Department of State Division of Publications

For Department of State Use Only

312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243

Sequence Number: o~-01-19 Phone: 615-741-2650 Email: publications.informatlon@tn.qov

Rule ID(s):

File Date:

Effective Date: lo/Jo/11

Proposed Rule(s) Filing Form Proposed rules are submitted pursuant to Tenn. Code Ann. §§ 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State.

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to§ 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b).

Agency/Board/Commission: Division:

Contact Person:

Tennessee Board of Architectural and Engineering Examiners Division of Regulatory Boards, Dept. of Commerce and Insurance Tony Glandorf

Address: Zip:

Phone: Email:

500 James Robertson Parkway, Nashville, TN 37243 615-741-3072 Anthony. g landorf@tn.gov

Revision Type (check all that apply): x Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

ChaJ>ter Number / Chapter Title I 0120-01 ____ B~g_(stration B~~rements and Procedures

Number Rule Title 0120-01-.03 ___ Clarifications to Offering to Practice

SS-7038 (October 2018) 1 RDA 1693

Rules of the Tennessee Board of Architectural and Engineering Examiners Chapter 0120-01

Registration Requirements and Procedures

Paragraph 0120-01-.03(1) Clarifications to Offering to Practice is amended by adding a newly designated subparagraph so that as amended the rule shall read :

(1) The following items are not considered offering to practice architecture, engineering, or landscape architecture, provided that the architect, engineer or landscape architect is registered in another jurisdiction:

(a) Advertising in publications or electronic media, provided there is no holding out of professional services in jurisdictions where not registered .

(b) Responding to letters of inquiry regarding requests for proposals or requests for qualifications, provided there is written disclosure that the architect, engineer, or landscape architect is not registered in Tennessee and the response is limited to inquiries regarding scope of project and to demonstrate interest.

(c) Responding to letters of inquiry from prospective clients, provided there is written disclosure that the architect, engineer, or landscape architect is not registered in Tennessee and the response is limited to inquiries regarding scope of project and to demonstrate interest.

(d) Using the title "engineer," "architect," "landscape architect," or any appellation thereof, provided that the individual using the title is registered in another jurisdiction and clearly specifies the jurisdiction in which they are registered following the title so as not to mislead the public regarding their credentials.

(e) Using the title "engineer," "architect, " "landscape architect," or any appellation thereof in communications from an office in the jurisdiction where registration is held.

(f) Any person gaining practical experience in an office of a practicing architect may use the title, appellation or designation "architectural associate".

(2) Notwithstanding paragraph (1), proposals may not be submitted, contracts signed, nor work commenced until the architect, engineer, or landscape architect becomes registered in Tennessee, unless the architect, engineer, or landscape architect is either acting as a consulting associate in accordance with T.C.A. § 62-2-103(2) or working under the responsible charge of a Tennessee registrant.

Authority: T.C.A. §§ 62-2-101, 62-2-103, and 62-2-203(c).

SS-7038 (October 2018) 2 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Susan K. Ballard, X RID Frank W. Wagster, X RA Ricky Bursi , PE X Robert Campbell, X Jr. PE R. Blair Parker, X RLA Richard D. X Thompson, RA Brian Tibbs, RA X Kathryn S. Ware, X PE

I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the Board on April 4 1 2019 , and is in compliance with the provisions of T.C.A. § 4-5-222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State.

Date: ------>.L!:~~(0~z ~+--------,~ ,------...----

Signature: -~'-=-"::i.=e:::.._~-"" -,,L--___,/4=---c~"""""..-=..::::a;.;,~,.......=::__----- --

Name of Officer: _A_n_th_o_n..._y_G_la_n_d_o_rf _ __ · ____________ _

Title of Officer: Chief Counsel

Subscribed and sworn to before me on: _0~u"""\....,,i..,._\.:....1.._~-+-1._ 0_;l::....°\....:,__ ______ _

Notary Public Signature: - ~--+~-=--..... ~__::_~....:(N:;__'@"'-+¥--=-"-'1 ______ _

My commission expires on: __ tJ~ -o_\\_ ._t:,_+-j 'L,O __ \_q~-------

SS-7038 {October 2018) 3 RDA 1693

Agency/Board/Commission: Tennessee Board of Architectural and Engineering Examiners

Rule Chapter Number(s): _0_1_2_0_-0_1 ____ _ ____________________ _

All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

SS-7038 {October 2018)

Herbert H atery 11 1 Attorney General and Reporter

7trfl>/'t Date

Filed with the Department of State on: ------'~"-+-/'---I, /~J_'1...,__ _____ _

4

Effective on: -----'1-=-+-'0 3""-'<...4~ c...<......1.J=- --

I Tre Hargett Secretary of State

.: r

.(/. ,!"! -

_, '

RDA 1693

Regulatory Flexibility Addendum

Pursuant to TC.A§§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

1) The type or types of small businesses and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule.

The amendment to Rule 0120-01-.03(1) would affect small businesses which employ any person gaining practical experience in the office of a practicing architect. This rule would directly benefit those small businesses by allowing the persons gaining practical experience to refer to themselves as "architectural associates". This title is projected to decrease confusion among the public.

Currently, in Tennessee, there are around one thousand nine hundred (1,900) registered Architecture firms, around four thousand five hundred (4,500) registered Engineering firms, and around two hundred (200) registered Landscape Architecture Firms; the majority of these would be considered a small business in Tennessee and thus would benefit from the rule amendment.

(2) The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed rule. including the type of professional skills necessary for preparation of the report or record.

There is no projected reporting, recordkeeping, or other administrative cost associated with the amendments to Rule 0120-01-.03(1).

(3) A statement of the probable effect on impacted small businesses and consumers.

The probable effect on impacted small businesses and consumers from the amendment to Rule 0120-01-.03(1) would be less confusion regarding the knowledge and skills of those working toward registration as a licensed architect. Persons gaining practical experience under a registered architect may obtain more jobs with the title "architectural associate" than with the previous title "intern architect" as much of the public does not understand the education and skills required to obtain this previous designation.

(4) A description of any less burdensome. less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business.

The Board believes that these changes are not burdensome, intrusive or costly and - as such - there do not appear to be any alternatives that would reasonably be expected to be less burdensome.

(5) A comparison of the proposed rule with any federal or state counterparts.

This rule does not have any federal or state counterparts.

(6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule.

Exemption from these rules would not be expected to be beneficial for small businesses, as uniformity among the profession is important to maintain consistency and quality of the work performed by licensed engineers, architects, and landscape architects. All expected effects would be positive for small businesses.

SS-7038 (October 2018} 5 RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://publications.tnsosfiles.com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

The rule changes are not expected to impact local government.

SS-7038 (October 2018) 6 RDA 1693

Additional Information Required by Joint Government Operations Committee,

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

The amendment to Rule 0120-01-03(1) allows a person gaining practical experience in an office of a practicing architect to use the title "architectural associate".

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

I There is no known state or federal law mandating the promulgation of this rule.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

This amendment will directly affect persons gaining practical experience in an office of a practicing architect and the offices that em lo such ersons. The Board ur es ado tion of this amendment.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

There are no known opinions of the Attorney General and Reporter or any judicial ruling that directly relates to this rule.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

This rule is not estimated to have a probable increase or decrease in state or local government revenue and ex enditures.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Roxana Gumucio, Executive Director Tennessee Department of Commerce and Insurance Davy Crockett Tower, 9th Floor 500 James Robertson Pkwy, Nashville, TN 37243 roxana.gumucio@tn.gov

Tony Glandorf, Chief Counsel Tennessee Department of Commerce and Insurance Davy Crockett Tower, 12'h Floor 500 James Robertson Pkwy, Nashville, TN 37243 Anthony .Qlandorf@tn. QOV

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Roxana Gumucio, Executive Director Ton Glandorf, Chief Counsel

SS-7038 (October 2018) 7 RDA 1693

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Roxana Gumucio, Executive Director Tennessee Department of Commerce and Insurance Davy Crockett Tower, 9th Floor 500 James Robertson Pkwy, Nashville, TN 37243 roxana.gumucio@tn.gov

Tony Glandorf, Chief Counsel Tennessee Department of Commerce and Insurance Davy Crockett Tower, 12'h Floor 500 James Robertson Pkwy, Nashville, TN 37243 Anthony.glandorf<@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

I There is no known additional relevant information.

SS-7038 (October 2018) 8 RDA 1693

Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243

For Department of State Use Only

Sequence Number:

Phone: 615-7 41-2650 Email: publications.information@tn.gov

Rule ID(s):

File Date:

Effective Date:

Proposed Rule(s) Filing Form - Redline Proposed rules are submitted pursuant to Tenn. Code Ann. §§ 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State.

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to§ 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b).

Agency/Board/Commission: Division:

Contact Person:

Tennessee Board of Architectural and Engineering Examiners Division of Regulatory Boards, Dept. of Commerce and Insurance Tony Glandorf

Address: Zip:

Phone: Email:

500 James Robertson Parkway, Nashville, TN 37243 615-741-3072 Anthony.glandorf@tn.gov

Revision Type (check all that apply): x Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

Chapter Number 0120-01 Rule Number 0120-01-.03 ---

Chapter Title !3egistration Reguirements and Procedures Rule Title

___g_arifications to Offering to Practice

SS-7038 (October 2018) 1 RDA 1693

Rules of the Tennessee Board of Architectural and Engineering Examiners Chapter 0120-01

Registration Requirements and Procedures

Paragraph 0120-01-.03(1) Clarifications to Offering to Practice is amended by adding a newly designated subparagraph so that as amended the rule shall read:

(1) The following items are not considered offering to practice architecture, engineering, or landscape architecture, provided that the architect, engineer or landscape architect is registered in another jurisdiction:

(a)

(b)

(c)

(d)

(e)

{f)

Advertising in publications or electronic media, provided there is no holding out of professional services in jurisdictions where not registered.

Responding to letters of inquiry regarding requests for proposals or requests for qualifications, provided there is written disclosure that the architect, engineer, or landscape architect is not registered in Tennessee and the response is limited to inquiries regarding scope of project and to demonstrate interest.

Responding to letters of inquiry from prospective clients, provided there is written disclosure that the architect, engineer, or landscape architect is not registered in Tennessee and the response is limited to inquiries regarding scope of project and to demonstrate interest.

Using the title "engineer," "architect," "landscape architect," or any appellation thereof, provided that the individual using the title is registered in another jurisdiction and clearly specifies the jurisdiction in which they are registered following the title so as not to mislead the public regarding their credentials.

Using the title "engineer," "architect," "landscape architect," or any appellation thereof in communications from an office in the jurisdiction where registration is held.

Any person gaining practical experience In an office of a practicing architect mav use the title, appellation or designation "architectural associate".

(2) Notwithstanding paragraph (1 ), proposals may not be submitted, contracts signed, nor work commenced until the architect, engineer, or landscape architect becomes registered in Tennessee, unless the architect, engineer, or landscape architect is either acting as a consulting associate in accordance with T.C.A. § 62-2-103(2) or working under the responsible charge of a Tennessee registrant.

Authority: T.C.A. §§ 62-2-101, 62-2-103, and 62-2-203(c).

SS-7038 (October 2018) 2 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Susan K. Ballard, X RID Frank W. Wagster, X RA Ricky Bursi, PE X Robert Campbell, X Jr. PE R. Blair Parker, X RLA Richard D. X Thompson, RA Brian Tibbs, RA X Kathryn S. Ware, X PE

I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the Board on April 4, 2019 , and is in compliance with the provisions of T.C.A. § 4-5-222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State.

Date:

Signature: ____________________ _

Name of Officer: Anthony Glandorf

Title of Officer: Chief Counsel

Subscribed and sworn to before me on:

Notary Public Signature:

My commission expires on: _________________ _

SS-7038 (October 2018} 3 RDA 1693

Agency/Board/Commission: Tennessee Board of Architectural and Engineering Examiners

Rule Chapter Number(s): 0120-01 ----------- - -------------------All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

Filed with the Department of State on:

Effective on:

SS-7038 (October 2018) 4

Herbert H. Slatery Ill Attorney General and Reporter

Date

Tre Hargett Secretary of State

RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

1) The type or types of small businesses and an identification and estimate of the number of small businesses subject to the proposed ru le that would bear the cost of, or directly benefit from the proposed rule.

The amendment to Rule 0120-01-.03(1) would affect small businesses which employ any person gaining practical experience in the office of a practicing architect. This rule would directly benefit those small businesses by allowing the persons gaining practical experience to refer to themselves as "architectural associates". This title is projected to decrease confusion among the public.

Currently, in Tennessee, there are around one thousand nine hundred (1,900) registered Architecture firms, around four thousand five hundred (4,500) registered Engineering firms, and around two hundred (200) registered Landscape Architecture Firms; the majority of these would be considered a small business in Tennessee and thus would benefit from the rule amendment.

(2) The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record.

There is no projected reporting, recordkeeping, or other administrative cost associated with the amendments to Rule 0120-01-.03(1).

(3) A statement of the probable effect on impacted small businesses and consumers.

The probable effect on impacted small businesses and consumers from the amendment to Rule 0120-01-.03(1) would be less confusion regarding the knowledge and skills of those working toward registration as a licensed architect. Persons gaining practical experience under a registered architect may obtain more jobs with the title "architectural associate" than with the previous title "intern architect" as much of the public does not understand the education and skills required to obtain this previous designation.

(4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist. and to what extent the alternative means might be less burdensome to small business.

The Board believes that these changes are not burdensome, intrusive or costly and - as such - there do not appear to be any alternatives that would reasonably be expected to be less burdensome.

(5) A comparison of the proposed rule with any federal or state counterparts.

This rule does not have any federal or state counterparts.

(6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule.

Exemption from these rules would not be expected to be beneficial for small businesses, as uniformity among the profession is important to maintain consistency and quality of the work performed by licensed engineers, architects, and landscape architects. All expected effects would be positive for small businesses.

SS-7038 (October 2018) 5 RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://publications.tnsosfiles.com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

The rule changes are not expected to impact local government.

SS-7038 (October 2018) 6 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

The amendment to Rule 0120-01-03(1) allows a person gaining practical experience in an office of a practicing architect to use the title "architectural associate".

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

I There is no known state or federal law mandating the promulgation of this rule.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

This amendment will directly affect persons gaining practical experience in an office of a practicing architect and the offices that em lo such ersons. The Board ur es ado tion of this amendment.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

There are no known opinions of the Attorney General and Reporter or any judicial ruling that directly relates to this rule.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

This rule is not estimated to have a probable increase or decrease in state or local government revenue and ex enditures.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Roxana Gumucio, Executive Director Tennessee Department of Commerce and Insurance Davy Crockett Tower, 9th Floor 500 James Robertson Pkwy, Nashville, TN 37243 roxana.gumucio@tn.gov

Tony Glandorf, Chief Counsel Tennessee Department of Commerce and Insurance Davy Crockett Tower, 1ih Floor 500 James Robertson Pkwy, Nashville, TN 37243 Anthonv.alandorf@tn.aov

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Roxana Gumucio, Executive Director Ton Glandorf, Chief Counsel

SS-7038 (October 2018} 7 RDA 1693

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Roxana Gumucio, Executive Director Tennessee Department of Commerce and Insurance Davy Crockett Tower, 9th Floor 500 James Robertson Pkwy, Nashville, TN 37243 roxana.gumucio@tn.gov

Tony Glandorf, Chief Counsel Tennessee Department of Commerce and Insurance Davy Crockett Tower, 1ih Floor 500 James Robertson Pkwy, Nashville, TN 37243 Anthony.glandorf(@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

I There is no known additional relevant information.

SS-7038 (October 2018) 8 RDA 1693