420-RICR-00-00-1. Rules and Regulations for Landscape Architects (version Amendment, 01/20/2002 to 01/26/2003)

- 1 - STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS RULES AND REGULATIONS Revised November 2001 - 2 - RHODE ISLAND STATE BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS MEMBERS OF THE BOARD 2001-2002 Karen A. Beck CHAIRPERSON John C. Carter VICE CHAIRPERSON Steven J. Pilz SECRETARY/TREASURER Sara M. Bradford Thomas Dupree Edward W. Pagliarini Thomas A. Palombo LEGAL COUNSEL Irene B. Mowry ADMINISTRATOR - 3 - RHODE ISLAND STATE BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS RULES OF THE BOARD TABLE OF CONTENTS I. DEFINITIONS II. BOARD PROCEDURES III. EXAMINATIONS IV. REGISTRATION BY RECIPROCITY V. RENEWAL OF REGISTRATION VI. REINSTATEMENT OF EXPIRED REGISTRATION VII. DISCIPLINE VIII. USE OF SEAL/STAMP IX. UNLAWFUL PRACTICE X. APPEALS XI. STANDARDS OF PROFESSIONAL CONDUCT XII. CERTIFICATES OF AUTHORIZATION XIII. FEES - 4 - RHODE ISLAND STATE BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS RULES OF THE BOARD I. DEFINITIONS A. The Rhode Island State Board of Examiners of Landscape Architects (hereinafter the “Board”) is established pursuant to Chapter 51 of Title 5 of the General Laws of the State of Rhode Island (hereinafter “R.I. Gen. Laws”) to regulate the practice of landscape architecture in the State of Rhode Island. B. The American Society of Landscape Architects shall hereinafter be referred to as “ASLA”. C. The Council of Landscape Architectural Registration Boards shall hereinafter be referred to as “CLARB”. D. The State of Rhode Island Department of Environmental Management shall hereinafter be referred to as “DEM”. E. The “Seal” shall be an embossed circular seal or rubber stamp of a design and size approved by the Board. It shall contain the name of the landscape architect, the registration number, the word “Registered” above the State’s emblem, and the words “Landscape Architect” below the registration number. F. The Uniform National Examination previously prepared and distributed by CLARB shall hereinafter be referred to as the “UNE.” G. The Landscape Architecture Registration Examination prepared and distributed by CLARB shall hereinafter be referred to as the “LARE.” H. Direct Control and Supervision: Shall mean personal supervision of, knowledge of, and acceptance of responsibility for landscape architectural work by a registered landscape architect. I. The Certificate of Authorization may be referred to as “COA.” J. Certificate of registration or license shall refer to the document of authorization to practice and also the license to practice landscape architecture. - 5 - II. BOARD PROCEDURES A. Election of Officers: The election of officers shall take place at the annual meeting of the Board, and the Board shall elect from its members a Chairperson, Vice- Chairperson, and Secretary/Treasurer. The term of each officer so elected shall be for one year, but he/she shall continue to serve until his/her successor has been elected. If an elected officer does not complete his/her term the board shall elect another member to fill the vacant position. B. Duties of Officers: 1. The Chairperson of the Board shall preside at all meetings, appoint all committees subject to confirmation by vote of members of the Board, and shall perform all other duties ordinarily pertaining to the office of Chairperson as herein prescribed or as may be directed by the Board. The Chairperson shall be an “ex-officio” member of all committees. 2. The Secretary/Treasurer, with the assistance of such clerical help as the Board may provide, shall carry out the duties prescribed for that office and shall perform all other duties ordinarily pertaining to the office of Secretary/Treasurer, or as herein prescribed or directed by the Board. The Secretary/Treasurer shall be charged with the custody of all records and property of the Board, including use of the official seal of the State of Rhode Island. The Secretary/Treasurer shall be the Rules Coordinator as defined under R. I. Gen. Laws § 42-35-2.1. 3. The Vice-Chairperson shall assume the duties of the Chairperson in his/her absence and any other duties as may be directed by the Board. 4. In the event that the Chairperson and Vice-Chairperson are not available for a meeting, a quorum of the Board can appoint a Chairperson Pro Tem for the purposes of conducting the meeting. C. Office: The Board shall meet and transact its business in the office of the Board or another suitable location as approved by the Board. D. Information: The public may obtain information by contacting the Board by telephone or in writing. E. Public Inspection: The Board shall make available for public inspection all rules, written statements of policy or interpretation, or final orders, as required by applicable law. - 6 - F. Meetings: 1. The annual meeting of the Board shall be held in July of each year at a time and place to be determined by the Board. 2. The regular meetings of the Board shall be every month, except August and December, on the third Wednesday or on such other day as the Board may determine at 6:00 p.m. or at such other time as the Board may determine. 3. A special meeting of the Board shall be called upon the request of any member to the Chairperson or Secretary of the Board. Such request shall state the reasons for the meeting and, except by the unanimous consent of all members, no business other than that covered by the request shall be considered at the special meeting. 4. Where the Board has not set the time or place for holding any meeting, the Chairperson or the Secretary shall have the power, in the order named, to designate the time and place of the meeting. 5. The Board, at its discretion, may postpone any meeting. The postponement shall be to a certain date as set forth in a notice of postponement. 6. The presence of the majority of the members of the Board shall constitute a quorum. G. Order of Business: The order of business at any meeting of the Board shall be as follows: 1. Call to order. 2. Reading of the minutes. 3. Secretary/Treasurer’s or designee’s report, correspondence, applications pending or new financial report. 4. Unfinished business. 5. New business. 6. Elections (annual meeting). 7. Adjournment. - 7 - The order of business can be modified by a majority vote of Board members present. H. Voting and Letter Ballots: 1. Voting: The Board shall be deemed to have taken action upon any matter when there is a quorum present and a majority vote is taken. 2. Letter ballot: The Chairperson and the Secretary/Treasurer or designee shall have the authority to issue letter ballots upon any question needing immediate action of the Board. Such ballots shall provide for a negative vote, an affirmative vote, and a vote to defer action on the question until the next meeting of the Board. Letter ballots shall be tabulated by the Secretary/Treasurer ten (10) days after the date of mailing. Ballots returned to the Secretary/Treasurer after that date shall not be considered. I. Finance: All ordinary business expenses incurred by the Board shall be paid out as provided by the R.I. Gen. Laws. All vouchers shall be signed by either the Chairperson, Vice-Chairperson, or the Secretary/Treasurer, or designee, and then presented to the State General Treasurer for payment. J. Books and Records: The following books and records shall constitute the official books and records of the Board and shall be kept in the office of the Board: 1. Minutes - a file or book containing the minutes of all meetings of the Board. 2. Financial records - file or book showing the receipts and disbursements of the Board and the annual budgets. 3. Registrant and applicant records - files containing application and records for each applicant and landscape architect registered by the Board. 4. The Board shall keep all records a minimum of five (5) years. III. EXAMINATIONS A. General Examination Procedures: - 8 - 1. The notice of an examination shall be published in the Providence Journal no less than ninety (90) days before the first day of the examination. 2. The examination shall be the Landscape Architect Registration Examination (“LARE”) prepared and distributed by CLARB plus such supplemental material as the Board may deem appropriate for the practice of landscape architecture in Rhode Island. 3. The LARE shall be administered and evaluated according to the procedures set forth by CLARB. 4. A candidate taking the examination must take all sections of the examination not yet passed. Absence from any part of the examination is grounds for the Board to void said examination unless a verified medical excuse satisfactory to the Board is presented to the Board within ten (10) days of the conclusion of the examination. 5. The Board shall, in its discretion, determine the content and grading standards for any supplemental examination(s) it administers. 6. A candidate who has failed to retake the examination for a period of five (5) years shall be required to reapply to the Board to take the entire examination. Credit for parts of the examination previously passed will be forfeited. The Board may, in its discretion, waive the re-application and forfeiture provisions for good cause shown. 7. The Board may, in its discretion, offer LARE sections as may be offered and scheduled by CLARB for candidates who have not yet passed all sections. B. Application Procedures: 1. Application for registration by examination: a) The date of the application deadline shall be determined by the Board but shall be no less than sixty (60) days before the examination date. Applications will be provided by the Board upon request. Applications, including all required documentation, must be received by the Board, and applicants must meet the requirements of the R.I. Gen. Laws § 5-51-6, on or before the application deadline. A full non-refundable payment shall be due within ten (10) business days of notification by the Board that an application has been approved. b) Applications shall include three (3) references, including two (2) references from landscape architects each having at least four (4) years of experience as a registered landscape architect. - 9 - c) A two-year, full-time (35 hours/week) work experience is required according to R.I. Gen. Laws § 5-51-6 (3). To show evidence of required landscape architectural experience, or experience under an allied professional, the applicant shall present documentation on the form(s) provided by the Board. The supervising landscape architect or allied professional shall verify the documentation of experience. Experience gained from part-time work performed on a regular basis with a minimum of ten (10) hours per week shall be accepted if the total hours are equal to the full time employment requirement. d) An approved course of study to fulfill the education requirement set forth by R.I. Gen. Laws § 5-51-6 shall include a Bachelor or Master of Landscape Architecture degree from an ASLA accredited program, or the following, at the discretion of the Board: a Bachelor or Master degree in a field related to landscape architecture, or completion of a non-accredited landscape architectural program. e) Practical experience, as an alternative to the education requirement, shall mean full-time employment in landscape architectural work for a minimum of six (6) years under the direct supervision of an individual registered to practice landscape architecture under the laws of the state in which the work is performed. The applicant must present evidence to the satisfaction of the Board, of landscape architectural work performed by him or her, including drafting, grading, planting design, site design, and layout drawings. f) Candidates who have taken and passed the LARE at a CLARB testing site must meet the requirements of R.I. Gen. Laws § 5-51-6 and must pass such supplemental examination to the LARE as deemed appropriate to the practice of landscape architecture in Rhode Island. 2. Board action relating to applications: a) Each application shall be considered individually. The Board action shall be either “approved,” “not approved,” or “insufficient application” as determined by vote. b) The Board reserves the right to retain as a permanent part of the application any and all documents submitted which shall be properly marked for identification and ownership. At the request and expense of the applicant, original documents may be replaced by photocopies of such documents. - 10 - c) The Board shall maintain a file for each examination or reciprocity candidate for not less than five (5) years from the date of most recent written correspondence received by the Board. d) Failure to comply within thirty (30) days from the date of a written request from the Board for additional evidence or information or appearance before the Board may, in the discretion of the Board, be considered as just and sufficient cause for disapproval of the application. 3. Application for retake of failed examination section(s): a) Examination applicants who have passed a section or sections of the UNE or LARE in another state shall meet the requirements of R.I. Gen. Laws § 5-51-6 and shall provide evidence of same in the form of certification sent directly to the Board from the state Board that administered the examination in order to be exempted from retaking that section of the UNE or LARE already passed. b) Application to retake a failed section or sections of the examination previously taken in Rhode Island shall be in the form of a letter of request stating the section(s) to be retaken. The letter of request and full non- refundable payment must be received by the Board on or before the application deadline. c) The applicant for retake of a failed section(s) who has failed the section(s) three (3) or more times shall present evidence of additional education or a change in professional responsibilities as evidence that the applicant has acquired additional knowledge in the subject matter of the failed section(s). Acceptable education in the subject matter shall be a minimum of twelve (12) direct contact hours with a qualified tutor or a one semester course. Notice of intent and arrangements for satisfying the education requirement shall be submitted with the request to retake the failed sections(s). Verification of the content and completion of the course of study shall be provided by the tutor or instructor a minimum of two (2) weeks before the applicant is admitted to the examination. For satisfaction of the requirement by means of a change in professional responsibility, the applicant shall present evidence in the form of a letter from the employer or supervisor a minimum of two (2) weeks before being admitted to the examination. The change in responsibility shall include a minimum of four (4) months of experience, since last taking the exam, in tasks related to the subject matter of the failed section(s). - 11 - C. Review of Failed Examinations: 1. Candidates may review only the failed section(s) of their own performance problems in accordance with CLARB guidelines and the following rules of the Board. 2. A candidate s who seeks to review his/her failed performance section(s) of the most recent previous examination shall make a request to the Board in writing within thirty (30) days of the mailing of examination results. 3. The Board shall schedule a time and place for the candidate’s review of the examination materials. 4. The Board shall safeguard the integrity of the examination materials by conducting the review in a proctored and/or securable place. The proctor shall not discuss the examination with the candidate. All materials shall be returned to the Board’s files. The candidate shall not photocopy, reproduce, or trace any portion of the examination, or make any marks on the examination materials. 5. No person other than the candidate shall be allowed to review his/her examination materials. D. Re-evaluation of Examination Grade: 1. A candidate who seeks to have any portion of the LARE re-evaluated shall do so in accordance with CLARB guidelines. 2. A candidate who seeks to have any portion of the supplemental examination re-evaluated shall notify the Board in writing within thirty (30) days of the mailing of the examination results. IV. REGISTRATION BY RECIPROCITY A. Applicants shall meet the requirements of R.I. Gen. Laws § 5-51-7 and have two (2) years experience of a grade and character acceptable to the Board. B. The applicant shall provide evidence on the form supplied by the Board that his/her registration in the reciprocal state is current. C. The applicant shall provide confirmation from the reciprocal state’s board that a Rhode Island registered landscape architect with comparable qualifications would be granted reciprocity in that state. - 12 - D. The applicant who has passed the UNE or LARE shall provide confirmation of the passing grades and year of passing from the state board that administered the examination or CLARB. The Senior’s Examination administered by CLARB is accepted as equivalent to the LARE or UNE. E. A CLARB certificate submitted with the application form shall constitute documentation of qualifications. F. The Board may require all applicants applying for reciprocity to pass such supplemental examination to the LARE or to provide such additional documentation as is deemed appropriate to the practice of landscape architecture in Rhode Island. V. RENEWAL OF REGISTRATION A. One renewal notice shall be sent to each registered landscape architect and COA firm no less than 30 days before June 30 of the expiration year. B. A penalty fee shall be charged for renewal fees received after June 30 of the expiration year. C. It is the responsibility of each registered landscape architect to notify the Board in writing of any change in name or address. VI. REINSTATEMENT OF EXPIRED REGISTRATION A. A prior registrant whose registration has expired may be reinstated at the discretion of the Board. The Board may request three (3) examples of work performed during the lapsed period. B. A reinstated registrant shall pay the penalty fee, the annual renewal fee for each year the registration was expired, and the renewal fee for the current year. C. A prior registrant whose registration has expired for five (5) years or more shall reapply for registration. VII. DISCIPLINE A. Authority for revocation, suspension and refusal to renew is found in R.I. Gen. Laws § 5-51-17. - 13 - B. Procedures: Any person may prefer charges of fraud, deceit, gross negligence, incompetence or misconduct against any registrant. In addition, the Board may, on its own motion, investigate the acts or omissions of a registrant, and shall, in appropriate cases, file a written statement of charges with the Secretary of the Board. Said charges shall be in writing, shall be sworn to by the person(s) making same and shall be filed with the Board. Registrants shall be provided notice and the opportunity to be heard on any and all charges. Any and all charges, unless dismissed by the Board as unfounded or trivial, shall be heard by the Board within six (6) months after the date on which they were filed; however, this time frame may be extended by the Board upon good cause. C. Hearings: The time and place for hearing(s) shall be set by the Board. A copy of the charges, together with the time and place of the hearing, shall be sent by Certified Mail to the last known address of the charged registrant at least thirty (30) days before the hearing date. At any hearing, the charged registrant shall have the right to appear in person and with counsel, to cross-examine adverse witnesses and to produce evidence and witnesses in his or her defense. If, after such hearing(s), the charges are sustained, the Board shall, pursuant to R.I. Gen. Laws § 5-51-17, suspend, refuse to renew, or revoke the certificate of registration and/or certificate of authorization; and/or publicly censure such registrant; and/or assess fines or penalties. The Board may, at its discretion, reissue a certificate of registration to any person whose registration was revoked or suspended upon presentation of satisfactory evidence of reform and/or redress. D. Legal counsel and necessary assistance: The Board may engage legal counsel and necessary assistance to effect its rights and responsibilities under Chapter 51 of Title 5 of the R.I. Gen. Laws and/or concerning the enforcement of these rules and regulations. E. Nothing herein shall prevent the Board from charging one or both parties a fee for the direct costs associated with hearings, transcripts or legal fees. - 14 - VIII. USE OF SEAL OR STAMP A. For the purpose of signing drawings, plans, specifications, reports and other contract documents, each registered landscape architect shall have an individual seal or stamp as described in definitions. B. The seal/stamp shall be applied to the document and signed and dated by the registered landscape architect. The stamp or seal may be electronic. The stamp shall bear an original or an electronic signature. C. No landscape designs, specifications or other landscape documents submitted to a federal, state or municipal agency for permit or authorization shall be submitted without the seal or stamp of the R.I. registered landscape architect responsible for the work. IX. UNLAWFUL PRACTICE A. As set forth in R.I. Gen. Laws Chapter 51 of Title 5, no person or firm shall represent himself/herself/itself as a practitioner of landscape architecture, or engage in the practice of landscape architecture, or offer to practice landscape architecture or use or employ any title, sign, card, or device implying that such person or firm is practicing or is authorized to practice landscape architecture in this State, without holding a certificate of registration issued by the Board. B. Any person who violates the provisions of R.I. Gen. Laws Chapter 51 of Title 5 shall, upon conviction, be subject to penalty as set forth in R.I. Gen. Laws § 5-51-16. C. The Board shall investigate any alleged violation of R.I. Gen. Laws Chapter 51 of Title 5. D. Pursuant to R.I. Gen. Laws § 5-51-16, the Board may maintain in any court of competent jurisdiction a suit for injunctive relief against any person or firm holding himself/herself/itself out as landscape architects or practicing landscape architecture without a certificate of registration and/or a certificate of authorization issued by the Board. X. APPEALS A. Any person(s) or firm aggrieved or adversely affected by a final decision or final order of the Board may appeal therefrom in accordance with the provisions of R.I. Gen. Laws § 5-51-17.1 (i). B. Should any person(s) or firm be represented by legal counsel at any point in an appeal or in any matter, the Board shall not act on said matter without consultation with or representation by legal counsel. - 15 - XI. STANDARDS OF PROFESSIONAL CONDUCT A. Competence: 1. In practicing landscape architecture, a landscape architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by landscape architects of good standing, practicing in the same locality. 2. In designing a project, a landscape architect shall take into account all applicable state and municipal laws and regulations. While a landscape architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the meaning and intent of such regulations, once having obtained such advice, a landscape architect shall not knowingly design a project in violation of such laws and regulations. 3. A landscape architect shall undertake to perform professional services only when he or she, together with those whom the landscape architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved. B. Conflict of Interest: 1. A landscape architect or firm shall not accept compensation for his/her/its services from more than one party on a project unless the circumstances are fully disclosed to and agreed by all interested parties. 2. If a landscape architect or firm has any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with his or her performance of professional services, the landscape architect shall fully disclose to his or her client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the landscape architect shall either terminate such association or interest or offer to give up the commission or employment. 3. A landscape architect or firm shall not solicit or accept compensation from any material supplier, equipment supplier or contractor in return for specifying or endorsing their products or services unless the circumstances are fully disclosed to and agreed to by all interested parties. 4. When acting as the interpreter of construction or service contract documents and the judge of contract performance, a landscape architect - 16 - or firm shall render decisions impartially, favoring neither party to the contract. C. Full Disclosure: 1. A landscape architect or firm shall fully and accurately represent to a prospective or existing client or employer his/her/its qualifications and the scope of his/her/its responsibility in connection with work for which he/she/it is claiming credit. XII. CERTIFICATES OF AUTHORIZATION A. Requirements for Certificates of Authorization: 1. Pursuant to the provisions of the Rhode Island registration law regarding landscape architecture (Chapter 51 of Title 5 of R.I. Gen. Laws, as amended), any firm that practices or offers to practice landscape architecture within the State of Rhode Island shall obtain a COA to do so prior to practicing or offering to practice landscape architecture in this State. COA application fee shall be waived for firms consisting of one person. 2. Each firm applying for a COA shall designate one or more landscape architect(s) registered in the State of Rhode Island as being in direct control and supervision of all landscape architectural work. The failure to so designate a landscape architect shall result in denial of the application. 3. Obtaining an individual registration as a landscape architect in this State does not entitle a person to a COA for a corporation, partnership or sole proprietorship. A COA shall be applied for and obtained from the Board. B. Procedural Rule - COA/Secretary of State and Affidavit: 1. No firm that intends to practice or offer to practice landscape architecture in the State of Rhode Island shall be permitted to be incorporated as a firm that offers landscape architecture, or otherwise register at the Office of the Secretary of State, until such time as the Board has confirmed to the Office of the Secretary of State that the firm has been conditionally approved for a COA. C. Criteria for Issuance of a Certificate of Authorization pursuant to R.I. Gen. Laws Chapter 51 of Title 5: - 17 - 1. No COA shall be issued without a written application being filed with the Board. 2. At the time that the application is filed, the names of one or more landscape architects with valid registrations in the State of Rhode Island shall be provided. Each of the landscape architects so identified shall complete the affidavit prepared by the Board. 3. The Board shall not approve any application for a COA where the landscape architect in direct control and supervision is a subcontractor or independent contractor hired by the applicant. 4. Once issued, a COA shall remain valid for the period specified unless otherwise suspended or revoked. It is the responsibility of the firm to notify the Board when a landscape architect designated as being in direct control and supervision is no longer serving in that capacity. A COA for a firm without a designated landscape architect in direct control and supervision is no longer valid. - 18 - XIII. FEES Fees apply equally to residents and non-residents and shall be paid in full before any action is taken by the Board. 1. Examination and re-examination To be determined based on the CLARB cost plus administrative costs 2. Application for registration from applicant via $150.00 a CLARB testing site 3. State supplemental examination section $ 25.00 (per section) 4. Reciprocity Application $150.00 5. Certificate of Registration initial registration fee $ 30.00 6. Biennial Registration renewal fee $80.00 7. Reinstatement of expired Certificate of Registration $ 25.00 plus $ 40.00 for every year or portion of a year 8. Duplicate certificate of registration $ 30.00 9. COA initial Application $ 50.00 10. Biennial COA renewal fee $100.00 11. Reinstatement of COA $ 25.00 plus $ 50.00 for every year or portion of a year 12. COA Duplicate Wall Certificate $ 25.00 - 19 - Appendix A I-Sec. C,E,H,I,J; II-Sec. A, B1,2,3, C, E, F2,3,G3,H2,I,J4; III-Sec. A6,7,B1a,c,d,f,2c,d,3a,c,C2,4, D1,2; IV-Sec.A,B,C,D,E,F; V-Sec.A,B,C,D; VI-Sec.A,B,C; VII-Sec.A,B,C,D,E; VIII-Sec. A,B,C; IX-Sec.A,B,C,D; X-Sec.A,B; XI-Sec.A2,4,B1,2,3,4,C1; XII-Sec.A1,2,3,B1,C1,2,3,4; XIII-Sec.2,6,7,9,10,11,12