Pennsylvania Bulletin, Vol 44, No. 07. February 15, 2014

• Jurisdiction: Pennsylvania
• Library: Pennsylvania Register
• Published date: 15 February 2014
• Year: 2014

RULES AND REGULATIONS

Title 4—ADMINISTRATION

[ 4 PA. CODE CH. 113 ]

LEGISLATIVE REFERENCE BUREAU

Replacement of References

Under section 6 of the act of December 23, 2013 (P. L.

1256, No. 129) (Act 129), the Legislative Reference Bu-

reau (Bureau) is directed to ‘‘replace references to the

Pennsylvania Emergency Management Agency with refer-

ences to the Office of the State Fire Commissioner’’ in

Chapter 113 (relating to volunteer fire company, ambu-

lance service and rescue squad assistance). Act 129 is

effective February 21, 2014.

To accomplish the replacement, the Bureau is deleting

the definition of ‘‘Agency’’ and adding a definition of

‘‘OSFC—Office of the State Fire Commissioner’’ in

§ 113.1 (relating to definitions). Throughout §§ 113.2—

113.12, 113.101—113.110, 113.201—113.207 and 113.301—

113.307, references to ‘‘Agency’’ will be changed to ‘‘OSFC’’

as needed.

VINCENT C. DELIBERATO, Jr.,

Director

[Pa.B. Doc. No. 14-314. Filed for publicinspection February 14, 2014, 9:00 a.m.]

Title 49—PROFESSIONAL

AND VOCATIONAL

STANDARDS

STATE REGISTRATION BOARD FOR

PROFESSIONAL ENGINEERS, LAND SURVEYORS

AND GEOLOGISTS

[ 49 PA. CODE CH. 37 ]

Qualifications for Licensure

The State Registration Board for Professional Engi-

neers, Land Surveyors and Geologists (Board) amends

§§ 37.1, 37.16, 37.17, 37.31—37.33, 37.34, 37.36, 37.37,

37.47—37.49 and 37.57 and adds §§ 37.33a and 37.36a

(relating to grandfather requirements for licensure as a

professional engineer without certification as an engineer-

in-training; and requirements for licensure as a profes-

sional geologist without certification as geologist-in-

training) to read as set forth in Annex A.

Background and Need for the Final-Form Rulemaking

The act of May 12, 2010 (P. L. 192, No. 25) (Act 25)

amended section 4.4 of the Engineer, Land Surveyor and

Geologist Registration Law (act) (63 P. S. § 151.4) to

provide for certification of geologists-in-training, in addi-

tion to licensure of professional geologists. This two-stage

process is analogous to the two-stage processes for certifi-

cation of engineers-in-training and licensure of profes-

sional engineers and for certification of surveyors-in-

training and licensure of professional land surveyors.

Additionally, in looking at and amending regulations

concerning the licensure process for geologists in response

to Act 25, the Board also reviewed regulations concerning

the licensure process for engineers and land surveyors

and concluded that those regulations should be updated

to conform to current administrative practice.

Summary of Comments and Responses to Proposed Rule-

making

The Board published the proposed rulemaking at 41

Pa.B. 6975 (December 31, 2011) with a 30-day public

comment period. The Board did not receive comments

from the public. The Board received comments from the

House Professional Licensure Committee (HPLC) and the

Independent Regulatory Review Commission (IRRC) as

part of their review of proposed rulemaking under the

Regulatory Review Act (71 P. S. §§ 745.1—745.12). The

Board did not receive comments from the Senate Con-

sumer Protection and Professional Licensure Committee

(SCP/PLC).

The HPLC commented that the change from ‘‘applicant’’

to ‘‘candidate’’ was not consistent throughout the proposed

rulemaking. IRRC agreed and recommended that the

Board use one term consistently. The Board revised

§§ 37.16, 37.32(a), 37.34(b), 37.37(a) and 37.47(2)(ii) to

use ‘‘candidate’’ when referring to an individual whose

qualifications are at issue, rather than ‘‘applicant.’’ To the

extent the references in § 37.34(b) (relating to branches

of engineering) concern the practice of a professional

engineer, the Board uses ‘‘professional engineer’’ rather

than ‘‘applicant’’ or ‘‘candidate.’’ Because these provisions

focus on the act of applying and the supporting documen-

tation rather than the applicant’s qualifications, the

Board has not amended §§ 37.18, 37.37, 37.61 and 37.71

to replace ‘‘applicant’’ with ‘‘candidate.’’ Additionally, be-

cause § 37.61 (relating to temporary practice) addresses

the process by which a professional engineer, professional

land surveyor or professional geologist licensed to practice

in another jurisdiction may apply for a temporary permit

to practice in this Commonwealth, ‘‘candidate’’ is not

appropriate for an applicant who has already been li-

censed. To be consistent with the other provisions con-

cerning the registration number and seal, the Board

replaced ‘‘applicant’’ in § 37.57 (relating to registration

number) with ‘‘registrant.’’ Because there is not a need to

make the method of determining the registration number

into a regulatory requirement, the Board also deleted the

second sentence of § 37.57 concerning the assignment of

consecutively issued registration numbers and inserted

into the first sentence a notation that the assigned

registration number will be unique. Similarly, for addi-

tional clarity, the Board uses ‘‘accredited’’ and not ‘‘ap-

proved’’ when referring to an engineering or land survey-

ing curriculum accredited by ABET. The HPLC also

commented that the organization mentioned in § 37.36

(relating to requirements for certification as a geologist-

in-training and for licensure as a professional geologist)

should read ‘‘World Education Services.’’ The Board re-

vised § 37.36(b)(1)(iii) to reflect the correct name as

suggested.

IRRC commented about consistency with case law.

Because an issue raised by the petitioner but not decided

by the court in Whymeyer v. State Reg. Bd. for Profes-

sional Engineers, Land Surveyors and Geologists, 997

A.2d 1254 (Pa. Cmwlth. 2010) was whether the Board

‘‘abdicated its statutory responsibility’’ to approve engi-

neering programs by delegating that authority to ABET,

IRRC questioned whether the Board would independently

approve programs under section 4(a) of the act (63 P. S.

§ 151(a)), despite providing in this final-form rulemaking

888

PENNSYLVANIA BULLETIN, VOL. 44, NO. 7, FEBRUARY 15, 2014