the exam within one year of approval for examination or the application will be closed. Chapter 6 provides for administration of the landscape architect exam by a nationally authorized testing center.
Amendments to Chapter 7 provide that expired licenses may only be renewed within three years of the expiration date. The amendments remove the requirement that the applicant for renewal of an expired license show verification of substantial practice in another jurisdiction during that time period. The rules also provide for a retired status license.
Chapter 8, providing for continuing education requirements, has been substantially rewritten to specify criteria required for classes to qualify as professional development units. The number of units required has remained the same. The new rules provide for record keeping and audits.
Chapter 9 has been amended to provide for refusal, suspension or revocation of licenses for failure to comply with ethical standards promulgated by the NCARB and American Society of Landscape architects and those standards are attached as appendices B and C of the rules. The rules also require the licensee as well as any consultants hired by the licensee to be qualified by education, training and experience in the specific technical areas involved when performing professional services. The rules provide that a licensee in a position of public trust may not use his position to influence public employees or the general public or to use confidential information gained through that position for personal or professional gain. The rules require a licensee to prefer the public's interest, the client's interest and the licensee's interest, in that order, when providing services. The rules change the dimensions of the seal required on documents approved by the licensee.
Chapter 10 of the rules, relating to organizational practice, has been repealed as duplicative of other provisions of the rules. Chapter 11 has been renumbered as chapter 10.
FINDINGS: There is a portion of the rules that is problematic. The issue involves the classification of applications for licensure as non public records. The Wyoming Public Records Act, W.S. 16-4-201 et seq. has no provision that would allow for the blanket denial of public access to records of application for licensure. W.S. 16-4-203(d)(iii) provides for the protection of personnel files and specifically lists "applications" as being withheld from public inspection. But when read in context it appears an application for licensure is not a personnel file as the licensee is not employed by the board. In addition, the CLARB and NCARB records are required to be submitted as part of the application and are not personnel records and therefore would also likely be subject to inspection. See Connecticut v. Mayo, 236 A.2d 342 (Conn. Cir. Ct. 1967) (holding that documents offered in support of an application for a building permit were subject to inspection because the application itself was a public record). Employment statements likely would not be public records as they are reflective of the licensee's personnel file with the licensee's employer and thus are appropriately withheld as provided by the rules. See W.S. 16-4-203(d)(iv).
Otherwise, the rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the Council recommend the Governor use his line item veto to address the issue raised or in the alternative veto the adopted rules and require the agency to repromulgate the rules to address the issue raised.
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Lynda Cook
Staff Attorney
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David K. Gruver
Assistant Director
LGC/