OPLC explains emergency rule adding exam fees to rules; committee receives informational presentation

The Office of Professional Licensure and Certification presented an informational briefing on an emergency rule that places specific examination fee amounts into rule for 18 licensing boards where the statute has historically required the state to administer or set exam fees.

OPLC staff, working with Department of Justice counsel, said DOJ identified 18 boards where examination fees should be in rule because statutory language obligated the state to provide or administer the examination. The emergency rule adds the specific dollar amounts into rule so that applicants can obtain state testing vouchers and not face interruptions in licensing while the office completes a regular rulemaking to codify fees in the permanent rule chapter.

Committee members discussed the practice. One member said specifying fees in rule provides clarity and prevents vendors that administer exams on the state’s behalf from increasing prices without notice; staff said OPLC intends to follow up with regular rulemaking to place the fees in the rules permanently and that the situation stems from older statutory language that can require the state to provide exam administration for some boards.

Because the item was presented as information about an emergency rule and the office intends to pursue permanent rulemaking, the committee took no objection and no formal action was recorded.