AGENDA. Wednesday, April 11, 2012

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1 DEPARTMENT OF COMMERCE AND INSURANCE TENNESSEE BOARD OF ARCHITECTURAL AND ENGINEERING EXAMINERS 500 JAMES ROBERTSON PARKWAY NASHVILLE, TENNESSEE (615) AGENDA Wednesday, April 11, 2012 Meeting Location: Room 160, Davy Crockett Tower, 500 James Robertson Parkway, Nashville, Tennessee 1:00 p.m. Engineer Committee Meeting Applications and Audits for Review, Discussion and Signature Applicant Interviews (1:30, 2:00, 2:30) Clarification re: master s degree provision Legislative Update (attached) Meeting with Members of Surveyors Board (3:00) Electronic Seals and Signatures Discussion re: building code reference in T.C.A Use of title engineer in non-engineering contexts Application/Reference Form Revisions (attached) Thursday, April 12, 2012 Meeting Location: Room 160, Davy Crockett Tower, 500 James Robertson Parkway, Nashville, Tennessee 8:45 a.m. Nominations Committee Meeting Discuss Nominations for Board Officers BOARD MEETING 9:00 a.m. Call to Order David Schuermann, Chair Roll Call Acknowledge Guests Announcements Adoption of Agenda Consent Agenda John Cothron Minutes from February 2012 Board Meeting (attached) Staff Complaint Report NCARB Continuing Education Presentation Derek Haese, Assistant Director, Member Board Relations, NCARB Professional Society Reports Director s Report Legislative Update (attached) Attorney General Opinion (attached) Licensing Data (attached) Complaint Data (attached) Engineer Committee Report John Cothron Philip Lim

2 Unfinished Business Action Items (attached) John Cothron Vote on Licensed Interior Designers Act (SB0867/HB1741) Application/Reference Form Revisions (attached) New Business Proposed Bylaw Amendments (attached) John Cothron Resolution for Dennis Henderson David Schuermann Officer Nominations Rick Thompson CLARB Spring Meeting Report (attached) Bill Lockwood NCARB Regional Meeting Report (attached) John Cothron Correspondence from Mike Gibbons re: Use of ASLA Designation (attached) August and December Meeting Schedule Legal Case Report Robert Herndon Adjourn Board meetings will be conducted by permitting participation of the Board members by electronic means of communication, if necessary. Any member participation by electronic means shall be audible to the public at the location specified above. Listed times are subject to change.

3 2012 PENDING LEGISLATION Bill Number(s)/Sponsor(s) SB2304*/HB2520 Bell/Cobb Amended bill attached SB2871/HB3030* Southerland/Hawk Amended bill attached SB3760*/HB3790 Gresham/Dennis SB2455*/HB2786 Finney L/Fitzhugh SB0867*/HB1741 Crowe/Sontany Description House Senate Board Position Extends A&E Passed as amended Passed as Support; in Board to June (extends Board to amended (extends favor of 30, ) Board to 2016) extension beyond Increases threshold for public works in T.C.A from $25,000 to $150,000 Requires manufacturers of products added to public water systems to verify the safety of such products to the system operators Requires countdown timers be installed at all intersections with unmanned traffic safety cameras implemented after July 1, 2012 Licensed Interior Designers Act Finance Subcommittee (4/4/12) Conservation & Environment Committee (4/4/12) Transportation Subcommittee General Sub of Commerce (3/1/11) Recommended for passage with amendment; on Senate calendar for 4/4/12 Energy & Environment Committee General Sub of Transportation & Safety Committee General Sub of Commerce, Labor & Agriculture Committee (4/26/11) 2013 Oppose Oppose Oppose Oppose as introduced (2/17/11)

4 Senate Government Operations Committee 1 Amendment No. 1 to SB2304 Bell Signature of Sponsor AMEND Senate Bill No. 2304* House Bill No by adding the following language immediately preceding the effective date section and by renumbering the subsequent section accordingly: SECTION. Tennessee Code Annotated, Section (a), is amended by deleting subdivisions (1), (2) and (3) in their entirety and by substituting instead the following: (1) The board shall include, where possible, at least one (1) female and at least one (1) member of a racial minority. (2) This board shall consist of eight (8) members to be appointed by the governor, three (3) to be registered architects who may be appointed from lists of qualified persons submitted by interested architect groups including, but not limited to, the representative professional architects of the state, three (3) to be registered engineers who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the representative professional engineering society of the state, one (1) to be a registered landscape architect who may be appointed from lists of qualified persons submitted by interested landscape architect groups including, but not limited to, the representative professional landscape architecture society of the state, and one (1) to be a registered interior designer who may be appointed from lists of qualified persons submitted by interested interior design groups including, but not limited to, the representative professional interior design society of the state. The governor shall consult with interested statewide architect, engineering, landscape architect, and interior design groups including, but not limited to, the professional societies listed in this subdivision to determine qualified persons to fill SA

5 Senate Government Operations Committee 1 Amendment No. 1 to SB2304 Bell Signature of Sponsor AMEND Senate Bill No. 2304* House Bill No the positions. The provisions of this subdivision shall not apply to the appointment of the public member of the board. (3) In the event of a vacancy on the board for any reason and the governor failing to appoint a successor within three (3) months after the vacancy occurs, the board is empowered to fill that vacancy from the lists of qualified persons submitted by the interested groups including, but not limited to, the respective societies, until the governor makes an appointment as provided in subdivision (a)(2). SECTION. Tennessee Code Annotated, Section (c), is amended by deleting subdivision (1) in its entirety and by substituting instead the following: (1) In addition to members serving on the board under the authority of subsections (a) and (b), the board shall also include as associate members three (3) registered engineers, who may be appointed by the governor from lists of qualified persons submitted by interested engineering groups including, but not limited to, the representative professional engineering society of the state. The governor shall consult with such interested engineering groups to determine qualified persons to fill the positions. SECTION. Tennessee Code Annotated, Section , is amended by deleting subsection (a) in its entirety and by substituting instead the following: (a) The members of the board appointed under (a) shall each have had at least ten (10) years' experience in the practice of architecture as a registered architect, ten (10) years' experience in the practice of engineering as a registered engineer, ten (10) years' experience in the practice of interior design as a registered interior designer or ten (10) years' experience in the practice of landscape architecture as a registered landscape architect, with no record of any formal disciplinary action. SA

6 Such members shall each have been in responsible charge of work for at least five (5) years, and shall each have demonstrated an interest in improving the profession by involvement in a statewide association directly related to their profession for at least five (5) years. Each member shall be a citizen of the United States and shall have been a resident of Tennessee for five (5) years at the time of appointment. The ten-year requirement of experience as a registered practitioner shall not apply to the registered interior designer member until January 1, 2014; provided, however, that the member shall have been a registered interior designer for five (5) years and shall have ten (10) years experience as an interior designer. SA

7 Senate Government Operations Committee 2 Amendment No. 2 to SB2304 Bell Signature of Sponsor AMEND Senate Bill No. 2304* House Bill No by deleting SECTION 2 of the introduced bill in its entirety and by substituting instead the following new language: SECTION 2. Tennessee Code Annotated, Section (a), is amended by adding the following as a new, appropriately designated subdivision: ( ) Board of examiners for architects and engineers, created by ; SA

8 Senate Commerce, Labor and Agriculture Committee 1 Amendment No. 1 to SB2871 Johnson Signature of Sponsor AMEND Senate Bill No House Bill No. 3030* by deleting all language after the enacting clause and by substituting instead the following: SECTION 1. Tennessee Code Annotated, Section (b), is amended by deleting the subsection in its entirety and by substituting instead the following: (b) (1) Nothing in this section shall be held to apply to such public work if: (A) The contemplated expenditure for the complete project does not exceed twenty-five thousand dollars ($25,000), and the work does not alter the structural, mechanical or electrical system of the project; or (B) The contemplated expenditure for the complete project does not exceed one hundred thousand dollars ($100,000), the project is located in a state park, and the work is solely maintenance, as defined in the policy and procedures of the state building commission. (2) For a public work located in a state park, existing plans may be used as a basis of design if the plans have been designed and sealed by a registered architect, engineer, or landscape architect and a registered architect, engineer, or landscape architect reviews such plans for compliance with all applicable codes and standards and appropriateness for the site conditions of the project, makes changes if required, and seals the plans in accordance with the requirements of this chapter. SECTION 2. This act shall take effect July 1, 2012, the public welfare requiring it and shall apply to plans, specifications, or estimates created for public works on or after July 1, SA

9 Applicant s Full Name EXPERIENCE List each engagement in chronological order beginning with first engagement. Provide detailed information of progressive experience on engineering design projects to enable evaluation of your experience. This page must be forwarded to each reference with the reference form for verification purposes. Dates of Employment (Mo./Yr.) Title of Position, Name of Employer, Location, and Nature of Each Engagement and Degree of Responsibility 1. Practical Application of Theory 1 2. Management 2 3. Communication Skills 3 4. Social Implications 4 For each engagement, mark (X) which of the above work areas and skills were obtained and developed. (1) (2) (3) (4) Name, Title, and Address of Supervisor (Attach additional experience sheet if necessary, using the same format) 1 Includes analysis, design, testing, implementation, systems application, and code/regulatory understanding. 2 Includes planning, scheduling, budgeting, contracting, supervision, project control, and risk assessment. 3 Includes accumulation of project knowledge through interpersonal communication and transmission of project knowledge to others. 4 Promoting and safeguarding the health, safety, and welfare of the public, demonstrating an awareness of the consequences of work performed, and following a code of ethics.

10 (Name and Address of Reference) TENNESSEE BOARD OF ARCHITECTURAL AND ENGINEERING EXAMINERS DEPARTMENT OF COMMERCE AND INSURANCE 500 JAMES ROBERTSON PARKWAY NASHVILLE, TN (NASHVILLE AREA) (FAX) REFERENCE THIS REQUEST LETTER IS TO BE COMPLETED BY THE APPLICANT Re: (Print or Type Name of Applicant) Dear I have made application to the Tennessee Board of Architectural and Engineering Examiners for registration to architecture practice engineering landscape architecture Please send the information requested on the second page directly to the Board office. I have attached the experience page(s) from my application for verification purposes. Please send the experience page(s) to the Board office with the reference form. If more space is needed, please do not write on the back; use a separate sheet of paper. (Signature of Applicant) Board Statement to Reference: This Board is required by law to obtain evidence of the good character and technical ability of applicants for registration as architects, engineers, and landscape architects. Statements by responsible individuals with personal knowledge of the applicant s character and qualifications will be considered as evidence. Additional information may be attached. The Board would like to emphasize that evidence submitted on this form must not be perfunctory nor made for the mere purpose of aiding the applicant to be registered. The execution of this statement will be accepted by the Board as a deliberate act made with full knowledge of the responsibility to protect the public health, safety and welfare. It should be borne in mind that the applicant is not being considered for membership in an organization but for registration as an architect, engineer, or landscape architect, qualified to practice in Tennessee. Since the Board cannot process this application until it receives this reference, a prompt reply will expedite our handling of the application. THE INFORMATION YOU GIVE WILL BE TREATED IN THE STRICTEST CONFIDENCE. (see page 2)

11 (Page 2 Reference) Applicant s name TO BE COMPLETED BY THE REFERENCE THIS IS CONFIDENTIAL INFORMATION FOR USE OF BOARD MEMBERS ONLY 1. How long have you known the applicant? From to inclusive 2. Are you in any way related to the applicant? What relationship? 3. What has been your connection with the applicant? 4. Is the applicant s experience description listed on the enclosed application consistent with your knowledge of his or her experience? Yes No Unknown Comments: 5. How would you rate the applicant s: Above Average Average Below Average Unsatisfactory Unknown Quality of Work Technical Knowledge Professional Integrity Character & Reputation 6. To your knowledge, has the applicant ever been convicted of a felony? 7. Would you employ the applicant in a position of trust? 8. Is the applicant qualified to be placed in responsible charge of design or supervision of work, with full authority to change designs or specifications? 9. If the applicant is in individual practice, please indicate the nature of the practice: 10. Do you recommend the applicant for registration? 11. Remarks concerning the applicant: I make the above statements with full knowledge that the person referred to is making application for registration by the State of Tennessee as an architect, engineer or landscape architect and after having carefully read the information given on the previous page. a. My full name is (to be typewritten or printed) b. My present employer is c. My title or position is architect d. I am/am not a registered engineer landscape architect in the State of License No. (Signature) (Date) (Address please include an address or phone number)

12 Minutes of a Meeting of the Tennessee Board of Architectural and Engineering Examiners Andrew Johnson Tower Nashville, Tennessee February 16, 2012 Board Members Present Hal Balthrop, Professional Engineer Wilson Borden, Public Member Robert Campbell, Jr., Professional Engineer James Hastings, Registered Architect Bill Lockwood, Registered Landscape Architect Leslie Shankman-Cohn, Registered Interior Designer Richard Thompson, Registered Architect Board Members Absent David Schuermann, Registered Architect Philip Lim, Professional Engineer Associate Board Members Present Alton Hethcoat, Professional Engineer Carlton Norris, Professional Engineer Associate Board Member Absent Richard Bursi, Professional Engineer Staff Present Robert Herndon, Legal Counsel John Cothron, Executive Director Wanda Phillips, Administrative Manager Wanda Garner, Administrative Assistant Guests The following were present for all or part of the meeting: Candy Toler, Tennessee Society of Professional Engineers/American Council of Engineering Companies of Tennessee (TSPE/ACEC-TN) Nathan Ridley, Tennessee Chapter American Society of Landscape Architects (ASLA -TN) Secretary of the Board, Bill Lockwood, being in the chair, called the meeting to order at 9:00 a.m. A quorum of Board members was present, and the meeting, having been duly convened, was ready to proceed with business. 1

13 February 16, 2012 ANNOUNCEMENT Mr. Cothron announced that Richard Bursi of Memphis has been appointed to serve as an associate engineer member representing West Tennessee, replacing Dennis Henderson. CONSENT AGENDA 1. On motion of Mr. Thompson, the minutes of the last meeting were approved. 2. On motion of Mr. Campbell, the Complaints for Board Decision (attached) were approved. PROFESSIONAL SOCIETY REPORTS 1. Candy Toler told of legislation in which TSPE/ACEC-TN is interested and stated their position. 2. Nathan Ridley told of legislation in which ASLA-TN is interested and stated their position. 3. Don Baltimore, through Ms. Shankman-Cohn, told of legislation in which TIDC is interested and stated their position. DIRECTOR S REPORT 1. Mr. Cothron reported his and staff s Board-related activities that occurred since the December 2011 Board meeting and those activities that are forthcoming. 2. Licensing Data (attached) was received and placed on file. 3. Complaint Data (attached) was received and placed on file. 4. Financial Report (attached) was received and placed on file. ENGINEER COMMITTEE REPORT Mr. Balthrop reported on subjects discussed by the Engineer Committee that were of interest to the whole Board. Any required Board action was taken at the appropriate time on the agenda. OLD BUSINESS 1. Action Items (attached) The action items taken from the December meeting were reviewed and the required action had been taken. 2. Proposed Rule Changes (attached) On motion of Mr. Thompson, the language of the proposed changes/additions to the Board s rules was approved. Mr. Campbell moved that staff draft language to clarify the requirements for revising plans prepared by another registrant (Rule ). The motion was approved. 2

14 February 16, 2012 Recess: 10:40 10:50 a.m. NEW BUSINESS 1. Call for Officer Nominations The chair received the following nominations for Board Officers: Chair Philip Lim Vice Chair Bill Lockwood Secretary Rick Thompson The Nominations Committee will present a slate of nominees at the April Board meeting. 2. Legislative Update (attached) The Engineer Committee, through Mr. Balthrop, moved that the Board support SB2304/HB2520, which, as introduced, extends the Board of Architectural and Engineering Examiners to June 30, It was further moved that the Board support an extension beyond The motion was approved. The Engineer Committee, through Mr. Balthrop, moved that the Board oppose SB2871/HB3030, which increases the threshold for public works in Tennessee Code Annotated from $25,000 to $150,000. The motion was approved. The Engineer Committee, through Mr. Balthrop, moved that the Board oppose SB3760/HB3790, which addresses requirements for water infrastructure components. The motion was approved with Mr. Borden abstaining. The Engineer Committee, through Mr. Balthrop, moved that the Board oppose SB2455/HB2786, which addresses countdown timers on traffic signals. The motion was approved. Mr. Thompson moved that the Board reaffirm its opposition to SB0867/HB1741, which, as introduced, would establish a Licensed Interior Designer s Act. By roll call, the vote was as follows: Yes Robert Campbell, Jim Hastings, Rick Thompson. No Leslie Shankman-Cohn Abstaining Hal Balthrop, Wilson Borden, Bill Lockwood 3. Report on the National Council of Examiners for Engineering and Surveying, Member Board Administrators (NCEES MBA) Forum Mr. Cothron reported on topics discussed at the NCEES MBA Forum, which met in Atlanta, GA, on February 8, Conflict of Interest Forms Board members signed required forms stating that their Board membership duties and personal interests do not conflict. 3

15 February 16, Application/Reference Form Revisions (attached) On motion of Mr. Hastings, the Board approved revisions made to the application reference form. Revision to the engineer application form is incomplete. PROPOSED LITIGATION SCHEDULE Adrian Chick, the Board s litigator, announced that privilege tax cases will be held with an administrative law judge on May 29, He proposed scheduling formal hearings in June and December. Board members agreed on the following schedule for the June meeting: Engineer Committee Meeting Wednesday, June 13, 2012, 10:00 a.m. Board Meeting Wednesday, June 13, 2012, 1:00 p.m. Formal Hearings Thursday, June 14, 2012, 9:00 a.m. LEGAL CASE REPORT (presented by Robert Herndon) (attached) New Cases 1. Case No.: L12-AEL-RBS Complaint # Mr. Thompson moved to offer the respondent a Consent Order for a civil penalty of $500.00, a ninety-day period in which to obtain the required continuing education hours for the current audit, a requirement to submit to an automatic audit of the next renewal cycle and a requirement to take and pass the law and rules examination. The motion was adopted. 2. Case No.: L12-AEL-RBS Complaint # Mr. Thompson moved to offer the respondent a Consent Order for a civil penalty of $500.00, a ninety-day period in which to obtain the required continuing education hours for the current audit, and a requirement to take and pass the law and rules examination. The motion was adopted. 3. Case No.: L12-AEL-RBS Complaint # Mr. Hastings moved to offer the respondent a Consent Order for a civil penalty of $500.00, a ninety-day period in which to obtain the required continuing education hours for the current audit, a requirement to submit to an automatic audit of the next renewal cycle and a requirement to take and pass the law and rules examination. The motion was adopted. 4. Case No.: L12-AEL-RBS Complaint # Mr. Hastings moved to offer the respondent a Consent Order for a civil penalty of $1, in recognition of the admission of misrepresentation, a ninety-day period in which to obtain the required continuing education hours for the current audit, a requirement to submit to an automatic audit of the next renewal cycle and a requirement to take and pass the law and rules examination. The motion was adopted. 4

16 February 16, 2012 Board Member- Reviewed Case 1. Case No.: L12-AEL- RBS Complaint # Mr. Campbell moved to issue a cease and desist order and offer a Consent Order for a civil penalty of $2,000. The motion was adopted. The Board meeting adjourned at 12:00 noon. ATTACHMENTS Minutes from the December 8, 2011 Board meeting Staff Complaint Report Licensing Data Complaint Data Financial Data Action Items Proposed Rule Changes Legislative Update Application/Reference Form Revisions Legal Case Report 5

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26 Board of Architectural and Engineering Examiners Number of Registrants Architects In-State Out-of-State Total 12/2/ ,705 2/9/ ,706 4/4/ ,697 Engineers 12/2/ ,771 2/9/ ,933 4/4/ ,974 Landscape Architects 12/2/ /9/ /4/ Interior Designers 12/2/ /9/ /4/ Totals 12/2/ ,326 2/9/ ,489 4/4/ ,511 Architectural Firms 12/2/ /9/ /4/ Engineering Firms 12/2/ /9/ /4/ Landscape Architectural Firms 12/2/ /9/ /4/ Totals 12/2/ /9/ /4/

27 4/3/12 Board of Architectural and Engineering Examiners Open Complaints 1 Profession Complaint # Received Allegation Status Comments 1 Architect /6/2010 Failed to pay the professional privilege tax for two (2) years or more Open-Legal Formal 2 Architect /2/2011 Failed to pay the professional privilege tax for two (2) years or more Open-Legal Formal 3 Architect /2/2011 Failed to pay the professional privilege tax for two (2) years or more Open-Legal Formal 4 Architect /2/2011 Failed to pay the professional privilege tax for two (2) years or more Open-Legal Formal 5 Architect /20/2011 Title act violation Open-Legal Consent order issued 6 Engineer /10/2007 Plan stamping Open-Legal Formal 7 Engineer /15/2009 Practice outside area(s) of competency, plan stamping Open-Legal Formal 8 Engineer /9/2009 Misconduct Open-Legal Formal 9 Engineer /11/2010 Unlicensed practice Open-Legal Formal 10 Engineer /11/2010 Unlicensed practice Open-Legal Formal 11 Engineer /1/2010 Misconduct Open-Legal Formal 12 Engineer /18/2011 Disciplined by another jurisdiction Open-Legal Formal 13 Engineer /15/2011 Disciplined by another jurisdiction Open-Legal Formal 14 Engineer /29/2011 Unlicensed practice Open-Legal Consent order issued 15 Engineer /2/2011 Failed to pay the professional privilege tax for two (2) years or more Open-Legal Formal 16 Engineer /2/2011 Failed to pay the professional privilege tax for two (2) years or more Open-Legal Formal Informal conference 17 Engineer /3/2011 Practice outside area(s) of competency Open-Legal held 3/27/12 18 Engineer /3/2011 Disciplined by another jurisdiction Open-Legal Formal 19 Engineer /2/2011 Failed to pay the professional privilege tax for two (2) years or more Open-Legal Formal 20 Engineer /3/2012 Continuing education violation Open-Legal Consent order issued 21 Engineer /24/2012 Unlicensed practice Open-Staff Consent order issued 22 Engineer /25/2012 Continuing education violation Open-Legal Consent order issued 23 Engineer /30/2012 Practice outside area(s) of competency Open-Staff Board member review 24 Engineer /1/2012 Practice outside area(s) of competency Open-Staff Board member review 25 Engineer /27/2012 Unlicensed practice Open-Legal Board member review 26 Engineer /29/2012 Practice on an expired license Open-Legal

28 4/3/12 Board of Architectural and Engineering Examiners Open Complaints 2 Profession Complaint # Received Allegation Status Comments 27 Engineer /1/2012 Disciplined by another jurisdiction Open-Staff Letter of Caution 28 Engineer /7/2012 Disciplined by another jurisdiction Open-Legal 29 Engineer /7/2012 Disciplined by another jurisdiction Open-Legal 30 Engineer /22/2012 Practice outside area(s) of competency Open-Staff Waiting on response 31 Eng Firm /11/2010 Unlicensed practice Open-Legal Formal 32 Eng Firm /1/2012 Disciplined by another jurisdiction Open-Staff Letter of Caution 33 Eng Firm /1/2012 Disciplined by another jurisdiction Open-Staff Letter of Caution 34 Eng Firm /7/2012 Disciplined by another jurisdiction Open-Staff Letter of Caution Number over 180 days old: 20 (59%) Number over 180 days old without "clock stopping" action: 1 (3%) Number of formal hearings authorized to be heard by Board: 10 Number of formal hearings authorized to be heard by ALJ: 7 Number in Investigations: 0 Percent on time (clock stopped within 180 days) last 18 months: 97.50% (70% is goal)

29 Complaints Fiscal Year July 1-Sept.30 Oct.1-Dec. 31 Jan.1-Mar. 31 April 1-June 30 Fiscal Year Totals Complaints/Cases Opened Complaints/Cases Closed Formal Disciplinary Actions Taken Letters of Warning, Caution, etc Civil Penalties Assessed Total Amount Assessed $6, $8, $4, Civil Penalties Collected Total Amount Collected $6, $3, $3, Complaints Fiscal Year July 1-Sept.30 Oct.1-Dec. 31 Jan.1-Mar. 31 April 1-June 30 Fiscal Year Totals Complaints/Cases Opened Complaints/Cases Closed Formal Disciplinary Actions Taken Letters of Warning, Caution, etc Civil Penalties Assessed Total Amount Assessed $2, $11, $0.00 $3, $17, Civil Penalties Collected Total Amount Collected $1, $4, $7, $3, $16,650.00

30 % of Complaints Against Registrants Compared to # of Registrants # of Complaints Filed Against Registrants # of Registrants at Close of Last Quarter Total # of Complaints Filed Profession % of Complaints Against Registrants Compared to # of Registrants # of Complaints Filed Against Registrants # of Registrants Total # of Complaints Filed Profession % of Complaints Against Registrants Compared to # of Registrants # of Complaints Filed Against Registrants # of Registrants Total # of Complaints Filed Profession % of Complaints Against Registrants Compared to # of Registrants # of Complaints Filed Against Registrants # of Registrants Total # of Complaints Filed Profession % of Complaints Against Registrants Compared to # of Registrants # of Complaints Filed Against Registrants # of Registrants Total # of /complaints Filed Profession STRATEGIC PLANNING REPORT--A&E 1st Quarter, FY 2012 (July 1, 2011-Sept. 30, 2011) 2nd Quarter, FY 2012 (Oct 1, 2011-Dec. 31, 2011) 3rd Quarter, FY 2012 (Jan 1, 2012-Mar 31, 2012) 4th Quarter, FY 2012 (April 1, 2012-June 30, 2012) Cumulative Statistics Architects 13 3, % Architects 0 3, % Architects 2 3, % Architects Architects Engineers 19 14, % Engineers 9 14, % Engineers 16 15, % Engineers Engineers Landscape Architects Registered Interior Designers Engineer Interns Architectural Firms Engineering Firms Landscape Architectural Firms % % 0 24, % 0 1, % 2 3, % % Landscape Architects Registered Interior Designers Engineer Interns Architectural Firms Engineering Firms Landscape Architectural Firms % % 0 24, % 0 1, % 7 3, % % Landscape Architects Registered Interior Designers Engineer Interns Architectural Firms Engineering Firms Landscape Architectural Firms % % 0 24, % 0 1, % 5 3, % Landscape Architects Registered Interior Designers Engineer Interns Architectural Firms Engineering Firms Landscape Architectural Firms Total 34 49, % Total 16 49, % Total 23 49, % Total Total Landscape Architects Registered Interior Designers Engineer Interns Architectural Firms Engineering Firms Landscape Architectural Firms # of Complaints Pending as of 9/30/11 39 # of Complaints Pending as of 12/31/11 30 # of Complaints Pending as of 3/31/12 32 # of Complaints Pending as of 06/30/12 # Open Complaints as of 6/30/12 # of Complaints Closed Within # of Complaints Closed Within # of Complaints Closed Within # of Complaints Closed Within 180 # Complaints Filed FY 2012 Days as of 9/30/11 Days as of 12/31/11 Days as of 03/31/12 Days as of 06/30/12 # of Complaints Closed Within 180 Days % of Complaints Closed Within 180 Days 15.3% % of Complaints Closed Within 180 Days 63.3% % of Complaints Closed Within 180 Days 40.7% % of Complaints Closed Within 180 Days % of Complaints Closed Within 180 Days Against Total Number of Pending Against Total Number of Pending Against Total Number of Pending Against Total Number of Pending Against Total Number of Complaints Complaints (7/1/11-9/30/11) Complaints (10/1/11-12/31/11) Complaints (1/1/12-03/31/12) Complaints (4/1/12-06/30/12) % of Licenses Issued in 60 Days 100% % of Licenses Issued in 60 Days 100% % of Licenses Issued in 60 Days 100% % of Licenses Issued in 60 Days % of Licenses Issued in 60 Days

31 TN BOARD OF ARCHITECTURAL AND ENGINEERING EXAMINERS ACTION ITEMS From February 16, 2012, Board Meeting JOHN COTHRON and ROB HERNDON Draft language to clarify the requirements for revising plans prepared by another registrant (Rule ). NOMINATIONS COMMITTEE Present a slate of nominees for Board officers at the April Board meeting. JOHN COTHRON AND ENGINEER COMMITTEE Revise the engineer application form. 1

32 TENNESSEE BOARD OF ARCHITECTURAL AND ENGINEERING EXAMINERS BYLAWS PART 1. Mission Statement. Section 1.01 Mission Statement. The mission of the Tennessee State Board of Architectural and Engineering Examiners is: to protect the public health, safety and welfare through the regulation of architecture, engineering, landscape architecture and interior design by means of evaluation, education, examination, licensure and disciplinary action; and to communicate with its registrants and the public regarding the laws and standards of the professions. Administrative History: Adopted September 27, Revised January 8, PART 2. Board Seal. Section 2.01 Board Seal. The design of the Board s seal required by T.C.A (c) shall be as follows: This seal shall be affixed to all certificates of registration granted. PART 3. Board Meetings. Section 3.01 Meetings. The Board shall hold at least two (2) regular meetings each year, as required by T.C.A (a), one of which must incorporate a planning session. The time and location of the meetings shall be determined by the Board at the annual planning session. Special meetings may be called by the Board chair. The same bylaws relative to quorum, voting, procedure and conduct of business for regular meetings shall apply to special meetings. Section 3.02 Quorum and Voting. Pursuant to T.C.A (c), a quorum of the Board shall consist of not less than five (5) members. However, for the purpose 1

33 of formal disciplinary matters involving an architect, engineer, registered interior designer or landscape architect, at least one (1) Board member from the respective profession shall be present. Pursuant to T.C.A (c)(6), associate engineer members shall have no voting privileges and are not to be considered as members for quorum or election purposes. All other Board members, including the chair, shall have full voting privileges. A majority vote of the Board members present and voting shall be required for affirmative action unless otherwise provided for in Robert s Rules of Order Newly Revised. All votes shall be by public vote or roll call. No secret votes or secret ballots shall be allowed. Section 3.03 Public Notice of Meetings. A schedule of Board meetings for each year shall be placed on the Board website no later than one (1) month before the first Board meeting of the year. An agenda outlining the order of business shall be prepared by the Executive Director under the direction of the Board for each meeting and must be provided to the Assistant Commissioner for Regulatory Boards and posted on the Board website at least seven (7) business days before a regularly scheduled meeting. Substantive changes to the agenda should be made no later than three (3) business days prior to a meeting. For special meetings that fall outside the regularly scheduled Board meetings, an agenda must be provided to the Assistant Commissioner for Regulatory Boards and posted on the Board website at least three (3) business days before the scheduled meeting. Notice of any special meeting shall state the purpose or purposes thereof and no other business shall be transacted at any such special meeting. Section 3.04 Teleconferences. Teleconferences may be scheduled only in cases of necessity when physical presence by a quorum of Board members is not practical. The determination of necessity, and a recitation of the facts and circumstances on which it was based, must be included in the minutes of the meeting. All teleconferences must be conducted in accordance with T.C.A Board members may participate in regular meetings by electronic means of communication only when necessary to ensure a quorum. Any member participation by electronic means shall be audible to the public at the physical location of the meeting. Section 3.05 Meeting Procedures. All Board meetings shall be guided by an agenda prepared and delivered in advance to all Board members. Individuals in attendance who wish to speak must first be recognized by the presiding officer. The presiding officer may deny a request to speak to individuals wishing to address issues not on the agenda. Section 3.06 Rules of Order. The Board shall be governed by the most recent current edition of Robert s Rules of Order Newly Revised when not in conflict with the laws, rules or bylaws of the Board. The presiding officer shall rule on all questions pertaining to the bylaws and Rules of Order in the conduct of meetings; such rulings may be appealed to the whole Board. Section 3.07 Meeting Minutes. Pursuant to T.C.A (a), minutes of Board meetings shall be promptly and fully recorded, shall be open to public inspection, and shall include, but not be limited to, a record of persons present, all motions, 2

34 proposals and resolutions offered, the results of any votes taken, and a record of individual votes in the event of roll call. PART 4. Board Officers and Their Duties Section 4.01 Board Officers. Pursuant to T.C.A (b), officers of the Board shall be the chair, the vice chair, and the secretary. Section 4.02 Chair. The chair shall preside at all meetings when present, establish and appoint all committees and task forces and their respective chairs, and sign disciplinary orders and wall certificates. Section 4.03 Vice chair. The vice chair shall preside at meetings and sign disciplinary orders when the chair is absent. Section 4.04 Secretary. The secretary shall serve as treasurer and chair of the Finance Committee, report on Board finances, sign wall certificates, and ensure that staff records minutes for each meeting. The secretary shall also preside at meetings when both the chair and vice chair are absent. PART 5. Election of Board Officers. Section 5.01 Qualifications. Nominees for vice chair and chair must have a minimum of two (2) years experience on the Board to be eligible for these positions. Section 5.02 Chair Rotation. The chair position shall be rotated among the individual professions on an annual basis. The suggested rotation is (1) architect, (2) engineer, and (3) interior designer/landscape architect or public member. The chair and vice chair positions should be considered in a rotating fashion that would allow the vice chair to assume the position of chair. Board member appointment time frame considerations should also be considered when making nominations for the positions. Section 5.03 Nomination and Election Procedure. Nominations for chair, vice chair and secretary will be called for at the first meeting of the calendar year, presented to the Board by the Nominations Committee at the second meeting, and voted on at the last meeting before the beginning of the fiscal year. Nominations may be made from the floor at any time. Section 5.04 Terms of Office. Officers shall serve for one year terms, beginning on July 1, and ending on June 30. Section 5.05 Vacancies. In the event of a vacancy in the office of chair, vice chair, or secretary, a special election shall be held to fill the unexpired term of office at the meeting immediately following the vacancy. OR In the event of a vacancy in the office of chair, the vice chair shall succeed to the office of chair for the remainder of the term of office. A special election shall be held to fill the unexpired term of the office of vice chair at the meeting immediately following the vacancy. 3

35 PART 6. Committees. Section 6.01 Standing Committees. The standing committees of the Board shall be the following: Architect, Engineer, Landscape Architect, Interior Design, Continuing Education, Finance, Grants to Higher Education, Law and Rules/Policies, Licensure Outreach, Nominations, and Publications. Section 6.02 Architect, Engineer, Landscape Architect and Interior Design Committees. The Architect, Engineer, Landscape Architect and Interior Design Committees shall review applications for registration and continuing education audits for their respective professions, designate Board members to attend regional and annual national regulatory council meetings, and address other profession-specific issues as needed. The Architect Committee shall be composed of the three (3) architect Board members. The Engineer Committee shall be composed of the three (3) engineer Board members and the three (3) associate engineer members. The Landscape Architect Committee shall be composed of the landscape architect Board member, one (1) architect Board member, and one (1) engineer Board member; the landscape architect member shall serve as chair of this committee. The Interior Design Committee shall be composed of the interior designer Board member, one (1) architect Board member, and one (1) engineer Board member; the interior designer member shall serve as chair of this committee. Section 6.03 Continuing Education Committee. The Continuing Education Committee shall review continuing education rules, policies and procedures and recommend changes as needed. This committee shall consist of members from each profession regulated by the Board. Section 6.04 Finance Committee. The Finance Committee shall present quarterly financial reports to the Board and recommend changes to fees as needed. Section 6.05 Grants to Higher Education Committee. The Grants to Higher Education Committee shall review grant proposals, make recommendations to the full Board for disbursement of grant funds and recommend changes to grant guidelines as needed. This committee shall consist of members from each profession regulated by the Board. Section 6.06 Law and Rules/Policies Committee. The Law and Rules/Policies Committee shall review laws, rules and policies and recommend changes as needed. The committee shall also track and review legislation affecting the Board and make position recommendations to the full Board. This committee shall consist of members from each profession regulated by the Board. Section 6.07 Licensure Outreach Committee. The Licensure Outreach Committee shall explore avenues to promote licensure and plan meetings with deans/program directors of schools of architecture, engineering, landscape architecture and interior design. This committee shall consist of members from each profession regulated by the Board. 4

36 Section 6.08 Nominations Committee. The Nominations Committee shall review officer election criteria and procedures and recommend changes to the bylaws as needed, call for officer nominations, and present a slate of candidates to the full Board. This committee shall consist of members from each profession regulated by the Board. Section 6.09 Publications Committee. The Publications Committee shall suggest and prepare articles for inclusion in the Board newsletter, recommend changes to Board publications and documents, and develop new publications as needed. This committee shall consist of members from each profession regulated by the Board. Section 6.10 Special Committees and Task Forces. Special committees and task forces may be appointed at any time by the chair for any purpose pertinent to the work of the Board. Such committee or task force shall be assigned a specific charge or charges and time for completion of its work. Its membership shall be representative of the knowledge and experience required. PART 7. Executive Director. Section 7.01 Executive Director. Pursuant to T.C.A , the Board shall have an Executive Director who shall perform all administrative functions for the Board. The responsibilities of the Executive Director include, but are not limited to, the following: Supervise and coordinate all activities relating to the operation of the Board. Prepare and distribute meeting agendas under the direction of the Board and ensure that all meeting preparations have been made. Attend all meetings of the Board. Edit Board newsletters and other publications, including the Board website. Approve or deny applications following review by Board members. Make presentations to associations, students, etc. regarding registration and practice issues. Communicate with state and local professional societies about Board action. Participate in national regulatory council meetings. Monitor legislation that might affect the Board. Supervise preparation of travel requests and contracts. Prepare reports and conduct research as requested. Supervise Board staff. Routinely review and recommend changes to procedures, bylaws, policies, rules, and laws. Monitor Board revenue and expenses and prepare quarterly financial reports for the Board. Submit a proposed travel budget, meeting schedule, and list of application and exam deadlines for review and approval at the Board s annual planning session on an annual basis. PART 8. Amendments. 5

37 Section 8.01 Amendments. These bylaws may be amended at any Board meeting by an affirmative vote of a majority two-thirds of the Board members present and voting, provided that the proposed change was placed on the agenda written notice of the proposed change was given prior to the meeting. Authority: T.C.A (c). Administrative History: Adopted September 18, 2008; revised and adopted February 19, 2009; revised and adopted. 6

38 3949 Pender Drive Suite 120 Fairfax, VA Phone Fax CLARB Spring Meeting - Summary of Outcomes Coral Gables, Florida February 25 26, 2012 The Spring Meeting agenda was enhanced to enable members to have more focused discussions on strategically significant topics. The outcomes of these discussions include input received from participants in the pre-meeting conference calls, dial-in participants and members in attendance at the meeting. PLA Designation In the PLA discussions, our focus was to identity what the post nominal designation means to regulatory boards and how CLARB can support them. Julia Lent, ASLA Director of Government affairs provided a great foundation of facts and the boards represented were broadly supportive of a universal designation. There were two support requests: First, boards requested that CLARB develop model language to facilitate a more explicit and defensible base from which to enforce the illegal use of the designation. Of course not all boards require this but it was felt that having model language would help make the use of PLA ubiquitous. Second, there was broad endorsement of the need for an effective program to promote use of the designation. CLARB is seeking to provide input to ASLA s strategic level discussions that inform the communications campaign and has offered to facilitate continued dialogue with Member Boards in support of universal use and recognition. Change in LAAB Scope The Spring Meeting discussion of this issues was likely the time many CLARB members had been exposed to the proposed policy change and the rationale behind it and, accordingly, we received a great deal of questions, comments and critiques. Concerns focused primarily on the effect of policy on efforts to defend licensure, the impact on academic education (e.g. existing BLA and MLA programs), and facilitation of reciprocity. Generally speaking our feeling is that the standard for the accreditation of educational institutions is the responsibility of the profession informed by input from key stakeholders including CLARB Member Boards. Similarly, the standard for licensure is established in each jurisdiction by the individual regulatory boards and informed by policies, guidelines, and dialogue among key stakeholders including the profession. While our sense is that this change has the effect of widening the opportunity for entry into the licensure process, it is of course well understood that licensee candidates must ultimately meet experience requirements and pass a rigorous exam at a minimum to attain licensure. With respect to reciprocal licensure, there is no immediate plan to revisit CLARB Standards for Certification, which establishes a generally accepted standard for reciprocity among member boards. Current standards recognize a degree from an LAAB accredited institution as meeting the basic education standard. Of course there are alternative educational pathways (e.g. non landscape architecture degrees) that require additional experience in lieu of the above referenced educational pathway.

39 Exam Requirements The goal of the discussion was to identify a broadly acceptable exam standard that would allow for earlier entry into the exam process and would streamline the registration process for all candidates. The conversation was driven by three evolving realities: 1. Candidate attrition due to economic and other factors 2. New insights into exam success factors (CLARB s Determinants of Success study) 3. Impending changes related to the administration of the LARE Several jurisdictions require candidates to first apply directly to the jurisdiction (we call this pre-approval ) before they register for the exam due to experience requirements or other conditions that must be met prior to being eligible to sit for the exam. CLARB has asked the Boards to consider the following recommendations: All candidates apply for and register to take the exam with CLARB. Candidates would no longer be approved by the Board prior to taking the exam however CLARB can provide Boards with a list of candidates registered for the exam during each administration. After passing all sections of the exam, the applicant s Council Record would sent to the Board in support of their application for initial licensure. Candidates would still have to meet all Board requirements for becoming licensed (education, experience, exam) however they could complete their experience and exam requirements concurrently possibly reducing attrition and increasing the number of candidates and licensees. Overall, Member Boards were very receptive to working toward reducing or eliminating barriers for earlier entry to the exam. Several jurisdictions (California and North Carolina) have already begun the process of making or exploring change. In addition, Boards have asked CLARB to develop model language for boards to use that would allow for earlier entry into the exam process while maintaining the integrity of individual requirements for licensure. Continuing Education Requirements During the MBE Exchange, Member Board Executives identified the variance in requirements between jurisdictions and among the design professions that many jointly regulate as a potential source of confusion and inefficiency for licensees and boards. The spring meeting included an initial conversation on the current state of requirements. On the surface it looks as if there is general alignment between the recommended requirements of CLARB, NCARB, and NCEES and these three groups have also initiated a conversation on how there might be further harmonization and adoption across jurisdictions. Since this is high on the agenda of all the regulatory organizations and there seems to be somewhat of a consensus around 12 HSW annual hours with calendar year renewal, we will be moving our conversations forward to further consider the risks and benefits as well as a pathway to acceptance and implementation. Model Law/Regulators There are several instances where we see a potential need for updates to the Model Law/ Regulations, specifically as it relates to continuing education standards, PLA designation, eligibility for examination, and definition of welfare. The CLARB Board of Directors is reviewing the specific potential changes, related process, and timeline for implementation. Exam Transition As we approach the final administration of the current structure of the L.A.R.E., our discussions focused on understanding the needs of discreet candidate groups based on their exam status. We discussed how to most effectively communicate with candidates particularly as it relates to their questions and concerns. Generally speaking there are five basic groups: 1. Candidates who have passed sections A and B. These candidates are 50% complete and advised to take sections 3 and 4 which will be available in December 2012.