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Repealed Eff.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Repealed Eff.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.
