CHAPTER 26 - BOARD OF LANDSCAPE ARCHITECTS

 

SECTION .0100 – STATUTORY AND ADMINISTRATIVE PROVISIONS

 

21 NCAC 26 .0101             AUTHORITY: NAME AND LOCATION OF BOARD

The "North Carolina Landscape Architecture Act," G.S. 89A, establishes and authorizes the "North Carolina Board of Landscape Architects," hereafter called the "Board."  Unless otherwise directed, all communications shall be addressed to the Board at Post Office Box 41225, Raleigh, North Carolina 27629.  Applications and other information is available on the Board's website: www.ncbola.org.

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

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

 

21 NCAC 26 .0102             PURPOSE OF THE ACT

 

History Note:        Authority G.S. 89A‑1(b),(c); 89A‑2(a); 89A‑3(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. August 1, 1988.

 

21 NCAC 26 .0103             ORGANIZATION OF THE BOARD: OFFICERS

In accordance with Article 33C of G.S. Chapter 143, meetings of the Board shall be open and public except that the Board may meet in closed session to prepare, approve, administer or grade written examinations; or to examine and deliberate the qualifications of an applicant for registration; or to dispose of a proceeding to discipline a registered landscape architect.

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

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

 

21 NCAC 26 .0104             FORMS

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Temporary Amendment Eff. October 1, 1997;

Temporary Amendment Expired July 12, 1998;

Repealed Eff. August 1, 2000.

 

21 NCAC 26 .0105             FEES

(a)  The fee for any initial license application shall be one hundred dollars ($100.00).

(b)  Examination fees payable to the Board shall be paid prior to the examination and in accordance with G.S 89A-6.

(c)  The fee for a license by comity shall be one hundred fifty dollars ($150.00).

(d)  The fee for a corporate certificate of registration shall be two hundred dollars ($200.00).

(e)  The fee for the annual renewal of any certificate of registration of any person, firm, or corporation shall be one hundred dollars ($100.00).

(f)  Annual renewal fees received after July 1st of each year shall be subject to a late fee of fifty dollars ($50.00).  Lapse of license renewal in excess of one year shall require an application reinstatement and an application fee of one hundred dollars ($100.00).

(g)  The fee for re-issue of a lost or damaged certificate shall be twenty-five dollars ($25.00).

(h)  If the accompanying payment in the amount of the renewal fee is dishonored by the firm's drawee bank for any reason, the Board shall suspend the firm registration until the renewal fee is paid.

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. December 1, 1994; June 1, 1991; April 1, 1990; July 1, 1989;

Temporary Amendment Eff. October 1, 1997;

Temporary Amendment Expired July 12, 1998;

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

 

21 NCAC 26 .0106             SUSPENSION OF AUTHORITY TO EXPEND FUNDS

In the event the North Carolina Board of Landscape Architects' authority to expend funds is suspended pursuant to G.S. 93B-2(d), the Board shall continue to issue and renew licenses and all fees tendered shall be placed in an escrow account maintained by the Board for this purpose.  Once the Board's authority is restored, the funds shall be moved from the escrow account into the general operating account.

 

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

Eff. March 1, 2015.

 

21 NCAC 26. 0107             DEFINITIONS

In addition to the definitions in G.S. 89A-1, for purposes of this Section, the following definitions apply:

(1)           "Board Executive" means the administrator of the Board.

(2)           "CLARB" means the Council of Landscape Architectural Registration Boards.

(3)           "Contact hour" means 60 continuous minutes.

(4)           "CEAC" means the Continuing Education Advisory Committee of the Board.

(5)           "Direct Supervision" means the level of supervision by a licensed professional overseeing the work of another in which both work in circumstances where professional contact is relevant and routine, and the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision.

(6)           "Education Activity" means an activity that increases the professional knowledge or skills of a licensee and relates to the protection or enhancement of the health, safety and welfare of the public and is approved by the Board.

(7)           "Examination" means the process by which the Board determines the experience, academic or other qualifications and fitness for practice of an applicant, and may include a written examination administered by the Board or a third party.

(8)           "Foreign Corporation" means a foreign corporation as defined in G.S. 55B-16(b).

(9)           "LAAB" means the Landscape Architecture Accreditation Board.

(10)         "LARE" means the Landscape Architecture Registration Exam administered by the CLARB.

(11)         "License Year" means July 1 through June 30.

(12)         "Resident licensed professional" means a licensee who spends a majority of the licensee's normal working time in a specifically identified place of business within North Carolina.  Such time shall not be less than a majority of the operating hours of the business.  A licensed professional shall be the resident licensee at only one place of business at one time unless each business is at least one-third owned by the resident professional and is approved by the Board after a determination that the businesses are integrated in operation, ownership, office location, and that the licensee will be in responsible charge of the professional services.

 

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

Eff. March 1, 2015.

 

SECTION .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS

 

21 NCAC 26 .0201             BOARD LISTING OF INDIVIDUAL AND FIRM NAMES

Every individual licensee, partnership, firm or corporation has the continuing responsibility of keeping the Board advised of his, her or its current mailing address and other contact information and the name or names under which he, she or it is practicing landscape architecture.  Each licensee or firm shall notify the Board of any and all changes of association, address or contact information.  Upon the dissolution or change of a professional relationship, the member or members thereof shall notify the Board in writing concerning such dissolution, and of the succeeding status and addresses of the individual or firm.  Notice to the Board required by this Rule shall be provided within 10 days of the change.

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015.

 

21 NCAC 26 .0202             APPLICABILITY OF BOARD RULES

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. August 1, 1988.

 

21 NCAC 26 .0203             GENERAL OBLIGATIONS OF PRACTICE: MANDATORY STANDARDS

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. October 1, 1988; August 1, 1988; November 8, 1978;

Repealed Eff. July 1, 1993.

 

21 NCAC 26 .0204             CORPORATE PRACTICE

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

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

Repealed Eff. February 1, 1994.

 

21 NCAC 26 .0205             FORMS OF PRACTICE

 

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

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

Eff. August 1, 1993;

Repealed Eff. February 1, 1994.

 

21 NCAC 26 .0206             NAME OF FIRM

(a)  Exclusion of Non‑Licensed Individuals.  The name of a landscape architectural firm shall not include the proper name of any officer or employee who is not a licensed landscape architect, architect, geologist, land surveyor or professional engineer.

(b)  Associate.  The word "associate" may be used only with reference to a licensee who is a principal or regular employee of the firm.  The plural form may be used only when justified by the number of licensees in addition to those licensees whose proper names are included in the firm name.

(c)  Example: Proper Name and (&) Associates shall refer to a principal landscape architect and at least two licensed landscape architectural employees.

(d)  Example: Proper Name Associates shall refer to at least one principal landscape architect and at least one licensed landscape architectural employee.

(e)  Example: Assumed Name Associates shall refer to at least one principal landscape architect and at least one licensed landscape architectural employee, or two or more principal landscape architects.

(f)  Names Previously in Effect.  This Rule shall not be construed to require any firm to seek approval of, or to change, any name duly adopted in conformity with board rules in effect at the date of such adoption.

 

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

Eff. July 1, 1993;

Amended Eff. February 1, 1994.

 

21 ncac 26 .0207             APPLICATION OF PROFESSIONAL SEAL

(a)  Use of Seal.  The seal(s) of the landscape architect(s) responsible for the work and the landscape architectural corporation seal, if appropriate, shall be applied to the following documents:

(1)           Drawings and specifications prepared for public agency approval;

(2)           Drawings and specifications issued for the purpose of bidding, negotiation or construction;

(3)           Reports of technical nature; and

(4)           Letters and certificates of professional opinion.

(b)  The seal(s) shall be applied only to documents prepared personally or under the immediate supervision of the landscape architect whose seal is affixed, except that seals may be applied to documents that were not prepared by the landscape architect in the following circumstances:

(1)           Documents that were initially sealed by an out of state individual who is a licensed landscape architect in the state of origin of such plans may then be reviewed by a North Carolina Landscape Architect for code conformance, design adequacy, and site adaptation for the specific application within North Carolina.  Standard plans, which bear the seal of an individual who is a licensed landscape architect, shall be sealed by the North Carolina Landscape Architect who is assuming responsibility.  In addition to the seal, a statement shall be included as follows:  "These plans have been examined by the undersigned.  I have determined that they comply with existing local North Carolina codes, and have been properly site adapted for use in this area."

(2)           Documents that are prepared by another licensed professional and obtained by the Landscape Architect may be used to prepare landscape architectural design documents provided the origin of the documents and information prepared by another licensed professional shall appear on each drawing or sheet of the documents sealed by the landscape architect.

(c)  Signature and Date.  The individual's seal or facsimile thereof shall have the landscape architect's original signature across its face and the effective date shall be indicated below or elsewhere on the document.

(d)  Co‑authorship.  When a document requiring seals has been co‑authored by the landscape architect and another licensed design professional of another discipline, the landscape architect shall indicate by notation each portion for which he or she is responsible.

(e)  Failure to use the professional seal according to this Rule may be deemed by the Board to be "gross malpractice" within the meaning of G.S. 89A‑7.

(f)  Electronically transmitted documents and electronic seals shall be allowed.  Documents, including drawings, specifications and reports, that are transmitted electronically to a client or a governmental agency shall have the computer-generated seal removed from the original file, unless signed with a digital signature as defined in Paragraph (g) of this Rule.  After removal of the seal, the electronic media shall have the following language inserted in lieu of the signature and date: 

This document originally issued and sealed by (name of sealer), (license number), on (Date of sealing).  This medium shall not be considered a certified document. Hardcopy documents containing the original seal, signature, and date may be obtained from (name of sealer). 

(g)  The scanned digital files of certified documents that cannot be altered are not subject to the requirements of Paragraph (f) of this Rule.  The electronic transmission of CAD, vector or other similar files subject to easy editing are subject to the requirements of this Paragraph.  Easy editing is based on the file consisting of separate elements that can be modified or deleted in part or in whole.

(h)  Documents to be electronically transmitted that are signed using a digital signature shall contain the authentication procedure in a secure mode and a list of the hardware, software and parameters used to prepare the document(s).  Secure mode means that the authentication procedure has protective measures to prevent alteration or overriding of the authentication procedure.  The term "digital signature" shall be an electronic authentication process that is attached to or logically associated with an electronic document.  The digital signature shall be:

(1)           Unique to the licensee using it;

(2)           Capable of verification;

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

(4)           Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed.

 

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

RRC Objection Eff. June 17, 1993 Due to Lack of Statutory Authority and Ambiguity;

Eff. August 1, 1993;

RRC Objection cured Eff. January 20, 1994;

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

 

21 NCAC 26 .0208             IMPROPER CONDUCT

 

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

RRC Objection Eff. June 17, 1993 Due to Lack of Statutory Authority and Ambiguity;

Eff. August 1, 1993;

Repealed Eff. February 1, 1994.

 

21 NCAC 26 .0209             UNPROFESSIONAL CONDUCT

Registrants shall not:

(1)           allow one's name to be associated with an undertaking in any professional capacity without having served specifically in that capacity;

(2)           accept compensation in whole or in part from fees, commissions, earnings, commercial or speculative profit emanating from sales of materials or services provided to a Landscape Architect's client by others;

(3)           make exaggerated or misleading statements or claims about any personal qualifications, experience or performance;

(4)           fail to disclose to a client or employer the existence of any financial interest which even remotely bears upon the Landscape Architectural services or project;

(5)           fail to respond within 30 calendar days to any inquiry from this Board;

(6)           fail to properly supervise his or her practice.  Each office maintained for the preparation of drawings, specifications, reports or other professional work shall have a registered landscape architect employed in that office who shall have direct knowledge and supervisory control of such work, except field offices maintained only for the purpose of project construction administration shall have at least one employee present with the supervising landscape architect maintaining control and making periodic visits.

 

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

Eff. August 1, 1993;

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

 

21 NCAC 26 .0210             DISHONEST PRACTICE

(a)  Registrants shall not:

(1)           knowingly make any deceptive or false statement about another's professional work or maliciously injure or attempt to injure the prospects, practice or employment position of those so engaged;

(2)           knowingly make any deceptive or false statements in an application for examination or in any other statements or representations to this Board, to any public agency, to a prospective or actual client, or to another Landscape Architect;

(3)           fail to notify this Board, if registered as a Landscape Architect in North Carolina, of disciplinary action by a Landscape Architectural Board in another jurisdiction.

(b)  Because of the inherent conflict of interest with construction services, a landscape architect shall not provide contracting services [Combined Design and Construction (Design‑Build) Practice] unless he does the following:

(1)           Uses the term "limited landscape architectural services" in all representations to the public and the client.

(2)           Affixes a notation on each construction drawing and the cover of technical specifications stating "These construction drawings and technical specifications represent the full extent of the limited landscape architectural services provided for this project".

 

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

Eff. August 1, 1993;

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

 

21 NCAC 26 .0211             INCOMPETENCE

The following acts or omissions are deemed to be gross incompetency within the meaning of G.S. 89A‑7:

(1)           to attempt to perform professional services which are beyond the qualifications which the landscape architect and those who are engaged as consultants are qualified by education, training and experience in the specific technical areas involved;

(2)           to be negligent in planning, designing, supervising, managing or inspecting landscape architectural projects such that the public health, safety, or welfare is jeopardized;

(3)           to plan, perform, or supervise work for clients in such a manner and with such results as to be below the level of professional competency exercised by other registered landscape architects who are practicing in the area;

(4)           to have been judged incompetent by a court having jurisdiction under G.S. 35A or former G.S. 35 or committed to a mental health facility for treatment of mental illness, as defined in G.S. 122C‑3, by a court under G.S. 122C‑271.

 

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

Eff. August 1, 1993;

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

 

SECTION .0300 - EXAMINATION AND LICENSING PROCEDURES

 

21 NCAC 26 .0301             EXAMINATION AND LICENSure

(a)  The LARE published by CLARB shall be the examination recognized by the Board, so long as the Board shall remain a member of the CLARB.  The Board may administer a state supplement to the LARE as allowed by the CLARB.

(b)  All persons desiring to submit an application to take the LARE are encouraged to first make application through CLARB.  Upon taking and passing all sections of the LARE, candidates shall complete the Board's initial individual application for license by examination and submit the non-refundable application fee as established in Rule .0105 of this Chapter.  If an application is complete and the applicant is otherwise qualified by statute and these rules to sit for examination, the Board shall approve the application for licensure by examination. 

(c)  CLARB sets the fees for the LARE.  Fee information shall be made available to all applicants for examination on the Board website, www.ncbola.org, and may be obtained from the CLARB.

(d)  An applicant shall be qualified for examination and licensure upon graduation from a LAAB accredited collegiate curriculum in landscape architecture, passage of the LARE, and the experience requirements of Paragraph (f) of this Rule.

(e) In allowing credit for education to satisfy the minimum qualification requirements established by G.S. 89A-4(a)(3),  an undergraduate, a masters, or a doctorate degree from an accredited curriculum approved by the LAAB shall be deemed to have met the educational requirement.

(f)  To fulfill the experience requirements established by G.S. 89A-4(a)(4), an applicant shall have a minimum of 8,000 hours of professional experience in landscape architecture working under the direct supervision of a registered landscape architect.  In submitting an initial individual application to the Board for registration, a licensed landscape architect shall certify that the applicant has completed the number of hours required by this Rule.  An applicant may petition the Board for up to 8,000 hours of experience credit by providing proof of work experience that is directly related to the practice of landscape architecture as defined by G.S. 89A-1(3).  Experience credits shall be based on a full-time work week of 40 hours and a work year of at least 2,000 hours.  Part-time work shall be fully described and may be given proportional credit.  An applicant is ineligible to receive experience credit if the work was in fulfillment of an educational requirement.

(g)  The Board shall treat as confidential and not subject to disclosure, except to the extent required by law or by rule of the Board, individual test scores and applications and material relating thereto, including letters of reference relating to an application.

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015; January 1, 2008; August 1, 1993; August 1, 1988; November 1, 1980; July 2, 1979.

 

21 NCAC 26 .0302             TEMPORARY PERMIT

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. October 1, 1988;

Temporary Repeal Eff. October 1, 1997;

Temporary Repeal Expired July 12, 1998;

Repealed Eff. August 1, 2000.

 

21 nCAc 26 .0303             LICENSE BY COMITY

(a)  To assure that the requirements of the other state are at least equivalent to those of this state, an applicant for a license by comity shall show education and experience equal to those required of applicants residing in this State who seek licensure by examination.

(b)  An application for a license by comity shall be made on the form provided by the Board and shall be accompanied by the fee.

(c)  To be approved for a license by comity the applicant shall meet the following requirements:

(1)           Provide evidence of having successfully completed the written examination established by the CLARB or hold a certificate issued by the CLARB;

(2)           Provide certification from the proper official of any state having a landscape architectural registration act that the individual is currently certified, licensed, or registered and in good standing in that state;

(3)           Submit such additional information concerning the applicant's qualifications as may be requested by the Board; and

(4)           Submit examples of work upon request.

(d)  In lieu of the requirements of Subparagraph (c)(1) of this Rule, an applicant for licensure by comity who was licensed prior to the adoption of a national written examination shall show proof of having met the requirements of their licensing state at the time of their licensure.

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. March 1, 2015; January 1, 2008; August 1, 1988; July 1, 1984.

 

21 NCAC 26 .0304             ANNUAL RENEWAL

21 NCAC 26 .0305             DENIAL: REVOCATION OR SUSPENSION OF CERTIFICATE

 

History Note:        Authority G.S. 89A‑3(c); 89A‑5; 89A‑7;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. November 8, 1978;

Repealed Eff. August 1, 1988.

 

21 NCAC 26 .0306             REINSTATEMENT AFTER REVOCATION

Any person whose certificate of registration is revoked shall be reinstated at any time by majority vote of the board if there is a finding that the cause for revocation no longer exists. 

 

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

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. December 1, 2005.

 

21 NCAC 26 .0307             CONTINUING EDUCATION AS A CONDITION OF ANNUAL RENEWAL

(a)  Every licensee shall meet the continuing education requirements for professional development as a condition for license renewal.

(b)  In order for a licensee to qualify for license renewal as a landscape architect in North Carolina, the licensee shall have completed 10 contact hours of Board approved continuing education within the previous license year.  Such continuing education shall be obtained by active participation in courses, seminars, sessions, or programs approved by the Board.

(c)  To be acceptable for credit toward this requirement, all courses, seminars, webinars, sessions, or programs shall first be submitted to the CEAC.  The CEAC shall review and recommend to the Board any course, seminar, webinar, session, or program for continuing education credit to the Board that the CEAC determines meets the criteria in Rule .0308(b) through (d) of this Section.

(d)  Documentation of compliance with this Rule shall be by affidavit provided on the individual application for license renewal and available from the licensee's secure online profile.  Erroneous or false information attested to by the licensee shall be deemed as grounds for denial of license renewal and possible suspension of license or denial of consideration for future license reinstatement, at the discretion of the Board.

(e)  The Board may establish, in consultation with the CEAC, mandatory continuing education topics for a license year.

 

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

Eff. May 1, 1990;

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

 

21 NCAC 26 .0308             duties and functions of continuing education advisory committee (CEAC)

(a)  CEAC members shall be reimbursed per diem and travel expenses for official meetings at rates equivalent to rates allowed for Board members. 

(b)  CEAC members shall serve at the discretion of the Board.  The Board Chair shall appoint the CEAC Chair who shall serve at the discretion of the Board Chair.

(c)  Each continuing education activity recommended for approval by the Board shall, in the opinion of a majority of the members of the CEAC, have a direct relationship to the practice of landscape architecture as defined in Chapter 89A of the General Statutes of North Carolina and contain elements that will enhance the health, safety, and welfare of the citizens of North Carolina served by North Carolina licensed landscape architects.

(d)  The CEAC shall meet at least once during each three month quarter of the year and act on each course, seminar, webinar, session, or program submitted for its review on the Board's Continuing Education Activity Approval form located on its website or available from the licensee's secure online profile. The CEAE shall review submissions in accordance with Paragraph (c) of this Rule.  Each program shall be recommended for approval, recommended for disapproval, or deferred for lack of information.  Programs recommended for approval shall be accompanied by a brief statement of findings by the committee of how the program meets the criteria established by this Rule. 

(e)  An activity may be recommended for pre‑approval by the CEAC before it actually occurs by following the same procedure for submission as utilized for post-activity approval.

 

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

Eff. March 1, 2015.

 

21 NCAC 26 .0309             EXemptions

(a)  A registrant shall be exempt from the continuing education requirements for any of the following reasons:

(1)           New registrants by way of examination or comity for the current registration year.

(2)           A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 90 consecutive days in a year or as provided by G.S. 93B-15(b), whichever is greater.

(3)           A licensee experiencing physical disability or illness if supporting documentation is approved by the Board.  Such documentation shall be in the form of a sworn statement by the registrant, a statement from a physician, or medical records which show that the disability or illness, prevented registrant's participation in a course that the registrant had enrolled, or prevented registrant's participation in the continuing education program for at least 90 consecutive days in a year.

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

(b)  In order to return to active practice, registrants who have received an exemption shall complete continuing education requirements for each exempted year, not to exceed two years.

 

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

Eff. March 1, 2015.

 

21 NCAC 26 .0310             REINSTATEMENT CRITERIA

(a)  A former licensee may only apply for reinstatement pursuant to G.S. 89A-5 if he or she has earned all delinquent contact hours within the 12 months preceding the application.  However, if the total number of contact hours required to become current exceeds 24, then upon application, the Board shall determine the number of hours required. 

(b)  An application for reinstatement shall be made on the form provided by the Board on its website, or by U.S. Mail if requested, by checking the appropriate box for "reinstatement" and shall be accompanied by the fee.

 

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

Eff. March 1, 2015.

 

21 NCAC 26 .0311             applications for approval

(a)  Renewal applications require the completion of a continuing education form specified outlining credit claimed, which located on the licensee's secure online profile.  The licensee shall supply sufficient detail on the form to permit audit verification, certify the form by signature, and submit the form with the renewal application and fee.

(b)  The following schedule for submittal of hours shall apply:

(1)           Application for approval of continuing education shall be submitted online or by paper application located on the Board's website or available from the licensee's secure online profile.

(2)           The deadline for submittal of an application shall be seven days prior to the regularly scheduled meeting of the CEAC.

(3)           Activity forms submitted after May 15th cannot be guaranteed approval within the license renewal year.

(4)           Applications for continuing education shall be completed in full and the answers to the essay questions contained in the application shall be in complete sentences, using proper grammar.

(5)           Administrative staff, the CEAC, and the Board may defer any application deemed unsatisfactory and return it to the registrant for further information or if the application does not meet the requirements set forth in this Section.  It is the responsibility of the licensee to submit sufficient information to satisfy the requirements of this Section.

(6)           Failure of a registrant to complete the continuing education requirements, or failure to file a report of completed continuing education are grounds for denial of license renewal and possible suspension of license, or denial of consideration for future license reinstatement.

 

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

Eff. March 1, 2015.

 

21 NCAC 26 .0312             COMPLIANCE

(a)  Compliance with annual continuing education requirements shall be determined through an audit process conducted by the Board.  Determination of individuals to be audited shall be accomplished through a random selection process or as the result of information received or obtained by the Board that gives rise to the need for an audit.  Licensees selected for auditing shall provide the Board with the following documentation of the continuing education activities claimed for the renewal period:

(1)           Attendance verification records in the form of transcripts, completion certificates, or other documents supporting evidence of attendance; and

(2)           Information regarding course content, instructors, and sponsoring organization, for activities presented by other than approved sponsors as defined in Rule .0313 of this Section.

(b)  Attendance records shall be maintained by individual licensees for a period of three years for audit verification purposes.

 

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

Eff. March 1, 2015.

 

21 NCAC 26 .0313             INDIVIDUAL LICENSES

(a)  License registration shall be renewed on or before the first day in July each year.  No less than 30 days prior to the renewal date, the Board shall send a renewal reminder to each individual licensee.  The licensee shall complete the current license renewal documentation required by the Board and found in the licensee's secure online profile.  The licensee shall submit to the Board the completed license renewal documentation, along with the annual license renewal fee.  The Board shall not accept incomplete renewal documentation. If the accompanying charge, draft, or check in the amount of the renewal fee is dishonored by the landscape architect's drawee bank for any reason, the Board shall suspend the license until the renewal fee is paid.  When the annual renewal has been completed according to the provisions of G.S. 89A-5 and Rule .0307 of this Section, the Board Executive shall approve renewal of the license for the current license year. 

(b)  If the Board has not received the annual renewal fee and completed renewal documentation, on or before the first day of July each year the license shall expire and be delinquent.  The license may be renewed at any time within one year of being deemed delinquent, upon the return of the completed renewal documentation, as found in the licensee's secure online profile, the annual renewal fee and the late renewal fee, along with demonstration of compliance with Rule .0307 of this Section.  After one year from the date of delinquency the license may no longer be renewed, but the licensee shall seek reinstatement.  Reinstatement shall occur according to the provisions of G.S. 89A-5 and Rule .0301 of this Section.

(c)  Renewal fees are non-refundable.

(d)  Any individual who is currently licensed by and in good standing with the Board who is serving in the armed forces of the United States shall not be subject to late fees, suspension, or revocation for failure to renew licensure on or before the first day of July each year, provided that the individual has been granted an extension of time to file a tax return as set forth in G.S. 105-249.2.  The licensee shall, however, comply with the continuing education requirement of Rule .0310 of this Section.

 

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

Eff. March 1, 2015.

 

21 NCAC 26 .0314             CORPORATE PRACTICE OF LANDSCAPE ARCHITECTURE

(a)  Prior to offering and rendering landscape architectural services as set forth in G.S. 89A and Rule .0206 of this Chapter, all corporations shall, submit an application for registration and be granted registration by the Board.  Application for registration to practice landscape architecture within the State of North Carolina shall be made upon forms entitled "Application for Organization Certificate of Registration" provided by the Board on its website and include the required application fee.  Certificates for corporate practice may be issued only under the provisions of G.S. 55B, except as provided in Paragraph (b) of this Rule and G.S. 57C.

(b)  Applications for certificate of registration as exempt from the Professional Corporation Act under the provisions of G.S. 55B-15 shall be made upon forms provided by the Board.  Completed applications shall be accompanied by the corporate application fee. To be eligible as an exempt corporation under the provisions of G.S. 55B-15, the following conditions shall exist:

(1)           The corporation or limited liability company must have been incorporated or organized prior to June 5, 1969 and permitted by law to render professional services, or must be a corporate successor to such corporation or limited liability company as defined by G.S. 55B-15; or

(2)           The corporation or limited liability company must have been incorporated or organized prior to October 1, 1979 and must have been a bona fide firm engaged in the practice of landscape architecture and such services as may be ancillary thereto within the State of North Carolina prior to that date.

(c)  Firm registration must be renewed on or before June 30th. If the Board has not received the annual renewal fee and completed application on or before June 30th, the firm license shall expire and be delinquent. No less than 30 days prior to the renewal date, the Board shall send a notice of renewal to each registered firm.  The firm shall designate a firm manager to complete the renewal documentation required by the Board.  The Board shall not accept incomplete renewal documentation.  Renewal documentation shall be accompanied by the renewal fee.  If the accompanying payment in the amount of the renewal fee is dishonored by the firm's drawee bank for any reason, the Board shall suspend the firm registration until the renewal fee is paid.  When the annual renewal has been completed according to the provisions of G.S. 89A-5, the Board Executive shall approve renewal for the firm registration for the current renewal year.  The firm license shall not be renewed until the individual landscape architect in responsible charge for the firm has completed the individual renewal process.

(d)  Within one year of expiration, the firm license may be renewed at any time upon the return of the completed renewal documents, the annual renewal fee, and the late renewal fee.  After one year from the date of expiration for non-payment of the annual renewal fee, the licensee shall not be eligible to seek reinstatement, as set forth in G.S. 89A-5, and the Board may reinstate the firms' certificate of registration only as allowed by G.S. 89A-4.

(e)  Renewal fees are non-refundable. 

(f)  Each registered corporation shall adopt a seal pursuant to Rule .0207 of this Chapter.

(g)  In addition to the requirements and limitations of G.S. 55 and G.S. 55B, the firm name used by a landscape architectural corporation shall conform with Rule .0206 of this Chapter and be approved by the Board before being used.  This Rule shall not prohibit the continued use of any firm name adopted in conformity with the General Statutes of North Carolina and the Board's rules in effect at the date of such adoption.

(h)  Landscape architects may practice in this State through duly authorized limited liability companies only as provided under G.S. 57C-2-01(c).  Any limited liability company that offers to practice or practices landscape architecture in this State shall comply with the same requirements applicable to professional corporations under Rules .0201, .0206, .0214, .0218 and .0219 of this Chapter.

 

History Note:        Authority G.S. 55B‑5; 55B‑10; 55B‑15; 89A‑3.1(4);

Eff. March 1, 2015.

 

21 NCAC 26 .0315             out-of-state entities

(a)  Landscape architectural entities from other states may be granted certificates of registration for practice in this State upon receipt by the Board of a completed application, fees, the submission of a certified copy of its corporate charter, or other corresponding documents, amended as may be necessary to ensure compliance with all requirements of Chapter 55B, the Professional Corporation Act of the State of North Carolina, and the payment of the firm application fee.  In addition to the other requirements as set out in G.S. 83A-8, out-of-state (or "foreign") entities shall, prior to registration, receive from the Secretary of State of North Carolina a certificate of authority to do business within the State.  A certificate for filing for a certificate of authority shall be obtained from the Board prior to submitting the application to the Secretary of State.

(b)  An out-of-state entity may be permitted to practice landscape architecture within the State of North Carolina provided that it complies with G.S. 55B.  If an out-of-state entity offers landscape architectural services, then it shall comply with requirements set forth in G.S. 89A.  An out-of-state entity shall have at least one officer or director licensed in the State as a landscape architect.  Two-thirds of the issued and outstanding shares of the out-of-state corporations shall be held by a landscape architect, architect, geologist, engineer, or land surveyor licensed to practice the profession in a jurisdiction of the United States.  However, the entity shall designate at least one landscape architect who is licensed in the State of North Carolina to be in responsible charge for the entity's practice of landscape architecture within the State of North Carolina.  Notwithstanding the requirements of this Rule, an individual landscape architect who is licensed under G.S. 89A, et seq., may practice as an individual.

(c)  An out-of-state limited liability company may practice landscape architecture, if the limited liability company complies with G.S. 57C and at least one member and one manager or member/manager is licensed as a landscape architect, architect, geologist, engineer, or land surveyor to comply with Paragraph (a) of this Rule.

(d)  An out of state limited liability partnership may practice landscape architecture, if the limited liability partnership complies with G.S. 59-84.2, and at least one partner is licensed in this State as an individual pursuant to Rule .0301 of this Section.

(e)  If the Board has not received the annual firm renewal fee and completed application on or before June 30th, the firm registration shall expire and be deemed delinquent.  The firm registration may be renewed at any time within one year upon the payment of the annual renewal fee and the late renewal fees.  After one year from the date of expiration for non-payment of the annual renewal fee, the license shall be automatically revoked.  The Board may reinstate the firm's certificate of registration, as allowed by Rule .0301 of this Section.

 

History Note:        Authority G.S. 55B‑6; 83A‑6; 89A‑2(a1);

Eff. March 1, 2015.

 

SECTION .0400 ‑ RULES: PETITIONS: HEARINGS

 

 

21 NCAC 26 .0401             RULE MAKING PROCEDURES

In accordance with G.S. 150B‑16, any person desiring the adoption, amendment or repeal of a rule by the board shall submit a petition to the board containing the following information:

(1)           Name of board;

(2)           A draft of the proposed rule;

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

(4)           Data supporting the proposed rule;

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

(6)           Effects of the proposed rule on persons licensed under Chapter 89A of the General Statutes of North Carolina;

(7)           Names (including addresses if known) of those most likely to be affected by the rule; and

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

 

History Note:        Authority G.S. 89A‑3; 150B‑12; 150B‑16;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

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

 

21 NCAC 26 .0402             CONTENTS OF PETITION

21 NCAC 26 .0403             DISPOSITION OF PETITIONS

21 NCAC 26 .0404             NOTICE OF RULEMAKING HEARINGS

21 NCAC 26 .0405             NOTICE MAILING LIST

21 NCAC 26 .0406             ADDITIONAL INFORMATION

21 NCAC 26 .0407             REQUEST TO PARTICIPATE

21 NCAC 26 .0408             CONTENTS OF REQUEST: GENERAL TIME LIMITS

21 NCAC 26 .0409             RECEIPT OF REQUEST: SPECIFIC TIME LIMITS

21 NCAC 26 .0410             WRITTEN SUBMISSIONS

21 NCAC 26 .0411             PRESIDING OFFICER: POWER AND DUTIES

21 NCAC 26 .0412             STATEMENT OF REASONS FOR DECISION

21 NCAC 26 .0413             RECORD OF PROCEEDINGS

21 NCAC 26 .0414             EMERGENCY RULES

 

History Note:        Authority G.S. 89A‑3(c); 150A‑11; 150A‑12; 150A‑13; 150A‑16;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.

 

SECTION .0500 - BOARD DISCIPLINARY PROCEDURES

 

 

21 NCAC 26 .0501             SUBJECTS OF DECLARATORY RULINGS (REPEALED)

21 NCAC 26 .0502             SUBMISSION OF REQUEST FOR RULING (REPEALED)

21 NCAC 26 .0503             DISPOSITION OF REQUESTS (REPEALED)

21 NCAC 26 .0504             RECORD OF DECISION (REPEALED)

21 NCAC 26 .0505             EFFECTIVE DATE (REPEALED)

 

History Note:        Authority G.S. 89A‑3(c); 150A‑11; 150A‑17;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.

 

21 NCAC 26 .0506             IMPROPER PRACTICE BY A REGISTRANT

21 NCAC 26 .0507             GENERAL RULES

21 NCAC 26 .0508             OPPORTUNITY FOR LICENSEE OR APPLICANT TO HAVE HEARING

21 NCAC 26 .0509             CONDUCT OF CONTESTED CASE

 

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

Temporary Adoption Eff. October 1, 1997;

Temporary Adoption Expired July 12, 1998.

 

21 NCAC 26 .0510             DISCIPLINARY REVIEW PROCESS

(a)  Allegations or evidence of a violation of the Landscape Architecture Licensing Act or the rules in this Chapter shall be preliminarily reviewed by the Board Chair and legal counsel to the Board.  Upon a determination that evidence of a violation exists, the matter shall be subject to Board investigation and may be subject to disciplinary action by the Board.

(b)  An investigation shall be initiated by a written notice and explanation of the allegation being forwarded to the person or entity against whom the charge is made and a response shall be requested of the person or firm so charged within 30 days of receipt of said notice to show compliance with all lawful requirements for retention of the license.  Notice of the charge and of the alleged facts or alleged conduct shall be given personally or by certified mail, return receipt requested.

(c)  In the discretion of the Board Chair, a field investigation may be performed.

(d)  After additional evidence has been obtained, the Board Chair shall either:

(1)           recommend dismissal of the charge; or

(2)           refer the matter to the Disciplinary Review Committee.

(e)  If the Board Chair recommends dismissal, the Chair shall give a summary report to the Board and a vote shall be called to dismiss the complaint.  If the Board does not vote to dismiss the complaint, the matter shall be forwarded to the Disciplinary Review Committee for further consideration.

(f)  The Disciplinary Review Committee shall be made up of a minimum of one member of the Board and the Board Chair.

(g)  Upon review of the evidence, and further investigation if necessary, the Disciplinary Review Committee shall present to the Board a written recommendation that may include the following:

(1)           The charge be dismissed as unfounded or that the Board is without jurisdiction over the matter;

(2)           The charge is admitted as true, whereupon the Board may accept the admission of guilt by the person or entity charged and discipline the person or entity accordingly;

(3)           The Board may accept a proposed settlement negotiated in an effort to resolve the alleged violations; or

(4)           The charge be presented to the full Board for a hearing and determination of sanctions by the Board in accordance with the substantive and procedural requirements of the provisions of G.S. 150B, Article 3A.

(h)  A consultant to the Disciplinary Review Committee shall be designated by the legal counsel of the Board if the Chair of the Disciplinary Review Committee determines that it needs assistance.  The consultant shall be a currently licensed landscape architect selected from former Board members or other licensed professionals who are knowledgeable with the Board's processes and have expressed an interest in serving as a consultant.  The consultant shall review all case materials and assist the Disciplinary Review Committee in making a recommendation as to the merits of the case. 

(i)  At least 15 days written notice of the date of consideration by the Board of the recommendations of the Disciplinary Review Committee shall be given to the person or entity against whom the charges have been brought and the person submitting the charge. 

(j)  When the Board issues a notice of hearing against whom the charges are brought, the person or entity may request in writing a settlement conference to pursue resolution of the issue(s) through informal procedures.  If, after the completion of a settlement conference, the person or entity and the Board's Disciplinary Review Committee do not agree to a resolution of the dispute for the full Board's consideration, the original disciplinary review process shall commence.  During the course of the settlement conference, no sworn testimony shall be taken.  

 

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

Eff. December 1, 2005;

Amended Eff. March 1, 2015.

 

SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: PROCEDURES

 

 

21 NCAC 26 .0601             RIGHT TO HEARING

21 NCAC 26 .0602             REQUEST FOR HEARING

21 NCAC 26 .0603             GRANTING OR DENYING HEARING REQUESTS

21 NCAC 26 .0604             NOTICE OF HEARING

21 NCAC 26 .0605             NO EX PARTE COMMUNICATIONS

21 NCAC 26 .0606             PETITION FOR INTERVENTION

21 NCAC 26 .0607             TYPES OF INTERVENTION

21 NCAC 26 .0608             HEARING OFFICER: DESIGNATION: POWERS

21 NCAC 26 .0609             DISQUALIFICATION OF HEARING OFFICERS

 

History Note:        Authority G.S. 89A‑3(c); 150A‑23(a); 150A‑23(c); 150A‑23(d); 150A‑32; 150A‑33;

150A‑35;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.

 

SECTION .0700 ‑ ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS

 

 

21 NCAC 26 .0701             FAILURE TO APPEAR

21 NCAC 26 .0702             SIMPLIFICATION OF ISSUES

21 NCAC 26 .0703             SUBPOENAS

21 NCAC 26 .0704             FINAL DECISIONS IN ADMINISTRATIVE HEARINGS

21 NCAC 26 .0705             PROPOSALS FOR DECISIONS

 

History Note:        Authority G.S. 89A‑3(c); 150A‑25(a); 150A‑27; 150A‑33(5); 150A‑34(a),(b),(c);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. November 8, 1978;

Repealed Eff. May 1, 1983.

 

SECTION .0800 ‑ JUDICIAL REVIEW

 

 

21 NCAC 26 .0801             RIGHT TO JUDICIAL REVIEW

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

 

History Note:        Authority G.S. 89A‑3(c); 150A‑43; 150A‑45;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. May 1, 1983.