;
CHAPTER Lsa
100 DEFINITIONS, ORGANIZATION AND PUBLIC
INFORMATION
PART Lsa
101 PURPOSE AND SCOPE
Lsa 101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the New Hampshire board of landscape architects
created by RSA 310-A: 142. These
provisions regulate but are not limited to the licensing of landscape
architects and the practice of landscape architecture in the state of
Source. #8858, eff 3-28-07
PART Lsa
102 DEFINITIONS
Lsa 102.01 Terms
Used. As used in these rules, the
following terms shall have the meanings indicated:
(a) “Landscape Architect" means, “landscape
architect”
as defined in RSA 310-A:141, I namely “a person who, by reason of professional
education or practical experience, or both, is qualified to engage in the
practice of landscape architecture as attested by licensing as a landscape
architect.”
(b) “Landscape architectural practice" means
“landscape architectural practice” as defined in RSA 310-A:141, II.
(c) “Board” means the New Hampshire board of
landscape architects created by RSA 310-A:142.
Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23
PART Lsa
103 BOARD ORGANIZATION
Lsa 103.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 310-A:140-160 which include but are not limited to safeguarding property, to promoting public welfare and
maintaining a high standard of integrity, skills and
practice in the profession of landscape architecture in this state.
Source. #8858, eff 3-28-07
Lsa 103.02 Composition of the Board. Pursuant to RSA 310-A:142, I the
board shall consist of 5 members who meet the eligibility requirements of RSA
310-A:142, I, II or both.
Source. #8858, eff 3-28-07
Lsa 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all
meetings. In the absence of the
chairperson, the vice-chairperson shall preside.
Source. #8858, eff 3-28-07
Lsa 103.04 Organization. Biennially, the board shall elect or appoint a
chairperson, vice-chairperson, and secretary at the first meeting of the board
in a calendar year.
Source. #8858, eff 3-28-07; renumbered by #13630 (formerly Lsa 103.05)
Lsa 103.05 Seal.
The seal of the board shall be an embossed circular seal consisting of 2
concentric circles, the outer circle having a diameter of 2 inches and an inner
circle having a diameter of 1.7 inches. In
the space between the two circles there shall be the words “New Hampshire Board of
Landscape Architects.” The inner circle shall be a
Source. #8858, eff 3-28-07;
renumbered by #13630 (formerly Lsa 103.06)
Lsa 103.06 Office
Hours, Office Location, Mailing Address, and Telephone.
(a) The board’s office shall be located at the
New Hampshire Office of Professional Licensure and Certification (OPLC), 7
Eagle Square, Concord, N.H. and shall be open to the public weekdays, excluding
holidays, from 8:00 a.m. to 4:00 p.m.
(b) Correspondence shall be addressed to the
board at:
Board of Landscape Architects
C/O The Office of Professional Licensure and
Certification
7 Eagle Square
Concord, N.H. 03301
(c) The board’s telephone number shall be
(603)-271-2152.
Source. #8858, eff 3-28-07; ss by 13630, eff 7-9-23 (formerly
Lsa 103.07)
PART Lsa
104 PUBLIC INFORMATION
Lsa 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of
official actions taken by the board. Minutes of board actions which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and
shall be available for inspection during the board’s ordinary office hours
within 144 hours from the close the meeting or vote in questions unless the 72
hours availability requirement of RSA 91-A:3, III is applicable.
Source. #8858, eff 3-28-07
Lsa 104.02 Custodian
of Records. Persons desiring copies
of board records shall submit a request which identifies as particularly as
possible the information being sought. If
records are requested which contain both public and confidential information,
the board shall delete the confidential information and provide the remaining
information.
Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23
Lsa 105.01 Meetings. Regular meetings shall be held at least 3 times
each year. Special meetings shall be
called by order of the chairperson or secretary. Each member of the board shall be notified in
writing of each meeting and such notice shall contain the place, date, time,
and subject of the meeting.
Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23
Lsa 105.02 Quorum. A quorum of the board shall consist of a
majority of the appointed members and a majority vote by the members present
shall be necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or
secretary, a quorum of the board shall designate a pro tempore officer for
the officer or officers absent.
Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23
PART Lsa
106 APPOINTMENT OF COMMITTEES
Lsa 106.01 Committees.
(a) A committee shall consist of one or more of
board members who have been directed by the board to investigate and make
recommendations on matters which could be handled by the full board.
(b) When expressly authorized by the board, the
authority of a committee shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332:G-3.
Source. #8858, eff 3-28-07
CHAPTER Lsa 200 RULES OF
PRACTICE AND PROCEDURE
REVISION NOTE:
Document
#13633, effective 7-9-23, repealed Part Lsa 201
through Part Lsa 217 in Chapter Lsa
200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice
and Procedure”. Document #13633 also adopted
a new Part Lsa 201 titled “Applicability and Waiver
of Substantive Rules”, containing Lsa 201.01 titled “Rules
of Practice and Procedure” and Rule 201.02 titled “Waiver of Administrative
Rules.”
Document #13633 replaces all
prior filings affecting the rules in the former Chapter Lsa
200. The prior filings included the
following documents:
#8859, eff 3-28-07
#8660, eff 3-28-07
#10678, eff 9-30-14
As practice and procedure rules, the rules in Document
#13633 will not expire except pursuant to RSA 541-A:17, II.
PART Lsa 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES
Lsa 201.01
Rules of Practice and Procedure.
The Plc 200 rules shall govern with regards to all procedures for:
(a)
The receipt of misconduct complaints;
(b)
The conduct of adjudicatory proceedings;
(c)
Rulemaking submissions, considerations, and dispositions of rule making petitions;
(d) Public comment hearings;
(e) Declaratory rulings;
(f)
All statements of policy and interpretation;
(g)
Explanation of adopted rules; and
(h) Voluntary surrender of licenses.
Source. (See Revision
Note at chapter heading for Lsa 200) #13633, eff 7-9-23
Lsa
201.02 Waiver of Administrative Rules.
(a) The board shall initiate a waiver of a
substantive rule upon its own motion by providing affected parties with notice
and opportunity to be heard, and issuing an order which finds that waiver would
be necessary to advance the purpose of the rules of the board.
(b) Individuals who wish to request a waiver of a
rule shall submit a written request to the board, which includes:
(1) The rule for which a waiver is
requested;
(2) The anticipated length of time
the requested waiver will be needed;
(3) The reason for requesting the waiver;
(4) Evidence of how the waiver will
provide for the health and safety of the consumer or licensee;
(5) A time-limited written
compliance plan which sets forth plans to achieve compliance including an
estimated date of compliance; and
(6) The signature of the applicant.
(c) The board shall consider the following when
determining whether to approve or deny a waiver:
(1) If adherence to the rule would
cause the petitioner unnecessary or undue hardship;
(2) If the requested waiver is
necessary because of any neglect or misfeasance on the part of the practitioner;
(3) If enforcement of the rule would
injure a third person(s); and
(4) If waiver of the rule would injure
a third person(s).
(d) The board shall approve a waiver of an
administrative rule request only if:
(1) Granting a waiver does not
have the effect of waiving or modifying a provision of RSA 310-A;
(2) The petitioner has shown good
cause exists pursuant to (c) above to waive the rule; and
(3) The board determines that the
individual’s plans for compliance with the rule includes an estimated date of
compliance and eventual compliance.
(e) If the board, after receiving and reviewing a
request for a waiver, requires further information or documentation to grant or deny the
waiver, the board shall:
(1) Notify the applicant in
writing within 30 days; and
(2) Specify the information or
documentation the board requires.
(f) The board shall issue a written approval or
denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is
required. If additional information and
documentation is required, then the board shall issue a written approval or
denial within 60 days of receiving the requested information or documentation.
Source. (See Revision
Note at chapter heading for Lsa 200) #13633, eff 7-9-23
CHAPTER Lsa 300 LICENSURE REQUIREMENTS
PART Lsa 301 APPLICATION REQUIREMENTS
Lsa 301.01 Application Process.
(a) Persons wishing
to become licensed as a landscape architect in
(b) An application,
which is not signed by the applicant, and/or is not accompanied by cash, a
valid check or a valid credit card for the application fee,
shall not be accepted for processing and shall be returned to the applicant.
(c) If the application is
denied, the applicant shall be provided an opportunity to request a hearing for
reconsideration pursuant to Lsa 206 on the deficiency
issues identified by the board. Any such
request shall be made in writing and received by the board within 30 days of
the receipt of the notification of denial.
(d) Applications about which there has been no
communication from the applicant to the board forone
year shall be destroyed.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 301.02 Application for Licensure.
(a) Each applicant for licensure shall provide,
or cause to be provided, the following on a form supplied by the board:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s residence and business
addresses, telephone numbers and e-mail address;
(3) The applicant’s date of birth, place of birth
and citizenship;
(4) The applicant’s dates of employment, titles
of positions, and present address of employer;
(5) Character of employment including types of
work performed and degree of responsibility;
(6) Name and present address of someone familiar
with each position;
(7) List of secondary, college or university
credits obtained including name of institution, years attended, graduation date
and certified copies of transcripts;
(8) A listing of every state
in which the applicant holds or has ever held
registration/certification/licensure as a landscape architect with corresponding
number and date of initial registration/certification/licensure;
(9) Whether the applicant has ever lost or been
denied registration/ certification/licensure as a landscape architect or
disciplined by this board or another landscape architect licensing board in any
other state and if so, an explanation of the circumstances;
(10) Whether the
registration/certification/licensure as a landscape architect was issued by examination;
(11) Whether the applicant has ever been convicted
of any felony, any misdemeanor, or a violation involving landscape
architecture or the practice of landscape architecture and if so, the name of
the court, the details of the offense and the date of conviction and the
sentence imposed;
(12) The names, complete addresses, occupation and
business relationship with the applicant of 5 references as specified in Lsa 302.03;
(13) An affidavit acknowledging that the applicant
has provided correct and true statements in the application;
(14) A list of current memberships in professional
or scientific societies which shall include name of organization, location,
grades and dates of memberships and any additional experience information the
applicant wishes to provide;
(15) Whether the applicant has ever held a Council
of Landscape Architect Registration Boards (CLARB) record, and if so, whether
the candidate has requested the CLARB record be transmitted to the board office;
(16) The applicant’s social security number required pursuant to
(17) The applicant’s signature.
(b) Applicants shall
pay the application fee as specified in Lsa 301.03.
(c) Each applicant
for licensure who is a graduate of a non
United States or Canadian institution shall have
his/her transcripts sent directly from the institution to World Education
Services or a similar translation and authentication service which
specializes in evaluating educational credentials for translation and
authentication. The applicant shall request translation and authentication
be sent from the translation and authentication organization directly to the
board office for evaluation by the board.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 301.03 Application, Examination, and Licensure
Fees.
(a) The application fee for licensure
for reciprocal candidates who have a CLARB certificate shall be $275.00.
(b) The application
fee for licensure for reciprocal candidates who do not have a CLARB
council record shall be $325.00.
(c) The fee for licensure
by examination shall be $150.00.
(d) The wall display certificate
fee for applicants shall be $50.00.
(e) The biennial
renewal fee shall be $160.00.
(f) The
reinstatement fee after 12 months shall be the renewal fee plus 20 percent per
month late fee totaling $544.00.
(g) The fee for
verification of licensure or certification shall be $25.00.
(h) The fee for
replacement of a lost or mutilated certificate of licensure shall be $50.00.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 301.04 Fees. All fees shall be paid in the form of, cash,
money order, bank draft, check or credit card payable to "Treasurer, State
of
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
PART Lsa 302 QUALIFICATION OF APPLICANTS
Lsa 302.01 Candidate Requirements.
(a) Candidates for
licensure shall meet the requirements established by RSA 310-A:146 before a
license shall be granted. The board shall require documentation of the
applicant’s education and work experience to help determine competency.
(b) Experience in
the practice of landscape architecture shall be of a grade and character that
indicates to the board that the applicant is competent to practice as a
landscape architect as determined pursuant to Lsa 302.02. The
board shall also require documentation of the applicant’s work products to help
determine competency.
(c) Qualifications shall be
determined as follows:
(1) Applicants possessing an accredited 4-year landscape
architecture degree or equivalent, shall have 3 years professional experience
under the direct supervision of a licensed landscape architect; or
(2) Applicants possessing a non-accredited 4-year
landscape architecture degree or a 4-year degree in a related field including,
but not limited to, engineering, architecture, geology, geography, planning,
botany, forestry, environmental design, garden design, environmental studies,
environmental science, ecology or soil science shall have 5 years
professional experience, 3 of which shall be under the direct supervision of a
licensed landscape architect.
(d) Experience shall
be in accordance with the rules of professional conduct set forth in Lsa 501. Conduct proscribed by the rules of professional
conduct, when performed by an unlicensed person or during a prior period of licensure,
shall result in denying a license application or issuing a restricted
license.
(e) The applicant
shall take the Landscape Architect Registration Exam (LARE) prepared by CLARB and
achieve a passing score.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 302.02 Experience Requirements. Experience in the practice of landscape
architecture shall be determined pursuant to RSA 310-A:146 as follows:
(a) Experience shall
be progressive on landscape architecture projects to indicate that it is of
increasing quality and requiring greater responsibility;
(b) Only the work of
landscape architectural nature shall be creditable;
(c) Experience shall
not be obtained in violation of RSA 310-A:155, II;
(d) Experience
gained in the armed services, to be creditable, shall be of a character
equivalent to that which would have been gained in the civilian sector doing
similar work;
(e) Experience shall
be gained under the supervision of a licensed landscape architect or if not, an
explanation shall be made showing why the experience should be considered acceptable;
(f) Teaching
experience to be creditable shall be of an advanced level in a college or university
offering a landscape architecture curriculum of 4 years or more that is accredited by Landscape Architecture
Accreditation Board (LAAB) accredited program;
(g) Successful
completion of graduate study leading to the master’s degree in landscape architecture
which has followed a baccalaureate degree in landscape architecture may be used
for credit for one year’s experience. If the Ph.D. in landscape architecture is
completed under the same conditions, 2-year’s total experience shall be credited.
The 2 years credit shall include the one year for the master’s degree; and
(h) Experience shall
not be anticipated. The experience shall have been received at the time of the
application.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 302.03 References
Required.
(a) Each applicant
for licensure shall provide the board with the names and addresses of at least
5 individuals, who shall provide references, and are not related to the
applicant. At least 3 of
the references shall be individuals having personal or professional knowledge
of the applicant's experience as a landscape architect. At least 3 of the
references shall be licensed landscape architects as defined by RSA 310-A:141,
I, having detailed knowledge of the applicant's landscape architecture
experience.
(b) Pursuant to RSA
310-A:149, II, references relating to experience in the practice of landscape
architecture performed prior to March 28, 2007 may be
provided by either a licensed landscape architect or a person practicing the
profession of landscape architecture.
(c) The board shall
use as references any individuals, whose names appear in any part of the
completed application.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 302.04 Information from References. Information from references shall be requested
by the board on forms provided by the board as follows:
(a) Applicant’s name;
(b) Reference’s name
and address, relationship to the applicant, and status as a landscape architect
as defined by RSA 310-A:141, I;
(c) A brief
description of the reference’s knowledge of the applicant’s qualifications in
the practice of landscape architecture; and
(d) Signature of
reference and date.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 302.05 Additional References. The board shall require of the applicant the
names and addresses of additional references if the original information
provided by the references is unclear, incomplete or
contradictory.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 302.06 Denial of Application. An application shall be denied if, after
notice and an opportunity for hearing, there is a finding that:
(a) The applicant,
or someone acting on the applicant's behalf, has submitted false information to
the board in connection with the application;
(b) Evidence of past
disciplinary action taken by another licensing body or a professional society
or association, which indicates the applicant cannot be relied upon to practice
competently, safely and honestly, or adhere to the standards of conduct required
by Lsa 500;
(c) Evidence of
conviction of a felony or misdemeanor indicates the applicant cannot be relied
upon to practice competently, safely and honestly, or adhere to the ethical
standards required by Lsa 500;
(d) Evidence of
behavior that would violate the ethical standards of Lsa
500, indicates the applicant cannot be relied upon to practice competently,
safely and honestly, or adhere to the ethical standards required by Lsa 501.03;
(e) The applicant
failed to meet the educational and experience requirements of Lsa 302 and RSA 310-A146; or
(f) The applicant
failed to successfully pass the examinations required per Lsa
303.01.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
PART Lsa 303 EXAMINATIONS
Lsa 303.01 Examinations.
(a) Multiple choice
sections 1, and
2, and graphic sections 3, and 4 of the CLARB LARE national examination shall
be administered on computer at CLARB regional test centers on dates set by CLARB.
(b) All applicants for
licensure shall have successfully passed all sections of the CLARB LARE.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa. 303.02 Re-Examinations. Candidates failing an examination shall be
entitled to re-examination upon payment of an additional examination fee pursuant
to Lsa 301.03 (c).
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
PART Lsa 304 RECIPROCITY
Lsa 304.01 Reciprocity.
(a) Candidates for
licensure who are licensed/registered in another state, provided that the other
state’s licensure/registration requirements are substantially equivalent to or
higher than those of this state, shall apply to the board for licensure on a
form provided by the board as specified in Lsa 301.02
and pay the fee per Lsa 301.03 (a) or (b). The verification of licensure or examination
shall be obtained by the candidate for licensure and submitted to the board
directly from the verifying state for approval.
(b) Each applicant
for licensure who holds a CLARB certificate shall have the CLARB certificate
sent directly to the board office for evaluation by the board.
(c) Applicants who
hold a CLARB certificate shall submit the verification required pursuant to Lsa 304.01 (a).
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
PART Lsa 305 CREDENTIALS
Lsa 305.01 License. An applicant for licensure as a landscape
architect, who has met satisfactorily all the requirements of RSA 310-A and who
has paid all of the fees, shall be issued a license by
the board. The licensee shall be issued
a license authorizing the practice of landscape architecture that shall show the
full name of the licensee, shall have a serial number, and shall be signed by
the members of the board.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 305.02 Pocket Cards. Biennially, the board shall issue a licensure
card, numbered to correspond with the landscape architect’s assigned number to
each licensed landscape architect upon renewal of the license. The card shall certify that the landscape architect
holds a license in good standing and is authorized to practice landscape
architecture to the date of expiration as shown on the card.
Source. #8861, eff 3-28-07;
ss by #10679, eff 9-30-14
Lsa 305.03 Licensed Landscape Architect Seal/Stamp.
(a) The board shall
upon issuance of a license to an applicant as a licensed landscape architect
require the licensee to acquire an impression type seal or rubber stamp of the
design approved by these rules and submit the seal to the board for approval. This seal shall bear the licensee's name and
number as shown on the license. This seal
may be affixed on all plans, maps, and reports prepared by the licensee, but shall
be affixed to all documents issued or filed for public record.
(b) The seal shall
consist of 2 concentric circles with the outer circle having a diameter of 1- 5/8
inches and the inner circle diameter of 1-1/4 inches. In the space between the circles, the top shall
be the words "Licensed Landscape Architect" and at the bottom
"State of
(c) The stamping or
sealing of any documents by the licensee with the licensee's seal after the
license has expired, has been suspended, revoked or
surrendered voluntarily shall be a violation of these rules. The stamping or sealing of any documents by
the licensee not prepared by the licensee personally or under the licensee’s
direct supervision shall be a violation of these rules.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
CHAPTER Lsa 400 CONTINUED STATUS
PART Lsa 401 RENEWAL OF LICENSE
Lsa 401.01 Expirations and Renewals. Pursuant to RSA 310A:154, licenses shall be
renewed by written application prior to the expiration date and by payment of
the prescribed renewal fee. The board
shall notify each landscape architect one month prior to expiration of their
license. If properly renewed, a license
shall remain in effect continuously from the date of issuance, unless suspended
or revoked by the board.
Source. #8861, eff 3-28-07;
ss by #10679, eff 9-30-14
Lsa 401.02 Renewal of License. Any licensee wishing to renew a license shall
submit:
(a) The renewal
application supplied by the board;
(b) The fee
specified in Lsa 301.03;
(c) If the renewal
is not received by the date of expiration, a late fee of 20 percent per month;
and
(d) Proof of completion
of the continuing education requirements of Lsa 403.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 401.03 Renewal Application. The applicant shall supply the following
information on the application form for license renewal:
(a) The applicant’s
full name;
(b) The applicant’s
business name and address and telephone number;
(c) The applicant’s
home address, telephone number and e-mail address;
(d) Documentation
and attestation that the applicant has complied with the continuing education
requirements of Lsa 403;
(e) A statement
indicating any disciplinary or legal action brought against the applicant for
his/her services as landscape architect;
(f) A statement
indicating that the applicant has adhered to the ethical and professional
standards of Lsa 500;
(g) Acknowledgment
that the provision of materially false information in the application knowingly
provided is a basis for denial;
(h) Acknowledgement that, if the applicant
provided false information that is discovered after the license is renewed, it
is a basis for disciplinary action by the board;
(i) The license number and expiration date;
(j) The amount of
the renewal fee due; and
(k) The applicant’s
signature.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 401.04 Denial of Renewal. Renewal shall be denied if, after notice and
an opportunity for hearing, the board finds:
(a) Noncompliance
with the continuing education requirements of Lsa 403.01;
(b) Any unethical
act for which discipline shall be imposed under Lsa 500;
(c) Reasons for
which an initial application could be denied;
(d) Failure to
furnish complete or accurate information on an initial or renewal license
application; or
(e) Failure to file
a renewal application within 12 months of license expiration.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 401.05 Reinstatement. A landscape architect whose license to
practice landscape architecture in this state has been allowed to lapse for a
period of 12 months or more shall:
(a) File a
reinstatement application with the board that shall include at least the
following:
(1) The applicant’s
full name;
(2) The applicant’s business
address and telephone number;
(3) The applicant’s
home address and telephone number;
(4) Documentation
that the applicant has complied with the continuing education requirements of Lsa 403;
(5) A statement
indicating any disciplinary or legal action brought against the applicant for
his/her services as a landscape architect;
(6) A statement
indicating that the applicant has adhered to the ethical and professional
standards of Lsa 500;
(7) A representation
that the applicant acknowledges that the provision of false information in the
application is a basis for disciplinary action by the board;
(8) The names,
complete addresses, occupation and business
relationship with applicant of 3 references from licensed landscape architects
as defined by RSA 310-A:141, I; and
(9) The applicant’s
signature and date.
(b) Applicants shall
submit the application and reinstatement fees as specified in Lsa 301.03.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 401.06 Denial
of Reinstatement. Reinstatement
shall be denied if, after notice and an opportunity for hearing, the board
finds:
(a) Noncompliance
with the continuing education requirements of Lsa 403.01;
(b) Any unethical
act for which discipline shall be imposed under Lsa 500;
(c) Reasons for
which an initial application could be denied; or
(d) Failure to
furnish complete or accurate information on an initial or renewal license
application.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
PART Lsa 402 DISCIPLINARY MATTERS
Lsa 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct investigations,
settlements of misconduct allegations, or disciplinary hearings, in response to
any information which reasonably suggests that a licensee has engaged in
professional misconduct.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 402.02
Disciplinary Sanctions.
(a) Other than
immediate license suspensions authorized by RSA 541-A:30, III the board shall
impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b) When the board
receives notice that a licensee has been subjected to disciplinary action related
to professional conduct by the licensing authority of another jurisdiction,
where the license was not reinstated, the board shall issue an order directing
the licensee to demonstrate why reciprocal discipline should not be imposed in
(c) In a
disciplinary proceeding brought on the basis of
discipline imposed in another jurisdiction the licensee shall be subject to any
disciplinary sanction authorized by RSA 310-A:156, V.
(d) After a finding
that misconduct has occurred, the board shall impose one or more of the disciplinary
sanctions authorized by RSA 310-A:156, V after considering the presence of
aggravating or mitigating circumstances.
(e) The following shall be considered aggravating
circumstances:
(1) The seriousness of the offense;
(2) Prior disciplinary record;
(3) State of mind at the time of the offense;
(4) Lack of willingness to cooperate with the
board; and
(5) Potential harm to public health and safety.
(f) The following
shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) State of mind at the time of the offense;
(3) Willingness to cooperate with the board;
(4) Acknowledgment of his or her wrongdoing; and
(5) The purpose of the rule or statute violated.
(f) No hearing date
established in a proceeding conducted under Lsa
402.02 shall be postponed at the request of the licensee unless the licensee
also agrees to continue the suspension period if any pending issuance of the
board’s final decision.
(g) Copies of board
orders imposing disciplinary sanctions and copies of all settlement agreements
or consent decrees shall be sent to the licensing body of each state in which
the licensee is licensed and to such other entities, organizations,
associations, or boards as are required to be notified under applicable state
or federal law.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 402.03 Civil Penalties.
(a) Adjudicative
procedures seeking the assessment of an administrative fine shall be commenced
against any person subject to such fines or penalties under any provision of RSA
310-A when the board possesses evidence indicating that a violation has
occurred.
(b) When persons
subject to the board’s disciplinary authority are directed to pay fines in accordance
with Lsa 402.02 (d), such fines shall be assessed in
accordance with the factors stated in Lsa 402.02 (e)
and the following additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The licensee’s ability to pay a fine assessed
by the board.
(c) Administrative
fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred within the 5 years preceding the board’s notice to the respondent, the
fine assessed shall not exceed $200.00 per day or $1,000.00 per offense
whichever is greater;
(2) When a single disciplinary infraction of the
same type has occurred within the 5 years preceding the board’s notice to the
respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00 per
offense whichever is greater;
(3) When more than one disciplinary infraction of
the same type has occurred within the 5 years preceding the board’s notice to the
respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater; and
(4) In the case of continuing violations, a separate
fine shall be assessed or each day the violation continues, but the total
amount of the fine and the respondent’s promptness and cooperativeness in
ceasing the prohibited conduct in question shall be considered in assessing the
daily fines. A single course of continuing
conduct shall be treated as a single violation for purposes of Lsa 402.03 (c), (1), (2) and (3).
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 402.04
Procedures for Assessing and Collecting Fines.
(a) Payment of a fine
shall be included among the options available for settling disciplinary allegations, and shall be included among the types of
disciplinary sanctions imposed after notice and hearing.
(b) In cases where
the board initially intends to limit disciplinary sanctions to an
administrative fine, the board shall issue a “notice of apparent liability”
describing the alleged offense, stating the amount of the assessed fine, and
notifying the alleged offender that he or she shall pay or compromise the fine
by a date certain or request that an administrative hearing be held. If a hearing is requested, the notice of
apparent liability shall be withdrawn and a notice of hearing shall be issued.
In such hearings, the board’s disciplinary options shall not be limited to the
assessment of an administrative fine.
(c) Nonpayment of a
fine by a licensee or respondent in contravention of an order, agreement or
promise to pay, shall be a separate ground for discipline by the board or a
basis for denying a subsequent license or renewal application or a basis for
judicial action seeking to collect the fine.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
PART Lsa 403 CONTINUING PROFESSIONAL DEVELOPMENT
Lsa 403.01 Renewal Requirements.
(a) A renewal
application shall not be accepted for filing unless the licensee indicates on
the renewal application, and under penalty of unsworn falsification, that
he/she has completed the minimum required hours of approved professional
development hours required by 403.01 (b) and lists the specific basis for each
credit.
(b) Each licensee
shall obtain at least 30 continuing education hours of approved continuing
education courses during the biennial renewal period as a condition of license
renewal.
(c) If a licensee
exceeds the requirement, a maximum of 15 professional development hours may be
carried forward into the subsequent renewal period.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 403.02 Reinstatement. An applicant may bring an inactive license to
active status by obtaining 15 additional continuing education hour units for a
total of 45, but only upon payment of any and all outstanding renewal and reinstatement fees as specified
in Lsa 301.03.
Additional credits shall be for the current
reinstatement period only. None may be
carried over into the licensee’s subsequent biennial renewal period.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 403.03 Continuing Education Hour Requirements.
Continuing education hours shall meet
the following criteria:
(a) Continuing
education activities shall be relevant to the practice of landscape
architecture or no credit shall be awarded. Such
continuing education activities may include technical, ethical, or managerial content;
(b) The content of
each presentation shall be well organized and presented in a
sequential manner; and
(c) There shall be a
provision for individual participant course/program registration
including information required for record keeping and reporting.
Source. #8861, eff 3-28-07;
ss by #10679, eff 9-30-14
Lsa 403.04 Continuing Education Hour Credits Continuing education hours shall be credited
as follows:
(a) A maximum of 6
continuing education hours shall apply to activity on a state or
national board of licensure;
(b) Courses/programs
awarded one college semester hour of credit shall equal
45 continuing education hours based on course credit established by the college
or university;
(c) Courses/programs
awarded one college quarter hour shall equal 30 continuing education
hours;
(d) Courses/programs
awarded one continuing education unit shall equal 10 continuing education hours;
(e) Credit shall be
awarded for one hour of continuing education in course work,
seminars, or professional technical presentations made at meetings,
conventions, or conferences for each hour of attendance. Attendance at
qualifying programs presented at professional and/or technical society meetings
shall earn continuing education hour units for the actual time of
each program.
(f) Teaching or instructing
qualifying courses or seminars or making presentations at technical meetings
shall earn continuing education hours credit at twice that of participants.
Teaching credit shall be valid for teaching a course or seminar for
the first time only. Teaching credit shall not apply to full-time
faculty;
(g) Each published
landscape architecture text book shall equal 30
continuing education hours;
(h) Each published
landscape architecture paper or article shall equal 2 continuing education
hours with a maximum of 6 continuing education hours;
(i) Active participation in professional or
technical societies shall equal 2 continuing
education hours and shall require that a registrant serve as an
officer and/or actively participate in a committee of the organization.
Continuing education hour credits shall not be earned
until each year service is completed and shall be limited to 2
continuing education hours per organization;
(j) Credit awarded
for one patent shall equal 10 continuing education hours;
(k) Continuing
education credits shall not be recognized for any repeat program attended or
completed; and
(l) Active
participation as a member or alternative of a planning board, zoning board of
adjustment or conservation commission shall equal 6 continuing education hours.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 403.05 Record Keeping.
(a) The responsibility of
maintaining records to be used to support credits claimed shall be the
responsibility of the licensee.
(b) Records required shall
contain at least the following documentation:
(1) A log showing the type of activity claimed,
sponsoring organization, location, instructor’s or speaker’s name, and
continuing education hours credits earned; and
(2) Attendance verification records in the form of
completion certificates or other documents supporting evidence of attendance
such as:
a. Signed attendance receipts;
b. Paid receipts; or
c. A copy of a listing of attendees signed by a
person sponsoring the course or program or the course/program provider.
(c) The licensee
shall retain attendance verification records for a period of at least 4 years.
Such documentation shall be made
available to the board for random audit and/or verification purposes.
Documentation shall support continuing education hours claimed. Failure to
provide documentation for audit verification shall result in disciplinary
action.
(d) Not less than 5%
of the licensees shall be randomly selected each year by the board for
compliance with Lsa. 403.01.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 403.06 Exemptions. A licensee shall be exempt from the continuing
education educational requirements for any of the following reasons:
(a) A licensee
serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year
shall be exempt from obtaining the continuing education hours required during
that year; and
(b) Licensees experiencing
disability, illness, or other extenuating circumstances which would prevent the
licensee from completing the required continuing education hours shall apply in
writing to the board for specific exemption. Relevant supporting documentation
shall be furnished to the board when necessary for a fair and informed
determination by the board.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 403.07 Waiver
of Continuing Education Deadline.
(a) A licensee may
request waiver of continuing education deadlines.
(b) A waiver shall
be granted provided the waiver petition meets the following criteria:
(1) A petition requesting a
waiver shall be filed at least 30 days before the expiration of the biennial
continuing education period in question;
(2) Late filing shall be justified by a showing
of good cause that includes serious accident, illness or other circumstances
beyond the control of the licensee which actually prevents the licensee from
satisfying the continuing education requirements;
(3) Relevant supporting documentation from the
licensee’s physician or medical professional shall be furnished to the board
when necessary for a fair and informed determination by the board; and
(4) A waiver petition shall include a specific
timetable for completing specific courses, which shall meet the petitioner’s
continuing education deficiency.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 403.08 Noncompliance. Failure to submit documentation required per Lsa 403.03 which establishes
that said requirements were so completed, shall after notice and opportunity
for hearing,
result in disciplinary
action including license suspension or revocation unless a waiver petition has been
timely filed and duly granted by the board.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
CHAPTER Lsa 500 ETHICAL STANDARDS, PROFESSIONAL CONDUCT,
ADMINISTRATIVE FINES
PART Lsa 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT
Lsa 501.01 Purpose and Scope.
(a) To establish and
maintain a high standard of integrity, skills and practice in the profession of
landscape architecture, the following ethical standards/rules of professional
conduct are adopted in accordance with RSA 310-A, and
shall be binding upon every person holding a license issued by the board.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 501.02 Obligation To
Obey.
(a) The ethical
standards set forth in this part shall bind all licensees, and violation of any
such standard shall result in disciplinary sanctions.
(b) All persons
licensed under RSA 310-A shall be considered to have knowledge of the existence
of these ethical standards/rules of professional conduct, and
shall be deemed to be familiar with their several provisions. Such knowledge shall encompass the understanding
that the practice of landscape architecture is a privilege, as opposed to a
right, and the licensee shall be forthright and candid in the licensee's
statements or written response to the board or its representatives on matters
pertaining to professional conduct.
Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14
Lsa 501.03 Standards of Conduct.
(a) The licensee
shall:
(1) Not attempt to practice
in any professional field in which the licensee is not certified/registered/licensed
or competent;
(2) Undertake only work for which the licensee is
qualified by education and experience; and
(3) When serving as an
expert or technical witness before any court, commission, or other tribunal,
express an opinion only when it is founded upon adequate knowledge of the facts
in issue, upon a background of technical competence in the subject matter, and
upon honest conviction of the accuracy and propriety of the testimony.
(b) The licensee
shall:
(1) Clearly identify himself or herself, his or
her employer, and in whose interest he or she is working;
(2) Clearly define the scope of his/her
responsibility in connection with work for which the landscape architect is claiming
responsibility;
(3) Conscientiously avoid conflicts of interest
or even the appearance of such conflicts,
(4) If despite such precaution, a conflict of
interest is discovered, it shall be promptly and fully disclosed to the
client/employer and the licensee shall be prepared to act immediately to
resolve the conflict; and
(5) Disclose fully to the client any financial or
purchase interest the licensee has in the land on which he or she is working.
(c) The licensee
shall:
(1) Not knowingly issue a false statement or
false information;
(2) Advertise only in truthful manner, stating
the services the licensee is qualified and prepared to perform;
(3) Not falsify or permit misrepresentation or
exaggeration of the licensee's or the licensee's associates', academic or
professional qualifications.
(4) Not misrepresent or exaggerate the licensee's
degree of responsibility in, or for the subject matter of prior assignments;
(5) Not misrepresent pertinent facts in brochures
or other presentations incident to the solicitation of employment concerning
employers, employees, associates, joint ventures, or the licensee or their past
accomplishments with the intent and purpose of enhancing the licensee's
qualifications and work;
(6) Issue no statements,
criticisms, or arguments on landscape architecture matters which are inspired
or paid for by an interested party, or parties, unless such comments are
prefaced by explicit identification of the licensee and by disclosing the
identities of the party or parties on whose behalf the licensee is speaking;
(7) Not attempt to injure by false statement or
dishonest action either directly or indirectly, the professional reputation,
prospects, or business of another; and
(8) Be objective and truthful in all professional
reports, statements or testimony, and include only relevant and pertinent
information in such reports, statements, or testimony.
(d) The licensee
shall:
(1) Disclose fully all direct or indirect costs
or obligations of services provided, by the licensee or under the licensee’s supervision, including
hourly or daily rates and commissions;
(2) Provide complete services requested by client
or disclose clearly that such services cannot be provided;
(3) Not disclose information concerning the
affairs of the landscape architect’s client without the client's express
permission;
(4) Not accept compensation or expenses from more
than one employer/client for the same service, unless the parties involved are
informed and consent; and
(5) Not solicit or accept gratuities or referral
fees directly or indirectly, from contractors, their agents, or other parties
dealing with the licensee's client in connection with the work for which the
licensee is responsible.
(e) The licensee
shall:
(1) At all times in the performance of services,
abide by applicable federal, state and municipal laws and regulations;
(2) When asked to practice landscape architecture
which deviates from accepted professional standards, advise the client or
employer in writing in advance of the known consequences of such deviation;
(3) While in public service as a member, advisor,
or employee of a governmental body or department, not participate in
considerations or actions with respect to private landscape architecture services
provided by the licensee or by the licensee's organization;
(4) Unless the circumstances are fully disclosed
to all parties, not solicit or accept a landscape architecture contract from a
government body on which a principal or officer of the licensee's organization
serves as a member;
(5) Not contract for the completion of another
licensee's contracted work unless reasonable effort has been made to consult
with the prior licensee by letter sent via U.S. mail or
electronic mail; and
(6) Not engage in or participate in professional
or business practices of a fraudulent or dishonest nature.
(f) The licensee
shall:
(1) Cooperate with investigations and requests
for information from the board and the board’s representatives;
(2) Present information to the board of landscape
architects for action, if the licensee has evidence of unprofessional conduct
of another landscape architect provided that the licensee possesses reasonably
clear evidence that such misconduct is occurring;
(3) If she/he possesses reasonably clear evidence
that a person is practicing landscape architect without a license or otherwise
violating RSA 310-A:140-160, report said person to the board;
(4) Submit only truthful and correct information
in any application or other document filed with or statement made to the board;
(5) Inform the board of a
principal business/home address to which all official board communications should be directed, and also of all
addresses where he/she is practicing landscape architecture;
(6) Report to the board the establishment of a
business/home address or the change or abandonment of a business/home address
within 30 days; and
(7) Not engage
in or participate in professional or business practices of a fraudulent or
dishonest nature.
(g) The licensee shall:
(1) Not sell nor permit the use of a seal to
anyone, recognizing that the seal indicates the licensee’s personal responsibility for the work bearing the licensee’s seal and;
(2) Not affix a signature and/or
seal to any map or document dealing with subject matter in which the licensee
lacks competence by virtue of education and/or experience;
(3) Not affix the licensee’s signature and/or
seal to any map or document not prepared by licensee or under the licensee's
direct supervisory control;
(4) Affix seal to all plans, maps, reports
submitted for regulatory approval prepared by the licensee; and
(5) Affix his/her seal and signature to drawings
and documents depicting the work of 2 or more professionals provided he/she designates
by a note under his/her seal the specific subject matter for which he/she is
responsible.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
PART Lsa 502 VOLUNTARY LICENSE SURRENDER
Lsa 502.01 Procedure for Surrendering a License. Any person holding a license may voluntarily
surrender that license by returning it to the board accompanied by a signed
letter stating that he/she intends to surrender his/her license.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 502.02 Effect of Voluntary
License Surrender.
(a) A licensee who
voluntarily surrenders a license shall retain no right or privilege of a
(b) Non-renewal of a
license shall not preclude the board from investigating or completing a
disciplinary proceeding based upon the licensee’s professional conduct while the
license was still in effect. Nor shall surrender of a license preclude the
board from investigating disciplinary proceedings not expressly referenced in
the voluntary surrender order or settlement agreement. Such investigations and proceedings shall be
handled in the same manner as other disciplinary investigations and
proceedings.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
Lsa 502.03 Voluntary Surrender When Misconduct
Allegations are Pending.
(a) A licensee who
wishes to surrender his or her license as part of a settlement of pending misconduct
allegations shall make a written settlement offer to the board before the close
of the record in a disciplinary hearing.
(b) Any settlement
agreement reached under (a), above, shall include the following concessions:
(1) That the license surrender has occurred in
settlement of pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be fully resolved in any future application filed by the licensee in
(c) The board shall
decline to accept a settlement agreement under (a), above, if the board
believes the licensee has unreasonably declined to disclose material
information concerning the alleged misconduct or has refused to stipulate to
the truth of specific material facts concerning the alleged misconduct which
would be necessary to protect the public interest in the event the licensee subsequently
reapplies for a license.
(d) A licensee’s
stipulation of facts shall be exempt from public disclosure to the extent permitted
by RSA 91-A and if the public portion of the settlement agreement or surrender document
expressly states that a separate, confidential stipulation of facts is on file
with the board.
(e) The fact of
license surrender and the terms of any settlement agreement pertaining thereto
shall be distributed to all relevant licensing authorities and professional
societies in the same manner as a final decision containing specific finding of
professional misconduct.
Source. #8861, eff
3-28-07; ss by #10679, eff 9-30-14
APPENDIX
|
RULE |
STATUTE |
|
Lsa 101 |
RSA 310-A:140 |
|
Lsa 102 |
RSA 310-A:141 |
|
Lsa
103-104 |
RSA 310-A:142; RSA 541-A:16, I (a) |
|
Lsa
105.01 |
RSA 310-A:142; RSA 541-A:16, I (a) |
|
Lsa
105.02 |
RSA 310-A:142; RSA 541-A:16, I (a) |
|
|
|
|
Lsa
201.01 |
|
|
Lsa
201.02 |
RSA 541-A:16, I (b) |
|
|
|
|
Lsa
301.01, 301.02 |
RSA 310-A:143, I (a); RSA 310-A:146, I-IV; RSA
310-A:147; RSA 310-A:148 |
|
Lsa
301.03, 301.04 |
RSA 310-A:143, I (e); RSA 310-A:144, I-VIII |
|
Lsa
302.01 – 302.06 |
RSA 310-A:143, I (b); RSA
310-A:146 I-IV; RSA 310-A:147; RSA 310-A:148 |
|
Lsa 303.01, 303.02 |
RSA 310-A:143, I (c); RSA
310-A:151 |
|
Lsa 304 |
RSA 310-A:153 |
|
Lsa 305 |
RSA 310-A:143, I (j); RSA
310-A:152 |
|
|
|
|
Lsa 401 |
RSA 310-A:143, I (d); RSA
310-A:154 |
|
Lsa 402 |
RSA 310-A:143, I (f); RSA
310-A:155, I-II; RSA 310-A:156, I-VIII; RSA 310-A:158, I-VI |
|
Lsa 403 |
RSA 310-A:143, I (d); RSA
310-A:154 |
|
|
|
|
Lsa 501 |
RSA 310-A:143, I (f) |
|
Lsa 502 |
RSA 310-A:143, I (f) |