GENERAL GOVERNMENT CABINET

State Board of Licensure for Professional Engineers

and Land Surveyors

(Amendment)

 

201 KAR 18:020. Application forms.

 

RELATES TO: KRS 322.040, 322.045, 322.050, 322.070, 322.080, 322.090, 322.120, 322.300

STATUTORY AUTHORITY: KRS 322.070, 322.090, 322.290

NECESSITY, FUNCTION, AND CONFORMITY: KRS 322.070 authorizes the board to require the use of forms in the application process and for the applicant to furnish proof of meeting educational requirements. KRS 322.090 requires an applicant who has failed the examination three (3) or more times to furnish proof of further study. KRS 322.290(4) authorizes the board to promulgate administrative regulations for the proper performance of its duties. This administrative regulation establishes requirements for forms, transcripts, and additional study.

 

Section 1. Application Forms. (1)(a)1. An application by any of the four (4) classes of applicants, including a professional engineer, a professional land surveyor, an engineer-in-training, or a land surveyor-in-training, shall be made on the following forms issued by the board:

a. Combined Application to take the Principles & Practice of Engineering Examination And For Licensure as a Professional Engineer;

b. Application for Licensure to Practice Professional Land Surveying;

c. Application For Licensure as a Professional Engineer (PE) or Land Surveyor (PLS) By Endorsement;

d. Application for Business Entity Permit PE or LS;

e. Application For Land Surveyor-In-Training (LSIT) Certification;[or]

f. Application For Engineer-In-Training (EIT) Certification; or

g. Application for Initial Licensure as a Professional Engineer (PE) or Land Surveyor (PLS).

2. Upon the applicant's completion of an application required by subparagraph 1. of this paragraph, the following forms shall be submitted if applicable:

a. Request for Confidential Information PE;

b. Personal Reference PE;

c. Report of Professional Experience PLS;

d. Personal Reference PLS;

e. Personal Reference LSIT;

f. Professional Reference for Reinstatement PE Applicant;

g. Professional Reference for Reinstatement PLS Applicant;

h. Engineering Affidavit;

i. Surveying Affidavit; or

j. Employment Verification PE Reinstatement.

(b) An applicant may attach additional sheets to the form if necessary for other evidence, but any attached sheets shall conform to the same size as the printed forms listed under this subsection and shall be securely attached.

(c) The board may require clarification or expansion of any of the information on the application required under this subsection in order to evaluate fully an applicant's qualifications.

(2) If the board requires a transcript in order to evaluate the qualifying education for licensure or certification, the applicant shall cause the required transcript to be sent directly from the educational institution to the board.

(3) If an applicant fails the same examination three (3) or more times, the applicant shall submit a new application required under subsection (1)(a)1. of this section and shall include evidence satisfactory to the board that the applicant has completed additional coursework. The requirement for this additional coursework shall be satisfied by completion of any of the following:

(a) Examination review courses;

(b) College courses; or

(c) Continuing education courses.

 

Section 2. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Combined Application to take the Principles & Practice of Engineering Examination And For Licensure as a Professional Engineer", ed. 11/2013;

(b) "Request for Confidential Information - PE", ed. 10/03;

(c) "Personal Reference - PE", ed. 1/07;

(d) "Application for Licensure to Practice Professional Land Surveying", ed. 7/1/05;

(e) "Report of Professional Experience - PLS", ed. 8/1/02;

(f) "Personal Reference - PLS", ed. 1/04;

(g) "Personal Reference - LSIT", ed. 1/04;

(h) "Professional Reference for Reinstatement - PE Applicant", ed. 1/07;

(i) "Professional Reference for Reinstatement - PLS Applicant", ed. 1/07;

(j) "Engineering Affidavit", ed. 1/07;

(k) "Surveying Affidavit", ed. 1/07;

(l) "Employment Verification - PE Reinstatement", ed. 1/07;

(m) "Application For Licensure as a Professional Engineer (PE) or Land Surveyor (PLS) By Endorsement", ed. 11/2013;

(n) "Application for Business Entity Permit - PE or LS", ed. 1/07;

(o) "Application For Land Surveyor-In-Training (LSIT) Certification", ed. 11/2013;[and]

(p) "Application For Engineer-In-Training (EIT) Certification", ed. 11/2013; and

(q) "Application for Initial Licensure as a Professional Engineer (PE) or Land Surveyor (PLS)", ed. 6/2016.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

B. DAVID COX, Executive Director

APPROVED BY AGENCY: April 12, 2016

FILED WITH LRC: April 12, 2016 at noon

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 23, 2016 at 2:30 p.m., local time, at 160 Democrat Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing of their intent to attend no later than five workdays prior to the date of the hearing. If no written notification of an individual's intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. If the public hearing is held, any person who wishes to be heard 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, in which case the person requesting the transcript shall have the responsibility of paying for same. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through May 31, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON: Jonathan Buckley, General Counsel, Kentucky State Board of Licensure for Professional Engineers and Land Surveyors, 160 Democrat Drive, Frankfort, Kentucky 40601, phone (502) 573-2680, fax (502) 573-6687.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Jonathan Buckley

(1) Provide a brief summary of:

(a) What this administrative regulation does: This regulation establishes the application forms and related materials for licensure.

(b) The necessity of this administrative regulation: KRS 322.070 provides that applications for professional engineer or professional land surveyor licenses shall be on forms prescribed and furnished by the board.

(c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation prescribes the forms necessary for applications for licensure as a professional engineer or land surveyor and certification as a LSIT or EIT.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation prescribes the forms the board will use in evaluating candidates for examination, licensure, and certification.

(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: Application requirements for licensure as a professional engineer or surveyor, while varying to some degree from state to state, often request much of the same information. To facilitate the licensing of professional engineers and surveyors in multiple states, the National Council of Examiners for Engineers and Surveyors (NCEES), the national nonprofit organization created to advance professional licensure for engineers and surveyors, has created a records repository where an individual applicant can maintain a document file that contains the documents commonly requested by the various states on their respective applications for licensure as a professional engineer or land surveyor. If someone applies for initial licensure in Kentucky he or she need not duplicate information on the application, to the extent that information already exists in the NCEES record. The proposed amendment adds an application form for initial licensure that reduces the information requested on the form, for those individuals who are applying for initial licensure and who have requested that the NCEES forward a copy of their NCEES file to our agency. The form refines and simplifies what information the board requires from the applicants who are applying for initial licensure as a professional engineer or land surveyor, and who have requested the NCEES forward a copy of their NCEES record to the Board, to enable the board to evaluate the applicants' compliance with the minimum requirements for licensure as either a PE, or PLS, as appropriate.

(b) The necessity of the amendment to this administrative regulation: The proposed amendment is necessary to clarify what reduced information the applicants for licensure as either a PE, or PLS, who have supplied the Board with a copy of their current NCEES record, need to furnish to the board to enable the board to evaluate the applicants' compliance with the minimum requirements for initial licensure.

(c) How the amendment conforms to the content of the authorizing statutes: The regulation prescribes the forms necessary for licensure or certification in compliance with the requirements of KRS 322.070.

(d) How the amendment will assist in the effective administration of the statutes: The proposed amendment will provide the information necessary for the board to evaluate the qualifications of those applicants for initial licensure as a PE, or PLS, who have provided a copy to the board of their NCEES record.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This proposed regulation will not affect businesses, organizations, or state and local governments. It will affect only those individuals seeking initial licensure as a professional engineer or surveyor, if those same individuals have had the NCEES transmit to the board, a copy of their NCEES record.

(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) A detailed explanation of 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 for initial licensure as a professional engineer or surveyor, who have had the NCEES transmit to the board, a copy of their NCEES record, will not be required to duplicate the information otherwise found in the NCEES record, thereby simplifying the process while at the same time, reducing the time and expense of applying for initial licensure. The board will continue to evaluate the applications for initial licensure submitted by applicants for licensure as a PE or PLS. No additional actions will be required of either the applicants or the board.

(b) An estimate of the costs imposed on entities identified in question (3) in complying with this administrative regulation or amendment: There is no additional cost associated with this amendment.

(c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Applicants for initial licensure as a professional engineer or land surveyor, who have had the NCEES transmit to the board, a copy of their NCEES record, will not be required to duplicate the information otherwise found in the NCEES record, thereby simplifying the process while at the same time, reducing the time and expense of applying for initial licensure. The board will continue to evaluate the applications for initial licensure submitted by applicants for licensure as a PE or PLS, but the process should be expedited. The board's evaluation of applications for initial licensure as a PE or PLS will be facilitated by this amendment by providing appropriate information to the board, and the applicants will benefit by supplying appropriate information to the board in a timely manner.

(5) Provide an estimate of how much it will cost to implement this administrative regulation:

(a) Initially: $0

(b) On a continuing basis: $0

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Restricted Agency Funds. The board receives no general or federal funds.

(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 funding will be necessary.

(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: No fees are established or increased as a result of this regulation.

(9) TIERING: Is tiering applied? Tiering was not used because this regulation should not disproportionately affect any particular group of people.

 

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? The Kentucky State Board of Licensure for Professional Engineers and Land Surveyors

2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 322.070, 322.120

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. There are no revenue or expenditure effects for any government agency.

(a) How much revenue will this administrative regulation generate for the state or local government agency (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 agency (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? $0

(d) How much will it cost to administer this program for subsequent years? $0

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: There is no additional cost or revenue generated by this amendment.