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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5732 July 2, 1980 ARCHITECTS: Licensure of public member of board LICENSING AND REGULATION: Licensure of public member of board The public member and related field members of the Board of Registration for Architects, if otherwise qualified, are eligible to take the architecture licensing examination at the next opportunity when the examination is given provided that such public member and related field members have not participated in the preparation of the examination in any manner for the year in question. Mr. William S. Ballenger Director Department of Licensing and Regulation P.O. Box 30018 Lansing, Michigan 48909 You have requested my opinion on the following questions: In a public member of the Board of Registration for Architects who has access to examination questions eligible to take the architecture licensing examination? If the answer to the above question is in the affirmative, when may this public member take the architecture licensing examination? Since your questions are related, they will be considered together. The professions of architecture, professional engineering and land surveying are governed by the provisions of the Registration Act for Architects, Professional Engineers and Land Surveyors, 1937 PA 240, as amended; MCLA 338.551 et seq; MAS 18.84(1) et seq. Each of these three professions has its own separate registration board. 1937 PA 240, supra, Sec. 3, as amended, provides, in pertinent part, as follows: 'Separate state boards of registration for architects, professional engineers and land surveyors are created. Each board shall be vested with the administration of the provisions of this act applicable to the profession to which the board pertains. The architects board shall consist of 4 architects, 1 professional engineer who shall be a member of the board of registration for professional engineers, 1 land surveyor who shall be a member of the board of registration for land surveyors, and 1 person representative of the general public. The director of the department of licensing and regulation shall be an ex officio member without vote. The professional engineers board shall consist of 4 professional engineers, 1 architect who shall be a member of the board of registration for architects, 1 land surveyor who shall be a member of the board of registration for land surveyors, and 1 person representative of the general public. The director of the department of licensing and regulation shall be an ex officio member without vote. The land surveyors board shall consist of 4 land surveyors, 1 professional engineer who shall be a member of the board of registration for professional engineers, 1 architect who shall be a member of the board of registration for architects, and 1 person representative of the general public. The director of the department of licensing and regulation shall be an ex officio member without vote. . . .' Thus the Board of Registration for Architects consists of 4 architects, 1 member of the Board of Registration for Professional Engineers, 1 member of the Board of Registration for Land Surveyors, 1 public member and the Director of the Department of Licensing & Regulation. Due to this commonality of membership, this opinion will apply with equal force to the public member and related field members of all three registration boards. The requirements that must be met in order to take the architecture licensing examinations are set forth in 1937 PA 240, supra, Sec. 12, as amended, which provides, in pertinent part, as follows: '(1) An applicant for examination for registration shall be of good moral character and shall have had not less than 8 years of professional experience in architectural or engineering work or land surveying, satisfactory to the board, including up to 6 years of education satisfactory to the board. Beginning January 1, 1977, an applicant for registration shall have a baccalaureate degree acceptable to the board. . . . '(2) An applicant, upon payment of the fees required under this act, shall be granted examinations in appropriate subjects as the board may require. '(3) The board shall hold examinations not less than once a year covering each of its requirements. An applicant may take the examination as follows: '(a) An applicant who successfully completes studies which will be followed by a baccalaureate degree in a professional school or college acceptable to the board, or who before January 1, 1973 completed 4 years' practical experience acceptable to the board may take an examination which will indicate the applicant's understanding of the theory pertaining to the applicant's profession. An applicant who passes this examination is not required to repeat it regardless of when the applicant takes the examination required by subdivision (b). '(b) An applicant who satisfies the requirements of subsection (1) may take an examination which will indicate the applicant's experience qualifications to practice.' (Emphasis added.) The above-quoted statute speaks in terms of applicants for examination without regard to board membership, let alone the type of board member. It further provides that the Board of Registration for Architects must grant examinations to those applicants who meet the requirements of 1937 PA 240, supra, Sec. 12, as amended, and who pay the required statutory fees. In construing a statute the words used are given their ordinary meaning, Automotive Service Councils of Michigan v Secretary of State; 82 Mich App 574; 67 NW2d 698, lv app den, 403 Mich 810, app dis, 439 US 973; 99 S Ct 554; 58 L Ed 2d 645 (1978). Further, in such cases there is no room for construction or attempted interpretation to vary such meaning. Struble v Detroit Automobile Intersure Insurance Exchange; 86 Mich App 245; 272 NW2d 617 (1978), lv app den, 406 Mich 885 (1979). The expressed purpose of the registration act for architects, professional engineers and land surveyors, supra, is to safeguard the life, health and property of the people of the State of Michigan. In furtherance of this purpose, architecture applicants must pass written examinations to demonstrate the entry level competence required to obtain an architecture registration. These examinations are administered by the Board of Registration for Architects on a uniform basis once yearly. Although the content of these examinations may vary from year to year, it is possible that an applicant board member may obtain some general knowledge of examination content prior to its administration. As a result, upon filing the application for licensure, the board member applicant should disqualify himself and not participate in the entire licensing process for the year in question, including but not limited to, preparation and review of the proposed examination and answers and the scoring of the exams. If the public member participated in the examination in any way prior to the time of filing of his application, he should not be permitted to take that examination, but must be given a comparable examination. Thus, it is my opinion, therefore, that the public member and related field members of the Board of Registration for Architects, if otherwise qualified, are eligible to take the architecture licensing examinations at the next opportunity when the examination is given, provided that such public member and related field members have not participated in the preparation of the examination in any manner for the year in question. Frank J. Kelley Attorney General
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