201 KAR 19:035. Qualifications for examination and licensure

Link to law: http://www.lrc.ky.gov/kar/201/019/035reg.htm
Published: 2015

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:
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