Kentucky State Board of Licensure for Professional Engineers and Land Surveyors
(Amendment)
RELATES TO: KRS 322.060, 322.090, 322.100, 322.110, 322.120, 322.160, 322.170
STATUTORY AUTHORITY: KRS 322.090, 322.100, 322.110, 322.120, 322.290(4), 322.290(10)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 322.100 requires the board to establish fees for licensure. This administrative regulation establishes fees for examination, licensure, reinstatement, reissuance, and renewal.
Section
1. Examination Fees.[(1)] The fees for taking the Principles and
Practice of Engineering Examination, the Principles and Practice of Land
Surveying Examination, the Fundamentals of Engineering Examination, and the
Fundamentals of Land Surveying Examination shall be the actual amounts charged
by the National Council of Examiners for Engineering and Surveying.[(2) The
board shall reimburse examination fees for qualifying individuals as established
in this subsection. To qualify for reimbursement, an applicant shall:
(a)1.
Successfully complete with a passing score, an examination listed in subsection
(1) of this section;
2.a.
Be an active member of the Armed Forces of the United States whose military
official home of record was Kentucky on the date the examination was taken; or
b.
Be a veteran of the Armed Forces of the United States whose residence for
income tax purposes was Kentucky on the date the examination was taken; and
3.
Apply for reimbursement in writing to the board within one (1) year following
the date the examination was taken, and include proof of:
a.
Passing the examination;
b.
Service in the Armed Forces of the United States; and
c.
Kentucky being either the applicant's military official home of record or the
applicant's residence for income tax purposes, on the date the examination was
taken; or
(b)1.
Successfully complete with a passing score, the Fundamentals of Engineering
Examination or the Fundamentals of Surveying Examination for a student
currently enrolled in a Kentucky university or college on the date the
examination was taken; and
2.
Apply for reimbursement in writing to the board within one (1) year following
the date the examination was taken, and include proof of:
a.
Passing the examination; and
b.
Enrollment in a Kentucky university or college on the date the examination was
taken.]
Section 2. Endorsement, Renewal, Reinstatement, and Reissuance. (1) Renewal of an individual license shall be $150 or shall be twenty (20) dollars for retired or inactive status.
(a) Each licensee whose surname begins with the letters A through K shall renew in odd-numbered years.
(b) Each licensee whose surname begins with the letters L through Z shall renew in even-numbered years.
(2) (a) The fee for reinstatement of an expired license or business entity permit that has been expired for less than one (1) year shall be calculated as provided by KRS 322.160(3).
(b) If the license or business entity permit has been expired for more than one (1) year, the former licensee or business entity shall file an application for reinstatement and pay a fee of $500.
(3) Reissuance of a license after loss or destruction shall be twenty-five (25) dollars.
(4) The fee for licensure by endorsement as a professional engineer or professional land surveyor shall be $300. The fee shall accompany the application for licensure, which is incorporated by reference in 201 KAR 18:020.
(5) An applicant who fails the two (2) hour state specific examination on the first attempt shall be charged fifty (50) dollars for each subsequent attempt.
Section
3. Fees for Examination[and Licensure] in Additional Disciplines. (1)
After initial licensure, a licensee may apply for examination in one (1) or
more disciplines of engineering for which examinations are available[he
has not been licensed].
(2)
For each additional examination an applicant[discipline of engineering
he] shall submit an:
(a) Updated application, which is incorporated by reference in 201 KAR 18:020; and
(b) Examination fee as established in this administrative regulation.
Section 4. Business Entities. (1) The fee for a permit to practice engineering or land surveying in this state shall be $100 for either permit.
(2) A business entity that applies for a dual permit shall submit $150.
(3) These fees shall accompany the application.
(4) The annual renewal fee for an individual permit shall be $100.
(5) The annual renewal fee for a dual permit shall be $150.
Section 5. Payment of Fees. (1) (a) Fees payable pursuant to Sections 2 and 4 of this administrative regulation shall be paid by check or money order made payable to "Kentucky Board of Licensure" or by major credit card.
(b) Fees payable pursuant to Section 1 of this administrative regulation shall be paid directly to the examination service.
(2) All fees shall be nonrefundable.
B. DAVID COX, Executive Director
APPROVED BY AGENCY: May 3, 2013
FILED WITH LRC: May 6, 2013 at 3 p.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 21, 2013 at 1:30 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 until July 1, 2013. 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 fees for examination, licensure, reinstatement, verification, reissuance, and renewal.
(b) The necessity of this administrative regulation: KRS 322.100 requires the board to establish license fees.
(c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation contains all fee amounts.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation sets all fees so that the board can charge the appropriate amount for each item.
(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 deletes the provision for the reimbursement of exam fees. Additionally, this amendment clarifies requirements for payment of fees charged for applications for examinations in additional disciplines of engineering.
(b) The necessity of the amendment to this administrative regulation: Current budgetary considerations necessitate the board to restrict expenditures and the provision for reimbursement of exam fees was not required by statute, and represents an expenditure that in this economic reality is one this agency cannot afford. This amendment also corrects language to reflect that while exams are available for various disciplines of engineering, this board does not license engineers by specific discipline.
(c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to KRS 322.100 since that statute gives the board the authority to set license fees.
(d) How the amendment will assist in the effective administration of the statutes: This amendment will provide clarity to the issues of fees for examinations, and by elimination of a substantial non-statutory financial obligation, assist the board in maintaining sufficient funds to meet its statutory obligations.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The elimination of the reimbursement obligation could, in any given year, potentially affect approximately ten present or former members of the Armed Services of the United States, and approximately 300 students, as well as the board itself in making reimbursements to those individuals.
(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: No additional actions will be required of either the licensees 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): This amendment will result in clarity of application of the regulation and by eliminating an expenditure, allow the board to apply its funds to meet the basic obligations mandated by statute.
(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 322.090, KRS 322.100, KRS 322.110, KRS 322.120, KRS 322.290(4), and KRS 322.290(10)
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 will be no additional revenue or expenditure to any agency as a result of this amendment.
(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? There will be no additional cost involved in administering this program for the first year.
(d) How much will it cost to administer this program for subsequent years? There will be no additional cost involved in administering this program for the subsequent years.
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.