GENERAL GOVERNMENT
CABINET
Kentucky Board of
Architects
(Amendment)
201 KAR 19:035. Qualifications for
examination and licensure.
RELATES TO: KRS 323.050(2), (3), 323.060,
323.120(1)(a)-(i)
STATUTORY AUTHORITY: KRS 323.210(1)(b),
(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
323.050(2) allows the board to prescribe the experience requirements for
licensure. KRS 323.210(1)(b) and (2) require the board to promulgate
administrative regulations governing the contents and conduct of examinations,
the method and time for filing applications, and the time within which an
applicant shall be examined after his application has been filed. This
administrative regulation establishes the prerequisites for taking the
examination and obtaining a license.
Section 1. Eligibility to Take the Architect
Registration Examination (ARE)[State Board Examination]. A person
who possesses the qualifications prescribed in KRS 323.050, and this
administrative regulation, shall be eligible to take the examination.
Section 2. General Requirements. (1)(a)
The board shall verify the good moral character of an applicant for examination
with employers and registered architects who have knowledge of the
applicant’s[his] moral character.
(b) An applicant shall not be considered
to be of good moral character if the applicant[he] has:
1. Committed an act specified in KRS
323.120(1)(a) through (i);
2. Chronic alcoholism, persistent drug
abuse, or an act of behavior that would, if the applicant were licensed,
jeopardize or impair the applicant’s[his] judgment to meet
professional responsibility as an architect to the public welfare and safety;
or
3. Violated a provision of KRS Chapter
323 or a board administrative regulation either before or after admission to
the examination.
(c) If an applicant has violated the
registration laws of another jurisdiction, the board shall determine whether
the violation adversely affected the moral character of the applicant.
(2) To be eligible for examination, an
applicant shall submit to the board college transcripts and verification from the
National Council of Architectural Registration Boards (NCARB)[employers
and architects] that the applicant has:
(a) Met the requirements of KRS 323.050[and
323.060] and this administrative regulation;[and]
(b) Enrolled in NCARB’s[Had
well diversified and satisfactory training in architectural practice as
evidenced by completion of the first year of the] Intern Development
Program specified in Section 4 of this administrative regulation by
establishing an NCARB record; and
(c) Enrolled and is eligible as an
applicant with this board to take the ARE.
(3) The documentation required by
subsection (2) of this section shall be verified, compiled, and transmitted in
bound record form by the NCARB[National Council of Architectural Registration
Boards].
Section 3. Education Requirements.[(1)]
An applicant who has met the requirements of Section 2 of this administrative
regulation shall hold a degree in architecture from a degree program that has
been accredited by the National Architectural Accrediting Board not later than
two (2) years after termination of enrollment.
Section 4. Training Requirements for
Licensure. (1) An applicant who has passed the examination shall have successfully
completed [satisfied] the Intern Development Program training
requirements as provided by NCARB Intern Development Program Guidelines[Chapter
1, Section 3 of the National Council of Architectural Registration Boards "Handbook
for Interns and Architects"] prior to final application for licensure.
(2) The documentation required by
subsection (1) of this section shall be verified, compiled, and transmitted in
bound record form by the NCARB[National Council of Architectural
Registration Boards].
Section 5. Incorporation by Reference.
(1) "Intern Development Program Guidelines", 2015 Edition["Handbook
for Interns and Architects", 2008-2009 Edition], National Council of
Architectural Registration Boards[Board], is incorporated by
reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky Board
of Architects, 155 East Main Street, Suite 300, Lexington, Kentucky 40507,
Monday through Friday, 8 a.m. to 4:00[4:30] p.m.
TIMOTHY A. MURPHY, President
APPROVED BY AGENCY: September 29, 2015
FILED WITH LRC: October 14, 2015 at 2
p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD:
A public hearing on this administrative regulation shall be held on November
24, 2015, at 1:30 p.m., in the office of the Kentucky Board of Architects; 155
East Main Street, Suite 300, Lexington, Kentucky 40507 (859) 246-2069. Individuals
interested in attending this hearing shall notify the agency in writing by five
workdays prior to the hearing of their intent to attend. If no notification of
intent to attend the hearing is received by that date, the hearing may be
canceled. This hearing is open to the public. Any person who attends will be
given an opportunity to comment on the proposed administrative regulation. A
transcript of the public hearing will not be made unless a written request for
a transcript is made. If you do not wish to attend the public hearing, you may
submit written comments on the proposed administrative regulation. Written
comments shall be accepted until the end of the calendar day (11:59 p.m.) on November
30, 2015. Send written notification of intent to attend the public hearing or
submit written comments on the proposed administrative regulation to:
CONTACT PERSON: T. Rexford Cecil,
Executive Director, Kentucky Board of Architects, 155 East Main Street,
Lexington, Kentucky 40507, phone (859) 246-2069, fax (859) 246-2431.
REGULATORY IMPACT
ANALYSIS AND TIERING STATEMENT
Contact person: T. Rexford Cecil
(1) Provide a brief summary of
(a) What this administrative regulation
does: This administrative regulation establishes the prerequisites for
taking the examination and obtaining a license.
(b) The necessity of this administrative
regulation: The statutes require the board to promulgate regulations governing
the contents and conduct of examinations, the method and time for filing
applications, and the time within which an applicant shall be examined after
his application has been filed.
(c) How this administrative regulation
conforms to the content of the authorizing statutes: KRS 323.050(2) allows the
board to prescribe the experience requirements for licensure. KRS 323.210(1)(b)
and (2) require the board to promulgate administrative regulations governing
the contents and conduct of examinations, the method and time for filing
applications, and the time within which an applicant shall be examined after
his application has been filed.
(d) How this administrative regulation
will assist in the effective administration of the statutes: This
administrative regulation will assist by clarifying and establishing the
qualifications for examination and licensure.
(2) If this is an amendment to an
existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this
existing administrative regulation: This amendment incorporates the current Intern
Development Program of the National Council of Architectural Registration
Boards (NCARB) as approved jurisdictional members of NCARB, of which Kentucky
is one, in order to provide uniformity and relevance to experience qualifications
of the candidates for licensure.
(b) The necessity of the amendment to
this administrative regulation: This amendment clarifies the requirements for
examination and licensure.
(c) How the amendment conforms to the
content of the authorizing statutes: The amended regulation clearly specifies
that applicants must be eligible to take the Architect Registration Exam, be enrolled
in the National Council of Architectural Registration Boards Intern Development
Program, and meet the requirements of KRS 323.050.
(d) How the amendment will assist in the
effective administration of the statutes: The amended regulation clearly
specifies all requirements for licensure and examination.
(3) List the type and number of
individuals, businesses, organizations, or state and local governments affected
by this administrative regulation: There are approximately 2,500 persons
licensed by the board, the number of applicants varies from year to year.
(4) Provide an analysis of how the
entities identified in question (3) will be impacted by either the
implementation of this administrative regulation, if new, or by the change, if
it is an amendment, including:
(a) List the actions that each of the
regulated entities identified in question (3) will have to take to comply with
this administrative regulation or amendment: Applicants must be eligible to
take the Architect Registration Exam, enrolled in the National Council of
Architectural Registration Boards Intern Development Program, and meet the
requirements of KRS 323.050.
(b) In complying with this administrative
regulation or amendment, how much will it cost each of the entities identified
in question (3): There are no additional costs for complying with the
amendment.
(c) As a result of compliance, what
benefits will accrue to the entities identified in question (3): The applicants
will have to qualify and meet the requirements of this regulation as set forth
in KRS 323.050 and provide uniformity and relevance to experience
qualifications of the candidates for licensure with 53 other related regulatory
boards in the United States.
(5) Provide an estimate of how much it
will cost to implement this administrative regulation:
(a) Initially: No new costs will be
incurred by the changes.
(b) On a continuing basis: No new costs
will be incurred by the changes.
(6) What is the source of the funding to
be used for the implementation and enforcement of this administrative
regulation: The board’s operations are funded by fees paid by licensees.
(7) Provide an assessment of whether an
increase in fees or funding will be necessary to implement this administrative
regulation, if new, or by the change if it is an amendment: No increase in fees
or funding will be required to implement the changes made by this regulation.
(8) State whether or not this
administrative regulation establishes any fees or directly or indirectly
increases any fees: This administrative regulation does not establish fees or
directly or indirectly increase any fees.
(9) TIERING: Is tiering applied? No
tiering is applied, all applicants are treated equally.
FISCAL NOTE ON STATE OR
LOCAL GOVERNMENT
1. What units, parts or divisions of
state or local government (including cities, counties, fire departments, or
school districts) will be impacted by this administrative regulation? Kentucky
Board of Architects
2. Identify each state or federal statute
or federal regulation that requires or authorizes the action taken by the
administrative regulation: KRS 323.050(2), (3), 323.060, 323.120(1)(a)-(i), and
KRS 323.210(1)(b), (2).
3. Estimate the effect of this
administrative regulation on the expenditures and revenues of a state or local
government agency (including cities, counties, fire departments, or school
districts) for the first full year the administrative regulation is to be in
effect. None
(a) How much revenue will this
administrative regulation generate for the state or local government (including
cities, counties, fire departments, or school districts) for the first year?
None
(b) How much revenue will this
administrative regulation generate for the state or local government (including
cities, counties, fire departments, or school districts) for subsequent years?
None
(c) How much will it cost to administer
this program for the first year? None
(d) How much will it cost to administer
this program for subsequent years? None
Note: If specific dollar estimates cannot
be determined, provide a brief narrative to explain the fiscal impact of the
administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
