1.1 	A bill for an act
1.2 	relating to professions; changing interior designer
1.3 	certification to licensure; amending Minnesota
1.4 	Statutes 2004, sections 326.02, subdivisions 1, 3a,
1.5 	4b, 5; 326.03, subdivisions 1, 4; 326.031; 326.04;
1.6 	326.05; 326.09; 326.10, subdivisions 1, 2a, 8, 9;
1.7 	326.105; 326.107, subdivision 1; 326.11, subdivision
1.8 	1; 326.111; 326.12; 326.13; 326.14.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 326.02,
1.11 	subdivision 1, is amended to read:
1.12 		Subdivision 1.registration licensure mandatory.  In
1.13 	order to safeguard life, health, and property, and to promote
1.14 	the public welfare, any person in either public or private
1.15 	capacity practicing, or offering to practice, architecture,
1.16 	professional engineering, land surveying, landscape
1.17 	architecture, or professional geoscience, or using the title
1.18 	certified licensed interior designer design in this state,
1.19 	either as an individual, a copartner, or as agent of another,
1.20 	shall be licensed or certified as hereinafter provided.  It
1.21 	shall be unlawful for any person to practice, or to offer to
1.22 	practice, in this state, architecture, professional engineering,
1.23 	land surveying, landscape architecture, or professional
1.24 	geoscience, or to use the title certified licensed interior
1.25 	designer design, or to solicit or to contract to furnish work
1.26 	within the terms of sections 326.02 to 326.15, or to use in
1.27 	connection with the person's name, or to otherwise assume, use
2.1 	or advertise any title or description tending to convey the
2.2 	impression that the person is an architect, professional
2.3 	engineer (hereinafter called engineer), land surveyor, landscape
2.4 	architect, professional geoscientist (hereinafter called
2.5 	geoscientist), or certified licensed interior designer, unless
2.6 	such person is qualified by licensure or certification under
2.7 	sections 326.02 to 326.15.  This subdivision does not preclude
2.8 	an individual who retired from one of the professions listed in
2.9 	this subdivision from using the designation architect,
2.10 	professional engineer, land surveyor, landscape architect,
2.11 	professional geoscientist, or certified licensed interior
2.12 	designer as long as the designation is preceded by the word
2.13 	"retired" and the individual was licensed or certified in the
2.14 	designated profession in the state of Minnesota on the date the
2.15 	individual retired from the designated profession and the
2.16 	individual's license or certification was not subsequently
2.17 	revoked by the Board of Architecture, Engineering, Land
2.18 	Surveying, Landscape Architecture, Geoscience, and Interior
2.19 	Design.

2.20 	Sec. 2. Minnesota Statutes 2004, section 326.02,
2.21 	subdivision 3a, is amended to read:
2.22 		Subd. 3a.Practice of professional geoscience.  A person
2.23 	is considered to be practicing professional geoscience within
2.24 	the meaning of sections 326.02 to 326.15 who holds out as being
2.25 	able to perform or who does perform any technical professional
2.26 	services, the adequate performance of which requires
2.27 	professional geoscience education, training, and experience in
2.28 	the application of special knowledge of the mathematical,
2.29 	physical, chemical, biological, and earth sciences to such
2.30 	services or creative work as consultation, investigation,
2.31 	evaluation, planning, mapping, and inspection of geoscientific
2.32 	work and its responsible supervision.
2.33 	A person is considered to practice or offer to practice
2.34 	professional geoscience, within the meaning and intent of
2.35 	sections 326.02 to 326.15 who practices any of the geoscience
2.36 	disciplines defined by the board; who by verbal claim, sign,
3.1 	advertisement, letterhead, card, or in any other way represents
3.2 	oneself to be a professional geoscientist; through the use of
3.3 	some other title implies that the person is a professional
3.4 	geoscientist; or who presents oneself as able to perform or who
3.5 	does perform any geoscience services or that constitutes the
3.6 	practice of a professional geoscience discipline as defined by
3.7 	the board.
3.8 	"Geoscience" means the science which includes treatment of
3.9 	the earth and its origin and history; the investigation,
3.10 	measurement or sampling, of the earth's constituent rocks,
3.11 	natural and induced fields of force, minerals, fossils, solids,
3.12 	soils, fluids including surface and underground waters, gases,
3.13 	and other materials; and the study, interpretation, and analysis
3.14 	of the natural agents, forces, and processes which cause changes
3.15 	in the earth.
3.16 	Nothing in this subdivision shall be construed to prevent a
3.17 	professional engineer, as defined in sections 326.02 to 326.15,
3.18 	from acquiring engineering data involving soil, rock,
3.19 	groundwater, and other earth materials; evaluating physical and
3.20 	chemical properties of soil, rock, groundwater, and other earth
3.21 	materials for engineering; and from utilizing these data for
3.22 	analysis, design, and construction.  Nothing in this subdivision
3.23 	shall be construed to permit a professional geoscientist to
3.24 	engage in the practice of professional engineering,
3.25 	architecture, landscape architecture, or land surveying or to
3.26 	use the title "certified licensed interior design " as those
3.27 	terms are defined in this section.  Nothing in this subdivision
3.28 	shall be construed to regulate persons who take soil samples for
3.29 	the purpose of providing recommendations on crop production.

3.30 	Sec. 3. Minnesota Statutes 2004, section 326.02,
3.31 	subdivision 4b, is amended to read:
3.32 		Subd. 4b.certified practice of licensed interior
3.33 	designer design.  (a) For the purposes A person is practicing
3.34 	licensed interior design, within the meaning of sections 326.02
3.35 	to 326.15, "certified interior designer" means a person who is
3.36 	certified under section 326.10, to use the title certified
4.1 	interior designer and who provides services holds out as being
4.2 	able to perform or who does perform any professional service in
4.3 	connection with the planning,design, or administration of
4.4 	construction of any private or public interior spaces, including
4.5 	preparation of documents relative to non-load-bearing interior
4.6 	construction, programming, space planning, finish materials, and
4.7 	furnishings. For the purposes of this paragraph,
4.8 	"administration" is a professional service as distinguished from
4.9 	superintending of construction and means the performance of
4.10 	reasonable and ordinary on-site observations to determine that
4.11 	the interior construction is in substantial compliance with the
4.12 	approved drawings, plans, and specifications.
4.13 	(b) Licensed interior designers produce creative and
4.14 	technical solutions within an interior area of a building that
4.15 	protect the occupants' life, health, safety, and welfare, that
4.16 	are functional, that enhance the quality of life for the
4.17 	occupants, and that are aesthetically attractive using a
4.18 	systematic and coordinated method, including research, analysis,
4.19 	and integration of knowledge.  Designs for the alteration or
4.20 	construction of an interior area are created in response to and
4.21 	coordinated with the building systems, consider the physical
4.22 	location and social context of the building, and adhere to
4.23 	statutory and regulatory requirements.  Licensed interior
4.24 	designers are qualified by means of education, experience, and
4.25 	examination.
4.26 	(c) Nothing contained in sections 326.02 to 326.15
4.27 	concerning the practice of licensed interior design may be
4.28 	construed to apply to:
4.29 	(b) No person may use the title certified interior designer
4.30 	unless that person has been certified as an interior designer or
4.31 	has been exempted by the board.  Registered architects may be
4.32 	certified (1) an architect licensed under the laws of this
4.33 	state, who practices interior design without additional testing.
4.34 	Persons represent themselves qualifications, but does not hold
4.35 	out to the public as certified a licensed interior designers if
4.36 	they use a title that incorporates the words certified interior 
5.1 	designer.unless the architect has fulfilled education,
5.2 	experience, and examination requirements under Minnesota Rules,
5.3 	part 1800.2100;
5.4 	(c) Nothing in this section prohibits the use of the title
5.5 	interior designer or the term interior design by persons not
5.6 	certified by the board.
5.7 	(d) Nothing in this section restricts persons not certified
5.8 	by the board from providing interior design services and from
5.9 	saying that they provide such services, as long as they do not
5.10 	use the title certified interior designer.
5.11 	(2) an employee of a retail establishment providing
5.12 	consultation regarding interior decoration, furnishings, or
5.13 	cabinetry on the premises of the retail establishment or in the
5.14 	furtherance of a retail sale or prospective retail sale, who
5.15 	does not hold out to the public as a licensed interior designer;
5.16 	or 
5.17 	(3) a person who provides decorative services or assistance
5.18 	in selection, sale, lease, or supply of surface materials,
5.19 	window treatments, wall coverings, paint, floor coverings,
5.20 	surface-mounted fixtures, and loose furnishings in buildings as
5.21 	described in section 326.03, who does not hold out to the public
5.22 	as a licensed interior designer.
5.23 	(d) No person may use the designation licensed interior
5.24 	designer or any title or device indicating or representing that
5.25 	the person is a licensed interior designer or is practicing
5.26 	licensed interior design unless the person is licensed under the
5.27 	provisions of sections 326.02 to 326.15.
5.28 	(e) Nothing in this section authorizes certified licensed 
5.29 	interior designers to engage in the practice of architecture as
5.30 	defined in subdivision 2 or the practice of engineering as
5.31 	defined in subdivision 3.

5.32 	Sec. 4. Minnesota Statutes 2004, section 326.02,
5.33 	subdivision 5, is amended to read:
5.34 		Subd. 5.Limitation.  The provisions of sections 326.02
5.35 	to 326.15 shall not apply to the preparation of plans and
5.36 	specifications for the erection, enlargement, or alteration of
6.1 	any building or other structure by any person, for that person's
6.2 	exclusive occupancy or use, unless such occupancy or use
6.3 	involves the public health or safety or the health or safety of
6.4 	the employees of said person, or of the buildings listed in
6.5 	section 326.03, subdivision 2, nor to any detailed or shop plans
6.6 	required to be furnished by a contractor to a registered 
6.7 	licensed engineer, landscape architect, architect, or certified 
6.8 	licensed interior designer, nor to any standardized manufactured
6.9 	product, nor to any construction superintendent supervising the
6.10 	execution of work designed by an architect, landscape architect,
6.11 	engineer, or certified licensed interior designer licensed or
6.12 	certified in accordance with section 326.03, nor to the planning
6.13 	for and supervision of the construction and installation of work
6.14 	by an electrical contractor or master plumber as defined in and
6.15 	licensed pursuant to this chapter, where such work is within the
6.16 	scope of such licensed activity and not within the practice of
6.17 	professional engineering, or architecture, or where the person
6.18 	does not claim to be a certified licensed interior designer 
6.19 	design as defined in subdivision 2, 3, or 4b.

6.20 	Sec. 5. Minnesota Statutes 2004, section 326.03,
6.21 	subdivision 1, is amended to read:
6.22 		Subdivision 1.Plans; documents.  No person, except an
6.23 	architect, engineer, land surveyor, landscape architect,
6.24 	geoscientist, or certified a licensed interior designer,
6.25 	licensed or certified as provided for in sections 326.02 to
6.26 	326.15,shall practice architecture, professional engineering,
6.27 	land surveying, landscape architecture, or professional
6.28 	geoscience, or use the title certified licensed interior
6.29 	designer design, respectively, in the preparation of plans,
6.30 	specifications, reports, plats or other architectural,
6.31 	engineering, land surveying, landscape architectural,
6.32 	geoscientific, or interior design documents, or in the
6.33 	observation of architectural, engineering, land surveying,
6.34 	landscape architectural, geoscientific, or interior design
6.35 	projects.  In preparation of such documents, reasonable care
6.36 	shall be given to compliance with applicable laws, ordinances,
7.1 	and building codes relating to design.

7.2 	Sec. 6. Minnesota Statutes 2004, section 326.03,
7.3 	subdivision 4, is amended to read:
7.4 		Subd. 4.Exception for persons elected in office. The
7.5 	provisions hereof shall This section does not apply to any
7.6 	person holding an elective office when in discharging the duties
7.7 	thereof such of the office the person is required to do work or
7.8 	perform service of the character of work or service usually done
7.9 	or performed by an architect, engineer, land surveyor, landscape
7.10 	architect, or geoscientist, or licensed interior designer.

7.11 	Sec. 7. Minnesota Statutes 2004, section 326.031, is
7.12 	amended to read:
7.13 	326.031 SPECIFICATIONS FOR PUBLIC FACILITIES, USE OF BRAND
7.14 	NAMES.
7.15 	Any engineer, architect, certified licensed interior
7.16 	designer, or other person preparing specifications with respect
7.17 	to a contract for the construction of any facility for the
7.18 	state, or any agency or department thereof, or for any county,
7.19 	city, town, or school district, shall at the time of submitting
7.20 	such specifications to the governing body of the organization
7.21 	requesting the specifications, submit to such body, in writing,
7.22 	a list showing each item in the specifications which has been
7.23 	specified by brand name, unless such specifications allow for
7.24 	the consideration of an equal.

7.25 	Sec. 8. Minnesota Statutes 2004, section 326.04, is
7.26 	amended to read:
7.27 	326.04 BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING,
7.28 	LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN.
7.29 	To carry out the provisions of sections 326.02 to 326.15
7.30 	there is hereby created a Board of Architecture, Engineering,
7.31 	Land Surveying, Landscape Architecture, Geoscience, and Interior
7.32 	Design consisting of 21 members, who shall be appointed by the
7.33 	governor.  Three members shall be licensed architects, five
7.34 	members shall be licensed engineers, two members shall be
7.35 	licensed landscape architects, two members shall be licensed
7.36 	land surveyors, two members shall be certified licensed interior
8.1 	designers, two members shall be licensed geoscientists, and five
8.2 	members shall be public members.  Not more than one member of
8.3 	the board shall be from the same branch of the profession of
8.4 	engineering. The first professional geoscientist members shall
8.5 	be appointed as soon as possible and no later than October 1,
8.6 	1995.  One of these members shall serve for a term to end
8.7 	January 1, 1997.  The other member shall serve for a term to end
8.8 	January 1, 1999.  The second licensed landscape architect and
8.9 	certified interior designer members shall be appointed to
8.10 	succeed the two public members whose terms end on January 1,
8.11 	1996.  The second licensed landscape architect and certified
8.12 	interior designer members shall be appointed by the governor no
8.13 	later than October 1, 1995, and shall serve a term to end on
8.14 	January 1, 2000.  During the time from the appointment of these
8.15 	members until January 1, 1996, the board shall consist of 23
8.16 	members.Membership terms, compensation of members, removal of
8.17 	members, the filling of membership vacancies, and fiscal year
8.18 	and reporting requirements shall be as provided in sections
8.19 	214.07 to 214.09.  Members shall be limited to two terms.  The
8.20 	provision of staff, administrative services and office space;
8.21 	the review and processing of complaints; the setting of board
8.22 	fees; and other provisions relating to board operations shall be
8.23 	as provided in chapter 214.

8.24 	Sec. 9. Minnesota Statutes 2004, section 326.05, is
8.25 	amended to read:
8.26 	326.05 QUALIFICATIONS OF BOARD MEMBERS.
8.27 	Each member of the board shall be a resident of this state
8.28 	at the time of and throughout the member's appointment.  Each
8.29 	member except the public members shall have been engaged in the
8.30 	practice of the relevant profession for at least ten years and
8.31 	shall have been in responsible charge of professional work
8.32 	requiring licensure as an architect, engineer, land surveyor,
8.33 	landscape architect, or geoscientist, or licensure or 
8.34 	certification as an interior designer for at least five years.

8.35 	Sec. 10. Minnesota Statutes 2004, section 326.09, is
8.36 	amended to read:
9.1 	326.09 RECORDS OF BOARD.
9.2 	The board shall keep a record of its proceedings and a
9.3 	register of all applicants for licensing, showing for each the
9.4 	date of application, name, age, educational and other
9.5 	qualifications, place of business, and the place of residence,
9.6 	whether or not an examination was required and whether the
9.7 	applicant was rejected or a license granted, and the date of
9.8 	such action.  The books and register of the board shall be prima
9.9 	facie evidence of all matters recorded therein.  A roster
9.10 	showing the names and places of business or of residence of all
9.11 	licensed architects, engineers, land surveyors, landscape
9.12 	architects, geoscientists, and certified interior designers
9.13 	shall be prepared annually.  Rosters may be printed out of the
9.14 	funds of the board.

9.15 	Sec. 11. Minnesota Statutes 2004, section 326.10,
9.16 	subdivision 1, is amended to read:
9.17 		Subdivision 1.Issuance.  (a) The board shall on
9.18 	application therefor on a prescribed form, and upon payment of a
9.19 	fee prescribed by rule of the board, issue a license or
9.20 	certificate as an architect, engineer, land surveyor, landscape
9.21 	architect, geoscientist, or certified licensed interior
9.22 	designer.  A separate fee shall be paid for each profession
9.23 	licensed.
9.24 	(1) To any person over 25 years of age, who is of good
9.25 	moral character and repute, and who has the experience and
9.26 	educational qualifications which the board by rule may prescribe.
9.27 	(2) To any person who holds an unexpired certificate of
9.28 	registration or license issued by proper authority in the
9.29 	District of Columbia, any state or territory of the United
9.30 	States, or any foreign country, in which the requirements for
9.31 	registration or licensure of architects, engineers, land
9.32 	surveyors, landscape architects, geoscientists, or certified 
9.33 	licensed interior designers, respectively, at the time of
9.34 	registration or licensure in the other jurisdiction, were equal,
9.35 	in the opinion of the board, to those fixed by the board and by
9.36 	the laws of this state, and in which similar privileges are
10.1 	extended to the holders of certificates of registration or
10.2 	licensure issued by this state.  The board may require such
10.3 	person to submit a certificate of technical qualification from
10.4 	the National Council of Architectural Registration Boards in the
10.5 	case of an architect, from the National Council of Examiners for
10.6 	Engineering and Surveying in the case of an engineer, from the
10.7 	Council of Landscape Architectural Registration Boards in the
10.8 	case of a landscape architect, and from the National Council for
10.9 	Interior Design Qualification in the case of a certified 
10.10 	licensed interior designer.
10.11 	(b) Notwithstanding paragraph (a), for one year from the
10.12 	effective date of rules adopted by the board with respect to the
10.13 	discipline of professional geoscience, the board may accept as
10.14 	evidence that the applicant is qualified for licensing in the
10.15 	discipline of professional geoscience:
10.16 	(1) a record of graduation with a baccalaureate degree from
10.17 	a school or college having accreditation defined by the board
10.18 	and a geoscience or associated science curriculum approved by
10.19 	the board; and
10.20 	(2) at least five years of active professional practice in
10.21 	the discipline of professional geoscience as approved by the
10.22 	board.

10.23 	Sec. 12. Minnesota Statutes 2004, section 326.10,
10.24 	subdivision 2a, is amended to read:
10.25 		Subd. 2a.Needs of physically disabled, inclusion in
10.26 	examination.  Examinations for architect, civil structural
10.27 	engineer, landscape architect, and certified licensed interior
10.28 	designer shall include questions which require the applicant to
10.29 	demonstrate knowledge of the design needs of people with
10.30 	physical disabilities and of the relevant statutes and codes.
10.31 	The questions shall be developed by the board in consultation
10.32 	with the Department of Administration.

10.33 	Sec. 13. Minnesota Statutes 2004, section 326.10,
10.34 	subdivision 8, is amended to read:
10.35 		Subd. 8.Expiration and renewal.  All licenses and
10.36 	certificates, other than in-training certificates,issued by the
11.1 	board expire at midnight on June 30 of each even-numbered
11.2 	calendar year if not renewed.  A holder of a license or
11.3 	certificate issued by the board may renew it by completing and
11.4 	filing with the board an application for renewal consisting of a
11.5 	fully completed form provided by the board and the fee specified
11.6 	in section 326.105.  Both the fee and the application must be
11.7 	submitted at the same time and by June 30 of each even-numbered
11.8 	calendar year.  The form must be signed by the applicant,
11.9 	contain all of the information requested, and clearly show that
11.10 	the licensee or certificate holder has completed the minimum
11.11 	number of required professional development hours, has provided
11.12 	a certification under section 326.107, subdivision 5, to the
11.13 	board, or has been granted an exemption under section 326.107,
11.14 	subdivision 4.  An application for renewal that does not comply
11.15 	with the requirements of this subdivision is an incomplete
11.16 	application and must not be accepted by the board.

11.17 	Sec. 14. Minnesota Statutes 2004, section 326.10,
11.18 	subdivision 9, is amended to read:
11.19 		Subd. 9.Reinstatement of expired license or
11.20 	certificate.  A licensee or certificate holder whose license or
11.21 	certificate has expired may reinstate the expired license or
11.22 	certificate by satisfying all prior continuing education
11.23 	requirements, by paying all of the renewal fees due for all
11.24 	prior renewal periods that the license or certificate was
11.25 	expired and the current renewal period, and paying a delayed
11.26 	renewal fee in the amount set by the board.  The continuing
11.27 	education requirement must be satisfied with professional
11.28 	development hours completed within the four years immediately
11.29 	prior to reinstatement and may not include any professional
11.30 	development hours that had previously been used to renew the
11.31 	license or certificate being reinstated.
11.32 	To reinstate an expired license or certificate, the
11.33 	licensee or certificate holder must file with the board an
11.34 	application for reinstatement consisting of a fully completed
11.35 	form provided by the board and the fees specified in this
11.36 	subdivision.  The form must be signed, contain all of the
12.1 	information requested, and clearly show that the licensee or
12.2 	certificate holder either has completed the minimum number of
12.3 	required professional development hours, has provided a
12.4 	certification under section 326.107, subdivision 5, to the
12.5 	board, or has been granted an exemption under section 326.107,
12.6 	subdivision 4.  An application for reinstatement that does not
12.7 	comply with the requirements of this subdivision is an
12.8 	incomplete application and must not be accepted by the board.

12.9 	Sec. 15. Minnesota Statutes 2004, section 326.105, is
12.10 	amended to read:
12.11 	326.105 FEES.
12.12 	The fee for licensure or renewal of licensure as an
12.13 	architect, professional engineer, land surveyor, landscape
12.14 	architect, or geoscience professional, or licensed interior
12.15 	designer is $120 per biennium. The fee for certification as a
12.16 	certified interior designer or for renewal of the certificate is
12.17 	$120 per biennium.  The fee for an architect applying for
12.18 	original certification as a certified interior designer is $50
12.19 	per biennium.The initial license or certification fee for all
12.20 	professions is $120.  The renewal fee shall be paid biennially
12.21 	on or before June 30 of each even-numbered year.  The renewal
12.22 	fee, when paid by mail, is not timely paid unless it is
12.23 	postmarked on or before June 30 of each even-numbered year.  The
12.24 	application fee is $25 for in-training applicants and $75 for
12.25 	professional license applicants.
12.26 	The fee for monitoring licensing examinations for
12.27 	applicants is $25, payable by the applicant.

12.28 	Sec. 16. Minnesota Statutes 2004, section 326.107,
12.29 	subdivision 1, is amended to read:
12.30 		Subdivision 1.Requirements.  (a) Architects,
12.31 	professional engineers, land surveyors, landscape architects,
12.32 	geoscientists, and interior designers licensed or certified by
12.33 	this board must obtain the number of professional development
12.34 	hours described in paragraphs (b) to (d) during each two-year
12.35 	period of licensure or certification identified in section
12.36 	326.105.  This requirement must be satisfied during the two-year
13.1 	period prior to biennial renewal except for a carryover
13.2 	permitted from the previous renewal period, which must not
13.3 	exceed 50 percent of the biennial requirement of professional
13.4 	development hours.
13.5 	(b) Licensed professional engineers must earn a minimum of
13.6 	24 professional development hours per biennial renewal except
13.7 	for the carryover permitted.
13.8 	(c) Licensed architects, land surveyors, landscape
13.9 	architects, geoscientists, and certified interior designers must
13.10 	earn a minimum of 24 professional development hours per biennial
13.11 	renewal except for the carryover permitted.
13.12 	(d) Dual license or certificate holders who have obtained a
13.13 	license or certificate for two professions must earn
13.14 	professional development hours required by the license or
13.15 	certificate requiring the greatest number of professional
13.16 	development hours and must obtain in each profession a minimum
13.17 	of one-third of the total professional development hours
13.18 	required.  The remaining one-third requirement may be obtained
13.19 	in either profession at the sole discretion of the licensee or
13.20 	certificate holder.

13.21 	Sec. 17. Minnesota Statutes 2004, section 326.11,
13.22 	subdivision 1, is amended to read:
13.23 		Subdivision 1.Revocation or suspension.  The board shall
13.24 	have the power to revoke or suspend the license or certificate 
13.25 	of any architect, engineer, land surveyor, landscape architect,
13.26 	geoscientist, or certified interior designer, who is found
13.27 	guilty by the board of any fraud or deceit in obtaining a
13.28 	license or certificate, or of attaching the licensee's or
13.29 	certificate holder's seal or signature to any plan,
13.30 	specification, report, plat, or other architectural,
13.31 	engineering, land surveying, landscape architectural,
13.32 	geoscientific, or interior design document not prepared by the
13.33 	person signing or sealing it or under that person's direct
13.34 	supervision, or of gross negligence, incompetency, or misconduct
13.35 	in the practice of architecture, engineering, land surveying,
13.36 	landscape architecture, geoscience, or interior design, or upon
14.1 	conviction of any violation of sections 326.02 to 326.15 or
14.2 	amendments thereof, or of any crime involving moral turpitude or
14.3 	upon adjudication of insanity or incompetency.

14.4 	Sec. 18. Minnesota Statutes 2004, section 326.111, is
14.5 	amended to read:
14.6 	326.111 ISSUANCE, DENIAL, REVOCATION, AND SUSPENSION OF
14.7 	LICENSES AND CERTIFICATES; DISCIPLINE.
14.8 		Subdivision 1.Generally. (a) If the board, or the
14.9 	complaint committee if authorized by the board, has a reasonable
14.10 	basis to believe that a person has engaged in an act or practice
14.11 	constituting the unauthorized practice of architecture,
14.12 	engineering, land surveying, landscape architecture, geoscience,
14.13 	or the unauthorized use of the title certified licensed interior
14.14 	designer design, or a violation of a statute, rule, or order
14.15 	that the board has issued or is empowered to enforce, the board,
14.16 	or the complaint committee if authorized by the board, may
14.17 	proceed as described in subdivisions 2 and 3.
14.18 	(b) The board shall establish a complaint committee to
14.19 	investigate, mediate, or initiate administrative or legal
14.20 	proceedings on behalf of the board with respect to complaints
14.21 	filed with or information received by the board alleging or
14.22 	indicating the unauthorized practice of architecture,
14.23 	engineering, land surveying, landscape architecture, geoscience,
14.24 	or the unauthorized use of the title certified licensed interior
14.25 	designer design, or a violation of statute, rule, or order that
14.26 	the board has issued or is empowered to enforce.  The complaint
14.27 	committee shall consist of five members of the board, with no
14.28 	more than one from each of the professions licensed by the
14.29 	board, and no more than two public members.
14.30 	(c) Except as otherwise described in this section, all
14.31 	hearings shall be conducted in accordance with chapter 14.
14.32 		Subd. 2.Legal action. (a) When necessary to prevent the
14.33 	unauthorized practice of architecture, engineering, land
14.34 	surveying, landscape architecture, geoscience, or the
14.35 	unauthorized use of the title certified licensed interior
14.36 	designer design, or a violation of a statute, rule, or order
15.1 	that the board has issued or is empowered to enforce, the board,
15.2 	or the complaint committee if authorized by the board, may bring
15.3 	an action in the name of the state in the district court in
15.4 	Ramsey County or in any county in which jurisdiction is proper
15.5 	to enjoin the act, practice, or violation and to enforce
15.6 	compliance with the statute, rule, or order.  Upon a showing
15.7 	that a person has engaged in an act or practice constituting the
15.8 	unauthorized practice of architecture, engineering, land
15.9 	surveying, landscape architecture, geoscience, or the
15.10 	unauthorized use of the title certified licensed interior
15.11 	designer design, or a violation of a statute, rule, or order
15.12 	that the board has issued or is empowered to enforce, a
15.13 	permanent or temporary injunction, restraining order, or other
15.14 	appropriate relief shall be granted.
15.15 	(b) For purposes of injunctive relief under this
15.16 	subdivision, irreparable harm exists when the board shows that a
15.17 	person has engaged in an act or practice constituting the
15.18 	unauthorized practice of architecture, engineering, land
15.19 	surveying, landscape architecture, geoscience, or the
15.20 	unauthorized use of the title certified licensed interior
15.21 	designer design, or a violation of a statute, rule, or order
15.22 	that the board has issued or is empowered to enforce.
15.23 	(c) Injunctive relief granted under paragraph (a) does not
15.24 	relieve an enjoined person from criminal prosecution by a
15.25 	competent authority or from disciplinary action by the board
15.26 	with respect to the person's license, certificate,or
15.27 	application for examination, license, or renewal.
15.28 		Subd. 3.Cease and desist orders. (a) The board, or the
15.29 	complaint committee if authorized by the board, may issue and
15.30 	have served upon a person an order requiring the person to cease
15.31 	and desist from the unauthorized practice of architecture,
15.32 	engineering, land surveying, landscape architecture, geoscience,
15.33 	or the unauthorized use of the title certified licensed interior
15.34 	designer design, or violation of the statute, rule, or order.
15.35 	The order shall be calculated to give reasonable notice of the
15.36 	rights of the person to request a hearing and shall state the
16.1 	reasons for the entry of the order.
16.2 	(b) Service of the order is effective if the order is
16.3 	served on the person or counsel of record personally or by
16.4 	certified mail to the most recent address provided to the board
16.5 	for the person or counsel of record.
16.6 	(c) Unless otherwise agreed by the board, or the complaint
16.7 	committee if authorized by the board, and the person requesting
16.8 	the hearing, the hearing shall be held no later than 30 days
16.9 	after the request for the hearing is received by the board.
16.10 	(d) The administrative law judge shall issue a report
16.11 	within 30 days of the close of the contested case hearing
16.12 	record, notwithstanding Minnesota Rules, part 1400.8100, subpart
16.13 	3.  Within 30 days after receiving the report and any exceptions
16.14 	to it, the board shall issue a further order vacating,
16.15 	modifying, or making permanent the cease and desist orders as
16.16 	the facts require.
16.17 	(e) If no hearing is requested within 30 days of service of
16.18 	the order, the order becomes final and remains in effect until
16.19 	it is modified or vacated by the board.
16.20 	(f) If the person to whom a cease and desist order is
16.21 	issued fails to appear at the hearing after being duly notified,
16.22 	the person is in default and the proceeding may be determined
16.23 	against that person upon consideration of the cease and desist
16.24 	order, the allegations of which may be considered to be true.
16.25 		Subd. 4.Actions against applicants and licensees. (a)
16.26 	The board may, by order, deny, refuse to renew, suspend,
16.27 	temporarily suspend, or revoke the application, license, or
16.28 	certification of a person; censure or reprimand that person;
16.29 	condition or limit the person's practice; refuse to permit a
16.30 	person to sit for examination; or refuse to release the person's
16.31 	examination grades if the board finds that the order is in the
16.32 	public interest and the applicant,or licensee, or certificate
16.33 	holder:
16.34 	(1) has violated a statute, rule, or order that the board
16.35 	has issued or is empowered to enforce;
16.36 	(2) has engaged in conduct or acts that are fraudulent,
17.1 	deceptive, or dishonest whether or not the conduct or acts
17.2 	relate to the practice of architecture, engineering, land
17.3 	surveying, landscape architecture, geoscience, or certified 
17.4 	licensed interior design, providing that the fraudulent,
17.5 	deceptive, or dishonest conduct or acts reflect adversely on the
17.6 	person's ability or fitness to engage in the practice of
17.7 	architecture, engineering, land surveying, landscape
17.8 	architecture, geoscience, or certified licensed interior design;
17.9 	(3) has engaged in conduct or acts that are negligent or
17.10 	otherwise in violation of the standards established by Minnesota
17.11 	Rules, chapters 1800 and 1805, where the conduct or acts relate
17.12 	to the practice of architecture, engineering, land surveying,
17.13 	landscape architecture, geoscience, or use of the title
17.14 	certified licensed interior designer design;
17.15 	(4) has been convicted of or has pled guilty or nolo
17.16 	contendere to a felony, an element of which is dishonesty or
17.17 	fraud, whether or not the person admits guilt, or has been shown
17.18 	to have engaged in acts or practices tending to show that the
17.19 	applicant or licensee is incompetent or has engaged in conduct
17.20 	reflecting adversely on the person's ability or fitness to
17.21 	engage in the practice of architecture, engineering, land
17.22 	surveying, landscape architecture, geoscience, or use of the
17.23 	title certified licensed interior designer design;
17.24 	(5) employed fraud or deception in obtaining a certificate,
17.25 	license, renewal, or reinstatement or in passing all or a
17.26 	portion of the examination;
17.27 	(6) has had the person's architecture, engineering, land
17.28 	surveying, landscape architecture, geoscience, or interior
17.29 	design license, certificate, right to examine, or other similar
17.30 	authority revoked, suspended, canceled, limited, or not renewed
17.31 	for cause in any state, commonwealth, or territory of the United
17.32 	States, in the District of Columbia, or in any foreign country;
17.33 	(7) has had the person's right to practice before any
17.34 	federal, state, or other government agency revoked, suspended,
17.35 	canceled, limited, or not renewed;
17.36 	(8) failed to meet any requirement for the issuance or
18.1 	renewal of the person's license or certificate;
18.2 	(9) has attached the person's seal or signature to a plan,
18.3 	specification, report, plat, or other architectural,
18.4 	engineering, land surveying, landscape architectural,
18.5 	geoscientific, or interior design document not prepared by the
18.6 	person sealing or signing it or under that person's direct
18.7 	supervision; or
18.8 	(10) with respect to temporary suspension orders, has
18.9 	committed an act, engaged in conduct, or committed practices
18.10 	that may, or has in the opinion of the board, or the complaint
18.11 	committee if authorized by the board, resulted in an immediate
18.12 	threat to the public.
18.13 	(b) In lieu of or in addition to any remedy provided in
18.14 	paragraph (a), the board may require, as a condition of
18.15 	continued licensure, possession of certificate,termination of
18.16 	suspension, reinstatement of license or certificate,
18.17 	examination, or release of examination grades, that the person:
18.18 	(1) submit to a quality review of the person's ability,
18.19 	skills, or quality of work, conducted in such fashion and by
18.20 	such persons, entity, or entities as the board may require
18.21 	including, but not limited to, remedial education courses; and
18.22 	(2) complete to the satisfaction of the board such
18.23 	continuing professional education courses as the board may
18.24 	specify by rule.
18.25 	(c) Service of the order is effective if the order is
18.26 	served on the licensee, certificate holder,applicant, person,
18.27 	or counsel of record personally or by certified mail, to the
18.28 	most recent address provided to the board for the licensee,
18.29 	certificate holder,applicant, person, or counsel of record.
18.30 	The order shall state the reasons for the entry of the order.
18.31 	(d) All hearings required by this section shall be
18.32 	conducted in accordance with chapter 14, except with respect to
18.33 	temporary suspension orders, as provided for in subdivision 5,
18.34 	paragraph (d).
18.35 		Subd. 5.Procedure for temporary suspension of license or
18.36 	certificate. (a) When the board, or the complaint committee if
19.1 	authorized by the board, issues a temporary suspension order,
19.2 	the suspension is in effect upon service of a written order on
19.3 	the licensee or counsel of record, specifying the statute, rule,
19.4 	or order violated.  The order remains in effect until the board
19.5 	issues a final order in the matter after a hearing or upon
19.6 	agreement between the board and the licensee.
19.7 	(b) Service of the order is effective if the order is
19.8 	served on the licensee or counsel of record personally or by
19.9 	certified mail, to the most recent address provided to the board
19.10 	for the licensee or counsel of record.
19.11 	(c) The order shall set forth the rights to a hearing
19.12 	contained in this subdivision and shall state the reasons for
19.13 	the entry of the order.
19.14 	(d) Within ten days after service of the order, the
19.15 	licensee may request a hearing in writing.  The board shall hold
19.16 	a hearing before its own members within five working days of
19.17 	receipt of a request for hearing on the sole issue of whether
19.18 	there is a reasonable basis to continue, modify, or lift the
19.19 	temporary suspension.  This hearing is not subject to chapter
19.20 	14.  Evidence presented by the board or the licensee shall be in
19.21 	affidavit form only.  The licensee or counsel of record may
19.22 	appear for oral argument.
19.23 	(e) Within five working days after the hearing, the board
19.24 	shall issue its order and, if the suspension is continued,
19.25 	schedule a contested case hearing within 30 days after issuance
19.26 	of the order.  The administrative law judge shall issue a report
19.27 	within 30 days after closing of the contested case hearing
19.28 	record, notwithstanding the provisions of Minnesota Rules, part
19.29 	1400.8100, subpart 3.  The board shall issue a final order
19.30 	within 30 days after receipt of that report and any exceptions
19.31 	to it.
19.32 		Subd. 6.Violations; penalties; costs of proceeding. (a)
19.33 	The board may impose a civil penalty not to exceed $10,000 per
19.34 	violation upon a person who commits an act or practice
19.35 	constituting the unauthorized practice of architecture,
19.36 	engineering, land surveying, landscape architecture, geoscience,
20.1 	or the unauthorized use of the title certified licensed interior
20.2 	designer design, or violates a statute, rule, or order that the
20.3 	board has issued or is empowered to enforce.
20.4 	(b) The board may, in addition, impose a fee to reimburse
20.5 	the board for all or part of the cost of the proceedings
20.6 	resulting in disciplinary action authorized by this section, the
20.7 	imposition of civil penalties, or the issuance of a cease and
20.8 	desist order.  The fee may be imposed when the board shows that
20.9 	the position of the person who commits an act or practice
20.10 	constituting the unauthorized practice of architecture,
20.11 	engineering, land surveying, landscape architecture, geoscience,
20.12 	or the unauthorized use of the title certified licensed interior
20.13 	designer design, or violates a statute, rule, or order that the
20.14 	board has issued or is empowered to enforce is not substantially
20.15 	justified, unless special circumstances make an award unjust,
20.16 	notwithstanding the provisions of Minnesota Rules, part
20.17 	1400.8401.  The costs include, but are not limited to, the
20.18 	amount paid by the board for services from the office of
20.19 	administrative hearings, attorney fees, court reporters,
20.20 	witnesses, reproduction of records, board members' per diem
20.21 	compensation, board staff time, and expense incurred by board
20.22 	members and staff.
20.23 		Subd. 7.Reinstatement. The board may reinstate a
20.24 	suspended, revoked, or surrendered certificate or license upon
20.25 	petition of the former or suspended certificate holder or 
20.26 	licensee.  The board may, in its sole discretion, place any
20.27 	other conditions, including reexamination in whole or in part,
20.28 	upon reinstatement of a suspended, revoked, or surrendered
20.29 	certificate or license that it finds appropriate and necessary
20.30 	to ensure that the purposes of sections 326.02 to 326.15 are
20.31 	met.  No suspended certificate or license shall be reinstated
20.32 	until the former certificate holder or licensee has completed
20.33 	one-half of the suspension.

20.34 	Sec. 19. Minnesota Statutes 2004, section 326.12, is
20.35 	amended to read:
20.36 	326.12 LICENSE OR CERTIFICATE AS EVIDENCE; SEAL.
21.1 		Subdivision 1.Judicial proof. The issuance of a license
21.2 	or certificate by the board shall be evidence that the person
21.3 	named therein is entitled to all the rights and privileges of a
21.4 	licensed architect, licensed engineer, licensed land surveyor,
21.5 	licensed landscape architect, licensed geoscientist,
21.6 	or certified licensed interior designer while the license or
21.7 	certificate remains unrevoked or has not expired or has not been
21.8 	suspended.
21.9 		Subd. 2.Seal. Each licensee or certificate holder may,
21.10 	upon licensure or certification, obtain a seal of a design
21.11 	approved by the board, bearing the licensee's or certificate
21.12 	holder's name and the legend "licensed architect," "licensed
21.13 	professional engineer," "licensed land surveyor," "licensed
21.14 	landscape architect," the appropriate licensed professional
21.15 	geoscientist legend as defined by the board, or " certified 
21.16 	licensed interior designer."  Plans, specifications, plats,
21.17 	reports, and other documents prepared by a licensee or
21.18 	certificate holder may be stamped with the seal during the life
21.19 	of the license or certificate.  A rubber stamp facsimile thereof
21.20 	may be used in lieu of the seal on tracings from which prints
21.21 	are to be made or on papers which would be damaged by the
21.22 	regular seal.  It shall be unlawful for any one to stamp or seal
21.23 	any document with the stamp or seal after the license or
21.24 	certificate has expired, been revoked or suspended, unless said
21.25 	license or certificate shall have been renewed or reissued.
21.26 		Subd. 3.Certified signature. Each plan, drawing,
21.27 	specification, plat, report, or other document which under
21.28 	sections 326.02 to 326.15 is prepared by a licensed architect,
21.29 	licensed engineer, licensed land surveyor, licensed landscape
21.30 	architect, licensed geoscientist, or certified licensed interior
21.31 	designer must bear the signature of the licensed or certified 
21.32 	person preparing it, or the signature of the licensed or
21.33 	certified person under whose direct supervision it was
21.34 	prepared.  Each signature shall be accompanied by a
21.35 	certification that the signer is licensed or certified under
21.36 	sections 326.02 to 326.15, by the person's license or
22.1 	certificate number, and by the date on which the signature was
22.2 	affixed.  The provisions of this paragraph shall not apply to
22.3 	any plans, drawings, specifications, plats, reports, or other
22.4 	documents of an intraoffice or intracompany nature or that are
22.5 	considered to be drafts or of a preliminary, schematic, or
22.6 	design development nature by licensed or certified individuals
22.7 	who would normally be responsible for their preparation.  The
22.8 	required signature and certification must appear on all pages of
22.9 	plans and drawings that must be signed, but only on the first
22.10 	page of specifications, plats, reports, or other documents that
22.11 	must be signed.  A stamp, printed signature, or electronically
22.12 	created signature has the same force and effect as an actual
22.13 	signature if it creates an accurate depiction of the licensed or
22.14 	certified professional's actual signature.

22.15 	Sec. 20. Minnesota Statutes 2004, section 326.13, is
22.16 	amended to read:
22.17 	326.13 PRACTICE EXEMPT.
22.18 	Practice of architecture, engineering, landscape
22.19 	architecture, land surveying, or geoscience, or use of the title
22.20 	certified licensed interior designer design in this state prior
22.21 	to licensure or certification by the board shall be permitted
22.22 	under the following conditions and limitations:
22.23 	(1) By any person or firm not a resident of and having no
22.24 	established place of business in this state, or any person or
22.25 	firm resident in this state, but whose arrival in the state is
22.26 	recent; provided, however, such person or a person connected
22.27 	with such firm:
22.28 	(i) is registered or licensed and qualified to practice
22.29 	such profession in a state or country to which the board grants
22.30 	licensure or certification by comity in accordance with the
22.31 	provisions of section 326.10, subdivision 1, clause (2); and
22.32 	(ii) shall have filed an application for licensure as an
22.33 	architect, an engineer, a geoscientist, or a certified licensed 
22.34 	interior designer shall have paid the fee provided for in
22.35 	section 326.10, and shall have been notified by the board that
22.36 	the applicant meets the requirements for licensure or
23.1 	certification in this state and is entitled to receive a license
23.2 	or certificate, and has applied for and been granted a temporary
23.3 	permit to practice.  Temporary permits shall be granted to do a
23.4 	specific job for the period stipulated on the permit.
23.5 	(2) By a nonresident applicant who seeks to provide
23.6 	architecture, engineering, land surveying, landscape
23.7 	architecture, geoscience, or certified licensed interior design
23.8 	services in this state if the applicant offers to practice only
23.9 	for the purpose of seeking to provide services, without having
23.10 	first been registered or certified by the state, if the
23.11 	applicant:
23.12 	(i) is registered and qualified to practice such profession
23.13 	in a state or country to which the board grants registration or
23.14 	licensure by comity in accordance with section 326.10,
23.15 	subdivision 1, clause (2);
23.16 	(ii) notified the board in writing that the applicant is
23.17 	not currently registered in this state, but will be present in
23.18 	this state for the purpose of seeking to provide services;
23.19 	(iii) delivers a copy of the notice referred to in clause
23.20 	(ii) to every potential client for whom the applicant is seeking
23.21 	to provide services; and
23.22 	(iv) applies within ten days to the board for licensure or
23.23 	certification if selected as the design professional for a
23.24 	project in this state; the applicant is prohibited from actually
23.25 	rendering services as defined within the terms of sections
23.26 	326.02 to 326.15 until the applicant is licensed or certified,
23.27 	or obtains a temporary permit as described in clause (1).
23.28 	(3) Practice as an architect, an engineer, a land surveyor,
23.29 	a landscape architect, or a geoscientist, or use of the title
23.30 	certified a licensed interior designer solely as an officer or
23.31 	employee of the United States.
23.32 	(4) Practice as a geoscientist by a person who would be
23.33 	qualified under sections 326.02 to 326.15 by virtue of
23.34 	experience and education while (i) engaged in exploration,
23.35 	development, extraction, and reclamation of minerals and mineral
23.36 	deposits or energy resources including sand, gravel, peat,
24.1 	industrial minerals, metallic minerals, iron ore, coal, oil, and
24.2 	gas and other mineral fuels; (ii) an employee of a corporation
24.3 	or agency engaged in such exploration, development, extraction,
24.4 	and reclamation of minerals and mineral deposits; (iii) acting
24.5 	in accordance with the provisions of section 82B.035,
24.6 	subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision
24.7 	2; or (iv) engaged in academic geoscience research.

24.8 	Sec. 21. Minnesota Statutes 2004, section 326.14, is
24.9 	amended to read:
24.10 	326.14 CORPORATIONS AND PARTNERSHIPS AUTHORIZED.
24.11 	A corporation, partnership or other firm may engage in work
24.12 	of an architectural or engineering character, in land surveying,
24.13 	in landscape architecture, or in geoscience, or use the title of
24.14 	certified in licensed interior designer design in this state,
24.15 	provided the person or persons connected with such corporation,
24.16 	partnership or other firm in responsible charge of such work is
24.17 	or are licensed or certified as herein required for the practice
24.18 	of architecture, engineering, land surveying, landscape
24.19 	architecture, and geoscience, and use of the title of certified 
24.20 	interior designer design.

24.21 	Sec. 22. TRANSITION.
 24.22 	Certified interior designer board members who are serving
24.23 	on July 1, 2005, shall finish their terms as scheduled.  These
24.24 	members become licensed interior designers on July 1, 2005.
24.25 	From July 1, 2005, through June 30, 2006, certified
24.26 	interior designers who properly apply for renewal or
24.27 	reinstatement must be licensed as interior designers.  After
24.28 	June 30, 2006, the board shall not offer licenses to former
24.29 	certified interior designers.

24.30 	Sec. 23. RULES.
 24.31 	The Board of Architecture, Engineering, Land Surveying,
24.32 	Landscape Architecture, Geoscience, and Interior Design shall
24.33 	amend its rules under Minnesota Statutes, section 14.388, clause
24.34 	(3), to implement this act.

24.35 	Sec. 24. EFFECTIVE DATE.
 24.36 	This act is effective July 1, 2005.