USA Statutes : nevada
Title : Title 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES
Chapter : CHAPTER 623A - LANDSCAPE ARCHITECTS
The practice of landscape
architecture affects the public welfare and is charged with the public
interest and therefore subject to protection and regulation by the State.
(Added to NRS by 1975, 1464)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 623A.030
to 623A.060 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1975, 1464; A 2001, 502 )
“Board” means the State Board of
Landscape Architecture.
(Added to NRS by 1975, 1464; A 2001, 502 )
“Certificate
of registration” means a certificate of registration issued by the Board
to a landscape architect pursuant to the provisions of this chapter.
(Added to NRS by 2001, 497 )
“Direct supervision”
means a critical examination and evaluation of the work product by a
holder of a certificate of registration, during and after the work
product is prepared, to ensure that the work product complies with any
applicable law or regulation concerning the practice of landscape
architecture.
(Added to NRS by 2001, 497 )
“Instruments of
service” means the finalized drawings or specifications prepared by the
holder of a certificate of registration.
(Added to NRS by 1975, 1464; A 2001, 502 )
“Landscape architect”
means any person who engages in the practice of landscape architecture.
(Added to NRS by 1975, 1465)
“Landscape
architect intern” means a person who is issued a certificate to practice
as a landscape architect intern pursuant to the provisions of this
chapter.
(Added to NRS by 2001, 497 )
“Practice of landscape architecture” means to provide or hold
professional services out to the public, including, without limitation,
services for consultation, investigation, reconnaissance, research,
planning, design, preparation of drawings and specifications, and
supervision, if the dominant purpose of the services is for the:
1. Preservation, enhancement or determination of proper land uses,
natural land features, ground cover and planting, naturalistic and
esthetic values, natural drainage, and the settings and approaches to
buildings, structures, facilities and other improvements; and
2. Consideration and determination of issues of the land relating
to erosion, wear and tear, lighting characteristics, and design of
landscape irrigation, lighting and grading.
Ê The term includes the location and arrangement of such tangible
objects, structures and features as are incidental and necessary to that
dominant purpose, but does not include the design of structures or
facilities with separate and self-contained purposes for habitation or
industry whose design is normally included in the practice of
architecture or professional engineering.
(Added to NRS by 1975, 1465; A 1995, 1048; 2001, 502 )
For the purposes of this
chapter, a person has good moral character if he:
1. Has not been convicted of a felony, misdemeanor or gross
misdemeanor that is directly related to the practice of landscape
architecture;
2. Has not committed an act involving dishonesty, fraud,
misrepresentation, breach of a fiduciary duty, gross negligence or
incompetence while engaged in the practice of landscape architecture;
3. Is not incarcerated in a jail or prison at the time of
submitting an application for a certificate of registration or a
certificate to practice as a landscape architect intern;
4. Has not committed fraud or misrepresentation in connection with:
(a) The submission of an application for a certificate of
registration or certificate to practice as a landscape architect intern;
or
(b) The taking of one or more examinations pursuant to the
provisions of this chapter;
5. Has not had his certificate of registration suspended or
revoked by the Board or in any other state or country;
6. Has not, in lieu of receiving disciplinary action against him,
surrendered a certificate of registration or certificate to practice as a
landscape architect intern in this State or a certificate or license to
practice landscape architecture issued in another state or country;
7. Has not engaged in the practice of landscape architecture in
this State or in any other state or country without a license or
certificate of registration or certificate to practice as a landscape
architect intern within the 2 years immediately preceding the filing of
an application for a certificate of registration or certificate to
practice as a landscape architect intern pursuant to the provisions of
this chapter; or
8. Has not, within the 5 years immediately preceding the filing of
an application specified in subsection 7, engaged in unprofessional
conduct in violation of the regulations adopted by the Board.
(Added to NRS by 2001, 497 ; A 2003, 2703 )
1. This chapter does not apply to:
(a) Owners of property who make plans, specifications or drawings
for their own property.
(b) Any person engaged in the practice of architecture who is
registered pursuant to the provisions of chapter 623 of NRS.
(c) A contractor licensed pursuant to the provisions of chapter 624
of NRS who provides his own drawings for his
own construction activities.
(d) Any person who is licensed as a civil engineer pursuant to the
provisions of chapter 625 of NRS.
(e) Any person who designs, manufactures or sells irrigation
equipment and provides instructions pertaining to the mechanical erection
and installation of the equipment but does not install the equipment.
2. Any person exempted by the provisions of this section is not
thereby absolved from any civil or criminal liability that might
otherwise accrue.
3. The exemptions provided by this section do not entitle any
person who does not hold a certificate of registration or certificate to
practice as a landscape architect intern to hold himself out to the
public or advertise himself as a landscape architect or a landscape
architect intern.
(Added to NRS by 1975, 1469; A 1995, 1049; 1997, 1037; 2001, 502
)
STATE BOARD OF LANDSCAPE ARCHITECTURE
1. The State Board of Landscape Architecture, consisting of five
members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Four members who, at the time of their appointment, are not the
subject of any disciplinary action by the Board and who, for not less
than 3 years immediately preceding their appointment, have been:
(1) Engaged in the practice of landscape architecture; and
(2) Holders of certificates of registration; and
(b) One member who is a representative of the general public. This
member must not be:
(1) A landscape architect or a landscape architect intern; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a landscape architect or a landscape architect intern.
3. Each member must have been a resident of this State for not
less than 3 years immediately preceding his appointment.
4. A member of the Board shall not serve for more than three terms.
5. Each member of the Board shall, within 30 days after he is
appointed, take and subscribe to the oath of office as prescribed by the
laws of this State and file the oath with the Secretary of State.
6. The member who is a representative of the general public shall
not participate in preparing or grading any examination required by the
Board.
7. Upon receipt of a complaint concerning a member of the Board
and for good cause shown, the Governor may, after providing 10 days’
notice to the member and providing an opportunity for a hearing, remove
the member for inefficiency, neglect of duty or malfeasance in office.
8. An appointment to fill a vacancy in the membership of the Board
for a cause other than expiration of the term must be for the unexpired
portion of the term.
9. A member, agent or employee of the Board or any hearing officer
or member of a hearing panel appointed by the Board is immune from
personal liability relating to any action taken in good faith and within
the scope of his authority.
(Added to NRS by 1975, 1465; A 1977, 1248; 2001, 503 ; 2003, 1188 )
1. Members of the Board are entitled to receive:
(a) A salary of not more than $80 per day, as fixed by the Board,
while engaged in the business of the Board; and
(b) A per diem allowance and travel expenses, at a rate fixed by
the Board, while engaged in the business of the Board. The rate must not
exceed the rate provided for state officers and employees generally.
2. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
3. Any salary, per diem allowance or travel expenses paid pursuant
to the provisions of this section must be paid from money kept or
deposited by the Board in accordance with the provisions of NRS 623A.150
.
(Added to NRS by 1975, 1465; A 1981, 1991; 1989, 1694; 2001, 503
)
1. At each annual meeting of the Board, the members shall:
(a) Elect a President and a Secretary; and
(b) Appoint an Executive Director.
2. The President and the Secretary of the Board serve without
additional compensation.
3. The Executive Director must not be a member of the Board and is
entitled to a salary fixed by the Board.
4. The Executive Director shall:
(a) Keep an accurate record of all proceedings of the Board;
(b) Maintain custody of the official seal;
(c) Maintain a file containing the names and addresses of all
holders of certificates of registration and certificates to practice as a
landscape architect intern;
(d) Submit to the Board each application for a certificate of
registration or certificate to practice as a landscape architect intern
that is filed with the Board;
(e) If a holder of a certificate of registration or certificate to
practice as a landscape architect intern has violated any provision of
this chapter, file a complaint with the Attorney General; and
(f) Perform any other duties assigned to him by the Board.
(Added to NRS by 1975, 1465; A 1995, 1049; 2001, 503 )
1. The Board shall meet at least once each calendar quarter for
the purpose of transacting its regular business and may meet at any other
time as the Board designates.
2. Special meetings of the Board must be called by the Executive
Director upon the written request of any member, by giving 20 days’
written notice of the meeting and the time and place the meeting is to be
held to each member of the Board.
3. Three members of the Board constitute a quorum.
(Added to NRS by 1975, 1466; A 1979, 962; 1995, 1049)
The Board may:
1. Employ and fix the compensation for legal counsel, inspectors,
special agents, investigators and clerical personnel necessary to the
discharge of its duties; and
2. Reimburse an employee specified in subsection 1 for any actual
expenses incurred by the employee while acting on behalf of the Board.
(Added to NRS by 1975, 1466; A 2001, 504 )
The Board shall:
1. Adopt an official seal.
2. Administer and enforce the provisions of this chapter.
3. Adopt regulations for the administration of this chapter.
4. Administer and conduct comprehensive examinations of
applicants, which must test the applicant’s fitness to engage in the
practice of landscape architecture.
(Added to NRS by 1975, 1466; A 1977, 87; 2001, 504 )
The Board shall
prepare and adopt a code of conduct for holders of certificates of
registration and holders of a certificate to practice as a landscape
architect intern. The code must ensure the maintenance of a high standard
of integrity, dignity and professional responsibility by members of the
profession. Before adopting the code, the Board shall send a copy of the
proposed code to each holder of a certificate of registration and holder
of a certificate to practice as a landscape architect intern. Each holder
of a certificate of registration and holder of a certificate to practice
as a landscape architect intern may vote on any provision included in the
code. The Board may adopt each provision in the code unless 25 percent or
more of the holders of certificates of registration vote against that
provision.
(Added to NRS by 2001, 498 ; A 2003, 4 )
The Board shall prepare and maintain a record of each certificate of
registration and certificate to practice as a landscape architect intern.
The record must include, without limitation, the name of the holder of
the certificate of registration or the certificate to practice as a
landscape architect intern, the address at which he resides and the
number of his certificate of registration or certificate to practice as a
landscape architect intern. The Board shall make the record available:
1. For inspection by each holder of a certificate of registration
or certificate to practice as a landscape architect intern in a manner
prescribed by the Board; and
2. For sale to a member of the general public who is not a holder
of a certificate of registration or certificate to practice as a
landscape architect intern.
(Added to NRS by 2001, 498 ; A 2003, 4 )
In a manner consistent with the provisions
of chapter 622A of NRS, the Board may:
1. Grant or refuse certificates after examination and revoke or
suspend a certificate or take any other disciplinary action set forth in
NRS 623A.270 for any of the causes
specified in this chapter.
2. Take depositions and issue subpoenas for the purpose of any
hearing authorized by this chapter.
3. Establish reasonable educational requirements for applicants.
4. Establish requirements for approval of schools of landscape
architecture.
(Added to NRS by 1975, 1466; A 1981, 97; 1995, 1050; 2005, 755
)
The Board may:
1. Grant or deny an application for a certificate to practice as a
landscape architect intern after examination and revoke or suspend a
certificate to practice as a landscape architect intern or take any other
disciplinary action set forth in NRS 623A.270 for any of the causes specified in this
chapter;
2. Hold membership in any organization relating to landscape
architects or the practice of landscape architecture; or
3. Administer examinations on behalf of any national association
of registered boards that certifies landscape architects.
(Added to NRS by 2001, 501 )
The Board shall
operate on the basis of a fiscal year beginning on July 1 and ending on
June 30.
(Added to NRS by 2001, 498 )
1. All money coming into the possession of the Board must be kept
or deposited by the Executive Director in an account in a bank, credit
union or savings and loan association in this State.
2. Except as otherwise provided in subsection 6, all money
collected by the Board must be used to pay the expenses of:
(a) Examinations and the issuance of certificates of registration
and certificates to practice as a landscape architect intern; and
(b) Conducting the business of the Board.
3. The expenses, including the per diem allowances and travel
expenses of the members and employees of the Board while engaged in the
business of the Board and the expenses to conduct examinations, must be
paid from the current receipts. No portion thereof may be paid from the
State Treasury.
4. Any balance remaining in excess of the expenses incurred may be
retained by the Board and used to defray the future expenses of the Board.
5. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to the provisions of this chapter, impose and collect fines and penalties
therefor and deposit the money therefrom in an account maintained by the
Board in a bank, credit union or savings and loan association specified
in subsection 1.
6. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to the provisions of subsection 5 and the
Board deposits the money collected from the imposition of fines with the
State Treasurer for credit to the State General Fund, it may present a
claim to the State Board of Examiners for recommendation to the Interim
Finance Committee if money is needed to pay attorney’s fees or the costs
of an investigation, or both.
(Added to NRS by 1975, 1466; A 1995, 1050; 1999, 1528 ; 2001, 504 ; 2005, 755 )
The Attorney General is the legal adviser of the Board, but the Board
may employ legal counsel.
(Added to NRS by 1975, 1466)
CERTIFICATION
1. A person shall not engage in the practice of landscape
architecture or use the title of “landscape architect” or “landscape
architect intern” unless he is issued a certificate of registration or
certificate to practice as a landscape architect intern by the Board
pursuant to the provisions of this chapter.
2. If an applicant complies with the provisions of this chapter
and is otherwise qualified to engage in the practice of landscape
architecture, the Board shall, upon payment by the applicant of the
applicable fees prescribed by the Board pursuant to the provisions of NRS
623A.240 , issue to the applicant a
certificate of registration or certificate to practice as a landscape
architect intern. If a certificate of registration or certificate to
practice as a landscape architect intern is issued after the beginning of
the fiscal year, the Board may prorate the fee that the applicant must
pay for that year pursuant to those provisions.
3. Each certificate of registration must include the complete name
of the holder of the certificate, the number of the certificate, and the
signatures of the President and Secretary of the Board.
(Added to NRS by 2001, 501 )
1. Any person who:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States; and
(d) Has satisfied the requirements for education and experience in
landscape architecture, in any combination deemed suitable by the Board,
Ê may submit an application for a certificate of registration to the
Board upon a form and in a manner prescribed by the Board. The
application must be accompanied by the application fee prescribed by the
Board pursuant to the provisions of NRS 623A.240 and all information required to complete the
application.
2. Each year of study, not exceeding 5 years of study,
satisfactorily completed in a program of landscape architecture
accredited by the Landscape Architectural Accrediting Board or a similar
national board approved by the Board, or a program of landscape
architecture in this State approved by the Board, is considered
equivalent to 1 year of experience in landscape architectural work for
the purpose of registration as a landscape architect.
3. The Board shall, by regulation, establish standards for
examinations which may be consistent with standards employed by other
states. The Board may adopt the standards of a national association of
registered boards approved by the Board, and the examination and grading
procedure of that organization, as they exist on the date of adoption.
Examinations may include tests in such technical, professional and
ethical subjects as are prescribed by the Board.
4. If the Board administers or causes to be administered an
examination during:
(a) June of any year, an application to take that examination must
be postmarked not later than March 1 of that year; or
(b) December of any year, an application to take that examination
must be postmarked not later than September 1 of that year.
(Added to NRS by 1975, 1466; A 1997, 2111; 2001, 505 ; 2005, 2701 , 2807 )
1. The Board shall approve or disapprove each application. Except
as otherwise provided in subsection 4, the Board shall approve the
application if the Board is satisfied that:
(a) The information set forth in the application is true;
(b) The applicant is qualified to take the examination;
(c) The applicant has paid the examination fee; and
(d) The applicant has submitted all information required to
complete the application.
2. If the Board approves an application, the Executive Director
shall promptly notify the applicant in writing of the approval and of the
time and place of the examination, if required.
3. If the Board disapproves an application, the Executive Director
shall promptly notify the applicant of the disapproval, stating the
reasons therefor.
4. The Board may disapprove an application for any violation of
the provisions of this chapter.
(Added to NRS by 1975, 1466; A 1977, 87; 1995, 1050; 1997, 2111;
2001, 505 ; 2005, 2702 , 2807 )
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a certificate of registration
or certificate to practice as a landscape architect intern shall include
the social security number of the applicant in the application submitted
to the Board.
(b) An applicant for the issuance or renewal of a certificate of
registration or certificate to practice as a landscape architect intern
shall submit to the Board the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to the provisions of NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to the
provisions of subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate of registration or certificate
to practice as a landscape architect intern; or
(b) A separate form prescribed by the Board.
3. A certificate of registration or certificate to practice as a
landscape architect intern may not be issued or renewed by the Board if
the applicant:
(a) Fails to submit the statement required pursuant to the
provisions of subsection 1; or
(b) Indicates on the statement submitted pursuant to the provisions
of subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2110; A 2001, 506 ; 2005, 2702 , 2807 )
[Effective on the date of the repeal of the federal law requiring
each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a certificate of
registration or certificate to practice as a landscape architect intern
shall submit to the Board the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human
Services pursuant to the provisions of NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to the
provisions of subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the certificate of registration or certificate
to practice as a landscape architect intern; or
(b) A separate form prescribed by the Board.
3. A certificate of registration or certificate to practice as a
landscape architect intern may not be issued or renewed by the Board if
the applicant:
(a) Fails to submit the statement required pursuant to the
provisions of subsection 1; or
(b) Indicates on the statement submitted pursuant to the provisions
of subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2110; A 2001, 506 ; 2005, 2702 , 2703 , 2807 , 2810 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. For the purpose of issuing a certificate of registration or a
certificate to practice as a landscape architect intern pursuant to the
provisions of this chapter, the Board shall credit work experience as
follows:
(a) One hundred and thirty hours or more of work in the practice of
landscape architecture completed during a month is equal to 1 month of
work experience.
(b) Eighty-five hours or more but less than one hundred and thirty
hours of work in the practice of landscape architecture completed during
a month is equal to one-half of a month of work experience.
2. The Board shall not grant credit for work experience to an
applicant for less than 85 hours of work experience in the practice of
landscape architecture completed during a month.
3. Before the Board may grant credit to an applicant for work
experience pursuant to the provisions of this section, the employer of
the applicant must submit proof satisfactory to the Board that the
applicant completed the work experience for which he wishes to receive
credit.
4. Except as otherwise provided in this subsection, all work
experience must be completed under the direct supervision of a holder of
a certificate of registration. The Board may adopt regulations that
provide for the granting of credit for not more than 1 year of work
experience completed under the direct supervision of a person who is
licensed in a profession other than the practice of landscape
architecture.
5. Each applicant for a certificate of registration or certificate
to practice as a landscape architect intern must, before he takes one or
more examinations required for the certificate, comply with the
requirements for education and experience set forth in this chapter and
any regulations adopted by the Board.
(Added to NRS by 2001, 499 )
1. The Board shall administer or cause to be administered a
written examination to each applicant for a certificate of registration
or certificate to practice as a landscape architect intern.
2. The examination must be given at such times and places and
under such supervision as the Board may determine.
3. The Board may include in the written examination any
theoretical or applied fields and ethical issues it deems appropriate to
determine professional skills and judgment.
4. The Board shall, by regulation, establish the grade that is
required to pass the written examination.
5. The written examination may be waived by the Board if the
applicant:
(a) Presents documentation that he has passed an examination in
another state or country that has been accepted as an equivalent by a
national association of registered boards; or
(b) Has been certified by such an organization.
6. Written examination papers must be destroyed after a
certificate of registration is issued.
7. If the applicant fails to pass the written examination or any
part thereof, he may retake the examination or the part failed in a
subsequent examination upon the payment of the applicable fees prescribed
by the Board pursuant to the provisions of NRS 623A.240 .
(Added to NRS by 1975, 1467; A 1981, 780; 2001, 506 )
The Board may issue a certificate of registration without
examination to a person who submits evidence satisfactory to the Board
that he:
1. Is licensed, registered or certified as a landscape architect
in another jurisdiction if, as determined by the Board, the
qualifications required for the license, registration or certification
are substantially equivalent to the qualifications set forth in this
chapter for the issuance of a certificate of registration; and
2. Is otherwise qualified for a certificate of registration to
engage in the practice of landscape architecture in this State.
(Added to NRS by 2001, 499 )
1. Upon issuing a certificate of registration, the Board shall
issue to the holder of the certificate of registration a seal of the
design authorized by the Board, bearing the name of the holder of the
certificate of registration, the number of his certificate of
registration and the title “landscape architect.”
2. A plan, specification, report or other document issued by a
holder of a certificate of registration for official use must be signed,
sealed and dated on the title page by him with a permanently legible
imprint of his seal and signature. The Board may adopt regulations
specifying the manner in which a holder of a certificate of registration
may electronically transmit such a plan, specification, report or other
document.
3. It is unlawful for a person to stamp or seal any plan,
specification, report or other document with the seal of a holder of a
certificate of registration after his certificate of registration has
expired or has been suspended or revoked, unless the certificate of
registration has been renewed or reissued.
(Added to NRS by 2001, 500 )
1. Each certificate of registration expires on June 30 next
following the date of issuance.
2. A certificate of registration may be renewed for 1 year from
each succeeding July 1, upon submission of:
(a) The annual renewal fee prescribed by the Board pursuant to the
provisions of NRS 623A.240 ;
(b) Proof of compliance with the requirements established by the
Board for continuing education for the renewal of the certificate of
registration; and
(c) All information required to complete the renewal.
3. A certificate of registration that has expired through failure
to be renewed may be renewed at any time within 1 year after the date of
its expiration upon application to and with the approval of the Board and
upon payment of the annual renewal fee and the delinquency fee prescribed
by the Board pursuant to the provisions of NRS 623A.240 .
4. A certificate of registration that has expired for failure to
be renewed within 1 year after the date of its expiration may be
reinstated by the Board without examination within 3 years after the date
the certificate of registration expires upon application to and with the
approval of the Board and upon payment of:
(a) The annual renewal fee for each year, or part thereof, the
certificate of registration is not renewed;
(b) The delinquency fee; and
(c) The reinstatement fee.
5. If a holder of a certificate of registration submits to the
Board the annual renewal fee, proof and information required pursuant to
the provisions of subsection 2, or if the Board approves the renewal or
reinstatement of a certificate of registration pursuant to the provisions
of subsection 3 or 4, the Executive Director of the Board shall, upon
receipt of the applicable fees, proof and information or upon receipt of
the approval of the Board, issue a renewal card to the applicant,
indicating that his certificate of registration is renewed for 1 year.
The renewal card must bear the seal of the Board and include:
(a) The number of the certificate of registration; and
(b) The signature of the President or Executive Director of the
Board or a facsimile of that signature.
6. The renewal of a certificate of registration and the number of
the certificate of registration must be recorded by the Executive
Director of the Board in accordance with the provisions of NRS 623A.135
.
7. The unauthorized use or display of a certificate of
registration or renewal card for that certificate of registration, or the
seal of a holder of a certificate of registration, is unlawful.
(Added to NRS by 1975, 1467; A 1995, 1051; 1997, 2112; 2001, 507
; 2005, 2704 , 2807 )
If a certificate of registration has not been renewed
within 3 years after its expiration, the holder of the certificate of
registration may apply for and obtain a new certificate of registration
if he:
1. Is otherwise eligible;
2. Pays all fees required by this chapter;
3. Passes an examination administered or approved by the Board; and
4. Establishes to the satisfaction of the Board that he is
qualified to practice landscape architecture.
(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508 )
The Board may, by regulation, require each holder of a
certificate of registration to complete a course of continuing education
as a condition for the renewal of his certificate of registration. The
regulations must include the number of hours of continuing education that
the holder of the certificate of registration must complete to renew his
certificate.
(Added to NRS by 2001, 501 )
1. A suspended certificate of registration expires unless it is
renewed by the holder of the certificate of registration. The renewal
does not entitle the holder to engage in the practice of landscape
architecture until the expiration of the suspension period or until the
certificate of registration is reinstated by the Board.
2. A revoked certificate of registration expires and is not
subject to renewal. If the certificate of registration is reinstated
after its expiration, the holder of the certificate of registration shall
pay the fee for reinstatement prescribed by the Board pursuant to the
provisions of NRS 623A.240 .
(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508 )
The
Board shall not issue a temporary certificate of registration or
certificate to practice as a landscape architect intern.
(Added to NRS by 2001, 501 )
1. A holder of a certificate of registration shall notify the
Executive Director in writing of any change of address of his business or
residence and if the certificate of registration has been lost, stolen,
destroyed or mutilated.
2. The Executive Director shall issue a duplicate certificate of
registration in accordance with regulations established by the Board upon
application and payment of the fee for replacement of a certificate of
registration prescribed by the Board pursuant to the provisions of NRS
623A.240 .
(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508 )
1. The following fees must be prescribed by the Board and must not
exceed the following amounts:
Application
fee........................................................................
.......................... $200.00
Examination
fee........................................................................
.......................... 100.00,
plus the actual
cost of the
examination
Certificate of
registration...............................................................
...................... 25.00
Annual renewal
fee........................................................................
..................... 200.00
Reinstatement
fee........................................................................
........................ 300.00
Delinquency
fee........................................................................
............................ 50.00
Change of address
fee........................................................................
.................. 10.00
Copy of a document, per
page.......................................................................
..... .25
2. In addition to the fees set forth in subsection 1, the Board
may charge and collect a fee for any other service it provides. The fee
must not exceed the cost incurred by the Board to provide the service.
3. The Board may authorize a landscape architect intern to pay the
application fee or any portion of that fee during any period in which he
is the holder of a certificate to practice as a landscape architect
intern. If a landscape architect intern pays the fee or any portion of
the fee during that period, the Board shall credit the amount paid by him
towards the entire amount of the application fee for the certificate of
registration required pursuant to this section.
4. The fees prescribed by the Board pursuant to this section must
be paid in United States currency in the form of a check, cashier’s check
or money order. If any check submitted to the Board is dishonored upon
presentation for payment, repayment of the fee, including the fee for a
returned check in the amount established by the State Controller pursuant
to NRS 353C.115 , must be made by
money order or certified check.
5. The fees prescribed by the Board pursuant to this section are
nonrefundable.
(Added to NRS by 1975, 1468; A 1979, 962; 1987, 146; 1995, 1051;
2001, 508 ; 2003, 20th Special Session, 219 )
1. A firm, partnership, corporation or association may engage in
the practice of landscape architecture if:
(a) All work is performed under the supervision and direction of a
holder of a certificate of registration;
(b) The name of the holder of a certificate of registration appears
in the name of the firm, partnership, corporation or association;
(c) The name of the holder of the certificate of registration
appears on all papers or documents used in the practice of landscape
architecture; and
(d) All instruments of service are signed by the holder of the
certificate of registration.
2. Architects, registered interior designers, residential
designers, professional engineers and landscape architects may, in
accordance with NRS 623.349 , join or
form a partnership, corporation, limited-liability company or other
business organization or association with registrants and licensees
outside of their field of practice, or with persons who are not
registered or licensed.
3. Each office or place of business of any partnership,
corporation, limited-liability company or other business organization or
association engaged in the practice of landscape architecture pursuant to
the provisions of subsection 2 shall have a landscape architect who is a
resident of this State and holds a certificate of registration issued
pursuant to this chapter regularly working in the office or place of
business and directly responsible for the administration of the landscape
architectural work conducted in the office or place of business.
4. A registrant or licensee practicing in a business organization
or association pursuant to subsection 2 remains subject to NRS 89.220
.
5. If a person who is not a holder of a certificate of
registration, or if a holder of a certificate of registration who is not
an owner, and who is employed by or affiliated with a business
organization or association that holds a certificate issued pursuant to
NRS 623.349 is found by the Board to
have violated a provision of this chapter or a regulation adopted by the
Board, the Board may hold the business organization or association and
each holder of a certificate of registration who is an owner responsible
for the violation.
(Added to NRS by 1975, 1467; A 1997, 1407; 2001, 509 )
1. A firm, partnership, corporation or association engaged in the
practice of landscape architecture may, upon the approval of the Board,
establish and operate branch offices within this State.
2. A branch office must be operated by a resident landscape
architect who holds a certificate of registration.
3. Offices established for the purpose of observing construction
work on a project are considered branch offices.
(Added to NRS by 1975, 1468; A 2001, 510 )
LANDSCAPE ARCHITECT INTERNS
1. Any person who:
(a) Is at least 21 years of age;
(b) Is of good moral character;
(c) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States; and
(d) Has graduated from a school approved by the Board or has
completed at least 4 years of work experience in the practice of
landscape architecture in accordance with regulations adopted by the
Board,
Ê may submit an application to the Board for a certificate to practice as
a landscape architect intern.
2. The application must be submitted on a form furnished by the
Board and include:
(a) The applicable fees prescribed by the Board pursuant to the
provisions of NRS 623A.240 ; and
(b) All information required to complete the application.
(Added to NRS by 2001, 499 ; A 2005, 2705 )
1. The Board shall issue a certificate to practice as a landscape
architect intern to any person who is qualified pursuant to the
provisions of NRS 623A.263 and who
passes an examination or any portion of an examination required by the
Board.
2. Such a person may engage in the practice of landscape
architecture only under the direct supervision of a holder of a
certificate of registration. Any work performed by the person as a
landscape architect intern may be credited toward the requirements for a
certificate of registration in accordance with regulations adopted by the
Board.
3. A certificate to practice as a landscape architect intern
expires on June 30 and may be renewed for 1 year from each succeeding
July 1 in accordance with regulations adopted by the Board and upon the
payment of the annual renewal fee prescribed by the Board pursuant to the
provisions of NRS 623A.240 .
(Added to NRS by 2001, 500 )
DISCIPLINARY ACTION
1. The Board may:
(a) Suspend or revoke a certificate of registration or certificate
to practice as a landscape architect intern;
(b) Refuse to renew a certificate of registration or certificate to
practice as a landscape architect intern;
(c) Place a holder of a certificate of registration or certificate
to practice as a landscape architect intern on probation;
(d) Issue a public reprimand to a holder of a certificate of
registration or certificate to practice as a landscape architect intern;
(e) Impose upon a holder of a certificate of registration or
certificate to practice as a landscape architect intern a fine of not
more than $5,000 for each violation of this chapter;
(f) Require a holder of a certificate of registration or
certificate to practice as a landscape architect intern to pay
restitution; or
(g) Take such other disciplinary action as the Board deems
appropriate,
Ê if the holder of a certificate of registration or certificate to
practice as a landscape architect intern has committed any act set forth
in NRS 623A.280 .
2. The conditions for probation imposed pursuant to the provisions
of subsection 1 may include, without limitation:
(a) Restriction on the scope of professional practice;
(b) Peer review;
(c) Education or counseling;
(d) The payment of restitution to each person who suffered harm or
loss; and
(e) The payment of all costs of the administrative investigation
and prosecution.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
4. The Board shall not issue a private reprimand to a holder of a
certificate of registration or certificate to practice as a landscape
architect intern.
5. The Board may adopt regulations setting forth a schedule of
fines for the purposes of paragraph (e) of subsection 1.
(Added to NRS by 1975, 1469; A 1995, 1052; 2001, 510 ; 2003, 3421 )
1. The following acts, among others, constitute cause for
disciplinary action:
(a) A holder of a certificate of registration has signed or sealed
instruments of service which were not prepared by him or under his direct
supervision.
(b) A holder of a certificate of registration has permitted the use
of his signature or seal by another person to evade the provisions of
this chapter or any regulation adopted by the Board.
(c) A holder of a certificate of registration has not signed,
sealed or dated instruments of service prepared by him.
(d) A holder of a certificate of registration or certificate to
practice as a landscape architect intern impersonates a landscape
architect or landscape architect intern of the same or similar name.
(e) A holder of a certificate of registration or certificate to
practice as a landscape architect intern practices under an assumed,
fictitious or corporate name.
(f) A holder of a certificate of registration or certificate to
practice as a landscape architect intern practices landscape architecture
in violation of the provisions of this chapter or any regulation adopted
by the Board.
(g) A holder of a certificate of registration or certificate to
practice as a landscape architect intern has obtained his certificate of
registration or certificate to practice as a landscape architect intern
by fraud or misrepresentation.
(h) A holder of a certificate of registration or certificate to
practice as a landscape architect intern is guilty of fraud or deceit in
the practice of landscape architecture.
(i) A holder of a certificate of registration or certificate to
practice as a landscape architect intern is guilty of incompetency,
negligence or gross negligence.
(j) A holder of a certificate of registration or certificate to
practice as a landscape architect intern is convicted of or enters a plea
of nolo contendere to any crime an essential element of which is
dishonesty or which is directly related to the practice of landscape
architecture.
(k) A holder of a certificate of registration or certificate to
practice as a landscape architect intern is guilty of aiding or abetting
any person in the violation of the provisions of this chapter or any
regulation adopted by the Board.
(l) A person practices as a landscape architect with a certificate
of registration or certificate to practice as a landscape architect
intern that has expired or has been suspended or revoked.
(m) A holder of a certificate of registration or certificate to
practice as a landscape architect intern is disciplined by an agency of
another state or foreign country which regulates the practice of
landscape architecture and at least one of the grounds for the
disciplinary action taken is a ground for disciplinary action pursuant to
the provisions of this chapter.
(n) A holder of a certificate of registration or certificate to
practice as a landscape architect intern fails to comply with an order
issued by the Board or to cooperate in an investigation conducted by the
Board.
2. As used in this section:
(a) “Gross negligence” means conduct that demonstrates a reckless
disregard of the consequences affecting the life or property of another
person.
(b) “Incompetency” means conduct that, in the practice of landscape
architecture, demonstrates a significant lack of ability, knowledge or
fitness to discharge a professional obligation.
(c) “Negligence” means a deviation from the normal standard of
professional care exercised generally by other members in the practice of
landscape architecture.
(Added to NRS by 1975, 1469; A 1995, 1052; 2001, 511 ; 2003, 2703 ; 2005, 756 )
[Expires by limitation 2 years after the date of the repeal
of the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to the provisions of NRS 425.540 that
provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is
the holder of a certificate of registration or certificate to practice as
a landscape architect intern, the Board shall deem the certificate of
registration or certificate to practice as a landscape architect intern
issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Board receives a
letter issued to the holder of the certificate of registration or
certificate to practice as a landscape architect intern by the district
attorney or other public agency pursuant to the provisions of NRS 425.550
stating that the holder of the
certificate of registration or certificate to practice as a landscape
architect intern has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to the provisions of NRS 425.560 .
2. The Board shall reinstate a certificate of registration or
certificate to practice as a landscape architect intern that has been
suspended by a district court pursuant to the provisions of NRS 425.540
if the Board receives a letter issued
by the district attorney or other public agency pursuant to the
provisions of NRS 425.550 to the person
whose certificate of registration or certificate to practice as a
landscape architect intern was suspended stating that the person whose
certificate of registration or certificate to practice as a landscape
architect intern was suspended has complied with the subpoena or warrant
or has satisfied the arrearage pursuant to the provisions of NRS 425.560
.
(Added to NRS by 1997, 2111; A 2001, 512 ; 2005, 2807 , 2810 )
1. The Board, any member of the Board or any other person who
becomes aware that any one or more of the grounds for initiating
disciplinary action may exist as to a holder of a certificate of
registration or certificate to practice as a landscape architect intern
may file a complaint specifying the relative facts with the Executive
Director of the Board.
2. A complaint must be made in writing and be signed and verified
by the person making it.
(Added to NRS by 1975, 1468; A 1995, 1053; 2001, 512 )
1. When a complaint is filed with the Executive Director of the
Board, it must be considered by the President of the Board or a member of
the Board designated by him. If it appears to the President or the person
designated by him that further proceedings are warranted, he shall report
the results of his investigation together with his recommendation to the
Board in a manner which does not violate the right of the person charged
in the complaint to due process in any later hearing on the complaint.
2. The Board shall promptly make a determination with respect to
each complaint reported to it by the President or a person designated by
him and shall dismiss the complaint or proceed with disciplinary action
pursuant to chapter 622A of NRS.
(Added to NRS by 1995, 1048; A 2005, 757 )
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807
.)
Repealed. (See chapter
225, Statutes of Nevada 2005, at page 807 .)
Repealed. (See chapter 225, Statutes of Nevada 2005, at page 807 .)
1. Except as otherwise provided in subsection 2, a complaint must
not be filed against the holder of a certificate of registration or
certificate to practice as a landscape architect intern if 2 years or
more have elapsed since the occurrence of the act or omission alleged as
the ground for disciplinary action.
2. If the act or omission alleges fraud or misrepresentation, the
complaint must be filed within 2 years after the discovery of the fraud
or misrepresentation.
(Added to NRS by 1975, 1469; A 2001, 513 )
MISCELLANEOUS PROVISIONS
In addition to any other
immunity provided by the provisions of chapter 622A of NRS:
1. Any person who, in good faith and without malicious intent,
provides information concerning a holder of a certificate of registration
or certificate to practice as a landscape architect intern or an
applicant for a certificate of registration or certificate to practice as
a landscape architect intern is immune from any civil action for
providing that information.
2. Any person who assists the Board in the investigation or
prosecution of an alleged violation of a provision of this chapter, a
proceeding concerning the issuance or renewal of a certificate of
registration or certificate to practice as a landscape architect intern
or a criminal prosecution is immune from any civil liability for:
(a) Any decision or action taken in good faith and without
malicious intent in response to information acquired by the Board; and
(b) Disseminating information concerning a holder of a certificate
of registration or certificate to practice as a landscape architect
intern or an applicant for a certificate of registration or certificate
to practice as a landscape architect intern to:
(1) Any other licensing board;
(2) A national association of registered boards;
(3) An agency of this State or the Federal Government;
(4) The Attorney General; or
(5) Any law enforcement agency.
(Added to NRS by 2001, 500 ; A 2005, 757 )
1. Except as otherwise provided in this section, a record of the
Board that relates to an employee of the Board or an examination
administered by the Board is confidential.
2. The records described in this section may be disclosed,
pursuant to procedures established by regulation of the Board, to:
(a) A court;
(b) An agency of the Federal Government;
(c) Another state;
(d) A political subdivision of this State; or
(e) Any other related professional board or organization.
3. The Board may report to any other related professional board
and organization the score of an applicant on an examination administered
by the Board.
4. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
5. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all other documents and information
considered by the Board when determining whether to impose discipline are
public records.
6. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 2001, 498 ; A 2005, 758 )
Repealed. (See chapter 225,
Statutes of Nevada 2005, at page 807 .)
All advertising by or business cards of a holder of a
certificate of registration must include the number of his certificate of
registration.
(Added to NRS by 1995, 1048; A 2001, 513 )
No person may bring or maintain any
action in the courts of this State for the collection of compensation for
the performance of any act or contract for which a certificate of
registration or certificate to practice as a landscape architect intern
is required by this chapter without alleging and proving that the
plaintiff in the action was registered pursuant to the provisions of this
chapter at all times during the performance of the act or contract.
(Added to NRS by 2001, 501 )
PENALTIES; INJUNCTIVE RELIEF
Any person who:
1. Violates any of the provisions of this chapter;
2. Having had his certificate of registration or certificate to
practice as a landscape architect intern suspended or revoked, continues
to solicit business or otherwise represent himself as a landscape
architect or landscape architect intern;
3. Engages in the practice of landscape architecture without
holding a certificate of registration or certificate to practice as a
landscape architect intern; or
4. Uses the title or term “landscape architect,” “landscape
designer,” “landscape consultant,” “landscape draftsman” or “landscape
architect intern,” or any other title or term indicating or implying that
he is a landscape architect or landscape architect intern, in any sign,
card, listing, advertisement or in any other manner without holding a
certificate of registration or certificate to practice as a landscape
architect intern,
Ê is guilty of a misdemeanor.
(Added to NRS by 1975, 1470; A 1995, 1054; 2001, 513 )
1. In addition to any other penalty provided by law, a person who
violates any provision of this chapter or any regulation adopted by the
Board is subject to a civil penalty of not more than $5,000 for each
violation. Any such penalty must be imposed by the Board at a hearing
conducted pursuant to the provisions of chapter 622A of NRS.
2. If a person does not pay a civil penalty imposed pursuant to
subsection 1 within 60 days after the order of the Board becomes final,
the order may be executed upon in the same manner as a judgment issued by
a court.
(Added to NRS by 1995, 1048; A 2005, 758 )
1. A violation of a provision of this chapter by a person:
(a) Unlawfully representing himself as a landscape architect,
landscape designer, landscape consultant, landscape draftsman or
landscape architect intern, or using any other title or term indicating
or implying that he is a landscape architect or landscape architect
intern; or
(b) Engaging in the practice of landscape architecture,
Ê without holding a certificate of registration or certificate to
practice as a landscape architect intern, may be enjoined by a district
court on petition by the President of the Board in the name of the Board.
In any such proceeding, it is not necessary to show that any person is
individually injured.
2. If the respondent in a proceeding specified in subsection 1 is
found guilty of:
(a) Unlawfully representing himself as a landscape architect,
landscape designer, landscape consultant, landscape draftsman or
landscape architect intern, or using any other title or term indicating
or implying that he is a landscape architect or landscape architect
intern; or
(b) Engaging in the practice of landscape architecture,
Ê without holding a certificate of registration or certificate to
practice as a landscape architect intern, the court shall enjoin him from
continuing that representation, usage or practice. The procedure in such
cases must be the same as in any other application for an injunction. The
remedy by injunction is in addition to any criminal prosecution and
punishment or any disciplinary action taken by the Board.
(Added to NRS by 1975, 1470; A 1995, 1054; 2001, 514 )
