Title 201 | Chapter 019 | Regulation 087
PREVIOUS VERSION
The previous document that this document is based upon is available.
201 KAR 19:087.Continuing education.
Section 1.
Definitions.(1)
"Continuing education" or "CE" means post-licensure learning that enables a licensed architect to increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture to safeguard the public's health, safety, and welfare.(2)
"Continuing education hour" or "CEH" means a:(a)
Unit equal to sixty (60) minutes clock time for the taking of an examination; or(b)
Customary time of completion prescribed by an examination vendor, if the board finds the time to be reasonable.(3)
"Health, safety, and welfare subjects" means technical and professional subjects that the board finds appropriate to safeguard the public and that are within the following enumerated areas necessary for the proper evaluation, design, construction, and utilization of buildings and the built environment:(a)
Building Systems: Structural, Mechanical, Electrical, Plumbing, Communications, Security, Fire Protection;(b)
Construction Contract Administration: Contracts, Bidding, Contract Negotiations;(c)
Construction Documents: Drawings, Specifications, Delivery Methods;(d)
Design: Urban Planning, Master Planning, Building Design, Site Design, Interiors, Safety and Security Measures;(e)
Environmental: Energy Efficiency, Sustainability, Natural Resources, Natural Hazards, Hazardous Materials, Weatherproofing, Insulation;(f)
Legal: Laws, Codes, Zoning, Regulations, Standards, Life Safety, Accessibility, Ethics, Insurance to protect Owners and Public;(g)
Materials and Methods: Construction Systems, Products, Finishes, Furnishings, Equipment;(h)
Occupant Comfort: Air Quality, Lighting, Acoustics, Ergonomics;(i)
Pre-Design: Land Use Analysis, Programming, Site Selection, Site and Soils Analysis, Surveying; or(j)
Preservation: Historic, Reuse, Adaptation.(4)
"Relevant topic" means an area which is particularly focused on the health, safety, and welfare of the public utilizing structured educational activities intended to increase or update the architect's knowledge and competence in health, safety, and welfare subjects.(5)
"Structured educational activities" means educational activities in which at least seventy-five (75) percent of an activity's content and instructional time is devoted to health, safety, and welfare subjects related to the practice of architecture, including courses of study or other activities under the areas identified as health, safety, and welfare subjects and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning methods.Section 2.
Purpose. The purpose of this continuing education program is to ensure that all licensed architects remain informed on technical and professional subjects that the board finds appropriate to safeguard life, health, property, and welfare of the public.Section 3.
Scope and Exemptions.(1)
To annually renew a license, an architect licensed in Kentucky shall comply with this administrative regulation unless the licensee is exempted by one (1) of the following reasons:(a)
The licensee is exempted as a first-time registrant by:1.
Examination; or2.
Reciprocity;(b)
The licensee has applied for or is renewing as an architect emeritus who:1.
Is at least sixty-five (65) years old;2.
Has requested architect emeritus status at the beginning of the license renewal period; and3.
Has retired from practice in all jurisdictions and is not conducting an active practice in any jurisdiction;(c)
The licensee is a civilian who serves on active duty in the United States Armed Forces for a period of time exceeding ninety (90) consecutive days during the annual report period; or(d)
The licensee is a registrant of another National Council of Architectural Registration Boards' (NCARB) jurisdiction that has a required continuing education program, if:1.
It accepts Kentucky requirements to satisfy its continuing education requirements; and2.
The licensee certifies that all requirements for current continuing education compliance and registration have been met in that jurisdiction.(2)
A hardship case may be considered by the board.Section 4.
Requirements.(1)
A licensed Kentucky architect shall:(a)
Obtain a total of at least twelve (12) CEHs per year; and(b)
Report these credits as a condition for license renewal.(2)
Beginning with calendar year 2017, the continuing education requirement of subsection (1) of this section shall be satisfied during the period beginning January 1 and ending December 31 of the previous calendar year.(3)
CEHs shall not be carried over into the next reporting period for credit.(4)
A minimum of twelve (12) CEHs shall consist of structured educational activities on relevant topics addressing health, safety, and welfare subjects as referenced in Section 1(3) of this administrative regulation.Section 5.
Reporting and Recordkeeping.(1)
The following shall be submitted by an applicant for renewal of a license:(a)
A completed continuing education certification statement of compliance with the annual continuing education requirements portion of the completed Architect License Renewal Application;(b)
The completed Architect License Renewal Application or online renewal on the board's Web site at http://boa.ky.gov; and(c)
The renewal fee required by 201 KAR 19:255.(2)
The following shall be submitted by an applicant for the reinstatement of a license previously administratively revoked:(a)
A completed continuing education certification statement of compliance with the annual continuing education requirements portion of the completed and notarized Architect License Reinstatement-Restoration Application listing the completed courses for the number of credits required. A reinstatement of a license revoked for one (1) year or less shall require reporting twelve (12) CEHs minimum. A reinstatement of a license revoked for one (1) year or more shall require reporting twenty-four (24) CEHs minimum;(b)
The completed and notarized Architect License Reinstatement-Restoration Application;(c)
The reinstatement application fee plus the applicable annual renewal fee required by 201 KAR 19:255 for each year since the date of revocation; and(d)
A two (2) inch by two (2) inch or larger passport quality color photograph of the applicant affixed to the application.(3)
The following shall be submitted by an applicant for the restoration of a license previously voluntarily surrendered:(a)
A completed continuing education certification statement of compliance with the annual continuing education requirements portion of the completed and notarized Architect License Reinstatement-Restoration Application listing the completed courses for the number of credits required. The restoration of a license voluntarily surrendered for one (1) year or less shall require reporting twelve (12) CEHs minimum. The restoration of a license voluntarily surrendered for more than one (1) year shall require reporting twenty-four (24) CEHs minimum;(b)
The completed and notarized Architect License Reinstatement-Restoration Application;(c)
The applicable restoration application fee plus the current annual renewal fee required by 201 KAR 19:255; and(d)
A two (2) inch by two (2) inch or larger passport quality color photograph of the applicant affixed to the application.(4)
An incomplete submission shall be returned to the applicant.(5)
A random sample of annual reports of architect's continuing education certifications shall be audited to ensure accuracy and compliance. Any licensee audited shall submit a completed Architect Continuing Education Annual Report issued by the board with proof of continuing education activities attached.(6)
The licensee shall:(a)
Be responsible for retaining proof of participation in continuing education activities;(b)
Retain a record for continuing education for a period of five (5) years from the date of submission of the annual report to the board; and(c)
Furnish copies of continuing education records on the request of the board for audit purposes.(7)
Proof of participation in continuing education activities shall include:(a)
A log showing the:1.
Activity claimed;2.
Sponsoring organization;3.
Location; and4.
Duration; and(b)
One (1) of the following:1.
An attendance certificate;2.
A signed attendance receipt;3.
A paid receipt;4.
A proof of participation document signed by a person in charge of the activity; or5.
Other documentation accepted at the discretion of the Board.(8)
Disallowances. If continuing education credit is disallowed, the licensee shall have thirty (30) calendar days after notification to:(a)
Substantiate the original claim; or(b)
Earn other continuing education credit to meet the minimum requirements.Section 6.
Noncompliance and Sanctions.(1)
Failure to fulfill the continuing education requirements, file the required Architect License Renewal Application or the Architect License Reinstatement-Restoration Application, properly completed and signed, or file the Architect Continuing Education Annual Report as required by an audit, properly completed and signed, shall result in the board imposing any combination of the following sanctions:(a)
Nonrenewal;(b)
Denial of reinstatement or restoration;(c)
Probation; or(d)
Suspension of the license and the issuance of a reprimand.(2)
A licensee found to be deficient on CEHs following a continuing education audit shall be fined a civil penalty of $250 for the first deficient CEH and fifty (50) dollars for each deficient CEH thereafter.Section 7.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Architect Continuing Education Annual Report", 2015;(b)
"Architect License Renewal Application", 2020; and(c)
"Architect License Reinstatement-Restoration Application", December 2016.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Board of Architects, 155 East Main Street, Suite 300, Lexington, Kentucky 40507, Monday through Friday, 8 a.m. to 4:00 p.m., or on the board's Web site at https://boa.ky.gov/Pages/default.aspx.HISTORY: (24 Ky.R. 2241; Am. 2617; eff. 6-15-98; 35 Ky.R. 1841; 2411; eff. 6-5-2009; TAm 11-20-2012; 42 Ky.R. 1586; 2032; eff. 2-5-2016; 48 Ky.R. 3033; 49 Ky.R. 558; eff. 12-6-2022.)
STEPHANIE R MCCRERY, Board President
CORDELIA HARBUT, Executive Director
APPROVED BY AGENCY: May 3, 2022
FILED WITH LRC: May 5, 2022 at 2:30 p.m.
CONTACT PERSON: CONTACT PERSON: Cordelia Harbut, Executive Director, Kentucky Board of Architects, 155 East Main Street, Suite 300, Lexington, Kentucky 40507, phone (859) 246- 2069, fax (859) 246-2431, email boa.irc@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Cordelia Harbut
(1) Provide a brief summary of:
(a) What this administrative regulation does:
The administrative regulation institutes the Board’s requirements for continuing education, and outlines requirements for the licensing category of architect emeritus.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to define the specific requirements, exemptions, and sanctions for noncompliance, of continuing education, and to outline requirements for the licensing category of architect emeritus.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation is in conformity with KRS 323.210(3) that describes the function of the Board and the authority for promulgating appropriate administrative regulations requiring mandatory continuing education for licensed architects. As well as establishing the licensing category of architect emeritus and outlining the renewal and continuing education requirements for the architect emeritus license.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation ensures the Kentucky licensed architects remain informed and aware of current and changing technical and professional standards to safeguard the life, health, property, and welfare of the public. This administrative regulation also defines the requirements for licensees to qualify as an architect emeritus.
(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:
The amendment will update the process for reporting continuing education courses. Allowing the regulated entities greater flexibility in providing proof of participation in continuing education activities.
(b) The necessity of the amendment to this administrative regulation:
The amendment will improve efficiency in the Board’s review of continuing education compliance of the regulated entities.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statute allows the Board to promulgate all regulations pertaining to the requirement and ensuring compliance, of licensed architects participation in continuing education.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this regulation will provide an efficient review of the regulated entity’s continuing education compliance while maintaining the comprehensive evaluation of their submission.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Kentucky licensed architects, approximately 2,900 annually.
(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:
Each entity shall continue to obtain the following: 12 hours of continuing education during the period beginning January 1 and ending December 31 of each calendar year; hours shall be structured, and designated as Health, Safety, and Welfare, subjects; report their compliance with the regulation annually when renewing their Kentucky architect license. Each entity wishing to renew an architect emeritus license, shall meet age and employment status requirements. However, as amended, the regulated entities, will have greater flexibility in providing proof of participation in continuing education.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no direct cost to the entity however some 3rd parties do charge a fee for attendance.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The entities shall be better informed, and aware of current standards of practice to ensure the public’s health, safety, and welfare.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new cost will be incurred.
(b) On a continuing basis:
No new cost will be incurred.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Board is a self-supporting agency. It is funded entirely through fees assessed for regulating its profession.
(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 is required to implement 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?
Tiering was not appropriate as the regulation applies only to Kentucky licensed architects.
FISCAL NOTE
(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?
This administrative regulation impacts Kentucky licensed architects by outlining the requirements for continuing education, and architect emeritus licensees by outlining certain qualifications for the status.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 323.210(2), (3) authorizes the action taken by this administrative regulation.
(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.
This administrative regulation does not directly affect expenditures or revenues.
(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?
No revenue will be generated with this administrative regulation in the first year.
(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?
No revenue will be generated with this administrative regulation in subsequent years.
(c) How much will it cost to administer this program for the first year?
The administrative regulation does not result in additional cost the first year.
(d) How much will it cost to administer this program for subsequent years?
The administrative regulation does not result in additional cost for 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:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
This administrative regulation will not directly affect expenditures of the regulated entities.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not produce any cost savings of the regulated entities in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not produce any cost savings of the regulated entities at any time.
(c) How much will it cost the regulated entities for the first year?
The regulated entities have an option of taking free or paid third-party continuing education.
(d) How much will it cost the regulated entities for subsequent years?
The regulated entities have an option of taking free or paid third-party continuing education.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
Because the regulated entities reside throughout the United States and therefore take continuing education throughout the United States, it is not possible to determine the cost of the multitude of third-party continuing education classes taken.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact.
201 KAR 19:087.Continuing education.
Section 1.
Definitions.(1)
"Continuing education" or "CE" means post-licensure learning that enables a licensed architect to increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture to safeguard the public's health, safety, and welfare.(2)
"Continuing education hour" or "CEH" means a:(a)
Unit equal to sixty (60) minutes clock time for the taking of an examination; or(b)
Customary time of completion prescribed by an examination vendor, if the board finds the time to be reasonable.(3)
"Health, safety, and welfare subjects" means technical and professional subjects that the board finds appropriate to safeguard the public and that are within the following enumerated areas necessary for the proper evaluation, design, construction, and utilization of buildings and the built environment:(a)
Building Systems: Structural, Mechanical, Electrical, Plumbing, Communications, Security, Fire Protection;(b)
Construction Contract Administration: Contracts, Bidding, Contract Negotiations;(c)
Construction Documents: Drawings, Specifications, Delivery Methods;(d)
Design: Urban Planning, Master Planning, Building Design, Site Design, Interiors, Safety and Security Measures;(e)
Environmental: Energy Efficiency, Sustainability, Natural Resources, Natural Hazards, Hazardous Materials, Weatherproofing, Insulation;(f)
Legal: Laws, Codes, Zoning, Regulations, Standards, Life Safety, Accessibility, Ethics, Insurance to protect Owners and Public;(g)
Materials and Methods: Construction Systems, Products, Finishes, Furnishings, Equipment;(h)
Occupant Comfort: Air Quality, Lighting, Acoustics, Ergonomics;(i)
Pre-Design: Land Use Analysis, Programming, Site Selection, Site and Soils Analysis, Surveying; or(j)
Preservation: Historic, Reuse, Adaptation.(4)
"Relevant topic" means an area which is particularly focused on the health, safety, and welfare of the public utilizing structured educational activities intended to increase or update the architect's knowledge and competence in health, safety, and welfare subjects.(5)
"Structured educational activities" means educational activities in which at least seventy-five (75) percent of an activity's content and instructional time is devoted to health, safety, and welfare subjects related to the practice of architecture, including courses of study or other activities under the areas identified as health, safety, and welfare subjects and provided by qualified individuals or organizations, whether delivered by direct contact or distance learning methods.Section 2.
Purpose. The purpose of this continuing education program is to ensure that all licensed architects remain informed on technical and professional subjects that the board finds appropriate to safeguard life, health, property, and welfare of the public.Section 3.
Scope and Exemptions.(1)
To annually renew a license, an architect licensed in Kentucky shall comply with this administrative regulation unless the licensee is exempted by one (1) of the following reasons:(a)
The licensee is exempted as a first-time1.
Examination; or2.
Reciprocity;(b)
The licensee has applied for or is renewing as an architect emeritus who:1.
Is at least sixty-five (65) years old;2.
Has requested architect emeritus status at the beginning of the license renewal period; and3.
Has retired from practice in all jurisdictions and is not conducting an active practice in any jurisdiction;(c)
The licensee is a civilian who serves on active duty in the United States Armed Forces for a period of time exceeding ninety (90) consecutive days during the annual report period; or(d)
The licensee is a registrant of another National Council of Architectural Registration Boards' (NCARB) jurisdiction that has a required continuing education program, if:1.
It accepts Kentucky requirements to satisfy its continuing education requirements; and2.
The licensee certifies that all requirements for current continuing education compliance and registration have been met in that jurisdiction.(2)
A hardship case may be considered by the board.Section 4.
Requirements.(1)
A licensed Kentucky architect shall:(a)
Obtain a total of at least twelve (12) CEHs per year; and(b)
Report these credits as a condition for license renewal.(2)
Beginning with calendar year 2017, the continuing education requirement of subsection (1) of this section shall be satisfied during the period beginning January 1 and ending December 31 of the previous calendar year.(3)
CEHs shall not be carried over into the next reporting period for credit.(4)
A minimum of twelve (12) CEHs shall consist of structured educational activities on relevant topics addressing health, safety, and welfare subjects as referenced in Section 1(3) of this administrative regulation.Section 5.
Reporting and Recordkeeping.(1)
The following shall be submitted by an applicant for renewal of a license:(a)
A completed continuing education certification statement of compliance with the annual continuing education requirements portion of the completed Architect License Renewal Application;(b)
The completed Architect License Renewal Application or online renewal on the board's Web site at http://boa.ky.gov; and(c)
The renewal fee required by 201 KAR 19:255(2)
The following shall be submitted by an applicant for the reinstatement of a license previously administratively revoked:(a)
A completed continuing education certification statement of compliance with the annual continuing education requirements portion of the completed and notarized Architect License Reinstatement-Restoration Application listing the completed courses for the number of credits required. A reinstatement of a license revoked for one (1) year or less shall require reporting twelve (12) CEHs minimum. A reinstatement of a license revoked for one (1) year or more shall require reporting twenty-four (24) CEHs minimum;(b)
The completed and notarized Architect License Reinstatement-Restoration Application;(c)
The reinstatement application fee plus the applicable annual renewal fee required by 201 KAR 19:255(d)
A two (2) inch by two (2) inch or larger passport quality color photograph of the applicant affixed to the application.(3)
The following shall be submitted by an applicant for the restoration of a license previously voluntarily surrendered:(a)
A completed continuing education certification statement of compliance with the annual continuing education requirements portion of the completed and notarized Architect License Reinstatement-Restoration Application listing the completed courses for the number of credits required. The restoration of a license voluntarily surrendered for one (1) year or less shall require reporting twelve (12) CEHs minimum. The restoration of a license voluntarily surrendered for more than one (1) year shall require reporting twenty-four (24) CEHs minimum;(b)
The completed and notarized Architect License Reinstatement-Restoration Application;(c)
The applicable restoration application fee plus the current annual renewal fee required by 201 KAR 19:255(d)
A two (2) inch by two (2) inch or larger passport quality color photograph of the applicant affixed to the application.(4)
An incomplete submission shall be returned to the applicant.(5)
A random sample of annual reports of architect's continuing education certifications shall be audited to ensure accuracy and compliance. Any licensee audited shall submit a completed Architect Continuing Education Annual Report issued by the board with proof of continuing education activities attached.(6)
The licensee shall:(a)
Be responsible for retaining proof of participation in continuing education activities;(b)
Retain a record for continuing education for a period of five (5) years from the date of submission of the annual report to the board; and(c)
Furnish copies of continuing education records on the request of the board for audit purposes.(7)
Proof of participation in continuing education activities shall include:(a)
A log showing the:1.
Activity claimed;2.
Sponsoring organization;3.
Location; and4.
Duration; and(b)
One (1) of the following:1.
An attendance certificate;2.(c)
A signed attendance receipt;3.(d)
A paid receipt;4.(e)
A proof of participation document5.
Other documentation accepted at the discretion of the Board.(8)
Disallowances. If continuing education credit is disallowed, the licensee shall have thirty (30) calendar days after notification to:(a)
Substantiate the original claim; or(b)
Earn other continuing education credit to meet the minimum requirements.Section 6.
Noncompliance and Sanctions.(1)
Failure to fulfill the continuing education requirements, file the required Architect License Renewal Application or the Architect License Reinstatement-Restoration Application, properly completed and signed, or file the Architect Continuing Education Annual Report as required by an audit, properly completed and signed, shall result in the board imposing any combination of the following sanctions:(a)
Nonrenewal;(b)
Denial of reinstatement or restoration;(c)
Probation; or(d)
Suspension of the license and the issuance of a reprimand.(2)
A licensee found to be deficient on CEHs following a continuing education audit shall be fined a civil penalty of $250 for the first deficient CEH and fifty (50) dollars for each deficient CEH thereafter.Section 7.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Architect Continuing Education Annual Report", 2015;(b)
"Architect License Renewal Application", 2020(c)
"Architect License Reinstatement-Restoration Application", December 2016(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Board of Architects, 155 East Main Street, Suite 300, Lexington, Kentucky 40507, Monday through Friday, 8 a.m. to 4:00 p.m., or on the board's Web site at https://boa.ky.gov/Pages/default.aspx.HISTORY: (24 Ky.R. 2241; Am. 2617; eff. 6-15-98; 35 Ky.R. 1841; 2411; eff. 6-5-2009; TAm 11-20-2012; 42 Ky.R. 1586; 2032; eff. 2-5-2016; 48 Ky.R. 3033; 49 Ky.R. 558; eff. 12-6-2022.)
STEPHANIE R MCCRERY, Board President
CORDELIA HARBUT, Executive Director
APPROVED BY AGENCY: May 3, 2022
FILED WITH LRC: May 5, 2022 at 2:30 p.m.
CONTACT PERSON: CONTACT PERSON: Cordelia Harbut, Executive Director, Kentucky Board of Architects, 155 East Main Street, Suite 300, Lexington, Kentucky 40507, phone (859) 246- 2069, fax (859) 246-2431, email boa.irc@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Cordelia Harbut
(1) Provide a brief summary of:
(a) What this administrative regulation does:
The administrative regulation institutes the Board’s requirements for continuing education, and outlines requirements for the licensing category of architect emeritus.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to define the specific requirements, exemptions, and sanctions for noncompliance, of continuing education, and to outline requirements for the licensing category of architect emeritus.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation is in conformity with KRS 323.210(3) that describes the function of the Board and the authority for promulgating appropriate administrative regulations requiring mandatory continuing education for licensed architects. As well as establishing the licensing category of architect emeritus and outlining the renewal and continuing education requirements for the architect emeritus license.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation ensures the Kentucky licensed architects remain informed and aware of current and changing technical and professional standards to safeguard the life, health, property, and welfare of the public. This administrative regulation also defines the requirements for licensees to qualify as an architect emeritus.
(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:
The amendment will update the process for reporting continuing education courses. Allowing the regulated entities greater flexibility in providing proof of participation in continuing education activities.
(b) The necessity of the amendment to this administrative regulation:
The amendment will improve efficiency in the Board’s review of continuing education compliance of the regulated entities.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statute allows the Board to promulgate all regulations pertaining to the requirement and ensuring compliance, of licensed architects participation in continuing education.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this regulation will provide an efficient review of the regulated entity’s continuing education compliance while maintaining the comprehensive evaluation of their submission.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Kentucky licensed architects, approximately 2,900 annually.
(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:
Each entity shall continue to obtain the following: 12 hours of continuing education during the period beginning January 1 and ending December 31 of each calendar year; hours shall be structured, and designated as Health, Safety, and Welfare, subjects; report their compliance with the regulation annually when renewing their Kentucky architect license. Each entity wishing to renew an architect emeritus license, shall meet age and employment status requirements. However, as amended, the regulated entities, will have greater flexibility in providing proof of participation in continuing education.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no direct cost to the entity however some 3rd parties do charge a fee for attendance.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The entities shall be better informed, and aware of current standards of practice to ensure the public’s health, safety, and welfare.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new cost will be incurred.
(b) On a continuing basis:
No new cost will be incurred.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Board is a self-supporting agency. It is funded entirely through fees assessed for regulating its profession.
(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 is required to implement 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?
Tiering was not appropriate as the regulation applies only to Kentucky licensed architects.
FISCAL NOTE
(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?
This administrative regulation impacts Kentucky licensed architects by outlining the requirements for continuing education, and architect emeritus licensees by outlining certain qualifications for the status.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 323.210(2), (3) authorizes the action taken by this administrative regulation.
(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.
This administrative regulation does not directly affect expenditures or revenues.
(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?
No revenue will be generated with this administrative regulation in the first year.
(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?
No revenue will be generated with this administrative regulation in subsequent years.
(c) How much will it cost to administer this program for the first year?
The administrative regulation does not result in additional cost the first year.
(d) How much will it cost to administer this program for subsequent years?
The administrative regulation does not result in additional cost for 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:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
This administrative regulation will not directly affect expenditures of the regulated entities.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not produce any cost savings of the regulated entities in the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not produce any cost savings of the regulated entities at any time.
(c) How much will it cost the regulated entities for the first year?
The regulated entities have an option of taking free or paid third-party continuing education.
(d) How much will it cost the regulated entities for subsequent years?
The regulated entities have an option of taking free or paid third-party continuing education.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
Because the regulated entities reside throughout the United States and therefore take continuing education throughout the United States, it is not possible to determine the cost of the multitude of third-party continuing education classes taken.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact.