CHAPTER Arch 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Arch 101 PURPOSE AND SCOPE

Arch 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of licensure for architects created by RSA 310-A:29. These provisions regulate but are not limited to the licensing of architects and the practice of architecture in the state of New Hampshire.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6136, eff 12-1-95; ss by #7942, eff 8-27-03

PART Arch 102 DEFINITIONS

Arch 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

(a) "Architect" means, "architect" as defined in RSA 310-A:28, I namely "a person who, by reason of having acquired through professional education and practical experience an advanced training in building construction and architectural design and an extensive knowledge of building standards created to safeguard the public from hazards such as fire, panic, structural failure, and unsanitary conditions, is technically and legally qualified to practice architecture and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of architecture";

(b) "Architecture" means "architecture" as defined in RSA 310-A:28, II namely "any professional service or creative work requiring the application of advanced knowledge of architectural design, building construction and standards, and involving the constant exercise of discretion and judgment in such activities as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection with any public or private buildings, wherein the safeguarding of life, health or property is concerned";

(d) “Architect retired” means a person who has been licensed as an architect by the board and who chooses to relinquish or not to renew a license and who applies for the honorary status of architect, retired.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6136, eff 12-1-95; ss by #7942, eff 8-27-03; amd by #9875, eff 3-1-11; ss by #13769, eff 10-7-23

PART Arch 103 BOARD ORGANIZATION

Arch 103.01 Duties and Responsibilities. The board shall administer the provisions of RSA 310-A:28-52 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 architecture in this state.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6136, eff 12-1-95; ss by #7942, eff 8-27-03

Arch 103.02 Composition of the Board. Pursuant to RSA 310-A:29, I the board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:29, I, II or both.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6136, eff 12-1-95; ss by #7942, eff 8-27-03

Arch 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. #7942, eff 8-27-03

Arch 103.04 Organization. The board shall hold at least 3 regular meetings each year and special meetings at such times as necessary. The board shall biennially elect or appoint a chairperson and vice-chairperson.

Source. #7942, eff 8-27-03; ss by #7942, eff 8-27-03; ss by #13769, eff 10-7-23 (formerly Arch 103.05)

Arch 103.05 Seal. The seal of the board shall be an embossed circular seal consisting of an outer circle and an inner circle. Between the outer and inner circle shall be the words “Office of Professional Licensure and Certification” and “N.H. Boards, Counsels, and Commissions”. Inside the inner circle shall be an outline of the state of New Hampshire and the letters “OPLC”.

Source. #7942, eff 8-27-03; ss by #7942, eff 8-27-03; ss by 13769, eff 10-7-23 (formerly Arch 103.04)

Arch 103.06 Office Hours, Office Location, Mailing Address and Telephone.

(a) The board’s office shall be located at the Office of Professional Licensure and Certification, 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:

Office of Professional Licensure and Certification

7 Eagle Square

Concord, N.H. 03301

Source. #7942, eff 8-27-03; ss by #13271, eff 10-2-21; renumbered by 13769 (formerly Arch 103.07)

PART Arch 104 PUBLIC INFORMATION

Arch 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 5 days from the close the meeting or vote in questions.

Source. #6378, eff 11-22-96; ss by #7942, eff 8-27-03; ss by #13769, eff 10-7-23

Arch 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. #7942, eff 8-27-03; ss by #13769, eff 10-7-23

PART Arch 105 MEETINGS, DELIBERATIONS AND DECISIONS

Arch 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. Notice of meetings shall be posted in 2 conspicuous places, one of which shall be the board’s website.

Source. #7942, eff 8-27-03; ss by #13271, eff 10-2-21

Arch 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. #7942, eff 8-27-03; ss by #13769, eff 10-7-23

PART Arch 106 APPOINTMENT OF COMMITTEES

Arch 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. #7942, eff 8-27-03

CHAPTER Arch 200 RULES OF PRACTICE AND PROCEDURE

REVISION NOTE:

Document #13768, effective 12-5-23, repealed Part Arch 201 through Part Arch 216 in Chapter Arch 200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13768 also adopted a new Part Arch 201 titled “Applicability and Waiver of Substantive Rules”, containing Arch 201.01 titled “Rules of Practice and Procedure” and Arch 201.02 titled “Waiver of Administrative Rules.”

Document #13768 replaces all prior filings affecting the rules in the former Chapter Arch 200. The prior filings included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#6153, eff 12-27-95

#7943-A, eff 8-27-03

#7943-B, eff 8-27-03, EXPIRED: 8-27-11 (Arch 217 only)

#10086, eff 2-1-12, EXPIRED: 2-1-20 (Arch 217 only)

#13271, eff 10-2-21

As practice and procedure rules, the rules in Document #13768 will not expire except pursuant to RSA 541-A:17, II.

PART Arch 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Arch 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 disciplinary proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) Explanation of adopted rules; and

(g) Voluntary surrender of licenses.

Source. (See Revision Note at chapter heading for Arch 200) #13768, eff 12-5-23

Arch 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 RSA 310-A:28 through RSA 310-A:52.

(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.

(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) Would enforcement of the rule injure a third person(s); and

(4) Would waiver of the rule 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 documents to determine granting or denying the waiver shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or document the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date that 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 Arch 200) #13768, eff 12-5-23

CHAPTER Arch 300 LICENSURE REQUIREMENTS

PART Arch 301 APPLICATION REQUIREMENTS

Arch 301.01 Application Process.

(a) Each person wishing to become licensed as an architect shall submit the following:

(1) An “Application for Initial New Hampshire Licensure as an Architect” form revised 2/2022 which contains the information specified in Arch 301.02;

(2) The certified copy of transcripts from all post-secondary institutions attended, as described in Arch 301.02(b)(4)c., if applying directly from another state and without NCARB certification;

(3) The references, as specified in Arch 301.03 and Arch 301.04, if applying directly from another state and without National Council of Architectural Registration Boards (NCARB) certification;

(4) License verification, if applying direct from state and without NCARB certification; and

(5) The application fee as specified in Arch 305.02.

(b) An application for licensure, which is not signed by the applicant, or is not accompanied by a certified check, money order, or credit card payment for the application fee shall not be accepted and shall be returned to the applicant.

(c) A person whose qualifications for licensure do not meet the requirements specified in RSA 310-A:38 shall be denied a license.

(d) If the application for licensure is denied, the applicant shall be provided an opportunity to request a hearing on the deficiency issues identified by the board in the same manner as for motions for rehearing pursuant to Arch 213. Any such request shall be made in writing and submitted to the board within 30 days of the receipt of the notification of denial.

(e) Applications for licensure, when there has been no communication by the applicant to the board for at least one year, shall be destroyed.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #13362, eff 4-6-22

Arch 301.02 Application for Licensure.

(a) Each applicant for licensure shall complete the “Application for Initial New Hampshire Licensure as an Architect,” form, revised 2/2022. NCARB certificate and record holders shall complete sections 1, 2, 3, 5, and 8 only. All others shall complete the entire form.

(b) The following information shall be provided on the form:

(1) Section 1, “Applicants General Information,” which includes:

a. How the applicant is applying for licensure by checking one of the following:

1. NCARB certification/Record; or

2. Direct to state by reciprocity;

b. Full legal name, including any names previously used;

c. Home mailing address, telephone number, and e-mail address;

d. Date of birth;

e. Social security number required pursuant to RSA 161- B:11, VI-a; and

f. Name of place of employment, address, and phone number;

(2) Section 2, “Registration/Licensure Information,” which includes:

a. Whether the applicant has ever taken the Architectural Registration Examination (ARE), and if so, the location, and date completed;

b. The state in which the applicant was first registered or licensed as an architect, if any, including:

1. The date of licensure in that jurisdiction;

2. The applicant’s license number in that jurisdiction; and

3. Whether the applicant was licensed by the ARE, or, if not, how the applicant was licensed;

c. Whether the applicant still holds the registration or license listed in (b)(2)b. above and if not, the reasons why;

d. Whether the applicant has ever applied for an architect’s license in New Hampshire and, if so, the status; and

e. Whether the applicant is applying for facilitated licensure as a military spouse;

(3) Section 3, “General Information Questions,” which includes:

a. Whether the applicant has ever been convicted of any felony or any misdemeanor, or a violation involving architecture or the practice of architecture which was not annulled, and if so, the name of the court, the details of the offense, the date of conviction, and the sentence imposed;

b. Whether the applicant has ever lost or been denied registration or licensure as an architect or been disciplined or sanctioned by another licensing board in any other state or jurisdiction if so, an explanation of the circumstances;

c. Whether the applicant has ever held a NCARB certificate, and if so, whether the candidate has requested the NCARB certificate be transmitted to the board office and the date the transmission was requested;

d. Whether the applicant has completed the Architectural Experience Program (AXP), and if so, the date completed, AXP number if applicable, and the date the candidate has requested the AXP record be transmitted to the board office; and

(4) Section 4, “Education,” regarding the applicant’s educational history, including:

a. Whether or not the applicant has obtained their high school diploma or equivalency.

b. The names of all post-secondary institutions attended;

c. The dates of attendance, major and degrees awarded; and

d. Certified copies of transcripts from all post-secondary institutions where architectural credit was obtained. If the applicant for licensure is a graduate of a non-United States or Canadian institution, the applicant shall have his or her transcripts sent directly from the institution to NCARB. The applicant shall request translation and authentication be sent from NCARB directly to the board office for evaluation by the board;

(5) Section 5, 5 individuals to be the applicants “References of Character and Qualifications,” which shall include:

a. The names of the references;

b. A complete addresses for each reference;

c. A phone for each reference;

d. The occupation of each reference; and

e. Business relationship with the applicant as specified in Arch 301.03;

(6) Section 6, “Practical Experience,” which includes:

a. The applicant’s dates of employment, character of employment, title, and present address of all employers;

b. The applicant’s position title and description of duties for each position including types of work performed and degree of responsibility; and

c. Name and present address of someone familiar with each position listed in (b)(6)b. above;

(7) Section 7, “Supplementary Experience Record,” which includes a supplementary experience record of the architectural projects or assignments the applicant was involved in, including the following information:

a. A brief description and identification of the project or assignment by job title, location, and total cost;

b. An indication as to which of the employers listed in (6) above for which the project or assignment was undertaken; and

c. An identification as what portion of the work the applicant was personally responsible for; and

(8) Section 9, “Affidavits”, which includes:

a. An affidavit stating the following: “I have read the contents hereof and clearly understand that the correctness and truth of my statements as recorded in the application are material, not only to the issuance of the certificate of licensure, as applied for, but also to the retention of said certificate, if issued;” and

b. The applicant’s signature and date.

Readopt with amendments Arch 301.04, effective 8-5-15 (Document #10904), to read as follows:

Arch 301.04 Information from References.

(a) The person providing the reference shall complete the “Professional Reference Form” revised 2/2022.

(b) A completed Reference Form shall only be submitted with a completed Initial Licensure Application Form and not separately.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #13362, eff 4-6-22

Arch 301.03 References Required. Each applicant for licensure shall provide the board with the names and addresses of not fewer than 5 individuals, not related to the applicant, as references. At least 3 shall be licensed architects having detailed knowledge of the applicant's architecture experience. The board shall contact any individuals, companies, or institutions whose names appear in any part of the completed application, if information submitted is unclear.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by 10904, eff 8-5-15

Arch 301.04 Information from References.

(a) The person providing the reference shall be requested to provide the following on a form supplied by the board:

(1) The applicant’s name;

(2) The reference’s name and address, relationship to the applicant, status as an architect as defined by RSA 310-A:28, I;

(3) A brief description of the reference’s knowledge of the applicant’s qualifications in the practice of architecture; and

(4) Signature of reference and date.

(b) No reference form shall be accepted except submissions made directly to the board by the person completing the form.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by 10904, eff 8-5-15

PART Arch 302 QUALIFICATIONS

Arch 302.01 Candidate Requirements.

(a) Candidates for the architectural registration exam (ARE) shall meet one of the following requirements:

(1) Hold a professional degree from a school whose curriculum has been accredited by the National Architectural Accrediting Board (NAAB);

(2) Be a student actively participating in a NCARB accepted Integrated Path to Architectural Licensure (IPAL) option within a NAAB accredited professional degree program in architecture; or

(3) Have met the education and experience requirements outlined in Arch 302.01 (b) (2) or (3).

(b) Qualifications for licensure shall be determined as follows:

(1) Candidates possessing National Architectural Accrediting Board (NAAB) or Canadian Architectural Certification Board (CACB) accredited professional degree in architecture shall have at least 3 years’ architectural experience and shall document completion of the NCARB Architectural Experience Program (AXP) in accordance with the NCARB Certification Guidelines July 2018 edition as specified in Appendix B;

(2) Candidates possessing a 4 year pre-professional degree in architecture shall have at least 7 years’ architectural experience and shall document completion of the NCARB Architectural Experience Program (AXP) in accordance with the NCARB Certification Guidelines July 2018edition as specified in Appendix B;

(3) Candidates possessing no degree shall have at least 13 years’ architectural experience and shall document completion of the NCARB Architectural Experience Program (AXP) in accordance with the NCARB Certification Guidelines July 2018 edition as specified in Appendix B; and

(4) The candidate shall take the ARE prepared by NCARB and achieve a passing score.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7155, eff 12-14-99; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19

Arch 302.02 Education and Training Standards. The board shall evaluate the candidates using the NCARB Certification Guidelines July 2021 edition as specified in Appendix B and NCARB Education Guidelines January 2021 edition as specified in Appendix B. All candidates for licensure shall have completed the training requirements of the Architectural Experience Program (AXP) through NCARB or have met the minimum requirements for NCARB certification pursuant to the NCARB Certification Guidelines July 2021 edition as specified in Appendix B. Applicants applying direct to the board who have received their license after July 1, 1996 from their original state of licensure shall have completed the IDP or AXP and received the record from NCARB.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7155, eff 12-14-99; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #13362, eff 4-6-22

PART Arch 303 EXAMINATIONS

Arch 303.01 Examinations. All candidates for licensure shall have successfully passed all divisions of the National Council of Architectural Registration Boards (NCARB) architectural registration examination (ARE).

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #6439, eff 1-23-97; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19

PART Arch 304 RECIPROCITY

Arch 304.01 Reciprocity.

(a) Candidates for licensure who are licensed or registered in another state, provided that the other state’s licensure or registration requirements are consistent with Arch 302.01, the NCARB Certification Guidelines July 2021 edition as specified in Appendix B, and NCARB Education Guidelines January 2021 edition as specified in Appendix B, shall apply to the board for licensure on an application for licensure form as specified in Arch 301.02 and pay the fee set forth in Arch 305.02.

(b) Verification of licensure and examination shall be obtained by the candidate for licensure and submitted to the board by the applicant at the time of submitting the application.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19; ss by #13362, eff 4-6-22

PART Arch 305 APPLICATION/EXAMINATION/LICENSURE FEES

Arch 305.01 Application, Examination and Licensure Fees.

(a) Application and licensure fees shall be in the form of money order, bank draft, credit card, or check made payable to Treasurer, State of New Hampshire.

(b) The examination fees shall be paid by the applicant directly to the test administrator.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #13362, eff 4-6-22

Arch 305.02 Application and Licensure Fees. The application, licensure, and related fees shall be as follows:

(a) The application fee for licensure shall be $155.00;

(b) The biennial renewal fee shall be $155.00;

(d) The application fee for certificate of authorization for architect business organizations shall be $77.50 per year; and

(e) The biennial fee for retired status shall be $77.50.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9876, eff 3-1-11; ss by #10904, eff 8-5-15; ss by #13362, eff 4-6-22

Arch 305.03 Reserved

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; rpld by #13362, eff 4-6-22

PART Arch 306 CREDENTIALS

Arch 306.01 License. An applicant for licensure as an architect, who has met all the requirements of RSA 310-A and these rules 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 architecture that shall show the name of the licensee, shall have a serial number, and shall be sealed and signed by the members of the board.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 306.02 Pocket Cards. The board shall issue a pocket card upon receipt of the biennial renewal form and fee. The card shall certify that the architect holds a license in good standing and is authorized to practice architecture to the date of expiration as shown on the card.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 306.03 Licensed Architect Seal/Stamp.

(a) Upon issuance of an initial license to an applicant as a licensed architect, the licensee shall acquire an impression type seal or rubber stamp of the design specified by these rules. This seal shall bear the licensee's name and number as shown on the license. This seal, signature of the licensee and date shall be affixed on all papers or documents involving the practice of architecture prepared by the licensee issued or filed for public record.

(b) The seal shall consist of 2 concentric circles with the outer circle having a diameter 1-9/16 inches and the inner circle diameter 15/16 of an inch. In the space between the circles at the top shall be the words "Licensed Architect" and at the bottom shall be the words "The State of New Hampshire." In the space inside the inner circle shall be the full name of the licensee and the license number written horizontally.

Figure 3.1 Seal/Stamp

Seal

(d) It shall be a violation of these rules for the licensee to stamp or seal any documents with their seal after the license has expired, been revoked or suspended or after the licensee has chosen retired status. It shall

be a violation of these rules for the licensee to stamp or seal any documents not prepared by him or her personally or under his/her direct supervision.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9876, eff 3-1-11; ss by #10904, eff 8-5-15

PART Arch 307 ARCHITECT CERTIFICATES FOR BUSINESS ORGANIZATIONS

Arch 307.01 Business Organization Certificate Requirements.

(a) Business organizations offering architectural services in New Hampshire shall meet the requirements established pursuant to RSA 310-A:42-a.

(b) Persons designated as being responsible for the architectural activities of the business organization shall:

(1) Be licensed as an architect in this state; and

(2) Be employed exclusively by the business organization a minimum of 37.5 hours per week, except in the case of a business organization solely owned by a licensed architect.

(c) Applicants for a certificate of authorization for a business organization shall provide, or cause to be provided, the following on a form entitled “Application for Certificate of Authorization (COA) for the Practice of Architecture,” dated May 2019:

(1) The firm name, including any names previously used;

(2) Certificate of authorization number for renewal applicants;

(3) Whether the application is new or a renewal;

(4) The applicant’s business addresses and telephone numbers;

(5) Names and addresses of corporate officers or partners;

(6) Names and addresses of person(s) responsible for architectural activities and decisions;

(7) NH license number, and status of person(s) responsible for architectural activities and decisions;

(8) Whether the person(s) responsible for architectural activities and decisions is employed part-time or full-time;

(9) Name and e-mail address of contact person for the firm;

(10) A statement acknowledging that the applicant has provided correct and true statements in the application; and

(11) Applicant’s signature and date.

(d) Applicants shall pay the application fee specified in Arch 305.02.

Source. #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19

PART Arch 308 FACILITATED LICENSING FOR MILITARY SPOUSES

Arch 308.01 Licensing for Active Duty Military Spouses.

(a) Each applicant for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the board for licensure on an application for licensure form as specified in Arch 301.02 and pay the fee set forth in Arch 305.02.

(b) Each applicant for facilitated licensing as a military spouse shall provide a copy of the military member’s orders showing proof of active duty status.

(c) Each applicant who applies for facilitated licensing as a military spouse shall be eligible to obtain a facilitated license if the military spouse is licensed or registered in another state or jurisdiction, provided that the other state’s or jurisdiction’s licensure or registration requirements are consistent with Arch 302.01, NCARB Certification Guidelines July 2021 edition as specified in Appendix B and NCARB Education Guidelines January 2021 edition as specified in Appendix B.

(d) License verification, if applying direct from state and without NCARB certification.

(e) A military spouse who obtains a facilitated license shall comply with all license renewal requirements pursuant to Arch 403.01.

Source. #10904, eff 8-5-15; ss by #12847, eff 8-14-19’ ss by #13362, eff 13362, eff 4-6-22

CHAPTER Arch 400 CONTINUED STATUS

PART Arch 401 RENEWAL OF LICENSE

Arch 401.01 Expirations and Renewals. Pursuant to RSA 310-A:46, 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 architect at least 2 months prior to expiration of his/her license.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #6409, eff 12-25-96; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 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 Arch 305.02 (f); and

Source. #6409, eff 12-25-96; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 401.03 Renewal Application. The applicant shall supply the following on a form entitled “NH Architect License Renewal Form,” dated May 2019:

(a) The applicant’s full name;

(b) The applicant’s business name and address and telephone number;

(d) The applicant’s e-mail address;

(e) The applicant’s license number and expiration date;

(f) The renewal amount due;

(g) A statement describing any disciplinary, sanctions or legal action brought against the applicant for his or her services as an architect not previously reported;

(h) A statement indicating that the applicant has adhered to the ethical and professional standards of Arch 500;

(i) Acknowledgment that the provision of materially false information in the application recklessly provided is a basis for denial and for disciplinary action by the board;

(j) A statement indicating that the applicant has complied with the continuing education requirements of Arch 403; and

(k) The applicant’s signature and date.

Source. #6409, eff 12-25-96; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19

Arch 401.04 Denial of Renewal.

(a) Renewal shall be denied if, after notice and an opportunity for hearing, there is a finding of:

(1) Any unethical act for which discipline shall be imposed under Arch 500;

(2) Reasons for which an initial application would have been denied;

(3) Failure to furnish complete or materially accurate information on a renewal license application;

(4) Failure to file a renewal application within 12 months of license expiration; or

(5) Noncompliance with the continuing education requirements of Arch 403.

(b) The board shall notify the applicant of any deficiencies in the renewal application within 60 days of receipt. Failure to remedy the deficiencies within 60 days thereafter shall result in denial of the renewal application. An application shall be considered complete when all deficiencies are corrected.

Source. #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd by #9646, eff 4-1-10; ss by #10904, eff 8-5-15

Arch 401.05 Reinstatement. An architect whose license to practice architecture in this state has been allowed to lapse for a period of 30 days or more shall:

(a) Submit to the board the “Application for Reinstatement of Licensure as an Architect,” dated 2/2022, that includes the following:

(1) The applicant’s full name, including any names previously used, and date of birth;

(2) The applicant’s home mailing address, telephone number, and e-mail address;

(3) The applicant’s employers name, address, and telephone number;

(4) Whether the applicant has ever been convicted of any felony or any misdemeanor, or a violation involving architecture or the practice of architecture, which has not been annulled or previously reported, and if so, the name of the court, the details of the offense, the date of conviction, and the sentence imposed;

(5) Whether the applicant has lost or been denied registration or licensure as an architect or disciplined or sanctioned by another licensing board, which has not been previously reported, in any other state and if so, an explanation of the circumstances;

(6) A statement attesting that the applicant has completed the minimum units required of approved continuing education, as specified in Arch 403.08;

(7) The names, complete addresses, occupation, and business relationship with applicant of 3 references from licensed architects as defined by RSA 310-A:28, I;

(8) The applicant’s signature and date of signature below the following statement:

“I have read the contents hereof and clearly understand that the correctness and truth of my statements as recorded in this application are material, not only to the issuance of the certificate of licensure, as applied for, but also to retention of said certificate if issued.”;

(b) A completed Reference Form shall only be submitted with a completed Application for Reinstatement of Licensure as an Architect and not separately; and

Source. #9097, eff 2-29-08; amd by #9876, eff 3-1-11; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-18; ss by #13362, eff 4-6-22

Arch 401.06 Active Duty Military Inactive Status.

(a) The board shall place an architect on inactive status pursuant to RSA 332-G:7, II upon receipt of:

(1) A written request; and

(2) Proof of active duty service in the Armed Forces of the United States.

(b) The board shall return an architect to active status upon receipt of:

(1) Payment of the renewal fee;

(2) Proof of completion of the continuing education requirements pursuant to Arch 403; and

(3) Proof that the licensee has not been discharged from service in the Armed Forces of the United States for more than one year.

Source. #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 401.07 Certificate of Authorization Renewal. Certification of authorization for the practice of architecture shall expire on December 31 each year. A renewal notification shall be sent to all certified business organizations at least one month prior to expiration.

Source. #10904, eff 8-5-15

Arch 401.08 Denial of Reinstatement. Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Any unethical act for which discipline shall be imposed under Arch 500;

(b) Reasons for which an initial application could be denied; or

Source. #10904, eff 8-5-15

PART Arch 402 DISCIPLINARY MATTERS

Arch 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. #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 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 New Hampshire.

(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:47.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:47 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.

(g) No hearing date established in a proceeding conducted under Arch 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.

(h) 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. #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 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 Arch 402.02 (d), such fines shall be assessed in accordance with the factors stated in Arch 402.02 (e) and (f) 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.

(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 for 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 Arch 402.03 (c), (1), (2) and (3).

Source. #10904, eff 8-5-15

Arch 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. #10904, eff 8-5-15

PART Arch 403 CONTINUING EDUCATION

Arch 403.01 Renewal Requirements.

(a) Continuing education units shall be earned pursuant to RSA 310-A:46-a.

(b) 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 or she has completed the minimum required units of approved education required by Arch 403.01 (c).

(c) Each licensee shall obtain at least 12 units of continuing education each year in the areas of health, safety, and welfare as a condition of biennial license renewal.

(d) If a licensee exceeds the requirement, a maximum of 12 continuing education units may be carried forward into the subsequent renewal period.

Source. #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19

Arch 403.02 Continuing Education Unit Requirements. Continuing education units shall meet the following criteria:

(a) Continuing education activities shall be relevant to the practice of architecture or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content;

(b) There is a provision for individual participant course or program registration including information required for record keeping and reporting; and

(c) Self-directed learning activities shall include a written instrument which tests the licensee’s comprehension of the content of that course or program.

Source. #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19

Arch 403.03 Continuing Education Units. Continuing education units shall be credited as follows:

(a) Four continuing education units shall apply to activity on a state or national board of licensure;

(b) Courses or programs awarded one college semester hour of credit shall equal 15 continuing education units based on course credit established by the college or university;

(d) Courses or programs awarded one continuing education unit shall equal 10 continuing education hours;

(e) Credit shall be awarded for one unit 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 or technical society meetings shall earn continuing education credit for the actual time of each program;

(f) Active participation in professional or technical societies shall equal 2 continuing education units and shall require that a licensee serve as an officer or actively participate in a committee of the organization. Continuing education units shall not be earned until each year of service is completed and shall be limited to 2 continuing education units per organization; and

(g) Continuing education units shall not be recognized for any repeat program attended or completed.

Source. #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19

Arch 403.04 Record Keeping.

(a) The licensee shall maintain records to be used to support continuing education units claimed.

(b) Records required shall contain attendance verification records in the form of either:

(1) Certificates of attendance; or

(2) Completed continuing education transcripts from a professional society or institution.

(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 verification purposes. Documentation shall support continuing education units 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 Arch. 403.01.

Source. #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #13362, eff 4-6-22

Arch 403.05 Exemption. A licensee shall be exempt from the continuing education requirements for 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.

Source. #9646, eff 4-1-10; ss by #10904, eff 8-5-15

Arch 403.06 Waiver of Professional Development Units Deadline. A licensee may request waiver of continuing education units deadlines, as follows:

(a) A petition requesting a waiver shall be filed at least 30 days before the expiration of the biennial continuing education period in question;

(b) 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;

(c) 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

(d) A waiver petition shall include a specific timetable for completing specific courses, which will meet the petitioner’s continuing education unit deficiency.

Source. #9646, eff 4-1-10; ss by #10904, eff 8-5-15

Arch 403.07 Noncompliance. Failure to submit documentation required per Arch 403.04 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. #9646, eff 4-1-10; ss by #10904, eff 8-5-15

Arch 403.08 Requirements for Reciprocity. Licensees who are residents of jurisdictions other than New Hampshire that have equivalent or higher standards than New Hampshire shall meet the continuing professional development or equivalent requirements of their resident jurisdiction. The requirements for the state of New Hampshire shall be satisfied when a non-resident licensee provides evidence of having met the requirements of their resident jurisdiction. If licensees reside in a jurisdiction that has lesser continuing professional development requirement, the licensee shall provide evidence of having met the greater requirements of the state of New Hampshire.

Source. #12847, eff 8-14-19

Arch 403.09 Continuing Education Requirements for Reinstatement.

(a) A reinstatement application shall not be accepted for filing unless the licensee indicates on the reinstatement application, and under penalty of unsworn falsification, that he or she has completed the minimum units required of approved education required by (b) below.

(b) Each reinstatement applicant shall attest that the applicant has completed at least 24 units of continuing education in the areas of health, safety, and welfare as a condition of reinstatement, completed within the 24 months prior to reinstatement submission.

Source. #13362, eff 4-6-22

CHAPTER Arch 500 ETHICAL STANDARDS AND LICENSE SURRENDER

PART Arch 501 ETHICAL STANDARDS

Arch 501.01 Purpose and Scope.

(a) In order to safeguard the life, health, property and welfare of the public and to establish and maintain a high standard of integrity in the professional practice of architecture the following rules of professional conduct have been adopted in accordance with RSA 310-A.

(b) These rules shall be binding upon every person holding a license or as a candidate for licensure as an architect in this state.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 501.02 Obligation To Obey.

(a) Violation of these ethical standards shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as an architect in this state, or during a prior period of licensure, shall result in denying a license application.

(b) All persons licensed under RSA 310-A shall be considered to have knowledge of the existence of these 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 the profession of architecture is a privilege, as opposed to a right, and the licensed architect 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.

(c) Licensees shall submit only truthful and correct information in any application or other document filed with or statement made to the board.

(d) Licensees shall inform the board of a principle business/home address to which all official board communications should be directed, and also of all addresses where he/she is practicing.

(e) The establishment of a business/home address or the change or abandonment of a business or home address shall be reported by the licensee to the board within 30 days.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 501.03 Ethical Requirements For Architects. The licensed architect shall:

(a) Hold paramount the safety, health and welfare of the public;

(b) Perform his/her services only in areas of his/her competence;

(d) Act for each employer or client as faithful agents or trustees;

(e) Not engage in deceptive acts;

(f) Conduct himself/herself honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

(g) Not affix his/her signature or seal to any plan or document dealing with subject matter for which he/she lacks competence by virtue of education or experience;

(h) Not affix his/her signature or seal to any plan or document not prepared under his/her direct supervisory control, however he/she may 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;

(i) Exercise direct supervisory control, responsible charge which requires a licensee or employee to carry out all client contracts, provide internal and external financial control, oversee employee training and exercise control and supervision over all jobs requirements to include research, planning, design, field supervision and work product review; and

(j) When performing professional services, take into account all applicable state and municipal regulations;

(k) Compete for employment on the basis of professional qualification and competence to perform the work;

(l) Be objective and truthful in all professional reports, statements or testimony, and include all relevant and pertinent information in such reports, statements or testimony;

(m) When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert 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 of his/her testimony;

(n) Issue no statements, criticisms, or arguments on architectural issues connected with public policy which are influenced or paid for by an interested party, or parties, unless he/she has prefaced his/her comment by explicitly identifying him/herself by disclosing the identities of the party or parties on whose behalf he/she is speaking, and by revealing the existence of any pecuniary interest he/she has in the instant matters;

(o) Not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of another architect;

(p) If he/she believes that another licensed architect has committed misconduct or illegal practice, present such information to the board;

(q) Avoid conflicts of interest;

(r) Promptly inform his or her employer or client of any business associations, interests, or circumstances, which could influence his/her judgment, or the quality of his/her services;

(s) Not accept anything of value from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

(t) Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

(u) Not solicit or accept financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties dealing with his/her client or employer in connection with work for which he/she is responsible;

(v) When in public service as a member, advisor, or employee of a governmental body, not participate in considerations or actions with respect to services provided by him/her or his/her organization in the private practice of the profession of architecture;

(w) Not solicit or accept an architectural contract from a governmental body on which a principal or officer of his/her organization serves as a member;

(x) Not attempt to supplant another architect in a particular employment after becoming aware that the other has been selected for employment;

(y) When serving in a public capacity, not accept payment or gifts which appear to or might influence his or her judgment;

(z) Not offer to pay, either directly or indirectly any commission, political contribution, gift or other consideration in order to secure work, exclusive of securing salaried positions thorough employment agencies;

(aa) Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive or unfair statement or claim regarding the cost, quality or extent of services to be rendered;

(ab) Not falsify or permit misrepresentation of his/her, or his/her associates’ academic or professional qualifications, or misrepresent his/her degree of responsibility in or for the subject matter of prior assignments;

(ac) Not distribute brochures or other presentations incident to the solicitation of employment which misrepresents pertinent facts concerning employers, employees, associates, joint ventures, or his/her or their past accomplishments with the intent and purpose of enhancing his/her qualifications and his/her work;

(ad) Perform his/her services in an ethical and lawful manner;

(ae) Not knowingly associate with or permit the use of his/her name in a business venture by any person or firm which he/she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(af) If, in the course of work on a project, the licensed architect becomes aware of a decision taken by their employer or client which violates any law or regulation and which will, in his or her judgment, materially affect adversely the safety to the public of the finished project he or she shall:

(1) Advise their employer or client against the decision;

(2) Refuse to consent to the decision; and

(3) Report the decision to the local building inspector or code enforcement official charged with the enforcement of the applicable law and regulations, unless the matter is satisfactorily resolved by other means.

(ag) If he/she has knowledge or reason to believe that another licensed architect might be in violation of any of these provisions or provisions of RSA 310-A, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

(ah) Cooperate with investigations and requests for information from the board and the board’s representatives.

Source. #3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

PART Arch 502 VOLUNTARY LICENSE SURRENDER

Arch 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. #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 502.02 Effect of Voluntary License Surrender.

(a) A licensee who surrenders a license shall retain no right or privilege of a New Hampshire licensee. A person who reapplies for licensure in New Hampshire after a voluntary surrender shall have the burden of proving compliance with all of the requirements then in effect for new applicants and professional character requirements.

(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. Surrender of a license shall not 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. #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Arch 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 prior to any future application filed by the licensee in New Hampshire.

(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 the 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. #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15

Appendix A

State and Federal Statutes/Regulations Implemented

Rule	Statute(s) Implemented

Arch 101	RSA 310-A:29
Arch 102	RSA 541-A:5
Arch 102.01 intro & (e)	RSA 310-A:32, I, (1)
Arch 103.04	RSA 310-A:29
Arch 103.05	RSA 310-A:32
Arch 104.01	RSA 310-A:29; RSA 91-A
Arch 104.02	RSA 310-A:32
Arch 105.01	RSA 310-A:29; RSA 541-A:16, I(a)
Arch 105.02	RSA 310-A:29

Arch 201.01	RSA 541-A:16, I(b) intro.
Arch 201.02	RSA 541-A:16, I(b) intro.

Arch 301.01 and 301.02	RSA 310-A:32, I(a); RSA 310-A:38, I-III; RSA 310-A:39; RSA 310-A:42
Arch 301.03 - 301.03	RSA 310-A:32, I(a)(b)
Arch 301.04	RSA 310-A:32, I(a) and (b)
Arch 302.01 - 302.02	RSA 310-A:32, I(b); RSA 310-A:38; RSA 310-A:39; RSA 310-A:40
Arch 303	RSA 310-A:43
Arch 303.01	RSA 310-A:32, I(c); RSA 310-A:43
Arch 304	RSA 310-A:45
Arch 304.01	RSA 310-A:32, I(b); RSA 310-A:45
Arch 305.01 and 305.02	RSA 310-A:32, I(e); RSA 310-A:33
Arch 305.02 intro. & (j)	RSA 310-A:32, I (l), RSA 310-A:33
Arch 306	RSA 310-A:44
Arch 306.01 - 306.03	RSA 310-A:32, I(i); RSA 310-A:44
Arch 306.03 (d)	RSA 310-A:32, I (l) (i) RSA 310-A:44
Arch 307.01	RSA 310-A:32, I(k); RSA 310-A:42-a
Arch 308	RSA 332-G:7

Arch 400	RSA 310-A:46
Arch 401.01 - 401.06	RSA 310-A:32 , I(d); RSA 310-A:46
Arch 401.03 (f)-(h)	RSA 310-A:32, I (d), RSA 310-A:46, RSA 310-A:46-a
Arch 401.04 (a) (5)	RSA 310-A:32, I (d), RSA 310-A:46, RSA 310-A:46-a
Arch 401.05	RSA 310-A:32 , I(d); RSA 310-A:46
Arch 401.05 intro. & (a) (8)	RSA 310-A:32, I (d), RSA 310-A:46-a
Arch 402.01 - 401.02	RSA 310-A:32, I(f); RSA 310-A:47; RSA 310-A:48
Arch 403.01 - 403.03	RSA 310-A:32, I (d), RSA 310-A:46, RSA 310-A:46-a
Arch 403.04 – 404.07	RSA 310-A:32, I (d), RSA 310-A:46, RSA 310-A:46-a
Arch 403.08	RSA 310-A:32, I (d), RSA 310-A:46, RSA 310-A:46-a RSA 310-A:45
Arch 403.09	RSA 310-A:32, I (d)

Arch 500	RSA 310-A:47; RSA 310-A:32, I(f)
Arch 501.02	RSA 310-A:32, I(f);
Arch 502	RSA 310-A:32, I(f)

APPENDIX B

INCORPORATION BY REFERENCE INFORMATION

Rule

Title

Obtain at

Arch 302.02

Arch 304.01(c)

Arch 308.01 (c)

NCARB Education Guidelines January 2021 Edition

National Council of Architectural Registration Boards

1801 K Street NW Suite 700K

Washington, DC, 20006

Phone: 202/879-0520

Fax: 202/783-0290

Available Free On-line at:

https://www.ncarb.org/sites/default/files/Main%20 Website/Data%20&%20Resources/Guidelines/EducationGuidelines.pdf

Arch 302.01 (b) (1), (2), and (3)

Arch 302.02

Arch 304.01(a)

Arch 308.01(c)

NCARB Certification Guidelines January 2017

July 2018

National Council of Architectural Registration Boards
1801 K Street NW Suite 700K
Washington, DC, 20006

Phone: 202/879-0520

Fax: 202/783-0290
Available Free On-line at:

https://www.ncarb.org/sites/default/files/Certification_Guidelines.pdf

Arch 302.02

Arch 304.01(c)

Arch 308.01 (c)

NCARB Certification Guidelines July 2021 Edition

National Council of Architectural Registration Boards

1801 K Street NW Suite 700K

Washington, DC, 20006

Phone: 202/879-0520

Fax: 202/783-0290

Available Free On-line at:

https://www.ncarb.org/sites/default/files/Certification_Guidelines.pdf