Brief Description: The State Board of Registration for Architects, Engineers, and Land Surveyors proposes to update various regulations relating to applications, registration by comity, exam postponements, application deadlines, education and work experience requirements, eligibility, verification, dates of experience, standards, examination, course requirements, retired status, seal requirements, and definitions. 

The State Board of Registration for Architects, Engineers, and Land Surveyors (Board) proposes to adopt regulation changes in Title 12, Chapter 36 of the Alaska Administrative Code including the following:

1. 12 AAC 36.010. Applications, is proposed to amend the application process and to add board discretion to delegate authority to the executive secretary or a person designated by the board to approve application for registration by comity.
2. 12 AAC 36.045. Postponements, is proposed to remove the LARE postponement deadline, as CLARB regulates the admission of the LARE; to clarify that the board does not grant postponements for the LAREs.
3. 12 AAC 36.050. Application deadlines, is proposed to remove redundant regulations.
4. 12 AAC 36.061. Architect education requirements, is proposed to eliminate the requirement for NCARB Council Certification for exam applicants, as an exam applicant can only have an NCARB record.
5. 12 AAC 36.063. Engineering education and work experience requirements, is proposed to update the education and work experience requirements for engineering; clarification on the mentoring program and allow for videoconference meeting.
6. 12 AAC 36.065. Eligibility for professional land surveyor examination, is proposed to update and remove outdated education and work experience requirements for land surveyors.
7. 12 AAC 36.066. Verification of land surveyor work experience, is proposed to amend the process for verification of work experience for land surveyors.
8. 12 AAC 36.067. Dates of experience, is proposed to remove computation of experience for architects as NCARB tracks their experience; clarifies the projecting of experience up to the date of the exam for applicants other than architects and landscape architects.
9. 12 AAC 36.068. Eligibility for landscape architect registration by examination, is proposed to amend the application process for landscape architect registration by examination; remove outdated regulations.
10. 12 AAC 36.069. Standards for registration as a landscape architect, is proposed to amend and update the standards for registration as a landscape architect.
11. 12 AAC 36.070. Postponements, is relocated to 12 AAC 36.045.
12. 12 AAC 36.080. Authorization to take examination, update authority citation.
13. 12 AAC 36.100. Required examinations, is proposed to amend the section heading title, and add the NCEES fundamentals of surveying exam as a requirement.
14. 12 AAC 36.103. Architect registration by comity, is proposed to add board discretion to delegate authority to the executive secretary or a person designated by the board to issue a certificate of registration by comity; change arctic engineering to northern design, and update terms used.
15. 12 AAC 36.105. Engineer registration by comity, is proposed to add board discretion to delegate authority to the executive secretary or a person designated by the board to issue a certificate of registration by comity; allow for more qualifying exams to meet the requirement to apply for structural engineer by comity.
16. 12 AAC 36.106. Registration in additional branches of engineering, is proposed to repeal outdated regulations.
17. 12 AAC 36.107. Land surveyor registration by comity, is proposed to update outdated regulations.
18. 12 AAC 36.108, Application for registration as a structural engineer, is proposed to repeal outdated regulations.
19. 12 AAC 36.109, Landscape architect registration by comity, is proposed to amend the application process for landscape architecture certificate of registration by comity.
20. 12 AAC 36.110, Northern design requirement, is proposed to change the name of the “arctic engineering” course requirement to “northern design”, to incorporate the broader range of acceptable courses.
21. 12 AAC 36.115, Retired status registration, is proposed to amend the provisions related to retired status registration.
22. 12 AAC 36.135, Review of application for corporate, limited liability company, or limited liability partnership authorization, is proposed to allow more flexibility in the way firms can submit required documentation.
23. 12 AAC 36.180. Seal, is proposed to amend the seal requirements; clarify how the license number needs to be represented on the licensee’s stamps.
24. 12 AAC 36.990, Definitions, is proposed to further define terms used in AS 08.48 and 12 AAC 36; remove obsolete definitions.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/206951, and using the comment link. The comments must be received not later than 4:30 p.m. on July 8, 2022. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofArchitectsEngineersandLandSurveyors.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than July 1, 2022 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/AELS-0522.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.

Statutory Authority: AS 08.01.050; AS 08.48.101; AS 08.48.171; AS 08.48.181; AS 08.48.191; AS 08.48.201; AS 08.48.215; AS 08.48.221; AS 08.48.241; AS 08.48.331
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.050; AS 08.48.101; AS 08.48.171; AS 08.48.181; AS 08.48.191; AS 08.48.201; AS 08.48.215; AS 08.48.221; AS 08.48.241; AS 08.48.331

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: 6/1/2022
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency: State Board of Registration for Architects, Engineers, and Land Surveyors – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation: Applications, registration by comity, exam postponements, application deadlines, education and work experience requirements, eligibility, verification, dates of experience, standards, examination, course requirements, retired status, seal requirements, and definitions.

3.   Citation of regulation: 12 AAC 36.010 through 12 AAC 36.990.

4.   Department of Law file number: To be assigned.

5.   Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.

6.   Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
     A private person: None known.
         Another state agency: None known.
         A municipality: None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):  No costs are expected in FY 2022 or in subsequent years.

9.   The name of the contact person for the regulation:
     Sara Neal, Executive Administrator
        State Board of Registration for Architects, Engineers, and Land Surveyors
         Division of Corporations, Business and Professional Licensing
        Department of Commerce, Community, and Economic Development
        Telephone: (907) 465-2540
         E-mail: sara.neal@alaska.gov

10.   The origin of the proposed action: State Board of Registration for Architects, Engineers, and Land Surveyors.

11.   Date: 6/1/2022
        Prepared by: Jun Maiquis
                            Regulations Specialist