Published: 2015

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CHAPTER 26 - BOARD OF LANDSCAPE ARCHITECTS

 

SECTION .0100 – STATUTORY AND ADMINISTRATIVE PROVISIONS

 

21 NCAC 26 .0101             AUTHORITY: NAME AND LOCATION OF

BOARD

The "North Carolina Landscape Architecture Act,"

G.S. 89A, establishes and authorizes the "North Carolina Board of

Landscape Architects," hereafter called the "Board."  Unless

otherwise directed, all communications shall be addressed to the Board at Post

Office Box 41225, Raleigh, North Carolina 27629.  Applications and other

information is available on the Board's website: www.ncbola.org.

 

History Note:        Authority G.S. 89A‑3.1

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015; August 1, 2000; July 2, 1979.

21 NCAC 26 .0102             PURPOSE OF THE

ACT

 

History Note:        Authority G.S. 89A‑1(b),(c); 89A‑2(a);

89A‑3(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. August 1, 1988.

 

 

 

21 NCAC 26 .0103             ORGANIZATION OF THE BOARD: OFFICERS

In accordance with Article 33C of G.S. Chapter 143, meetings

of the Board shall be open and public except that the Board may meet in closed

session to prepare, approve, administer or grade written examinations; or to examine

and deliberate the qualifications of an applicant for registration; or to

dispose of a proceeding to discipline a registered landscape architect.

 

History Note:        Authority G.S. 89A‑3; 143-318.11;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015; August 1, 1988.

 

21 NCAC 26 .0104             FORMS

 

History Note:        Authority G.S. 89A‑3(c); 150B‑11(1);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Temporary Amendment Eff. October 1, 1997;

Temporary Amendment Expired July 12, 1998;

Repealed Eff. August 1, 2000.

 

21 NCAC 26 .0105             FEES

(a)  The fee for any initial license application shall be

one hundred dollars ($100.00).

(b)  Examination fees payable to the Board shall be paid

prior to the examination and in accordance with G.S 89A-6.

(c)  The fee for a license by comity shall be one hundred

fifty dollars ($150.00).

(d)  The fee for a corporate certificate of registration

shall be two hundred dollars ($200.00).

(e)  The fee for the annual renewal of any certificate of

registration of any person, firm, or corporation shall be one hundred dollars

($100.00).

(f)  Annual renewal fees received after July 1st of each

year shall be subject to a late fee of fifty dollars ($50.00).  Lapse of

license renewal in excess of one year shall require an application

reinstatement and an application fee of one hundred dollars ($100.00).

(g)  The fee for re-issue of a lost or damaged certificate

shall be twenty-five dollars ($25.00).

(h)  If the accompanying payment in the amount of the renewal

fee is dishonored by the firm's drawee bank for any reason, the Board shall

suspend the firm registration until the renewal fee is paid.

 

History Note:        Authority G.S. 89A‑3.1; 89A-5; 89A‑6;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. December 1, 1994; June 1, 1991; April 1,

1990; July 1, 1989;

Temporary Amendment Eff. October 1, 1997;

Temporary Amendment Expired July 12, 1998;

Amended Eff. March 1, 2015; August 1, 2000.

 

21 NCAC 26 .0106             SUSPENSION OF AUTHORITY TO EXPEND

FUNDS

In the event the North Carolina Board of Landscape

Architects' authority to expend funds is suspended pursuant to G.S. 93B-2(d),

the Board shall continue to issue and renew licenses and all fees tendered

shall be placed in an escrow account maintained by the Board for this purpose. 

Once the Board's authority is restored, the funds shall be moved from the

escrow account into the general operating account.

 

History Note:        Authority G.S. 89A-3.1; 93B-2;

Eff. March 1, 2015.

 

21 NCAC 26. 0107             DEFINITIONS

In addition to the definitions in G.S. 89A-1, for purposes

of this Section, the following definitions apply:

(1)           "Board Executive" means the administrator

of the Board.

(2)           "CLARB" means the Council of Landscape

Architectural Registration Boards.

(3)           "Contact hour" means 60 continuous

minutes.

(4)           "CEAC" means the Continuing Education

Advisory Committee of the Board.

(5)           "Direct Supervision" means the level of

supervision by a licensed professional overseeing the work of another in which

both work in circumstances where professional contact is relevant and routine,

and the supervisor has both control over and detailed professional knowledge of

the work prepared under his or her supervision.

(6)           "Education Activity" means an activity

that increases the professional knowledge or skills of a licensee and relates

to the protection or enhancement of the health, safety and welfare of the

public and is approved by the Board.

(7)           "Examination" means the process by which

the Board determines the experience, academic or other qualifications and

fitness for practice of an applicant, and may include a written examination

administered by the Board or a third party.

(8)           "Foreign Corporation" means a foreign

corporation as defined in G.S. 55B-16(b).

(9)           "LAAB" means the Landscape Architecture

Accreditation Board.

(10)         "LARE" means the Landscape Architecture

Registration Exam administered by the CLARB.

(11)         "License Year" means July 1 through June

30.

(12)         "Resident licensed professional" means a

licensee who spends a majority of the licensee's normal working time in a

specifically identified place of business within North Carolina.  Such time

shall not be less than a majority of the operating hours of the business.  A

licensed professional shall be the resident licensee at only one place of

business at one time unless each business is at least one-third owned by the

resident professional and is approved by the Board after a determination that

the businesses are integrated in operation, ownership, office location, and

that the licensee will be in responsible charge of the professional services.

 

History Note:        Authority G.S. 89A-3.1(2); 89A-5;

Eff. March 1, 2015.

 

SECTION .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS

 

21 NCAC 26 .0201             BOARD LISTING OF INDIVIDUAL AND FIRM

NAMES

Every individual licensee, partnership, firm or corporation

has the continuing responsibility of keeping the Board advised of his, her or

its current mailing address and other contact information and the name or names

under which he, she or it is practicing landscape architecture.  Each licensee

or firm shall notify the Board of any and all changes of association, address

or contact information.  Upon the dissolution or change of a professional

relationship, the member or members thereof shall notify the Board in writing

concerning such dissolution, and of the succeeding status and addresses of the

individual or firm.  Notice to the Board required by this Rule shall be

provided within 10 days of the change.

 

History Note:        Authority G.S. 89A-3.1(2);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015.

 

21 NCAC 26 .0202             APPLICABILITY OF BOARD RULES

 

History Note:        Authority G.S. 89A‑3(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. August 1, 1988.

 

 

 

21 NCAC 26 .0203             GENERAL OBLIGATIONS OF PRACTICE:

MANDATORY STANDARDS

 

History Note:        Authority G.S. 89A‑3(c); 89A‑7;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. October 1, 1988; August 1, 1988; November 8,

1978;

Repealed Eff. July 1, 1993.

 

 

 

21 NCAC 26 .0204             CORPORATE PRACTICE

 

History Note:        Authority G.S. 89A‑3(c); 55B‑15;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. August 1, 1988; April 1, 1981;

Repealed Eff. February 1, 1994.

 

 

 

21 NCAC 26 .0205             FORMS OF PRACTICE

 

History Note:        Authority G.S. 89A‑3(c);

RRC Objection Eff. June 17, 1993 Due to Lack of Statutory

Authority;

Eff. August 1, 1993;

Repealed Eff. February 1, 1994.

 

 

 

21 NCAC 26 .0206             NAME OF FIRM

(a)  Exclusion of Non‑Licensed Individuals.  The name

of a landscape architectural firm shall not include the proper name of any

officer or employee who is not a licensed landscape architect, architect,

geologist, land surveyor or professional engineer.

(b)  Associate.  The word "associate" may be used

only with reference to a licensee who is a principal or regular employee of the

firm.  The plural form may be used only when justified by the number of

licensees in addition to those licensees whose proper names are included in the

firm name.

(c)  Example: Proper Name and (&) Associates shall refer

to a principal landscape architect and at least two licensed landscape

architectural employees.

(d)  Example: Proper Name Associates shall refer to at least

one principal landscape architect and at least one licensed landscape

architectural employee.

(e)  Example: Assumed Name Associates shall refer to at

least one principal landscape architect and at least one licensed landscape architectural

employee, or two or more principal landscape architects.

(f)  Names Previously in Effect.  This Rule shall not be

construed to require any firm to seek approval of, or to change, any name duly

adopted in conformity with board rules in effect at the date of such adoption.

 

History Note:        Authority G.S. 55B‑5; 89A‑3(c);

Eff. July 1, 1993;

Amended Eff. February 1, 1994.

 

 

 

21 ncac 26 .0207             APPLICATION OF PROFESSIONAL SEAL

(a)  Use of Seal.  The seal(s) of the landscape architect(s)

responsible for the work and the landscape architectural corporation seal, if

appropriate, shall be applied to the following documents:

(1)           Drawings and specifications prepared for

public agency approval;

(2)           Drawings and specifications issued for the

purpose of bidding, negotiation or construction;

(3)           Reports of technical nature; and

(4)           Letters and certificates of professional

opinion.

(b)  The seal(s) shall be applied only to documents prepared

personally or under the immediate supervision of the landscape architect whose

seal is affixed, except that seals may be applied to documents that were not

prepared by the landscape architect in the following circumstances:

(1)           Documents that were initially sealed by an

out of state individual who is a licensed landscape architect in the state of

origin of such plans may then be reviewed by a North Carolina Landscape

Architect for code conformance, design adequacy, and site adaptation for the

specific application within North Carolina.  Standard plans, which bear

the seal of an individual who is a licensed landscape architect, shall be

sealed by the North Carolina Landscape Architect who is assuming responsibility. 

In addition to the seal, a statement shall be included as follows:  "These

plans have been examined by the undersigned.  I have determined that they

comply with existing local North Carolina codes, and have been properly site

adapted for use in this area."

(2)           Documents that are prepared by another

licensed professional and obtained by the Landscape Architect may be used to

prepare landscape architectural design documents provided the origin of the

documents and information prepared by another licensed professional shall

appear on each drawing or sheet of the documents sealed by the landscape

architect.

(c)  Signature and Date.  The individual's seal or facsimile

thereof shall have the landscape architect's original signature across its face

and the effective date shall be indicated below or elsewhere on the document.

(d)  Co‑authorship.  When a document requiring seals

has been co‑authored by the landscape architect and another licensed

design professional of another discipline, the landscape architect shall

indicate by notation each portion for which he or she is responsible.

(e)  Failure to use the professional seal according to this

Rule may be deemed by the Board to be "gross malpractice" within the

meaning of G.S. 89A‑7.

(f)  Electronically transmitted documents and electronic

seals shall be allowed.  Documents, including drawings, specifications and

reports, that are transmitted electronically to a client or a governmental

agency shall have the computer-generated seal removed from the original file,

unless signed with a digital signature as defined in Paragraph (g) of this

Rule.  After removal of the seal, the electronic media shall have the following

language inserted in lieu of the signature and date: 

This document originally issued and

sealed by (name of sealer), (license number), on (Date of sealing).  This

medium shall not be considered a certified document. Hardcopy documents

containing the original seal, signature, and date may be obtained from (name of

sealer). 

(g)  The scanned digital files of certified documents that

cannot be altered are not subject to the requirements of Paragraph (f) of this

Rule.  The electronic transmission of CAD, vector or other similar files

subject to easy editing are subject to the requirements of this Paragraph. 

Easy editing is based on the file consisting of separate elements that can be

modified or deleted in part or in whole.

(h)  Documents to be electronically transmitted that are

signed using a digital signature shall contain the authentication procedure in

a secure mode and a list of the hardware, software and parameters used to

prepare the document(s).  Secure mode means that the authentication procedure

has protective measures to prevent alteration or overriding of the

authentication procedure.  The term "digital signature" shall be an

electronic authentication process that is attached to or logically associated

with an electronic document.  The digital signature shall be:

(1)           Unique to the licensee using it;

(2)           Capable of verification;

(3)           Under the sole control of the licensee; and

(4)           Linked to a document in such a manner that

the digital signature is invalidated if any data in the document is changed.

 

History Note:        Authority G.S. 89A-3.1; 89A‑7;

RRC Objection Eff. June 17, 1993 Due to Lack of Statutory

Authority and Ambiguity;

Eff. August 1, 1993;

RRC Objection cured Eff. January 20, 1994;

Amended Eff. January 1, 2008; February 1, 1994.

 

21 NCAC 26 .0208             IMPROPER CONDUCT

 

History Note:        Authority G.S. 89A‑3(c);

RRC Objection Eff. June 17, 1993 Due to Lack of Statutory

Authority and Ambiguity;

Eff. August 1, 1993;

Repealed Eff. February 1, 1994.

 

 

 

21 NCAC 26 .0209             UNPROFESSIONAL CONDUCT

Registrants shall not:

(1)           allow one's name to be associated with an

undertaking in any professional capacity without having served specifically in

that capacity;

(2)           accept compensation in whole or in part from fees,

commissions, earnings, commercial or speculative profit emanating from sales of

materials or services provided to a Landscape Architect's client by others;

(3)           make exaggerated or misleading statements or claims

about any personal qualifications, experience or performance;

(4)           fail to disclose to a client or employer the

existence of any financial interest which even remotely bears upon the

Landscape Architectural services or project;

(5)           fail to respond within 30 calendar days to any

inquiry from this Board;

(6)           fail to properly supervise his or her practice. 

Each office maintained for the preparation of drawings, specifications, reports

or other professional work shall have a registered landscape architect employed

in that office who shall have direct knowledge and supervisory control of such

work, except field offices maintained only for the purpose of project

construction administration shall have at least one employee present with the

supervising landscape architect maintaining control and making periodic visits.

 

History Note:        Authority G.S. 89A‑3.1; 89A‑7;

Eff. August 1, 1993;

Amended Eff. November 1, 2005; March 1, 1994.

 

21 NCAC 26 .0210             DISHONEST PRACTICE

(a)  Registrants shall not:

(1)           knowingly make any deceptive or false

statement about another's professional work or maliciously injure or attempt to

injure the prospects, practice or employment position of those so engaged;

(2)           knowingly make any deceptive or false

statements in an application for examination or in any other statements or

representations to this Board, to any public agency, to a prospective or actual

client, or to another Landscape Architect;

(3)           fail to notify this Board, if registered as

a Landscape Architect in North Carolina, of disciplinary action by a Landscape

Architectural Board in another jurisdiction.

(b)  Because of the inherent conflict of interest with

construction services, a landscape architect shall not provide contracting

services [Combined Design and Construction (Design‑Build) Practice]

unless he does the following:

(1)           Uses the term "limited landscape

architectural services" in all representations to the public and the

client.

(2)           Affixes a notation on each construction

drawing and the cover of technical specifications stating "These

construction drawings and technical specifications represent the full extent of

the limited landscape architectural services provided for this project".

 

History Note:        Authority G.S. 89A‑3.1; 89A‑7;

Eff. August 1, 1993;

Amended Eff. November 1, 2005; March 1, 1994.

 

21 NCAC 26 .0211             INCOMPETENCE

The following acts or omissions are deemed to be gross

incompetency within the meaning of G.S. 89A‑7:

(1)           to attempt to perform professional services

which are beyond the qualifications which the landscape architect and those who

are engaged as consultants are qualified by education, training and experience

in the specific technical areas involved;

(2)           to be negligent in planning, designing,

supervising, managing or inspecting landscape architectural projects such that the public health, safety, or welfare is

jeopardized;

(3)           to plan, perform, or supervise work for

clients in such a manner and with such results as to be below the level of

professional competency exercised by other registered landscape architects who

are practicing in the area;

(4)           to have been

judged incompetent by a court having jurisdiction under G.S. 35A or former G.S.

35 or committed to a mental health facility for treatment of mental illness, as

defined in G.S. 122C‑3, by a court under G.S. 122C‑271.

 

History Note:        Authority G.S. 89A‑3.1; 89A‑7;

Eff. August 1, 1993;

Amended Eff. December 1, 2005; March 1, 1994.

 

SECTION .0300 - EXAMINATION AND LICENSING PROCEDURES

 

21 NCAC 26 .0301             EXAMINATION AND LICENSure

(a)  The LARE published by CLARB shall be the examination

recognized by the Board, so long as the Board shall remain a member of the

CLARB.  The Board may administer a state supplement to the LARE as allowed by

the CLARB.

(b)  All persons desiring to submit an application to take

the LARE are encouraged to first make application through CLARB.  Upon taking

and passing all sections of the LARE, candidates shall complete the Board's

initial individual application for license by examination and submit the

non-refundable application fee as established in Rule .0105 of this Chapter. 

If an application is complete and the applicant is otherwise qualified by

statute and these rules to sit for examination, the Board shall approve the

application for licensure by examination. 

(c)  CLARB sets the fees for the LARE.  Fee information

shall be made available to all applicants for examination on the Board website,

www.ncbola.org, and may be obtained from the CLARB.

(d)  An applicant shall be qualified for examination and licensure

upon graduation from a LAAB accredited collegiate curriculum in landscape architecture,

passage of the LARE, and the experience requirements of Paragraph (f) of this

Rule.

(e) In allowing credit for education to satisfy the minimum

qualification requirements established by G.S. 89A-4(a)(3),  an undergraduate,

a masters, or a doctorate degree from an accredited curriculum approved by the

LAAB shall be deemed to have met the educational requirement.

(f)  To fulfill the experience requirements established by

G.S. 89A-4(a)(4), an applicant shall have a minimum of 8,000 hours of professional

experience in landscape architecture working under the direct supervision of a

registered landscape architect.  In submitting an initial individual application

to the Board for registration, a licensed landscape architect shall certify

that the applicant has completed the number of hours required by this Rule.  An

applicant may petition the Board for up to 8,000 hours of experience credit by

providing proof of work experience that is directly related to the practice of

landscape architecture as defined by G.S. 89A-1(3).  Experience credits shall

be based on a full-time work week of 40 hours and a work year of at least 2,000

hours.  Part-time work shall be fully described and may be given proportional

credit.  An applicant is ineligible to receive experience credit if the work

was in fulfillment of an educational requirement.

(g)  The Board shall treat as confidential and not subject

to disclosure, except to the extent required by law or by rule of the Board,

individual test scores and applications and material relating thereto,

including letters of reference relating to an application.

 

History Note:        Authority G.S. 89A-3.1(3); 89A‑4(a),(b);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015; January 1, 2008; August 1,

1993; August 1, 1988; November 1, 1980; July 2, 1979.

 

21 NCAC 26 .0302             TEMPORARY PERMIT

 

History Note:        Authority G.S. 89A‑3.1; 89A‑4(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. October 1, 1988;

Temporary Repeal Eff. October 1, 1997;

Temporary Repeal Expired July 12, 1998;

Repealed Eff. August 1, 2000.

 

21 nCAc 26 .0303             LICENSE BY COMITY

(a)  To assure that the requirements of the other state are

at least equivalent to those of this state, an applicant for a license by

comity shall show education and experience equal to those required of

applicants residing in this State who seek licensure by examination.

(b)  An application for a license by comity shall be made on

the form provided by the Board and shall be accompanied by the fee.

(c)  To be approved for a license by comity the applicant

shall meet the following requirements:

(1)           Provide evidence of having successfully

completed the written examination established by the CLARB or hold a

certificate issued by the CLARB;

(2)           Provide certification from the proper

official of any state having a landscape architectural registration act that

the individual is currently certified, licensed, or registered and in good

standing in that state;

(3)           Submit such additional information

concerning the applicant's qualifications as may be requested by the Board; and

(4)           Submit examples of work upon request.

(d)  In lieu of the requirements of Subparagraph (c)(1) of

this Rule, an applicant for licensure by comity who was licensed prior to the

adoption of a national written examination shall show proof of having met the

requirements of their licensing state at the time of their licensure.

 

History Note:        Authority G.S. 89A-3.1(3); 89A‑4(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015; January 1, 2008; August 1,

1988; July 1, 1984.

 

21 NCAC 26 .0304             ANNUAL RENEWAL

21 NCAC 26 .0305             DENIAL: REVOCATION OR SUSPENSION OF

CERTIFICATE

 

History Note:        Authority G.S. 89A‑3(c); 89A‑5;

89A‑7;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. November 8, 1978;

Repealed Eff. August 1, 1988.

 

 

 

21 NCAC 26 .0306             REINSTATEMENT AFTER REVOCATION

Any person whose certificate of registration is revoked

shall be reinstated at any time by majority vote of the board if there is a

finding that the cause for revocation no longer exists. 

 

History Note:        Authority G.S. 89A‑3.1;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. December 1, 2005.

 

21 NCAC 26 .0307             CONTINUING EDUCATION AS A CONDITION

OF ANNUAL RENEWAL

(a)  Every licensee shall meet the continuing education

requirements for professional development as a condition for license renewal.

(b)  In order for a licensee to qualify for license renewal

as a landscape architect in North Carolina, the licensee shall have completed

10 contact hours of Board approved continuing education within the previous

license year.  Such continuing education shall be obtained by active

participation in courses, seminars, sessions, or programs approved by the

Board.

(c)  To be acceptable for credit toward this requirement,

all courses, seminars, webinars, sessions, or programs shall first be submitted

to the CEAC.  The CEAC shall review and recommend to the Board any course,

seminar, webinar, session, or program for continuing education credit to the

Board that the CEAC determines meets the criteria in Rule .0308(b) through (d)

of this Section.

(d)  Documentation of compliance with this Rule shall be by

affidavit provided on the individual application for license renewal and available

from the licensee's secure online profile.  Erroneous or false information

attested to by the licensee shall be deemed as grounds for denial of license

renewal and possible suspension of license or denial of consideration for

future license reinstatement, at the discretion of the Board.

(e)  The Board may establish, in consultation with the CEAC,

mandatory continuing education topics for a license year.

 

History Note:        Authority G.S. 89A-3.1(2); 89A‑5;

Eff. May 1, 1990;

Amended Eff. March 1, 2015; March 1, 1996.

 

21 NCAC 26 .0308             duties and functions of continuing

education advisory committee (CEAC)

(a)  CEAC members shall be reimbursed per diem and travel

expenses for official meetings at rates equivalent to rates allowed for Board

members. 

(b)  CEAC members shall serve at the discretion of the

Board.  The Board Chair shall appoint the CEAC Chair who shall serve at the

discretion of the Board Chair.

(c)  Each continuing education activity recommended for

approval by the Board shall, in the opinion of a majority of the members of the

CEAC, have a direct relationship to the practice of landscape architecture as

defined in Chapter 89A of the General Statutes of North Carolina and contain

elements that will enhance the health, safety, and welfare of the citizens of

North Carolina served by North Carolina licensed landscape architects.

(d)  The CEAC shall meet at least once during each three

month quarter of the year and act on each course, seminar, webinar, session, or

program submitted for its review on the Board's Continuing Education Activity

Approval form located on its website or available from the licensee's secure

online profile. The CEAE shall review submissions in accordance with Paragraph

(c) of this Rule.  Each program shall be recommended for approval, recommended

for disapproval, or deferred for lack of information.  Programs recommended for

approval shall be accompanied by a brief statement of findings by the committee

of how the program meets the criteria established by this Rule. 

(e)  An activity may be recommended for pre‑approval

by the CEAC before it actually occurs by following the same procedure for

submission as utilized for post-activity approval.

 

History Note:        Authority G.S. 89A-3.1(6); 89A-5;

Eff. March 1, 2015.

 

21 NCAC 26 .0309             EXemptions

(a)  A registrant shall be exempt from the continuing

education requirements for any of the following reasons:

(1)           New registrants by way of examination or comity for

the current registration year.

(2)           A licensee serving on temporary active duty in the

armed forces of the United States for a period of time exceeding 90 consecutive

days in a year or as provided by G.S. 93B-15(b), whichever is greater.

(3)           A licensee experiencing physical disability or

illness if supporting documentation is approved by the Board.  Such

documentation shall be in the form of a sworn statement by the registrant, a

statement from a physician, or medical records which show that the disability

or illness, prevented registrant's participation in a course that the

registrant had enrolled, or prevented registrant's participation in the

continuing education program for at least 90 consecutive days in a year.

(4)           A licensee with emeritus status from the Board. 

(b)  In order to return to active practice, registrants who

have received an exemption shall complete continuing education requirements for

each exempted year, not to exceed two years.

 

History Note:        Authority G.S. 89A-3.1(6); 89A-5; 93B-15;

Eff. March 1, 2015.

 

21 NCAC 26 .0310             REINSTATEMENT CRITERIA

(a)  A former licensee may only apply for reinstatement

pursuant to G.S. 89A-5 if he or she has earned all delinquent contact hours

within the 12 months preceding the application.  However, if the total number

of contact hours required to become current exceeds 24, then upon application,

the Board shall determine the number of hours required. 

(b)  An application for reinstatement shall be made on the

form provided by the Board on its website, or by U.S. Mail if requested, by

checking the appropriate box for "reinstatement" and shall be

accompanied by the fee.

 

History Note:        Authority G.S. 89A-3.1(6); 89A-5;

Eff. March 1, 2015.

 

21 NCAC 26 .0311             applications for approval

(a)  Renewal applications require the completion of a

continuing education form specified outlining credit claimed, which located on

the licensee's secure online profile.  The licensee shall supply sufficient

detail on the form to permit audit verification, certify the form by signature,

and submit the form with the renewal application and fee.

(b)  The following schedule for submittal of hours shall

apply:

(1)           Application for approval of continuing

education shall be submitted online or by paper application located on the

Board's website or available from the licensee's secure online profile.

(2)           The deadline for submittal of an

application shall be seven days prior to the regularly scheduled meeting of the

CEAC.

(3)           Activity forms submitted after May 15th

cannot be guaranteed approval within the license renewal year.

(4)           Applications for continuing education shall

be completed in full and the answers to the essay questions contained in the

application shall be in complete sentences, using proper grammar.

(5)           Administrative staff, the CEAC, and the

Board may defer any application deemed unsatisfactory and return it to the registrant

for further information or if the application does not meet the requirements

set forth in this Section.  It is the responsibility of the licensee to submit

sufficient information to satisfy the requirements of this Section.

(6)           Failure of a registrant to complete the

continuing education requirements, or failure to file a report of completed

continuing education are grounds for denial of license renewal and possible

suspension of license, or denial of consideration for future license

reinstatement.

 

History Note:        Authority G.S. 89A-3.1(6); 89A-5;

Eff. March 1, 2015.

 

21 NCAC 26 .0312             COMPLIANCE

(a)  Compliance with annual continuing education

requirements shall be determined through an audit process conducted by the

Board.  Determination of individuals to be audited shall be accomplished

through a random selection process or as the result of information received or

obtained by the Board that gives rise to the need for an audit.  Licensees

selected for auditing shall provide the Board with the following documentation

of the continuing education activities claimed for the renewal period:

(1)           Attendance verification records in the form

of transcripts, completion certificates, or other documents supporting evidence

of attendance; and

(2)           Information regarding course content,

instructors, and sponsoring organization, for activities presented by other

than approved sponsors as defined in Rule .0313 of this Section.

(b)  Attendance records shall be maintained by individual

licensees for a period of three years for audit verification purposes.

 

History Note:        Authority G.S. 89A-3.1(6); 89A-5;

Eff. March 1, 2015.

 

21 NCAC 26 .0313             INDIVIDUAL LICENSES

(a)  License registration shall be renewed on or before the

first day in July each year.  No less than 30 days prior to the renewal date,

the Board shall send a renewal reminder to each individual licensee.  The

licensee shall complete the current license renewal documentation required by

the Board and found in the licensee's secure online profile.  The licensee

shall submit to the Board the completed license renewal documentation, along

with the annual license renewal fee.  The Board shall not accept incomplete

renewal documentation. If the accompanying charge, draft, or check in the

amount of the renewal fee is dishonored by the landscape architect's drawee

bank for any reason, the Board shall suspend the license until the renewal fee

is paid.  When the annual renewal has been completed according to the

provisions of G.S. 89A-5 and Rule .0307 of this Section, the Board Executive

shall approve renewal of the license for the current license year. 

(b)  If the Board has not received the annual renewal fee

and completed renewal documentation, on or before the first day of July each

year the license shall expire and be delinquent.  The license may be renewed at

any time within one year of being deemed delinquent, upon the return of the

completed renewal documentation, as found in the licensee's secure online

profile, the annual renewal fee and the late renewal fee, along with

demonstration of compliance with Rule .0307 of this Section.  After one year

from the date of delinquency the license may no longer be renewed, but the licensee

shall seek reinstatement.  Reinstatement shall occur according to the

provisions of G.S. 89A-5 and Rule .0301 of this Section.

(c)  Renewal fees are non-refundable.

(d)  Any individual who is currently licensed by and in good

standing with the Board who is serving in the armed forces of the United States

shall not be subject to late fees, suspension, or revocation for failure to

renew licensure on or before the first day of July each year, provided that the

individual has been granted an extension of time to file a tax return as set

forth in G.S. 105-249.2.  The licensee shall, however, comply with the

continuing education requirement of Rule .0310 of this Section.

 

History Note:        Authority G.S. 89A-5; 89A-6;

Eff. March 1, 2015.

 

21 NCAC 26 .0314             CORPORATE PRACTICE OF LANDSCAPE

ARCHITECTURE

(a)  Prior to offering and rendering landscape architectural

services as set forth in G.S. 89A and Rule .0206 of this Chapter, all

corporations shall, submit an application for registration and be granted

registration by the Board.  Application for registration to practice landscape

architecture within the State of North Carolina shall be made upon forms

entitled "Application for Organization Certificate of Registration" provided

by the Board on its website and include the required application fee. 

Certificates for corporate practice may be issued only under the provisions of G.S.

55B, except as provided in Paragraph (b) of this Rule and G.S. 57C.

(b)  Applications for certificate of registration as exempt

from the Professional Corporation Act under the provisions of G.S. 55B-15 shall

be made upon forms provided by the Board.  Completed applications shall be

accompanied by the corporate application fee. To be eligible as an exempt

corporation under the provisions of G.S. 55B-15, the following conditions shall

exist:

(1)           The corporation or limited liability

company must have been incorporated or organized prior to June 5, 1969 and

permitted by law to render professional services, or must be a corporate

successor to such corporation or limited liability company as defined by G.S.

55B-15; or

(2)           The corporation or limited liability

company must have been incorporated or organized prior to October 1, 1979 and

must have been a bona fide firm engaged in the practice of landscape

architecture and such services as may be ancillary thereto within the State of

North Carolina prior to that date.

(c)  Firm registration must be renewed on or before June 30th.

If the Board has not received the annual renewal fee and completed application

on or before June 30th, the firm license shall expire and be

delinquent. No less than 30 days prior to the renewal date, the Board shall

send a notice of renewal to each registered firm.  The firm shall designate a

firm manager to complete the renewal documentation required by the Board.  The

Board shall not accept incomplete renewal documentation.  Renewal documentation

shall be accompanied by the renewal fee.  If the accompanying payment in the

amount of the renewal fee is dishonored by the firm's drawee bank for any

reason, the Board shall suspend the firm registration until the renewal fee is

paid.  When the annual renewal has been completed according to the provisions

of G.S. 89A-5, the Board Executive shall approve renewal for the firm

registration for the current renewal year.  The firm license shall not be

renewed until the individual landscape architect in responsible charge for the

firm has completed the individual renewal process.

(d)  Within one year of expiration, the firm license may be

renewed at any time upon the return of the completed renewal documents, the

annual renewal fee, and the late renewal fee.  After one year from the date of

expiration for non-payment of the annual renewal fee, the licensee shall not be

eligible to seek reinstatement, as set forth in G.S. 89A-5, and the Board may

reinstate the firms' certificate of registration only as allowed by G.S. 89A-4.

(e)  Renewal fees are non-refundable. 

(f)  Each registered corporation shall adopt a seal pursuant

to Rule .0207 of this Chapter.

(g)  In addition to the requirements and limitations of G.S.

55 and G.S. 55B, the firm name used by a landscape architectural corporation

shall conform with Rule .0206 of this Chapter and be approved by the Board

before being used.  This Rule shall not prohibit the continued use of any firm

name adopted in conformity with the General Statutes of North Carolina and the

Board's rules in effect at the date of such adoption.

(h)  Landscape architects may practice in this

State through duly authorized limited liability companies only as provided

under G.S. 57C-2-01(c).  Any limited liability company that offers to practice

or practices landscape architecture in this State shall comply with the same

requirements applicable to professional corporations under Rules .0201,

.0206, .0214, .0218 and .0219 of this Chapter.

 

History Note:        Authority G.S. 55B‑5; 55B‑10;

55B‑15; 89A‑3.1(4);

Eff. March 1, 2015.

 

21 NCAC 26 .0315             out-of-state entities

(a)  Landscape architectural entities from other states may

be granted certificates of registration for practice in this State upon receipt

by the Board of a completed application, fees, the submission of a certified

copy of its corporate charter, or other corresponding documents, amended as may

be necessary to ensure compliance with all requirements of Chapter 55B, the

Professional Corporation Act of the State of North Carolina, and the payment of

the firm application fee.  In addition to the other requirements as set out in

G.S. 83A-8, out-of-state (or "foreign") entities shall, prior to

registration, receive from the Secretary of State of North Carolina a

certificate of authority to do business within the State.  A certificate for

filing for a certificate of authority shall be obtained from the Board prior to

submitting the application to the Secretary of State.

(b)  An out-of-state entity may be permitted to practice

landscape architecture within the State of North Carolina provided that it

complies with G.S. 55B.  If an out-of-state entity offers landscape

architectural services, then it shall comply with requirements set forth in

G.S. 89A.  An out-of-state entity shall have at least one officer or director

licensed in the State as a landscape architect.  Two-thirds of the issued and

outstanding shares of the out-of-state corporations shall be held by a

landscape architect, architect, geologist, engineer, or land surveyor licensed

to practice the profession in a jurisdiction of the United States.  However,

the entity shall designate at least one landscape architect who is licensed in

the State of North Carolina to be in responsible charge for the entity's

practice of landscape architecture within the State of North Carolina. 

Notwithstanding the requirements of this Rule, an individual landscape

architect who is licensed under G.S. 89A, et seq., may practice as an

individual.

(c)  An out-of-state limited liability company may practice

landscape architecture, if the limited liability company complies with G.S. 57C

and at least one member and one manager or member/manager is licensed as a

landscape architect, architect, geologist, engineer, or land surveyor to comply

with Paragraph (a) of this Rule.

(d)  An out of state limited liability partnership may

practice landscape architecture, if the limited liability partnership complies

with G.S. 59-84.2, and at least one partner is licensed in this State as an

individual pursuant to Rule .0301 of this Section.

(e)  If the Board has not received the annual firm renewal

fee and completed application on or before June 30th, the firm registration

shall expire and be deemed delinquent.  The firm registration may be renewed at

any time within one year upon the payment of the annual renewal fee and the late

renewal fees.  After one year from the date of expiration for non-payment of

the annual renewal fee, the license shall be automatically revoked.  The Board

may reinstate the firm's certificate of registration, as allowed by Rule .0301

of this Section.

 

History Note:        Authority G.S. 55B‑6; 83A‑6;

89A‑2(a1);

Eff. March 1, 2015.

 

SECTION .0400 ‑ RULES: PETITIONS: HEARINGS

 

 

21 NCAC 26 .0401             RULE MAKING PROCEDURES

In accordance with G.S. 150B‑16, any person desiring

the adoption, amendment or repeal of a rule by the board shall submit a

petition to the board containing the following information:

(1)           Name of board;

(2)           A draft of the proposed rule;

(3)           Reasons for the adoption, amendment or repeal;

(4)           Data supporting the proposed rule;

(5)           The effect of the proposal on existing rules;

(6)           Effects of the proposed rule on persons licensed

under Chapter 89A of the General Statutes of North Carolina;

(7)           Names (including addresses if known) of those most

likely to be affected by the rule; and

(8)           Name(s) and address(es) of petitioner(s).

 

History Note:        Authority G.S. 89A‑3; 150B‑12;

150B‑16;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. August 1, 1988; April 1, 1983.

 

 

 

21 NCAC 26 .0402             CONTENTS OF PETITION

21 NCAC 26 .0403             DISPOSITION OF PETITIONS

21 NCAC 26 .0404             NOTICE OF RULEMAKING HEARINGS

21 NCAC 26 .0405             NOTICE MAILING LIST

21 NCAC 26 .0406             ADDITIONAL INFORMATION

21 NCAC 26 .0407             REQUEST TO PARTICIPATE

21 NCAC 26 .0408             CONTENTS OF REQUEST: GENERAL TIME

LIMITS

21 NCAC 26 .0409             RECEIPT OF REQUEST: SPECIFIC TIME

LIMITS

21 NCAC 26 .0410             WRITTEN SUBMISSIONS

21 NCAC 26 .0411             PRESIDING OFFICER: POWER AND DUTIES

21 NCAC 26 .0412             STATEMENT OF REASONS FOR DECISION

21 NCAC 26 .0413             RECORD OF PROCEEDINGS

21 NCAC 26 .0414             EMERGENCY RULES

 

History Note:        Authority G.S. 89A‑3(c); 150A‑11;

150A‑12; 150A‑13; 150A‑16;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.

 

 

 

 

 

SECTION .0500 - BOARD DISCIPLINARY PROCEDURES

 

 

21 NCAC 26 .0501             SUBJECTS OF DECLARATORY RULINGS

(REPEALED)

21 NCAC 26 .0502             SUBMISSION OF REQUEST FOR RULING

(REPEALED)

21 NCAC 26 .0503             DISPOSITION OF REQUESTS (REPEALED)

21 NCAC 26 .0504             RECORD OF DECISION (REPEALED)

21 NCAC 26 .0505             EFFECTIVE DATE (REPEALED)

 

History Note:        Authority G.S. 89A‑3(c); 150A‑11;

150A‑17;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.

 

 

 

21 NCAC 26 .0506             IMPROPER PRACTICE BY A REGISTRANT

21 NCAC 26 .0507             GENERAL RULES

21 NCAC 26 .0508             OPPORTUNITY FOR LICENSEE OR

APPLICANT TO HAVE HEARING

21 NCAC 26 .0509             CONDUCT OF CONTESTED CASE

 

History Note:        Authority G.S. 89A-3-(c); 89A-3A;

Temporary Adoption Eff. October 1, 1997;

Temporary Adoption Expired July 12, 1998.

 

 

 

 

 

 

21 NCAC 26 .0510             DISCIPLINARY REVIEW PROCESS

(a)  Allegations or evidence of a violation of the Landscape

Architecture Licensing Act or the rules in this Chapter shall be preliminarily reviewed

by the Board Chair and legal counsel to the Board.  Upon a determination that

evidence of a violation exists, the matter shall be subject to Board

investigation and may be subject to disciplinary action by the Board.

(b)  An investigation shall be initiated by a written notice

and explanation of the allegation being forwarded to the person or entity

against whom the charge is made and a response shall be requested of the person

or firm so charged within 30 days of receipt of said notice to show compliance

with all lawful requirements for retention of the license.  Notice of the

charge and of the alleged facts or alleged conduct shall be given personally or

by certified mail, return receipt requested.

(c)  In the discretion of the Board Chair, a field

investigation may be performed.

(d)  After additional evidence has been obtained, the Board

Chair shall either:

(1)           recommend dismissal of the charge; or

(2)           refer the matter to the Disciplinary Review

Committee.

(e)  If the Board Chair recommends dismissal, the Chair

shall give a summary report to the Board and a vote shall be called to dismiss

the complaint.  If the Board does not vote to dismiss the complaint, the matter

shall be forwarded to the Disciplinary Review Committee for further

consideration.

(f)  The Disciplinary Review Committee shall be made up of a

minimum of one member of the Board and the Board Chair.

(g)  Upon review of the evidence, and further investigation

if necessary, the Disciplinary Review Committee shall present to the Board a written

recommendation that may include the following:

(1)           The charge be dismissed as unfounded or

that the Board is without jurisdiction over the matter;

(2)           The charge is admitted as true, whereupon

the Board may accept the admission of guilt by the person or entity charged and

discipline the person or entity accordingly;

(3)           The Board may accept a proposed settlement

negotiated in an effort to resolve the alleged violations; or

(4)           The charge be presented to the full Board

for a hearing and determination of sanctions by the Board in accordance with

the substantive and procedural requirements of the provisions of G.S. 150B,

Article 3A.

(h)  A consultant to the Disciplinary Review Committee shall

be designated by the legal counsel of the Board if the Chair of the

Disciplinary Review Committee determines that it needs assistance.  The

consultant shall be a currently licensed landscape architect selected from

former Board members or other licensed professionals who are knowledgeable with

the Board's processes and have expressed an interest in serving as a

consultant.  The consultant shall review all case materials and assist the

Disciplinary Review Committee in making a recommendation as to the merits of

the case. 

(i)  At least 15 days written notice of the date of

consideration by the Board of the recommendations of the Disciplinary Review

Committee shall be given to the person or entity against whom the charges have

been brought and the person submitting the charge. 

(j)  When the Board issues a notice of hearing against whom

the charges are brought, the person or entity may request in writing a

settlement conference to pursue resolution of the issue(s) through informal

procedures.  If, after the completion of a settlement conference, the person or

entity and the Board's Disciplinary Review Committee do not agree to a

resolution of the dispute for the full Board's consideration, the original

disciplinary review process shall commence.  During the course of the

settlement conference, no sworn testimony shall be taken.  

 

History Note:        Authority G.S. 89A-3.1(7),(8),(9); 89A‑7;

Eff. December 1, 2005;

Amended Eff. March 1, 2015.

 

SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: PROCEDURES

 

 

21 NCAC 26 .0601             RIGHT TO HEARING

21 NCAC 26 .0602             REQUEST FOR HEARING

21 NCAC 26 .0603             GRANTING OR DENYING HEARING REQUESTS

21 NCAC 26 .0604             NOTICE OF HEARING

21 NCAC 26 .0605             NO EX PARTE COMMUNICATIONS

21 NCAC 26 .0606             PETITION FOR INTERVENTION

21 NCAC 26 .0607             TYPES OF INTERVENTION

21 NCAC 26 .0608             HEARING OFFICER: DESIGNATION: POWERS

21 NCAC 26 .0609             DISQUALIFICATION OF HEARING OFFICERS

 

History Note:        Authority G.S. 89A‑3(c); 150A‑23(a);

150A‑23(c); 150A‑23(d); 150A‑32; 150A‑33;

150A‑35;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.

 

 

 

 

 

SECTION .0700 ‑ ADMINISTRATIVE HEARINGS: DECISIONS:

RELATED RIGHTS

 

 

21 NCAC 26 .0701             FAILURE TO APPEAR

21 NCAC 26 .0702             SIMPLIFICATION OF ISSUES

21 NCAC 26 .0703             SUBPOENAS

21 NCAC 26 .0704             FINAL DECISIONS IN ADMINISTRATIVE

HEARINGS

21 NCAC 26 .0705             PROPOSALS FOR DECISIONS

 

History Note:        Authority G.S. 89A‑3(c); 150A‑25(a);

150A‑27; 150A‑33(5); 150A‑34(a),(b),(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. November 8, 1978;

Repealed Eff. May 1, 1983.

 

 

 

 

 

SECTION .0800 ‑ JUDICIAL REVIEW

 

 

21 NCAC 26 .0801             RIGHT TO JUDICIAL REVIEW

21 NCAC 26 .0802             MANNER OF SEEKING REVIEW: TIME FOR

FILING PETITION: WAIVER

 

History Note:        Authority G.S. 89A‑3(c); 150A‑43;

150A‑45;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.

 

 

 

 

 

 

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