OFFICE OF THE SECRETARY OF STATE ARCHIVES DIVISION BEV CLARNO STEPHANIE CLARK SECRETARY OF STATE DIRECTOR A. RICHARD VIAL 800 SUMMER STREET NE DEPUTY SECRETARY OF STATE SALEM, OR 97310 503-373-0701 NOTICE OF PROPOSED RULEMAKING INCLUDING STATEMENT OF NEED & FISCAL IMPACT FILED 10/07/2019 2:19 PM CHAPTER 820 ARCHIVES DIVISION BOARD OF EXAMINERS FOR ENGINEERING AND LAND SURVEYING SECRETARY OF STATE FILING CAPTION: Amend rule related to the administration of the Oregon Specific Acoustical Examination LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 11/21/2019 5:00 PM The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business. A public rulemaking hearing may be requested in writing by 10 or more people, or by a group with 10 or more members, within 21 days following the publication of the Notice of Proposed Rulemaking in the Oregon Bulletin or 28 days from the date the Notice was sent to people on the agency mailing list, whichever is later. If sufficient hearing requests are received, the notice of the date and time of the rulemaking hearing must be published in the Oregon Bulletin at least 14 days before the hearing. CONTACT: Jenn Gilbert 670 Hawthorne Avenue, SE Filed By: 503-934-2107 Salem,OR 97301 Jenn Gilbert [email protected] Rules Coordinator NEED FOR THE RULE(S): To remove the Acoustical Engineering examination from those administered by the Board. The Board does not have an approved examination to test qualifications for licensure specifically to the the Acoustical branch. Other examinations developed and scored by NCEES qualify. DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: Board and committee meeting minutes are available on the Board's website at www.oregon.gov/OSBEELS. In addition, the examination syllabuses for the NCEES examinations can be found on their website at www.ncees.org. FISCAL AND ECONOMIC IMPACT: Unknown, minimal if any. The Acoustical Engineering examination has been suspended since 2015. COST OF COMPLIANCE: (1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost of professional services, equipment supplies, labor and increased administration required to comply with the rule(s). The economic impact of the rule change on the public will be minimal. There will be no impact on individuals currently registered as Professional Engineers in Oregon. Individuals who are not currently registered but wish to become registered in the future and offer acoustical engineering services may still do so by passing a NCEES Principles and Practice Examination. Multiple NCEES Principles and Practice Exams include subject matter related to noise control, acoustics, and vibration. Therefore, individuals who pass these NCEES exams would need to knowledgeable of acoustical engineering topics. Page 1 of 4 Similarly, if a member of the public wishes to procure acoustical engineering services, they may do so from any registered Professional Engineer who is competent to perform the work in accordance with OAR 820-020-0020. Therefore, there should not be any noticeable effect on the availability or cost of acoustical engineering services. DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S): Small businesses were not directly involved. However, several Board members work for or have worked for small businesses. WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED? NO IF NOT, WHY NOT? The public meetings where these discussions are held are open and Notices and Agendas are sent to interested parties, the Board's professional associations, and posted to the Board's website. AMEND: 820-010-1010 RULE SUMMARY: The proposed revisions remove the administration of the Acoustical Engineering examinations from the Oregon Specific examinations. The language still provides that the Board will continue to recognize the examination as qualifying for registration from the period it was administered. CHANGES TO RULE: 820-010-1010 Principles and Practice of Engineering Examinations ¶ NCEES Examinations. The uniform, national examinations are written and scored by the NCEES, and administered by NCEES Exam Administration Services in Spring and Fall.¶ NOTE: Consult NCEES for examination dates, times, locations, costs, and details.¶ (1) The NCEES-examined branches of professional engineering recognized by the Board are:¶ (a) Agricultural (Agricultural and Biological Engineering NCEES examination).¶ (b) Building Systems (Architectural Engineering NCEES examination).¶ (c) Chemical.¶ (d) Civil.¶ (e) Control Systems.¶ (f) Electrical (Electrical and Computer Engineering NCEES examination).¶ (g) Environmental.¶ (h) Fire Protection.¶ (i) Industrial and Systems.¶ (j) Manufacturing (for applicants that passed the NCEES manufacturing examination between 1993 - 2005).¶ (k) Mechanical.¶ (l) Metallurgical (Metallurgical and Materials Engineering NCEES examination).¶ (m) Mining and Mineral Processing ( for applicants that passed the NCEES Mining/Mineral examination between 1960 - 1992).¶ (n) Naval Architecture and Marine.¶ (o) Nuclear.¶ (p) Petroleum (for applicants that passed the NCEES Petroleum examination between 1981 - 1986).¶ (2) California state-specific examinations approved and California-examined branches of professional engineering recognized:¶ (a) Civil, effective September 30, 2018. (For applicants who passed the California state Civil examination administered in 1973).¶ Page 2 of 4 (b) Geotechnical. Before sitting for the California Geotechnical Engineering Examination, an exam candidate must;¶ (a) Complete a pre-registration form approved by the OSBEELS; and¶ (b) Submit a check or money order to the OSBEELS in the amount of $150.00, payable to "California Board for Professional Engineers, Land Surveyors, and Geologists."¶ NOTE: The California Geotechnical Engineering Examination is written, scored, and administered by the State of California, but is available at Oregon test sites. Consult the California Board for Professional Engineers, Land Surveyors, and Geologists for examination dates, times, test site locations, cost, and details¶ (3) Oregon Specific Examinations. The Oregon Specific examinations are written, scored, and administered by the Board.¶ NOTE: See http://www.oregon.gov/OSBEELS/Pages/index.aspx for examination dates, times, costs, and details.¶ (a) Oregon and Washington examination branches recognized by the Board are:¶ (A) Acoustical (for applicants that passed the Oregon Specific Acoustical engineering examination prior to October 2015).¶ (B) Forest. (including for applicants that passed the Oregon Specific Logging examination, the Washington Logging examination or the Washington Forest examination, and for applicants that passed the joint Oregon/Washington forestry examination).¶ (b) The Acoustical Engineering Examination and Forest Engineering Examination are each held once a year, in April. To sit for the Acoustical Engineering Examination or Forest Engineering Examination, a completed Examination form and required examination fee must be postmarked or hand delivered to the Board office by 5:00 p.m. on February 1.¶ (c) To withdraw from the Acoustical Engineering Examination oro withdraw from the Forest Engineering Examination, and forward the Examination form and examination fees to the following year, a written request to withdraw and forward the Examination form and examination fees must be received by the Board offices no later than March 1. Examination forms and fees may only be forwarded upon withdrawal once. After one withdrawal, the original Examination form will no longer be forwarded and examination fees will not be forwarded or refunded.¶ (dc) To withdraw from the Acoustical Engineering Examination or Forest Engineering Examination without forwarding, and request a refund of the fees, a written request to withdraw and for the fees to be refunded must be received by the Board offices no later than March 1. After one withdrawal, examination fees will not be refunded.¶ (ed) The cutoff scores for the Acoustical Engineering Examination and Forest Engineering Examination are is70 points out of 100 points.¶ (fe) Examinees may request reasonable accommodations to the examination's administration.¶ (A) Reasonable accommodations will be provided for examinees who have a documented disability within the meaning of the Americans with Disabilities Act of 1990. Reasonable accommodations may be provided for examinees whose religious convictions prohibit them from testing on the scheduled examination dates.¶ (B) Requests for reasonable accommodations must be submitted on the Board approved form, and accompanied by supporting documentation, by the deadline of February 1.¶ (4) Review of Examinations. With respect to the Acoustical Engineering and Forest Engineering Examinations administered by the Board, the Applicant may submit a written request to review the Applicant's own examination results. The Board will allow a two-hour examination review when the Applicant failed the examination and the Applicant achieved a score within five points of the cutoff score. With respect to such reviews;¶ (a) The Applicant may examine the test booklet,