Opinion No. Oag 38-85, (1985)

BARBARA NICHOLS, Secretary Department of Regulation and Licensing

You have asked whether an administrative rule pertaining to the Designers Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may be amended by the Designers Section or only by the board. Since an amendment of an administrative rule falls within the power to make administrative rules, the legal question presented is whether a statutorily created section of the board has rulemaking authority.

It is my opinion that only the board has administrative rulemaking authority.

The question…