[Rev. 2/11/2015 11:40:36
AM--2014R2]
CHAPTER 623A - LANDSCAPE ARCHITECTS
GENERAL PROVISIONS
NRS 623A.010 Legislative
declaration.
NRS 623A.020 Definitions.
NRS 623A.030 “Board”
defined.
NRS 623A.033 “Certificate
of registration” defined.
NRS 623A.035 “Direct
supervision” defined.
NRS 623A.040 “Instruments
of service” defined.
NRS 623A.050 “Landscape
architect” defined.
NRS 623A.055 “Landscape
architect intern” defined.
NRS 623A.060 “Practice
of landscape architecture” defined.
NRS 623A.065 Good
moral character.
NRS 623A.070 Applicability.
STATE BOARD OF LANDSCAPE ARCHITECTURE
NRS 623A.080 Creation;
number, appointment and qualifications of members; terms; oaths; removal;
vacancies; immunity.
NRS 623A.090 Compensation
of members and employees.
NRS 623A.100 Officers;
duties of Executive Director.
NRS 623A.110 Meetings;
quorum.
NRS 623A.120 Employees:
Hiring, compensation and reimbursement.
NRS 623A.130 Duties.
NRS 623A.133 Code
of conduct; approval of code.
NRS 623A.135 Records
of certificates of registration and certificates to practice as landscape
architect intern; inspection; sale.
NRS 623A.140 Powers.
NRS 623A.143 Authority
of Board to grant or deny applications for certificates, revoke or suspend
certificates, hold membership in certain organizations and administer
examinations.
NRS 623A.147 Operation
on basis of fiscal year.
NRS 623A.150 Deposit
and use of money collected by Board; delegation of authority concerning
disciplinary action; deposit of fines; claim for attorney’s fees or cost of
investigation.
NRS 623A.160 Designation
of Attorney General as legal adviser.
CERTIFICATION
NRS 623A.165 Practice
of landscape architecture or use of certain titles without certificate
prohibited; issuance of certificate; contents of certificate.
NRS 623A.170 Application;
qualifications of applicant; study equivalent to work experience; standards for
examinations; deadline for application.
NRS 623A.180 Action
of Board on application; notification of applicant.
NRS 623A.185 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate; duty of Board. [Effective until the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 623A.185 Payment
of child support: Submission of certain information by applicant; grounds for
denial of certificate; duty of Board. [Effective on the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 623A.187 Crediting
of work experience; applicant for certificate required to comply with
requirements for education and experience before taking examination.
NRS 623A.190 Examination.
NRS 623A.193 Issuance
of certificate of registration without examination.
NRS 623A.195 Seal:
Design; use; unlawful acts.
NRS 623A.200 Renewal
or reinstatement of certificate; issuance of renewal card; record of renewal;
unlawful acts.
NRS 623A.210 New
certificate required after failure to renew within 3 years.
NRS 623A.215 Renewal
of certificate: Continuing education; regulations.
NRS 623A.220 Renewal
of suspended certificate; reinstatement of revoked certificate.
NRS 623A.225 Issuance
of temporary certificate prohibited.
NRS 623A.230 Notification
of Executive Director upon change of address or if certificate is lost, stolen,
destroyed or mutilated; duplicate certificate; regulations.
NRS 623A.240 Fees.
NRS 623A.250 Conditions
under which association may practice landscape architecture; conditions under
which landscape architects may form associations with certain other persons;
association and certain owners responsible for violations.
NRS 623A.260 Conditions
under which association may establish and operate branch offices.
LANDSCAPE ARCHITECT INTERNS
NRS 623A.263 Application;
qualifications of applicant.
NRS 623A.267 Issuance
of certificate; supervision by holder of certificate of registration;
expiration.
DISCIPLINARY ACTION
NRS 623A.270 Authorized
actions of Board; conditions of probation; orders imposing discipline deemed
public records; private reprimands prohibited.
NRS 623A.280 Grounds.
NRS 623A.285 Suspension
of certificate for failure to pay support or comply with certain subpoenas or
warrants; reinstatement of certificate. [Effective until 2 years after the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 623A.290 Complaint
against holder of certificate: Contents; filing.
NRS 623A.305 Consideration
of complaint by President of Board; recommendation to Board; action by Board.
NRS 623A.350 Limitations
on complaints.
MISCELLANEOUS PROVISIONS
NRS 623A.351 Immunity
from civil action.
NRS 623A.353 Confidentiality
of certain records of Board; exceptions.
NRS 623A.355 Inclusion
of number of certificate in advertising and business cards.
NRS 623A.357 Allegation
and proof of registered or certified status in action for compensation.
PENALTIES; INJUNCTIVE RELIEF
NRS 623A.360 Penalty.
NRS 623A.365 Civil
penalty.
NRS 623A.370 Injunctive
relief; remedies cumulative.
_________
GENERAL PROVISIONS
NRS 623A.010 Legislative declaration. The
practice of landscape architecture affects the public welfare and is charged
with the public interest and therefore subject to protection and regulation by
the State.
(Added to NRS by 1975, 1464)
NRS 623A.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 623A.030 to 623A.060, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1975, 1464; A 2001, 502)
NRS 623A.030 “Board” defined. “Board”
means the State Board of Landscape Architecture.
(Added to NRS by 1975, 1464; A 2001, 502)
NRS 623A.033 “Certificate of registration” defined. “Certificate
of registration” means a certificate of registration issued by the Board to a
landscape architect pursuant to the provisions of this chapter.
(Added to NRS by 2001, 497)
NRS 623A.035 “Direct supervision” defined. “Direct
supervision” means a critical examination and evaluation of the work product by
a holder of a certificate of registration, during and after the work product is
prepared, to ensure that the work product complies with any applicable law or
regulation concerning the practice of landscape architecture.
(Added to NRS by 2001, 497)
NRS 623A.040 “Instruments of service” defined. “Instruments
of service” means the finalized drawings or specifications prepared by the
holder of a certificate of registration.
(Added to NRS by 1975, 1464; A 2001, 502)
NRS 623A.050 “Landscape architect” defined. “Landscape
architect” means any person who engages in the practice of landscape
architecture.
(Added to NRS by 1975, 1465)
NRS 623A.055 “Landscape architect intern” defined. “Landscape
architect intern” means a person who is issued a certificate to practice as a
landscape architect intern pursuant to the provisions of this chapter.
(Added to NRS by 2001, 497)
NRS 623A.060 “Practice of landscape architecture” defined. “Practice of landscape architecture” means to
provide or hold professional services out to the public, including, without
limitation, services for consultation, investigation, reconnaissance, research,
planning, design, preparation of drawings and specifications, and supervision,
if the dominant purpose of the services is for the:
1. Preservation, enhancement or
determination of proper land uses, natural land features, ground cover and
planting, naturalistic and esthetic values, natural drainage, and the settings
and approaches to buildings, structures, facilities and other improvements; and
2. Consideration and determination of
issues of the land relating to erosion, wear and tear, lighting
characteristics, and design of landscape irrigation, lighting and grading.
Ê The term
includes the location and arrangement of such tangible objects, structures and
features as are incidental and necessary to that dominant purpose, but does not
include the design of structures or facilities with separate and self-contained
purposes for habitation or industry whose design is normally included in the
practice of architecture or professional engineering.
(Added to NRS by 1975, 1465; A 1995, 1048; 2001, 502)
NRS 623A.065 Good moral character. For
the purposes of this chapter, a person has good moral character if the person:
1. Has not been convicted of a felony,
misdemeanor or gross misdemeanor that is directly related to the practice of
landscape architecture;
2. Has not committed an act involving
dishonesty, fraud, misrepresentation, breach of a fiduciary duty, gross
negligence or incompetence while engaged in the practice of landscape
architecture;
3. Is not incarcerated in a jail or prison
at the time of submitting an application for a certificate of registration or a
certificate to practice as a landscape architect intern;
4. Has not committed fraud or
misrepresentation in connection with:
(a) The submission of an application for a
certificate of registration or certificate to practice as a landscape architect
intern; or
(b) The taking of one or more examinations
pursuant to the provisions of this chapter;
5. Has not had a certificate of
registration suspended or revoked by the Board or in any other state or
country;
6. Has not, in lieu of receiving
disciplinary action, surrendered a certificate of registration or certificate
to practice as a landscape architect intern in this State or a certificate or
license to practice landscape architecture issued in another state or country;
7. Has not engaged in the practice of
landscape architecture in this State or in any other state or country without a
license or certificate of registration or certificate to practice as a
landscape architect intern within the 2 years immediately preceding the filing
of an application for a certificate of registration or certificate to practice
as a landscape architect intern pursuant to the provisions of this chapter; or
8. Has not, within the 5 years immediately
preceding the filing of an application specified in subsection 7, engaged in
unprofessional conduct in violation of the regulations adopted by the Board.
(Added to NRS by 2001, 497; A 2003, 2703)
NRS 623A.070 Applicability.
1. This chapter does not apply to:
(a) Owners of property who make plans,
specifications or drawings for their own property.
(b) Any person engaged in the practice of
architecture who is registered pursuant to the provisions of chapter 623 of NRS.
(c) A contractor licensed pursuant to the
provisions of chapter 624 of NRS who provides
his or her own drawings for his or her own construction activities.
(d) Any person who is licensed as a civil
engineer pursuant to the provisions of chapter
625 of NRS.
(e) Any person who designs, manufactures or sells
irrigation equipment and provides instructions pertaining to the mechanical
erection and installation of the equipment but does not install the equipment.
2. Any person exempted by the provisions
of this section is not thereby absolved from any civil or criminal liability
that might otherwise accrue.
3. The exemptions provided by this section
do not entitle any person who does not hold a certificate of registration or
certificate to practice as a landscape architect intern to hold himself or
herself out to the public or advertise himself or herself as a landscape
architect or a landscape architect intern.
(Added to NRS by 1975, 1469; A 1995, 1049; 1997, 1037; 2001, 502)
STATE BOARD OF LANDSCAPE ARCHITECTURE
NRS 623A.080 Creation; number, appointment and qualifications of members;
terms; oaths; removal; vacancies; immunity.
1. The State Board of Landscape
Architecture, consisting of five members appointed by the Governor, is hereby
created.
2. The Governor shall appoint:
(a) Four members who, at the time of their
appointment, are not the subject of any disciplinary action by the Board and
who, for not less than 3 years immediately preceding their appointment, have
been:
(1) Engaged in the practice of landscape
architecture; and
(2) Holders of certificates of
registration; and
(b) One member who is a representative of the
general public. This member must not be:
(1) A landscape architect or a landscape
architect intern; or
(2) The spouse or the parent or child, by
blood, marriage or adoption, of a landscape architect or a landscape architect
intern.
3. Each member must have been a resident
of this State for not less than 3 years immediately preceding appointment to
the Board.
4. A member of the Board shall not serve
for more than three terms.
5. Each member of the Board shall, within
30 days after being appointed, take and subscribe to the oath of office as
prescribed by the laws of this State and file the oath with the Secretary of
State.
6. The member who is a representative of
the general public shall not participate in preparing or grading any
examination required by the Board.
7. Upon receipt of a complaint concerning
a member of the Board and for good cause shown, the Governor may, after
providing 10 days’ notice to the member and providing an opportunity for a
hearing, remove the member for inefficiency, neglect of duty or malfeasance in
office.
8. An appointment to fill a vacancy in the
membership of the Board for a cause other than expiration of the term must be
for the unexpired portion of the term.
9. A member, agent or employee of the
Board or any hearing officer or member of a hearing panel appointed by the
Board is immune from personal liability relating to any action taken in good
faith and within the scope of his or her authority.
(Added to NRS by 1975, 1465; A 1977, 1248; 2001, 503; 2003, 1188)
NRS 623A.090 Compensation of members and employees.
1. Members of the Board are entitled to
receive:
(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses, at
a rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.
3. Any salary, per diem allowance or
travel expenses paid pursuant to the provisions of this section must be paid
from money kept or deposited by the Board in accordance with the provisions of NRS 623A.150.
(Added to NRS by 1975, 1465; A 1981, 1991; 1989, 1694; 2001, 503; 2007, 2940)
NRS 623A.100 Officers; duties of Executive Director.
1. At each annual meeting of the Board,
the members shall:
(a) Elect a President and a Secretary; and
(b) Appoint an Executive Director.
2. The President and the Secretary of the
Board serve without additional compensation.
3. The Executive Director must not be a
member of the Board and is entitled to a salary fixed by the Board.
4. The Executive Director shall:
(a) Keep an accurate record of all proceedings of
the Board;
(b) Maintain custody of the official seal;
(c) Maintain a file containing the names and
addresses of all holders of certificates of registration and certificates to
practice as a landscape architect intern;
(d) Submit to the Board each application for a
certificate of registration or certificate to practice as a landscape architect
intern that is filed with the Board;
(e) If a holder of a certificate of registration
or certificate to practice as a landscape architect intern has violated any
provision of this chapter, file a complaint with the Attorney General; and
(f) Perform any other duties assigned by the
Board.
(Added to NRS by 1975, 1465; A 1995, 1049; 2001, 503)
NRS 623A.110 Meetings; quorum.
1. The Board shall meet at least once each
calendar quarter for the purpose of transacting its regular business and may
meet at any other time as the Board designates.
2. Special meetings of the Board must be
called by the Executive Director upon the written request of any member, by
giving 20 days’ written notice of the meeting and the time and place the
meeting is to be held to each member of the Board.
3. Three members of the Board constitute a
quorum.
(Added to NRS by 1975, 1466; A 1979, 962; 1995, 1049)
NRS 623A.120 Employees: Hiring, compensation and reimbursement. The Board may:
1. Employ and fix the compensation for
legal counsel, inspectors, special agents, investigators and clerical personnel
necessary to the discharge of its duties; and
2. Reimburse an employee specified in
subsection 1 for any actual expenses incurred by the employee while acting on
behalf of the Board.
(Added to NRS by 1975, 1466; A 2001, 504)
NRS 623A.130 Duties. The Board
shall:
1. Adopt an official seal.
2. Administer and enforce the provisions
of this chapter.
3. Adopt regulations for the
administration of this chapter.
4. Administer and conduct comprehensive
examinations of applicants, which must test the applicant’s fitness to engage
in the practice of landscape architecture.
(Added to NRS by 1975, 1466; A 1977, 87; 2001, 504)
NRS 623A.133 Code of conduct; approval of code. The
Board shall prepare and adopt a code of conduct for holders of certificates of
registration and holders of a certificate to practice as a landscape architect
intern. The code must ensure the maintenance of a high standard of integrity,
dignity and professional responsibility by members of the profession. Before
adopting the code, the Board shall send a copy of the proposed code to each
holder of a certificate of registration and holder of a certificate to practice
as a landscape architect intern. Each holder of a certificate of registration
and holder of a certificate to practice as a landscape architect intern may
vote on any provision included in the code. The Board may adopt each provision
in the code unless 25 percent or more of the holders of certificates of
registration vote against that provision.
(Added to NRS by 2001, 498; A 2003, 4)
NRS 623A.135 Records of certificates of registration and certificates to
practice as landscape architect intern; inspection; sale. The Board shall prepare and maintain a record
of each certificate of registration and certificate to practice as a landscape
architect intern. The record must include, without limitation, the name of the
holder of the certificate of registration or the certificate to practice as a
landscape architect intern, the address at which he or she resides and the
number of the certificate of registration or certificate to practice as a
landscape architect intern. The Board shall make the record available:
1. For inspection by each holder of a
certificate of registration or certificate to practice as a landscape architect
intern in a manner prescribed by the Board; and
2. For sale to a member of the general
public who is not a holder of a certificate of registration or certificate to
practice as a landscape architect intern.
(Added to NRS by 2001, 498; A 2003, 4)
NRS 623A.140 Powers. In a manner
consistent with the provisions of chapter 622A
of NRS, the Board may:
1. Grant or refuse certificates after
examination and revoke or suspend a certificate or take any other disciplinary
action set forth in NRS 623A.270 for any of the
causes specified in this chapter.
2. Take depositions and issue subpoenas
for the purpose of any hearing authorized by this chapter.
3. Establish reasonable educational
requirements for applicants.
4. Establish requirements for approval of
schools of landscape architecture.
(Added to NRS by 1975, 1466; A 1981, 97; 1995, 1050; 2005, 755)
NRS 623A.143 Authority of Board to grant or deny applications for
certificates, revoke or suspend certificates, hold membership in certain
organizations and administer examinations. The
Board may:
1. Grant or deny an application for a
certificate to practice as a landscape architect intern after examination and
revoke or suspend a certificate to practice as a landscape architect intern or
take any other disciplinary action set forth in NRS 623A.270
for any of the causes specified in this chapter;
2. Hold membership in any organization
relating to landscape architects or the practice of landscape architecture; or
3. Administer examinations on behalf of
any national association of registered boards that certifies landscape
architects.
(Added to NRS by 2001, 501)
NRS 623A.147 Operation on basis of fiscal year. The
Board shall operate on the basis of a fiscal year beginning on July 1 and
ending on June 30.
(Added to NRS by 2001, 498)
NRS 623A.150 Deposit and use of money collected by Board; delegation of
authority concerning disciplinary action; deposit of fines; claim for
attorney’s fees or cost of investigation.
1. All money coming into the possession of
the Board must be kept or deposited by the Executive Director in an account in
a bank, credit union or savings and loan association in this State.
2. Except as otherwise provided in
subsection 6, all money collected by the Board must be used to pay the expenses
of:
(a) Examinations and the issuance of certificates
of registration and certificates to practice as a landscape architect intern;
and
(b) Conducting the business of the Board.
3. The expenses, including the per diem
allowances and travel expenses of the members and employees of the Board while
engaged in the business of the Board and the expenses to conduct examinations,
must be paid from the current receipts. No portion thereof may be paid from the
State Treasury.
4. Any balance remaining in excess of the
expenses incurred may be retained by the Board and used to defray the future
expenses of the Board.
5. In a manner consistent with the
provisions of chapter 622A of NRS, the
Board may delegate to a hearing officer or panel its authority to take any disciplinary
action pursuant to the provisions of this chapter, impose and collect fines and
penalties therefor and deposit the money therefrom in an account maintained by
the Board in a bank, credit union or savings and loan association specified in
subsection 1.
6. If a hearing officer or panel is not
authorized to take disciplinary action pursuant to the provisions of subsection
5 and the Board deposits the money collected from the imposition of fines with
the State Treasurer for credit to the State General Fund, it may present a
claim to the State Board of Examiners for recommendation to the Interim Finance
Committee if money is needed to pay attorney’s fees or the costs of an
investigation, or both.
(Added to NRS by 1975, 1466; A 1995, 1050; 1999, 1528; 2001, 504; 2005, 755)
NRS 623A.160 Designation of Attorney General as legal adviser. The Attorney General is the legal adviser of
the Board, but the Board may employ legal counsel.
(Added to NRS by 1975, 1466)
CERTIFICATION
NRS 623A.165 Practice of landscape architecture or use of certain titles
without certificate prohibited; issuance of certificate; contents of
certificate.
1. A person shall not engage in the
practice of landscape architecture or use the title of “landscape architect” or
“landscape architect intern” unless the person is issued a certificate of
registration or certificate to practice as a landscape architect intern by the
Board pursuant to the provisions of this chapter.
2. If an applicant complies with the
provisions of this chapter and is otherwise qualified to engage in the practice
of landscape architecture, the Board shall, upon payment by the applicant of
the applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240, issue to the applicant a certificate of
registration or certificate to practice as a landscape architect intern. If a
certificate of registration or certificate to practice as a landscape architect
intern is issued after the beginning of the fiscal year, the Board may prorate
the fee that the applicant must pay for that year pursuant to those provisions.
3. Each certificate of registration must
include the complete name of the holder of the certificate, the number of the
certificate, and the signatures of the President and Secretary of the Board.
(Added to NRS by 2001, 501)
NRS 623A.170 Application; qualifications of applicant; study equivalent to
work experience; standards for examinations; deadline for application.
1. Any person who:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States; and
(d) Has satisfied the requirements for education
and experience in landscape architecture, in any combination deemed suitable by
the Board,
Ê may submit
an application for a certificate of registration to the Board upon a form and
in a manner prescribed by the Board. The application must be accompanied by the
application fee prescribed by the Board pursuant to the provisions of NRS 623A.240 and all information required to complete
the application.
2. Each year of study, not exceeding 5
years of study, satisfactorily completed in a program of landscape architecture
accredited by the Landscape Architectural Accrediting Board or a similar
national board approved by the Board, or a program of landscape architecture in
this State approved by the Board, is considered equivalent to 1 year of
experience in landscape architectural work for the purpose of registration as a
landscape architect.
3. The Board shall, by regulation,
establish standards for examinations which may be consistent with standards
employed by other states. The Board may adopt the standards of a national
association of registered boards approved by the Board, and the examination and
grading procedure of that organization, as they exist on the date of adoption.
Examinations may include tests in such technical, professional and ethical
subjects as are prescribed by the Board.
4. If the Board administers or causes to
be administered an examination during:
(a) June of any year, an application to take that
examination must be postmarked not later than March 1 of that year; or
(b) December of any year, an application to take
that examination must be postmarked not later than September 1 of that year.
(Added to NRS by 1975, 1466; A 1997, 2111; 2001, 505; 2005, 2701, 2807)
NRS 623A.180 Action of Board on application; notification of applicant.
1. The Board shall approve or disapprove
each application. Except as otherwise provided in subsection 4, the Board shall
approve the application if the Board is satisfied that:
(a) The information set forth in the application
is true;
(b) The applicant is qualified to take the
examination;
(c) The applicant has paid the examination fee;
and
(d) The applicant has submitted all information
required to complete the application.
2. If the Board approves an application,
the Executive Director shall promptly notify the applicant in writing of the
approval and of the time and place of the examination, if required.
3. If the Board disapproves an
application, the Executive Director shall promptly notify the applicant of the
disapproval, stating the reasons therefor.
4. The Board may disapprove an application
for any violation of the provisions of this chapter.
(Added to NRS by 1975, 1466; A 1977, 87; 1995, 1050; 1997, 2111; 2001, 505; 2005, 2702, 2807)
NRS 623A.185 Payment of child support: Submission of certain information by
applicant; grounds for denial of certificate; duty of Board. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a
certificate of registration or certificate to practice as a landscape architect
intern shall include the social security number of the applicant in the
application submitted to the Board.
(b) An applicant for the issuance or renewal of a
certificate of registration or certificate to practice as a landscape architect
intern shall submit to the Board the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human Services
pursuant to the provisions of NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to the provisions of subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate of registration or
certificate to practice as a landscape architect intern; or
(b) A separate form prescribed by the Board.
3. A certificate of registration or
certificate to practice as a landscape architect intern may not be issued or
renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to the provisions of subsection 1; or
(b) Indicates on the statement submitted pursuant
to the provisions of subsection 1 that the applicant is subject to a court
order for the support of a child and is not in compliance with the order or a
plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2110; A 2001, 506; 2005, 2702, 2807, 2810)
NRS 623A.185 Payment of child support:
Submission of certain information by applicant; grounds for denial of
certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
certificate of registration or certificate to practice as a landscape architect
intern shall submit to the Board the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human Services
pursuant to the provisions of NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to the provisions of subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate of registration or
certificate to practice as a landscape architect intern; or
(b) A separate form prescribed by the Board.
3. A certificate of registration or
certificate to practice as a landscape architect intern may not be issued or
renewed by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to the provisions of subsection 1; or
(b) Indicates on the statement submitted pursuant
to the provisions of subsection 1 that the applicant is subject to a court
order for the support of a child and is not in compliance with the order or a
plan approved by the district attorney or other public agency enforcing the
order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2110; A 2001, 506; 2005, 2702, 2703, 2807, 2810,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 623A.187 Crediting of work experience; applicant for certificate required
to comply with requirements for education and experience before taking
examination.
1. For the purpose of issuing a
certificate of registration or a certificate to practice as a landscape
architect intern pursuant to the provisions of this chapter, the Board shall
credit work experience as follows:
(a) One hundred and thirty hours or more of work
in the practice of landscape architecture completed during a month is equal to
1 month of work experience.
(b) Eighty-five hours or more but less than one
hundred and thirty hours of work in the practice of landscape architecture
completed during a month is equal to one-half of a month of work experience.
2. The Board shall not grant credit for
work experience to an applicant for less than 85 hours of work experience in
the practice of landscape architecture completed during a month.
3. Before the Board may grant credit to an
applicant for work experience pursuant to the provisions of this section, the
employer of the applicant must submit proof satisfactory to the Board that the
applicant completed the work experience for which the applicant wishes to
receive credit.
4. Except as otherwise provided in this
subsection, all work experience must be completed under the direct supervision
of a holder of a certificate of registration. The Board may adopt regulations
that provide for the granting of credit for not more than 1 year of work
experience completed under the direct supervision of a person who is licensed
in a profession other than the practice of landscape architecture.
5. Each applicant for a certificate of
registration or certificate to practice as a landscape architect intern must,
before taking one or more examinations required for the certificate, comply
with the requirements for education and experience set forth in this chapter
and any regulations adopted by the Board.
(Added to NRS by 2001, 499)
NRS 623A.190 Examination.
1. The Board shall administer or cause to
be administered a written examination to each applicant for a certificate of
registration or certificate to practice as a landscape architect intern.
2. The examination must be given at such
times and places and under such supervision as the Board may determine.
3. The Board may include in the written
examination any theoretical or applied fields and ethical issues it deems
appropriate to determine professional skills and judgment.
4. Except as otherwise provided in NRS 622.090, the Board shall, by
regulation, establish the grade that is required to pass the written
examination.
5. The written examination may be waived
by the Board if the applicant:
(a) Presents documentation that he or she has
passed an examination in another state or country that has been accepted as an
equivalent by a national association of registered boards; or
(b) Has been certified by such an organization.
6. Written examination papers must be
destroyed after a certificate of registration is issued.
7. If the applicant fails to pass the
written examination or any part thereof, the applicant may retake the
examination or the part failed in a subsequent examination upon the payment of
the applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240.
(Added to NRS by 1975, 1467; A 1981, 780; 2001, 506; 2007, 2940)
NRS 623A.193 Issuance of certificate of registration without examination. The Board may issue a certificate of
registration without examination to a person who submits evidence satisfactory
to the Board that he or she:
1. Is licensed, registered or certified as
a landscape architect in another jurisdiction if, as determined by the Board,
the qualifications required for the license, registration or certification are
substantially equivalent to the qualifications set forth in this chapter for
the issuance of a certificate of registration; and
2. Is otherwise qualified for a
certificate of registration to engage in the practice of landscape architecture
in this State.
(Added to NRS by 2001, 499)
NRS 623A.195 Seal: Design; use; unlawful acts.
1. Upon issuing a certificate of
registration, the Board shall issue to the holder of the certificate of
registration a seal of the design authorized by the Board, bearing the name of
the holder of the certificate of registration, the number of the certificate of
registration and the title “landscape architect.”
2. A plan, specification, report or other
document issued by a holder of a certificate of registration for official use
must be signed, sealed and dated on the title page by him or her with a
permanently legible imprint of his or her seal and signature. The Board may
adopt regulations specifying the manner in which a holder of a certificate of
registration may electronically transmit such a plan, specification, report or
other document.
3. It is unlawful for a person to stamp or
seal any plan, specification, report or other document with the seal of a
holder of a certificate of registration after the certificate of registration
has expired or has been suspended or revoked, unless the certificate of
registration has been renewed or reissued.
(Added to NRS by 2001, 500)
NRS 623A.200 Renewal or reinstatement of certificate; issuance of renewal
card; record of renewal; unlawful acts.
1. Each certificate of registration
expires on June 30 next following the date of issuance.
2. A certificate of registration may be
renewed for 1 year from each succeeding July 1, upon submission of:
(a) The annual renewal fee prescribed by the
Board pursuant to the provisions of NRS 623A.240;
(b) Proof of compliance with the requirements
established by the Board for continuing education for the renewal of the
certificate of registration; and
(c) All information required to complete the
renewal.
3. A certificate of registration that has
expired through failure to be renewed may be renewed at any time within 1 year
after the date of its expiration upon application to and with the approval of
the Board and upon payment of the annual renewal fee and the delinquency fee
prescribed by the Board pursuant to the provisions of NRS
623A.240.
4. A certificate of registration that has
expired for failure to be renewed within 1 year after the date of its
expiration may be reinstated by the Board without examination within 3 years
after the date the certificate of registration expires upon application to and
with the approval of the Board and upon payment of:
(a) The annual renewal fee for each year, or part
thereof, the certificate of registration is not renewed;
(b) The delinquency fee; and
(c) The reinstatement fee.
5. If a holder of a certificate of
registration submits to the Board the annual renewal fee, proof and information
required pursuant to the provisions of subsection 2, or if the Board approves
the renewal or reinstatement of a certificate of registration pursuant to the
provisions of subsection 3 or 4, the Executive Director of the Board shall,
upon receipt of the applicable fees, proof and information or upon receipt of
the approval of the Board, issue a renewal card to the applicant, indicating
that the certificate of registration is renewed for 1 year. The renewal card
must bear the seal of the Board and include:
(a) The number of the certificate of
registration; and
(b) The signature of the President or Executive
Director of the Board or a facsimile of that signature.
6. The renewal of a certificate of
registration and the number of the certificate of registration must be recorded
by the Executive Director of the Board in accordance with the provisions of NRS 623A.135.
7. The unauthorized use or display of a
certificate of registration or renewal card for that certificate of
registration, or the seal of a holder of a certificate of registration, is
unlawful.
(Added to NRS by 1975, 1467; A 1995, 1051; 1997, 2112; 2001, 507; 2005, 2704, 2807)
NRS 623A.210 New certificate required after failure to renew within 3 years. If a certificate of registration has not been
renewed within 3 years after its expiration, the holder of the certificate of
registration may apply for and obtain a new certificate of registration if he
or she:
1. Is otherwise eligible;
2. Pays all fees required by this chapter;
3. Passes an examination administered or
approved by the Board; and
4. Establishes to the satisfaction of the
Board that he or she is qualified to practice landscape architecture.
(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)
NRS 623A.215 Renewal of certificate: Continuing education; regulations. The Board may, by regulation, require each
holder of a certificate of registration to complete a course of continuing
education as a condition for the renewal of the certificate of registration.
The regulations must include the number of hours of continuing education that
the holder of the certificate of registration must complete to renew the
certificate.
(Added to NRS by 2001, 501)
NRS 623A.220 Renewal of suspended certificate; reinstatement of revoked
certificate.
1. A suspended certificate of registration
expires unless it is renewed by the holder of the certificate of registration.
The renewal does not entitle the holder to engage in the practice of landscape
architecture until the expiration of the suspension period or until the
certificate of registration is reinstated by the Board.
2. A revoked certificate of registration
expires and is not subject to renewal. If the certificate of registration is
reinstated after its expiration, the holder of the certificate of registration
shall pay the fee for reinstatement prescribed by the Board pursuant to the
provisions of NRS 623A.240.
(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)
NRS 623A.225 Issuance of temporary certificate prohibited. The Board shall not issue a temporary
certificate of registration or certificate to practice as a landscape architect
intern.
(Added to NRS by 2001, 501)
NRS 623A.230 Notification of Executive Director upon change of address or if
certificate is lost, stolen, destroyed or mutilated; duplicate certificate;
regulations.
1. A holder of a certificate of
registration shall notify the Executive Director in writing of any change of
address of his or her business or residence and if the certificate of
registration has been lost, stolen, destroyed or mutilated.
2. The Executive Director shall issue a
duplicate certificate of registration in accordance with regulations
established by the Board upon application and payment of the fee for
replacement of a certificate of registration prescribed by the Board pursuant
to the provisions of NRS 623A.240.
(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)
NRS 623A.240 Fees.
1. The following fees must be prescribed
by the Board and must not exceed the following amounts:
Application
fee................................................................................................ $200.00
Examination
fee.............................................................................................. 100.00,
plus
the actual
cost
of the
examination
Certificate
of registration................................................................................... 25.00
Annual
renewal fee........................................................................................... 200.00
Reinstatement
fee............................................................................................. 300.00
Delinquency
fee................................................................................................... 50.00
Change of
address fee........................................................................................ 10.00
Copy of a
document, per page..........................................................................
.25
2. In addition to the fees set forth in
subsection 1, the Board may charge and collect a fee for the expedited
processing of a request or for any other incidental service it provides. The
fee must not exceed the cost incurred by the Board to provide the service.
3. The Board may authorize a landscape
architect intern to pay the application fee or any portion of that fee during
any period in which he or she is the holder of a certificate to practice as a
landscape architect intern. If a landscape architect intern pays the fee or any
portion of the fee during that period, the Board shall credit the amount paid
towards the entire amount of the application fee for the certificate of
registration required pursuant to this section.
4. The fees prescribed by the Board
pursuant to this section must be paid in United States currency in the form of
a check, cashier’s check or money order. If any check submitted to the Board is
dishonored upon presentation for payment, repayment of the fee, including the
fee for a returned check in the amount established by the State Controller
pursuant to NRS 353C.115, must be made
by money order or certified check.
5. The fees prescribed by the Board
pursuant to this section are nonrefundable.
(Added to NRS by 1975, 1468; A 1979, 962; 1987, 146; 1995, 1051; 2001, 508; 2003,
20th Special Session, 219; 2007, 2940)
NRS 623A.250 Conditions under which association may practice landscape
architecture; conditions under which landscape architects may form associations
with certain other persons; association and certain owners responsible for
violations.
1. A firm, partnership, corporation or
association may engage in the practice of landscape architecture if:
(a) All work is performed under the supervision
and direction of a holder of a certificate of registration;
(b) The name of the holder of a certificate of
registration appears in the name of the firm, partnership, corporation or
association;
(c) The name of the holder of the certificate of
registration appears on all papers or documents used in the practice of landscape
architecture; and
(d) All instruments of service are signed by the
holder of the certificate of registration.
2. Architects,
registered interior designers, residential designers, professional engineers
and landscape architects may, in accordance with NRS 623.349, join or form a partnership,
corporation, limited-liability company or other business organization or
association with registrants and licensees outside of their field of practice,
or with persons who are not registered or licensed.
3. Each
office or place of business of any partnership, corporation, limited-liability
company or other business organization or association engaged in the practice
of landscape architecture pursuant to the provisions of subsection 2 shall have
a landscape architect who is a resident of this State and holds a certificate
of registration issued pursuant to this chapter regularly working in the office
or place of business and directly responsible for the administration of the
landscape architectural work conducted in the office or place of business.
4. A
registrant or licensee practicing in a business organization or association
pursuant to subsection 2 remains subject to NRS
89.220.
5. If a person who is not a holder of a
certificate of registration, or if a holder of a certificate of registration
who is not an owner, and who is employed by or affiliated with a business
organization or association that holds a certificate issued pursuant to NRS 623.349 is found by the Board to have
violated a provision of this chapter or a regulation adopted by the Board, the
Board may hold the business organization or association and each holder of a
certificate of registration who is an owner responsible for the violation.
(Added to NRS by 1975, 1467; A 1997, 1407; 2001, 509)
NRS 623A.260 Conditions under which association may establish and operate
branch offices.
1. A firm, partnership, corporation or
association engaged in the practice of landscape architecture may, upon the
approval of the Board, establish and operate branch offices within this State.
2. A branch office must be operated by a
resident landscape architect who holds a certificate of registration.
3. Offices established for the purpose of
observing construction work on a project are considered branch offices.
(Added to NRS by 1975, 1468; A 2001, 510)
LANDSCAPE ARCHITECT INTERNS
NRS 623A.263 Application; qualifications of applicant.
1. Any person who:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States; and
(d) Has graduated from a school approved by the
Board or has completed at least 4 years of work experience in the practice of
landscape architecture in accordance with regulations adopted by the Board,
Ê may submit
an application to the Board for a certificate to practice as a landscape
architect intern.
2. The application must be submitted on a
form furnished by the Board and include:
(a) The applicable fees prescribed by the Board
pursuant to the provisions of NRS 623A.240; and
(b) All information required to complete the
application.
(Added to NRS by 2001, 499; A 2005, 2705)
NRS 623A.267 Issuance of certificate; supervision by holder of certificate of
registration; expiration.
1. The Board shall issue a certificate to
practice as a landscape architect intern to any person who is qualified
pursuant to the provisions of NRS 623A.263 and who
passes an examination or any portion of an examination required by the Board.
2. Such a person may engage in the
practice of landscape architecture only under the direct supervision of a
holder of a certificate of registration. Any work performed by the person as a
landscape architect intern may be credited toward the requirements for a
certificate of registration in accordance with regulations adopted by the
Board.
3. A certificate to practice as a
landscape architect intern expires on June 30 and may be renewed for 1 year
from each succeeding July 1 in accordance with regulations adopted by the Board
and upon the payment of the annual renewal fee prescribed by the Board pursuant
to the provisions of NRS 623A.240.
(Added to NRS by 2001, 500)
DISCIPLINARY ACTION
NRS 623A.270 Authorized actions of Board; conditions of probation; orders
imposing discipline deemed public records; private reprimands prohibited.
1. The Board may:
(a) Suspend or revoke a certificate of
registration or certificate to practice as a landscape architect intern;
(b) Refuse to renew a certificate of registration
or certificate to practice as a landscape architect intern;
(c) Place a holder of a certificate of
registration or certificate to practice as a landscape architect intern on
probation;
(d) Issue a public reprimand to a holder of a
certificate of registration or certificate to practice as a landscape architect
intern;
(e) Impose upon a holder of a certificate of
registration or certificate to practice as a landscape architect intern a fine
of not more than $5,000 for each violation of this chapter;
(f) Require a holder of a certificate of
registration or certificate to practice as a landscape architect intern to pay
restitution; or
(g) Take such other disciplinary action as the
Board deems appropriate,
Ê if the
holder of a certificate of registration or certificate to practice as a
landscape architect intern has committed any act set forth in NRS 623A.280.
2. The conditions for probation imposed
pursuant to the provisions of subsection 1 may include, without limitation:
(a) Restriction on the scope of professional
practice;
(b) Peer review;
(c) Education or counseling;
(d) The payment of restitution to each person who
suffered harm or loss; and
(e) The payment of all costs of the
administrative investigation and prosecution.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
4. The Board shall not issue a private
reprimand to a holder of a certificate of registration or certificate to
practice as a landscape architect intern.
5. The Board may adopt regulations setting
forth a schedule of fines for the purposes of paragraph (e) of subsection 1.
(Added to NRS by 1975, 1469; A 1995, 1052; 2001, 510; 2003, 3421)
NRS 623A.280 Grounds.
1. The following acts, among others,
constitute cause for disciplinary action:
(a) A holder of a certificate of registration has
signed or sealed instruments of service which were not prepared by him or her
or under his or her direct supervision.
(b) A holder of a certificate of registration has
permitted the use of his or her signature or seal by another person to evade
the provisions of this chapter or any regulation adopted by the Board.
(c) A holder of a certificate of registration has
not signed, sealed or dated instruments of service prepared by him or her.
(d) A holder of a certificate of registration or
certificate to practice as a landscape architect intern impersonates a
landscape architect or landscape architect intern of the same or similar name.
(e) A holder of a certificate of registration or
certificate to practice as a landscape architect intern practices under an assumed,
fictitious or corporate name.
(f) A holder of a certificate of registration or
certificate to practice as a landscape architect intern practices landscape
architecture in violation of the provisions of this chapter or any regulation
adopted by the Board.
(g) A holder of a certificate of registration or
certificate to practice as a landscape architect intern has obtained the
certificate of registration or certificate to practice as a landscape architect
intern by fraud or misrepresentation.
(h) A holder of a certificate of registration or
certificate to practice as a landscape architect intern is guilty of fraud or
deceit in the practice of landscape architecture.
(i) A holder of a certificate of registration or
certificate to practice as a landscape architect intern is guilty of
incompetency, negligence or gross negligence.
(j) A holder of a certificate of registration or
certificate to practice as a landscape architect intern is convicted of or
enters a plea of nolo contendere to any crime an essential element of which is
dishonesty or which is directly related to the practice of landscape
architecture.
(k) A holder of a certificate of registration or
certificate to practice as a landscape architect intern is guilty of aiding or
abetting any person in the violation of the provisions of this chapter or any
regulation adopted by the Board.
(l) A person practices as a landscape architect
with a certificate of registration or certificate to practice as a landscape
architect intern that has expired or has been suspended or revoked.
(m) A holder of a certificate of registration or
certificate to practice as a landscape architect intern is disciplined by an
agency of another state or foreign country which regulates the practice of
landscape architecture and at least one of the grounds for the disciplinary
action taken is a ground for disciplinary action pursuant to the provisions of
this chapter.
(n) A holder of a certificate of registration or
certificate to practice as a landscape architect intern fails to comply with an
order issued by the Board or to cooperate in an investigation conducted by the
Board.
2. As used in this section:
(a) “Gross negligence” means conduct that
demonstrates a reckless disregard of the consequences affecting the life or property
of another person.
(b) “Incompetency” means conduct that, in the
practice of landscape architecture, demonstrates a significant lack of ability,
knowledge or fitness to discharge a professional obligation.
(c) “Negligence” means a deviation from the
normal standard of professional care exercised generally by other members in
the practice of landscape architecture.
(Added to NRS by 1975, 1469; A 1995, 1052; 2001, 511; 2003, 2703; 2005, 756)
NRS 623A.285 Suspension of certificate for failure to pay support or comply
with certain subpoenas or warrants; reinstatement of certificate. [Effective
until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to the provisions of NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a certificate of registration or certificate to practice as a
landscape architect intern, the Board shall deem the certificate of
registration or certificate to practice as a landscape architect intern issued
to that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the Board receives a letter issued to
the holder of the certificate of registration or certificate to practice as a
landscape architect intern by the district attorney or other public agency
pursuant to the provisions of NRS 425.550
stating that the holder of the certificate of registration or certificate to
practice as a landscape architect intern has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to the provisions of NRS 425.560.
2. The Board shall reinstate a certificate
of registration or certificate to practice as a landscape architect intern that
has been suspended by a district court pursuant to the provisions of NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to the
provisions of NRS 425.550 to the person
whose certificate of registration or certificate to practice as a landscape
architect intern was suspended stating that the person whose certificate of
registration or certificate to practice as a landscape architect intern was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to the provisions of NRS
425.560.
(Added to NRS by 1997, 2111; A 2001, 512; 2005, 2807, 2810)
NRS 623A.290 Complaint against holder of certificate: Contents; filing.
1. The Board, any member of the Board or
any other person who becomes aware that any one or more of the grounds for
initiating disciplinary action may exist as to a holder of a certificate of
registration or certificate to practice as a landscape architect intern may file
a complaint specifying the relative facts with the Executive Director of the
Board.
2. A complaint must be made in writing and
be signed and verified by the person making it.
(Added to NRS by 1975, 1468; A 1995, 1053; 2001, 512)
NRS 623A.305 Consideration of complaint by President of Board; recommendation
to Board; action by Board.
1. When a complaint is filed with the
Executive Director of the Board, it must be considered by the President of the
Board or a member of the Board designated by the President. If it appears to
the President or the person designated by the President that further
proceedings are warranted, he or she shall report the results of the
investigation together with a recommendation to the Board in a manner which does
not violate the right of the person charged in the complaint to due process in
any later hearing on the complaint.
2. The Board shall promptly make a
determination with respect to each complaint reported to it by the President or
a person designated by the President and shall dismiss the complaint or proceed
with disciplinary action pursuant to chapter
622A of NRS.
(Added to NRS by 1995, 1048; A 2005, 757)
NRS 623A.350 Limitations on complaints.
1. Except as otherwise provided in
subsection 2, a complaint must not be filed against the holder of a certificate
of registration or certificate to practice as a landscape architect intern if 2
years or more have elapsed since the occurrence of the act or omission alleged
as the ground for disciplinary action.
2. If the act or omission alleges fraud or
misrepresentation, the complaint must be filed within 2 years after the
discovery of the fraud or misrepresentation.
(Added to NRS by 1975, 1469; A 2001, 513)
MISCELLANEOUS PROVISIONS
NRS 623A.351 Immunity from civil action. In
addition to any other immunity provided by the provisions of chapter 622A of NRS:
1. Any person who, in good faith and
without malicious intent, provides information concerning a holder of a
certificate of registration or certificate to practice as a landscape architect
intern or an applicant for a certificate of registration or certificate to
practice as a landscape architect intern is immune from any civil action for
providing that information.
2. Any person who assists the Board in the
investigation or prosecution of an alleged violation of a provision of this
chapter, a proceeding concerning the issuance or renewal of a certificate of
registration or certificate to practice as a landscape architect intern or a
criminal prosecution is immune from any civil liability for:
(a) Any decision or action taken in good faith
and without malicious intent in response to information acquired by the Board;
and
(b) Disseminating information concerning a holder
of a certificate of registration or certificate to practice as a landscape
architect intern or an applicant for a certificate of registration or
certificate to practice as a landscape architect intern to:
(1) Any other licensing board;
(2) A national association of registered
boards;
(3) An agency of this State or the Federal
Government;
(4) The Attorney General; or
(5) Any law enforcement agency.
(Added to NRS by 2001, 500; A 2005, 757)
NRS 623A.353 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, a record of
the Board that relates to an employee of the Board or an examination
administered by the Board is confidential.
2. The records described in this section
may be disclosed, pursuant to procedures established by regulation of the
Board, to:
(a) A court;
(b) An agency of the Federal Government;
(c) Another state;
(d) A political subdivision of this State; or
(e) Any other related professional board or
organization.
3. The Board may report to any other
related professional board and organization the score of an applicant on an
examination administered by the Board.
4. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
against a person are confidential, unless the person submits a written
statement to the Board requesting that such documents and information be made
public records.
5. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents
and information considered by the Board when determining whether to impose
discipline are public records.
6. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.
(Added to NRS by 2001, 498; A 2005, 758; 2007, 2130)
NRS 623A.355 Inclusion of number of certificate in advertising and business
cards. All advertising by or
business cards of a holder of a certificate of registration must include the
number of the certificate of registration.
(Added to NRS by 1995, 1048; A 2001, 513)
NRS 623A.357 Allegation and proof of registered or certified status in action
for compensation. No person may
bring or maintain any action in the courts of this State for the collection of compensation
for the performance of any act or contract for which a certificate of
registration or certificate to practice as a landscape architect intern is
required by this chapter without alleging and proving that the plaintiff in the
action was registered pursuant to the provisions of this chapter at all times
during the performance of the act or contract.
(Added to NRS by 2001, 501)
PENALTIES; INJUNCTIVE RELIEF
NRS 623A.360 Penalty. Any person
who:
1. Violates any of the provisions of this
chapter;
2. Having had his or her certificate of
registration or certificate to practice as a landscape architect intern suspended
or revoked, continues to solicit business or otherwise represent himself or
herself as a landscape architect or landscape architect intern;
3. Engages in the practice of landscape
architecture without holding a certificate of registration or certificate to
practice as a landscape architect intern; or
4. Uses the title or term “landscape
architect,” “landscape designer,” “landscape consultant,” “landscape draftsman”
or “landscape architect intern,” or any other title or term indicating or
implying that the person is a landscape architect or landscape architect
intern, in any sign, card, listing, advertisement or in any other manner
without holding a certificate of registration or certificate to practice as a
landscape architect intern,
Ê is guilty of
a misdemeanor.
(Added to NRS by 1975, 1470; A 1995, 1054; 2001, 513)
NRS 623A.365 Civil penalty.
1. In addition to any other penalty
provided by law, a person who violates any provision of this chapter or any
regulation adopted by the Board is subject to a civil penalty of not more than
$5,000 for each violation. Any such penalty must be imposed by the Board at a
hearing conducted pursuant to the provisions of chapter
622A of NRS.
2. If a person does not pay a civil
penalty imposed pursuant to subsection 1 within 60 days after the order of the
Board becomes final, the order may be executed upon in the same manner as a
judgment issued by a court.
(Added to NRS by 1995, 1048; A 2005, 758)
NRS 623A.370 Injunctive relief; remedies cumulative.
1. A violation of a provision of this
chapter by a person:
(a) Unlawfully representing himself or herself as
a landscape architect, landscape designer, landscape consultant, landscape
draftsman or landscape architect intern, or using any other title or term
indicating or implying that he or she is a landscape architect or landscape
architect intern; or
(b) Engaging in the practice of landscape
architecture,
Ê without holding
a certificate of registration or certificate to practice as a landscape
architect intern, may be enjoined by a district court on petition by the
President of the Board in the name of the Board. In any such proceeding, it is
not necessary to show that any person is individually injured.
2. If the respondent in a proceeding
specified in subsection 1 is found guilty of:
(a) Unlawfully representing himself or herself as
a landscape architect, landscape designer, landscape consultant, landscape
draftsman or landscape architect intern, or using any other title or term
indicating or implying that he or she is a landscape architect or landscape
architect intern; or
(b) Engaging in the practice of landscape
architecture,
Ê without
holding a certificate of registration or certificate to practice as a landscape
architect intern, the court shall enjoin the respondent from continuing that
representation, usage or practice. The procedure in such cases must be the same
as in any other application for an injunction. The remedy by injunction is in
addition to any criminal prosecution and punishment or any disciplinary action
taken by the Board.
(Added to NRS by 1975, 1470; A 1995, 1054; 2001, 514)
