NAC: CHAPTER 623A - LANDSCAPE ARCHITECTS

[Rev. 9/10/2019 10:48:01 AM]

[NAC-623A Revised Date: 8-19]

CHAPTER 623A - LANDSCAPE ARCHITECTS

GENERAL PROVISIONS

623A.010            Definitions.

623A.020            “Actively engaged” defined.

623A.025            “Advertisement” defined.

623A.030            “Board” defined.

623A.032            “Certificate holder” defined.

623A.0321          “Certificate of eligibility” defined.

623A.0323          “Complainant” defined.

623A.0325          “Complaint” defined.

623A.0326          “Contact hour” defined.

623A.03263        “Continuing education unit” defined.

623A.0327          “Council” defined.

623A.034            “Designated member of the Board” defined.

623A.0345          “Fiscal year” defined.

623A.035            “Group practice” defined.

623A.040            “Instruments of service” defined.

623A.045            “National examination” defined.

623A.050            “Nevada specific examination” defined.

623A.055            “Registrant” defined.

623A.057            “Respondent” defined.

623A.058            “Self-directed educational activity” defined.

623A.059            “Structured educational activity” defined.

623A.060            “Work experience under the direct supervision of a landscape architect” defined.

623A.070            Practice of landscape architecture: Interpretation of statutory definition.

STATE BOARD OF LANDSCAPE ARCHITECTURE

623A.135            Duties of Executive Director.

623A.140            Official stamp or electronic official stamp of registrant: Issuance and use.

623A.145            Lost, stolen, mutilated or destroyed certificate: Notification of Board; issuance of duplicate.

623A.147            Granting of title as emeritus: Requirements; use; prohibitions; return to active practice.

623A.150            Filing of business address of certificate holder; change of address.

623A.155            Mailing list of certificate holders.

623A.160            Request for history of complaints and disciplinary action taken against certificate holder and status of certificate.

623A.170            Schedule of fees; proration.

CERTIFICATION OF LANDSCAPE ARCHITECTS

623A.210            Application for certificate.

623A.220            Eligibility based on combination of education and experience.

623A.222            Eligibility based on reciprocity.

623A.226            Eligibility based on work experience.

623A.228            Nevada specific examination: Contents; preparation; additional information.

623A.240            Nevada specific examination: Administration and conduct; anonymous grading; prohibited activities.

623A.250            Nevada specific examination: Notification of results; review; appeal; reexamination.

623A.310            Issuance and scope of certificate.

623A.315            Expiration and renewal or reinstatement of certificate.

CONTINUING EDUCATION

623A.316            Requirements for renewal of license; approval by Board; application of excess units.

623A.3165          Credit for structured educational activities.

623A.317            Required subjects and topics.

623A.3175          Exemptions.

623A.318            Retention of records verifying credit.

623A.3185          Audits of registrants to ensure compliance with requirements; falsification of documents constitutes grounds for disciplinary action.

623A.319            Submission of proof of compliance with application for renewal; fees for violation.

623A.3195          Notice to registrant of nonacceptance of proof; opportunity to correct deficiency or request hearing; final decision of Board.

623A.3205          Failure to comply constitutes grounds for nonrenewal of registration.

CERTIFICATE OF ELIGIBILITY TO RECEIVE PREFERENCE WHEN COMPETING FOR PUBLIC WORKS

623A.321            Definitions.

623A.323            “Affidavit for a certificate of eligibility” defined.

623A.324            “Affidavit for renewal of a certificate of eligibility” defined.

623A.326            “Statement of compliance” defined.

623A.329            Prerequisites.

623A.331            Application: Contents; form.

623A.332            Issuance or denial.

623A.333            Contents of certificate.

623A.334            Issuance of duplicate certificate.

623A.335            Affidavit for renewal.

623A.336            Issuance of certificate prohibited if license not active; revocation; reapplication.

623A.337            Disciplinary action.

623A.338            Written objection filed with public body.

623A.339            Notification to Board of determination by public body; revocation of certificate.

CERTIFICATION OF LANDSCAPE ARCHITECT INTERNS

623A.341            Application for certificate.

623A.351            Examination: Contents.

623A.355            Examination: Qualification for issuance of certificate.

623A.370            Examination: Use of passing scores.

623A.380            Issuance and scope of certificate.

623A.385            Expiration and renewal or reinstatement of certificate.

PRACTICE AND ENFORCEMENT

623A.410            Operation of branch office.

623A.420            Advertising.

623A.430            Group practice.

623A.440            Instruments of service; official stamp.

623A.450            Authorized use of words or letters.

623A.480            Standards for ethical conduct of registrants.

623A.490            Professional conduct and duties of certificate holders; grounds for disciplinary action.

ADMINISTRATIVE PROCEEDINGS

623A.505            Complaints against certificate holders: Action by Board.

623A.507            Complaints against certificate holders: Review by Executive Director to determine completeness.

623A.509            Complaints against certificate holders: Written response by respondent.

623A.511            Complaints against certificate holders: Review of complaint and response by designated member of the Board to determine violation has occurred; recommendation to the Board.

623A.513            Complaints against certificate holders: Public meeting of the Board; dismissal; preparation and service of formal disciplinary complaint and notice of hearing.

623A.515            Settlement of complaints: Determination of parameters; offer; proposed stipulated agreement; approval of stipulated agreement by Board; dismissal of complaint.

623A.517            Subpoenas.

623A.520            Hearings before Board or hearing panel: Notice; rights of parties; continuances; rules of evidence; final determination.

623A.600            Petition for adoption, filing, amendment or repeal of regulation; petition for declaratory order or advisory opinion.

 

 

GENERAL PROVISIONS

     NAC 623A.010  Definitions. (NRS 623A.130)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 623A.020 to 623A.060, inclusive, have the meanings ascribed to them in those sections.

     [Bd. of Landscape Arch., § 1.6, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006; R217-03, 12-30-2011; R142-11 & R147-11, 9-14-2012)

     NAC 623A.020  “Actively engaged” defined. (NRS 623A.130)  “Actively engaged” means to practice or provide the professional services of landscape architecture.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95)

     NAC 623A.025  “Advertisement” defined. (NRS 623A.130)  “Advertisement” means title blocks, business cards, inside and outside signs, brochures, stationery, listings in a telephone or other directory, postings and other advertisements in a newspaper or magazine or on the television, radio or Internet or by any other electronic means or any other method of advertising.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006)

     NAC 623A.030  “Board” defined. (NRS 623A.130)  “Board” means the State Board of Landscape Architecture.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95)

     NAC 623A.032  “Certificate holder” defined. (NRS 623A.130)  “Certificate holder” means a person who has been issued:

     1.  A certificate of registration; or

     2.  A certificate to practice as a landscape architect intern.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006)

     NAC 623A.0321  “Certificate of eligibility” defined. (NRS 338.173, 623A.130)  “Certificate of eligibility” means a certificate of eligibility to receive a preference when competing for public works issued by the Board to a registrant pursuant to NRS 338.173.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.0323  “Complainant” defined. (NRS 623A.130)  “Complainant” means a person filing a complaint.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011)

     NAC 623A.0325  “Complaint” defined. (NRS 623A.130)  “Complaint” means a complaint filed with the Board concerning:

     1.  A landscape architect;

     2.  A landscape architect intern;

     3.  An applicant for a certificate of registration;

     4.  An applicant for a certificate to practice as a landscape architect intern; or

     5.  Any other person accused of violating a provision of this chapter or chapter 623A of NRS.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011)

     NAC 623A.0326  “Contact hour” defined. (NRS 623A.130, 623A.215)  “Contact hour” means 50 minutes of learning or instruction.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.03263  “Continuing education unit” defined. (NRS 623A.130, 623A.215)  “Continuing education unit” means 1 contact hour in a course or program of continuing education approved by the Board.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.0327  “Council” defined. (NRS 338.173)  “Council” means the Council of Landscape Architectural Registration Boards or its successor organization.

     (Added to NAC by Bd. of Landscape Arch. by R142-11, eff. 9-14-2012)

     NAC 623A.034  “Designated member of the Board” defined. (NRS 623A.130)  “Designated member of the Board” means:

     1.  The President of the Board; or

     2.  The member of the Board designated by the President of the Board pursuant to the provisions of NRS 623A.305.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011)

     NAC 623A.0345  “Fiscal year” defined. (NRS 623A.130, 623A.215)  “Fiscal year” means the 12-month period beginning on July 1 and ending on June 30 of the following year.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.035  “Group practice” defined. (NRS 623A.130)  “Group practice” means a firm, partnership, corporation or association which engages in the practice of landscape architecture.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95)

     NAC 623A.040  “Instruments of service” defined. (NRS 623A.130)  “Instruments of service” means finalized working drawings and specifications which have been prepared by a registrant or under his or her immediate and responsible direction.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95)

     NAC 623A.045  “National examination” defined. (NRS 623A.130)  “National examination” means the national examination for registration as a landscape architect or a certificate to practice as a landscape architect intern which is created and administered by the Council.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006; R142-11, 9-14-2012)

     NAC 623A.050  “Nevada specific examination” defined. (NRS 623A.130)  “Nevada specific examination” means the jurisdictional examination for registration in this State as a landscape architect which is created and administered by the Board.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006)

     NAC 623A.055  “Registrant” defined. (NRS 623A.130)  “Registrant” means a landscape architect who holds a certificate of registration issued by the Board.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95)

     NAC 623A.057  “Respondent” defined. (NRS 623A.130)  “Respondent” means a person against whom a complaint is filed.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011)

     NAC 623A.058  “Self-directed educational activity” defined. (NRS 623A.130, 623A.215)  “Self-directed educational activity” means an educational activity which primarily consists of a registrant engaging in an activity concerning a subject relating to public health, safety and welfare which is not systematically presented by another person, including the study of such subjects.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.059  “Structured educational activity” defined. (NRS 623A.130, 623A.215)  “Structured educational activity” means an educational activity in which the teaching methodology consists primarily of the systematic presentation of technical and professional subjects by a person or group of persons qualified by professional, practical or academic experience to conduct the educational activity.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.060  “Work experience under the direct supervision of a landscape architect” defined. (NRS 623A.130)  “Work experience under the direct supervision of a landscape architect” means full-time or part-time employment in the field of landscape architecture under the professional counsel, guidance and instruction of a registrant who critically examines, evaluates and monitors the applicant’s work product for quality and compliance with all applicable laws, codes, ordinances and regulations.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006)

     NAC 623A.070  Practice of landscape architecture: Interpretation of statutory definition. (NRS 623A.060, 623A.130)  As used in NRS 623A.060, the Board interprets:

     1.  The phrase “consideration and determination of issues of the land relating to erosion, wear and tear” to mean the design or preparation of plans and specifications to address:

     (a) Control of erosion;

     (b) Preservation of native vegetation;

     (c) Repair of any wear and tear on the surface of the earth caused by the activities of either humans or nature;

     (d) Restoration or reintroduction of vegetation into the natural environment;

     (e) Using native vegetation for water quality purposes or for the creation of natural aesthetic values;

     (f) Historic preservation of gardens, land forms and natural environments; or

     (g) Site design and the use of environmental sciences to promote the health, safety and general welfare of the public.

     2.  The phrase “design of landscape irrigation” to mean the design or preparation of plans and specifications for the delivery and distribution of potable and nonpotable water to irrigate plant materials on a project site.

     3.  The term “grading” to mean the manipulation of the surface contours of the land to:

     (a) Control and direct the flow of water.

     (b) Create aesthetic values associated with topographic landforms.

     (c) Establish elevations and degrees of inclination on slopes for:

          (1) Setting and locating buildings, structures, facilities and other improvements; or

          (2) Locating corridors for the movement of vehicles and pedestrians.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)

STATE BOARD OF LANDSCAPE ARCHITECTURE

     NAC 623A.135  Duties of Executive Director. (NRS 623A.100, 623A.130)  The Executive Director shall:

     1.  Assist the Board in the review of an application for a certificate of registration or a certificate to practice as a landscape architect intern;

     2.  Investigate and make recommendations to the Board and assist the Board with the regulation of landscape architects and landscape architect interns; and

     3.  Keep an accurate record of the financial transactions and proceedings of the Board.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006)

     NAC 623A.140  Official stamp or electronic official stamp of registrant: Issuance and use. (NRS 623A.130, 623A.195)

     1.  A registrant must have an official stamp issued by the Board.

     2.  An official stamp will be issued by the Board to a registrant after:

     (a) A certificate of registration is issued to the registrant; and

     (b) The registrant pays the fee for the official stamp as provided in NAC 623A.170.

     3.  In addition to an official stamp, a registrant may obtain an electronic official stamp from the Board by submitting to the Board a request for an electronic official stamp and the fee for the electronic official stamp provided pursuant to the provisions of NAC 623A.170.

     4.  The use of any stamp other than the official stamp or an electronic official stamp is prohibited.

     5.  A registrant may obtain additional official stamps or electronic official stamps from the Board at any time by submitting to the Board a request for an additional official stamp or an additional electronic official stamp and the fee for the official stamp or electronic official stamp as provided in NAC 623A.170.

     6.  If a registrant was issued an official stamp pursuant to the provisions of this section before June 1, 2006, the registrant may:

     (a) Submit a request for an official stamp pursuant to the provisions of subsection 5; or

     (b) Use the official stamp issued to the registrant before June 1, 2006, if he or she handwrites the expiration date of his or her registration immediately below the stamp impression.

     [Bd. of Landscape Arch., § 1.3, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006)

     NAC 623A.145  Lost, stolen, mutilated or destroyed certificate: Notification of Board; issuance of duplicate. (NRS 623A.130, 623A.230)

     1.  A certificate holder shall notify the Board in writing if his or her certificate of registration or certificate to practice as a landscape architect intern is lost, stolen, mutilated or destroyed.

     2.  The Board will issue a duplicate certificate of registration or certificate to practice as a landscape architect intern upon request of a certificate holder which is accompanied by a signed affidavit detailing the loss, theft, mutilation or destruction of the original certificate, and upon payment of the fee for the issuance of a certificate of registration as provided in NAC 623A.170.

     [Bd. of Landscape Arch., § 4.6, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006) — (Substituted in revision for NAC 623A.350)

     NAC 623A.147  Granting of title as emeritus: Requirements; use; prohibitions; return to active practice. (NRS 338.173)

     1.  The Board may grant the title of “Landscape Architect Emeritus” to a person upon his or her written request if the person:

     (a) Is a holder of a certificate of registration that has expired for failure to be renewed;

     (b) Was in good standing with the Board at the time that his or her certificate of registration expired through failure to be renewed; and

     (c) Actively engaged in the practice of landscape architecture for more than 25 years.

     2.  A person whose written request is granted pursuant to this section may use the title so granted by the Board only during such time as the person’s certificate of registration is expired and not active.

     3.  A person using the title granted by the Board pursuant to this section must not:

     (a) Be actively engaged in the practice of landscape architecture; or

     (b) Indicate that he or she is authorized to practice in this State as a landscape architect.

     4.  A person who has been granted the title “Landscape Architect Emeritus” by the Board may return to active practice as a landscape architect:

     (a) Within 1 year after the expiration of his or her certificate of registration upon application to and with the approval of the Board and upon payment of the annual renewal fee and the delinquency fee as provided in NAC 623A.170.

     (b) More than 1 year but less than 3 years after the expiration of his or her certificate of registration upon application to and with the approval of the Board and upon payment of the annual renewal fee for each year, or part thereof, for which the certificate of registration was not renewed, the delinquency fee and the reinstatement fee as provided in NAC 623A.170.

     (c) More than 3 years after the expiration of his or her certificate of registration by applying for and obtaining a new certificate of registration if he or she:

          (1) Is otherwise eligible;

          (2) Pays all fees required by NAC 623A.170;

          (3) Passes any examination required by the Board; and

          (4) Establishes to the satisfaction of the Board that he or she is qualified to practice landscape architecture.

     (Added to NAC by Bd. of Landscape Arch. by R142-11, eff. 9-14-2012)

     NAC 623A.150  Filing of business address of certificate holder; change of address. (NRS 623A.130, 623A.230)

     1.  A certificate holder shall file his or her proper and current business address with the Board.

     2.  A certificate holder shall notify the Board in writing within 30 days after any change of address. The notification must include both his or her old and new address.

     3.  The fee for a change of address as provided in NAC 623A.170 must accompany the notification.

     [Bd. of Landscape Arch., § 1.7, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006)

     NAC 623A.155  Mailing list of certificate holders. (NRS 623A.130, 623A.135)

     1.  The Board will maintain a mailing list of the persons issued certificates of registration and certificates to practice as a landscape architect intern.

     2.  The mailing list will contain a record of the name, address and other personal information of each person issued a certificate of registration or a certificate to practice as a landscape architect intern.

     3.  A person may obtain a copy of the mailing list by submitting to the Board a request and the fee as provided in NAC 623A.170.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006)

     NAC 623A.160  Request for history of complaints and disciplinary action taken against certificate holder and status of certificate. (NRS 623A.130)

     1.  A person may file a written request with the Board for the history of complaints and disciplinary action taken against a certificate holder and the status of the certificate held by the certificate holder.

     2.  If the Board receives a request pursuant to subsection 1, the Board will provide to the person submitting the request:

     (a) The number of complaints filed against the certificate holder within the past 5 years;

     (b) The disposition of any complaint filed against the certificate holder within the past 5 years;

     (c) The number of disciplinary actions taken against the certificate holder within the past 5 years;

     (d) If a disciplinary action has been taken against a certificate holder within the past 5 years:

          (1) The date the disciplinary action was taken; and

          (2) The disposition of the disciplinary action; and

     (e) The status of the certificate of the certificate holder.

     3.  In addition to the information provided pursuant to subsection 2, the Board will provide the person submitting the request:

     (a) Information to help the person understand the material provided by the Board; and

     (b) A statement regarding the utility of using the history of complaints and disciplinary action against a certificate holder in selecting a certificate holder.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)

     NAC 623A.170  Schedule of fees; proration. (NRS 338.173, 623A.130, 623A.165, 623A.240)

     1.  The Board will charge and collect the following fees:

 

Application fee for a certificate of registration pursuant to the provisions of NAC 623A.220 or 623A.226.................................................................................	$200.00
Application fee for a certificate of registration pursuant to the provisions of NAC 623A.222......................................................................................................	200.00
Application fee for a certificate to practice as a landscape architect intern..............	100.00
Examination fee for the Nevada specific examination for an applicant for a certificate of registration..................................................................................	100.00
Fee for the review of a Nevada specific examination, if requested pursuant to NAC 623A.250.............................................................................................	75.00
Certificate of registration......................................................................................	25.00
Certificate of eligibility..........................................................................................	300.00
Certificate to practice as a landscape architect intern.............................................	25.00
Annual renewal fee for a certificate of registration.................................................	200.00
Delinquency fee for a certificate of registration......................................................	50.00
Reinstatement fee for a certificate of registration....................................................	300.00
Annual renewal fee for a certificate of eligibility.....................................................	125.00
Annual renewal fee for a certificate to practice as a landscape architect intern......	125.00
Delinquency fee for a certificate to practice as a landscape architect intern.............	50.00
Reinstatement fee for a certificate to practice as a landscape architect intern..........	300.00
Change of address fee.........................................................................................	10.00
Fee for a duplicate certificate of eligibility..............................................................	30.00
Fee for an official stamp.......................................................................................	50.00
Fee for an electronic official stamp.......................................................................	50.00
Mailing list, all registrants......................................................................................	10.00
Returned check...................................................................................................	25.00
Copy of the Construction Industry Reference Manual, which is also known as the “Blue Book”.............................................................................................	5.00
Copy of a document, per page.............................................................................	.25

 

     2.  The renewal fee for a certificate of registration or a certificate to practice as a landscape architect intern will be prorated on a monthly basis for each month after July 1 that the renewal fee is submitted.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006; R142-11 & R147-11, 9-14-2012; R082-18, 10-25-2018) — (Substituted in revision for NAC 623A.360)

CERTIFICATION OF LANDSCAPE ARCHITECTS

     NAC 623A.210  Application for certificate. (NRS 623A.130, 623A.170)

     1.  Application for a certificate of registration must be made on a form prescribed by the Board.

     2.  An applicant for a certificate of registration must:

     (a) Include with his or her application form the nonrefundable application fee; and

     (b) Arrange for his or her scores on the national examination to be sent directly from the Council to the Board.

     3.  Except as otherwise provided in subsection 4, an applicant for a certificate of registration must provide the following information on the application form:

     (a) The name, business and residence addresses, business and residence telephone numbers and, if applicable, facsimile numbers and electronic mail address of the applicant.

     (b) The state of residence of the applicant.

     (c) The birthplace, birth date and social security number of the applicant.

     (d) Information regarding any conviction of the applicant for a felony, gross misdemeanor or misdemeanor.

     (e) Evidence that the applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States.

     (f) A chronological statement of the educational background of the applicant, including the names and addresses of schools attended, years of attendance, major subject and degree received, as applicable.

     (g) A statement of all prior registrations of the applicant as a landscape architect, indicating each state in which registration has been granted, the date of issuance of the certificate or license and the current status of his or her registration in each state.

     (h) A list of professional organizations of which the applicant is a member.

     (i) The names and addresses of two registered landscape architects and two licensed professionals from a related design profession who have direct knowledge of the professional abilities of the applicant.

     (j) A complete record of the work experience of the applicant, including the beginning and ending dates of that employment, the titles of the positions held by the applicant and the duties performed by the applicant in those positions. Employment in the field of landscape architecture must be described in particularity.

     (k) An affidavit signed by the applicant attesting that the information provided to the Board is truthful, complete and accurate.

     (l) Any other information deemed necessary by the Board.

     4.  If an applicant for a certificate of registration has been certified by the Council, the applicant may submit a copy of the certification of the Council instead of the information required pursuant to the provisions of paragraphs (f) to (j), inclusive, of subsection 3 when submitting the application for a certificate of registration.

     [Bd. of Landscape Arch., § 3.1, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006; R142-11, 9-14-2012)

     NAC 623A.220  Eligibility based on combination of education and experience. (NRS 623A.130, 623A.140, 623A.170, 623A.190)

     1.  Except as otherwise provided in NAC 623A.222 and 623A.226, an applicant for a certificate of registration must:

     (a) Have 6 years of education and experience in landscape architecture;

     (b) Achieve a passing score on each section of the national examination; and

     (c) Achieve a minimum score of 75 percent on the Nevada specific examination.

     2.  The Board will accept the following combinations of education and experience to fulfill the requirements contained in paragraph (a) of subsection 1:

     (a) A bachelor’s or master’s degree in landscape architecture from an approved school and 2 years of postgraduate work experience under the direct supervision of a landscape architect who is registered in this State, any other state in the United States, any province of Canada or any other jurisdiction approved by the Board.

     (b) An associate degree in landscape architecture, or, except as otherwise provided in paragraph (c), a bachelor’s degree in a related field, including, but not limited to, horticulture or forestry, and 4 years of postgraduate work experience under the direct supervision of a landscape architect who is registered in this State, any other state in the United States, any province of Canada or any other jurisdiction approved by the Board. A master’s degree in a related field will be deemed equivalent to 1 year of postgraduate work experience.

     (c) A bachelor’s degree in architecture or civil engineering from an institution that is accredited by an accrediting body approved by the Board and 3 years of postgraduate work experience under the direct supervision of a landscape architect who is registered in this State, any other state in the United States, any province of Canada or any other jurisdiction approved by the Board. A master’s degree in architecture or civil engineering will be deemed equivalent to 1 year of postgraduate work experience.

     (d) Any other combination of education and experience which is deemed by the Board to be equivalent to the requirements set forth in paragraphs (a), (b) and (c).

     3.  An applicant for registration as a landscape architect pursuant to this section must be 21 years of age or older, of good moral character and a citizen of the United States or lawfully entitled to remain and work in the United States.

     4.  As used in this section, “approved school” means an institution which offers a program of landscape architecture accredited by the Landscape Architectural Accreditation Board of the American Society of Landscape Architects or a program deemed by the Board to be equivalent thereto.

     [Bd. of Landscape Arch., §§ 3.5 & 3.6, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006)

     NAC 623A.222  Eligibility based on reciprocity. (NRS 623A.130, 630A.140, 630A.170, 623A.190)

     1.  An applicant is eligible for a certificate of registration by reciprocity if the applicant:

     (a) Holds an active certificate or license in good standing to practice landscape architecture in any other state of the United States, any province of Canada or any other jurisdiction approved by the Board;

     (b) Has had no disciplinary action taken against him or her during the period in which he or she has been certified or licensed as a landscape architect;

     (c) Has received a passing score on each section of the national examination;

     (d) Achieves a minimum score of 75 percent on the Nevada specific examination; and

     (e) Has:

          (1) Been actively engaged in full-time practice as a registered landscape architect for 2 or more years; or

          (2) Fulfilled the requirements for education and work experience as set forth in NAC 623A.220.

     2.  An applicant for a certificate of registration pursuant to this section must be 21 years of age or older, of good moral character and a citizen of the United States or lawfully entitled to remain and work in the United States.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006)

     NAC 623A.226  Eligibility based on work experience. (NRS 623A.130, 623A.170, 623A.190)

     1.  An applicant for a certificate of registration who does not meet the educational qualifications set forth in paragraph (a) of subsection 1 of NAC 623A.220 may be eligible for a certificate of registration on the basis of his or her work experience in landscape architecture if the applicant:

     (a) Establishes to the satisfaction of the Board that he or she has been actively engaged in the full-time professional practice of landscape architecture under the direct supervision of a registered landscape architect for at least 6 years;

     (b) Achieves a passing score on each section of the national examination; and

     (c) Achieves a minimum score of 75 percent on the Nevada specific examination.

     2.  An applicant for registration as a landscape architect in accordance with this section must be 21 years of age or older, of good moral character and a citizen of the United States or lawfully entitled to remain and work in the United States.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006)

     NAC 623A.228  Nevada specific examination: Contents; preparation; additional information. (NRS 623A.130, 623A.170, 623A.190)

     1.  The Board will prepare the Nevada specific examination. The Nevada specific examination will test, without limitation, the applicant’s knowledge of local environmental conditions, plants, soils, water management, and local laws and regulations relating to landscape architecture. The Board may seek the assistance of independent, qualified persons to prepare questions for the Nevada specific examination.

     2.  Further information regarding the Nevada specific examination may be obtained from the Board.

     [Bd. of Landscape Arch., § 3.9, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006; R142-11, 9-14-2012)

     NAC 623A.240  Nevada specific examination: Administration and conduct; anonymous grading; prohibited activities. (NRS 623A.130, 623A.190)

     1.  The Nevada specific examination for a certificate of registration will be administered and conducted under the direction and control of the Board. The Board may seek the assistance of independent, qualified persons to conduct the Nevada specific examination, score the Nevada specific examination and provide verification of the scoring.

     2.  The Nevada specific examination for a certificate of registration will be graded anonymously. An applicant who takes the Nevada specific examination will be assigned a random identification number, and his or her identity will not be revealed until after the final grading on the Nevada specific examination has been completed.

     3.  An applicant shall not:

     (a) Take notes or speak with other examinees during the Nevada specific examination; or

     (b) Engage in any other activity that would result in the disclosure of the contents of the Nevada specific examination or interfere with the orderly administration of the Nevada specific examination.

     [Bd. of Landscape Arch., § 3.7, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006; R142-11, 9-14-2012)

     NAC 623A.250  Nevada specific examination: Notification of results; review; appeal; reexamination. (NRS 623A.130, 623A.190)

     1.  An applicant will be notified by the Board as to his or her passage or failure of each section of the Nevada specific examination for a certificate of registration.

     2.  An applicant who receives a failing grade on the Nevada specific examination may submit a request to the Board to review his or her examination. After receiving a request from an applicant for a review of the Nevada specific examination, the Executive Director shall provide information to the applicant on how the applicant may pursue such a review.

     3.  An applicant who receives a failing grade on the Nevada specific examination may submit a written appeal to the Board. A request for a review of an examination pursuant to this subsection must be submitted in writing to the office of the Board not later than 15 calendar days after the date on which the applicant receives notification of the results on the Nevada specific examination. The Board will consider the appeal at its next regularly scheduled Board meeting, at which time it will render a decision on the matter by formal action.

     4.  For a period of 5 years after an applicant first sits for the Nevada specific examination, he or she may retake any section of the Nevada specific examination on which he or she failed to achieve a passing score without submitting a new application for a certificate of registration.

     5.  If an applicant does not achieve a passing score on the Nevada specific examination within the 5-year period pursuant to subsection 4, the applicant must submit a new application for a certificate of registration and achieve a passing score on the Nevada specific examination before he or she will be issued a certificate of registration.

     [Bd. of Landscape Arch., § 3.8, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006; R142-11, 9-14-2012)

     NAC 623A.310  Issuance and scope of certificate. (NRS 623A.130, 623A.165)  The Board will issue a certificate of registration to an applicant entitling him or her to practice landscape architecture in this State in accordance with the provisions of this chapter and chapter 623A of NRS if:

     1.  The Board finds that the applicant is of good moral character;

     2.  The applicant satisfies the requirements for a certificate of registration provided pursuant to the provisions of NAC 623A.220, 623A.222 or 623A.226; and

     3.  The applicant has timely submitted all of the required fees.

     [Bd. of Landscape Arch., § 4.1, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006)

     NAC 623A.315  Expiration and renewal or reinstatement of certificate. (NRS 623A.130, 623A.200, 623A.215)

     1.  A certificate of registration issued by the Board expires at midnight on June 30 next following the date of issuance, unless the certificate is renewed.

     2.  To renew an unexpired certificate, the registrant must, on or before June 30 following the date that the certificate or renewal was issued:

     (a) Apply for renewal of the certificate on a form prescribed by the Board;

     (b) Complete all requirements for continuing education set forth in NAC 623A.316 and submit to the Board proof of the continuing education units claimed pursuant to NAC 623A.319; and

     (c) Pay the annual renewal fee.

     3.  To renew an expired certificate within 1 year after the certificate expires, the registrant must:

     (a) Apply for renewal of the certificate on a form prescribed by the Board;

     (b) Complete all requirements for continuing education set forth in NAC 623A.316 and submit to the Board proof of the continuing education units claimed pursuant to NAC 623A.319; and

     (c) Include the fee for renewal and the fee for delinquent renewal of the certificate as provided in NAC 623A.170.

     4.  To renew an expired certificate more than 1 year after the date on which the certificate expired, the registrant must:

     (a) Apply for renewal of the certificate on a form prescribed by the Board;

     (b) Complete all requirements for continuing education set forth in NAC 623A.316 and submit to the Board proof of the continuing education units claimed pursuant to NAC 623A.319; and

     (c) Include the fee for renewal, the fee for delinquent renewal and the fee for reinstatement as provided in NAC 623A.170.

Ê A certificate which is not reinstated within 3 years after the date on which the certificate expired may not be reinstated.

     5.  If a registrant complies with the provisions for the renewal of a certificate of registration pursuant to the provisions of subsection 2 or 3 or the reinstatement of a certificate of registration pursuant to the provisions of subsection 4, the Board will issue a renewal card to the registrant. A renewal card issued by the Board will contain:

     (a) The expiration date of the renewal or reinstatement of the certificate of registration;

     (b) The seal of the Board;

     (c) The number of the certificate of registration to which the renewal card applies; and

     (d) The signature of the Executive Director.

     6.  The Executive Director shall record the renewal or reinstatement of a certificate of registration.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R083-18, 10-25-2018)

CONTINUING EDUCATION

     NAC 623A.316  Requirements for renewal of license; approval by Board; application of excess units. (NRS 623A.130, 623A.215)

     1.  Except as otherwise provided in NAC 623A.3175, to renew a certificate of registration, the registrant must complete at least 8 continuing education units each fiscal year. The continuing education units may be earned in self-directed educational activities or structured educational activities but must not include more than 4 continuing education units in self-directed educational activities.

     2.  Continuing education may be completed in any jurisdiction and at any location.

     3.  All courses of instruction, continuing education units and contact hours must be approved by the Board.

     4.  Continuing education units may only be earned in activities that are not part of the regular day-to-day business activities of the registrant.

     5.  The Board may approve one-half of a continuing education unit for a partial contact hour of not less than 25 minutes of learning or instruction.

     6.  Except as otherwise provided in this subsection, if a registrant completes more than 8 continuing education units during a fiscal year, not more than 4 continuing education units earned by a registrant during that fiscal year may be carried forward and applied to the requirements for continuing education applicable to the next following fiscal year. A registrant may not carry forward any continuing education units that were completed before the issuance of his or her certificate of registration.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.3165  Credit for structured educational activities. (NRS 623A.130, 623A.215)

     1.  The structured educational activities in which a registrant may earn continuing education units include, without limitation:

     (a) Attendance at a meeting, convention or conference;

     (b) Attendance at an in-house program sponsored by a corporation or other organization;

     (c) Successful completion of a course sponsored by a college or university; and

     (d) Successful completion of a seminar, tutorial, short course, Internet course or correspondence course.

     2.  To receive credit for a structured educational activity, a registrant must have received documentation of completion of the structured educational activity from the sponsor of the activity.

     3.  The Board may require a detailed synopsis or report concerning any continuing education units claimed by a registrant for a structured educational activity.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.317  Required subjects and topics. (NRS 623A.130, 623A.215)  All continuing education units claimed by a registrant for self-directed educational activities and structured educational activities must encompass the study of relevant technical and professional subjects directly relating to topics involving:

     1.  The relationship between the practice of landscape architecture and the public health, safety and welfare; and

     2.  The ethical standards of the practice of landscape architecture, including, without limitation, the safeguarding of life, health, property and the environment and promoting the public welfare.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.3175  Exemptions. (NRS 623A.130, 623A.215)

     1.  A registrant holding an initial certificate of registration issued by the Board is exempt from the requirements for continuing education set forth in NAC 623A.316 for the fiscal year in which the certificate of registration was issued and the next following fiscal year.

     2.  A registrant who serves on active duty in the Armed Forces of the United States for a period of more than 120 consecutive days during a fiscal year is exempt from the requirements for continuing education set forth in NAC 623A.316 for that fiscal year.

     3.  The Board may exempt a registrant from the requirements for continuing education set forth in NAC 623A.316 if the registrant cannot meet the requirements because of illness, physical disability or undue hardship, as determined by the Board based on documentation provided by the registrant before the date of expiration of the certificate of registration.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.318  Retention of records verifying credit. (NRS 623A.130, 623A.215)

     1.  Each registrant who claims credit for continuing education units earned during a fiscal year shall retain records sufficient to support the continuing education units claimed for not less than 3 years after the date of renewal of his or her certificate of registration. The records must include any continuing education units that the registrant has carried forward.

     2.  The records that must be retained by a registrant include, without limitation:

     (a) A log, on a form prescribed by the Board, which shows the type of activity claimed, sponsoring organization, location, duration, name of the instructor or speaker, and continuing education units earned;

     (b) Verification of attendance, in the form of a certificate of completion, signed attendance receipt, paid receipt, copy of a list of all persons who attended the activity signed by the person in charge of the activity, or other documentation supporting evidence of attendance; or

     (c) Records as maintained by professional repositories which are approved by the Board.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.3185  Audits of registrants to ensure compliance with requirements; falsification of documents constitutes grounds for disciplinary action. (NRS 623A.130, 623A.215)

     1.  The Board may perform random audits of registrants to ensure compliance with the requirements for continuing education set forth in NAC 623A.316.

     2.  If the Board chooses to conduct an audit of a registrant, the Board will notify the registrant of its decision to conduct an audit. The registrant shall provide to the Board detailed information and documentation concerning the continuing education units claimed. Falsification of documentation concerning continuing education is grounds for disciplinary action.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.319  Submission of proof of compliance with application for renewal; fees for violation. (NRS 623A.130, 623A.215, 623A.240)

     1.  Each registrant shall, on or before June 30 of each fiscal year, submit to the Board proof of the continuing education units claimed for that fiscal year, together with the application for the renewal of registration.

     2.  If a registrant violates the provisions of subsection 1, the application for renewal must include the fees set forth in subsection 3 or 4 of NAC 623A.315, as applicable, for the renewal of an expired certificate of registration.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.3195  Notice to registrant of nonacceptance of proof; opportunity to correct deficiency or request hearing; final decision of Board. (NRS 623A.130, 623A.215)

     1.  If the Board does not accept the proof of the continuing education units claimed by a registrant pursuant to NAC 623A.319, the Board will send written notification to the registrant by mail and grant the registrant a period of not less than 30 days from the date of the notification to correct any deficiency or request a hearing before the Board.

     2.  If a registrant requests a hearing before the Board pursuant to subsection 1, the decision of the Board is final.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

     NAC 623A.3205  Failure to comply constitutes grounds for nonrenewal of registration. (NRS 623A.130, 623A.215)  Failure of a registrant to complete the requirements for continuing education set forth in NAC 623A.316 or satisfy the annual requirement for reporting continuing education units to the Board pursuant to NAC 623A.319 is grounds for the nonrenewal of his or her certificate of registration.

     (Added to NAC by Bd. of Landscape Arch. by R083-18, eff. 10-25-2018)

CERTIFICATE OF ELIGIBILITY TO RECEIVE PREFERENCE WHEN COMPETING FOR PUBLIC WORKS

     NAC 623A.321  Definitions. (NRS 338.173, 623A.130)  As used in NAC 623A.321 to 623A.339, inclusive, unless the context otherwise requires, the words and terms defined in NAC 623A.323, 623A.324 and 623A.326 have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.323  “Affidavit for a certificate of eligibility” defined. (NRS 338.173, 623A.130)  “Affidavit for a certificate of eligibility” means an affidavit from a certified public accountant required pursuant to subsection 2 of NRS 338.173.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.324  “Affidavit for renewal of a certificate of eligibility” defined. (NRS 338.173, 623A.130)  “Affidavit for renewal of a certificate of eligibility” means an affidavit from a certified public accountant required pursuant to subsection 5 of NRS 338.173.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.326  “Statement of compliance” defined. (NRS 338.173, 623A.130)  “Statement of compliance” means a statement from a registrant who applies for a certificate of eligibility which states that he or she is properly registered as a landscape architect pursuant to the provisions of chapter 623A of NRS for the certificate of eligibility for which he or she is applying.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.329  Prerequisites. (NRS 338.173, 623A.130)

     1.  A registrant who wishes to obtain a certificate of eligibility must submit to the Board:

     (a) An application on a form provided by the Board;

     (b) A notarized affidavit for a certificate of eligibility on a form provided by the Board;

     (c) A notarized statement of compliance on a form provided by the Board;

     (d) The fee set forth in NAC 623A.170; and

     (e) Any other documentation required by the Board.

     2.  The Board will deem that a registrant who is an employee of a group practice has satisfied the requirement set forth in paragraph (a) of subsection 2 of NRS 338.173 if the affidavit for a certificate of eligibility submitted to the Board by the registrant indicates that the group practice which employs the registrant has paid directly, on its own behalf, the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit for a certificate of eligibility.

     3.  If two or more group practices wish to combine in any legal form for the purpose of submitting a proposal on a public work or a project for the construction, reconstruction or improvement of a highway for which the combined entity will seek a preference pursuant to NRS 338.1711 to 338.1727, inclusive, or 408.3875 to 408.3887, inclusive, the entity resulting from the combination is not eligible for the applicable preference unless each group practice entering into the combination employs a registrant who holds, or applies and qualifies for, a certificate of eligibility.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.331  Application: Contents; form. (NRS 338.173, 623A.130)

     1.  An application for a certificate of eligibility must include, without limitation:

     (a) The name of the applicant;

     (b) The certificate number of the applicant;

     (c) The mailing address of the applicant;

     (d) The telephone number of the applicant;

     (e) The signature of the applicant; and

     (f) Any other information that the Board may require.

     2.  An affidavit for a certificate of eligibility must:

     (a) Be on a form provided by the Board;

     (b) Be notarized; and

     (c) Include a certificate by a certified public accountant that the applicant meets the requirements of NRS 338.173.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.332  Issuance or denial. (NRS 338.173, 623A.130)  The Board or its designee will issue or deny a certificate of eligibility within a reasonable time after the date on which the Board receives the application, all required documentation that supports the application and the fee set forth in NAC 623A.170.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.333  Contents of certificate. (NRS 338.173, 623A.130)  The certificate of eligibility must include, without limitation:

     1.  The date of issuance;

     2.  The date of expiration;

     3.  The name and certificate number of the registrant to whom the certificate of eligibility is issued; and

     4.  Such other information as the Board deems appropriate.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.334  Issuance of duplicate certificate. (NRS 338.173, 623A.130)  The Board will issue a duplicate certificate of eligibility to any registrant who has received a certificate of eligibility, who certifies that his or her certificate of eligibility has been lost or destroyed and who pays the fee set forth in NAC 623A.170.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.335  Affidavit for renewal. (NRS 338.173, 623A.130)

     1.  An affidavit for renewal of a certificate of eligibility must be on a form provided by the Board and must be notarized.

     2.  The Board will deem that a registrant who is an employee of a group practice has satisfied the requirement set forth in subsection 5 of NRS 338.173 if the affidavit for renewal of a certificate of eligibility submitted to the Board by the registrant indicates that the group practice which employs the registrant has paid directly, on its own behalf, the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for the 12-month period immediately preceding the submission of the affidavit for renewal of a certificate of eligibility.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.336  Issuance of certificate prohibited if license not active; revocation; reapplication. (NRS 338.173, 623A.130)  The Board will not issue a certificate of eligibility to a registrant whose certificate of registration is expired or not on active status. If a registrant whose certificate of registration is expired or not on active status has received a certificate of eligibility, the Board will revoke the certificate of eligibility. Such a registrant must reapply for a certificate of eligibility pursuant to NRS 338.173 and NAC 623A.321 to 623A.339, inclusive.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.337  Disciplinary action. (NRS 338.173, 623A.130)

     1.  If a registrant who applies to the Board for a certificate of eligibility submits false or misleading information, submits an application which is incomplete or does not comply with the provisions of this chapter or chapter 338 of NRS, the Board may:

     (a) Deny the application;

     (b) If the registrant has received a certificate of eligibility, revoke the certificate of eligibility; or

     (c) Take such action as the Board deems appropriate under the circumstances.

     2.  In carrying out the provisions of this section, the Board may rely on information contained in the records maintained by the Board and need not conduct any investigation, inquiry or hearing regarding the information contained in those records.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.338  Written objection filed with public body. (NRS 338.173, 623A.130)  If a written objection is filed with a public body pursuant to subsection 10 of NRS 338.173, the Board or its designee will, upon request by the public body, provide to the public body a copy of the application of the registrant against whom the complaint was made and any documentation submitted with the application.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

     NAC 623A.339  Notification to Board of determination by public body; revocation of certificate. (NRS 338.173, 623A.130)

     1.  If a public body determines that a written objection is accompanied by the required proof or substantiating evidence pursuant to subsection 11 of NRS 338.173, the public body must notify the Board in writing of the determination of the public body within 30 days after the date of its determination.

     2.  Upon receipt of the written documentation from the public body, the Board or its designee will immediately revoke the certificate of eligibility of the registrant. No formal disciplinary hearing is required before revocation of the certificate of eligibility based upon the receipt of the documentation from the public body which received the proposal on a contract for the completion of a public work.

     (Added to NAC by Bd. of Landscape Arch. by R147-11, eff. 9-14-2012)

CERTIFICATION OF LANDSCAPE ARCHITECT INTERNS

     NAC 623A.341  Application for certificate. (NRS 623A.130, 623A.182)

     1.  Application for a certificate to practice as a landscape architect intern must be made on a form prescribed by the Board and accompanied by the nonrefundable application fee.

     2.  An applicant for a certificate to practice as a landscape architect intern must:

     (a) Provide the following information on an application form submitted to the Board:

          (1) The name, business and residence addresses, business and residence telephone numbers and facsimile numbers, and electronic mail address of the applicant.

          (2) The state of residence of the applicant.

          (3) The birthplace, birth date and social security number of the applicant.

          (4) Information regarding any conviction of the applicant for a felony, gross misdemeanor or misdemeanor.

          (5) Evidence that the applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States.

          (6) A chronological statement of the educational background of the applicant, including the names and addresses of schools attended, years of attendance, major subject and degree received, as applicable.

          (7) A signed release authorizing the Board to investigate the education, experience, moral character and reputation of the applicant.

          (8) The names and addresses of three personal references who have direct knowledge of the applicant.

          (9) The name and address of one teacher or professor who has direct knowledge of the scholastic ability of the applicant.

          (10) An affidavit signed by the applicant attesting that the information provided to the Board is truthful, complete and accurate.

          (11) Any other information deemed necessary by the Board.

     (b) Arrange for certified transcripts to be sent directly to the Board from each college, university or other educational institution that the applicant attended.

     (c) Arrange for his or her scores on the national examination to be sent directly from the Council to the Board.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)

     NAC 623A.351  Examination: Contents. (NRS 623A.130, 623A.170, 623A.190)  The examination for a certificate to practice as a landscape architect intern consists of the following sections of the national examination:

     1.  Section 1: Project and Construction Management; and

     2.  Section 2: Inventory and Analysis.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012; R082-18, 10-25-2018)

     NAC 623A.355  Examination: Qualification for issuance of certificate. (NRS 623A.130, 623A.190)  To qualify for the issuance of a certificate to practice as a landscape architect intern, an applicant must achieve a passing score on each section of the national examination that is required pursuant to NAC 623A.351.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)

     NAC 623A.370  Examination: Use of passing scores. (NRS 623A.130, 623A.170, 623A.190)  If a person who has been issued a certificate to practice as a landscape architect intern applies for a certificate of registration, the person may use the passing scores achieved on the sections of the national examination taken as part of the examination for a certificate to practice as a landscape architect to satisfy the requirement to pass those sections for a certificate of registration.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)

     NAC 623A.380  Issuance and scope of certificate. (NRS 623A.130, 623A.165, 623A.184)  The Board will issue a certificate to practice as a landscape architect intern to an applicant entitling him or her to practice landscape architecture in this State in accordance with the provisions of this chapter and chapter 623A of NRS and under the direct supervision of a registrant if:

     1.  The Board finds that the applicant is of good moral character;

     2.  The applicant achieves passing scores on the sections of the national examination required pursuant to NAC 623A.351 for a certificate to practice as a landscape architect intern; and

     3.  The applicant has timely submitted all of the required fees.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)

     NAC 623A.385  Expiration and renewal or reinstatement of certificate. (NRS 623A.130, 623A.184)

     1.  A certificate to practice as a landscape architect intern issued by the Board expires at midnight on June 30 next following the date of issuance, unless the certificate is renewed.

     2.  To renew an unexpired certificate, the holder of a certificate to practice as a landscape architect intern must apply for renewal of the certificate on a form prescribed by the Board and pay the annual renewal fee on or before June 30 following the date that the certificate or renewal was issued.

     3.  To renew an expired certificate to practice as a landscape architect intern within 1 year after the certificate expires, the holder of a certificate to practice as a landscape architect intern must apply for renewal of the certificate on a form prescribed by the Board and include the prorated fee for renewal and the fee for delinquent renewal of the certificate as provided in NAC 623A.170.

     4.  To renew an expired certificate to practice as a landscape architect intern more than 1 year after the date on which the certificate expired, the holder of a certificate to practice as a landscape architect intern must apply for renewal of the certificate on a form prescribed by the Board and include the prorated fee for renewal, the fee for delinquent renewal and the fee for reinstatement as provided in NAC 623A.170. A certificate which is not reinstated within 3 years after the date on which the certificate expired may not be reinstated.

     5.  If a holder of a certificate to practice as a landscape architect intern complies with the provisions for the renewal of a certificate to practice as a landscape architect intern pursuant to the provisions of subsection 2 or 3 or the reinstatement of a certificate to practice as a landscape architect intern pursuant to the provisions of subsection 4, the Board will issue a renewal card to the registrant. A renewal card issued by the Board will contain:

     (a) The expiration date of the renewal or reinstatement of the certificate to practice as a landscape architect intern;

     (b) The seal of the Board;

     (c) The number of the certificate to practice as a landscape architect intern to which the renewal card applies; and

     (d) The signature of the Executive Director.

     6.  The Executive Director shall record the renewal or reinstatement of a certificate to practice as a landscape architect intern.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)

PRACTICE AND ENFORCEMENT

     NAC 623A.410  Operation of branch office. (NRS 623A.130, 623A.260)  Upon the approval of the Board, a group or individual landscape architectural practice which has its headquarters in any state of the United States, any province of Canada or any other jurisdiction approved by the Board may operate a branch office in Nevada. Each branch office must be operated by a current registrant in good standing for whom the branch office is his or her principal place of business.

     [Bd. of Landscape Arch., § 5.1, eff. 9-9-76] — (NAC A 11-1-95)

     NAC 623A.420  Advertising. (NRS 623A.130, 623A.355)

     1.  The name and certificate number of the registrant and the title “Landscape Architect” must appear in a conspicuous manner in all advertisements of the registrant.

     2.  An advertisement of a registrant must not be false, deceptive or misleading.

     3.  If the Board has probable cause to believe that a person without a certificate of registration is advertising for the performance of the practice of landscape architecture, the Board may issue a letter to the person ordering the person:

     (a) To cease and desist advertising without a certificate of registration.

     (b) If the advertisement is being conducted by another person, to inform the person making the advertisement to cease and desist the advertisement.

     [Bd. of Landscape Arch., § 6.1, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006)

     NAC 623A.430  Group practice. (NRS 623A.130, 623A.250)

     1.  A landscape architectural service performed by a group practice must be performed by or under the direct supervision of a registrant who is a partner, principal, officer or employee of the group practice. All instruments of service of the group practice must be stamped and signed pursuant to the provisions of NAC 623A.440 by the registrant who provided the direct supervision for the work performed.

     2.  All advertisements and other similar materials used by the group practice must contain the name of the registrant and his or her certificate number.

     [Bd. of Landscape Arch., §§ 7.1 through 7.3, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006; R142-11, 9-14-2012)

     NAC 623A.440  Instruments of service; official stamp. (NRS 623A.130, 623A.195)

     1.  All submitted instruments of service, including, without limitation, landscape architectural plans, specifications, reports, papers and other professional documents relating to the practice of landscape architecture, must be stamped, signed and dated pursuant to the provisions of subsection 3 by the registrant who prepared them or provided the direct supervision under which they were prepared.

     2.  If a submitted instrument of service, including, without limitation, a landscape architectural plan, specification, report, paper or other professional document relating to the practice of landscape architecture, is prepared by a person other than a registrant, the submitted instrument of service must contain the name and registration number of the registrant who provided the direct supervision under which the submitted instrument of service was prepared.

     3.  A registrant shall use the original stamp provided by the Board pursuant to NAC 623A.140 and place his or her original signature, the date of execution and the expiration date of the registration across the stamp, on the front page of the work prepared by him or her.

     4.  If a professional document contains the product of more than one design professional, the registrant must stamp, sign and date the document pursuant to the provisions of subsection 3 and add a notation which clearly denotes the sheets that he or she prepared.

     5.  Details, shop drawings, product descriptions and other product information prepared by a manufacturer, supplier or installer of a specific product or system may be integrated into documents prepared, stamped, signed and dated pursuant to the provisions of subsection 3 by a registrant if the details, drawings, descriptions or other information are incidental to the overall scope of the project and do not, in themselves, describe spaces, elements or systems which directly affect the public health, safety and welfare.

     [Bd. of Landscape Arch., § 1.4, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006) — (Substituted in revision for NAC 623A.120)

     NAC 623A.450  Authorized use of words or letters. (NRS 623A.130)  A registrant may use in connection with his or her name the words or letters “Registered Landscape Architect,” “Professional Landscape Architect,” “RLA” or “PLA.”

     (Added to NAC by Bd. of Landscape Arch. by R142-11, eff. 9-14-2012)

     NAC 623A.480  Standards for ethical conduct of registrants. (NRS 623A.130)  A registrant shall uphold and advance the honor and dignity of the profession by maintaining a high standard of ethical conduct. In particular, the registrant:

     1.  Shall exert every effort toward the preservation and protection of the natural resources and toward understanding the interaction of the economic and social systems with these resources.

     2.  Shall have a social and environmental responsibility to reconcile the public’s needs and the natural environment with minimal disruption of the natural system.

     3.  Shall further the public health, safety and welfare and advance the profession by constantly striving to provide the highest level of professional services and avoiding the appearance of improper conduct.

     4.  Shall serve his or her client or employer with integrity, understanding, knowledge and creative ability and respond morally to social, political, economic and technological influences.

     5.  Shall encourage educational research and the development and dissemination of useful technical information relating to the planning, design and construction of the physical environment.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R142-11, 9-14-2012)

     NAC 623A.490  Professional conduct and duties of certificate holders; grounds for disciplinary action. (NRS 623A.130, 623A.133)

     1.  A certificate holder shall not perform or attempt to perform a professional service relating to landscape architecture unless he or she is qualified by education and experience to perform that service. A certificate holder may accept employment which requires practice in a related design field if he or she limits the actual practice to those areas in which he or she is qualified. The certificate holder may associate with other professional persons to the extent necessary. When practicing in a related design field, the certificate holder must be held to the same standards of technical knowledge and skill as apply to that profession.

     2.  If a certificate holder observes a situation or circumstance which, in his or her professional opinion, could result in a threat to the public health, safety and welfare, the certificate holder shall notify the responsible party, official, agency or board, as may be appropriate, of the potential threat.

     3.  A certificate holder shall not accept a work project or employment where his or her duty to a client or the public would conflict with his or her personal interest or the interest of another client of the certificate holder without full disclosure of all material facts of the conflict to each person who might be related to or affected by the project or employment.

     4.  A certificate holder shall not accept compensation from more than one person for services related to the same project or professional employment without making full disclosure to and obtaining the express written consent of all such persons.

     5.  A certificate holder shall not give, lend or promise anything of value to a public officer with the intent to influence or attempt to influence the officer’s judgment or actions.

     6.  A certificate holder shall not attempt to obtain, offer to undertake or accept a work project or employment for which he or she knows another legally qualified person or firm has been selected or employed until the certificate holder has evidence that the latter agreement has been terminated.

     7.  A certificate holder shall not engage in fraud, deceit, misrepresentation, exaggeration or concealment of material facts in advertising, soliciting or providing professional services.

     8.  A certificate holder shall accurately represent his or her qualifications and the scope and nature of his or her responsibilities in connection with work for which he or she is claiming credit.

     9.  A certificate holder shall not maliciously injure the professional reputation, business prospects or practice of another certificate holder or professional person.

     10.  A certificate holder shall comply with all federal, state, municipal and county laws, codes, ordinances and regulations pertaining to the practice of landscape architecture.

     11.  A certificate holder shall not engage in conduct which involves fraud or the wrongful exploitation of the rights of other persons and shall not counsel or assist a client in conduct that the certificate holder knows, or should know, involves fraud or other illegal acts.

     12.  A certificate holder shall not materially alter the scope or objectives of a project without the consent of the client. The certificate holder shall keep the client fully informed of any changes in the scope of a project.

     13.  A certificate holder who reasonably believes, based on substantial information, that another landscape architect or landscape architect intern has committed a violation of the provisions of this chapter or chapter 623A of NRS which raises a serious question as to the honesty, trustworthiness or fitness of that landscape architect or landscape architect intern shall report that information to the Board.

     14.  A certificate holder shall notify the Board within 30 days after any disciplinary action or judgment against the certificate holder issued by any public agency or court which substantially relates to the qualifications, functions or duties of the practice of landscape architecture.

     15.  A certificate holder shall not:

     (a) Fail to make timely payments for the support of one or more children pursuant to a court order; or

     (b) Fail to comply with any warrant or subpoena relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of one or more children.

     16.  Any violation of this chapter or chapter 623A of NRS is a ground for disciplinary action.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006)

ADMINISTRATIVE PROCEEDINGS

     NAC 623A.505  Complaints against certificate holders: Action by Board. (NRS 623A.130)  If a complaint is filed with the Executive Director pursuant to the provisions of NRS 623A.290, the Board:

     1.  If the complaint does not allege a violation of this chapter or chapter 623A of NRS, will transmit the complaint together with any evidence or information relating to the complaint to the agency, public or private, who, in the opinion of the Board, has jurisdiction over the complaint.

     2.  If the person filing the complaint is known, will notify the person filing the complaint of the final action taken on the complaint.

     3.  May meet and confer with the person filing the complaint and the person against whom the complaint is filed to facilitate a resolution of the complaint.

     (Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006)

     NAC 623A.507  Complaints against certificate holders: Review by Executive Director to determine completeness. (NRS 623A.130)

     1.  Upon the receipt of a complaint, the Executive Director shall review the complaint to determine if the complaint is complete by adequately setting forth:

     (a) The nature of the complaint;

     (b) The identity of the complainant; and

     (c) The identity of the respondent.

     2.  If the Executive Director determines that the complaint does not meet the requirements of subsection 1, the Executive Director shall:

     (a) If the complaint was not submitted on the official complaint form of the Board, provide to the person filing the complaint the official complaint form of the Board.

     (b) Request that the person submitting the complaint provide the information that the Executive Director has determined to be missing from the complaint.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011; A by R082-18, 10-25-2018)

     NAC 623A.509  Complaints against certificate holders: Written response by respondent. (NRS 623A.130)

     1.  Once the Executive Director has determined pursuant to NAC 623A.507 that a complaint is complete, the Executive Director shall provide a copy of the complaint to the respondent.

     2.  Upon the receipt of a copy of a complaint that has been filed against the respondent, the respondent shall submit to the Board a written response to the complaint within 20 days.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011; A by R082-18, 10-25-2018)

     NAC 623A.511  Complaints against certificate holders: Review of complaint and response by designated member of the Board to determine violation has occurred; recommendation to the Board. (NRS 623A.130)

     1.  Upon the receipt of the response to a complaint pursuant to NAC 623A.509, the designated member of the Board shall review the complaint and the response to determine whether a probable violation of this chapter or chapter 623A of NRS has occurred.

     2.  The designated member of the Board may consult with the Executive Director or the legal counsel for the Board in conducting the review of a complaint pursuant to the provisions of subsection 1.

     3.  After conducting a review of a complaint pursuant to the provisions of subsection 1, the designated member of the Board shall recommend to the Board that:

     (a) The Board dismiss the complaint; or

     (b) The Board proceed with a formal disciplinary hearing and schedule the matter for a disciplinary hearing.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011)

     NAC 623A.513  Complaints against certificate holders: Public meeting of the Board; dismissal; preparation and service of formal disciplinary complaint and notice of hearing. (NRS 623A.130)

     1.  At a public meeting of the Board, the Board will review the recommendation of the designated member of the Board on a complaint provided pursuant to the provisions of NAC 623A.511 and decide whether to:

     (a) Dismiss the complaint; or

     (b) Proceed with a formal disciplinary hearing on the complaint and fix a date for the hearing on the matter.

     2.  If the Board decides pursuant to the provisions of subsection 1 to dismiss the complaint, the Board will provide a copy of its decision to the complainant and the respondent.

     3.  If the Board decides pursuant to the provisions of subsection 1 to proceed with a formal disciplinary hearing, the legal counsel for the Board shall prepare:

     (a) A formal disciplinary complaint setting forth the specific violations of this chapter or chapter 623A of NRS that the respondent is alleged to have violated; and

     (b) A notice of hearing pursuant to the provisions of NAC 623A.520.

     4.  The legal counsel for the Board shall serve the formal disciplinary complaint and the notice of hearing prepared pursuant to the provisions of subsection 3 upon the respondent by certified mail, return receipt requested.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011)

     NAC 623A.515  Settlement of complaints: Determination of parameters; offer; proposed stipulated agreement; approval of stipulated agreement by Board; dismissal of complaint. (NRS 623A.130)

     1.  After the formal disciplinary complaint and the notice of hearing have been served upon the respondent pursuant to the provisions of NAC 623A.513, the Executive Director and the legal counsel for the Board may determine parameters within which the complaint may be settled with the respondent.

     2.  If, pursuant to the provisions of subsection 1, the Executive Director and the legal counsel for the Board determine parameters within which the complaint may be settled, the legal counsel for the Board shall offer to the respondent to settle the complaint.

     3.  If the legal counsel for the Board and the respondent reach an agreement to settle the complaint, the legal counsel for the Board shall prepare a proposed stipulated agreement that resolves the complaint.

     4.  The legal counsel for the Board shall submit the proposed stipulated agreement to the Board for the approval of the Board at the next public meeting of the Board. If the Board approves the proposed stipulated agreement, the stipulated agreement is effective and the complaint against the respondent must be dismissed.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011; A by R082-18, 10-25-2018)

     NAC 623A.517  Subpoenas. (NRS 623A.130)  Any party to a formal disciplinary complaint may request that the Board issue a subpoena pursuant to the provisions of NRS 623A.140.

     (Added to NAC by Bd. of Landscape Arch. by R217-03, eff. 12-30-2011)

     NAC 623A.520  Hearings before Board or hearing panel: Notice; rights of parties; continuances; rules of evidence; final determination. (NRS 623A.130)

     1.  All parties to a disciplinary proceeding or other contested matter under the Nevada Administrative Procedure Act will be afforded an opportunity for a hearing before the Board or a duly appointed hearing panel after reasonable notice of at least 20 days.

     2.  The notice must contain:

     (a) The time, place and nature of the hearing.

     (b) The legal authority and jurisdiction under which the hearing will be held.

     (c) A reference to the particular sections of NRS and this chapter which are involved.

     (d) A clear statement of the matters asserted.

     3.  At the hearing, each party has the right to be represented by counsel, to respond to and introduce evidence and argument on all issues involved, and to produce witnesses and to examine and cross-examine opposing witnesses.

     4.  The respondent may request a continuance of a hearing. The Board will grant the first request for a continuance of a hearing requested by a respondent. The Board will grant a second or subsequent request for a continuance only upon a showing by the respondent of clear and convincing grounds for the granting of the second or subsequent request for a continuance of a hearing.

     5.  The President of the Board or another member of the Board appointed by the President shall chair the hearing.

     6.  The member of the Board chairing the hearing shall make all rulings concerning the admissibility of evidence. The formal rules of evidence do not apply.

     7.  A hearing will be conducted in the following order:

     (a) The legal counsel for the Board shall mark and place into evidence all exhibits that support the allegations contained in the complaint.

     (b) The respondent may state his or her objections, if any, to the exhibits marked and placed into evidence by the legal counsel for the Board.

     (c) The respondent shall mark and place into evidence all exhibits which support the defense of the respondent.

     (d) The legal counsel for the Board may state his or her objections, if any, to the exhibits marked and placed into evidence by the respondent.

     (e) The legal counsel for the Board may make an opening statement.

     (f) The respondent may make an opening statement.

     (g) The legal counsel for the Board shall call witnesses, if any, to testify concerning the allegations contained in the complaint.

     (h) The respondent may cross-examine a witness called by the legal counsel for the Board.

     (i) The respondent shall call witnesses, if any, to testify concerning the allegations contained in the complaint.

     (j) The legal counsel for the Board may cross-examine a witness called by the respondent.

     (k) The respondent may make a closing statement.

     (l) The legal counsel for the Board may make a closing statement.

     8.  All allegations in a complaint must be proved by substantial evidence.

     9.  After the hearing has concluded, the Board will, by majority vote, make an initial determination as to the allegations contained in the complaint.

     10.  After the Board has made a determination as to the decision of the Board regarding the allegations contained in the complaint:

     (a) The Board will orally announce the decision of the Board; and

     (b) The legal counsel of the Board shall draft a written final determination of the Board.

     11.  The Executive Director of the Board shall submit the written final determination of the Board prepared pursuant to the provisions of subsection 10 to the Board for approval. If the Board approves of the written final determination of the Board prepared pursuant to the provisions of subsection 10, the Board will serve the written final determination on the respondent by certified mail, return receipt requested.

     12.  A person who is aggrieved by a final decision of the Board in a contested case is entitled to a judicial review pursuant to the Nevada Administrative Procedure Act.

     [Bd. of Landscape Arch., §§ 8.2 through 8.5, eff. 9-9-76] — (NAC A 11-1-95; R216-03, 6-1-2006; R217-03, 12-30-2011)

     NAC 623A.600  Petition for adoption, filing, amendment or repeal of regulation; petition for declaratory order or advisory opinion. (NRS 623A.130)

     1.  Any interested person or agency may petition the Board to adopt, file, amend or repeal any regulation of the Board, by letter addressed to the Executive Director of the Board. Relevant data, views and arguments must accompany such a petition. The Board will consider a petition filed pursuant to this subsection at its next regularly scheduled Board meeting. The Board will, not later than 30 days after the meeting:

     (a) Initiate the rule-making process; or

     (b) Deny the petition in writing, stating its reasons for the denial.

     2.  Any interested person or agency may petition the Board for a declaratory order or an advisory opinion regarding the applicability of any statutory provision or regulation or decision of the Board. The Board will consider a petition for a declaratory order or an advisory opinion filed pursuant to this subsection at its next regularly scheduled Board meeting. The Board will, not later than 30 days after the date of the meeting:

     (a) Issue a declaratory order or an advisory opinion; or

     (b) Deny the petition for an order or opinion in writing stating the reasons therefor.

     (Added to NAC by Bd. of Landscape Arch., eff. 11-1-95)