New Nevada State Board of Landscape Architecture Quarterly Board …nsbla.nv.gov/.../Meetings/2016/Supplemental-Materials.pdf · 2016. 11. 23. · Year 2016-17. The current budget

Nevada State Board of Landscape Architecture Quarterly Board Meeting Minutes

August 26, 2016 Members Present: Dale Doerr, Melinda Gustin, Ryan Hansen, Stan Southwick, Amie Wojtech Staff Present: Henna Rasul, Senior Deputy Attorney General Ellis Antuñez, Executive Director Public/Guests: None Call to Order: 9:09 AM by President, Dale Doerr, a quorum was established as all board

members were present. Public Comment: None Minutes of May 14, 2016 Meeting: The minutes were approved; motion by Melinda Gustin,

Second by Amie Wojtech Old Business: 4A Strategic Plan: 4A Strategic Plan: Melinda Gustin presented a

strategic plan from the California Landscape Architecture Technical Committee. See Appendix A. On the NSBLA Website there is a Mission and a Vision for the board. The Strategic Plan would be part of board policy not in NAC 623A. Some goals were mentioned that should be reviewed on a continuing basis. Motion: All members to review goals, mission and vision and send comments to Ellis. Ellis will format and send out the collated information, for the November meeting. Timeline to possibly be ready by 2017. Motion made by: Ryan Hansen; Second-Amie Wojtech. Motion Passed.

4B Continuing Education (CE) was discussed. Establish a time-line for

the implementation of the CE, including workshops that are needed, one in the Northern part of the state and one in the Southern part of the state.

All members were directed by President Doerr to write down what classes or associations that they know of or use for current continuing education credits

Motion: continue working on the overall structure, following the model as outlined in NAC 623.630 through NAC 623.646, outline of the Nevada State Board of Architecture, Interior Design, and Residential Designers (NSBAIDRD), modify it to use for NSBLA the number of credits will be 12 hours annually, listed in the NAC a maximum of 4 hours of self-study, a list of acceptable classes will be developed as part of policy, an example; LACES classes, with General Subject Matter listed in NAC 623A. Ryan, Dale and Ellis to work on this and send to Henna Rasul for review, with a 2018 timeline to complete. Have this ready for November meeting. Motion made by: Melinda Gustin; Second-Stan Southwick. Motion Passed Unanimously.


August 26, 2016 5A Executive Director Report: Ellis Antuñez, presented from the

supplemental materials, the first month Profit & Loss statement for Fiscal Year 2016-17. The current budget with the month of July through August 19, 2016 indicating the current amount in the checking account of the board was also presented. Ellis handed out a statement of assets of the Fiscal Year 2015-16 ending June 30, 2016. Assets of the board includes, checking, savings and CD accounts. The total assets $74,110.40 as of June 30, 2016. Discussion followed for the Executive Director to apply for a credit card. This would be safer than using the debit card for purchases. Motion to approve financial report and authorize the Executive Director to apply for a Credit Card for the board: made by Ryan Hansen; Second by Amie Wojtech. Motion Passed. 5B Current number of Active Registered Landscape Architects are 375 and 3 Emeritus Landscape Architects. 5C Requested board members review the website and contact Ellis if there are any changes they would like to see. 5D A quick tour of the office and the complex was taken during a break. 6A Motion by Melinda Gusting, Second by Stan Southwick to rewrite a letter to Kreg Mebust at Truckee Meadows Community College in support of maintaining a Landscape Architecture degree with emphasis on the current Landscape Architect-in-training designation for students graduating from the program being a viable step to licensure. 6B No action as this item is being reviewed by the Attorney General’s Office and current legislators for drafting a bill. 6C Ellis will be the initial tracking person on this. Board members are reminded to be ready if needed to testify in Carson City at the legislature. No motion needed. 6D Henna Rasul explained the procedure for sending the Secretary of State the sections of the Nevada Administrative Code (NAC) that specifies the board’s definition of practice and enforcement section 410 through 600. Ellis will submit the information on the form sent by the Secretary of State. 6E Motion to allow the Executive Director to approve reciprocity candidates that hold a Council of Landscape Architecture Registration Board (CLARB) record for licensure. Candidates that do not have a CLARB record or are new by examination will be brought to the board for approval. Motion by: Amie Wojtech; second by Ryan Hansen.


August 26, 2016

6F Henna Rasul discussed the need for workshops in regards to modifying NAC 623A.507 and NRS 623A.305 as it pertains to hearing notification and review. Hearings will be scheduled in Northern Nevada and Southern Nevada for input from licensees and the public. The board is advised to review NRS 622 and NRS 622A for provisions concerning discipline as this governs all boards. These will be separate from the hearings to be set for Continuing Education workshops. 7A Stan Southwick will represent the Nevada State Board at the Annual CLARB meeting in Philadelphia. Ellis will be the Member Board Executive at the meeting. 7B The board voted for Andrianne Weremchuk and Nicole Crutchfield for the Nominating Committee. All other position will be by acclimation as there is only one person running for the other offices that this board can vote for. 7C CLARB and ASLA are following closely the events that are taking place throughout the country after the North Carolina Dental Board decision. More will be discussed at the Annual Meeting in Philadelphia. 8A The following people were approved for licensure by Reciprocity: motion by Stan Southwick; Second by Ryan Hansen. Motion Passed.

A. Richard Centolella, License No. 966 B. Jeff Denzak, License No. 967 C. John Nicolaus, License No. 968 D. Roger Socha, License No. 969 E. Stacy Weaks, License No. 970 F. Daniel Wojtala, License No. 971

9. Topics for future meetings were discussed: Contact and review other boards and how they work, i.e. Occupational Therapy Board, Funeral Board. Continue with Continuing Education and Strategic Plan. Review of Nevada Specific Exam. 10. The fall quarter meeting is typically held in the southern part of the state. Location: Las Vegas area. Date: December 2 or 3, 2016. Exact location to be determined. 11. Public Comment Period: None 12. Adjournment: 3:51PM

Strategic PlanApproved: June 10, 2015

Landscape Architects Technical Committee

Department of Consumer Affairs

PUBLIC PROTECTION THROUGH EXAMINATION, LICENSURE, AND REGULATION 2015-2016

Agenda Item 4A

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Table of Contents COMMITTEE MEMBERS.......................................................................................... MESSAGE FROM THE COMMITTEE CHAIR..............................................................

ABOUT THE LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE ............................ HOW THE LATC ACHIEVES ITS MISSION ................................................................. 2014 LATC ACCOMPLISHMENTS............................................................................. MISSION, VISION, & VALUES.................................................................................. STRATEGIC GOALS .................................................................................................. GOAL 1: REGULATION AND ENFORCEMENT .......................................................... GOAL 2: PROFESSIONAL QUALIFICATIONS............................................................. GOAL 3: PUBLIC AND PROFESSIONAL AWARENESS ............................................. GOAL 4: ORGANIZATIONAL RELATIONSHIPS........................................................ GOAL 5: ORGANIZATIONAL EFFECTIVENESS ........................................................ STRATEGIC PLANNING PROCESS .......................................................................... APPENDIX A: ORGANIZATIONAL STRUCTURE ......................................................

Committee Members

David A. Taylor, Jr., Chair | Landscape Architect Member

Katherine Spitz | Landscape Architect Member

Andrew Bowden | Landscape Architect Member

Nicki Johnson | Landscape Architect Member

Trish Rodriguez | Program Manager

Douglas R. McCauley, Executive Officer

Landscape Architects Technical Committee Strategic Plan 2015-2016 | Page 1

Message from the Committee Chair The Landscape Architects Technical Committee (LATC) is pleased to present its 2015-2016 Strategic Plan. The strategic planning process has been a collaborative effort between LATC members, staff, and the public.

2014 marked the completion of the LATC’s Occupational Analysis (OA), a significant project that measures the current knowledge, skills, and abilities that are necessary in the profession. Conducted every five to seven years, the OA surveys the profession as to what tasks are required, how often they are performed, and how important they are to protect the public health, safety, and welfare. That data is then formatted into a “test plan” that is the basis for the content of the California Supplemental Examination.

The Sunset Review process was a major undertaking in 2014. This endeavor takes place every four years. It commences with the preparation of a major report, which was submitted in October 2014, describing the LATC’s programs, metrics, and recommendations for improvement. The process fosters a healthy self-examination, and an opportunity to showcase innovations and learn from best-practices. LATC’s Sunset hearing was March 18, 2015, and the LATC did not receive additional questions during the hearing. Written responses were submitted to the Legislature on April 16, 2015.

The outcomes from the Sunset Review will help drive future strategies. In addition, the 2015-2016 Strategic Plan reflects the LATC’s second multi-year planning process. This enabled the LATC to focus on robust issues to ensure we are proactive, preventive, and a leader in consumer protection.


About the Landscape Architects Technical Committee The Landscape Architects Technical Committee (LATC) was created via Assembly Bill 1546, which became effective January 1, 1998. The Committee was statutorily established under the jurisdiction of the California Architects Board. The Committee’s purpose is to act in an advisory capacity to the Board on examination and other matters pertaining to the regulation of the practice of landscape architecture in California.

The activities of the LATC benefit consumers in two important ways. First, regulation protects the public at large. Second, regulation protects the consumer of services rendered by landscape architects. It is imperative to ensure those who hire landscape architects are protected from incompetent or dishonest landscape architects.

The LATC is one of the boards, bureaus, commissions, and committees within the Department of Consumer Affairs (DCA) and is part of the Business, Consumer Services and Housing Agency. DCA is responsible for consumer protection through the regulation of licensees. While DCA provides administrative oversight and support services, the LATC further sets its own policies, procedures, and regulations.

The LATC is composed of five members who are licensed to practice landscape architecture in this state.


How the LATC Achieves its Mission Regulation

The LATC establishes regulations for examination and licensing of the profession of landscape architecture in California, which today numbers approximately 3,500 licensed landscape architects, as well as approximately 1,200 candidates who are in the process of meeting examination and licensure requirements.

Licensing

A candidate must have six years of qualifying education and training experience* to be eligible for the Landscape Architect Registration Examination (LARE). Candidates must complete the LARE prior to receiving eligibility for the California Supplement Examination (CSE). Successful completion of the CSE is required to fulfill the LATC’s requirements of licensure.

* Credit for education and training is outlined in the Table of Equivalents contained in California Code of Regulations, Title 16, Division 26, section 2620.

Enforcement

The LATC has an active enforcement program designed to ensure the laws governing the practice of landscape architecture are enforced in a fair and judicious manner. The program consists of consumer education and professional information outreach designed to prevent and assist in the early detection of violations. The LATC enforces legal compliance for licensees by taking disciplinary actions against those in violation of the Practice Act.

The LATC’s enforcement program works to address three main goal areas:

1. Establishing regulatory standards of practice for those licensed as landscape architects

2. Increasing public awareness of the LATC’s mission, activities, and services

3. Protecting consumers by preventing violations, and effectively enforcing laws, codes, and standards when violations occur

The LATC is responsible for investigating complaints against licensees and unlicensed individuals. The Board retains the authority on behalf of the LATC to make final decisions on all enforcement actions.


2014 Landscape Architects Technical Committee Accomplishments

1. Completed 2014 Sunset Review Report.

2. Completed 2014 Occupational Analysis (OA), including a focus group.

3. Completed 2014 Linkage Study between the Landscape Architectural Registration Examination, and the California Supplemental Examination.

4. Concluded the Exceptions and Exemptions Task Force.

5. Completed University of California Extension Certificate Program Reviews.

6. Continued success on enforcement performance measures.

7. Effectively managed fiscal resources and requested a reduction in spending authority (Negative Budget Change Proposal).

8. Improved communication through the effective use of social media (Twitter).

9. Extended candidate application filing period.

10.Created additional pathways to licensure, including early entrance to the LARE.


Mission The LATC regulates the practice of landscape architecture through the enforcement of the Landscape Architects Practice Act to protect consumers, and the public health, safety, and welfare while safeguarding the environment.

Vision The LATC will champion a better, healthier, and safer built environment for California.

Values The LATC will strive for the highest possible quality throughout all of its programs, making it an effective and efficient landscape architectural regulatory body. To that end, the LATC will:

• Protect consumers, by making effective and informed decisions in the best interest, and for the safety of Californians

• Be prevention oriented, by providing information and education to consumers, candidates, clients, licensees, and others

• Be proactive, by continuously scanning the field of landscape architecture for changes in practice and legislation that may affect consumers, candidates, clients, and licensees

• Be effective, by making informed decisions that make a difference and have a positive, measurable impact

• Strive for excellence and quality, by continuously improving our programs, services, and processes through employee empowerment and professional development


Strategic Goals

1 REGULATION AND ENFORCEMENT

Protect consumers through effective regulation and enforcement of laws, codes, and standards affecting the practice of landscape architecture.

2 PROFESSIONAL QUALIFICATIONS

Ensure that landscape architects are qualified to practice by setting and maintaining equitable requirements for education, experience and examinations.

3 PUBLIC AND PROFESSIONAL AWARENESS

Increase public and professional awareness of LATC’s mission, activities, and services.

4 ORGANIZATIONAL RELATIONSHIPS

Strengthen effectiveness of relationships with related organizations in order to further LATC mission, goals and services.

5 ORGANIZATIONAL EFFECTIVENESS

Provide accessible and responsive quality services to consumers and licensees.


GOAL 1: REGULATION AND ENFORCEMENT Protect consumers through effective regulation and enforcement of laws, codes and standards affecting the practice of landscape architecture.

1.1 Create and disseminate printed document(s) to educate the public on the differences between landscape architects, landscape contractors, and landscape designers.

1.2 Partner with Council of Landscape Architectural Registration Boards (CLARB) to enhance CLARB’s national enforcement database with California data to strengthen consumer protection during the licensing process.

1.3 Finalize and implement regulations and procedures pertaining to the extension certificate programs and the approval process to maintain consistency, as well as concurrency with accreditation standards.

1.4 Disseminate information regarding extension programs per the California Code of Regulations, section 2620.5 to other states to encourage reciprocity.

1.5 Amend regulations to incorporate the updated Disciplinary Guidelines to maintain consistent decisions in disciplinary cases.


GOAL 2: PROFESSIONAL QUALIFICATIONS Ensure that landscape architects are qualified to practice by setting and maintaining equitable requirements for education, experience and examinations.

2.1 Inform/communicate with schools regarding areas of the LARE with low pass rates in order to recommend areas of improvement in education.

2.2 Establish equitable reciprocity guidelines, without altering the entry standards of the profession, to widen path to licensure.

2.3 Review California Code of Regulations, section 2620 to clarify credit and experience combinations and provide justification for consistent staff interpretation of exam eligibility for potential licensees.

2.4 Review California Code of Regulations, section 2620 to expand credit for education experience to include degrees in related areas of study, i.e., urban planning, environmental science or horticulture, etc., and credit for teaching.

2.5 Review California Code of Regulations, sections 2624 and 2624.1 and assess whether any revisions are needed to the regulations, procedures, and instructions for expired license requirements

2.6 Reclassify the CSE item bank upon the results of the 2014 Occupational Analysis (OA) in order to ensure the item content reflects the critical tasks and knowledge related to newly-licensed landscape architects as identified by the OA and to maintain relevance with contemporary practice.


GOAL 3: PUBLIC AND PROFESSIONAL AWARENESS Increase public and professional awareness of LATC’s mission, program, and services.

3.1 Develop a plan to communicate with licensees and stakeholders about new or revised regulations and upcoming laws to be proactive in reducing violations.

3.2 Establish LATC’s presence at the Landscape Architects Expo and other industry shows to increase exposure and communicate LATC’s mission with stakeholders.

3.3 Review and update the LATC website to ensure information is current, accurate, and accessible.

3.4 Adopt new methods and identify new resources to effectively educate consumers regarding health, safety and welfare issues.


GOAL 4: ORGANIZATIONAL RELATIONSHIPS Strengthen effectiveness of relationships with related organizations in order to further LATC mission, goals and services.

4.1 Develop relationships with other regulatory boards and provide input where needed so that future legislation and regulations are compatible with LATC’s mission and mandate.

4.2 Explore methods for developing a teleconferenced Educator’s Roundtable comprised of school representatives to increase collaboration and communication for future LATC strategic plans.

4.3 Develop/research methods to share information with school faculty regarding issues such as newly revised language for California Code of Regulations, section 2620 and future testing.

4.4 Increase the LATC’s participation in CLARB.


GOAL 5: ORGANIZATIONAL EFFECTIVENESS Provide accessible and responsive quality service to consumers and licensees.

5.1 Identify ways, means and methods to increase office efficiencies by assessing existing workload allocation, processes and procedures.

5.2 Review LATC’s organizational chart to identify upward mobility opportunities through promotion and education in order to increase staff retention.

5.3 Contract with a part-time licensed Landscape Architect Subject Matter Expert in order to encourage consistency for enforcement, regulatory and statute interpretation.

5.4 Partner with DCA to successfully implement BreEZe1 to improve consumer, candidate, and licensing services.

5.5 Complete the Sunset Review process and implement recommendations to comply with the legislature’s directives.

1 BreEZE is DCA’s new enterprise-wide licensing and enforcement system that replaces legacy systems.


Strategic Planning Process To understand the environment in which the Committee operates and identify factors that could impact the Committee’s success, the Department of Consumer Affairs’ SOLID unit conducted an environmental scan of the internal and external environments by collecting information through the following methods:

• Telephone interviews with Committee identified representatives of stakeholders in December 2014 and January, 2015.

• Telephone interviews with Committee members in December 2014 and January 2015.

• Telephone interviews with the Program Manager in January 2015.

The most significant themes and trends identified from the environmental scan were discussed by the Committee during a strategic planning session facilitated by SOLID on February 11, 2015. This information guided the Committee in the development of its mission, vision and values, while directing the strategic goals and objectives outlined in this 2015 – 2016 Strategic Plan.


Appendix A: Organizational Structure The Committee’s organizational structure is provided below:

BOARD

JON A. BAKER, PRESIDENT PASQUAL GUTIERREZ, VICE PRESIDENT

TIAN FENG, SECRETARY DENISE CAMPOS

SYLVIA KWAN EBONY LEWIS

MATT MCGUINNESS NILZA SERRANO BARRY WILLIAMS

DOUG MCCAULEY, EXECUTIVE OFFICER

LANDSCAPE ARCHITECTS TECHNICAL COMMITTEE

DAVID A. TAYLOR, JR., CHAIR KATHERINE SPITZ, VICE CHAIR

ANDREW BOWDEN NICKI JOHNSON

TRISH RODRIGUEZ, LATC PROGRAM MANAGER


Landscape Architects Technical Committee

2420 Del Paso Road, Suite 105 Sacramento, CA 95834

(916) 575-7230 fax: (916) 575-7285

email: [email protected]

Prepared by:

Department of Consumer Affairs 1747 N. Market Blvd., Suite 270 Sacramento, CA 95834

This strategic plan is based on stakeholder information and discussions facilitated by SOLID for the Landscape Architects Technical Committee in December 2014 and January 2015. Subsequent amendments may have been made after Committee adoption of this plan.

mailto:[email protected]

Items 4 B & C:

Public Hearings and Notifications Procedure for FY2017-18

1) Preliminary Schedule:

a) Draft wording presented by committee-as-a-whole June 2017

b) Send draft to Legislative Council Bureau (LCB) for review July 2017

c) September 2017 Workshop in the North

d) December 2017 Workshop in the South

e) Board to review comments from workshop and send to LCB at December 2017 meeting

f) 2018 adoption of regulations by legislative commission.

1) NRS 623A.215 Certificate of registration: Continuing education; regulations. 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 the 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 the certificate. (Added to NRS by 2001, 501)

NAC 623A.507 Complaints against certificate holders: Review by designated member of the Board to determine completeness. (NRS 623A.130) 1. Upon the receipt of a complaint, the designated member of the Board shall review the

complaint to determine if the complaint is complete by adequately setting forth:

(a) The nature of the complaint;

(b) The identity of the complainant; and

(c) The identity of the respondent.

2. The designated member of the Board may consult with the Executive Director in

conducting the review of the complaint pursuant to subsection 1.

3. If the designated member of the Board determines that the complaint does not meet the

requirements of subsection 1, the designated member of the Board shall:

(a) If the complaint was not submitted on the official complaint form of the Board, provide to

the person filing the complaint the official complaint form of the Board.

(b) Request that the person submitting the complaint provide the information that the

designated member of the Board has determined to be missing from the complaint.

Code of Conduct

The Practice of Landscape Architecture (as per NRS 623A)

The 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 landfeatures, 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, wearand tear, lighting characteristics, and design of landscape irrigation, lighting and grading.

It is expected that the landscape architecture will hold a high standard of integrity, dignity and professional responsibility.

Good Moral Character (as per NRS 623.065)

For the purposes of this code of conduct, a landscape architect and Landscape Architect-in-Training is expected to uphold good moral character exhibited by the following:

1. Has not been convicted of a felony, misdemeanor or gross misdemeanor that isdirectly related to the practice of landscape architecture;

2. Has not committed an act involving dishonesty, fraud, misrepresentation, breachof a fiduciary duty, gross negligence or incompetence while engaged in thepractice of landscape architecture;

3. Is not incarcerated in a jail or prison at the time of submitting an application for acertificate 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 topractice as a landscape architect intern; or

(b) The taking of one or more examinations pursuant to the provisions of thischapter;

Agenda Item 4C

5. Has not had a 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, 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.

Standards for ethical conduct of registrants (as per NAC 623A.480)

A registrant shall uphold and advance the honor and dignity of the profession by maintaining a high standard of ethical conduct. In particular, the registrant:

1. Shall exert every effort toward the preservation and protection of the natural resources and toward understanding the interaction of the economic and social systems with these resources.

2. Shall have a social and environmental responsibility to merge the public’s needs and the natural environment with minimal disruption of the natural system.

3. Shall further the public health, safety and welfare and advance the profession by constantly striving to provide the highest level of professional services and avoiding the appearance of improper conduct.

4. Shall serve the person’s client or employer with integrity, understanding, knowledge and creative ability and consider social, political, economic and technological influences.

5. Shall encourage educational research and the development and dissemination of useful technical information relating to the planning, design and construction of the physical environment.

Professional conduct and duties of certificate holders and grounds for disciplinary action (NAC.623A.490)

1. A certificate holder shall not perform or attempt to perform a professional service relating to landscape architecture unless the person is qualified by education and experience to perform that service. A certificate holder may accept employment which requires practice in a related design field if he limits his actual practice to those areas in which he is qualified. The person may associate with other professional persons to the extent necessary. When practicing in a related design field, the certificate holder must be held to the same standards of technical knowledge and skill as apply to that profession.

2. If a certificate holder observes a situation or circumstance which, in the persons’ professional opinion, could result in a threat to the public health, safety and welfare, the certificate holder shall notify the responsible party, official, agency or board, as may be appropriate, of the potential threat.

3. A certificate holder shall not accept the work project or employment where the persons’ duty to a client or the public would conflict with his personal interest or the interest of another client of the certificate holder without full disclosure of all material facts of the conflict to each person who might be related to or affected by the project or employment.

4. A certificate holder shall not accept compensation from more than one person for services related to the same project or professional employment without making full disclosure to and obtaining the express written consent of all such persons.

5. A certificate holder shall not give, lending or promise anything of value to a public officer with the intent to influence or attempt to influence the officer’s judgment or actions.

6. A certificate holder shall not attempt to obtain, offer to undertake or accept a work project or employment for which he knows another legally qualified person or firm has been selected or employed until the person has evidence that the latter agreement has been terminated.

7. A certificate holder shall not engage in fraud, deceit, misrepresentation, exaggeration or concealment of material facts in advertising, soliciting or providing professional services.

8. A certificate holder shall accurately represent his qualifications and the scope and nature of his responsibilities in connection with work for which he is claiming credit.

9. A certificate holder shall not maliciously injure the professional reputation, business prospects or practice of another certificate holder or professional person.

10. A certificate holder shall comply with all federal, state, municipal and county laws, codes, ordinances and regulations pertaining to the practice of landscape architecture.

11. A certificate holder shall not engage in conduct which involves fraud or the wrongful exploitation or the rights of other persons and shall not counsel or assist a client in conduct that the certificate holder knows, or should know, involves fraud or other illegal acts.

12. A certificate holder shall not materially alter the scope or objectives of a project without the consent of the client. The certificate holder shall keep the client fully informed of any changes in the scope of a project.

13. A certificate holder, who reasonably believes, based on substantial information, that another landscape architect or landscape architect intern has committed a violation of this code of conduct and chapter 623A of NRS/NAC which raises a serious question as to the honesty, trustworthiness or fitness of that landscape architect or landscape architect intern shall report that information to the Board.

14. A certificate holder shall notify the Board within 30 days after any disciplinary action or judgment against the certificate holder issued by any public agency or court which substantially relates to the qualifications, functions or duties of the practice of landscape architecture.

15. A certificate holder shall not: (reference NRS 425.520) a. Fail to make timely payments for the support of one or more children

pursuant to a court order; or b. Fail to comply with any warrant or subpoena relating to a proceeding to

determine the paternity of child or to establish or enforce an obligation for the support of one or more children.

16. Any violation of this code of “conduct” and/or Chapter 623A or NRS/NAC is a ground for disciplinary action.

Item 4B

For Reference from NAC 623 with modifications in Red and strike-outs

Continuing Education

NAC 623A General requirements; approval by Board. (NRS 623.140, 623.255)

1. Except as otherwise provided in NAC 623.638, to renew a certificate of registration, theregistrant must complete at least 12 continuing education units annually. The continuing education units must include:

(a) Not more than 4 continuing education units in self-directed educational activities pursuantto NAC 623.632;

(b) Not less than 4 continuing education units in structured educational activities pursuant toNAC 623.634; and

(c) Not less than 2 continuing education units in self-directed educational activities orstructured educational activities in research or learning relating to relevant subjects building codes.

2. Continuing education may be completed in any jurisdiction and at any location.

3. All courses of instruction, continuing education units and contact hours must be approvedby the Board.

4. Continuing education units in self-directed educational activities or structurededucational activities required by paragraphs (a) and (b) of subsection 1 may only be earned in activities that are not part of the regular day-to-day business activities of the registrant.

5. The Board may approve one-half of a continuing education unit for a partial contact hourof not less than 25 minutes of learning or instruction.

(Added to NAC by Bd. of Architecture, Interior Design & Residential Design by R154-08, 12-17-2008, eff. 1-1-2010)

NAC 623A Self-directed educational activities. (NRS 623.140, 623.255)

1. The self-directed educational activities in which a registrant may earn the continuingeducation units required by paragraph (a) of subsection 1 of NAC 623.630 include, without limitation:

(a) Active participation as an officer or a committee or board member of a professionalsociety, organization, board or commission which is related to the registrant’s profession.

http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-623.html#NRS623Sec140


http://www.leg.state.nv.us/Division/Legal/LawLibrary/NAC/NAC-623.html#NAC623Sec638






(b) Completion of a course of self-study sponsored by a professional association, a course that is architecturally, environmentally and ecologically significant, or an organized individual or group study on a topic which is related to the registrant’s profession.

(c) Making a professional or technical presentation at a meeting, convention or conference.

(d) Participation in an activity that contributes to the welfare of the community and is related to the registrant’s profession.

(e) Publication of material that is related to the registrant’s profession in a paper, article or book.

(f) Reading a book or magazine article that is related to the registrant’s profession.

(g) Serving as a mentor or supervisor for an Emerging Landscape Architect and/or a Landscape Architect Intern the Intern Development Program of the National Council of Architectural Registration Boards or the Interior Design Experience Program of the National Council for Interior Design Qualification. A registrant may not claim more than 2 continuing education units annually pursuant to this paragraph.

(h) Teaching or instructing a topic that is related to the registrant’s profession. A registrant may not claim continuing education units pursuant to this paragraph more than once for the same or similar presentations, or if the registrant is a part-time or full-time faculty member at a college, university or other educational institution.

(i) Viewing a video presentation that is related to the registrant’s profession.

(j) Visiting a site that is architecturally, environmentally, or of historical landscape significant to maintain and strengthen competency in the registrant’s profession.

2. The Board may require a detailed synopsis or report concerning any continuing education units claimed by a registrant for a self-directed educational activity.

3. As used in this section, unless the context otherwise requires, “self-directed educational activity” means an educational activity which primarily consists of a registrant engaging in an activity concerning a subject relating to public health, safety and welfare which is not systematically presented by another person, including the study of such subjects.


NAC 623A Structured educational activities. (NRS 623.140, 623.255)

1. The structured educational activities in which a registrant may earn the continuing education units required by paragraph (b) of subsection 1 of NAC 623.630 include, without limitation:




(a) Attendance at a meeting, convention or conference;

(b) Attendance at an in-house program sponsored by a corporation or other organization;

(c) Successful completion of a course sponsored by a college or university; and

(d) Successful completion of a seminar, tutorial, short course, Internet course or correspondence course.

2. To receive credit for a structured educational activity, a registrant must have received documentation of completion of the structured educational activity from the sponsor of the activity.

3. The Board may require a detailed synopsis or report concerning any continuing education units claimed by a registrant for a structured educational activity.

4. Not more than 4 continuing education units earned by a registrant in structured educational activities in a calendar year may be carried forward and applied to the requirements for continuing education applicable to the next following calendar year.

5. As used in this section, unless the context otherwise requires, “structured educational activity” means an educational activity in which the teaching methodology consists primarily of the systematic presentation of technical and professional subjects by a person or group of persons qualified by professional, practical or academic experience to conduct the educational activity.


NAC 623A Subjects of study. (NRS 623.140, 623.255) All continuing education units claimed by a registrant for self-directed educational activities and structured educational activities must encompass the study of relevant technical and professional subjects relating to the safeguarding of life, health and property and promoting the public welfare, including, without limitation:

1. Accessibility; 2. Acoustics; 3. Codes of ethics; 4. Construction administration; 5. Contracts, including, without limitation, relevant laws and other legal matters relating to construction; 6. Documents and services relating to construction; 7. Energy efficiency; 8. Environmental analyses and issues relating to building materials and systems; 9. Environmental issues relating to toxicity, including, without limitation, asbestos, lead-based paint and emissions;



10. Fire, including, without limitation, fire codes for buildings, spreading of flames, smoke contribution and explosives; 11. Functions, materials, methods and systems of construction; 12. Insurance to protect the owners of property and injured parties; 13. Laws and regulations governing the practice of architecture, interior design and residential design; 14. Life-safety codes; 15. Materials and systems, including, without limitation, roofs, waterproofing and walls; 16. Mechanical, plumbing and electrical systems, including, without limitation, concepts, materials and methods; 17. Natural hazards relating to building design, including, without limitation, earthquakes, hurricanes and floods; 18. Preservation, renovation, restoration and adaptive reuse; 19. Programming and design; 20. Security of buildings relating to building design; 21. Site and soil analysis; 22. Site design; 23. Specification writing; 24. Standards for fire safety systems, fire detection and alarms; 25. Structural issues relating to design; 26. Surveying methods and techniques; 27. Sustainable design; and 28. Uses, functions and features of materials used in construction.


NAC 623A Exemptions. (NRS 623.140, 623.255)

1. A registrant holding an initial certificate of registration issued by the Board, not including a temporary certificate of registration, is exempt from the requirements for continuing education for the year in which the certificate of registration was issued and the next following year.

2. A registrant who serves on active duty in the Armed Forces of the United States for a period of more than 120 consecutive days during a calendar year is exempt from the requirements for continuing education for that calendar year.

3. The Board may exempt a registrant from the requirements for continuing education if the registrant cannot meet the requirements because of illness, physical disability or undue hardship, as determined by the Board based on documentation provided by the registrant before the date of expiration of the certificate of registration.


NAC 623A Retention of certain records by registrant. (NRS 623.140, 623.255)





1. Each registrant who claims credit for continuing education units earned during a calendar year shall retain records sufficient to support the continuing education units claimed for not less than 3 years after the date of renewal of his or her certificate of registration. The records must include any continuing education units that the registrant has carried forward.

2. The records that must be retained by a registrant include, without limitation:

(a) A log, on a form prescribed by the Board, which shows the type of activity claimed, sponsoring organization, location, duration, name of the instructor or speaker, and continuing education units earned;

(b) Verification of attendance, in the form of a certificate of completion, signed attendance receipt, paid receipt, copy of a list of all persons who attended the activity signed by the person in charge of the activity, or other documentation supporting evidence of attendance; or

(c) Records as maintained by professional repositories which are approved by the Board, including, without limitation, the American Society of Landscape Architects, Council of Landscape Architecture Registration Boards, American Institute of Architects


NAC 623A Audits by Board. (NRS 623.140, 623.255)

1. The Board may perform random audits of registrants or audits that are based on complaints or charges against registrants to ensure compliance with the requirements for continuing education.

2. If the Board chooses to conduct an audit of a registrant, the Board will notify the registrant of its decision to conduct an audit. The registrant shall provide to the Board detailed information and documentation concerning the continuing education units claimed. Falsification of documentation concerning continuing education is grounds for disciplinary action.


NAC 623A Submission of proof to Board; violation. (NRS 623.140, 623.250, 623.255)

1. Each registrant shall, on or before June 30, of each calendar year, submit to the Board proof of the continuing education units claimed for that calendar year, together with the application for the renewal of registration.

2. If a registrant violates the provisions of subsection 1, the application for renewal must include the appropriate fee set forth in NAC 623A.170 for the late renewal of a certificate of registration.







NAC 623A Noncompliance with requirements. (NRS 623.140, 623.255) Failure of a registrant to complete the requirements for continuing education or satisfy the annual requirement for reporting continuing education units to the Board is grounds for the nonrenewal of his or her certificate of registration.




Agenda Item 4A

Nevada State Board of Landscape Architecture - Strategic Plan November 19, 2016

Note: This strategic plan, once approved, will become part of Board policy

Mission

The mission of the Nevada State Board of Landscape Architects is to regulate the practice of Landscape Architecture in order to protect the public’s health, safety and welfare, while safeguarding our environment.

Vision

The Board will promote a healthier and safer built environment for the state of Nevada through enforcement of the laws governing professional licensure.

Our Values

The Board will serve our constituents first, be proactive and provide information/education to licensees, the general public and potential candidates for licensure.

Strategic Goals

1. Ensure that Landscape Architects are qualified to practice by maintaining requirements for education experience and testing.

2. Protect the public through regulation and enforcement of the Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC).

3. Enforce proper advertising rules and restrictions for licensees. 4. Maintain an office and staff per the requirements of the Attorney General’s Office and NRS

regulations. 5. Keep a current web site for licensee and candidate communication. 6. Remain proactive and strategic to avoid future Board “sunsetting” attempts. 7. Update this strategic plan every two to three years, to stay current and relevant for our

licensees.

Goal 1 Objectives - Ensure that Landscape Architects are qualified to practice by maintaining requirements for education, experience and testing.

1. The Executive Director to review and make recommendations for approval or denial to the Board at quarterly meetings. CLARB (Council of Landscape Architectural Registration Boards) certified applicants to be approved by the Executive Director after submittal and review to speed up the process.

Goal 2 Objectives - Protect the public through regulation and enforcement of the Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC).

1. Investigate and make decisions with potential penalties for licensee complaints, as required by law.

2. Modify the statutes and codes over time as required to stay current with the practice of landscape architecture.

3. Support Nevada schools and universities to promote the practice of landscape architecture. 4. Continue to be a self - sustaining Board without state monetary support. The Board to remain

solvent and healthy, with adequate funding to carry on Board functions.

Goal 3 Objectives - Enforce proper advertising rules and requirements for licensees.

1. Update test questions and administer the Nevada specific exam section. 2. Approve qualified candidates for licensure and reciprocity in a consistent, fair and timely

manner. 3. Continue to communicate with CLARB on national licensing requirements.

Goal 4 Objectives - Maintain an office and staff per the requirements of the Attorney General’s Office and NRS regulations.

1. The Board to keep informed on the latest rules and guidelines from the state to ensure compliance.

2. Provide a timely response to all licensee requests for reports and information. 3. The Board to maintain a concise list of enforcement officers to report and investigate

complaints.

Goal 5 Objectives - Keep a current web site for licensee and candidate communication.

1. Include a current strategic plan, an updated path to licensure, educational programs, CLARB updates and Board contact information.

2. Develop and approve a continuing education requirement for licensee review and approval. Establish criteria and timetable for final approval and NRS revision.

3. At a minimum, provide quarterly updates to the website. Encourage Board member and licensee posts to the site. Coordinate with the State on a website update schedule.

Goal 6 Objectives - Remain proactive and strategic to avoid future “sunsetting” legislation.

1. Maintain good working relationships with related boards, professional groups (ASLA – American Society of Landscape Architects, and NLA), legislative members and the Attorney General’s Office.

2. Board members to stay current by attending annual seminars on ethics and open meeting laws. 3. Identify and retain qualified and enthusiastic Board members for long term continuity.

Goal 7 Objectives - Update this strategic plan every two to three years in order to stay current and relevant for our licensees.

1. The plan should reflect local, regional and national trends, ideas and policy revisions. 2. The plan must remain consistent with the plans prepared by related professions, the ASLA and

CLARB.

List of 2016 Board Accomplishments

1. Complied with the requirements for an office open to the public per the standards set by the Attorney General’s office.

2. Found and hired a new Executive Director with experience and knowledge of the profession. 3. Developed and adopted an updated Strategic Plan 4. Worked towards the establishment of a continuing education program. 5. Worked with CLARB on world and national regulation and trends, and how those may affect

Nevada in the future. Participated in CLARB annual meetings and webinars. 6. Currently developing updated Nevada specific exam questions.

110 Country Estates Circle Suite 2 | Reno NV 89511 | Ph: 775.624.9108 | Fax 888.506.8025 | schettlermacy.com

November 16, 2016

To the Board of Trustees and Management

Nevada State Board of Landscape Architecture

Reno, Nevada

We have audited the financial statements of the governmental activities, and the General Fund of

the Nevada State Board of Landscape Architecture (Board) for the year ended June 30, 2016.

Professional standards require that we provide you with information about our responsibilities

under generally accepted auditing standards and Government Audit Standards, as well as certain

information related to the planned scope and timing of the audit. We have communicated such

information in our letter to you dated August 16, 2016. Professional standards also require that we

communicate to you the following information related to our audit.

Significant Audit Matters

Qualitative Aspects of Accounting Practices

Management is responsible for the selection and use of appropriate accounting policies. The

significant accounting policies used by the Board are described in Note 1 to the financial

statements. No new accounting policies were adopted and the application of existing policies was

not changed during fiscal year 2016. We noted no transactions entered into by the Board during

the year for which there is a lack of authoritative guidance or consensus. All significant

transactions have been recognized in the financial statements in the proper period.

Accounting estimates are an integral part of the financial statements prepared by management and

are based on management’s knowledge and experience about past and current events and

assumptions about future events. Certain accounting estimates may be particularly sensitive

because of their significance to the financial statements and because of the possibility that future

events affecting them may differ significantly from those expected.

The financial statement disclosures are neutral, consistent, and clear.

Difficulties Encountered in Performing the Audit

We encountered no significant difficulties in dealing with management in performing and

completing our audit.

Agenda Item 5C


Page 2

November 16, 2016

Corrected and Uncorrected Misstatements

Professional standards require us to accumulate all known and likely misstatements identified

during the audit, other than those that are clearly trivial, and communicate them to the

appropriate level of management. Management has corrected all such misstatements. In addition,

none of the misstatements detected as a result of audit procedures and corrected by management

were material, either individually or in the aggregate, to each opinion unit’s financial statements

taken as a whole.

Disagreements with Management

For purposes of this letter, professional standards define a disagreement with management as a

financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that

could be significant to the financial statements or the auditor’s report. We are pleased to report

that no such disagreements arose during the course of our audit.

Management Representations

We have requested and received certain representations from management that are included in the

management representation letter dated November 16, 2016.

Management Consultations with Other Independent Accountants

In some cases, management may decide to consult with other accountants about auditing and

accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation

involves application of an accounting principle to the governmental unit’s financial statements or a

determination of the type of auditor’s opinion that may be expressed on those statements, our

professional standards require the consulting accountant to check with us to determine that the

consultant has all the relevant facts. To our knowledge, there were no such consultations with

other accountants.

Other Audit Findings or Issues

We generally discuss a variety of matters, including the application of accounting principles and

auditing standards, with management each year prior to retention as the governmental unit’s

auditors and/or during the audit fieldwork and completion phases. These discussions occurred in

the normal course of our professional relationship and our responses were not a condition to our

retention.


Page 3

November 16, 2016

Closing Comments

We appreciate the cooperation and courtesies extended to us during the course of the audit and we

look forward to our continued association.

This information is intended solely for the use of the Board of Trustees and the management of the

Nevada State Board of Landscape Architecture and is not intended to be and should not be used

by anyone other than these specified parties.

SCHETTLER MACY & ASSOCIATES, LLC

Agenda Item 5E Nevada Revised Statute Governing Landscape Architecture NRS 623A.250 Conditions under which business organization or association may practice landscape architecture; conditions under which landscape architects may form business organizations or associations with certain other persons; business organization or association and certain owners responsible for violations. 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) NRS 623A.260 Conditions under which business organization or association may establish and operate branch offices. 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)

Nevada Administrative Code Governing Landscape Architecture

NAC 623A.410 Operation of branch office. (NRS 623A.130, 623A.260) Upon the approval of the Board, a group or individual landscape architectural practice which has its headquarters in any state of the United States, any province of Canada or any other jurisdiction approved by the Board may operate a branch office in Nevada. Each branch office must be operated by a current registrant in good standing for whom the branch office is his or her principal place of business. [Bd. of Landscape Arch., § 5.1, eff. 9-9-76]—(NAC A 11-1-95)

http://www.leg.state.nv.us/nrs/NRS-623.html#NRS623Sec349



http://www.leg.state.nv.us/Statutes/58th/Stats197507.html#Stats197507page1467


http://www.leg.state.nv.us/Statutes/71st/Stats200104.html#Stats200104page509



https://www.leg.state.nv.us/NRS/NRS-623A.html#NRS623ASec130


2:30 pm - 7:00 pm Early Registration

THURSDAY OPTIONAL SESSION

3:00 pm - 7:30 pm

7:30 am - 5:00 pm

7:30 am - 8:30 am

8:30 am - 8:45 am

8:45 am -9:00 am

9:00 am -9:30 am

9:30am -10:15 am

Comprehensive Regulatory Training (CRT)

Registration Open

Breakfast

Welcoming Remarks:

FARB President

FARB: An Overview &

Regulatory Perspective

FRIDAY FOCUS

Using Data

Data for Decision Making: What information should be gathered and how is it put to use?

FARB Survey Results: A discussion about best practices

10:15 am -10:45 am Break

10:45am-11:15 am Board Retreats: Missions, visions, values, strategic plan maps

11 :15 am -12:00 pm Sunset Review and Annual Legislative Reports: Board evaluations using data

12:00 pm -1:15pm Lunch

1:15 pm-1:45 pm Award Winning Boards: Accomplishments worth sharing

1 :45 pm -2:30 pm A Legislative Mandate for Board Collaboration: The North Dakota Experience

2:30 pm -3:00 pm

3:00 pm - 3:45 pm

3:45 pm - 4:15 pm

4:15 pm - 5:00 pm

5:00 pm

5:00 pm -6:00 pm

Break

Board Websites:

Perspectives from Boards and Consumers

Regulation in the News

Regulatory Mosh Pit

Recess

FARB Reception

7:30 am-12:30 pm

7:30 am -8:30 am

Registration Open

Breakfast

8:30 am - 9:15 am Examinations: What State Board need to know

9:15 am-10:00 am New Legislation Affecting the Regulatory Community

10:00 am -10:30 am Break

10:30 am -11:30 am Concurrent Sessions: (pick one)

Board Member Focus Board Staff Focus Legal Counsel Focus Association Level Staff Focus

11:30 am -12:30 pm Top Regulatory Cases

12:30 pm Recess

SUNDAY FOCUS

The Discipline Process

7:30 am -8:30 am Breakfast

8:30 am -9:15 am Technology in Investigations

9:15 am -10:00 am T he Discipline Experience: Perspectives of a Complainant and a Disciplined Licensee

10:00 am - 10:15 am Break

10:15 am -11 :00 am Reinstatement Petitions:

Relevant Evidence & Burden

11 :00 am - 11 :30 am Administrative Expungement

11 :30 am Recess

Many thanks to our annual sponsor:

ETHICS AND BOUNDARIES

ASSESSMENT SERVICES LLC

www.ebas.org eOOs ETHICS ANO BOUNDArllES

ASSESSMENT SERVICES LLC

Agenda Item 5F

41st Annual

FARB Forum January 26-39, 2017 Space is limited - Please register by Wednesday, January 18, 2017

Forum Registration Options:

0 FARB Member - $625 0 FARB Non-Member - $750

0 T hursday Comprehensive Regulatory Training - $300

0 Scavenger Hunt on January 28 at 1:30 PM - $15

0 I would like to bring a guest(s) on the scavenger hunt. Please include an extra $15 per guest. Please indicate number of guests and guest names:

Checks may be combined. You may also register and pay by credit card on our website, www.FARB.org. (Please read our Cancellation Policy)

For purposes of Continuing Legal Education credit, are you licensed to practice law? 0 Yes O No

If yes, please identify the state(s) or jurisdiction(s) in which you are currendy licensed. - - --- - - - ------

ATTENDEE NAME

ATTENDEE TITLE

ATTENDEE FIRST NAME ON IDENTIFICATION BADGE

ATTENDEE BOARD/FIRM/AGENCY

ATTENDEE MAILING ADDRESS

ATTENDEE CITY/STATE/ZIP

ATTENDEE TELEPHONE

ATTENDEE E-MAIL ADDRESS

(CERTIFICATES Of ATIENDANCE Will BE E-MAILED TO THIS ADDRESS)

FARB FEDERAL I.D. #23-7375992.

To register by fax or mail, please return the registration form to: Federation of Associations of Regulatory Boards (FARB)

1466 Techny Road

Northbrook, IL 60062

Phone: 847-559-FARB (3272)

Fax: 847-714-9796 • E-mail: [email protected]

.�FABE

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Cl@FARB_ORG

HOTEL ACCOMMODATIONS & LOCATION

A picturesque city in the heart of Texas, San Antonio, home to the

legendary Alamo and world famous River Walk, hosts a vibrant mix of

culture, cuisine, legendary architecture and moving history. The city's

heritage and traditions are rich, as are its modern pleasures. With a

cosmopolitan blend of top-notch golf courses, remarkable dining and

nightlife options, art galleries, spas, theme parks and shopping, there's no

shortage of authentic experiences.

FARB has reserved a block of rooms at the Omni La Mansion de! Rio

specifically for Forum attendees. Please make your reservations early, as

only a limited number of hotel rooms will be available until the cut-off

date of Wednesday, January 4, 2017, or until the group block is sold out,

whichever comes first. Hotel reservations made after this date are subject to

availability and rate increase.

Attendees are responsible for securing their own hotel reservations. Reservations may be made by contacting the Omni La Mansion de! Rio

directly:

Omni La Mansion de! Rio

112 College St.

San Antonio, TX 78205

Reservations: 1-800-THE-OMNI or 210-518-1000

Visit www.FARRorg for a link to online reservations

Please refer to the FARB group when making your reservations to ensure

you get the reduced room rate of$199.00 per night plus tax.

Notification of cancellation MUST be made in writing and sent to

FARB via U.S. mail, e-mail ([email protected]), or fax.

Refunds: If a cancellation is received in writing on or before

Wednesday, January 18, 2017, FARB will:

1. Refund the paid registration fee less a $50 processing charge

2. Charge the registrant a $50 processing charge if the registration

fee has not been paid

Any ·registrants cancelling after Wednesday, January 18, 2017, will be

charged the full registration fee but will receive access to all meeting materials.

The 2017 FARB Forum will bring together leading experts from across the country to discuss the latest trends in professional regulation. This exceptional educational program delivers the tools and information needed to ensure the efficient and effective operation of state regulatory boards. Designed for board members, board administrators, investigators and board attorneys, the Forum is educationally driven and includes sessions related to administering state professional licensing boards. Attendees have the option to attend a four hour Thursday evening Comprehensive Regulatory Training (CRT). The Forum is always interactive and will provide an unparalleled opportunity to network with members of the regulatory community across jurisdictions and professions. As always, throughout the conference, relevant videos and news stories will be presented.

COMPREHENSIVE REGULATORY TRAINING (CRT) This interactive session is designed to provide comprehensive training

for board members, staff, investigators, attorneys and other

stakeholders in the professional regulatory licensing system. The CRT

course has been developed to cover all aspects of regulation and board

operations, including scope of auchoriry, responsibilities, conflicts of

interest, immuniry, discipline and outreach. Attendees may attend just

the CRT without registering for the entire conference.

CONTINUING EDUCATION FARB is an approved Illinois Minimum Continuing Legal Education

(CLE) course provider. We anticipate attendees will earn 11.25 CLE

credit hours at the Forum. Attendees can anticipate an additional 4

hours of CLE credit if attending the optional Comprehensive

Regulatory Training (CRT). Ocher professions may be able to use

FARB courses as continuing education. Attendees must submit

required information to their appropriate jurisdictions as necessary.

FEES Registration for the Thursday Comprehensive Regulatory Training

session is $300 and includes beverages and dinner. Registration fee for

the Forum is $625 for members and $750 for non-members and

includes daily breakfast, lunch on Friday, and a reception Friday

evening. Please forward the registration fee to FARB as soon as possible.

If the fee is not available at the time of registration, it may be sent later

or paid upon arrival at the conference.

MEETING MATERIALS Prior to the conference, all attendees will receive an email with

instructions on how to access the meeting materials online. The

meeting website with the materials will be accessible during the

conference via Wi-Fi.

TRANSPORTATION Attendees are responsible for securing their own shuccle reservations.

Super Shuccle is offering a $17 one-way reduced fare and $30 round trip

fare. The reservation link can be found at www.FARB.org.

SCAVENGER HUNT Join FARB for an amazing scavenger hunt adventure chat will scare in

the center of chis historic ciry and will cake you back in time to explore

che grounds of the Alamo. The adventure will then guide you down

along the River Walk and through the streets to enjoy the modern-day

sights and sounds of the ciry while finding historic and unique hidden

gems. The scavenger hunt will be Saturday, January 28, 2017 at 1 :30

PM and is only $15 per person. Please sign up for the scavenger hunt

on the Forum registration page by Wednesday, January 25, 2017.

To advance excellence in regulation of the professions in the interest

of public protection.

In keeping with its mission statement, FARB provides a forum for

interaction among individuals and agencies involved in regulatory law

and the licensing of professionals with the goal of protecting the

public. Member associations, individuals, and ocher organizations that

participate in FARB and seek to strengthen and uphold the standards

of licensed professionals are invited to attend. We look forward to

seeing you!

Visit the FARB website at www.FARB.org for more information about

FARB and its programs.

1

Model

Board Member

Code of Conduct

Revised September 21, 2016

Federation of Associations of Regulatory Boards 1466 Techny Road

Northbrook, IL 60062 Ph. 847.559.3272 Fax 847.714.9796

Email: [email protected] Web site: www.FARB.org

© Copyright 2016, Federation of Associations of Regulatory Boards (FARB).

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted for or by any means without the prior permission of FARB.

Agenda Item 6B

http://www.farb.org/

FARB Model Board Member Code of Conduct

Page 2 of 7

INTRODUCTION The Federation of Associations of Regulatory Boards (FARB) is pleased to introduce the FARB Model Board Member Code of Conduct. Whether the discussion concerns licensing or disciplinary decisions, open meeting or public record questions, or any of the myriad other topics included in professional regulation, one thing is clear: public protection starts with the board members. It is the hope of the FARB Board of Directors that introduction of this model document will provoke a conscious conversation among regulators about expectations for board member qualifications and behavior.

FARB is a not-for-profit and tax exempt association under 501(c)(3) of the Internal Revenue Code. FARB governing members are federations and associations of regulatory boards from a wide variety of the regulated professions. In addition to its educational conferences, FARB develops and distributes model documents which promote uniformity, benefitting both the regulatory community and the public.

The FARB Uniform Model Practice Act, the Model Application for Licensure and Renewal, the Model Consent Agreement, and this new Model Board Member Code of Conduct are guides for regulatory boards, departments, or agencies. To assist in its implementation, the FARB presents its Model Board Member Code of Conduct in legislative format. FARB recognizes that, in the short term, individual constituencies may find it more appropriate to adopt the Code as a rule or policy of the regulatory entity.

The FARB Model Board Member Code of Conduct sets forth behavioral expectations for individual members of the regulatory authority of a designated profession. It guides board members in the fulfillment of their regulatory roles. By establishing specific standards, it becomes a tool to assist in the recruitment and selection of members for regulatory boards and can serve as a means of evaluating potential nominees. It also establishes the expected behaviors and actions of individuals serving on the board and provides a rationale for removal of board members whose service fails to meet expectations or is otherwise unacceptable.

FARB is pleased to provide this new and improved document to legislators, regulatory boards, attorneys, appointing authorities, and the regulatory community. While the principles contained in this Code have widespread applicability, in adapting this Code for use in your particular jurisdiction, please consult your substantive and procedural state laws and seek legal advice as necessary. To the extent any users have comments or suggestions to improve the document, please forward your remarks to the FARB Executive Director at [email protected].

mailto:[email protected]


Page 3 of 7

Throughout this Act, the terms “law” and “rule” are utilized in place of words like statute, code, and regulation. A State may

wish to replace “law” and “rule” with more specific language tailored to the requirements of the State’s laws and practices.

AN ACT TO ESTABLISH A BOARD MEMBER CODE OF CONDUCT

Section 1. Statement of Purpose. (1) The purpose of this part is to set forth a code of conduct particular to members serving

on professional and occupational regulatory boards, commissions, or councils. A board member code of conduct defines the expected character and conduct of such individuals and establishes a standard for removal from serving in order to sustain public confidence in the ability of a regulatory board to carry out its mission to protect the public health, safety, and welfare through the regulation of professions and occupations in the State of [ __________ ].

(2) Pursuant to [CITATION], the practice of the regulated professions in the State of [ __________ ] is deemed to affect the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of [PROFESSION], as defined under this Act, merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of [PROFESSION] in the State of [ __________ ]. This Act shall be liberally construed to carry out these objectives and purposes.

(3) In the interest of this public protection perspective and to set forth the mandates of the relevant agency of the state legislatively delegated with the authority to enforce laws and promulgate and enforce rules, board members shall at all times maintain a perspective consistent with the enforcement of the relevant law in the interest of public protection. Board members are required to adhere to the code of conduct set forth herein and other applicable ethical obligations imposed upon public servants.

Section 2. Definitions. (1) Adjudicatory Proceedings – a proceeding before the board in which the legal rights,

duties, or privileges of specifically named persons are required by constitutional right or by any provision of [STATE] law to be determined after an opportunity for a hearing before the board.

(2) Agency – the state board, commission, department or officer authorized by law to make rules or to determine adjudicatory proceedings.

(3) Board – the board of [PROFESSION] created in [CITATION]. (4) Board Member – any individual appointee to the board, whether a licensed member of

the profession or a public member. (5) Executive Director – an individual employed by the board who is responsible for the

performance of the administrative functions under the oversight of the board and such other duties as the board may direct.

(6) Good Standing – a license that is not restricted in any manner and which allows the licensee full practice privileges.


Page 4 of 7



(7) Industry Trade Association – an organization that promotes the business of the profession and participates in public relations activities that include, but are not limited to, advertising, education, political donations, lobbying, and publishing.

(8) Presiding Officer – the individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law.

Section 3. Executive Branch Appointee. Pursuant to [CITATION], board members are appointed by and accountable to the executive branch of government. Each board member must adhere to relevant executive branch policies as well as the legislatively enacted practice act and rules duly promulgated thereunder.

Section 4. Personal Performance of Duties – Practice. (1) A board member shall:

(a) maintain a working knowledge of the laws, rules, policies, and procedures under the jurisdiction of the board,

(b) regularly attend and meaningfully participate in board meetings and other board proceedings that may be required,

(c) if practicing as a member of the regulated occupation or profession, be licensed in good standing, and

(d) act professionally in all interactions with other board members, executive director, board staff, consultants, advisors, other state officers and employees, and the public.

Section 5. Conflict of Interest – Ethics. (1) A board member shall:

(a) comply with conflict of interest and ethics laws and rules including, but not limited to, [CITATION],

(b) decline to deliberate, participate, or otherwise attempt to affect the outcome of any matter before the board when to do so may result in a conflict of interest or the appearance of a conflict of interest,

(c) comply with the requirements of the open meetings and public records laws of this state regarding all communications, whether written or electronic, between board members and between board members and board staff including, but not limited to, emails, social media, and telephone text messages,

(d) follow applicable communication protocols regarding dissemination of board information, including maintaining confidentiality of matters discussed in executive session and under the attorney-client privilege, and

(e) exercise licensing and rulemaking decisions independent of external influences.


Page 5 of 7



(2) A board member shall not: (a) have private contracts or business dealings with the board, other than board member

compensation or reimbursement as may be otherwise provided by law, (b) receive any payment or benefit from transactions of the board, other than the benefit

derived from licensure by the board if the board member is a licensee of the board, (c) solicit or receive a gift or favor from any person, company, organization, or any

intermediary interest which may compromise or appear to compromise the independent judgment of the board member regarding fulfillment of any board or board member obligations,

(d) attempt to obtain favorable treatment by the board for any individual or entity, and (e) use his or her position on the board to advance any private interest.

Section 6. Membership in Professional Organizations – Industry Trade Association Prohibitions. (1) In fulfilling their responsibilities to the licensing board, a board member shall at all times

maintain a perspective consistent with the enforcement of the relevant laws and rules in the interest of public protection, and not in protection of the professional interests of the licensees.

(2) A board member shall not be an officer or hold any leadership position in state or national industry trade associations or other organizations serving the profession of [PROFESSION] during the term of the board member’s appointment to the board. In this capacity, a leadership position is defined as including, but not limited to, a voting member of the executive board, service on an ethics committee, membership committee, examination committee, or other committee or similar position of the association or organization.

(3) A board member shall not be a registered lobbyist for any professional organization or industry trade association.

Section 7. Communication Protocols. (1) As an agency of the state legislatively delegated with the authority to enforce laws and

promulgate and enforce rules, board members shall recognize the parameters of the board’s authority and ensure the board maintains its public protection mission in undertaking all of its duties and responsibilities,

(2) Within the parameters of the board’s authority, board members shall: (a) ensure the effectiveness and efficiencies of the board, (b) delegate to and oversee administrative functions of the board staff, including certain

activities identified to occur between board meetings, (c) select leadership of officers of the board to preside over the customary board

activities including, but not limited to, board meetings, committee structures,


Page 6 of 7



application and renewal processing, complaint processing, rulemaking, and matters related to board budgets, and

(d) recognize the importance of communications related to board business and adopt policies that establish communication protocols and assure that the majority opinions of the board are promoted.

(3) A board member shall: (a) authorize and provide general direction to the executive director to address day-to-

day administrative decisions including, but not limited to, personnel matters, (b) make requests for board staff assistance through approved procedures including, but

not limited through, the presiding officer or the executive director, (c) refer board staff and members of the public who attempt to use individual board

members as an avenue to influence board decisions to the executive director, and (d) provide other general direction and delegate functions and tasks to the executive

director as appropriate under law.

Section 8. Disclosure of Board Information. (1) A board member shall:

(a) obtain the permission, vote, or approval of the board as to the information that may be shared when speaking on behalf of the board,

(b) promptly refer any requests for comment by the media to designated board staff unless such comment has been previously sanctioned and approved by a board majority to speak on behalf of the board, and

(c) exercise due diligence to avoid any breach of duty as a board member arising out of negligence, intentional action or omission, or unauthorized communication with any individuals.

(2) All information disseminated by board members shall be factual and limited to information that is otherwise appropriate to be disclosed to the public.

(3) This section shall not be construed to limit the freedom of expression of a board member as an individual member of the public.

Section 9. Removal from Service – For Cause. (1) A board member may be removed from the board for cause including, but not limited to:

(a) ceasing to meet the qualifications for board membership, (b) being found guilty of a felony or unlawful act that involves moral turpitude, or

conviction of any crime other than a minor traffic offense, (c) being found guilty of malfeasance, misfeasance, or nonfeasance in relation to board

duties,


Page 7 of 7



(d) being declared mentally incompetent by a court of competent jurisdiction, (e) a final adjudication by a recognized body, including the courts, that the board

member has violated this Act or the board’s practice act, or that the board member has misused the position to obtain any financial or material gain, or any advantage personally or for another, through such office,

(f) the refusal or inability for any reason to perform the duties of a board member in an efficient, responsible, and professional manner, or

(g) failing to attend [NUMBER] successive board meetings without just cause as determined by the board.

Section 10. Conflict with Other Laws. (1) The provisions of this Act shall not excuse any board member from adherence to any

other state or federal law or rule and to the extent this Act conflicts with such law or rule, the state or federal law or rule shall prevail.

(2) To the extent possible, the provisions of this Act shall be interpreted to coincide and be read to coexist with all other laws of this State. In the event this Act is alleged to conflict with any other provisions of law, this Act shall prevail to the extent the statutory provisions at stake involve substantive issues related to the practice of [PROFESSION]. If the alleged conflict addresses procedural issues related to administrative processes, the Administrative Procedures Act [CITATION] shall prevail. In all other respects, conflict of laws issues shall be determined by interpretation and construction principles.

Brian Sandoval

Governor

Carson City Offices: Public Works Section

.... ·0

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�-4� t-' �- STATE OF NEVADA

5 I 5 East Musser Street, Suite I 02 Carson City, Nevada 89701-4263 (775) 684-4141 I Fax (775) 684-4142

DEPARTMENT OF ADMINISTRATION Public Works Division

Buildings & Grounds Section (775) 684-1800 I Fax (775) 684-1821

Leasing Services Section (775) 684-18151 Fax (775) 684-1817

November 10, 2016

Patrick Cates

Director

Gustavo "Gus" Nuiiez

Administrator

Las Vegas Offices: Public Works Section

I 830 East Sahara A venue, Suite 204 Las Vegas, Nevada 89104-3739

(702) 486-5 I 15 I Fax (702) 486-5094

Buildings & Grounds Section2621 East Sahara Avenue

Las Vegas, Nevada 89104-4136 (702) 486-4300 I Fax (702) 486-4308

Board of Landscape Architects Attn: Ellis Antunez

CERTIFIED MAIL: 70062150000069898403

1575 DeLucchi Lane, Suite 115-11 Reno, NV 89502

Dear Mr. Antunez;

As I understand new legislation; Boards now have the ability to either utilize our services for future transactions or opt out. There was no legislation put into place which allowed any existing lease or assessment termination. The current assessments will continue through the life of the existing lease (SAM 1020). "Opting Out" will not null and void any existing leases or obligations.

Please submit, in writing, if you are electing to "Opt Out" of utilizing Leasing Services, as we will need it for our files. Moving forward, keep in mind in the event that the Board determines not to utilize our services; there will be no new negotiations, or assistance with legal documents or property management issues, etc.

Until the lease expires and execution of a new lease or renewal, the assessment fees will continue to be valid and invoiced. (Leasing Services does not charge any upfront transaction costs, rather the costs/assessments are amortized over the life of the lease, thus the need for assessments to continue until lease expiration).

Per our lease log, we do not have a copy of the lease for 1575 DeLucchi Lane, Suite 115-11, Reno, NV 89502 - please remit as soon as possible.

However, copies of all new leases and/or renewals, executed by the Board of Examiners (NRS 353.090), must be submitted to Leasing Services for posting on the Department of Administration's website (NRS 331.110).

Page 1 of 2

Agenda Item 6G

It has been our pleasure to have served you and your Board. Please feel free to contact us should you have any further questions. We will be happy to assist.

Leanne Lima, Leasing Services Supervisor

Page 2 of 2

017 FARB Forum

Register now for the 2017 FARB Forum at the Omni La Mansion in San Antonio, TX, on January 26-29, 2017. Please go to www.FARB.org and click on the “Conferences” tab to register or, go directly to our 2016 Forum meeting page by clicking here.

Forum Content

The 2017 FARB Forum will bring together leading experts from across the country to discuss the latest trends in professional regulation. This exceptional educational program delivers the tools and information needed to ensure the efficient and effective operation of state regulatory boards. Designed for board members, board administrators, investigators and board attorneys, the Forum is educationally driven and includes sessions related to administering state professional licensing boards. Attendees have the option to attend a four hour Thursday evening Comprehensive Regulatory Training (CRT). The Forum is always interactive and will provide an unparalleled opportunity to network with members of the regulatory community across jurisdictions and professions. As always, throughout the conference, relevant videos and news stories will be presented.

Location & Hotel

FARB has reserved a block of rooms at the Omni La Mansión del Rio specifically for Forum attendees. Please make your reservations early, as only a limited number of hotel rooms will be available until the cut-off date of Wednesday, January 4, 2017, or until the group block is sold out, whichever comes first. Hotel reservations made after this date are subject to availability and rate increase.

Attendees are responsible for securing their own hotel reservations. Reservations may be made by contacting the Omni La Mansión del Rio directly:

Omni La Mansión del Rio 112 College St. San Antonio, TX 78205 Reservations: 1-800-THE-OMNI or 210-518-1000

Click here to make your reservation online link

Please refer to the FARB group when making your reservations to ensure you get the reduced room rate of $199.00 per night plus tax.

Registration

Registration for the Thursday Comprehensive Regulatory Training session is $300 and includes beverages and dinner. Registration fee for the Forum is $625 for members and $750 for non-members and includes daily breakfast, lunch on Friday, and a reception Friday evening.

Scavenger Hunt

Join FARB for an amazing scavenger hunt adventure that will start in the center of this historic city and will take you back in time to explore the grounds of the Alamo. The adventure will then guide you down along the River Walk and through the streets to enjoy the modern-day sights and sounds of the city while finding historic and unique hidden gems. The scavenger hunt will be Saturday, January 28, 2017 at 1:30 PM and is only $15 per person. Please sign up for the scavenger hunt on the Forum registration page by Wednesday, January 25, 2017.

Agenda Item 5F

https://newmail.state.nv.us/owa/redir.aspx?C=sEmfdj7Q5FnLeaIc7P9EyVcFHNxcDhN0pufFD_PdQh7KnU6xvQnUCA..&URL=http%3a%2f%2fwww.farb.org

https://newmail.state.nv.us/owa/redir.aspx?C=ZOleXl1vRFy6Po5nLYhS6FsJybHy0HPhkKE7aRi_EYzKnU6xvQnUCA..&URL=https%3a%2f%2fwww.imis100us2.com%2ffarb%2fSharedContent%2fEvents%2fEvent_Display.aspx%3fEventKey%3d1abc5e38-81cc-4690-803c-834258662ac3%26WebsiteKey%3d6d5eb519-6383-47f7-b4d0-addc7060cddf

https://newmail.state.nv.us/owa/redir.aspx?C=OfsH7jfD6h1OHgjfoAfJY8Xl3UR-LjIG0XLGADT18lbKnU6xvQnUCA..&URL=https%3a%2f%2fwww.omnihotels.com%2fhotels%2fsan-antonio-la-mansion-del-rio%2fmeetings%2ffederation-of-associations-of-regulatory-board-forum-conference

We hope to see you in San Antonio!

This email was sent to you at [email protected] because you are subscribed to FARB updates. This email was sent by: The Federation of Associations of Regulatory Boards, 1466 Techny Rd., Northbrook, IL 60062 Update your communication preferences

https://newmail.state.nv.us/owa/redir.aspx?C=LkgIdpEv0vduZNMqXKYp9obPVi5ZRLJTzuQ0U_98InDKnU6xvQnUCA..&URL=http%3a%2f%2fwww.imis100us2.com%2ffarb%2fPublic%2fcommunicationpreferences%3fCPToken%3dbpfeHGdP7ckRzwOvCLMpo6Wt%252buz9nE85AmsaBVc3TXxnc3agYo3FNToquw8nQUrg%252bJsd0VXBSZBR%252bQ3bTuvVcsnMDU9xqcsIMbFBlgrC8mlVgWeZQfaOD9KFkRpFmAEqGWTw6wsa6vNxMsrdKeFz2k1XDqxuOdBx

FARB Regulatory Board Membership Application

______________________ hereby requests a FARB Regulatory Board Membership.

Regulatory Board Members of FARB shall be governmental regulatory boards involved in the regulation of a

licensed profession or occupation. Regulatory Board member benefits extend to all regulatory member board staff, current serving board members, and representative board attorney(s). Annual rate: $150.00

FARB Regulatory Board Membership $150.00

check is enclosed check will follow pay by credit card (you will receive an invoice via email)

Please fill out ALL the information below. It is essential to have the correct contact information. Thank you.

____________________________________________________________________ Organization (Full name)

___________________________________________ Main Contact Person

___________________________________________ Street Address/ PO Box

___________________________________________ Suite/ Department/ Number/ Building

___________________________________________ City/ State/ Zip/ Country

____________________________________________ General Phone

____________________________________________ Website

____________________________________________ Direct Phone

____________________________________________ E-mail

Please list any individuals in your organization that should be included in your Regulatory Board Membership on the next page.

Please return this form along with your payment to: Federation of Associations of Regulatory Boards 1466 Techny Road Northbrook, IL 60062 Ph: 847-559-FARB (3272) Fax: 847-714-9796 [email protected]

SIGNATURE ____________________________________________ (Individual or Agency/Organization Representative)

Agenda Item 6B

FARB Regulatory Board Membership Application (cont.)

Name Title E-mail ___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Agenda Item 7A-3

CLARB BYLAWS 2015

Page 1 of 13

COUNCIL OF LANDSCAPE ARCHITECTURAL REGISTRATION BOARDS, INC. BYLAWS

(As Amended September 2015)

ARTICLE I — NAME

The name of this organization shall be the Council of Landscape Architectural Registration Boards, Inc.

ARTICLE II — DEFINITIONS

The following terms shall have the following meanings when used in these bylaws:

A. “CLARB” shall mean the Council of Landscape Architectural Registration Boards, Inc.;B. “Member Board” shall mean the body that is a legally authorized to examine, register, or

discipline landscape architects in a political jurisdiction and a member of CLARB;C. “MBE” shall mean Member Board Executive, defined as a staff member who is broadly

responsible for the management and administration of the member board;D. “Examination(s)” shall mean any examination(s) prepared by CLARB.

ARTICLE III — RULES OF ORDER

CLARB shall be governed by Robert’s Rules of Order Newly Revised when not in conflict with these bylaws.

ARTICLE IV — MISSION

The mission of the Council of Landscape Architectural Registration Boards as an organization of member boards is to foster the public health, safety and welfare related to the use and protection of the natural and built environment affected by the practice of landscape architecture.

To accomplish this mission, CLARB:

A. Provides programs and services that ensure the competency of landscape architects and othersinvolved in making decisions affecting the development and conservation of land by:

1. Establishing and promoting consistent standards for their professional competency andconduct, and

2. Examining and certifying their competency.

B. Provides information and resources to those affected by the practice and regulation of landscapearchitecture, thereby assuring that they are well-informed, educated and empowered regardingthe value and benefits of the licensed practice of landscape architecture.

ARTICLE V — MEMBERSHIP

The membership of CLARB shall be the legally constituted member boards in good standing. Membership in the Council may be attained through approval by the CLARB Board of Directors.

Section 1. Qualifications and Eligibility

Member boards maintain good standing by abiding by the CLARB Bylaws and paying all dues or other financial obligations to CLARB in a timely manner.

Agenda Item 7

CLARB BYLAWS 2015

Page 2 of 13

Every member board shall be required to accept the actions and decisions of CLARB and the CLARB Board of Directors. This acceptance shall extend to all CLARB services provided to member boards to the greatest extent permitted within the context of the laws of their jurisdiction.

Section 2. Removal If, after written notification from the CLARB Board of Directors, a member board fails to pay its dues or other financial obligations to CLARB or shall persistently refuse to abide by these bylaws or the policies enacted by CLARB, the CLARB Board of Directors may recommend that such member board be removed from CLARB membership. Upon such recommendation, the member board may be removed from membership in CLARB by an affirmative vote of not less than two-thirds (2/3) of all member boards voting at an annual meeting where a quorum is present. Section 3. Organizational Structure In order to establish closer communications between member boards and the Board of Directors, and further to assist CLARB in achieving its stated objectives, five regions of CLARB are hereby established.

REGION I: Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York, Ontario, Pennsylvania, Rhode Island, Vermont, Virginia. REGION II: Indiana, Illinois, Iowa, Kentucky, Ohio, Michigan, Minnesota, Missouri, West Virginia, and

Wisconsin. REGION III: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South

Carolina, Tennessee, Texas, Puerto Rico. REGION IV: Alberta, Colorado, Kansas, Nebraska, New Mexico, North Dakota, Oklahoma, South

Dakota, and Wyoming. REGION V: Alaska, Arizona, British Columbia, California, Hawaii, Idaho, Montana, Nevada, Northern

Mariana Islands, Oregon, Utah, Washington. There shall be an annual meeting of the member boards of each region. Each member board shall be required to be a member of its region. Regional membership shall be composed of member boards as defined in Article V, Section 1 of these bylaws. New members may be added to the regions by the Board of Directors as required. The Board of Directors may also adjust regional boundaries as needed.

Section 4. Member Services Services provided to members of CLARB shall include, but not be limited to, the following:

A. Examination

CLARB shall produce examinations designed to test the knowledge, skills and abilities required for the practice of landscape architecture and shall issue appropriate descriptive material on the examination for use by the member boards and candidates. The procedures and charges shall be established by the CLARB Board of Directors.

CLARB BYLAWS 2015

Page 3 of 13

B. Council Record and CLARB Certification

A Council Record is provided as a detailed, authenticated personal record of the activities and accomplishments in the landscape architectural profession, and by means of this record, to facilitate the process of reciprocal recognition of registration between jurisdictions. CLARB shall, upon request of individual members of the landscape architectural profession, secure, authenticate and record factual data of the applicant’s education, training, practice and character and compile the results. This record shall be forwarded to any jurisdiction upon the request of the applicant and payment of the fees stipulated therein. The Council Record is to be distinguished from CLARB Certification in that it makes no statements regarding the extent, character or quality of any examination taken by the applicant, nor of the grades that person received thereon. CLARB Certification carries the recommendation that an applicant, because of having demonstrated competence, be accorded favorable consideration by any jurisdiction to which that person may apply for licensure/registration. C. International Relations

CLARB may engage in the exploration and formulation of agreements with foreign countries to allow landscape architects to practice in countries other than their own.

ARTICLE VI — MEETINGS

Section 1. Annual Meeting CLARB’s annual meeting shall be held at a time and place determined by the CLARB Board of Directors. Notice of meetings shall be made to the board administrator of each member board ninety (90) days prior to such meeting. Section 2. Special Meetings Special meetings may be called by the president, with the approval of the CLARB Board of Directors, or by a majority of the member boards. Notice of the meetings shall be made to the board administrator of each member board sixty (60) days prior to such meeting. The bylaws pertaining to procedures and conduct of business of the annual meeting shall apply to Special Meetings. Section 3. Delegates and Credentials Each member board is entitled to be represented at CLARB meetings by one or more official delegates of that board. The delegate must be a member of the member board. A letter of credential from the delegate’s board shall identify a delegate attending the annual meeting or any Special Meeting of CLARB. As many delegates as are able to attend may represent a member board, but only one vote may be cast on each motion for each member board by its delegates. Section 4. Quorum A quorum for the transaction of business at the CLARB annual meeting shall be the majority of the member boards represented by one or more delegates present.

CLARB BYLAWS 2015

Page 4 of 13

Section 5. Resolutions and Other Motions Resolutions are the substantive matters placed on the agenda for a CLARB meeting in accordance with this section. All resolutions to be considered at the CLARB annual meeting except those submitted by special committees and laudatory resolutions shall be submitted to the CLARB Board of Directors at a time determined by the CLARB Board of Directors. The CLARB Board of Directors shall review each resolution for conformity with the CLARB bylaws and may recommend to the author of any resolution such changes as are deemed advisable for the purpose of consistency, clarity and to avoid duplication. The CLARB Board of Directors shall publish and distribute all resolutions, except laudatory resolutions, to the member boards, not less than sixty (60) days prior to the annual meeting. If the CLARB Board of Directors takes a position on any resolution, they shall provide a position statement to be published with the resolution. Only member boards or regions and the CLARB Board of Directors may offer resolutions to be presented at a CLARB meeting, amendments to resolutions to be presented at a CLARB meeting or amendments to resolutions. All other motions permitted under Robert’s Rules of Order Newly Revised may be made by any delegate or CLARB officer or director. Section 6. Order of Business An agenda outlining the order of business shall be prepared for all CLARB meetings. The agenda shall be prepared under the direction of the CLARB Board of Directors and provided to all member boards at least thirty (30) days before the date set for the particular meeting. Section 7. Voting The affirmative vote of the majority of the member boards represented at any CLARB meeting is required to pass any resolution except to amend the bylaws. Resolutions to amend the bylaws are governed by Article XIIAmendments. There shall be no voting by proxy. Voting by letter ballot is permitted only for the election of officers and for members of the Committee on Nominations. See Article VII Board of Directors and Officers, Section 6. Election of Officers and Regional Directors. Section 8. Other Participants CLARB officers and directors, member board staffs, persons designated by the Board of Directors, and persons designated by the presiding officer shall have the privilege of the floor at CLARB meetings and may take part in the discussion and perform all functions of the delegates except to vote, or, except as provided in Article VI, Section 5 with respect to officers and directors, to initiate action.

ARTICLE VII — BOARD OF DIRECTORS AND OFFICERS Section 1. Duties The CLARB Board of Directors shall have the full control of the property, affairs, and business of CLARB. It shall carry the responsibility for all activities of CLARB. It shall exercise all authority, rights, and power granted to it by the laws of the District of Columbia and shall perform all duties required by said laws and these bylaws, in accordance therewith. It shall not delegate any of the authority, rights, or power or any other duties imposed upon it by these bylaws or otherwise, unless said delegation is specifically provided for in these bylaws.

CLARB BYLAWS 2015

Page 5 of 13

Section 2. Members The CLARB Board of Directors shall consist of the officers as set forth in Section 3, one regional director from each region and a MBE director. Section 3. Officers The officers of CLARB shall be a president, a president-elect, a vice president, a secretary, a treasurer and the immediate past president. All officers, except for the immediate past president, shall be elected by CLARB as specified in Article VII, Section 6. Section 4. Qualifications

A. Officers and regional directors. To be eligible for elective office in CLARB, the candidate shall: i. Be a licensed landscape architect; and ii. Have current or past service on a licensure/regulatory board; and iii. Have actively participated in CLARB in the last eighteen (18) months at the time of

nomination. B. MBE director. One (1) year of service on the member board executives committee within the past

eighteen (18) months at the time of nomination. Members of the CLARB Board of Directors shall serve without compensation Section 5. Nomination of Officers and Regional Directors The committee on nominations shall be charged with creating and maintaining a complete list of all eligible candidates and with identifying qualified nominees for service on the CLARB Board of Directors and on the committee on nominations. The committee on nominations shall publish an updated list of candidates eligible to serve on the Board of Directors and on the committee on nominations within thirty (30) days of the close of the annual meeting. The chair of the committee on nominations shall collect the names of potential candidates for all positions on the board of directors and on the committee on nominations. In the event that there are not a sufficient number of nominations made by the membership the committee on nominations may identify one or more additional nominees for each position and shall distribute the final list of nominations to all member boards no later than thirty (30) days prior to the annual meeting. Section 6. Election of Officers and Regional Directors

A. Election of Officers at Annual Meeting. All elections of officers shall be by written ballot at the annual meeting unless by a majority vote CLARB shall agree to waive the provision. A majority vote of the member boards represented and voting shall elect an officer. Where a majority vote has not been obtained on a ballot, the candidate receiving the least number of votes shall be eliminated prior to the next ballot. If there is a single nominee for each open office, the slate of nominees may be elected by acclamation of the membership without a formal vote. Member boards that are not represented at the annual meeting by a delegate may submit their votes for officers by letter ballot. All letter ballots must be sent in a sealed envelope, signed by an officer of the Board and received at the CLARB office at least five days before the start of the annual meeting. Letter ballots shall be counted on the first ballot only.

CLARB BYLAWS 2015

Page 6 of 13

B. Election of Officers in the Absence of an Annual Meeting. In the event that CLARB is unable to conduct an annual meeting before the end of a fiscal year, the following procedures shall apply: 1) Where there is a single nominee for an office whose election is uncontested by the

membership, that person shall assume the office on the first day of the first month of the next fiscal year.

2) If there is more than one nominee for an office, the chair of the committee on nominations shall conduct the election for that office by letter ballot no later than the last day of the first month of the fiscal year as set forth in Section 6, Item A, above, or as soon thereafter as practicable, time being of the essence.

C. Election of Officers in the Event of Catastrophe.

In the event of a catastrophe where there are no officers able to conduct an election, the executive director shall convene a meeting of the committee on nominations as set forth in Section 5 above as soon as practicable and conduct an election by written ballot as set forth in Section 6, Item A above, time being of the essence. If the executive director is unable to conduct such election, the statutory agent for CLARB shall conduct nominations and election as set forth herein.

D. Election of Regional Directors

Regional directors must meet the eligibility requirements set forth in Section 4 of this article and are nominated following the processes established in Section 5 of this article. Each region shall elect its director at the region’s meeting. A majority vote of the member boards represented and voting shall elect a director.

Section 7. Terms of Office

A. The president-elect shall automatically assume the office of president and serve as such from the adjournment of the annual meeting or from the beginning of the fiscal year, whichever shall first occur, until the adjournment of the following annual meeting, or the end of the fiscal year, whichever shall first occur.

B. The president-elect shall serve as such from the adjournment of the annual meeting at which such person is so elected or from the beginning of the fiscal year, whichever shall first occur, until the adjournment of the following annual meeting, the end of the fiscal year, or a successor is duly elected, whichever shall first occur.

C. The vice president shall serve from the adjournment of the annual meeting at which such person is so elected or from the beginning of the fiscal year, whichever shall first occur, until a successor is duly elected.

D. The secretary shall serve for two (2) years from the adjournment of the annual meeting at which such person is so elected or from the beginning of the fiscal year, whichever shall first occur, until a successor is duly elected. Elections for the office of secretary shall be held in even-numbered years.

E. The treasurer shall serve for two (2) years from the adjournment of the annual meeting at which such person is so elected or from the beginning of the fiscal year, whichever shall first occur, until a successor is duly elected. Elections for the office of treasurer shall be held in odd-numbered years.

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F. The immediate past president shall serve as such from the adjournment of the annual meeting at

which such person assumes the office or from the beginning of the fiscal year, whichever shall first occur, until the adjournment of the following annual meeting, or the end of the fiscal year, whichever shall first occur.

G. The regional directors shall serve for two (2) years from adjournment of the annual meeting or from the beginning of the fiscal year, whichever shall first occur, until their successors are duly elected. No person shall serve more than two successive terms as director, provided, however, that a person shall be eligible for re-election for a full term of office if, during the period immediately prior thereto, that person has succeeded to, or been elected to the office to fill a vacancy. Regions I, III, and V shall elect a director for election in the odd-numbered years and Regions II and IV shall elect a director for election in the even-numbered years.

H. The MBE director is appointed by the president in even years and shall serve for two (2) years from adjournment of the annual meeting or from the beginning of the fiscal year, whichever shall first occur, until their successors are duly appointed.

No incumbent shall serve for more than one (1) year in succession as president, president-elect, or vice president provided, however, that an officer shall be eligible for re-election for the full term of office if during the period immediately prior thereto such officer had succeeded to or been elected to fill a vacancy. Section 8. Vacancies and Removal from Office A vacancy in the office of president shall be filled by the president-elect assuming the office. A vacancy in the office of president-elect shall be filled by the vice president assuming the office. A vacancy in the office of vice president, secretary, treasurer or MBE director shall be filled by an appointee designated by the CLARB Board of Directors to complete the unexpired term. In the event of a vacancy in the office of regional director, the chair of the committee on nominations shall conduct an election in that region as soon as practicable, time being of the essence. An officer or director who is found guilty of malfeasance, misfeasance or nonfeasance in the exercise of the duties and responsibilities as an officer or director, found guilty of sexual harassment or of conduct deemed to be detrimental or unbecoming to the Council may be removed from office by a two-thirds (2/3) majority of the CLARB Board of Directors. Section 9. The President The president shall:

A. Preside at all meetings; B. Appoint all standing committees subject to the approval of the CLARB Board of Directors; C. Present to CLARB at the annual meeting a report of activities during the term of office as

president; D. Appoint all members of special committees subject to the approval of the CLARB Board of

Directors, unless a specific action of the Council names the personnel of the committees; E. Be an ex officio member of all committees; F. Interpret these bylaws and the rules of order in the conduct of meetings; G. Perform all duties pertaining to the office of president.

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Section 10. President-elect and Vice President The president-elect and vice president, in order shall, in the absence or incapacity of the president, exercise the duties of and possess all the powers of the president. Section 11. Secretary

A. General Duties. The secretary shall perform the duties usual and incidental to the office and the duties that are required to be performed by law and by these bylaws; and the duties that are properly assigned by the CLARB Board of Directors.

B. Reports. The secretary shall ensure that a progress report is presented to the membership in conjunction with its annual meeting and, if required, special reports at other CLARB meetings or to the CLARB Board of Directors.

C. Delegation of Duties of the Secretary. The secretary may, with the approval of the CLARB Board of Directors, delegate to the executive director and other assistants the actual performance of any or all of the appropriate duties and authorize such executive director and other assistants to sign under their respective titles the correspondence conducted by them; provided, however, that the secretary shall not delegate the signing of any minutes or official reports which are assigned to the secretary by the CLARB Board of Directors.

Section 12. Treasurer

A. General Duties. The treasurer shall exercise general supervision of CLARB’s financial affairs, shall have the custody of its monies and securities except as otherwise provided in these bylaws. The treasurer shall oversee the collection of all monies due CLARB and all disbursements of money of CLARB and may purchase, sell, assign, and transfer such of its securities as are placed in the treasurer's charge. The treasurer shall supervise the keeping of the records and books of accounts of financial transactions of CLARB, and shall sign all instruments of CLARB whereon the signature of the office is required, and perform all duties required to be performed by law and these bylaws, and the duties that are properly assigned by the CLARB Board of Directors. The treasurer shall ensure the performance of an annual financial audit or review by a certified public accountant.

B. Reports. The treasurer shall make a written report to CLARB at its annual meeting and at other CLARB meetings or CLARB Board of Directors, as required.

C. Delegation of Duties of the Treasurer. The treasurer shall not authorize any person to sign any financial instrument, notice or agreement of CLARB that requires the signature of the treasurer, unless such delegation or authorization is expressly permitted by action of the CLARB Board of Directors. The treasurer may delegate to the executive director and other assistants the actual performance of the clerical, bookkeeping, statistical, collecting and recording work of the office and may authorize the executive director or any other officer to sign checks of CLARB within the practices and policies prescribed by the CLARB Board of Directors.

D. Liability of the Treasurer. The treasurer shall not be personally liable for any decrease in the capital, surplus, income balance, or reserve of any funds or account resulting from any actions performed in good faith in conducting the usual business of the office.

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Section 13. Directors Directors shall actively participate in the governance of CLARB, including assimilating information, attending meetings of the board of directors and participating in the decision- making process of the board. Directors are also responsible for bringing issues from the membership to the Board and for communicating the Boards decisions to the membership. Directors shall discharge their duties in good faith and in a manner that is in the best interests of the organization. Section 14. Bonding The CLARB Board of Directors shall determine who shall be bonded, and the cost of such bond shall be paid from the funds of the Council. Section 15. Meetings of the CLARB Board of Directors The CLARB Board of Directors shall meet in order to transact business, and shall hold at least two (2) meetings each year. One meeting shall be held in conjunction with the annual meeting. A special meeting or meetings may be held upon the call of the president, or upon written request of the majority of the CLARB Board of Directors. All members shall be given due notice in writing of the time and place of the meeting, although notice in writing may be waived by any member. A majority of the membership of the CLARB Board of Directors shall constitute a quorum for the transaction of business.

ARTICLE VIII — EXECUTIVE DIRECTOR Section 1. Appointment The Council Board of Directors may employ a person to be known and designated as executive director who shall be the chief executive officer of CLARB. The salary and term of office shall be established by the CLARB Board of Directors. Section 2. Duties The executive director shall be and act as the executive officer of CLARB and as such shall have management and administrative responsibility for the CLARB office and staff, and other CLARB affairs, subject to general direction and control of the CLARB Board of Directors. The executive director shall be responsible for the hiring, supervision, compensation, promotion, demotion, termination, and management of all other employees of CLARB, as well as all vendors, consultants, and contractors of CLARB, within general budgetary guidelines determined by the Board of Directors. The executive director shall serve as spokesperson on established policy and positions. The executive director shall be supervised by the president and shall serve at the pleasure of the Board of Directors. The executive director shall serve on the CLARB Board of Directors as an ex officio director, without vote. Section 3. Review The executive committee shall conduct a performance review of the executive director annually with input from the Board of Directors.

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ARTICLE IX — COMMITTEES

Section 1. Authorization and Appointment of Committees Committees may be established to perform services for CLARB. Except as may be herein specifically provided, all committees shall be appointed as provided by Section 5 of Article IX of these bylaws and shall be under the jurisdiction of the CLARB Board of Directors, reporting to it when directed. The CLARB Board of Directors may delegate to any of its officers the authority to supervise the work of any of the committees. The president shall have the power to make appointments of any unfulfilled or vacant committee membership. The CLARB Board of Directors may at any time discontinue a committee, other than a standing committee established in the bylaws, or make any changes in a committee's personnel without regard to the terms of appointment of the committee members. Section 2. Reports of Committees Each committee shall report in writing annually to the CLARB Board of Directors at least sixty (60) days prior to the annual meeting and shall make interim reports to the CLARB Board of Directors as directed. Section 3. General Procedure of Committees Every committee shall perform in accordance with these bylaws and with the directions of the Council Board of Directors. No committee, or any member or chairperson thereof, shall incur financial obligations unless funds have been properly appropriated therefore as provided elsewhere herein and specific authorization has been given by the Council Board of Directors. No member or chairperson, or any committee, shall commit CLARB orally or otherwise to any matter unless specifically authorized to do so. Section 4. Terms of Committee Appointments The term of committee appointments shall expire at the adjournment of the annual meeting, or at the end of the fiscal year, whichever shall first occur, except as otherwise provided by these bylaws. Section 5. Standing Committees The following committees are hereby authorized as basic to proper functioning of the Council:

A. Executive Committee The executive committee shall be chaired by the president and composed of the president-elect, immediate past-president, vice president, treasurer, and secretary. The executive director shall serve on the executive committee as an ex officio member without vote. Four (4) voting members of the executive committee shall constitute a quorum. The executive committee shall act on behalf of the Board of Directors to govern the affairs of CLARB between meetings of the Board of Directors, subject to general policies established by the Board of Directors. All actions of the executive committee must be ratified at the next meeting of the Board of Directors. The executive committee shall be responsible for providing a written review of the executive director’s performance in accordance with Article VIII, Section 3.

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B. Committee on Examinations

The committee shall be responsible for the development of the examination and other duties as determined by the Board of Directors. The chair of this committee shall be a licensed, registered or certified landscape architect.

C. Committee on Audit and Finance The committee shall prepare budgets; maintain financial policies and procedures; arrange for financial audits; and perform other duties as determined by the Board of Directors.

D. Committee on Nominations The immediate past president of CLARB will chair the committee on nominations and four (4) members, one of which can be a MBE, will be elected at large, each serving a two-year (2) term. Committee on nominations members shall be ineligible for nomination to serve on the CLARB board of directors for the full term, regardless of whether they serve the full term. To be eligible for election to the committee on nominations the candidate shall:

I.Be a licensed landscape architect or MBE; and II.Have current or past service on a licensure/regulatory board; and III.Have actively participated in CLARB in the last eighteen (18) months at the time of

nomination The committee shall perform the duties as described in Article VII, Section 5 herein.

Section 6. Committees of Special and Limited Function Such committees may be appointed from time to time to perform special and limited functions as assigned. The president shall appoint these committees subject to the approval of the CLARB Board of Directors.

ARTICLE X — FINANCES, FUNDS, ACCOUNTING AND INVESTMENTS Section 1. Dues and Fees

A. Membership Dues. The annual membership dues for each member board shall be established

by the CLARB Board of Directors.

B. Fees. The fees for the examination shall be established by the Board of Directors. Section 2. Fiscal Year CLARB’s fiscal year shall begin October 1 and end September 30, beginning October 1, 1993.

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Section 3. Operating and Reserve Funds The CLARB Board of Directors shall have charge of the investment of all funds of CLARB. It shall sell, purchase, transfer, and convey securities and exercise all rights of proxy, or participation in reorganizations, of depositing securities and similar rights of CLARB with respect to its securities, or it may authorize such purchase, sales, transfers, conveyances and the exercise of any or all of said right. The members of the CLARB Board of Directors shall not be personally liable for any decrease of the capital, surplus, income, balance, or reserve of any fund or account resulting from any of their acts performed in good faith. The accounts of such investments shall be incorporated into the annual report to CLARB.

ARTICLE XI — AMENDMENTS These bylaws may be amended by an affirmative vote of three-fourths (3/4) of member boards voting at an annual meeting where a quorum is present. All amendments so adopted shall become effective immediately. There shall be no voting by proxy.

ARTICLE XII — INDEMNIFICATION Except as provided below, the Council shall indemnify in full:

A. Any director, officer, executive director, consultant, or former director, officer, consultant, or

employee of CLARB or any subsidiary of CLARB; B. Any member or former member of any CLARB committee against expenses, including attorney's

fees, and against the amount of any judgment, money decree, fine, or penalty, or against the amount of any settlement deemed reasonable by the CLARB Board of Directors, necessarily paid or incurred by such person in connection with or arising out of any claim made, or any civil or criminal action, suit, or proceeding of whatever nature brought against such person, or in which such person is made a party, or having been such director, officer, executive employee, or committee member of or for CLARB. Such indemnification shall apply to any such person even though at the time of such claim, action, suit, or proceeding, such person is no longer a director, officer, executive secretary, director, consultant, or committee member of or for CLARB.

No indemnification shall be provided for any person with respect to any matter as to which such person shall have been grossly negligent or to have engaged in intentional misconduct. If such person has not been so adjudicated, such person shall be entitled to indemnification unless the CLARB Board of Directors decides that such person did not act in good faith in reasonable belief that his or her action was in the best interests of CLARB. Expenses incurred of the character described in the preceding paragraph may, with the approval of the CLARB Board of Directors, be advanced by CLARB in advance of the final disposition of the action or proceeding involved, whether civil or criminal, upon receipt of any undertaking by the recipient to repay all such advances in the event such person is adjudged to have engaged in intentional misconduct, or in the event the CLARB Board of Directors decides that such person is not entitled to indemnification. CLARB shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, executive director, consultant, or a committee member of CLARB, or is or was serving at the request of CLARB or of the CLARB Board of Directors as a director or officer of another corporation, whether nonprofit or for profit, against any liability incurred by such person in any such person's status as such, whether or not CLARB would have the power to indemnify that person against such liability under this article or otherwise.

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Any rights of indemnification hereunder shall not be exclusive, and shall accrue to the estate of the person indemnified. Any other present or former employee or agent of or for CLARB may be indemnified in like manner by vote of the CLARB Board of Directors.

# # #

Big Shifts Collector

This document is a compilation of input on “bigshifts” influencing the landscape architecture profession and its regulation through 2023. Participants included CLARB regulatory board members and volunteers, FARB governing members and executive staff of design relatedmembership organizations.

Agenda Item 7

CLARB BIG SHIFTS COLLECTOR

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Big Shifts Influencing the Profession You Practice or Regulate (2016-2023) Answered: 25 Skipped: 29

Respondents were asked to list a maximum of five (5) "big shifts" in the profession in which they practice or regulate that they expect will occur over the next seven years. Shift #1 Answered: 25

Clarification of scope of practice Shift from entry-level master's degree to entry-level doctorate degree Increased legal and political scrutiny on regulated professions, economics etc Increased need for mobility due to telemedicine Revit fully supplants AutoCad in commercial interior design Retirement of many of the leading landscape architects in this country, to be replaced by younger professionals with different educational and experience backgrounds A shift from sole profession board oversight to multi-profession board oversight A shift from responsive landscapes to environmentally sustainable landscapes Increased blurring of lines between practice areas currently viewed as discrete and separate Worker Shortages A shift in practice from silo professional focused independent practice to patient focused collaborative practice FTC focus on licensure/anticompetitive behavior More involvement in community planning A shift from traditional roof installations to a major increase in green roof systems. A shift from traditional stormwater managment to Low Impact Development Anti-regulatory environment Deregulation and devaluing of the Landscape Architecture profession. Rise in cremation A shift from face-to-face meeting to electronic meetings using Skype or other methods Globalization of the profession The expectation to increase quality with less money Increased scope of practice Greater role, responsibility and recognition of the contribution of Landscape Architects to the Design/Construction process A shift from reliance on historic regional weather patterns to addressing evolving patterns due to climate change

Shift #2 Answered: 24

Increase litigation and claims of malpractice Shift from current regulatory model to increased portability Increased emphasis on licensure portability and professional mobility Increased reliance on paraprofessionals Design for health and wellness become preminent client concerns Continued absorption of small and medium sized firms by so-called 'Alphabet conglomerates', who are often more interested in the bottom line than the welfare of their practitioners Increase in international professionals A shift of focus to designing sites for the communities rather than the commuting tourist Negative public and political reaction to failure to maintain built infrastructure National Exam Standization Models A shift from traditional office/hospital-based practice to electronic-health for prevention, testing, diagnosis, and treatment.


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Tension between innovation and regulation Emphasis in resilient design for climate change A continued shift from paper delivery of documents to entirely digital delivery. A shift from 2 dimensional drawings to 3 dimensional CAD models Anti-trust issues Greater misunderstanding of the profession by the public. Consolidation of schools A shift from using paper plans on the job site to using electronic plans Changing demographics Work more closely with Acute Care Hospitals A shift from office visits to telemedicine The assumption by Building Architects and Civil Engineers of more of what Landscape Architects do as a means of gaining market share in a tight economic marketplace A shift from accommodating traditional transportation modes to an increased focus on green/carbon neutral transportation modes

Shift #3 Answered: 20 Expansion into new practice settings Shift to ever increasing need for evidence based practice and certification standards Increased emphasis on data gathering and dissemination re students/applicants/licensees/renewals Federal regulations impacting state regulations Continued advances in technological capability and its extension into our lives forces designers to up their

technology IQ to create "smart" spaces Greater emphasis on landscape architects as team leaders, especially in complex urban settings A shift from creative design to policy design Negative public and political reaction to consequences of past shortcuts in enforcing licensure standards Technology A shift in scope of practice from restrictive state based practice acts to an expansive competency based nation-wide system Growth of international practice and regulation Increase in design build services A continued shift from traditional storm water management treatment and distribution systems to a major increase in stormwater collection and infiltration via swales, raingardens, green streets, and other natural systems. Board consolidation Expanded awareness of the health and wellness benefits of the landscape. A shift from regulating general L.A. subjects to regulating specialties within the profession Challenges created by NC Dental case Adapt to bundled payment systems The lowering of education/experience standards for entry into the profession A greater shift from traditional housing and community norms shifting to an increase in multi-family housing and intergenerational housing

Shift #4 Answered: 16 Employers will increasingly recognize the value of national certification Increased need for associations of boards (like CLARB) in stimulating/spearheading change thru programs

and services Increased need for criminal background checks Rapid changes in every aspect of technology as we know it today A shift from monoculture landscapes to diverse native landscapes Globalization and mobility of work force places increased strain on state-based licensure A shift to facilitate international mobility will result in common standards for education, training, accreditation, entry competence, and ongoing assessment of competence.


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Testing structure and methods of examination Increased competition between LA and PE A major shift from existing waterfront edge installations to applications which protect the edge and restore ecological systems while addressing increasing concerns regarding rising water and climate change. Staff turnover Overlap of Landscape Architect's knowledge, skills and abilities by other professions and certifications. Aging of the profession - retiring workforce Broaden scope of knowledge across multiple lines of service More accountability of the profession for empirically based design A shift from open space (parks, etc.) as primarily recreational (passive or active) to open space as vital infrastructure

Shift #5 Answered: 11 Increased complexities in regulating the professions due to technological advancements Regulation surrounding alternative medical therapies Increased recognition of LEEDS and other certification programs A shift from designing summer park spaces to year round useable parks A shift from sickness focus to prevention More emphasis on multi-generational design More public members on boards Increase in the percentage of unlicensed Landscape Architects relative to the number of professionals. Increased state and federal regulation and accountability More computer based visualization for project design and development A shift from current technologies used in design to the use of rapidly developing technologies in computer

modelling associated with the analysis and design of projects. Optional: Respondents additional context to their identified shifts.

new education and training requirements will support clarification in states where scope is limiting licensee. In addition other professionals, exposed to the knowledge and skill set of the AT begin to incorporate ATs into their prevention programs - such as workplace health and safety. Increased focus on best practice, especially in concussion and sudden death, puts ATs in position of primary care giver and they become named in litigation.

Shift 6.....increase in pressure to departmentalize regulatory structures or combine certain "related" boards,

and/or decrease professional members on boards/increase public members on boards ...could not help but add a sixth big shift.....sorry

The bottom line is change is continuing at an amazing pace. Likewise is the recognition that landscape

architects often hold the key to directing change and creating sensitive landscapes that respond to societal and environmental needs.

#1 Aging Demographics in the professional trades/skills. #2 National Examination Models used by State

Regulatory Agencies; they vary now state by state. #3 Technology shift for contractors on the jobsite/more centralized online reporting databases for the regulatory industry.

Shift 1- Anticipated increase in public involvement as well. Shift 4- In particular relating to stormwater

management. Given the increasing impact of climate change as well as the major storm events that are a result of it, the

profession of landscape architecture will be called upon or directly involved in devising plans and approaches to address these effects of shifting climate. It will be important to maintain or increase visibility of this profession as a resource to public agencies, private developers, and other disciplines. It will be equally important to ensure that licensed professionals develop and maintain a proficiency in providing designs and solutions that respond well to climate affects.


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These big shifts are inter-related in terms of the profession over the next 7 years with the misunderstanding of the profession being the key driver to the other shifts. The less the public, governmental agencies and regulators understand about the profession, the less practitioners will get licensed and practice in the profession, gravitating instead towards other professions such as planning. Although the public and health professionals are becoming more aware of the natural and built environment's role improving health and wellness, the connection to the role of Landscape Architects is not as strong as it should be.

Many meetings these days are being held on the WEB with the capability of seeing the participants siting at

a computer. Also, using this computer to transfer plans and specifications between team members and contractors. Using a tablet or portable computer on the job site to view the electronic plans. Most L.A.'s find a niche to work in and follow that specialty during their career. This leads to specialized fields that are not regulated, per se, as licensing is given to those that pass a test the includes a variety of topics.

Bundled payment systems under the ACA requires that providers of long term care supports and services reduce costs, improve quality and reduce re-hospitalizations. This will require administrators of the various lines of service to work more closely together to assure clients are in the right setting at the right time. This will require administrators to have a broader range of knowledge and skills along the care continuum to be effective in their role as leaders and managers of LTC supports and services.

Climate change is affecting communities throughout the US and world in ways we may not fully comprehend at this time. Extreme weather events and the results of those events (floods, snowfall, ice, tornadoes, etc.) are in the news almost daily. The design of public and private facilities need not only to accommodate the changing extremes, but also need to mitigate or reduce negative impacts. This includes changes to transportation modes, looking at how our communities are designed (do they encourage vehicular traffic) and the ability of open, green spaces within our communities to provide additional infrastructure services (Eco-services) that can help feed us, handle storm runoff or cleanse pollution.


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Big Shifts Influencing Society as a Whole (2016-2023) Answered: 54 Skipped: 0

Respondents were asked to list a maximum of five (5) "big shifts" in society as a whole that they expect will occur over the next seven years. Shift #1 Answered: 54

A shift from design to design and the environment. A Shift from Suburban to Urban Living A change of focus from disease care to well care will be continued shift in western world on eastern groups with extreme ideology Increased demand for services via technology Increased reliance in online advice vs face-to-face Acute shift from personal communication to written (technological) communication mobile payment becomes the US norm Continued emphasis on urban living and decreased attraction of suburbia A shift from suburban living to more urban living Increase in non English speaking citizens as primary language Social Media Options more remote working electronically vs in a central office A significant increase in both business and social global connectivety. A shift from vehicular to pedestrian focus US will become majority minority population Economy (market) Global economic depression A shift from a homogeous society to a heterogeneous society A shift from larger government to smaller government. an increased interest in locally grown food products A shift to living well with less: water, energy, space and youth Greying of USA A shift from individual patterns to a shared economy A shift from the current focus on individuals and their rights to those of the larger society. Shift to communications beign all electronic based a shift from a white majority nation to a majority minority nation Further shift from hand to digital graphics shift from static workplace to mobile or home workplace From unlimited mobility to loss of (highly regulated) mobility. from virtual experiences to actual outdoor experiences Higher use of technology to engage practioners A lack of landscape architecture students out of college. A continued shift towards sustainable practices multi cultural society which is much more connected Decrease in acceptance of new development projects United State Presidency A shift from big manufacturing to locally sourced materials and farm to table. A continued shift from less awareness and understanding of landscape architecture towards increased

understanding and appreciation of the profession. A shift from a high water use society to water conservation Distrust in government Global warming affecting how and where we live More consumption of resources. less face to face communication Retraction of the debt-based economy A shift to less regulation within some areas Technology Driven Lives - autonomous cars, virtual personal assitants, etc.


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Retirement of baby boomers Rapidly growing aging population Increase in technology, less face to face interaction A potential further decline in overall economic prosperity leading to increased competition for market share A shift in age distribution from young to old a shift from iphones etc to virtual tools Continued challenges to the need for occupational licensure

Shift #2 Answered: 51 A shift from design to design and economic stability. A Shift towards Travel and Migration there will be a legislted shift on immigration in the US Consumers making more decisions on services/products that in the past were made under the "care" of a

professional Demographic shift to minority majority Shift from in-person meetings to virtual meetings virtual reality becomes ready for prime time and is widely applied A decline of long-accepted 'cornerstones' of our society: religion, the two-party system, 3 major TV

networks, A shift from office based working to remote/digitally connected working More short term job hopping rather than long tenure at one place of employment More virtual travel and life experiences how automated transportation (driverless) will affect our built transportation system A strengthening of local responsibility and connections. A shift from green approach to green adaptation Increased development and deployment of Artificial Intelligence (e.g.; autonomous vehicles) Online Media / Technology Widespread integration of robotics A shift from the "work hard" generation to the "play hard" generation A shift from more environmental regulation to less environmental regulation. a shift to more "green" development A shift from a eurocentric view of the world to reflect the non-European experience surge in Millennials in the work force A shift from driven transportation to driver-less transportation More emphasis on diversity continuing shift of importance/impact of federal level policy/action to local level policy/action Shift to virtual communication from face to face shift from hands-on review to automated review From feeling secure to not feeling so secure. always connected and sharing experiences Effect of the sharing economy Shift to digital medium and social networks Shift towards global economy communication--expected response times. Heightened issues surrounding available water China's economic forecast A continued and greater emphasis on sustainability. A continued shift from less awareness of the profession as a career option towards increased interest in

practicing the profession. A shift from driver cars to driverless cars Budgetary pressures at all levels of government Greater tollerance of LBGT and how families are structured Movement towards less government and bureaucracy. Robotics and automation A shift from in-house work force to contracted work force People and Environments will be more mobile and multi-functional Shifting demographics Growth of service will outpace workforce development


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Greater desire for on-demand services A tightening of the availability of water resources and restricted use for landscape purposes A continued shift in the distribution of wealth favoring the wealthy automated (driverless cars) Shrinking workforce due to advances in technology

Shift #3 Answered: 46 A shift from family to individual or couple. Shift from Advantaged to Disadvantaged Youth there could be a shift in greater access to education Increased expectation of immediate results Population shift from suburban to urban environments acts of terrorism increase, so does societal anxiety A de-emphasis on the automobile as the primary means of transportation. A shift from traditional data collection to more integrated digital data collection (via wearable technology) Increase in technology increases need for humans to reconnect to tough therapies, psychological therapies,

relationship therapies, etc Epidemics college will become less attainable by more of the population due to cost and the ROI An increase in self or special interest based decision-making. A shift from simplistic design to broader depth of education, stimulation and accessibility Further political polarization into uncompromising camps National Demographics self-driving vehicles, shared vehicles. A shift from news "on demand" to a shift to "news now" A shift from coal to gas and solar for electricity production. a shift to designs influenced by predicted climate change results A shift from meat and fish to insects and vegatable based diet increase in speed of technological advances in communication and information exchange A shift from office based work to increasing home based work More environmental consciousness continued shift of sustainable practices/policy into mainstream and SOP Shift to demanding more sustainable environment based on climate change shift from generalists to specialists From health care as we now know it to a process not yet conceived. value of experiences vs economic and environmental costs Pressure for lower costs yet higher services Global paradigm and economy communication--instant information Stricter enforcement of accessibility standards Terrorist attacks / Gun Control A shift from consumption to responsible development and re-use. A continued shift from separate accessible programmatic elements to increased appreciation and desire for

universal design. Shifting of tax burden from business to individuals Increase in global trade as a fundamental component of our economy Increase in environmental consciousness regarding issues such as sea level rise, global warming,etc. Self-driving vehicles A shift from large firm to small independent firms Continued security concerns Aging populations expect more service options A further shift towards technology replacing current human tasks resulting in a reduction in human based

labor A downward shift in the availability and affordability of higher education opportunities move away from agriculture Greater competition for fewer job opportunities


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Shift #4 Answered: 30 A shift from motorized transportation to non-motorized. Complete shifts in how education is undertaken Public demand for higher quality Continued shift from carbon-based energy sources to renewables. The speed at which information is transferred population will relocate based on lower taxes and cost of living, then work remotely An expectation of technology based problem solving vs. people-based solutions. Personal and career maturity of first digitally native generation widespread integration of information collection through consumer devices A shift from the "Me" generation to the "Me yesterday" generation A shift from less specialization in professions to more specialization in professions. a shift to designs which are more sensitive to local climates A shift to white collar women with economic power and displaced blue collar men continued growth of minority populations as a percentage of overall USA population particularly African and

Latino Americans continued shift to urbanization and resultant focus on urban liveability from Me generation to We generation Service disparities between urban/rural areas Global warming and its effect on landscape architecture more dependence on computer design/specifications Need to accomodate an aging population Environmental Concerns (earth quakes, floods, tsunamis, hurricane, etc.) Marginalization of poor Shift away from the automobile toward public transit Wider gap between classes impacting the middle class the most. Increased foreign troubles A shift from everyone having a college degree to more technical education Desire for less commuting will require cities to be affordable and livable Aging populations expect high level of service An increase in defensive/protective based design strategies to offset terrorist activities more urgency with regards to global warming

Shift #5 Answered: 24 A shift from motorized transportation to non-motorized. Complete shifts in how education is undertaken Public demand for higher quality Continued shift from carbon-based energy sources to renewables. The speed at which information is transferred population will relocate based on lower taxes and cost of living, then work remotely An expectation of technology based problem solving vs. people-based solutions. Personal and career maturity of first digitally native generation widespread integration of information collection through consumer devices A shift from the "Me" generation to the "Me yesterday" generation A shift from less specialization in professions to more specialization in professions. a shift to designs which are more sensitive to local climates A shift to white collar women with economic power and displaced blue collar men continued growth of minority populations as a percentage of overall USA population particularly African and

Latino Americans continued shift to urbanization and resultant focus on urban liveability from Me generation to We generation Service disparities between urban/rural areas Global warming and its effect on landscape architecture more dependence on computer design/specifications Need to accomodate an aging population Environmental Concerns (earth quakes, floods, tsunamis, hurricane, etc.)


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Marginalization of poor Shift away from the automobile toward public transit Wider gap between classes impacting the middle class the most. Increased foreign troubles A shift from everyone having a college degree to more technical education Desire for less commuting will require cities to be affordable and livable Aging populations expect high level of service An increase in defensive/protective based design strategies to offset terrorist activities more urgency with regards to global warming

Optional: Respondents additional context to their identified shifts.

This is a reflection of changing demographics. Also, with more awareness of issues through social media, people of all ages are making different and more informed choices.

A Shift from Suburban to Urban Living - The pace of urbanization has sped up noticeably in recent years

and city growth is continuing to climb to unprecedented levels. The exodus from countryside to cities is largely driven by a desire for economic empowerment. This societal change will result in a shift to a network of stable and prosperous megacities, new civic identities and ease in delivering services. A Shift towards Travel and Migration - As the price of travelling becomes less expensive and restrictions ease, the amount of people living, studying or working abroad will continue to increase. Continued migration has a significant impact on individuals, cultures, and economies alike. Shift from Advantaged to Disadvantaged Youth - Previously it was expected that children would grow to become wealthier than their parents. An unfortunate outcome of the recession in advanced economies is a lack of job prospects for young graduates. The burden on young people may continue to increase with tuition fees, repayment of student debt, increased cost of living and supporting their aging parents in the future.

there seems to be a new "vehicle" every year that is faster and more global than previous ones. 2) People can take a safari or a cruise on the Danube from their living room recliner. 3) Globally, as people traverl more, viruses seem to be spread more quickly. 4) See #1 5) Sustainability, in concert with preventing #3, seems to begetting more attention and respect

Shift #1 & #2 - At first blush these two may seem contraindicated. I believe we will an increase in local involvement as a result in globalization. While we are increasing able to work, live and play across global boundaries I think we still have an innate need for immediate, personal interactions that impact on our day to activities where we live. I see these two concepts working together to create a world where we are informed globally and acting locally, hopefully for the betterment of all. Shift #3 - Information and miss-information will continue to be increasingly available at lightening speed. As a result I believe we will see people forming opinions and reacting based on snapshots of information rather than carefully considered thought. As this happens we will see an increase in individuals and organizations take advantage of this in order to further their interest and cause and a decrease in finding common ground.


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we are starting to see the last 30 years of economic 'growth' through debt-creation fracture. The global economic system will need to reset. This 'should' result in a depression, which would clear the 'bad debt' and bad management from the system. We were due for this in 2008, and papered over it with more debt, exacerbating the correction as it comes. With the rising global tensions, this could easily result in a major war. I think we will be moving into the middle part of this rough patch by 2023. Professional impact: contraction as development collapses, realignment as public works stimulus projects ramp up. Eventual impact: better stewardship of public and private dollars, increased interest in low-risk development with guaranteed returns. 2) Manufacturing robotics, materials handling, delivery, down to store stocking and cashiering will see increasingly automated systems as the systems evolve and labor and healthcare costs increase. This creates the knock on effect of higher unemployment as 'workers are freed from the monotony.' Professional impact: Changes in the design of these facilities. 3) within 5 years we will see self-drive offered as an option on most vehicles, along with the automation of other devices. With the coming generation, we will see less car ownership and more car sharing through services that self-drive a car to your location for your specific need, meaning that the driver doesn't need to invest in the cost of the car or the associated storage and maintenance. Paradigm shift. Professional impact: Changes in the design of housing and commercial areas, streets, etc. 4) Most consumer devices will become part of the 'internet of things', tailoring the consumers' information needs to observed behaviors. Phones already 'listen' to hear what TV shows you are watching, movies, etc., home devices can already determine if additional 'supplies' (groceries, detergents) need to be ordered; automated ordering will not be far away. This completely changes 'retail', as is Amazon's and Google's intention. 5) Younger people are beginning to realize that the 'stuff-oriented' behavior of the previous generations equate to slavery to large spaces to house the unused stuff. Huge homes, self storage, garages full of unused stuff, multiple vehicles, boat, vacation home similarly stuffed...these are not the direction that the 20-30 year olds are interested in. Smaller, efficient homes, clear of clutter, able to be paid for without endless mortgage payments, and an exit from the 'starter house' mentality will equate to a more efficient design for neighborhoods that respects open space. Professional impact: More public recreation opportunities interest the younger generation, whether these are active sports oriented facilities or passive contemplative spaces.

The middle classes in many countries outside of Europe and North America will be ascendant and demand that popular culture reflects them. More women than ever will have equal opportunity, birth rates will drop and overall longevity will increase. At the same time we will hit the wall on all of the things enjoyed by the middle class (food, living space, cheap energy etc.) and other ways to satisfy middle class wants will be devised, such as switching to an insect based diet. In 7 years the full effects of climate change will be irrefutable and every government and business spending decision will accommodate it.

My belief is that the shift to digital medium, social networks and a global paradigm will continue to have an

effect on global warming. Population growth will continue to have an effect and as people return to the urban centers, we are looking at higher density. The lack of individuals willing to go into fields that are needed in the new economy will have a real effect on the economy.

Shift 1- Due to the movement to restore existing structures and resistance to change. United States Presidency - Spending on infrastructure and a healthy economy contribute to jobs for

Landscape Architects (in actuality all market segments will be affected). Depending on the President and their policies on spending, we will be watching closely as our profession is tied to the health of the economy. China's economic forecast - There has been articles about China's slowing economy. It's of interest because during the recession of 2008 - 2013, our economy was closely tied to China's growing economy. Terrorist attacks / Gun Control - two big hot button topics. The recent attacks worldwide has a lot of nations on alert to further attacks. The United States has a gun problem. This problem is being played out in the streets of Chicago and other dense urban areas. Environmental Concerns - Earthquakes are happening all over the world. Droughts in California. While this is nature taking it's course, it certainly feels like the last decade has had some wild weather patterns. Technological Advancements - Our global society has become dependent on smartphones and social media. Technology is advancing in transportation (self driving cars) and healthcare.

I've personally experienced an increased understanding of what the profession of landscape architecture is in recent years: more people lately who ask me what I do actually understand what LA is, rather than assuming that it is about gardening or maintenance. I've also experienced an increase over the years of aspiring landscape architects who went directly into this profession in college rather than starting somewhere else and switching over.


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With strides being made in the US in terms of sustainability such as the increase in mass transit and

reduction in the dependence on the automobile , other countries like China have shifted to the opposite paradigm. Although there is more environmental conscientiousness, there is also a trend towards less government regulation and oversight on this issue.

If you've read the Fourth Turning, you'll see where I'm coming from. -We have had 30 years of debt based

economic growth without real investment in the staples of what makes an economy **actually** work. That will change very soon. -Robotics and automation will 'free the human from drudgery', but it will also create yet more unemployment in a country with the lowest labor participation rate in decades. -Self driving cars will be on the road en masse within 10 years--this will change the concept of car ownership dramatically. -other countries will feel the economic and societal stress more than the US. I expect a large regional war. -The US will finally decide to take meaningful action on immigration.

The shift to contracted work force has been going on for years. It is becoming more apparent as regulations on work force pay and benefits hit companies and small firms. They cannot afford to continue being competitive and pay mandated benefits and pay. As for the regulations, the market place will become the catalyst for the above mentioned work force that will then provide for the lessening of regulations for some industries. Technical educated people will be needed to produce the goods and services that are required.

The aging population of citizens over age 65 and 85 is growing rapidly. This will require a growing well trained and educated workforce and more competition for that workforce in all segments of healthcare as well as non-healthcare professions. The baby boom generation expects a high level of service and to have many choices in how they age with a continued shift to a preference of aging in place, either at home or in a community offering a broad range of services that can support their changing needs as they age in the same community.

I believe that over the next 7 years the population of the world will become more demanding with regards to answers and solutions to global warming. Parts of this will include a shift away from traditional agriculture, especially cattle farms which use so much energy and generate so much greenhouse gases.

We are seeing regularly challenges from the Federal Government as well as some conservative groups that

occupational licensing hurts the free market place and limits the options available to consumers. That movement is not apt to decrease. Also, advances in technology have eliminated the need for human hands to perform various services which reduces opportunities in the field. Lastly, competition from related professionals and subprofessionals continues to grow which will continue to threaten firms from an


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Big Shifts in the World of Business (2016-2023) Answered: 54 Skipped: 0

Respondents were asked to list a maximum of five (5) "big shifts" in the world of business that they expect will occur over the next seven years. Shift #1 Answered: 54

A shift from central offices to dispersed locations with virtual offices utilizing technology. A Shift to Digital Business A shift from some mobile devices to mobile devices being the common communication device A change from going to a business for services to on demand services brought to consumer will be an increasingly measured shift toward alternative sources of energy e.g. solar and wind increase in remote staff...employees working from different locations Shift from brick and mortar to online A shift from in-person meetings to virtual meetings Continued growth of "sharing" economy More reliance on crowdsourced start-ups and less reliance on banks an other traditional forms of capital. A shift in expectations for what mobile technology can do for office productivity Demographics lead to retirement of a work force with knowledge and a deficit of seasoned experience more "work from home", i.e., Skype conferenceing all business records will be kept electronically, no paper An increase in larger companies and organization. A shift from multi-disciplinary firms to smaller practices Increasing cost and complexity of propping up failed healthcare insurance system Stock Market/Long-Term Investments further globalization of markets and increased competition within them Economic collapse A shift from generalists to "specificists" A shift from smaller businesses to bigger businesses. a shift to more environmentally sensitive practices A shift to accommodating women and older workers from middle aged and younger men Consolidation of the AE industry, growth of the Global Practice spurred by advances in mobile

telecommunications, 3D graphic technology A shift from RFPs asking for a consultant to asking for a consultant TEAM Shift to all electronic based communication sustainability practices/policies becoming increasingly mainstream/SOP Shift to bigger firms and less sole proprietors from static workplace to mobile or home workplace From computers in the office to iPads wherever you are. from working at a desk to working anywhere, anytime Outsourcing of professional activities to unlicensed professionals Business will only become more global Shift towards need for more LAs as baby boomers retire computers that run the entire office Industry consolidation The United States Presidency An (unfortunate) shift from the use of truth in graphics to computer technology and pretty pictures and not

well vetted design. A continued shift from value engineering and/or lack of funding of LA project involvement towards more

funding support for landscape architecture projects. A shift from "one-stop-shop" to multiple consultants teaming together Technology as a driver of change Increase in public spending on infrastructure Businesses will be downsizing without a reduction in productivity. global workplace connectivity increases Economy


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A shift from working within a localized area to working internationally or globally Workforce Demographics - younger, female, minorities Dropping productivity LTC Provider Companies will grow larger Greater usage of technology to connect with people A continuing shift towards the reliance upon automated services in manufacturing more global businesses Increased use of the Internet and Web based applications


A shift from bricks and mortar retail to online retailing. A Shift from Large Companies to Boutique Businesses A shift from some metrics to metrics being a common feature telepractice becomes widely accepted by consumers the automobile industry will increasingly market electric cars Increase in electronic and perpetual storage of data Demand for increased quality Companies which connect people with "just in time" services as opposed to products (e.g. uber) will

grow...people want to simplify their lives More businesses abandoning suburban office parks and heading back to the city A shift from centralized large offices to smaller more local offices A shift to increased technology for automating processes Global stock market sensitivities money will be completely electronic, no cash A decrease in medium sized companies and organizations. A shift to landscape being a more significant role in the design process Increase in digital financial vehicles, including non-currency based, such as bitcoin China declining labor market because increased technology Automation and robotics A shift from work at work to work anywhere A shift from local businesses to regional/national businesses. a shift to more telecommuting a shift to mechanisation of every standardised process from routine medical checks and stocking shelves to

delivering goods Commoditization of design due to continued development and use of design software and applications A shift from traditional office spaces to "alternative" spaces, as transportation congestion increases Shift to more local sourced services shift from long-term planning to shorter-term more flexibility/responsive planning Reduction of government spending from human to automated reviews From single vocational skill to multiple skills to survive in the workplace. design silos to multidisciplinary integration and coordination Increased growth of sharing economy Economies are more interconnected and will be effect by global issues Shift towards firm consolidation less accountants and attorneys needed Globalization of business activities China's economic forecast A shift from the world or design to an emphasis on the business of landscape architecture and being

profitable A continued shift from projects led by other disciplines towards landscape architecture led projects. A shift from brick and mortar studios to virtual studios Fewer high paying jobs Less face to face meetings and more virtual meetings Mergers and acquisitions will impact small business climate. retirement of the boomers A shift from demanding time in the office to working from a remote site more often


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Data-driven decision making, automation thinking Aging workforce LTC Provider Companies will expand their range of services Shift to telecommuting from going to an office A continuing shift of manufacturing jobs to locations outside of the US more flexible working scenarios Less one-on-one dealings with customers and vendors

Shift #3 Answered: 45 A shift from conventional marketing to use of social media. A Shift Towards Uncertain Times A shift from hierarchical to flatten organizations increasing shift toward use of mobile devises which will overtake desktop and laptop use Modifications in expectations and review of employees Quality healthcare at lower cost Millenials take over ...it's simply the demographics of it Continued emphasis on quality of life issues in the workplace, especially in high tech sectors. A shift from voice communication to written communication A shift to a need for ability to analyze meta data a slight shift to home-based, independent businesses most business will be reactive to the rapid changes that continually occur, a sense of always being behind Stabilization of the number of small companies and organizations. A shift to landscape architects being project lead for larger range of projects Gaps in education levels in population needed to support business Outsourcing more entrepreneurship will emerge as the labor market declines Consolidation of businesses through acquisition A shift from "human designed" to "machine designed" A shift from the current gap between workers and management's salaries to an even larger gap between

their salaries. a shift to more young (20 something) business owners a shift to artisanal everything to create premium products A shift from "fully-capable" to "most-capable", in terms of hiring increasing focus on work/life balance and wellness elimination of yearly annual reviews From fee for service to paid membership for access to services. balance aesthetics and function with regulatory compliance Conglomeration/purchase of start ups by established market players Consolidation of businesses to global corporations Shift towards digital market globally checks and currency greatly reduced Marketing through social media continues to grow The stability of troubled European markets A shift from emphasis on piped stormwater convenance to a focus on LID's, BMP's and a more landscape

focused and integrated response. Increasing concentration of jobs in service sector Increase in communication speed A positive increase in marketplace diversity will be seen. automation/robotics A shift from Big firms working on large projects to Small firms being connected electronically to work

together on large projects Cloud/Mobile/Virtual Decline in global growth LTC Provider Companies will be under increase pressure to lower costs A continuing shift towards the shortage of highly skilled (eductated) work force more virtual working Less inventory of work which will required greater liquidity by firms.


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A shift from importing and massive distribution to localized production and distribution. A shift from broad marketing to customer specific marketing Increased mergers and acquisitions ...less choices Better informed consumers resulting from online education The global economy will continue to influence decision-making in the business sector in this country A shift from desktop technology to productivity software being built for mobile devices A shift to a need for more interpersonal relations conduct people working longer, both in hours, and age verbal communication will begin to become less primary An increase in specialization. International Markets more design companies will consolidate into multidisciplinary firms Increased regulation A shift from licensed professions to anyone practicing a licensed profession (with the aid of technology) a shift to less traditional work practices a shift from mass production to quality production more metrics to measure success From sole proprietor to group, perhaps even with exclusivity. 2D design to virtual 3D More and more businesses will be popping up to address global warming stricter performance evaluations from peers and clients Increased emphasis on low impact design Natural resources (fossil fuels, natural gas, etc.) An expanded emphasis on redelopment of brownfield sites and the roll that landscape architects can play. Elimination of unions Businesses will be more cautious in terms of hiring and expansion due to slow economic recovery. Information gathering Higher expectations from employees for engagement Shift toward automation - more robotics LTC Companies will need to invest in workforce development A continuing shift towards more flexible and open work modes, styles and hours

Shift #5 Answered: 21 A shift from long-term corporate jobs to short-term and contract employment. A shift from words to video employers providing for education of employees/future employees Decreased customer loyalty Business location not as critical as knowledge and skills... and the ability to service an international client

base. higher education may be lost to "hands-on" experience meetings will be more video based instead of traveling to meet clients or colleagues An even greater reliance on technology base operation, production and communication. terrorism defense will become a bigger market niche' recognition of immigration action A shift from "money focused" to "risk focused" Longer work days a shift to total lifecycle costing and management From career to retirement, to lifelong career. Business will continue to need qualified candidates turnaround delivery time on projects greatly reduced. Terrorist attacks Vanishing pensions and health care benefits Webinars, teleconferencing, etc. will become the norm versus face to face interaction. Off shoring of intellectual talent/workforce LTC Companies will broaden their scope of services


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Technology is really allowing us to figure out how to do things in a variety of places and do so more cost-effectively, and perhaps lessening demand for complex infrastructure (transpo, utilities).

A Shift to Digital Business - Many businesses today are involved with online marketing and tools for reaching an online demographic/consumer base. With more and more people gaining access to internet/rapid developments in technology/general increase of use, businesses taking advantage of online platforms as a part of their strategy will become more widespread. Consumers, students, or the general public rely on the internet to gain access to information, services, or products. A Shift from Large Companies to Boutique Businesses - Smaller businesses are on the rise. The desire for freedom/autonomy from larger corporations will result in artisanal/boutique businesses becoming more prevalent. A Shift Towards Uncertain Times - Economic uncertainty is at the highest level it has been for years. The situation is predicted to continue, effecting consumers and businesses owners alike. Consumers will excersise more caution in their purchasing decisions, which may carry negative effects on businesses' prosperity and opportunities for employment.

regulation will need to keep up with changes in practice. Technology will push practice boundaries and standards.

Wearable technology and mobile devices seem like they will play an increasingly large role in the world of business. The more this technology gets developed, the more mobile and connected a workforce can be.

self-explanatory 2) We just saw the recent issues with Greese and China, and how volatile their actions were on the world/ 3) Self-explanatory, with #1 4) The trade-off from not commuting may reflect in longrt hours at work, but srtched ut over a longer day. People may not want to "retire". 5) With access to internet and practical experience, young people are starting to learn more on their own than in a classroom

I believe we will see a rapid decrease in the influence of geographic boundaries on business, fueled by

opportunities afforded by technology and globalization. I believe this will result in a climate that favors both the small and large business operations over the medium size group.

Debt based economy will eliminate millions of jobs as it resets. Cash-rich firms will survive if they are diverse, nimble and agile, but will not look the same on the other side. Everything changes. Cashless society? 2) Fewer semi-skilled workers as automation takes over relatively mundane jobs. 3) Smaller firms may be purchased by larger conglomerates (we are seeing this already as the leaders of the smaller firms age toward retirement). 4) Regulation appears to be driven not by need for public protection but in a manner that restricts use of the land and environment completely, for the sole use of wildlife. (increasing acquisition of lands and closures of those lands to formerly common use). 5) Business will take a stand, one side or the other, on the immigration issue. Either they will support employing people that are here legally, or they will support immigration reform--this will be a national effort though, where at present the arguments are diffuse and not well supported.

Shift #4: Less 8 to 5 Monday to Friday work environments Shift #5: such as more working from home after

hours

In seven years companies will need to retain older workers and women will be more equally distributed across the economy, flexible and reduced work hours will be the norm. Mechanisation will begin to displace every type of worker and wages will be reduced or curtailed for every repetitive task. Hand made products will become more valuable and less innovation may lead to a greater focus on quality. In a world with less resources and nowhere left to dump them, companies will be required to plan and provide for the total life span of their products.

Growth of mega global design firms will make it difficult for traditional medium size firms to compete, cost

and resource-wise, therefore here will be fewer medium size firms. Mergers and acquisition of Medium size firms will continue to grow. Small firms will benefit and support mega firms by providing local knowledge and expertise. Growth of digital rendering, including 3D rendering and design software and applications along with continuing rapid development of telecommunication technology will put downward pressure on design fees as firms offshore design and design documentation. Also mobile communicatons devices will allow designers to respond to construction site field conditions in real time anywhere in the world.


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Shift 1-Larger firms will continue to underbid smaller firms. More attention is being paid towards the need to restore ecological systems as well as the need for more

publicly available green spaces, especially in dense urban settings. The recent downturn in the economy and slow recovery has impacted the business climate of the future with

less money being spent on hiring, travel and benefits.

-I expect a global reset of the debt-based economy we've had since at least the early years of the Reagan administration if not the Nixon administration. This will dramatically limit credit availability for business operations, spec development, and real estate loans, eliminating equity loans, etc. That aspect changes the way most of the development industry operates. -The retirement of the boomers comes at a time when automation can take their place...which does not open up jobs for the younger generation. Automation in our own firm allows us to complete more work faster with less staff than was imaginable ten years ago. Some will work far longer, again not opening up opportunities to younger professionals. -Automation/robotics. More opportunities are coming on line every year to gather remote data with little effort, eliminating jobs. -Information will be marketed to industry from the Internet of Things. Home hardware / entertainment systems that collect data (seemingly passively in the background) will feed industry marketing information which will result in targeted marketing on a scale never dreamed of.

Although some of the "shifts" mentioned above are currently taking place, there will be more small firms or

individual entrepreneurs that will band together on projects that are global in nature due to their expertise and the ability to interact through social media to connect with others. Social media being a great advertising tool for a company and individual to list the experience and expertise that they have.

The need to serve a growing aging population will require a shift in the type of services offered and the need to increase the use of technology to minimize workforce pressures and reduce costs while at the same time increase the level of care.

We all are moving more in a paperless world that limits the amount of contact that we have with our

customers. This will impact how we market our services, deal with customers and handle our finances. Based on the ups and downs of the economy in recent years, I do not see a time in the future where firms will have a backlog of jobs to perform and which will require greater flexibility in terms of remaining solvent.


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Big Shifts in the Landscape Architectural Profession (2016-2023) Answered: 54 Skipped: 0

Respondents were asked to list a maximum of five (5) "big shifts" in the landscape architectural profession as a whole that they expect will occur over the next seven years. Shift #1 Answered: 54

A shift form focus on environment and design to a wider variety of practice areas including land planning, systems planning, resource protection, and economic analysis.

A Shift Towards Reaction to Climate Change A shift from joining a professional association to social networks no expertise with which to comments I am not the best person to repond to this question - given my background Added use of technology Specialization of practice I am not an LA - cannot answer Less employment/work opportunities will be available for the profession as a whole. n/a The public finally realizes what we do... and demands that landscape architects be involved in projects that

generate change in the physical environment. A shift from aesthetic based design to performance based design N/A International exchange of ideas, products and techniques. further consolidation of medium to large firms into mega firms An increase in globalized practice Please refer to the previous answers they also apply to this category Not familiar enough with field to assess LandArchs will gain more stature and responsibility in the professional design community Dealing with Positive Regulation Increased public work as a means to economic stimulus an employment A shift from location based design to anywhere design A shift from physically attending college to more internet based college learning. a shift to more native planting materials Shift to play grounds that get kids dirty from sanitised spaces Globallization of landscape design practice as mentioned in the previous question on business. A shift from traditional LA practices to new practice paradigms na shift from landscape architects as subs to landscape architects as prime Understanding and defining operations and maintenance, instead of finishing with plans ? No response increased partnership with civil engineers to meet regulatory compliance Use of technology for at-home DIY design Less and less qualified candidates Shift towards globally awareness of profession more computer 'geeks'--less designers in offices Same as the profession I practice and regulate Mobile devices as a platform Increased emphasis on the profession and health, safety and welfare. A continued shift from a small industry to a growing profession with an increase of licensed professionals,

public awareness, and funded LA projects. A shift from systems design aspects to our profession to elements that do not include systems design Technology driving productivity Multidiciplinary practice will be the norm, eliminating single discpline NA Economy


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A shift from a little known profession to one that is known as a leader on informed ecological subjects and planning

Continued environmental concerns, especially climate change, water conservation, pollution NA Not very knowledgable of this profession NA A continuing shift in the recognition of the Landscape Architects role in shaping our communities More importance of landscape architects as environment becomes more inportant Fewer people entering the profession

Shift #2 Answered: 37 A shift from licensure as evidence of competency to licensure plus certifications. A Shift Towards Economically Efficient Design Overhaul of education of landscape architects Increase in large multi-disciplinary firms The costs of doing business as a landscape architect will continue to rise The emergence of millennials to replace Boomers and Gen X.... different values and aspirations A shift from landscape architecture being a subcontracted role to being the primary role on projects More preservation of existing natural features resurgence of new start-up firms of 1 to 3 people because of the electronic ability An increase in highly specialized practice. LA will become more empirically based design profession Governmental Issues Automation A shift from regional firms to international firms A shift from a general license to specialized certifications. a shift to more water sensitive designs Shift to demonstratably perfomance based landscapes for health safety and welfare Increase in work for LA's due to effects of extreme weather, climate change, sea level rise. A shift from being an "amenity" to being a "necessity" increasing focus on work/life balance for LA firm employees Shift from hand to digital graphic presentations increase breadth of practice to meet edge of design specialties Digital media will continue to have a strong influence on landscape architecture Shift towards sustainability importance 3 D Plans the norm Blurring of professional lines / Specialization Emphasis on healthy ecosystem design. A shift from LA's being consultants to Prime Designers Voted millage for public projects Greater emphasis on coastal resiliance in response to climate changes Boomer retirement A shift from "talking to" legislator about the environment to being requested to speak about the environment

by legislators Number of landscape architects will continue to grow N/A A continuing shift towards a greater participation of minorities in the profession Global standards of licensure Greater use of available technology


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A shift from undergrad to grad programs. New innovations in assessment mechanisms for employers and licensing boards Shift from CD development to project oversight The lack of diversity in the profession will continue to be static. Technology.. technology... technology... touches every aspect of the profession, from site analysis and

product selection to client conferences and final presentations. A shift from architects to landscape architects as the most prominent/high profile designers of the outdoor

environment Education of the general public as to the value of the profession virtual offices where staff are working remotely and there is no central office Ever increasing ability to complete projects in less time. Landscape Architecture will become known for being more about site design/planning than planting design The concept of transportation A shift from single practitioner to multiple office firm all over the world A shift from offering an licensing exam in North America to offering a licensing exam internationally. a sift to more leed and sites certified designs Shift from low maintenance landscapes to high maintenance that keep people employed, provide

recreational gardening opportunities and food Increase in collaboration between LA's and allied design professions due to increase in use of LID strategies

and green infrastructure design techniques A shift from landscape architectural impacts being seen as "separate and "benign" to impacts being

analyzed below grade, at ground level and above ground level shift in firm ownership paradigm from partner-only ownership to ESOP model Shift from face-to-face to virtual communications increase perceived value of landscape architectural services Storm water and LID principles Shift towards diversity of profession BIM Changing environmental patterns Overlap by architects and engineers LA's role in transportaion will be more critical The impact of self-driving autonomous vehicles A shift from licensure regulated by individual states and provinces to licensure that provides the global

community to know that the licensed idividual is competent in Landscape Architecture without extra scrutiny Continued focus on Open spaces for public welfare N/A A continuing shiift towards a broader environmental response in the practice of Landscape Architecture More opportunities to work as a part of a design team on projects

Shift #4 Answered: 17 A shift to other degree programs so fewer graduates. Less students will enter into the profession. Research: no longer confined to academia but ingrained into the DNA of the more successful LA practices Possibly encompassing the Oceans and Seas regulation of licensing will be simplified or eliminated in the US a shift to more walkable related designs A shift to more fully include the "W" (welfare/well-being) in HSW regulation/certification SITES become SOP on major projects More reliance on landscape architect to help fund projects, i.e. grants. Global warming will continue to have an effect Site Specific Safety Plans Design software / tools evolve constantly Fewer workers doing more work The virtual office will become more commonplace A shift from education curriculum differences to a global standard of curriculum. New Technology N/A


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The planning profession will overtake the profession of landscape architecture in terms of job growth. Growing awareness of the sensitivity of the visual environment, and landscape architects' ability to evaluate

and affect positive change. Acceptance of "Green Architecture" to make it more affordable 1/29/2016 7:05 PM likely to be shortgaes of qualified landscape architects which would drive-up compensation levels or the

profession would taken over by the civil engineers..yikes a shift to more globally influenced designed More GEO design, i.e., data-driven planning and design Larger firms and less small firms and sole proprietors Aging professionals will continue to delete qualified candidates Drastic change in where work is done-less office time. Personal time more important than work Competition from other disciplines (planners, architects) will increase N/A Optional: Respondents additional context to their identified shifts.

Landscape architects are exposed to so much more now and are choosing careers paths that move away

form traditional LA practice into new areas, including some requiring additional training through education and experience.

A Shift Towards Reaction to Climate Change - Increased focus on environmental integrity- preserving,

enhancing, and creating it. Mitigating the consequences of human interaction with/abuse of the environment. A Shift Towards Economically Efficient Design - In the coming years, there will be a continuing effort "create more with less". This will require innovative thinking and experimentation with design, and use of materials to keep costs low while maintaining a high design standard. There may also be a potential shift to privately funded design and less government focus on the design of public space/other issues related to landscape architecture for the purpose of budget.

i don't have a background in architecture and can't comment Not familiar in detail with the professional ...see the previous answers re merged regulatory schemes . No gains will be made in the hiring of landscape architects, in particular in the public sector within the US.

Liability insurance costs for landscape architects will continue to rise in the private sector. I think perceptions of landscape architecture are changing, and people are starting to see more value in how

landscape designs can change the performance of a site (i.e. stormwater, energy conservation, wildlife habitat preservation, etc). As our profession continues to grow, we will see more prominent projects with landscape architects playing critical/visible roles and being seen as the lead designers.

4) In New Jersey we have "Clea Ocean Action", a group that works for the water environment. I see a

growing coordination with Landscape Architecture. 5) This includes residential soalr panels as well as "solar farms".

Shift #1 - This will be fueled by enhanced communication of information and ideas. Shift #2 - As the

technology and the geographic reach of practice continues to increase project complexity will increase. This complexity will fuel the growth of specialization. We have already seen this happening in the architecture profession. Shift #3 - This would seem to be unequivocally a good thing, both for clients and practitioners alike. To a point it will be, but at some point on this continuum we will reach a position where creativity, quality, and the human factor (both in process and product) are lost.

Not familiar enough with field to assess


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With (my) expected prediction of an economic reset, governments will take up the challenge of getting and keeping people employed, ala 1930's WPA, CCC, etc. While many professionals will adapt to the changing conditions in the private sector, many will not be able to, and may end up as employees of a recovery system focused on restoring our seriously degraded public works projects nation wide. 2)Automation allows my small firm to complete work to a depth and breadth unthinkable twenty years ago. Increased smart programs will be created and will have an increasing depth of algorithms that solve--quickly--"if 'A', then 'B', unless 'D','E' and 'F'. This results in quicker study of complex projects, (meaning faster delivery with far, far less staff required). I would expect this will integrate into VR environments within five years--designing on the fly, with hand motions, integrated into a software solution, available to smaller firms. 3) Transportation needs and deliverables will change dramatically. On-demand use of vehicles, rather than ownership could easily make large parking lots obsolete at business parks, schools, commercial areas, but result in a need for large queuing areas; Garages could be eliminated, etc. Transportation may decrease too due to increased virtual participation in business (office environment) where one goes to 'work' by leaving the living room and going into a 'personal office' to interact visually with other employees--who appear on screens around the space of within a large-format screen. We see this to a small degree with 'go to meeting', but collaborative and linked employees could easily transform the profession in this manner.

#1. Phyto-technologies, feral landscapes, regional evaluations, etc. Having retired from active practice 15 years ago, I am not even familiar with the current state of the

profession, let alone being in a position to anticipate shifts. I have had the impression that over the past 20 years there is a decrease in the general understanding and

desire to understand some of the technical aspects of landscape architectural design, especially relating to environmental regulations and methods to meet these regulations. The profession is becoming less visible in preparation of erosion and sediment control plans and compliance when this area of practice is becoming more regulated and required. The profession has embraced the design of green infrastructure, but not the technical aspects to meet current regulatory requirements nor leading the future stormwater trend of providing runoff volume control through water balance analysis and techniques. The profession appears to be fascinated with big bucks design aesthetic rather than the value of fundamental basic design of human elements within the natural environment.

Mobile devices as a platform - The world has become dependent on mobile devices. We advertise and network via social media. Landscape Architects need to be current on the latest tech developments. Blurring of professional lines / Specialization - I've been practicing since 2000 and have observed LA's preform many tasks. I remembered going to school in the late 90's and the duty of an LA seemed pretty cut and dry. Exposure to the real practice world, not so much. I see architect/civil engineers doing planting plans, mechanical engineers layout irrigation, etc. There has been a lot of different professions taking on aspects of landscape architecture which I find very troubling. Changing environmental patterns - The coastal cities have to monitor water levels with a change of global temperatures. The west coast is experiencing drought every summer. We have to consider elements such as these in our designs. In the late 90's LA's were still hand drafting. In the 2000's AutoCAD is the norm. Since 2012, arch firms have been pushing Revit. The design tools we are using are always changing and we have to keep up.

I do believe that site issues related to climate change will increasingly call for the involvement of landscape

architects to respond to these issues. I also believe that as licensure continues to gain credibility (by agencies/owners/other disciplines) that there will be an increase in licensed professionals. The licensing exam process needs to be further clarified to the industry/future exam takers, and made more consistent between all jurisdictions.

I've spoken about the economy in each of these--the reset will be enormous. I expect to see 'recovery' efforts with huge landscape architectural involvement (alongside public works efforts of enormous scale). The banking/development industry will be shaken to it's core. -Boomer retirement: Most LA's in our state are between 45-55--meaning 20 more years of practice for many of them, and many that cannot afford to retire. These will however serve as mentors for the younger practitioners, but I'm seeing a longer time in practice, a revisioning of the concept of retirement, etc. -Self driving cars that show up when called, fewer cars owned and more 'rented' or for hire, changes the design needs of everything.


Page 24

Landscape Architects are knowledgeable in all things environmental and ecological, they are not sought out by legislators or others to provide that knowledge. L.A.'s are working to change that through contacts with local, state and federal legislators and agencies so that L.A.'s become the "go-to" person for information on these subjects. As for working in the industry as a whole, L.A.'s have often felt blocked by regulations and extra testing when moving from one jurisdiction to another, whether withing the USA and Canada or globally. A shift in recognizing the licensing from a responsible organization such as CLARB should allow an L.A. to practice in any jurisdiction world wide. In order for the above to work, the education on a global scale must be uniform and the licensure requirements must also be standardized.

Great article for landscape architecture - http://inhabitat.com/10-green-design-predictions-for-2016/ Not being knowledge of this profession I cannot comment on this question

My sense that fewer people may be entering the profession is due to some antidotal information from recent

graduates who have been unable to procure meaningful employment in the field. The current economy does not provide for a great deal of security for fields such as construction and landscape architecture. I think this will be exacerbated by advances in technology that will eliminate current positions.


Page 25

Big Shifts in the Regulatory Environment (2016-2023) Answered: 54 Skipped: 0

Respondents were asked to list a maximum of five (5) "big shifts" in the regulatory environment that they expect will occur over the next seven years. Shift #1 Answered: 54

A shift from more regulation to less regulation. A Shift Towards Regulating the Use of Land/Industrial Emissions A shift from profession protection to consumer protection consolidation of stand alone boards increasing shift toward policy that provides mobility and portability Political scrutiny Increased scrutiny of regulatory board structure A shift away from regulation The public will demand less regulation. don't know but see an increased desire by practitioners generally to seek out credentials which demonstrate

their competency and which are often used as a litmus test in regulation Greater influence by the political party in power and their outlook re: the role of government in society A shift from written "one size fits all" codes and regulations to something more dynamic and customization to

each site. A shift to amalgamation of multiple professions under one board or agency Tax credits for solar and "Green Design" licensing of landscape architecture may be simplified, combined or eliminated An increase of regulation across geographic boundaries. A shift in environmental focus in all aspects of design Increased tension between pressure to deregulate and expectations of public protection Foreign licenses/education/experience will need a definitive method to equate to the CLARB standards that

can be agreed upon by all Dealing with the Government Push to increase and decrease regulation A shift from no questions from government to multiple questions from multiple sources A shift from individual boards to combined boards. a shift to more regulations Shift in providing more centralised services Shift to global standardization HSW requlations A shift from a "one size fits all" approach to a "case by case" approach Shift to greater movability of reciprocity/comty licensing requirements increasing incorporation of environmental sustainability in laws/regs/codes/zoning, especially vis a vis water

conservation and stormwater management Focus on climate change more state engagement per Supreme Court ruling No response increased compliance with NPDES regulations at all government levels Focus on economic regulation to improve the efficiency of market Global warming will continue to incourage more regulations Shift towards more regulation and awareness of environment More regional/national management Stricter regulation on low impact development The EPA will develop design standards as well known as the ADA design guidelines I don't have an answer to this question. A shift from referring to engineers and/or surveyors to referring to landscape architects in regulatory

documents/specifications. A shift from allowing runoff to not allowing runoff Deregulation of marginal professions The principles of sustainable practices will be obligatory not just preferred


Page 26

depends on elections Regulatory mechanisms as a restriction of trade A shift from individual licensing board to one national licensing board A shift from regulatory-based solutions to market-based solutions Elimination of regulation for occupations with low risk of public harm. Scope of Practice will expand Changes in the structure of regulatory boards An increasing shift towards regulations that require conservation of natural resources Ability to take exam wherever and whenever Continued challenges to occupational licensure


A shift from less regulation to more regulation. A Shift from Traditional Building to Placing Regulation on Sustainable Building Standards A shift in minimal metrics to individual metrics sunsetting boards with low potential for public harm will begin to shift away from regulating professions whose potential for public harm is more questionable Economic scrutiny Shift from public protection to focus on economics A shift from regulatory agency trust toward reg agency skepticism The costs incurred by regulatory agencies will rise as funding decreases. Greater demands to de-regulate professions where there is no clear threat to public H/S/W A shift from permit review processes taking weeks or months to hours or days A shift to deregulate that will result in much less public protection and more harm More enforceable regulations for preservation of natural features boards may be combined with other professions in an attempt by the politcals to show the public they are

reducing government A shift from LEED to more innovative green regulatory approaches Uncertainty created by political shifts in controlling party/political ideology Specialty certifications (ie Sustainable Sites, LEED etc) may become more important than a license in Title

Only juristictions Promoting Positive Regulation A shift from the status quo to constant change A shift from individual jurisdictions for licensing to regional/national licensing. a shift to more liability issues Shift to focus on part time workers Reevaluation of need for state regulatory boards A shift from "we are here because we are needed" to proving our reason for being by using consumer-driven

metrics increasing need for alignment of regulations intra- and inter-state Focus on sustainable design additional public and outside discipline participation increased compliance with erosion and sediment regulations because of the above Social regulation through crowdsourced information and information sharing LIDs and Stormwater will continue to have influence on design of landscape architecture Shift towards government regulations not being able to keep up with industry and professions Nationally accepted laws Stricter regulation on water quality and quantity ADA will continue to refine their standards Increasing pressure to avoid lawsuits, e.g., anti-trust Design standards will change to accomodate climate change i.e. flood elevation, stormwater Push to simplify A shift from current regulatory laws govening design and planning to more stingent regulation stifling

creativity and good design solutions A shift from strong education requirements to stronger experience requirements Threat of nationalization of licenses Practice standards will be raised


Page 27

An increasing shift towards regulations that mandate carbon neutral foot prints Ability to take exam and become globally licensed Continued "turf wars" between related professions

Shift #3 Answered: 30 A Shift to Regulation of Design Standard for the Disabled A shift from arbitrary state boundaries to national and international barrier freedom for mobility will be increasing emphasis on recognition of continuing competence Legal scrutiny Increased emphasis on increasing public members vs. profesisonal members More professional certifications will be developed. Universal licensure will be discussed globally and practiced spottily Reduced resources requiring boards and agencies to do more with less A review of coal vs. natual gas vs. oil and how to re-claim used sites constant re-educating of the elected polticals about landscape architecture due to the turn-over will be our

biggest challenge to maintaining appropriate regulatory oversight of the profession A shift to developing more sustainable maintenance practices Increased expectations from regulatory regime There may be more attempts to define the limits of each of the design professions and thus the types of

tasks they can each perform without overlap A shift from "one at a time" to "multiple efforts on multiple fronts" A shift from the current standards for licensing to more broad standards fro licensing. A shift from mainly just relying on monthly meetings to do our business to adding mandatory outreach and

education, as part of each board members responsibilities continued shift to performance-based regulations Focus on sustainable energy continued blurring of lines between professions increased compliance with post stormwater regulation because of the above Continued growth of the regulatory state during a time of legislative paralysis Water and the drought will continue to influence Certifications based on individual expertise The Department of Transportation will work on accommodating self-driving and electric vehicles. Fewer employees doing more work Bike/ped accomodations will be a requirement, not just an option A shift towards national standardization allowing mobility Consolidation of boards under umbrella agencies National Standards will advance An increasing shift from prescriptive development codes to performance based development codes focused

on quality of life, environmental health and ecological balance Shift #4 Answered: 20

A shift from initial competency to ongoing career long assessment of competency will be increasing shift on implications of technology Board membership scrutiny Regulation of internet practice The regulatory environment will shift focus internationally as it relates to licensure and portability. Confusion on the part of the public with the rise of competing professions (e.g., LEED v. landscape

architecture) Stricter penalties and fines for violations due to the above, will experience continuous sunset attacks by predatory politics Decreasing resources provide for regulatory regime A shift from "no challenges" to multiple challenges A shift from the current number of professions that are regulated to a lesser number being regulated. shift from minimal to major focus on climate-change-related challenges Less funding for traditional LA projects increased reliance on green infrastructure to meet the above regulations Qualified candidates availability


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Better exam questions Technology driving structural changes in business processes Land use policies will shift to focus on compact urban development Requirement for result/evidence based decision making Barriers to moving across states borders will be reduced


Scrutiny of state regulation....national/federal regulation? Increased overlap in discipline scope Challenges to regulatory laws and rules will grow. Technology will continue to influence every aspect of the regulator environment, from examinations to record

keeping. International cooperation ofr a cleaner environment fees will need to double to deal with all the above and that will give rise to the reason for elimination of the

licensing all together as it will be viewed as a pay to play scheme A shift from uneducated consumers to educated consumers signficant/serious threat from emerging contaminants, including nano particles, micro plastics Consider potential release of government held lands increased reliance on design integration to meet the above Digiital medium LA without Borders Anti-government attitude affecting professional licensing Greater state and regional regulations and less local Expectation of strategic thinking and adaptability for fast a changing society Academic Programs will grow and expand to meet the need for a well educated senior level professional


Politics -- and allocation of funding -- cause shifts in both directions. Generally, regulation seems to be increasing overall but funding that is sufficient to address adequate training and enforcement is not.

A Shift Towards Regulating the Use of Land/Industrial Emissions - If the use/abuse of natural resources and the release of pollutant emissions continues, as will the negative impacts of such actions. In a rapidly growing population, demands will increase and with this rise in consumer demand must come regulation on the use of natural land and pollutants in the atmosphere. Responsibility and consciousness in these spheres will become necessary to preserve natural integrity and increase environmental vitality. A Shift from Traditional Building to Placing Regulation on Sustainable Building Standards - As urbanization continues to grow, the need for accomodation and housing development will continue to increase. Although there are Green Building Standards exist for those who wish to pursue it (LEED, Sustainable Sites, etc.), I predict that with growing rates of development will come more strict regulation on the use of sustainable design, building and operation of new buildings. A Shift to Regulation of Design Standard for the Disabled - A recent shift in regulation has put a spotlight on the needs of the physically disabled (ex. AODA) whilemoving throughout the urban environment. I believe that this will continue over the next seven years, to not only design new spaces to accommodate these members of society but to retrofit existing infrastructure, buildings and public space for the benefit and ease of the disabled.

Government fiscal conditions will continue to put a focus on cost cutting and professional regulation that doesn't have a potential for high public harm may be deregulated. In additon, in professionals with a national exam, states are likely to accept the exam as their standard,allowing them to focus on investigation and discipline, not exam devleopment.

sorry for repeat answers ... #1 - I expect a shift toward a more "hands-free" market with regulation being limited/eliminated #2 - Worried

that regulatory agencies are going to be seen as "guarding the henhouse"


Page 29

I feel that as technology improves, the ability to write codes and regulations can start to become more customized for each site, rather than a more general city-wide approach. In general, advancing technology should make reviewing and approving permits a faster and more efficient process.

I do not anticipate this will happen as rapidly as the increase in professional practice across geographic boundaries. In support of this position I will refer back to Shift #1 related to society as a whole. I think we will see an increase of localities attempting to impact local requirements.

We have seen this for years, but are seeing the efforts become more overt and positions of various professions behave in a less flexible manner. Increased regulations as a means to limit L.A.'s professional activities as sponsored by AIA and Engineering disciplines (I have observed this personally since at least 2000); decreased regulations as a means to 'cut costs of government', 'streamline', 'deregulate unnecessary professions' and again, eliminate regulation of L.A. activities in efforts as sponsored by AIA and professional engineers.

If there is traction in establishing global standards how could it affect state regulatory boards. Would regulation be better administered at a regional level? Global standards regulated regionally? Virtual regional reg boards?

The regulatory environment is very dynamic, and has likely experienced a substantial shift since I was last subject to it.

The desire to improve water quality and minimize environmental impacts of development has resulted in the gradual implementation and insertion of NPDES (National Pollutant Discharge Elimination System) regulations at the national, state, and local level such that the initial push back to delay implementation is diminishing and these regulation have become applicable for every construction project in some areas. These regulations will become applicable to every construction project everywhere. It still amazes me that so many people have little to no idea what these are about and how to design to meet these regulations. There are biologists, environmental scientist, engineers, and other professions that have been gearing up to provide the services necessary to meet these regulations, but only a few landscape architects.

Greater awareness and understanding of the profession has helped to incorporate landscape architects into

regulatory processes.

-I expect other professions (engineering and architecture, naturally) to continue to push for elimination of landscape architecture as a profession, marketed as a way to save the respective states money by eliminating the regulations entirely. I expect also, that many professions and businesses will view regulations as restraint of trade, and will push for deregulation and streamlining. -I expect that many states will see demands from their governors to greatly simplify the regulatory process, up to and including the moronic idea of regulating through the means of the governmental equivalent of Angie's List (this is currently being postulated in Washington State by our legislature).

The profession and the industry are demanding common standards to facilitate practice across state lines. This will require a shift in state in regulations to advance a national standard. To break down silos of practice, a broad based license recognizing professionals with a broad based scope of competencies across multiple lines of service will become the preferred career path for entry to practice and for individuals responsible for multiple lines of service.

Less independent boards and more umbrella agencies As noted before, many feel that occupational licensure impedes the pubic's ability to obtain work at a fair

price irrespective of the need to ensure the individual providing the service has demonstrated their competence. There are a number of existing occupational licenses which I agree do little to serve the public but the occupations that deal with the as-built environment get included in the discussions with the licenses for hair braiders and tanning booth operators. The major occupational licensing groups, i.e. landscape architecture, architecture, engineering, surveying, will need to maintain a strong voice in order to differentiate us from the lesser groups and to reinforce how our work ultimately protects the public.


Page 30

Respondents were asked to provide additional input they would like to share.

This is an incredibly valuable survey with questions that allow one to slow down and look at the world we are facing today. Taking a serious glance at the broader prospects of our future- whether in the profession, society as a while, the world of business or the regulatory environment- is of vital importance to the practicing landscape architect. As the allied professions of planning, urban design, architecture and landscape architecture continue to merge and collaborate, it is with a clear vision of the future- both long and short term- that will enrich the design process. It will enable standards of professional practice to remain current and up-to-date, equip practitioners with the knowledge necessary to design with responsibility and diligence, and by design fuel the greater good of all communities- large or small- and those living within them. Thank you, CLARB, for allowing me to provide my input on these very pertinent questions.

I had a bit of a difficult time responding as I thought some of the questions were too broad and overlapped in regards to the profession.

Change is inevitable.. how we manage it is the key to the future of our organization. This is a beneficial and provocative survey, thank you.

I personally am feeling much more cynical these days given all the negative world issues, incompetent

government action or inaction, poor decision making by our public leaders, lack of good public leaders that have good judgment and are considered trustworthy and not on the take. There is a general lack of trust with anything regulatory and I am afraid as the pendulum swings back from the over reaching government shenanigans of the last few decades, licensure regulation will become a collateral casualty all in the false pretense of less government. The question is, can we prevent this from happening?

Thanks for putting up with my predictions. We will see, as stated in the book The Fourth Turning, some very

interesting changes in government, societal behavior, personal reaction, and economics. There's not really anything new in any of that, however...

Sorry gotta go :) No comment. I have practiced on the fringes of landscape architecture providing technical assistance to other LA's for

many years and am concerned about who will provide these services when I no longer practice. My current interest/mission in the profession of landscape architecture is to promote licensure. I’ve known

many landscape designers who delay or don’t pursue a license for a variety of reasons - they don't need one for employment (under a licensed professional); the process is perceived as unclear or daunting or expensive; too much time may have passed since graduating from a LA program and the exam/license does not feel realistic or necessary any more... I am hoping, with what I observe as an increased awareness of and interest in landscape architecture, that more people will not only pursue licensure but promote it as essential to the profession. The general shift towards the increased public perception of the resource and value in landscape architecture is a boon to the profession, and increasing the number of licensed landscape architects will help reinforce this shift.

CLARB needs to be nimble. Big changes are coming. Read the book The Fourth Turning, and you'll see

what I mean.

My board will be going through this process on February 24. I will plan to share any additional topics with Veronica.

I see a significant window of opportunity and open acceptance from the profession, the industry and the

regulatory community to change how the profession is education, trained and licensed in the future.


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The economy is driving many of today's concerns and is causing everyone to re-evaluate how they do business. Design professionals need to strive to continue to provide the best product possible at reasonable costs. I believe firms will need to be more agile and may need to merge with other design professionals to allow for a team concept to better adjust to market conditions.

Nevada State Board of Landscape Architectu.i I: C l:1v Application for Professional Registration Nov 1 � O

Please Type or Print Legibly in Black Ink Completing All Sectiol!e""'a I <0/G ana8C: Stat. Nonrefundable Application Fee Registration by Examination $175"ffrir�!711r<10,

Nonrefundable Application Fee Registration by Reciprocity $100.00 ectt.Jre

All returned exams must be delivered to the Board office at least 2 weeks orior to the meeting in order to be aDDroved. Section 1 ldentifvina information

Last Name

(<U First Name

sh�V\ Date of Birth

olf 10(1'tlPb Place of Birth Social Security Number Citizenship or Legal Residence

c�'"'t\ bi.3- ��- l&b, t). $· � Residence Address

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Have you ever served in the military? D Yes • No

If yes, Which Branch(es) of Service? (Circle all that apply) Army/Army Reserve; Marine Corps/Marine Corps Reserve; Navy/Navy Reserve; Air Force/Air Force Reserve; Coast Guard/Coast Guard Reserve; National Guard.

What was your Military Occupation or Specialty?

What were your Date(s) of Service:

If the answer to any of the following questions is "yes" attach a detailed explanatory statement.

1. Have you ever been convicted of a r/1/isdemeanor or gross misdemeanor?2. Have you ever been convicted of a felony?

Applicant Name Shqn � Date Submitted / I - f - ( bNevada State Board of Landscape Architecture Registration Application Revised 4-2016

D Yes ill NoD Yes• No

Agenda Item 8A

Section 2 Landscape Architect Registration

Registration by Examination Candidates may omit this section-

Registration by Reciprocity Candidates-List all states or provinces of Canada, which have issued you a certificate of registration, use additional sheets if needed.

0 Submit verification from your home state of registration or province of Canada that you are/were active and registered in good standing, with no disciplinary action ever taken and that you received a minimum passing score of 75 percent on each section of the national examination.

0 Submit verification from each additional state or province of Canada that you are/were active and registered in good standing, with no disciplinary action ever taken.

1 . Name of State or Province of Canada Date of Registration

II, Address of Board issuing Certificate of Registration

/ City, Zip code

E-mail address of Board Issuing Certificate of Registration Registra7ber

2. Name of State or Province of Canada

/ Date of Registration

Address of Board issuing Certificate of Registration

/ City, Zip code

E-mail address of Board Issuing Certificate of R/

on Registration Number

3. Name of State or Province of Canada/

Date of Registration

Address of Board issuing Certifica/

egistration City, Zip code

E-mail address of Board lssuirertificate of Registration Registration Number

Professional Orgai� Please provide a list o rofessional organizations of which you are a member.

Applicant Name SAtJt.1/] C OtA.' Date Submitted // - f - t 6 Nevada State Board of Landscape Architecture Registration Application Revised 4-2016

Section 3 Professional Practice

For Registration by Examination Candidates-State in chronological order the name and address of each employer. Use additional sheets as needed. Please include with your application a completed Post Graduate Work Verification Form for each employer listed. http://nsbla.nv.gov/uploadedFiles/nsblanvqov/content/Forms!ProfessionalExperienceVerificationForm.pdf

For Registration by Reciprocity Candidates-Provide verification of 2 or more years of active engagement In full-time practice as a Registered Landscape Architect. Use as many forms as needed to provide verification for 2 years. http://nsbla.nv.gov(uploadedFiles(nsblanvqov(content/Forms/ProfessionalExperienceVerificationForm.pdf

Council-of Landscal!!J!. Architect8eg_istration.Board Certiflcate-helders ma� omit..fhis"section.

Name of Employer Dates of Employment

./"' Address City s/ Zip code

Title of Position Held Duties Performed

Describe in Particular Duties Performed in the field of Landscape Arch7

Name of Employer

/ Address

/ City State

Title of Position Held tries Performed

Describe in Particular Duties Performe7

€i field of Landscape Architecture

Name of Employer

/ Address

.,///City State

Title of Position Held/ Duties Performed

/

Describe in P?ular Duties Performed in the field of Landscape Architecture

Applicant Name s A 4 Vl C "vi' Date Submitted / f - ( - I bNevada State Board of Landscape Architecture Registration Application Revised 4-2016 3

Dates of Employment

Zip code

Dates of Employment

Zip code

Section 4 Professional References

All Candidates-Submit 4 professional references, 2 from registered landscape architects and 2 from other licensed professionals In a related design profession who have direct knowledge of your professional abilities. All references must be stamped by the person providing the reference. h11R.:{lnsblg.nv.gov{4!Rl.oaf/.edFile§f..nsblanm.ovLconf§.nt!Forms/LandscaaeArchiftlctReterenceForm.ll!!t.

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, s, i f>t�etree. La.�e.. 2. Name of Landscape Architect

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Nature of Relationship

S &.If> et-u, sot" State Zip code

c� '111?0 Nature of Relationship S"1'eY() �S<rr

State Zip code CO\ 9�d'• 2..

Nature of R�lationship S \A.f)evvts,,...,..

State Zip code ct\ C)IIOb

Nature of Relationship (o - wt1Yk.er

State Zip codeCtA. 10012.

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Applicant Name S) h Cl V\ Cavt' Date Submitted / I - l - l b Nevada State Board of Landscape Architecture Registration Application Revised 4-2016 4

Section 5 Education

All Candidates-State in chronological order the name and address of each institution attended, the dates spent at each, major, indicate the degree received if applicable and the year of graduation. Use additional sheets if needed.

Registration by Examination Candidates-Arrange to have transcripts from all educational institutions forwarded to the Nevada State Board of Landscape Architecture.

Council of Landscaoe "Arcmtect Regjstration Board Certificate l1o1ders mar. omit this section. ·- -

1. Name of Institution

Address City State

Degree Received Major

/ 2. Name of Institution

/ Address City

/ State

Degree Received

7 3. Name of Institution

/ Address

/ City State

Degree Received

/Major

4. Name of lnstitutio/

Address

/ City State

Degre7

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Applicant Name f;' Aa � C Cvt' Date Submitted I t-r -I 6 Nevada State Board of Landscape Architecture Registration Application Revised 4-2016

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Dates Attended

Graduation Date

Zip code

Dates Attended

Graduation Date

Zip code

Dates Attended

Graduation Date

Zip code

Dates Attended

AFFIDAVIT

I certify the information contained in this application to be truthful, complete and accurate.

I acknowledge that the Nevada State Board of Landscape Architecture will compile and evaluate a record containing all aspects of my education, experience, moral character and reputation. I agree to provide any additional information as requested by the Board. I hereby authorize any individual, company or institution with whom I have been associated to furnish to the Nevada State Board of Landscape Architecture any information concerning my qualifications for professional registration in Nevada which they have on record or otherwise, and do hereby release the individual, company or institution and all individuals therewith from all liability for any damage whatsoever incurred by me as a result of their furnishing such information.

I attest that if I am subject to a court order for child support of one or more children that I am not out of compliance with the order or with a plan approved by the District Attorney or other public agency enforcing the order for repayment in the amount owed pursuant to the order.

I acknowledge that any statements, papers or documents received by the Board in its investigation may be transmitted by the Board to the Council of Landscape Architectural Registration Boards or other political subdivisions registering landscape architects as requested.

I attest that I am a citizen of the United States or that I am lawfully entitled to remain and work in the United States.

Signature of Applicant --�C.....,,,,_9:_.e. ___ t::S ___ -__________ Date __ l_o_-_2._l_-_2.,_o_,_'=-_

State of GJ,,v � � � County of __ L_o_'4_(�-�------

Being first duly sw n, deposes and says: I am the applicant named in this application, have read and understand the contents thereof, and to the best of my knowledge and belief, the foregoing statements are true and correct in every respect.

Subscribed and sworn to before me this __ 2-_I __ day of _O_c_-6_a ...... k_12A_�-· 20 ( ,b

Signature of Notary Pub;;� /E?{ 1

� commission expires ur fr, tt,/�to

NOTARY SEAL - Commission # 2063683� Notary Public - California �

Mail should be sent to {choose one)

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J Los Angeles County �

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zxgir:s oMfY J·J21 !! home address ___ _ office address __ _

Please securely attach a recognizable photo (2"x 21/2"). Photo must be taken within one year of submission of this application. Affix your signature and date of the photo over the lower right-hand corner of the photo.

Applicant Name Sh "n C � Date Submitted I f- I - I b Nevada State Board of Landscape Architecture Registration Application Revised 4-2016

6

WAIVER

NEVADA STATE BOARD OF LANDSCAPE ARCHITECTURE Saturday December 4, 2016 9:00AM

The Nevada open Meeting Law, NRS 241.033(1) (see below), states that the "public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person, unless it has given written notice to that person of the time and place of the meeting." Such written notice must either be (a) delivered personally to that person at least five (5) working days before the meeting, or (b) sent by certified mail to the last known address of that person at least twenty-one (21) working days before the meeting. I hereby acknowledge my right to be noticed under NRS 241.033, however, I hereby waive such notice so that the Nevada State Board of Landscape Architecture may discuss and consider my qualifications as a Landscape Architect at its next meet. I understand the Nevada State Board of Landscape Architecture meeting is scheduled to commence at time on day, date.

I further understand that the Nevada State Board of Landscape Architecture meeting is scheduled for day, date, at time, at address, Nevada.

Please fax this completed form to: 775 671-3242 Or Email to: [email protected]

Date s hoti1

Printed name

�:=;:�q-r----Signe

NRS 241.033

Meeting to consider charact•r, misconduct, competence or h••th of parson or to consider appeal of results of examination: Written notice to per.son required; axctiptton; public body required to allow parson whose ch.,..ctar, misconduct, competence Of" health Is to be considered to

attend with representative and to present evidence; anendanC9 ol additional persons; copy of record.

1. A public body sho.11 not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person ol the results of an examination conducted by or on behalf ol the public body unless it has:

(a) Given written notice to that person of the time and place of the meeting: and

(b) Aaceived proof of service d the notice.

2. The written notice required pursuant lo subsection 1:

(a) Except as oth-.Se provided in subsection 3, must be:

(1) Delivered personally to that person at least 5 working days before the meeting; or

(2) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.

(b) May, with respect to a meeting to consider the character, alleged misconduct, professional competence, or ph�ical or mental health of a person, include an infamational statement setting forth that the public body may, without further notice, take administrative action against the person if the public

body determines thlll such administrative action is warranted after eonsidering the character, alleged miseonduct, professional competenee, or physical a mental health of the person.

(c)Must iroclude:

(1) A list ol the general topics concerning the person that will be considered by the public body during the closed meeting; and

(2) A statement of the provisions of subsection 4, if .,.:,plicable.

3. The Nevada Athletic Commission is exempt from the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 2, but must give "wTitten notice of the time and place of the meeting and must receive proof of service of the notice before the meeting may be held.

4. ti a public body holds a closed meeting or closes a portion of a meeting to consider the character, alleged misconduct, prof86Slonal competence, or physical or mental health of a person, the publie body muGl allow that perGon to:

(a) Attend the cl05ed meeting or that portion of the cl06ed meeting during v..tiich his char�er. alleged misconduct, professional competence, or physical or mental health is considered;

(b) Have an attorney or other representative al his choosing pre&ent 'Mth him during the closed meeting; and

(c) Present written evidence, provide testimony and present wib'lesses relating to his ch.-aeter, alleged misconduct. professional competence, or physical or mental health to the public body during the cl05ed meeting.

5. Except as otherwise provided in subsection 4, with regard to the attendance al persons othet than members al the public body and the person Ylhose characier, alleged misconduct, professiooal competence, physical or mental health or appeal al the results of an examination is consideC"ed, the

chairman al the public body may at anytime before or during a closed meeting:

(a) Determine which additional persons, if any, are allowed to attend the closed meeting or portion thereof: a

(b) Allow the members of the pubWc body to determine, by majority vote, which additional persons, if any, are allowed to irttend the closed meeting or portion thereof.

6. A public: body shall provide a copy al any record of a cl0$ed meeting prepared pursuant to�. upon the requei:t of any person v.tlo received written notiee d the clOGed meeting pursuant to $Ubsection 1.

7. For the purpa.• of this section, casual or tangential references to a person a the name al a person during a cJOGed meeting do not constitute consideration of1he character, alleged misconduct, profesaional competence, a physical or mental health al the person.

Nevada State Board of Landscape Architecture LANDSCAPE ARCHITECT PROFESSIONAL

REFERENCE FORM

APPLICANT NAME: ___ S_h_c_;{_n ___ C_c:u_� _________ _ Please keep in mind it is the intent of licensure to insure the safeguarding of public health, safety and welfare, and it is the Board's responsibility to grant licensure only to those who are qualified for the profession on the basis of quality of work, moral character and practical experience in Landscape Architecture. As one of the applicant's references, it is expected that you are familiar with the applicant's professional work and have knowledge of his/her ability, character, and reputation.

1. How long have you known the applicant? / 99 9 -H C wvvovf

2. In what setting(s) and with what frequency did you observe the applicant? (I.e., office,educational institutions, professional organizations etc./daily, weekly, monthly, etc.)

T/Ll'''C,Uj t1.-- WOY{< f { C'-LRg_ Cu}� 0 C{ g..;fe_g

3. Would you be pleased to have this applicant as an associate with you in practice?� Yes D No

4. My general recommendation concerning this applicant is:1 . Recommend highly without reservations2. Recommend as qualified and competent v

--------

3. Recommend with some reservation4. Do not recommend

5. Please indicate, to the best of your knowledge, the applicant's qualification toward the practiceof Landscape Architecture by placing an X in the appropriate space below.

Phase/ Activity Excellent Satisfactory Marainal Unsatisfactory Unknown Technical

v' Competence Professional

v Integrity Character

v' (honesty,ethics)

6. Do you consider the applicant fully qualified to become a registered Landscape Architect inthe State of Nevada?Q9 Yes D No

Please provide by attachment any additional information or comments you feel would benefit the Board in determining the applicant's qualifications for licensure.

Revised 4-1-2016

Received 11-22-2016NSBLA via Email

I attest that the referenced applicant is of good moral character and has never:

Been convicted of a felony, misdemeanor or gross misdemeanor that is directly related to the practiceof landscape architecture; committed an act involving dishonesty, fraud, misrepresentation, breach ofa fiduciary duty, gross negligence or incompetence while engaged in the practice of landscapearchitecture; incarcerated in a jail or prison at the time of submitting an application for a certificate ofregistration or a certificate to practice as a landscape architect intern; committed fraud ormisrepresentation in connection with the submission of an application for a certificate of registrationor certificate to practice as a landscape architect intern; or the taking of one or more examinationspursuant to the provisions of chapter 623.A; had a certificate of registration suspended or revoked bythe Board or in any other state or country; in lieu of receiving disciplinary action against himself,surrendered a certificate of registration or certificate to practice as a landscape architect intern in thisState or a certificate or license to practice landscape architecture issued in another state or country; uengaged in the practice of landscape architecture in this State or in any other state or country withouta license or certificate of registration or certificate to practice as a landscape architect intern within the2 years immediately preceding the filing of an application for a certificate of registration or certificateto practice as a landscape architect intern pursuant to the provisions of this chapter; within the 5years immediately preceding the filing of an application specified in the previous statement, engagedin unprofessional conduct in violation of the regulations adopted by the Board.

License? Professio�al? R)'Yes �No Profession: �Q v\CA9C'0.:f2 8:rd1 j ·texk

License #/State:_±-....-(.....a9C)'"-· ___ C"-'-A __.120 place state stamp over signature)

Date: _....,_l \--�-{ q_b_( (p ___ _

Revised 4-1-2016

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[Rev. 5/23/2016 8:36:23 AM--2015]

CHAPTER 623A - LANDSCAPE ARCHITECTS

GENERAL PROVISIONS

NRS 623A.010 Legislative declaration.

NRS 623A.020 Definitions.

NRS 623A.030 “Board” defined.

NRS 623A.033 “Certificate of registration” defined.

NRS 623A.035 “Direct supervision” defined.

NRS 623A.040 “Instruments of service” defined.

NRS 623A.050 “Landscape architect” defined.

NRS 623A.055 “Landscape architect intern” defined.

NRS 623A.060 “Practice of landscape architecture” defined.

NRS 623A.065 Good moral character.

NRS 623A.070 Applicability of chapter.

STATE BOARD OF LANDSCAPE ARCHITECTURE

NRS 623A.080 Creation; number, appointment and qualifications of members; terms; oaths; removal; vacancies; immunity.

NRS 623A.090 Salary of members; per diem allowance and travel expenses of members and employees.

NRS 623A.100 Officers; appointment, salary and duties of Executive Director.

NRS 623A.110 Meetings; quorum.

NRS 623A.120 Employees: Hiring, compensation and reimbursement.

NRS 623A.130 Duties.

NRS 623A.133 Preparation and adoption of code of conduct.

NRS 623A.135 Record of certificates: Maintenance; contents; availability for inspection and sale.

NRS 623A.137 Confidentiality of certain records of Board; exceptions.

NRS 623A.140 Powers.

http://www.leg.state.nv.us/nrs/nrs-623a.html#NRS623ASec010





















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NRS 623A.143 Authority of Board to grant or deny applications for or revoke or suspend certificates to practice as landscape architect intern, hold membership in certain organizations and administer examinations.

NRS 623A.147 Fiscal year.

NRS 623A.150 Deposit and use of money collected by Board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or cost of investigation.

NRS 623A.160 Designation of Attorney General as legal adviser.

CERTIFICATES

NRS 623A.165 Practice of landscape architecture or use of certain titles without certificate prohibited; issuance of certificate; proration of fees; contents of certificate of registration.

NRS 623A.170 Certificate of registration: Qualifications of applicant; application; study equivalent to work experience; standards for examinations; regulations; deadline for application.

NRS 623A.180 Certificate of registration: Action of Board on application; notification of applicant.

NRS 623A.182 Certificate to practice as landscape architect intern: Qualifications of applicant; application.

NRS 623A.184 Certificate to practice as landscape architect intern: Issuance of certificate; supervision by holder of certificate of registration; expiration; renewal.

NRS 623A.185 Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 623A.185 Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, 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.]

NRS 623A.187 Crediting of work experience; regulations; applicant required to comply with requirements for education and experience before taking examination.

NRS 623A.190 Examination; prohibition on participation in preparing or grading examination.

NRS 623A.193 Certificate of registration: Issuance without examination.















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NRS 623A.195 Certificate of registration: Issuance and use of seal; regulations; unlawful acts.

NRS 623A.200 Certificate of registration: Expiration, renewal or reinstatement; issuance of renewal card; record of renewal; unlawful acts.

NRS 623A.210 Certificate of registration: New certificate required after failure to renew within 3 years.

NRS 623A.215 Certificate of registration: Continuing education; regulations.

NRS 623A.220 Certificate of registration: Renewal of suspended certificate; reinstatement of revoked certificate.

NRS 623A.225 Issuance of temporary certificate prohibited.

NRS 623A.230 Notification of Executive Director upon change of address or if certificate of registration is lost, stolen, destroyed or mutilated; duplicate certificate of registration; regulations.

NRS 623A.240 Fees.

NRS 623A.250 Conditions under which business organization or association may practice landscape architecture; conditions under which landscape architects may form business organizations or associations with certain other persons; business organization or association and certain owners responsible for violations.

NRS 623A.260 Conditions under which business organization or association may establish and operate branch offices.

LANDSCAPE ARCHITECT INTERNS

NRS 623A.263 Application; qualifications of applicant. [Replaced in revision by NRS 623A.182.]

NRS 623A.267 Issuance of certificate; supervision by holder of certificate of registration; expiration. [Replaced in revision by NRS 623A.184.]

DISCIPLINARY AND OTHER ACTIONS

NRS 623A.270 Authorized actions of Board; conditions of probation; orders imposing discipline deemed public records; private reprimands prohibited; regulations.

NRS 623A.280 Grounds.

NRS 623A.285 Suspension of certificate for failure to pay support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses



















Page 4 of 31

for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 623A.290 Complaint against holder of certificate: Contents; filing.

NRS 623A.305 Consideration of complaint by President of Board; recommendation to Board; action by Board.

NRS 623A.350 Limitations on complaints.

MISCELLANEOUS PROVISIONS

NRS 623A.351 Immunity from civil action.

NRS 623A.353 Confidentiality of certain records of Board; exceptions. [Replaced in revision by NRS 623A.137.]

NRS 623A.355 Inclusion of number of certificate of registration in advertising and business cards.

NRS 623A.357 Allegation and proof of certificate in action for compensation.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 623A.360 Prohibited acts; penalty.

NRS 623A.365 Civil penalty.

NRS 623A.370 Injunctive relief; remedies cumulative.

_________

GENERAL PROVISIONS

NRS 623A.010 Legislative declaration. 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)

NRS 623A.020 Definitions. 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)

NRS 623A.030 “Board” defined. “Board” means the State Board of Landscape Architecture.

(Added to NRS by 1975, 1464; A 2001, 502)



















Page 5 of 31

NRS 623A.033 “Certificate of registration” defined. “Certificate of registration” means a certificate of registration issued by the Board to a landscape architect pursuant to the provisions of this chapter.


NRS 623A.035 “Direct supervision” defined. “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.


NRS 623A.040 “Instruments of service” defined. “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)

NRS 623A.050 “Landscape architect” defined. “Landscape architect” means any person who engages in the practice of landscape architecture.


NRS 623A.055 “Landscape architect intern” defined. “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.


NRS 623A.060 “Practice of landscape architecture” defined. “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)










Page 6 of 31

NRS 623A.065 Good moral character. For the purposes of this chapter, a person has good moral character if the person:

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;


(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;





(Added to NRS by 2001, 497; A 2003, 2703)

NRS 623A.070 Applicability of chapter.

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.


http://www.leg.state.nv.us/Statutes/72nd/Stats200322.html#Stats200322page2703

http://www.leg.state.nv.us/nrs/NRS-623.html#NRS623

Page 7 of 31

(c) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his or her own drawings for his or her 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 or herself out to the public or advertise himself or herself as a landscape architect or a landscape architect intern.

(Added to NRS by 1975, 1469; A 1995, 1049; 1997, 1037; 2001, 502)


NRS 623A.080 Creation; number, appointment and qualifications of members; terms; oaths; removal; vacancies; immunity.

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 appointment to the Board.

4. A member of the Board shall not serve for more than three terms.







Page 8 of 31

5. Each member of the Board shall, within 30 days after being 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. 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.

7. 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.

8. 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 or her authority.

(Added to NRS by 1975, 1465; A 1977, 1248; 2001, 503; 2003, 1188)

NRS 623A.090 Salary of members; per diem allowance and travel expenses of members and employees.

1. Members of the Board are entitled to receive:

(a) A salary of not more than $150 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; 2007, 2940)

NRS 623A.100 Officers; appointment, salary and duties of Executive Director.

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.











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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 by the Board.

(Added to NRS by 1975, 1465; A 1995, 1049; 2001, 503)

NRS 623A.110 Meetings; quorum.

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)

NRS 623A.120 Employees: Hiring, compensation and reimbursement. 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)

NRS 623A.130 Duties. The Board shall:

1. Adopt an official seal.

2. Administer and enforce the provisions of this chapter.









Page 10 of 31

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)

NRS 623A.133 Preparation and adoption of code of conduct. 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)

NRS 623A.135 Record of certificates: Maintenance; contents; availability for inspection and sale. 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 or she resides and the number of the 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)

NRS 623A.137 Confidentiality of certain records of Board; exceptions.

1. Except as otherwise provided in this section and NRS 239.0115, 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;









Page 11 of 31

(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 and NRS 239.0115, 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; 2007, 2130)—(Substituted in revision for NRS 623A.353)

NRS 623A.140 Powers. 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)

NRS 623A.143 Authority of Board to grant or deny applications for or revoke or suspend certificates to practice as landscape architect intern, hold membership in certain organizations and administer examinations. The Board may:


http://www.leg.state.nv.us/nrs/NRS-622A.html#NRS622A


http://www.leg.state.nv.us/Statutes/73rd/Stats200508.html#Stats200508page758








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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.


NRS 623A.147 Fiscal year. The Board shall operate on the basis of a fiscal year beginning on July 1 and ending on June 30.


NRS 623A.150 Deposit and use of money collected by Board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or cost of investigation.

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





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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)

NRS 623A.160 Designation of Attorney General as legal adviser. The Attorney General is the legal adviser of the Board, but the Board may employ legal counsel.


CERTIFICATES

NRS 623A.165 Practice of landscape architecture or use of certain titles without certificate prohibited; issuance of certificate; proration of fees; contents of certificate of registration.

1. A person shall not engage in the practice of landscape architecture or use the title of “landscape architect” or “landscape architect intern” unless the person 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.


NRS 623A.170 Certificate of registration: Qualifications of applicant; application; study equivalent to work experience; standards for examinations; regulations; deadline for application.

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










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(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)

NRS 623A.180 Certificate of registration: Action of Board on application; notification of applicant.

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.







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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)

NRS 623A.182 Certificate to practice as landscape architect intern: Qualifications of applicant; application.

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)—(Substituted in revision for NRS 623A.263)

NRS 623A.184 Certificate to practice as landscape architect intern: Issuance of certificate; supervision by holder of certificate of registration; expiration; renewal.

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.182 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













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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)—(Substituted in revision for NRS 623A.267)

NRS 623A.185 Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, 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 the applicant 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 the applicant 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.




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(Added to NRS by 1997, 2110; A 2001, 506; 2005, 2702, 2807, 2810)

NRS 623A.185 Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, 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 the applicant 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 the applicant 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 42 U.S.C. § 666, 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)

NRS 623A.187 Crediting of work experience; regulations; applicant required to comply with requirements for education and experience before taking examination.













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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 the applicant 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 taking 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.


NRS 623A.190 Examination; prohibition on participation in preparing or grading examination.

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. Except as otherwise provided in NRS 622.090, 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:



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(a) Presents documentation that he or she 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, the applicant 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.

8. The member of the Board who is a representative of the general public shall not participate in preparing or grading any examination required by the Board.

(Added to NRS by 1975, 1467; A 1981, 780; 2001, 506; 2007, 2940)

NRS 623A.193 Certificate of registration: Issuance without examination. The Board may issue a certificate of registration without examination to a person who submits evidence satisfactory to the Board that he or she:

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.


NRS 623A.195 Certificate of registration: Issuance and use of seal; regulations; unlawful acts.

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 the 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 or her with a permanently legible imprint of his or her 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 the certificate of







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registration has expired or has been suspended or revoked, unless the certificate of registration has been renewed or reissued.


NRS 623A.200 Certificate of registration: Expiration, renewal or reinstatement; issuance of renewal card; record of renewal; unlawful acts.

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 the 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





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(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)

NRS 623A.210 Certificate of registration: New certificate required after failure to renew within 3 years. 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 or she:

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 or she is qualified to practice landscape architecture.

(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

NRS 623A.215 Certificate of registration: Continuing education; regulations. 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 the 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 the certificate.


NRS 623A.220 Certificate of registration: Renewal of suspended certificate; reinstatement of revoked certificate.

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.













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(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

NRS 623A.225 Issuance of temporary certificate prohibited. The Board shall not issue a temporary certificate of registration or certificate to practice as a landscape architect intern.


NRS 623A.230 Notification of Executive Director upon change of address or if certificate of registration is lost, stolen, destroyed or mutilated; duplicate certificate of registration; regulations.

1. A holder of a certificate of registration shall notify the Executive Director in writing of any change of address of his or her 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)

NRS 623A.240 Fees.

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









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2. In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental 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 or she 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 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; 2007, 2940)

NRS 623A.250 Conditions under which business organization or association may practice landscape architecture; conditions under which landscape architects may form business organizations or associations with certain other persons; business organization or association and certain owners responsible for violations.

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.

http://www.leg.state.nv.us/nrs/NRS-353C.html#NRS353CSec115






http://www.leg.state.nv.us/Statutes/20thSS/Stats2003SS2001.html#Stats2003SS2001page219

http://www.leg.state.nv.us/Statutes/20thSS/Stats2003SS2001.html#Stats2003SS2001page219



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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)

NRS 623A.260 Conditions under which business organization or association may establish and operate branch offices.

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

NRS 623A.263 Application; qualifications of applicant. [Replaced in revision by NRS 623A.182.]

NRS 623A.267 Issuance of certificate; supervision by holder of certificate of registration; expiration. [Replaced in revision by NRS 623A.184.]

DISCIPLINARY AND OTHER ACTIONS











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NRS 623A.270 Authorized actions of Board; conditions of probation; orders imposing discipline deemed public records; private reprimands prohibited; regulations.

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.


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(Added to NRS by 1975, 1469; A 1995, 1052; 2001, 510; 2003, 3421)

NRS 623A.280 Grounds.

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 her or under his or her direct supervision.

(b) A holder of a certificate of registration has permitted the use of his or her 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 or her.

(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 the 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.





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(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)

NRS 623A.285 Suspension of certificate for failure to pay support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, 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












Page 28 of 31

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)

NRS 623A.290 Complaint against holder of certificate: Contents; filing.

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)

NRS 623A.305 Consideration of complaint by President of Board; recommendation to Board; action by Board.

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 the President. If it appears to the President or the person designated by the President that further proceedings are warranted, he or she shall report the results of the investigation together with a 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 the President 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)

NRS 623A.350 Limitations on complaints.

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














Page 29 of 31

NRS 623A.351 Immunity from civil action. 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)

NRS 623A.353 Confidentiality of certain records of Board; exceptions. [Replaced in revision by NRS 623A.137.]

NRS 623A.355 Inclusion of number of certificate of registration in advertising and business cards. All advertising by or business cards of a holder of a certificate of registration must include the number of the certificate of registration.

(Added to NRS by 1995, 1048; A 2001, 513)

NRS 623A.357 Allegation and proof of certificate in action for compensation. 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.







Page 30 of 31


PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 623A.360 Prohibited acts; penalty. Any person who:

1. Violates any of the provisions of this chapter;

2. Having had his or her certificate of registration or certificate to practice as a landscape architect intern suspended or revoked, continues to solicit business or otherwise represent himself or herself 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 the person 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)

NRS 623A.365 Civil penalty.

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)

NRS 623A.370 Injunctive relief; remedies cumulative.

1. A violation of a provision of this chapter by a person:

(a) Unlawfully representing himself or herself 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 or she is a landscape architect or landscape architect intern; or

(b) Engaging in the practice of landscape architecture,








Page 31 of 31

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 or herself 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 or she 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 the respondent 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)




[Rev. 5/23/2016 8:35:54 AM--2015]

CHAPTER 622A - ADMINISTRATIVE PROCEDURE BEFORE CERTAIN REGULATORY BODIES

GENERAL PROVISIONS

NRS 622A.010 Definitions.

NRS 622A.020 “Contested case” and “case” defined.

NRS 622A.030 “Employee” defined.

NRS 622A.040 “License” defined.

NRS 622A.050 “Licensee” defined.

NRS 622A.060 “Member of a regulatory body” defined.

NRS 622A.070 “Prosecutor” defined.

NRS 622A.080 “Records” defined.

NRS 622A.090 “Regulatory body” defined.

SCOPE AND APPLICABILITY

NRS 622A.120 Exemption of certain regulatory bodies; election by regulation to follow provisions.

NRS 622A.130 Uniformity of interpretation; chapter supplements other statutory provisions; resolution of conflicts.

IMMUNITY

NRS 622A.150 Immunity from civil liability.

REGULATORY AUTHORITY

NRS 622A.170 Informal dispositions; consent and settlement agreements; designation of hearing panels.

ADJUDICATION OF CONTESTED CASES

NRS 622A.300 Initiation of prosecution; filing and service of charging document; designation of adjudicator; notice of case; findings and recommendations; consolidation of cases.

NRS 622A.310 Appearance; representation by attorney; standards of conduct; withdrawal from representation; sanctions; costs of defense.

http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-622A.html#NRS622ASec010















NRS 622A.320 Answer; amendment of charging document; continuance; inclusion of pleadings in record.

NRS 622A.330 Discovery; limitations on interrogatories and depositions.

NRS 622A.340 Limitations on communications with adjudicator.

NRS 622A.350 Effect of failure to appear.

NRS 622A.360 Motions.

NRS 622A.370 Burden and standard of proof; rules of procedure and evidence; grounds for disciplinary action; administrative penalties; transcription of hearing; costs.

NRS 622A.380 Order of hearing.

NRS 622A.390 Posthearing motions; rehearing and reconsideration; vacation and modification of final decision.

NRS 622A.400 Judicial review.

NRS 622A.410 Requirements in cases involving revocation of license; procedure for reinstatement of license.

_________

GENERAL PROVISIONS

NRS 622A.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 622A.020 to 622A.090, inclusive, have the meanings ascribed to them in those sections.


NRS 622A.020 “Contested case” and “case” defined.

1. “Contested case” and “case” have the meaning ascribed to “contested case” in NRS 233B.032.

2. A final decision of a regulatory body approving or denying an application for issuance or renewal of a license is not a contested case for the purposes of this chapter.


NRS 622A.030 “Employee” defined. “Employee” includes, without limitation, a person who has a contract to provide services as an independent contractor.














http://www.leg.state.nv.us/Division/Legal/LawLibrary/Statutes/73rd/Stats200508.html#Stats200508page743

http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-233B.html#NRS233BSec032




NRS 622A.040 “License” defined. “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.


NRS 622A.050 “Licensee” defined. “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.


NRS 622A.060 “Member of a regulatory body” defined. “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.


NRS 622A.070 “Prosecutor” defined. “Prosecutor” means any of the following:

1. The Attorney General or a deputy attorney general who prosecutes a contested case pursuant to this chapter;

2. If the Attorney General and the deputies of the Attorney General are disqualified to act in such a matter, an attorney appointed by the Attorney General to prosecute a contested case pursuant to this chapter; or

3. If the regulatory body is authorized to employ or retain attorneys other than the Attorney General and the deputies of the Attorney General, an attorney employed or retained by the regulatory body to prosecute a contested case pursuant to this chapter.


NRS 622A.080 “Records” defined. “Records” means any records, files, books, documents, papers, information or data in any form.


NRS 622A.090 “Regulatory body” defined.

1. “Regulatory body” means:

(a) Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

(b) Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

2. The term does not include any regulatory body which is exempted from the provisions of this chapter pursuant to NRS 622A.120, unless the regulatory body makes an election pursuant to that section to follow the provisions of this chapter.









SCOPE AND APPLICABILITY

NRS 622A.120 Exemption of certain regulatory bodies; election by regulation to follow provisions.

1. The following regulatory bodies are exempted from the provisions of this chapter:

(a) State Contractors’ Board.

(b) State Board of Professional Engineers and Land Surveyors.

(c) Nevada State Board of Accountancy.

(d) Board of Medical Examiners.

(e) Board of Dental Examiners of Nevada.

(f) State Board of Nursing.

(g) Chiropractic Physicians’ Board of Nevada.

(h) Nevada State Board of Optometry.

(i) State Board of Pharmacy.

(j) Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors.

(k) Real Estate Commission, Real Estate Administrator and Real Estate Division of the Department of Business and Industry.

(l) Commission of Appraisers of Real Estate.

(m) Commissioner of Mortgage Lending and Division of Mortgage Lending of the Department of Business and Industry.

(n) Commissioner of Financial Institutions and Division of Financial Institutions of the Department of Business and Industry.

(o) Private Investigator’s Licensing Board.

(p) State Board of Health and Division of Public and Behavioral Health of the Department of Health and Human Services.

2. Any regulatory body which is exempted from the provisions of this chapter pursuant to subsection 1 may elect by regulation to follow the provisions of this chapter or any portion thereof.

(Added to NRS by 2005, 743; A 2007, 3050; 2015, 3346)


http://www.leg.state.nv.us/Division/Legal/LawLibrary/Statutes/74th/Stats200725.html#Stats200725page3050

http://www.leg.state.nv.us/Division/Legal/LawLibrary/Statutes/78th2015/Stats201531.html#Stats201531page3346

NRS 622A.130 Uniformity of interpretation; chapter supplements other statutory provisions; resolution of conflicts.

1. The provisions of this chapter must be interpreted so as to effectuate their general purpose to make uniform among the regulatory bodies that are subject to the provisions of this chapter the procedures used to prosecute contested cases and take administrative action against a person who violates any law or regulation governing occupational licensing.

2. To the extent possible, the provisions of this chapter are intended to supplement other statutory provisions governing administrative procedure, occupational licensing and regulatory bodies, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of this chapter. If there is a conflict between such other provisions and the provisions of this chapter, the provisions of this chapter control.


IMMUNITY

NRS 622A.150 Immunity from civil liability.

1. A person who provides a governmental entity, officer or employee with any information relating to a contested case is immune from any civil liability for providing that information if the person acted in good faith and without malicious intent.

2. A governmental entity, officer or employee is immune from any civil liability for:

(a) Any decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter or any law or regulation governing occupational licensing; or

(b) Communicating or cooperating with or providing any documents or other information to any other governmental entity, officer or employee conducting an investigation, disciplinary proceeding or civil or criminal prosecution.


REGULATORY AUTHORITY

NRS 622A.170 Informal dispositions; consent and settlement agreements; designation of hearing panels.

1. The provisions of this chapter do not affect or limit the authority of a regulatory body, at any stage of a contested case, to make an informal disposition of the contested case pursuant to subsection 5 of NRS 233B.121 or to enter into a consent or settlement agreement approved by the regulatory body pursuant to NRS 622.330.

2. The provisions of this chapter do not affect or limit the authority of a regulatory body to designate a panel of its members to hear a contested case pursuant to this chapter.







ADJUDICATION OF CONTESTED CASES

NRS 622A.300 Initiation of prosecution; filing and service of charging document; designation of adjudicator; notice of case; findings and recommendations; consolidation of cases.

1. To initiate the prosecution of a contested case, the prosecutor shall file a charging document with the regulatory body and serve the licensee with the charging document.

2. The regulatory body shall determine whether the case will be heard by the regulatory body or a hearing panel or officer.

3. The regulatory body or hearing panel or officer shall provide the licensee with written notice of the case pursuant to NRS 233B.121 and 241.034.

4. If the case is heard by a hearing panel or officer, the hearing panel or officer shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case. The hearing panel or officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties and the regulatory body for its review.

5. The findings and recommendations of the hearing panel or officer do not become final unless they are approved by the regulatory body after review. In reviewing the findings and recommendations of the hearing panel or officer, the regulatory body may:

(a) Approve the findings and recommendations, with or without modification;

(b) Reject the findings and recommendations and remand the case to the hearing panel or officer;

(c) Reject the findings and recommendations and order a hearing de novo before the regulatory body; or

(d) Take any other action that the regulatory body deems appropriate to resolve the case.

6. If the case is heard by the regulatory body, the regulatory body shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case.

7. The regulatory body or the hearing panel or officer, with the approval of the regulatory body, may consolidate two or more cases if it appears that the cases involve common issues of law or fact and the interests of the parties will not be prejudiced by the consolidation.


NRS 622A.310 Appearance; representation by attorney; standards of conduct; withdrawal from representation; sanctions; costs of defense.




1. In any contested case against a licensee pursuant to this chapter, the licensee may appear on his or her own behalf or the licensee may be represented by:

(a) An attorney licensed to practice law in this State; or

(b) An attorney licensed to practice law in another state who is properly associated with an attorney licensed to practice law in this State and who provides a certificate of good standing from the licensing authority of the other state.

2. An attorney representing a licensee shall:

(a) Ensure that his or her conduct complies with the Nevada Rules of Professional Conduct; and

(b) Conform to all standards of ethical and courteous behavior required in the courts of this State.

3. An attorney may withdraw from representing a licensee upon notice to the licensee and the regulatory body or hearing panel or officer. The notice must include the reason for the requested withdrawal. The regulatory body or hearing panel or officer may deny the request if there may be an unreasonable delay in the case or the substantial rights of the licensee may be prejudiced.

4. If the regulatory body or hearing panel or officer finds that an attorney has violated any provision of this section, the regulatory body or hearing panel or officer may bar the attorney from participating in the case or may impose such other sanctions as the regulatory body or hearing panel or officer deems appropriate.

5. A licensee is responsible for all costs related to the presentation of his or her defense.


NRS 622A.320 Answer; amendment of charging document; continuance; inclusion of pleadings in record.

1. After being served with the charging document, the licensee may, but is not required to, file an answer to the charging document. The licensee may file such an answer not later than 20 days after the date of service of the charging document.

2. The prosecutor may amend the charging document at any time before the hearing. If the prosecutor amends the charging document before the hearing, the prosecutor shall:

(a) File the amended charging document with the regulatory body or hearing panel or officer; and

(b) Serve the licensee with the amended charging document.

3. After being served with an amended charging document, the licensee may do any or all of the following:


(a) File an answer to the amended charging document. The licensee may file such an answer not later than 20 days after the date of service of the amended charging document or not later than the date of the hearing, whichever date is sooner.

(b) Move for a continuance of the hearing. The regulatory body or hearing panel or officer shall grant the continuance if the licensee demonstrates that:

(1) The amendment materially alters the allegations in the charging document; and

(2) The licensee does not have a reasonable opportunity to prepare a defense against the amended charging document before the date of the hearing.

4. The prosecutor may amend the charging document at the time of the hearing if the amendment is not considered material and the substantial rights of the licensee would not be prejudiced by the amendment.

5. The charging document, any amended charging document and any answer filed by the licensee must be made part of the record at the hearing.


NRS 622A.330 Discovery; limitations on interrogatories and depositions.

1. At any time after being served with the charging document, the licensee may file with the regulatory body or hearing panel or officer a written discovery request for a copy of all documents and other evidence intended to be presented by the prosecutor in support of the case and a list of proposed witnesses.

2. The investigative file for the case is not discoverable unless the prosecutor intends to present materials from the investigative file as evidence in support of the case. The investigative file for the case includes all communications, records, affidavits or reports acquired or created as part of the investigation of the case, whether or not acquired through a subpoena related to the investigation of the licensee.

3. A party may not serve any interrogatories on another party or take any depositions relating to the case, unless permitted by the regulations of the regulatory body.


NRS 622A.340 Limitations on communications with adjudicator. A party shall not communicate either directly or indirectly with any member of the regulatory body, any member of the hearing panel or the hearing officer about any issue of fact or law related to the case unless the communication:

1. Is part of a pleading, motion or other document that is properly filed and served on all parties; or



2. Occurs while all parties are present or occurs during a meeting or hearing for which all parties have been given proper notice, whether or not all parties are present at that meeting or hearing.


NRS 622A.350 Effect of failure to appear.

1. If a party fails to appear at a scheduled hearing and a continuance has not been scheduled or granted, any party who is present at the hearing may make an offer of proof that the absent party was given sufficient legal notice. Upon a determination by the regulatory body or hearing panel or officer that the absent party was given sufficient legal notice, the regulatory body or hearing panel or officer may proceed to consider and dispose of the case without the participation of the absent party.

2. If the licensee fails to appear at a hearing, the regulatory body or hearing panel or officer may accept the allegations against the licensee in the charging document as true.


NRS 622A.360 Motions.

1. Except as otherwise provided in this chapter or as permitted by the regulatory body or hearing panel or officer, to request a ruling from the regulatory body or hearing panel or officer on any issue of law or procedure in a case, a party must file a written motion with the regulatory body or hearing panel or officer.

2. A party may file only the following prehearing motions:

(a) A motion requesting a continuance or an extension of time.

(b) A motion requesting, for good cause, the recusal of the hearing officer, a member of the hearing panel or a member of the regulatory body from participation in the case.

(c) A motion requesting the separation of consolidated cases.

(d) A motion requesting a more definite statement regarding the allegations in the charging document on the ground that there is not enough information in the charging document to formulate a defense.

(e) A motion requesting dismissal of the charging document for failure to state facts which, if true, would form a sufficient basis for discipline.

(f) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief before the date of the hearing.

3. A prehearing motion must be filed with the regulatory body or hearing panel or officer at least 10 days before the date of the hearing. A party who opposes the motion may file a response to the prehearing motion not later than 7 days after the date of service of the motion.



Upon a showing of good cause, the regulatory body or hearing panel or officer may allow a party to file such a motion or response within such other times as the regulatory body or hearing panel or officer deems appropriate.

4. The regulatory body or hearing panel or officer shall rule on any prehearing motion before or on the date of the hearing. The regulatory body may authorize the president or chair of the regulatory body to rule on any prehearing motion before the date of the hearing. The hearing panel may authorize the chair or presiding officer of the hearing panel to rule on any prehearing motion before the date of the hearing.

5. A party may file only the following motions after the commencement of the hearing:

(a) After the prosecutor has concluded the presentation of his or her case in chief, a motion requesting dismissal of the charging document for failure of the prosecutor to meet the burden of proof.

(b) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief during the hearing.

6. A party may file only the motions set forth in NRS 622A.390 after the close of the hearing.


NRS 622A.370 Burden and standard of proof; rules of procedure and evidence; grounds for disciplinary action; administrative penalties; transcription of hearing; costs.

1. The prosecutor has the burden of proof in any hearing pursuant to this chapter. The standard of proof in such a hearing is a preponderance of the evidence.

2. Except as otherwise provided in this chapter, the regulatory body or hearing panel or officer is not bound by strict rules of procedure or rules of evidence when conducting the hearing, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123.

3. In any hearing pursuant to this chapter, the acts which constitute grounds for initiating disciplinary action against a licensee and the administrative penalties that may be imposed against a licensee are set forth in the occupational licensing chapter governing the licensee.

4. If requested by any party, the hearing or any portion of the hearing must be transcribed. The party making the request shall pay all costs for the transcription.

5. As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

(Added to NRS by 2005, 748; A 2015, 711)

NRS 622A.380 Order of hearing.








1. Except as otherwise provided in this section, in any hearing pursuant to this chapter, the hearing must proceed as follows:

(a) The president or chair of the regulatory body, the chair or presiding officer of the hearing panel or the hearing officer shall call the hearing to order.

(b) The parties and their representatives and the members of the regulatory body, the members of the hearing panel or the hearing officer must be introduced.

(c) The regulatory body or hearing panel or officer shall consider any preliminary motions, stipulations or orders and shall address any administrative details regarding the hearing.

(d) The regulatory body or hearing panel or officer:

(1) Shall ask the parties if they want any witness excluded from the hearing;

(2) Shall instruct any witness who is excluded from the hearing not to discuss the case during the course of the hearing;

(3) Shall allow the licensee to remain in the hearing;

(4) Shall allow any person who acts as both a representative of the prosecutor and a witness in the hearing to remain in the hearing; and

(5) May, on its own motion, exclude any witness from the hearing.

(e) The prosecutor may make an opening statement. After the prosecutor has had the opportunity to make an opening statement, the licensee may make an opening statement. The regulatory body or hearing panel or officer may limit equally the time of the opening statement of each party.

(f) The prosecutor may present his or her case by presenting evidence and calling witnesses in the following manner:

(1) The witness must be sworn in.

(2) The prosecutor may directly examine the witness.

(3) The licensee may cross-examine the witness.

(4) If requested, the prosecutor may question the witness on redirect examination.

(5) If requested, the licensee may question the witness on recross-examination.

(g) After the prosecutor has had the opportunity to present his or her case, the licensee may present his or her case by presenting evidence and calling witnesses in the following manner:

(1) The witness must be sworn in.

(2) The licensee may directly examine the witness.

(3) The prosecutor may cross-examine the witness.

(4) If requested, the licensee may question the witness on redirect examination.

(5) If requested, the prosecutor may question the witness on recross-examination.

(h) A member of the regulatory body, a member of the hearing panel or the hearing officer may question a witness at any time during the hearing. If a witness is questioned by a member of the regulatory body, a member of the hearing panel or the hearing officer, the party who called the witness may request permission to ask further questions, limited to the area addressed by the member or hearing officer. When that party has asked those questions, the other party may request permission to ask further questions, limited to the area addressed by the member or hearing officer.

(i) After the prosecutor and licensee have presented their cases, the regulatory body or hearing panel or officer may allow the prosecutor and licensee to call rebuttal witnesses. If the prosecutor or licensee, or both, call one or more rebuttal witnesses, each rebuttal witness must be sworn in and questioned in the same manner as provided in paragraph (f) or (g), as appropriate.

(j) The prosecutor may make a closing argument. After the prosecutor has had the opportunity to make a closing argument, the licensee may make a closing argument. The regulatory body or hearing panel or officer may limit equally the time of the closing argument of each party. If the licensee makes a closing argument, the prosecutor may make a final closing argument. The regulatory body or hearing panel or officer may limit the time of the final closing argument.

(k) If allowed by the regulatory body or hearing panel or officer, either party may recommend specific disciplinary action to the regulatory body or hearing panel or officer at the appropriate time.

(l) After the close of the hearing, the regulatory body or hearing panel or officer shall deliberate and reach a decision. Not later than 60 days after the close of the hearing:

(1) If the hearing was conducted by the hearing panel or officer, the hearing panel or officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties and the regulatory body for its review.

(2) If the hearing was conducted by the regulatory body, the regulatory body shall prepare a final decision in the manner provided in NRS 233B.125.

2. The regulatory body or hearing panel or officer may deviate from the order of the hearing set forth in subsection 1 if the regulatory body or hearing panel or officer:

(a) Upon a showing of good cause, deems it appropriate; or


(b) Deems it necessary to expedite or ensure the fairness of the hearing.


NRS 622A.390 Posthearing motions; rehearing and reconsideration; vacation and modification of final decision.

1. After the close of the hearing, a party may file only the following motions:

(a) A motion requesting a rehearing.

(b) A motion requesting reconsideration of the findings and recommendations of the hearing panel or officer or the final decision of the regulatory body.

(c) A motion requesting that the final decision of the regulatory body be vacated or modified.

(d) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief after the close of the hearing.

2. A motion requesting a rehearing or reconsideration must be filed with:

(a) The hearing panel or officer not later than 15 days after the date of service of the findings and recommendations of the hearing panel or officer.

(b) The regulatory body not later than 15 days after the date of service of the final decision of the regulatory body.

3. A party who opposes the motion may file a response to the motion not later than 7 days after the date of service of the motion.

4. The regulatory body may authorize the president or chair of the regulatory body to rule on the motion. The hearing panel may authorize the chair or presiding officer of the hearing panel to rule on the motion.

5. A motion requesting a rehearing or reconsideration may be based only on one of the following grounds:

(a) Newly discovered or available evidence.

(b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.

(c) The need in the public interest for further consideration of the issues or evidence, or both.

6. The regulatory body or hearing panel or officer shall enter an order ruling on the motion requesting a rehearing or reconsideration not later than 25 days after the date on which the


motion is filed. A copy of the order must be served on each party. The regulatory body or hearing panel or officer may:

(a) Deny the motion;

(b) Order a rehearing or partial rehearing;

(c) Order reconsideration of the findings and recommendations or the decision; or

(d) Direct other proceedings as the regulatory body or hearing panel or officer deems appropriate.

7. If the regulatory body or hearing panel or officer orders a rehearing, the rehearing must be confined to the issues upon which the rehearing was ordered.


NRS 622A.400 Judicial review.

1. Except as otherwise provided in the Constitution of this State, a party may not seek any type of judicial intervention or review of a contested case until after the contested case results in a final decision of the regulatory body.

2. Except as otherwise provided in this section, a party may seek judicial review of a final decision of the regulatory body in accordance with the provisions of chapter 233B of NRS that apply to a contested case.

3. Notwithstanding the provisions of subsection 1 of NRS 233B.131 regarding transmittal of the record of the proceeding under judicial review:

(a) The party filing the petition for judicial review shall provide an original or certified copy of the transcript of the hearing to the reviewing court; and

(b) The regulatory body shall provide an original or certified copy of the remainder of the record of the proceeding under review to the reviewing court.


NRS 622A.410 Requirements in cases involving revocation of license; procedure for reinstatement of license.

1. If a regulatory body revokes the license of a person in a contested case pursuant to this chapter, the regulatory body shall, in the final decision of the regulatory body ordering the revocation, prescribe a period during which the person may not apply for reinstatement of the license. The period must not be less than 1 year and not more than 10 years.

2. In addition to any other requirements set forth in the applicable occupational licensing chapter, if a person applies for reinstatement of a license that has been revoked in a contested case pursuant to this chapter, the person shall:


http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-233B.html#NRS233B



(a) Submit an application on a form supplied by the regulatory body.

(b) Satisfy all the current requirements for the issuance of an initial license.

(c) Attest that, in this State or any other jurisdiction:

(1) The person has not, during the period of revocation, violated any state or federal law governing the practice of the licensed occupation or profession or any related occupation or profession, and no criminal or civil action involving such a violation is pending against the person; and

(2) No other regulatory body having jurisdiction over the practice of the licensed occupation or profession or any related occupation or profession has, during the period of revocation, taken disciplinary action against the person, and no such disciplinary action is pending against the person.

(d) Satisfy any additional requirements for reinstatement of the license prescribed by the regulatory body.

3. The regulatory body shall consider each application for reinstatement of a license submitted pursuant to this section. In determining whether to reinstate the license, the regulatory body shall consider the following criteria:

(a) The severity of the act resulting in the revocation of the license.

(b) The conduct of the person after the revocation of the license.

(c) The amount of time elapsed since the revocation of the license.

(d) The veracity of the attestations made by the person pursuant to subsection 2.

(e) The degree of compliance by the person with any additional requirements for reinstatement of the license prescribed by the regulatory body.

(f) The degree of rehabilitation demonstrated by the person.

4. If the regulatory body reinstates the license, the regulatory body may place any conditions, limitations or restrictions on the license as it deems necessary.

5. The regulatory body may deny reinstatement of the license if the person fails to comply with any provisions of this section.

6. The regulatory body’s denial of reinstatement of the license is not a contested case for the purposes of judicial review.



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[Rev. 11/22/2013 9:57:04 AM--2013]

[NAC-623A Revised Date: 11-13]

CHAPTER 623A - LANDSCAPE ARCHITECTS

GENERAL PROVISIONS

623A.010 Definitions.

623A.020 “Actively engaged” defined.

623A.025 “Advertisement” defined.

623A.030 “Board” defined.

623A.032 “Certificate holder” defined.

623A.0321 “Certificate of eligibility” defined.

623A.0323 “Complainant” defined.

623A.0325 “Complaint” defined.

623A.0327 “Council” defined.

623A.034 “Designated member of the Board” defined.

623A.035 “Group practice” defined.

623A.040 “Instruments of service” defined.

623A.045 “National examination” defined.

623A.050 “Nevada specific examination” defined.

623A.055 “Registrant” defined.

623A.057 “Respondent” defined.

623A.060 “Work experience under the direct supervision of a landscape architect” defined.

623A.070 Practice of landscape architecture: Interpretation of statutory definition.


623A.135 Duties of Executive Director.

623A.140 Official stamp or electronic official stamp of registrant: Issuance and use.

623A.145 Lost, stolen, mutilated or destroyed certificate: Notification of Board; issuance of duplicate.

https://www.leg.state.nv.us/NAC/NAC-623A.html#NAC623ASec010





















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623A.147 Granting of title as emeritus: Requirements; use; prohibitions; return to active practice.

623A.150 Filing of business address of certificate holder; change of address.

623A.155 Mailing list of certificate holders.

623A.160 Request for history of complaints and disciplinary action taken against certificate holder and status of certificate.

623A.170 Schedule of fees.

CERTIFICATION OF LANDSCAPE ARCHITECTS

623A.210 Application for certificate.

623A.220 Eligibility based on combination of education and experience.

623A.222 Eligibility based on reciprocity.

623A.226 Eligibility based on work experience.

623A.228 Nevada specific examination: Contents; preparation; additional information.

623A.240 Nevada specific examination: Administration and conduct; anonymous grading; prohibited activities.

623A.250 Nevada specific examination: Notification of results; review; appeal; reexamination.

623A.310 Issuance and scope of certificate.

623A.315 Expiration and renewal or reinstatement of certificate.

CERTIFICATE OF ELIGIBILITY TO RECEIVE PREFERENCE WHEN COMPETING FOR PUBLIC WORKS

623A.321 Definitions.

623A.323 “Affidavit for a certificate of eligibility” defined.

623A.324 “Affidavit for renewal of a certificate of eligibility” defined.

623A.326 “Statement of compliance” defined.

623A.329 Prerequisites.

623A.331 Application: Contents; form.

623A.332 Issuance or denial.






















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623A.333 Contents of certificate.

623A.334 Issuance of duplicate certificate.

623A.335 Affidavit for renewal.

623A.336 Issuance of certificate prohibited if license not active; revocation; reapplication.

623A.337 Disciplinary action.

623A.338 Written objection filed with public body.

623A.339 Notification to Board of determination by public body; revocation of certificate.

CERTIFICATION OF LANDSCAPE ARCHITECT INTERNS

623A.341 Application for certificate.

623A.351 Examination: Contents.

623A.355 Examination: Qualification for issuance of certificate.

623A.370 Examination: Use of passing scores.

623A.380 Issuance and scope of certificate.

623A.385 Expiration and renewal or reinstatement of certificate.

PRACTICE AND ENFORCEMENT

623A.410 Operation of branch office.

623A.420 Advertising.

623A.430 Group practice.

623A.440 Instruments of service; official stamp.

623A.450 Authorized use of words or letters.

623A.480 Standards for ethical conduct of registrants.

623A.490 Professional conduct and duties of certificate holders; grounds for disciplinary action.

ADMINISTRATIVE PROCEEDINGS

623A.505 Complaints against certificate holders: Action by Board.

623A.507 Complaints against certificate holders: Review by designated member of the Board to determine completeness.























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623A.509 Complaints against certificate holders: Written response by respondent; effect of failure to respond.

623A.511 Complaints against certificate holders: Review of complaint and response by designated member of the Board to determine violation has occurred; recommendation to the Board.

623A.513 Complaints against certificate holders: Public meeting of the Board; dismissal; preparation and service of formal disciplinary complaint and notice of hearing.

623A.515 Settlement of complaints: Determination of parameters; offer; proposed stipulated agreement; approval.

623A.517 Subpoenas.

623A.520 Hearings before Board or hearing panel: Notice; rights of parties; continuances; rules of evidence; final determination.

623A.600 Petition for adoption, filing, amendment or repeal of regulation; petition for declaratory order or advisory opinion.

GENERAL PROVISIONS

NAC 623A.010 Definitions. (NRS 623A.130) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 623A.020 to 623A.060, inclusive, have the meanings ascribed to them in those sections.

[Bd. of Landscape Arch., § 1.6, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006; R217-03, 12-30-2011; R142-11 & R147-11, 9-14-2012)

NAC 623A.020 “Actively engaged” defined. (NRS 623A.130) “Actively engaged” means to practice or provide the professional services of landscape architecture.

(Added to NAC by Bd. of Landscape Arch., eff. 11-1-95)

NAC 623A.025 “Advertisement” defined. (NRS 623A.130) “Advertisement” means title blocks, business cards, inside and outside signs, brochures, stationery, listings in a telephone or other directory, postings and other advertisements in a newspaper or magazine or on the television, radio or Internet or by any other electronic means or any other method of advertising.

(Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006)

NAC 623A.030 “Board” defined. (NRS 623A.130) “Board” means the State Board of Landscape Architecture.














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NAC 623A.032 “Certificate holder” defined. (NRS 623A.130) “Certificate holder” means a person who has been issued:

1. A certificate of registration; or

2. A certificate to practice as a landscape architect intern.

(Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006)

NAC 623A.0321 “Certificate of eligibility” defined. (NRS 338.173, 623A.130) “Certificate of eligibility” means a certificate of eligibility to receive a preference when competing for public works issued by the Board to a registrant pursuant to NRS 338.173.


NAC 623A.0323 “Complainant” defined. (NRS 623A.130) “Complainant” means a person filing a complaint.


NAC 623A.0325 “Complaint” defined. (NRS 623A.130) “Complaint” means a complaint filed with the Board concerning:

1. A landscape architect;

2. A landscape architect intern;

3. An applicant for a certificate of registration;

4. An applicant for a certificate to practice as a landscape architect intern; or

5. Any other person accused of violating a provision of this chapter or chapter 623A of NRS.


NAC 623A.0327 “Council” defined. (NRS 338.173) “Council” means the Council of Landscape Architectural Registration Boards or its successor organization.


NAC 623A.034 “Designated member of the Board” defined. (NRS 623A.130) “Designated member of the Board” means:

1. The President of the Board; or

2. The member of the Board designated by the President of the Board pursuant to the provisions of NRS 623A.305.


https://www.leg.state.nv.us/NRS/NRS-338.html#NRS338Sec173





https://www.leg.state.nv.us/NRS/NRS-623A.html#NRS623A




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NAC 623A.035 “Group practice” defined. (NRS 623A.130) “Group practice” means a firm, partnership, corporation or association which engages in the practice of landscape architecture.


NAC 623A.040 “Instruments of service” defined. (NRS 623A.130) “Instruments of service” means finalized working drawings and specifications which have been prepared by a registrant or under his or her immediate and responsible direction.


NAC 623A.045 “National examination” defined. (NRS 623A.130) “National examination” means the national examination for registration as a landscape architect or a certificate to practice as a landscape architect intern which is created and administered by the Council.

(Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006; R142-11, 9-14-2012)

NAC 623A.050 “Nevada specific examination” defined. (NRS 623A.130) “Nevada specific examination” means the jurisdictional examination for registration in this State as a landscape architect which is created and administered by the Board.


NAC 623A.055 “Registrant” defined. (NRS 623A.130) “Registrant” means a landscape architect who holds a certificate of registration issued by the Board.


NAC 623A.057 “Respondent” defined. (NRS 623A.130) “Respondent” means a person against whom a complaint is filed.


NAC 623A.060 “Work experience under the direct supervision of a landscape architect” defined. (NRS 623A.130) “Work experience under the direct supervision of a landscape architect” means full-time or part-time employment in the field of landscape architecture under the professional counsel, guidance and instruction of a registrant who critically examines, evaluates and monitors the applicant’s work product for quality and compliance with all applicable laws, codes, ordinances and regulations.


NAC 623A.070 Practice of landscape architecture: Interpretation of statutory definition. (NRS 623A.060, 623A.130) As used in NRS 623A.060, the Board interprets:











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1. The phrase “consideration and determination of issues of the land relating to erosion, wear and tear” to mean the design or preparation of plans and specifications to address:

(a) Control of erosion;

(b) Preservation of native vegetation;

(c) Repair of any wear and tear on the surface of the earth caused by the activities of either humans or nature;

(d) Restoration or reintroduction of vegetation into the natural environment;

(e) Using native vegetation for water quality purposes or for the creation of natural aesthetic values;

(f) Historic preservation of gardens, land forms and natural environments; or

(g) Site design and the use of environmental sciences to promote the health, safety and general welfare of the public.

2. The phrase “design of landscape irrigation” to mean the design or preparation of plans and specifications for the delivery and distribution of potable and nonpotable water to irrigate plant materials on a project site.

3. The term “grading” to mean the manipulation of the surface contours of the land to:

(a) Control and direct the flow of water.

(b) Create aesthetic values associated with topographic landforms.

(c) Establish elevations and degrees of inclination on slopes for:

(1) Setting and locating buildings, structures, facilities and other improvements; or

(2) Locating corridors for the movement of vehicles and pedestrians.

(Added to NAC by Bd. of Landscape Arch. by R216-03, eff. 6-1-2006; A by R142-11, 9-14-2012)


NAC 623A.135 Duties of Executive Director. (NRS 623A.100, 623A.130) The Executive Director shall:

1. Assist the Board in the review of an application for a certificate of registration or a certificate to practice as a landscape architect intern;

2. Investigate and make recommendations to the Board and assist the Board with the regulation of landscape architects and landscape architect interns; and



Page 8 of 34

3. Keep an accurate record of the financial transactions and proceedings of the Board.


NAC 623A.140 Official stamp or electronic official stamp of registrant: Issuance and use. (NRS 623A.130, 623A.195)

1. A registrant must have an official stamp issued by the Board.

2. An official stamp will be issued by the Board to a registrant after:

(a) A certificate of registration is issued to the registrant; and

(b) The registrant pays the fee for the official stamp as provided in NAC 623A.170.

3. In addition to an official stamp, a registrant may obtain an electronic official stamp from the Board by submitting to the Board a request for an electronic official stamp and the fee for the electronic official stamp provided pursuant to the provisions of NAC 623A.170.

4. The use of any stamp other than the official stamp or an electronic official stamp is prohibited.

5. A registrant may obtain additional official stamps or electronic official stamps from the Board at any time by submitting to the Board a request for an additional official stamp or an additional electronic official stamp and the fee for the official stamp or electronic official stamp as provided in NAC 623A.170.

6. If a registrant was issued an official stamp pursuant to the provisions of this section before June 1, 2006, the registrant may:

(a) Submit a request for an official stamp pursuant to the provisions of subsection 5; or

(b) Use the official stamp issued to the registrant before June 1, 2006, if he or she handwrites the expiration date of his or her registration immediately below the stamp impression.

[Bd. of Landscape Arch., § 1.3, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006)

NAC 623A.145 Lost, stolen, mutilated or destroyed certificate: Notification of Board; issuance of duplicate. (NRS 623A.130, 623A.230)

1. A certificate holder shall notify the Board in writing if his or her certificate of registration or certificate to practice as a landscape architect intern is lost, stolen, mutilated or destroyed.

2. The Board will issue a duplicate certificate of registration or certificate to practice as a landscape architect intern upon request of a certificate holder which is accompanied by a signed affidavit detailing the loss, theft, mutilation or destruction of the original certificate, and upon payment of the fee for the issuance of a certificate of registration as provided in NAC 623A.170.









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[Bd. of Landscape Arch., § 4.6, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006)—(Substituted in revision for NAC 623A.350)

NAC 623A.147 Granting of title as emeritus: Requirements; use; prohibitions; return to active practice. (NRS 338.173)

1. The Board may grant the title of “Landscape Architect Emeritus” to a person upon his or her written request if the person:

(a) Is a holder of a certificate of registration that has expired for failure to be renewed;

(b) Was in good standing with the Board at the time that his or her certificate of registration expired through failure to be renewed; and

(c) Actively engaged in the practice of landscape architecture for more than 25 years.

2. A person whose written request is granted pursuant to this section may use the title so granted by the Board only during such time as the person’s certificate of registration is expired and not active.

3. A person using the title granted by the Board pursuant to this section must not:

(a) Be actively engaged in the practice of landscape architecture; or

(b) Indicate that he or she is authorized to practice in this State as a landscape architect.

4. A person who has been granted the title “Landscape Architect Emeritus” by the Board may return to active practice as a landscape architect:

(a) Within 1 year after the expiration of his or her certificate of registration upon application to and with the approval of the Board and upon payment of the annual renewal fee and the delinquency fee as provided in NAC 623A.170.

(b) More than 1 year but less than 3 years after the expiration of his or her certificate of registration upon application to and with the approval of the Board and upon payment of the annual renewal fee for each year, or part thereof, for which the certificate of registration was not renewed, the delinquency fee and the reinstatement fee as provided in NAC 623A.170.

(c) More than 3 years after the expiration of his or her certificate of registration by applying for and obtaining a new certificate of registration if he or she:

(1) Is otherwise eligible;

(2) Pays all fees required by NAC 623A.170;

(3) Passes any examination required by the Board; and

(4) Establishes to the satisfaction of the Board that he or she is qualified to practice landscape architecture.





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NAC 623A.150 Filing of business address of certificate holder; change of address. (NRS 623A.130, 623A.230)

1. A certificate holder shall file his or her proper and current business address with the Board.

2. A certificate holder shall notify the Board in writing within 30 days after any change of address. The notification must include both his or her old and new address.

3. The fee for a change of address as provided in NAC 623A.170 must accompany the notification.


NAC 623A.155 Mailing list of certificate holders. (NRS 623A.130, 623A.135)

1. The Board will maintain a mailing list of the persons issued certificates of registration and certificates to practice as a landscape architect intern.

2. The mailing list will contain a record of the name, address and other personal information of each person issued a certificate of registration or a certificate to practice as a landscape architect intern.

3. A person may obtain a copy of the mailing list by submitting to the Board a request and the fee as provided in NAC 623A.170.


NAC 623A.160 Request for history of complaints and disciplinary action taken against certificate holder and status of certificate. (NRS 623A.130)

1. A person may file a written request with the Board for the history of complaints and disciplinary action taken against a certificate holder and the status of the certificate held by the certificate holder.

2. If the Board receives a request pursuant to subsection 1, the Board will provide to the person submitting the request:

(a) The number of complaints filed against the certificate holder within the past 5 years;

(b) The disposition of any complaint filed against the certificate holder within the past 5 years;

(c) The number of disciplinary actions taken against the certificate holder within the past 5 years;

(d) If a disciplinary action has been taken against a certificate holder within the past 5 years:









Page 11 of 34

(1) The date the disciplinary action was taken; and

(2) The disposition of the disciplinary action; and

(e) The status of the certificate of the certificate holder.

3. In addition to the information provided pursuant to subsection 2, the Board will provide the person submitting the request:

(a) Information to help the person understand the material provided by the Board; and

(b) A statement regarding the utility of using the history of complaints and disciplinary action against a certificate holder in selecting a certificate holder.


NAC 623A.170 Schedule of fees. (NRS 338.173, 623A.130, 623A.165, 623A.240)

1. The Board will charge and collect the following fees:

Application fee for a certificate of registration pursuant to the provisions of NAC 623A.220 or 623A.226.......................................................................

$175.00

Application fee for a certificate of registration pursuant to the provisions of NAC 623A.222............................................................................................

100.00

Application fee for a certificate to practice as a landscape architect intern...... 50.00

Examination fee for the Nevada specific examination for an applicant for a certificate of registration...............................................................................

75.00

Fee for the review of a Nevada specific examination, if requested pursuant to NAC 623A.250............................................................................................

50.00

Certificate of registration................................................................................... 25.00

Certificate of eligibility...................................................................................... 300.00

Certificate to practice as a landscape architect 25.00











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intern........................................

Annual renewal fee for a certificate of registration........................................... 200.00

Delinquency fee for a certificate of registration................................................ 50.00

Reinstatement fee for a certificate of registration............................................. 300.00

Annual renewal fee for a certificate of eligibility.............................................. 125.00

Annual renewal fee for a certificate to practice as a landscape architect intern........................................................................................................... 100.00

Delinquency fee for a certificate to practice as a landscape architect intern..... 25.00

Reinstatement fee for a certificate to practice as a landscape architect intern.. 150.00

Change of address fee....................................................................................... 10.00

Fee for a duplicate certificate of eligibility........................................................ 30.00

Fee for an official stamp.................................................................................... 25.00

Fee for an electronic official stamp................................................................... 25.00

Mailing list, all registrants.................................................................................. 10.00

Returned check.................................................................................................. 25.00

Copy of the Construction Industry Reference Manual, which is also known as the “Blue Book”........................................................................................... 5.00

Copy of a document, per page........................................................................... .25

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2. The renewal fee for a certificate of registration or a certificate to practice as a landscape architect intern will be prorated on a monthly basis for each month after July 1 that the renewal fee is submitted.

(Added to NAC by Bd. of Landscape Arch., eff. 11-1-95; A by R216-03, 6-1-2006; R142-11 & R147-11, 9-14-2012)—(Substituted in revision for NAC 623A.360)

CERTIFICATION OF LANDSCAPE ARCHITECTS

NAC 623A.210 Application for certificate. (NRS 623A.130, 623A.170)

1. Application for a certificate of registration must be made on a form prescribed by the Board.

2. An applicant for a certificate of registration must:

(a) Include with his or her application form the nonrefundable application fee; and

(b) Arrange for his or her scores on the national examination to be sent directly from the Council to the Board.

3. Except as otherwise provided in subsection 4, an applicant for a certificate of registration must provide the following information on the application form:

(a) The name, business and residence addresses, business and residence telephone numbers and, if applicable, facsimile numbers and electronic mail address of the applicant.

(b) The state of residence of the applicant.

(c) The birthplace, birth date and social security number of the applicant.

(d) Information regarding any conviction of the applicant for a felony, gross misdemeanor or misdemeanor.

(e) Evidence that the applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States.

(f) A chronological statement of the educational background of the applicant, including the names and addresses of schools attended, years of attendance, major subject and degree received, as applicable.

(g) A statement of all prior registrations of the applicant as a landscape architect, indicating each state in which registration has been granted, the date of issuance of the certificate or license and the current status of his or her registration in each state.

(h) A list of professional organizations of which the applicant is a member.



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(i) The names and addresses of two registered landscape architects and two licensed professionals from a related design profession who have direct knowledge of the professional abilities of the applicant.

(j) A complete record of the work experience of the applicant, including the beginning and ending dates of that employment, the titles of the positions held by the applicant and the duties performed by the applicant in those positions. Employment in the field of landscape architecture must be described in particularity.

(k) An affidavit signed by the applicant attesting that the information provided to the Board is truthful, complete and accurate.

(l) Any other information deemed necessary by the Board.

4. If an applicant for a certificate of registration has been certified by the Council, the applicant may submit a copy of the certification of the Council instead of the information required pursuant to the provisions of paragraphs (f) to (j), inclusive, of subsection 3 when submitting the application for a certificate of registration.

[Bd. of Landscape Arch., § 3.1, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006; R142-11, 9-14-2012)

NAC 623A.220 Eligibility based on combination of education and experience. (NRS 623A.130, 623A.140, 623A.170, 623A.190)

1. Except as otherwise provided in NAC 623A.222 and 623A.226, an applicant for a certificate of registration must:

(a) Have 6 years of education and experience in landscape architecture;

(b) Achieve a passing score on each section of the national examination; and

(c) Achieve a minimum score of 75 percent on the Nevada specific examination.

2. The Board will accept the following combinations of education and experience to fulfill the requirements contained in paragraph (a) of subsection 1:

(a) A bachelor’s or master’s degree in landscape architecture from an approved school and 2 years of postgraduate work experience under the direct supervision of a landscape architect who is registered in this State, any other state in the United States, any province of Canada or any other jurisdiction approved by the Board.

(b) An associate degree in landscape architecture, or, except as otherwise provided in paragraph (c), a bachelor’s degree in a related field, including, but not limited to, horticulture or forestry, and 4 years of postgraduate work experience under the direct supervision of a landscape architect who is registered in this State, any other state in the United States, any province of Canada or any other jurisdiction approved by the Board. A master’s degree in a related field will be deemed equivalent to 1 year of postgraduate work experience.








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(c) A bachelor’s degree in architecture or civil engineering from an institution that is accredited by an accrediting body approved by the Board and 3 years of postgraduate work experience under the direct supervision of a landscape architect who is registered in this State, any other state in the United States, any province of Canada or any other jurisdiction approved by the Board. A master’s degree in architecture or civil engineering will be deemed equivalent to 1 year of postgraduate work experience.

(d) Any other combination of education and experience which is deemed by the Board to be equivalent to the requirements set forth in paragraphs (a), (b) and (c).

3. An applicant for registration as a landscape architect pursuant to this section must be 21 years of age or older, of good moral character and a citizen of the United States or lawfully entitled to remain and work in the United States.

4. As used in this section, “approved school” means an institution which offers a program of landscape architecture accredited by the Landscape Architectural Accreditation Board of the American Society of Landscape Architects or a program deemed by the Board to be equivalent thereto.

[Bd. of Landscape Arch., §§ 3.5 & 3.6, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006)

NAC 623A.222 Eligibility based on reciprocity. (NRS 623A.130, 630A.140, 630A.170, 623A.190)

1. An applicant is eligible for a certificate of registration by reciprocity if the applicant:

(a) Holds an active certificate or license in good standing to practice landscape architecture in any other state of the United States, any province of Canada or any other jurisdiction approved by the Board;

(b) Has had no disciplinary action taken against him or her during the period in which he or she has been certified or licensed as a landscape architect;

(c) Has received a passing score on each section of the national examination;

(d) Achieves a minimum score of 75 percent on the Nevada specific examination; and

(e) Has:

(1) Been actively engaged in full-time practice as a registered landscape architect for 2 or more years; or

(2) Fulfilled the requirements for education and work experience as set forth in NAC 623A.220.

2. An applicant for a certificate of registration pursuant to this section must be 21 years of age or older, of good moral character and a citizen of the United States or lawfully entitled to remain and work in the United States.







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NAC 623A.226 Eligibility based on work experience. (NRS 623A.130, 623A.170, 623A.190)

1. An applicant for a certificate of registration who does not meet the educational qualifications set forth in paragraph (a) of subsection 1 of NAC 623A.220 may be eligible for a certificate of registration on the basis of his or her work experience in landscape architecture if the applicant:

(a) Establishes to the satisfaction of the Board that he or she has been actively engaged in the full-time professional practice of landscape architecture under the direct supervision of a registered landscape architect for at least 6 years;

(b) Achieves a passing score on each section of the national examination; and

(c) Achieves a minimum score of 75 percent on the Nevada specific examination.

2. An applicant for registration as a landscape architect in accordance with this section must be 21 years of age or older, of good moral character and a citizen of the United States or lawfully entitled to remain and work in the United States.


NAC 623A.228 Nevada specific examination: Contents; preparation; additional information. (NRS 623A.130, 623A.170, 623A.190)

1. The Board will prepare the Nevada specific examination. The Nevada specific examination will test, without limitation, the applicant’s knowledge of local environmental conditions, plants, soils, water management, and local laws and regulations relating to landscape architecture. The Board may seek the assistance of independent, qualified persons to prepare questions for the Nevada specific examination.

2. Further information regarding the Nevada specific examination may be obtained from the Board.


NAC 623A.240 Nevada specific examination: Administration and conduct; anonymous grading; prohibited activities. (NRS 623A.130, 623A.190)

1. The Nevada specific examination for a certificate of registration will be administered and conducted under the direction and control of the Board. The Board may seek the assistance of independent, qualified persons to conduct the Nevada specific examination, score the Nevada specific examination and provide verification of the scoring.

2. The Nevada specific examination for a certificate of registration will be graded anonymously. An applicant who takes the Nevada specific examination will be assigned a










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random identification number, and his or her identity will not be revealed until after the final grading on the Nevada specific examination has been completed.

3. An applicant shall not:

(a) Take notes or speak with other examinees during the Nevada specific examination; or

(b) Engage in any other activity that would result in the disclosure of the contents of the Nevada specific examination or interfere with the orderly administration of the Nevada specific examination.


NAC 623A.250 Nevada specific examination: Notification of results; review; appeal; reexamination. (NRS 623A.130, 623A.190)

1. An applicant will be notified by the Board as to his or her passage or failure of each section of the Nevada specific examination for a certificate of registration.

2. An applicant who receives a failing grade on the Nevada specific examination may submit a request to the Board to review his or her examination. After receiving a request from an applicant for a review of the Nevada specific examination, the Executive Director shall provide information to the applicant on how the applicant may pursue such a review.

3. An applicant who receives a failing grade on the Nevada specific examination may submit a written appeal to the Board. A request for a review of an examination pursuant to this subsection must be submitted in writing to the office of the Board not later than 15 calendar days after the date on which the applicant receives notification of the results on the Nevada specific examination. The Board will consider the appeal at its next regularly scheduled Board meeting, at which time it will render a decision on the matter by formal action.

4. For a period of 5 years after an applicant first sits for the Nevada specific examination, he or she may retake any section of the Nevada specific examination on which he or she failed to achieve a passing score without submitting a new application for a certificate of registration.

5. If an applicant does not achieve a passing score on the Nevada specific examination within the 5-year period pursuant to subsection 4, the applicant must submit a new application for a certificate of registration and achieve a passing score on the Nevada specific examination before he or she will be issued a certificate of registration.


NAC 623A.310 Issuance and scope of certificate. (NRS 623A.130, 623A.165) The Board will issue a certificate of registration to an applicant entitling him or her to practice landscape architecture in this State in accordance with the provisions of this chapter and chapter 623A of NRS if:






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1. The Board finds that the applicant is of good moral character;

2. The applicant satisfies the requirements for a certificate of registration provided pursuant to the provisions of NAC 623A.220, 623A.222 or 623A.226; and

3. The applicant has timely submitted all of the required fees.


NAC 623A.315 Expiration and renewal or reinstatement of certificate. (NRS 623A.130, 623A.200)

1. A certificate of registration issued by the Board expires at midnight on June 30 next following the date of issuance, unless the certificate is renewed.

2. To renew an unexpired certificate, the registrant must apply for renewal of the certificate on a form prescribed by the Board and pay the annual renewal fee on or before June 30 following the date that the certificate or renewal was issued.

3. To renew an expired certificate within 1 year after the certificate expires, the registrant must apply for renewal of the certificate on a form prescribed by the Board and include the fee for renewal and the fee for delinquent renewal of the certificate as provided in NAC 623A.170.

4. To renew an expired certificate more than 1 year after the date on which the certificate expired, the registrant must apply for renewal of the certificate on a form prescribed by the Board and include the fee for renewal, the fee for delinquent renewal and the fee for reinstatement as provided in NAC 623A.170. A certificate which is not reinstated within 3 years after the date on which the certificate expired may not be reinstated.

5. If a registrant complies with the provisions for the renewal of a certificate of registration pursuant to the provisions of subsection 2 or 3 or the reinstatement of a certificate of registration pursuant to the provisions of subsection 4, the Board will issue a renewal card to the registrant. A renewal card issued by the Board will contain:

(a) The expiration date of the renewal or reinstatement of the certificate of registration;

(b) The seal of the Board;

(c) The number of the certificate of registration to which the renewal card applies; and

(d) The signature of the Executive Director.

6. The Executive Director shall record the renewal or reinstatement of a certificate of registration.


CERTIFICATE OF ELIGIBILITY TO RECEIVE PREFERENCE WHEN COMPETING FOR PUBLIC WORKS








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NAC 623A.321 Definitions. (NRS 338.173, 623A.130) As used in NAC 623A.321 to 623A.339, inclusive, unless the context otherwise requires, the words and terms defined in NAC 623A.323, 623A.324 and 623A.326 have the meanings ascribed to them in those sections.


NAC 623A.323 “Affidavit for a certificate of eligibility” defined. (NRS 338.173, 623A.130) “Affidavit for a certificate of eligibility” means an affidavit from a certified public accountant required pursuant to subsection 2 of NRS 338.173.


NAC 623A.324 “Affidavit for renewal of a certificate of eligibility” defined. (NRS 338.173, 623A.130) “Affidavit for renewal of a certificate of eligibility” means an affidavit from a certified public accountant required pursuant to subsection 5 of NRS 338.173.


NAC 623A.326 “Statement of compliance” defined. (NRS 338.173, 623A.130) “Statement of compliance” means a statement from a registrant who applies for a certificate of eligibility which states that he or she is properly registered as a landscape architect pursuant to the provisions of chapter 623A of NRS for the certificate of eligibility for which he or she is applying.


NAC 623A.329 Prerequisites. (NRS 338.173, 623A.130)

1. A registrant who wishes to obtain a certificate of eligibility must submit to the Board:

(a) An application on a form provided by the Board;

(b) A notarized affidavit for a certificate of eligibility on a form provided by the Board;

(c) A notarized statement of compliance on a form provided by the Board;

(d) The fee set forth in NAC 623A.170; and

(e) Any other documentation required by the Board.

2. The Board will deem that a registrant who is an employee of a group practice has satisfied the requirement set forth in paragraph (a) of subsection 2 of NRS 338.173 if the affidavit for a certificate of eligibility submitted to the Board by the registrant indicates that the group practice which employs the registrant has paid directly, on its own behalf, the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for each consecutive 12-month period for 36 months immediately preceding the submission of the affidavit for a certificate of eligibility.






















https://www.leg.state.nv.us/NRS/NRS-363B.html#NRS363BSec110

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3. If two or more group practices wish to combine in any legal form for the purpose of submitting a proposal on a public work or a project for the construction, reconstruction or improvement of a highway for which the combined entity will seek a preference pursuant to NRS 338.1711 to 338.1727, inclusive, or 408.3875 to 408.3887, inclusive, the entity resulting from the combination is not eligible for the applicable preference unless each group practice entering into the combination employs a registrant who holds, or applies and qualifies for, a certificate of eligibility.


NAC 623A.331 Application: Contents; form. (NRS 338.173, 623A.130)

1. An application for a certificate of eligibility must include, without limitation:

(a) The name of the applicant;

(b) The certificate number of the applicant;

(c) The mailing address of the applicant;

(d) The telephone number of the applicant;

(e) The signature of the applicant; and

(f) Any other information that the Board may require.

2. An affidavit for a certificate of eligibility must:

(a) Be on a form provided by the Board;

(b) Be notarized; and

(c) Include a certificate by a certified public accountant that the applicant meets the requirements of NRS 338.173.


NAC 623A.332 Issuance or denial. (NRS 338.173, 623A.130) The Board or its designee will issue or deny a certificate of eligibility within a reasonable time after the date on which the Board receives the application, all required documentation that supports the application and the fee set forth in NAC 623A.170.


NAC 623A.333 Contents of certificate. (NRS 338.173, 623A.130) The certificate of eligibility must include, without limitation:

1. The date of issuance;

2. The date of expiration;














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3. The name and certificate number of the registrant to whom the certificate of eligibility is issued; and

4. Such other information as the Board deems appropriate.


NAC 623A.334 Issuance of duplicate certificate. (NRS 338.173, 623A.130) The Board will issue a duplicate certificate of eligibility to any registrant who has received a certificate of eligibility, who certifies that his or her certificate of eligibility has been lost or destroyed and who pays the fee set forth in NAC 623A.170.


NAC 623A.335 Affidavit for renewal. (NRS 338.173, 623A.130)

1. An affidavit for renewal of a certificate of eligibility must be on a form provided by the Board and must be notarized.

2. The Board will deem that a registrant who is an employee of a group practice has satisfied the requirement set forth in subsection 5 of NRS 338.173 if the affidavit for renewal of a certificate of eligibility submitted to the Board by the registrant indicates that the group practice which employs the registrant has paid directly, on its own behalf, the excise tax imposed upon an employer by NRS 363B.110 of not less than $1,500 for the 12-month period immediately preceding the submission of the affidavit for renewal of a certificate of eligibility.


NAC 623A.336 Issuance of certificate prohibited if license not active; revocation; reapplication. (NRS 338.173, 623A.130) The Board will not issue a certificate of eligibility to a registrant whose certificate of registration is expired or not on active status. If a registrant whose certificate of registration is expired or not on active status has received a certificate of eligibility, the Board will revoke the certificate of eligibility. Such a registrant must reapply for a certificate of eligibility pursuant to NRS 338.173 and NAC 623A.321 to 623A.339, inclusive.


NAC 623A.337 Disciplinary action. (NRS 338.173, 623A.130)

1. If a registrant who applies to the Board for a certificate of eligibility submits false or misleading information, submits an application which is incomplete or does not comply with the provisions of this chapter or chapter 338 of NRS, the Board may:

(a) Deny the application;

(b) If the registrant has received a certificate of eligibility, revoke the certificate of eligibility; or

(c) Take such action as the Board deems appropriate under the circumstances.







https://www.leg.state.nv.us/NRS/NRS-363B.html#NRS363BSec110








https://www.leg.state.nv.us/NRS/NRS-338.html#NRS338

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2. In carrying out the provisions of this section, the Board may rely on information contained in the records maintained by the Board and need not conduct any investigation, inquiry or hearing regarding the information contained in those records.


NAC 623A.338 Written objection filed with public body. (NRS 338.173, 623A.130) If a written objection is filed with a public body pursuant to subsection 10 of NRS 338.173, the Board or its designee will, upon request by the public body, provide to the public body a copy of the application of the registrant against whom the complaint was made and any documentation submitted with the application.


NAC 623A.339 Notification to Board of determination by public body; revocation of certificate. (NRS 338.173, 623A.130)

1. If a public body determines that a written objection is accompanied by the required proof or substantiating evidence pursuant to subsection 11 of NRS 338.173, the public body must notify the Board in writing of the determination of the public body within 30 days after the date of its determination.

2. Upon receipt of the written documentation from the public body, the Board or its designee will immediately revoke the certificate of eligibility of the registrant. No formal disciplinary hearing is required before revocation of the certificate of eligibility based upon the receipt of the documentation from the public body which received the proposal on a contract for the completion of a public work.


CERTIFICATION OF LANDSCAPE ARCHITECT INTERNS

NAC 623A.341 Application for certificate. (NRS 623A.130, 623A.263)

1. Application for a certificate to practice as a landscape architect intern must be made on a form prescribed by the Board and accompanied by the nonrefundable application fee.

2. An applicant for a certificate to practice as a landscape architect intern must:

(a) Provide the following information on an application form submitted to the Board:

(1) The name, business and residence addresses, business and residence telephone numbers and facsimile numbers, and electronic mail address of the applicant.

(2) The state of residence of the applicant.

(3) The birthplace, birth date and social security number of the applicant.









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(4) Information regarding any conviction of the applicant for a felony, gross misdemeanor or misdemeanor.

(5) Evidence that the applicant is a citizen of the United States or is lawfully entitled to remain and work in the United States.

(6) A chronological statement of the educational background of the applicant, including the names and addresses of schools attended, years of attendance, major subject and degree received, as applicable.

(7) A signed release authorizing the Board to investigate the education, experience, moral character and reputation of the applicant.

(8) The names and addresses of three personal references who have direct knowledge of the applicant.

(9) The name and address of one teacher or professor who has direct knowledge of the scholastic ability of the applicant.

(10) An affidavit signed by the applicant attesting that the information provided to the Board is truthful, complete and accurate.

(11) Any other information deemed necessary by the Board.

(b) Arrange for certified transcripts to be sent directly to the Board from each college, university or other educational institution that the applicant attended.

(c) Arrange for his or her scores on the national examination to be sent directly from the Council to the Board.


NAC 623A.351 Examination: Contents. (NRS 623A.130, 623A.170, 623A.190) The examination for a certificate to practice as a landscape architect intern consists of the following sections of the national examination:

1. Section A: Legal and Administrative Aspects of Practice; and

2. Section B: Analytical Aspects of Practice.


NAC 623A.355 Examination: Qualification for issuance of certificate. (NRS 623A.130, 623A.190) To qualify for the issuance of a certificate to practice as a landscape architect intern, an applicant must achieve a passing score on each section of the national examination that is required pursuant to NAC 623A.351.







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NAC 623A.370 Examination: Use of passing scores. (NRS 623A.130, 623A.170, 623A.190) If a person who has been issued a certificate to practice as a landscape architect intern applies for a certificate of registration, the person may use the passing scores achieved on the sections of the national examination taken as part of the examination for a certificate to practice as a landscape architect to satisfy the requirement to pass those sections for a certificate of registration.


NAC 623A.380 Issuance and scope of certificate. (NRS 623A.130, 623A.165, 623A.267) The Board will issue a certificate to practice as a landscape architect intern to an applicant entitling him or her to practice landscape architecture in this State in accordance with the provisions of this chapter and chapter 623A of NRS and under the direct supervision of a registrant if:

1. The Board finds that the applicant is of good moral character;

2. The applicant achieves passing scores on the sections of the national examination required pursuant to NAC 623A.351 for a certificate to practice as a landscape architect intern; and

3. The applicant has timely submitted all of the required fees.


NAC 623A.385 Expiration and renewal or reinstatement of certificate. (NRS 623A.130, 623A.267)

1. A certificate to practice as a landscape architect intern issued by the Board expires at midnight on June 30 next following the date of issuance, unless the certificate is renewed.

2. To renew an unexpired certificate, the holder of a certificate to practice as a landscape architect intern must apply for renewal of the certificate on a form prescribed by the Board and pay the annual renewal fee on or before June 30 following the date that the certificate or renewal was issued.

3. To renew an expired certificate to practice as a landscape architect intern within 1 year after the certificate expires, the holder of a certificate to practice as a landscape architect intern must apply for renewal of the certificate on a form prescribed by the Board and include the prorated fee for renewal and the fee for delinquent renewal of the certificate as provided in NAC 623A.170.













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4. To renew an expired certificate to practice as a landscape architect intern more than 1 year after the date on which the certificate expired, the holder of a certificate to practice as a landscape architect intern must apply for renewal of the certificate on a form prescribed by the Board and include the prorated fee for renewal, the fee for delinquent renewal and the fee for reinstatement as provided in NAC 623A.170. A certificate which is not reinstated within 3 years after the date on which the certificate expired may not be reinstated.

5. If a holder of a certificate to practice as a landscape architect intern complies with the provisions for the renewal of a certificate to practice as a landscape architect intern pursuant to the provisions of subsection 2 or 3 or the reinstatement of a certificate to practice as a landscape architect intern pursuant to the provisions of subsection 4, the Board will issue a renewal card to the registrant. A renewal card issued by the Board will contain:

(a) The expiration date of the renewal or reinstatement of the certificate to practice as a landscape architect intern;

(b) The seal of the Board;

(c) The number of the certificate to practice as a landscape architect intern to which the renewal card applies; and

(d) The signature of the Executive Director.

6. The Executive Director shall record the renewal or reinstatement of a certificate to practice as a landscape architect intern.


PRACTICE AND ENFORCEMENT

NAC 623A.410 Operation of branch office. (NRS 623A.130, 623A.260) Upon the approval of the Board, a group or individual landscape architectural practice which has its headquarters in any state of the United States, any province of Canada or any other jurisdiction approved by the Board may operate a branch office in Nevada. Each branch office must be operated by a current registrant in good standing for whom the branch office is his or her principal place of business.

[Bd. of Landscape Arch., § 5.1, eff. 9-9-76]—(NAC A 11-1-95)

NAC 623A.420 Advertising. (NRS 623A.130, 623A.355)

1. The name and certificate number of the registrant and the title “Landscape Architect” must appear in a conspicuous manner in all advertisements of the registrant.

2. An advertisement of a registrant must not be false, deceptive or misleading.






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3. If the Board has probable cause to believe that a person without a certificate of registration is advertising for the performance of the practice of landscape architecture, the Board may issue a letter to the person ordering the person:

(a) To cease and desist advertising without a certificate of registration.

(b) If the advertisement is being conducted by another person, to inform the person making the advertisement to cease and desist the advertisement.


NAC 623A.430 Group practice. (NRS 623A.130, 623A.250)

1. A landscape architectural service performed by a group practice must be performed by or under the direct supervision of a registrant who is a partner, principal, officer or employee of the group practice. All instruments of service of the group practice must be stamped and signed pursuant to the provisions of NAC 623A.440 by the registrant who provided the direct supervision for the work performed.

2. All advertisements and other similar materials used by the group practice must contain the name of the registrant and his or her certificate number.

[Bd. of Landscape Arch., §§ 7.1 through 7.3, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006; R142-11, 9-14-2012)

NAC 623A.440 Instruments of service; official stamp. (NRS 623A.130, 623A.195)

1. All submitted instruments of service, including, without limitation, landscape architectural plans, specifications, reports, papers and other professional documents relating to the practice of landscape architecture, must be stamped, signed and dated pursuant to the provisions of subsection 3 by the registrant who prepared them or provided the direct supervision under which they were prepared.

2. If a submitted instrument of service, including, without limitation, a landscape architectural plan, specification, report, paper or other professional document relating to the practice of landscape architecture, is prepared by a person other than a registrant, the submitted instrument of service must contain the name and registration number of the registrant who provided the direct supervision under which the submitted instrument of service was prepared.

3. A registrant shall use the original stamp provided by the Board pursuant to NAC 623A.140 and place his or her original signature, the date of execution and the expiration date of the registration across the stamp, on the front page of the work prepared by him or her.

4. If a professional document contains the product of more than one design professional, the registrant must stamp, sign and date the document pursuant to the provisions of subsection 3 and add a notation which clearly denotes the sheets that he or she prepared.








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5. Details, shop drawings, product descriptions and other product information prepared by a manufacturer, supplier or installer of a specific product or system may be integrated into documents prepared, stamped, signed and dated pursuant to the provisions of subsection 3 by a registrant if the details, drawings, descriptions or other information are incidental to the overall scope of the project and do not, in themselves, describe spaces, elements or systems which directly affect the public health, safety and welfare.

[Bd. of Landscape Arch., § 1.4, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006)—(Substituted in revision for NAC 623A.120)

NAC 623A.450 Authorized use of words or letters. (NRS 623A.130) A registrant may use in connection with his or her name the words or letters “Registered Landscape Architect,” “Professional Landscape Architect,” “RLA” or “PLA.”


NAC 623A.480 Standards for ethical conduct of registrants. (NRS 623A.130) A registrant shall uphold and advance the honor and dignity of the profession by maintaining a high standard of ethical conduct. In particular, the registrant:


2. Shall have a social and environmental responsibility to reconcile the public’s needs and the natural environment with minimal disruption of the natural system.


4. Shall serve his or her client or employer with integrity, understanding, knowledge and creative ability and respond morally to social, political, economic and technological influences.



NAC 623A.490 Professional conduct and duties of certificate holders; grounds for disciplinary action. (NRS 623A.130, 623A.133)

1. A certificate holder shall not perform or attempt to perform a professional service relating to landscape architecture unless he or she is qualified by education and experience to perform that service. A certificate holder may accept employment which requires practice in a related design field if he or she limits the actual practice to those areas in which he or she is qualified. The certificate holder may associate with other professional persons to the extent necessary.





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When practicing in a related design field, the certificate holder must be held to the same standards of technical knowledge and skill as apply to that profession.

2. If a certificate holder observes a situation or circumstance which, in his or her professional opinion, could result in a threat to the public health, safety and welfare, the certificate holder shall notify the responsible party, official, agency or board, as may be appropriate, of the potential threat.

3. A certificate holder shall not accept a work project or employment where his or her duty to a client or the public would conflict with his or her personal interest or the interest of another client of the certificate holder without full disclosure of all material facts of the conflict to each person who might be related to or affected by the project or employment.


5. A certificate holder shall not give, lend or promise anything of value to a public officer with the intent to influence or attempt to influence the officer’s judgment or actions.

6. A certificate holder shall not attempt to obtain, offer to undertake or accept a work project or employment for which he or she knows another legally qualified person or firm has been selected or employed until the certificate holder has evidence that the latter agreement has been terminated.


8. A certificate holder shall accurately represent his or her qualifications and the scope and nature of his or her responsibilities in connection with work for which he or she is claiming credit.



11. A certificate holder shall not engage in conduct which involves fraud or the wrongful exploitation of the rights of other persons and shall not counsel or assist a client in conduct that the certificate holder knows, or should know, involves fraud or other illegal acts.


13. A certificate holder who reasonably believes, based on substantial information, that another landscape architect or landscape architect intern has committed a violation of the provisions of this chapter or chapter 623A of NRS which raises a serious question as to the


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honesty, trustworthiness or fitness of that landscape architect or landscape architect intern shall report that information to the Board.


15. A certificate holder shall not:

(a) Fail to make timely payments for the support of one or more children pursuant to a court order; or

(b) Fail to comply with any warrant or subpoena relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of one or more children.

16. Any violation of this chapter or chapter 623A of NRS is a ground for disciplinary action.


ADMINISTRATIVE PROCEEDINGS

NAC 623A.505 Complaints against certificate holders: Action by Board. (NRS 623A.130) If a complaint is filed with the Executive Director pursuant to the provisions of NRS 623A.290, the Board:

1. If the complaint does not allege a violation of this chapter or chapter 623A of NRS, will transmit the complaint together with any evidence or information relating to the complaint to the agency, public or private, who, in the opinion of the Board, has jurisdiction over the complaint.

2. If the person filing the complaint is known, will notify the person filing the complaint of the final action taken on the complaint.

3. May meet and confer with the person filing the complaint and the person against whom the complaint is filed to facilitate a resolution of the complaint.


NAC 623A.507 Complaints against certificate holders: Review by designated member of the Board to determine completeness. (NRS 623A.130)

1. Upon the receipt of a complaint, the designated member of the Board shall review the complaint to determine if the complaint is complete by adequately setting forth:

(a) The nature of the complaint;

(b) The identity of the complainant; and

(c) The identity of the respondent.






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2. The designated member of the Board may consult with the Executive Director in conducting the review of the complaint pursuant to subsection 1.

3. If the designated member of the Board determines that the complaint does not meet the requirements of subsection 1, the designated member of the Board shall:

(a) If the complaint was not submitted on the official complaint form of the Board, provide to the person filing the complaint the official complaint form of the Board.

(b) Request that the person submitting the complaint provide the information that the designated member of the Board has determined to be missing from the complaint.


NAC 623A.509 Complaints against certificate holders: Written response by respondent; effect of failure to respond. (NRS 623A.130)

1. Once the designated member of the Board has determined pursuant to NAC 623A.507 that a complaint is complete, the designated member of the Board shall provide a copy of the complaint to the respondent.

2. Upon the receipt of a copy of a complaint that has been filed against the respondent, the respondent shall submit to the Board a written response to the complaint within 20 days.

3. If the respondent fails to respond as required pursuant to subsection 2, he or she shall be deemed to have admitted the allegations in the complaint.


NAC 623A.511 Complaints against certificate holders: Review of complaint and response by designated member of the Board to determine violation has occurred; recommendation to the Board. (NRS 623A.130)

1. Upon the receipt of the response to a complaint pursuant to NAC 623A.509, the designated member of the Board shall review the complaint and the response to determine whether a probable violation of this chapter or chapter 623A of NRS has occurred.

2. The designated member of the Board may consult with the Executive Director or the legal counsel for the Board in conducting the review of a complaint pursuant to the provisions of subsection 1.

3. After conducting a review of a complaint pursuant to the provisions of subsection 1, the designated member of the Board shall recommend to the Board that:

(a) The Board dismiss the complaint; or

(b) The Board proceed with a formal disciplinary hearing and schedule the matter for a disciplinary hearing.






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NAC 623A.513 Complaints against certificate holders: Public meeting of the Board; dismissal; preparation and service of formal disciplinary complaint and notice of hearing. (NRS 623A.130)

1. At a public meeting of the Board, the Board will review the recommendation of the designated member of the Board on a complaint provided pursuant to the provisions of NAC 623A.511 and decide whether to:

(a) Dismiss the complaint; or

(b) Proceed with a formal disciplinary hearing on the complaint and fix a date for the hearing on the matter.

2. If the Board decides pursuant to the provisions of subsection 1 to dismiss the complaint, the Board will provide a copy of its decision to the complainant and the respondent.

3. If the Board decides pursuant to the provisions of subsection 1 to proceed with a formal disciplinary hearing, the legal counsel for the Board shall prepare:

(a) A formal disciplinary complaint setting forth the specific violations of this chapter or chapter 623A of NRS that the respondent is alleged to have violated; and

(b) A notice of hearing pursuant to the provisions of NAC 623A.520.

4. The legal counsel for the Board shall serve the formal disciplinary complaint and the notice of hearing prepared pursuant to the provisions of subsection 3 upon the respondent by certified mail, return receipt requested.


NAC 623A.515 Settlement of complaints: Determination of parameters; offer; proposed stipulated agreement; approval. (NRS 623A.130)

1. After the formal disciplinary complaint and the notice of hearing have been served upon the respondent pursuant to the provisions of NAC 623A.513, the designated member of the Board, the Executive Director and the legal counsel for the Board may determine parameters within which the complaint may be settled with the respondent.

2. If, pursuant to the provisions of subsection 1, the designated member of the Board, the Executive Director and the legal counsel for the Board determine parameters within which the complaint may be settled, the legal counsel for the Board shall offer to the respondent to settle the complaint.

3. If the legal counsel for the Board and the respondent reach an agreement to settle the complaint, the legal counsel for the Board shall prepare a proposed stipulated agreement that resolves the complaint.









Page 32 of 34

4. The legal counsel for the Board shall submit the proposed stipulated agreement to the Board for the approval of the Board at the next public meeting of the Board. If the Board approves the proposed stipulated agreement, the stipulated agreement is effective and the complaint against the respondent must be dismissed.


NAC 623A.517 Subpoenas. (NRS 623A.130) Any party to a formal disciplinary complaint may request that the Board issue a subpoena pursuant to the provisions of NRS 623A.140.


NAC 623A.520 Hearings before Board or hearing panel: Notice; rights of parties; continuances; rules of evidence; final determination. (NRS 623A.130)

1. All parties to a disciplinary proceeding or other contested matter under the Nevada Administrative Procedure Act will be afforded an opportunity for a hearing before the Board or a duly appointed hearing panel after reasonable notice of at least 20 days.

2. The notice must contain:

(a) The time, place and nature of the hearing.

(b) The legal authority and jurisdiction under which the hearing will be held.

(c) A reference to the particular sections of NRS and this chapter which are involved.

(d) A clear statement of the matters asserted.

3. At the hearing, each party has the right to be represented by counsel, to respond to and introduce evidence and argument on all issues involved, and to produce witnesses and to examine and cross-examine opposing witnesses.

4. The respondent may request a continuance of a hearing. The Board will grant the first request for a continuance of a hearing requested by a respondent. The Board will grant a second or subsequent request for a continuance only upon a showing by the respondent of clear and convincing grounds for the granting of the second or subsequent request for a continuance of a hearing.

5. The President of the Board or another member of the Board appointed by the President shall chair the hearing.

6. The member of the Board chairing the hearing shall make all rulings concerning the admissibility of evidence. The formal rules of evidence do not apply.

7. A hearing will be conducted in the following order:





Page 33 of 34

(a) The legal counsel for the Board shall mark and place into evidence all exhibits that support the allegations contained in the complaint.

(b) The respondent may state his or her objections, if any, to the exhibits marked and placed into evidence by the legal counsel for the Board.

(c) The respondent shall mark and place into evidence all exhibits which support the defense of the respondent.

(d) The legal counsel for the Board may state his or her objections, if any, to the exhibits marked and placed into evidence by the respondent.

(e) The legal counsel for the Board may make an opening statement.

(f) The respondent may make an opening statement.

(g) The legal counsel for the Board shall call witnesses, if any, to testify concerning the allegations contained in the complaint.

(h) The respondent may cross-examine a witness called by the legal counsel for the Board.

(i) The respondent shall call witnesses, if any, to testify concerning the allegations contained in the complaint.

(j) The legal counsel for the Board may cross-examine a witness called by the respondent.

(k) The respondent may make a closing statement.

(l) The legal counsel for the Board may make a closing statement.

8. All allegations in a complaint must be proved by substantial evidence.

9. After the hearing has concluded, the Board will, by majority vote, make an initial determination as to the allegations contained in the complaint.

10. After the Board has made a determination as to the decision of the Board regarding the allegations contained in the complaint:

(a) The Board will orally announce the decision of the Board; and

(b) The legal counsel of the Board shall draft a written final determination of the Board.

11. The Executive Director of the Board shall submit the written final determination of the Board prepared pursuant to the provisions of subsection 10 to the Board for approval. If the Board approves of the written final determination of the Board prepared pursuant to the provisions of subsection 10, the Board will serve the written final determination on the respondent by certified mail, return receipt requested.

12. A person who is aggrieved by a final decision of the Board in a contested case is entitled to a judicial review pursuant to the Nevada Administrative Procedure Act.

Page 34 of 34

[Bd. of Landscape Arch., §§ 8.2 through 8.5, eff. 9-9-76]—(NAC A 11-1-95; R216-03, 6-1-2006; R217-03, 12-30-2011)

NAC 623A.600 Petition for adoption, filing, amendment or repeal of regulation; petition for declaratory order or advisory opinion. (NRS 623A.130)

1. Any interested person or agency may petition the Board to adopt, file, amend or repeal any regulation of the Board, by letter addressed to the Executive Director of the Board. Relevant data, views and arguments must accompany such a petition. The Board will consider a petition filed pursuant to this subsection at its next regularly scheduled Board meeting. The Board will, not later than 30 days after the meeting:

(a) Initiate the rule-making process; or

(b) Deny the petition in writing, stating its reasons for the denial.

2. Any interested person or agency may petition the Board for a declaratory order or an advisory opinion regarding the applicability of any statutory provision or regulation or decision of the Board. The Board will consider a petition for a declaratory order or an advisory opinion filed pursuant to this subsection at its next regularly scheduled Board meeting. The Board will, not later than 30 days after the date of the meeting:

(a) Issue a declaratory order or an advisory opinion; or

(b) Deny the petition for an order or opinion in writing stating the reasons therefor.



[Rev. 5/23/2016 8:35:47 AM--2015]

TITLE 54 - PROFESSIONS, OCCUPATIONS AND BUSINESSES

CHAPTER 622 - GENERAL PROVISIONS GOVERNING REGULATORY BODIES

GENERAL PROVISIONS

NRS 622.005 Definitions.

NRS 622.020 “Immediate relative” defined.

NRS 622.030 “License” defined.

NRS 622.040 “Licensee” defined.

NRS 622.050 “Member of a regulatory body” defined.

NRS 622.060 “Regulatory body” defined.

REGULATORY DUTIES

NRS 622.080 Duty to enforce provisions of title for protection and benefit of public.

NRS 622.090 Duty to apply grading methodology included in examination to determine passage of examination.

REPORTS

NRS 622.100 Quarterly reports of disciplinary actions and regulatory activities: Submission by regulatory bodies to Director of Legislative Counsel Bureau; duties of Director.

NRS 622.120 Annual report to Interagency Council on Veterans Affairs required if regulatory body collects information on veteran status from applicants for license.

ADMINISTRATION AND PERSONNEL

NRS 622.200 Provision of materials to and training of members regarding duties and responsibilities upon initial appointment; Attorney General authorized to charge for training.

NRS 622.205 Conditions and limitations regarding members who are not licensees of regulatory body.

NRS 622.210 Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body.

NRS 622.220 Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position.

NRS 622.230 Conditions and limitations regarding contracting with person to provide services as independent contractor.
















REGULATORY PROCEEDINGS; RECORDS

NRS 622.240 Application for renewal of license: Information concerning state business registration required; conditions which require denial.

NRS 622.300 Duty of licensee to disclose certain information regarding immediate relatives.

NRS 622.310 Certain medical information and records protected from disclosure.

NRS 622.315 Sharing of information relating to public health concerns; joint investigations with Division of Public and Behavioral Health of Department of Health and Human Services.

NRS 622.320 Inapplicability of certain provision of Open Meeting Law to certain investigatory proceedings; applicability of that provision to certain disciplinary proceedings.

NRS 622.330 Consent and settlement agreements: Conditions for entry; deemed public records; exceptions.

NRS 622.340 Requirements for meetings conducted by audio or video teleconference.

NRS 622.350 Certain meetings conducted outside State prohibited.

NRS 622.360 Disciplinary proceedings: Authority to require licensee to submit fingerprints; additional grounds for disciplinary action; supplemental provision.

ATTORNEY’S FEES AND COSTS

NRS 622.400 Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

NRS 622.410 Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions.

LICENSE RECIPROCITY

NRS 622.500 “Veteran” defined.

NRS 622.510 Regulatory body to develop opportunities for reciprocity for qualified active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse.

NRS 622.520 Authority of certain regulatory bodies to enter into reciprocal licensing agreements; restrictions; annual report. [Effective until the date of the repeal of 42 U.S.C. § 666, 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.]















NRS 622.520 Authority of certain regulatory bodies to enter into reciprocal licensing agreements; restrictions; annual report. [Effective on the date of the repeal of 42 U.S.C. § 666, 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.]

_________

GENERAL PROVISIONS

NRS 622.005 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 622.020 to 622.060, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 1185, 3416)

NRS 622.020 “Immediate relative” defined. “Immediate relative” means:

1. A spouse.

2. A parent, by blood, marriage or adoption.

3. A child, by blood, marriage or adoption.


NRS 622.030 “License” defined. “License” means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

(Added to NRS by 2003, 1185, 3416)

NRS 622.040 “Licensee” defined. “Licensee” means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.

(Added to NRS by 2003, 1185, 3416)

NRS 622.050 “Member of a regulatory body” defined. “Member of a regulatory body” means a person who is serving as a member or officer of a regulatory body.


NRS 622.060 “Regulatory body” defined. “Regulatory body” means:

1. Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and

2. Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.

(Added to NRS by 2003, 1185, 3416; A 2005, 752)




http://www.leg.state.nv.us/Division/Legal/LawLibrary/Statutes/72nd/Stats200309.html#Stats200309page1185











REGULATORY DUTIES

NRS 622.080 Duty to enforce provisions of title for protection and benefit of public. In regulating an occupation or profession pursuant to this title, each regulatory body shall carry out and enforce the provisions of this title for the protection and benefit of the public.

(Added to NRS by 2003, 1185, 3417)

NRS 622.090 Duty to apply grading methodology included in examination to determine passage of examination. Notwithstanding the provisions of any specific statute to the contrary, if a regulatory body, in any testing authorized or required pursuant to this title or any regulations adopted pursuant thereto, uses or accepts a national or other examination which is produced or administered by an organization other than the regulatory body and which includes a methodology for determining the level of performance that constitutes a passing grade or score on the examination, the regulatory body shall apply that methodology in determining whether a person who took the examination achieved a passing grade or score.


REPORTS

NRS 622.100 Quarterly reports of disciplinary actions and regulatory activities: Submission by regulatory bodies to Director of Legislative Counsel Bureau; duties of Director.

1. Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director:

(a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body; and

(b) A report that includes:

(1) The number of licenses issued by the regulatory body during the immediately preceding calendar quarter; and

(2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

2. The Director shall:

(a) Provide any information received pursuant to subsection 1 to a member of the public upon request;

(b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and




(c) Transmit a compilation of the information received pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

3. The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports received pursuant to paragraph (b) of subsection 1 and distribute copies of the compilation to the Senate Standing Committee on Commerce and Labor and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

(Added to NRS by 2001, 947; A 2003, 1186, 3418; 2007, 2939; 2009, 2940, 2941)

NRS 622.120 Annual report to Interagency Council on Veterans Affairs required if regulatory body collects information on veteran status from applicants for license.

1. If a regulatory body collects information regarding whether an applicant for a license is a veteran, the regulatory body shall prepare and submit to the Interagency Council on Veterans Affairs created by NRS 417.0191 an annual report which provides information on the number of veterans who have:

(a) Applied for a license from the regulatory body.

(b) Been issued a license by the regulatory body.

(c) Renewed a license with the regulatory body.

2. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.


ADMINISTRATION AND PERSONNEL

NRS 622.200 Provision of materials to and training of members regarding duties and responsibilities upon initial appointment; Attorney General authorized to charge for training.

1. As soon as practicable after a person is first appointed to serve as a member of a regulatory body, the person must be provided with:

(a) A written summary of the duties and responsibilities of a member of the regulatory body; and

(b) Training on those duties and responsibilities by the Attorney General. The training must include, without limitation, instruction related to the audit that is required by NRS 218G.400, except that a person who is a member of the Nevada State Board of Accountancy is not required to be provided with instruction related to that audit.

2. The Attorney General may, in accordance with the provisions of NRS 228.113, charge a regulatory body for all training provided pursuant to paragraph (b) of subsection 1.

http://www.leg.state.nv.us/Division/Legal/LawLibrary/Statutes/71st/Stats200107.html#Stats200107page947









http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-218G.html#NRS218GSec400


(Added to NRS by 2003, 1185; A 2011, 368)

NRS 622.205 Conditions and limitations regarding members who are not licensees of regulatory body. A member of a regulatory body who is not a licensee of the regulatory body of which he or she is a member:

1. Shall reside in this State;

2. Must be a person of recognized ability and integrity;

3. Shall not have substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

4. Shall not have an immediate relative who has substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

5. Shall not be an officer, board member or employee of a statewide or national organization established for the purpose of advocating the interests of or conducting peer review of licensees of the regulatory body on which he or she serves; and

6. Must not be a registered lobbyist representing any interest or association relating to the practice of any occupation or profession that the regulatory body has the authority to regulate.


NRS 622.210 Conditions and limitations regarding employment of person whose immediate relative is licensee of regulatory body. Except as otherwise provided in NRS 622.220, a regulatory body may not employ a person whose immediate relative is a licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is employed by the regulatory body from participating in any activities that are directly related to the licensee.


NRS 622.220 Conditions and limitations regarding employment of person as executive director or executive secretary or in similar position. If a regulatory body employs a person as an executive director or executive secretary or in a position with powers and duties similar to those of an executive director or executive secretary, the person:

1. Must possess a level of education or experience, or a combination of both, to qualify the person to perform the administrative and managerial tasks required of the position; and

2. Must not be the immediate relative of:

(a) A member or employee of the regulatory body; or

(b) A licensee of the regulatory body.








NRS 622.230 Conditions and limitations regarding contracting with person to provide services as independent contractor. A regulatory body may not contract with a person to provide services to the regulatory body as an independent contractor if the person is the immediate relative of:

1. A member or employee of the regulatory body; or

2. A licensee of the regulatory body, unless the regulatory body implements policies and procedures to prevent the person who is the independent contractor from participating in any activities that are directly related to the licensee.


REGULATORY PROCEEDINGS; RECORDS

NRS 622.240 Application for renewal of license: Information concerning state business registration required; conditions which require denial.

1. In addition to any other requirements set forth in this title, an applicant for the renewal of a license shall indicate in the application submitted to the regulatory body whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

2. A regulatory body may not renew a license if:

(a) The applicant fails to submit the information required by subsection 1; or

(b) The State Controller has informed the regulatory body pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

(1) Satisfied the debt;

(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

(3) Demonstrated that the debt is not valid.

3. As used in this section:

(a) “Agency” has the meaning ascribed to it in NRS 353C.020.

(b) “Debt” has the meaning ascribed to it in NRS 353C.040.




http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-076.html#NRS076

http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-353C.html#NRS353CSec1965






NRS 622.300 Duty of licensee to disclose certain information regarding immediate relatives. If a licensee of a regulatory body appears before the regulatory body concerning any matter that is within the jurisdiction of the regulatory body, the licensee must disclose, to the best of his or her knowledge, whether an immediate relative of the licensee:

1. Is employed by the regulatory body; or

2. Has any financial, business, professional or personal relationship with a member or employee of the regulatory body.


NRS 622.310 Certain medical information and records protected from disclosure.

1. If any provision of this title requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply:

(a) To any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

(b) To any personal identifying information of a person alleged to have been injured by any act of another person for which a license, certificate or permit is required to be issued by a licensing board. Such information must be kept confidential by the licensing board in whose possession the information is held.

2. As used in this section, “licensing board” has the meaning ascribed to it in NRS 644.449.

(Added to NRS by 2003, 3417; A 2013, 2214)

NRS 622.315 Sharing of information relating to public health concerns; joint investigations with Division of Public and Behavioral Health of Department of Health and Human Services.

1. Any regulatory body may share information in its possession relating to public health concerns with any other regulatory body and with the Division of Public and Behavioral Health of the Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.

2. Any regulatory body may conduct a joint investigation with the Division of Public and Behavioral Health if either of them so requests and the regulatory body and the Division agree that each of them will benefit from conducting a joint investigation.


NRS 622.320 Inapplicability of certain provision of Open Meeting Law to certain investigatory proceedings; applicability of that provision to certain disciplinary proceedings.







1. The provisions of NRS 241.020 do not apply to proceedings relating to an investigation conducted to determine whether to proceed with disciplinary action against a licensee, unless the licensee requests that the proceedings be conducted pursuant to those provisions.

2. If the regulatory body decides to proceed with disciplinary action against the licensee, all proceedings that are conducted after that decision and are related to that disciplinary action are subject to the provisions of NRS 241.020.


NRS 622.330 Consent and settlement agreements: Conditions for entry; deemed public records; exceptions.

1. Except as otherwise provided in this section, a regulatory body may not enter into a consent or settlement agreement with a person who has allegedly committed a violation of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body, unless the regulatory body discusses and approves the terms of the agreement in a public meeting.

2. A regulatory body that consists of one natural person may enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

(a) The regulatory body posts notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS and the notice states that:

(1) The regulatory body intends to resolve the alleged violation by entering into a consent or settlement agreement with the person who allegedly committed the violation; and

(2) For the limited time set forth in the notice, any person may request that the regulatory body conduct a public meeting to discuss the terms of the consent or settlement agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed in the notice; and

(b) At the expiration of the time prescribed in the notice, the regulatory body has not received any requests for a public meeting regarding the consent or settlement agreement.

3. If a regulatory body enters into a consent or settlement agreement that is subject to the provisions of this section, the agreement is a public record.

4. The provisions of this section do not apply to a consent or settlement agreement between a regulatory body and a licensee that provides for the licensee to enter a diversionary program for the treatment of alcohol, chemical or substance abuse or dependency.


NRS 622.340 Requirements for meetings conducted by audio or video teleconference.






1. Except as otherwise provided in NRS 622.330, notice of a meeting of a regulatory body, as required pursuant to NRS 241.020, must indicate whether the meeting will be conducted by an audio or video teleconference at one or more locations.

2. If a regulatory body conducts a meeting by an audio or video teleconference at a location specified in the notice pursuant to subsection 1, the regulatory body shall allow any person present at that location to participate in the meeting.

3. The provisions of this section do not prohibit a regulatory body from holding a closed meeting or preventing a person from participating in a meeting in accordance with chapter 241 of NRS.


NRS 622.350 Certain meetings conducted outside State prohibited.

1. A regulatory body shall not hold a meeting at a location that is outside this State if:

(a) The meeting is subject to the provisions of chapter 241 of NRS; and

(b) During the meeting or any portion of the meeting, the regulatory body conducts any business relating to this title.

2. The provisions of subsection 1 do not prohibit a member of a regulatory body from attending an educational seminar, retreat for professional development or similar activity that is conducted outside this State.


NRS 622.360 Disciplinary proceedings: Authority to require licensee to submit fingerprints; additional grounds for disciplinary action; supplemental provision.

1. If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title, the regulatory body may require the licensee to submit to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

2. The willful failure of the licensee to comply with the requirements of subsection 1 constitutes an additional ground for the regulatory body to take disciplinary action against the licensee, including, without limitation, suspending or revoking the license of the licensee.

3. A regulatory body has an additional ground for taking disciplinary action against the licensee if:

(a) The report from the Federal Bureau of Investigation indicates that the licensee has been convicted of an unlawful act that is a ground for taking disciplinary action against the licensee pursuant to this title; and







(b) The regulatory body has not taken any prior disciplinary action against the licensee based on that unlawful act.

4. To the extent possible, the provisions of this section are intended to supplement other statutory provisions governing disciplinary proceedings. If there is a conflict between such other provisions and the provisions of this section, the other provisions control to the extent that the other provisions provide more specific requirements regarding the discipline of a licensee.

(Added to NRS by 2005, 2698; A 2015, 711)

ATTORNEY’S FEES AND COSTS

NRS 622.400 Recovery of attorney’s fees and costs incurred by regulatory body in certain regulatory proceedings.

1. A regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

(a) Enters a final order in which it finds that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; or

(b) Enters into a consent or settlement agreement in which the regulatory body finds or the person admits or does not contest that the person has violated any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body.

2. As used in this section, “costs” means:

(a) Costs of an investigation.

(b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

(c) Fees for court reporters at any depositions or hearings.

(d) Fees for expert witnesses and other witnesses at any depositions or hearings.

(e) Fees for necessary interpreters at any depositions or hearings.

(f) Fees for service and delivery of process and subpoenas.

(g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.





NRS 622.410 Recovery of attorney’s fees and costs incurred by regulatory body in certain judicial actions. A court shall award to a regulatory body reasonable attorney’s fees and reasonable costs specified in NRS 18.005 that are incurred by the regulatory body to bring or defend in any action if:

1. The action relates to the imposition or recovery of an administrative or civil remedy or penalty, the enforcement of any subpoena issued by the regulatory body or the enforcement of any provision of this title which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; and

2. The court determines that the regulatory body is the prevailing party in the action.


LICENSE RECIPROCITY

NRS 622.500 “Veteran” defined. As used in this section and NRS 622.510 and 622.520, unless the context otherwise requires, “veteran” has the meaning ascribed to it in NRS 417.005.


NRS 622.510 Regulatory body to develop opportunities for reciprocity for qualified active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse. A regulatory body shall develop opportunities for reciprocity of licensure for any person who:

1. Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran; and

2. Holds a valid and unrestricted license to practice his or her profession that is not recognized by this State.


NRS 622.520 Authority of certain regulatory bodies to enter into reciprocal licensing agreements; restrictions; annual report. [Effective until the date of the repeal of 42 U.S.C. § 666, 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. A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641C, inclusive, or 644 of NRS in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:

(a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and

(b) Regulating the practice of such a person.









http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-630A.html#NRS630A


http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-641C.html#NRS641C


2. A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:

(a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and

(b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal agreement are substantially similar to the corresponding provisions of law in this State.

3. A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:

(a) Has an active license to practice his or her profession in another state or territory of the United States.

(b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.

(c) Has not had his or her license suspended or revoked in any state or territory of the United States.

(d) Has not been refused a license to practice in any state or territory of the United States for any reason.

(e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.

(g) Submits to the applicable regulatory body the statement required by NRS 425.520.

4. If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the progress of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.


NRS 622.520 Authority of certain regulatory bodies to enter into reciprocal licensing agreements; restrictions; annual report. [Effective on the date of the repeal of 42 U.S.C. § 666, 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. A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641C, inclusive, or 644 of NRS in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:

(a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or more other states or territories of the United States; and

(b) Regulating the practice of such a person.

2. A regulatory body may enter into a reciprocal agreement pursuant to subsection 1 only if the regulatory body determines that:

(a) The corresponding regulatory authority is authorized by law to enter into such an agreement with the regulatory body; and

(b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal agreement are substantially similar to the corresponding provisions of law in this State.

3. A reciprocal agreement entered into pursuant to subsection 1 must not authorize a person to practice his or her profession concurrently in this State unless the person:

(a) Has an active license to practice his or her profession in another state or territory of the United States.

(b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.

(c) Has not had his or her license suspended or revoked in any state or territory of the United States.

(d) Has not been refused a license to practice in any state or territory of the United States for any reason.

(e) Is not involved in and does not have pending any disciplinary action concerning his or her license or practice in any state or territory of the United States.

(f) Pays any applicable fees for the issuance of a license that are otherwise required for a person to obtain a license in this State.

4. If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the


http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-630A.html#NRS630A


http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-641C.html#NRS641C


progress of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.

(Added to NRS by 2015, 3865; A 2015, 3922, effective on the date of the repeal of 42 U.S.C. § 666, 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)



Code of Conduct

The Practice of Landscape Architecture (as per NRS 623A)

The 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.

It is expected that the landscape architecture will hold a high standard of integrity, dignity and professional responsibility.

Good Moral Character (as per NRS 623.065)

For the purposes of this code of conduct, a landscape architect and Landscape Architect-in-Training is expected to uphold good moral character exhibited by the following:

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;


(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;





Standards for ethical conduct of registrants (as per NAC 623A.480)

A registrant shall uphold and advance the honor and dignity of the profession by maintaining a high standard of ethical conduct. In particular, the registrant:


2. Shall have a social and environmental responsibility to merge the public’s needs and the natural environment with minimal disruption of the natural system.


4. Shall serve the person’s client or employer with integrity, understanding, knowledge and creative ability and consider social, political, economic and technological influences.


Professional conduct and duties of certificate holders and grounds for disciplinary action (NAC.623A.490)

1. A certificate holder shall not perform or attempt to perform a professional service relating to landscape architecture unless the person is qualified by education and experience to perform that service. A certificate holder may accept employment which requires practice in a related design field if he limits his actual practice to those areas in which he is qualified. The person may associate with other professional persons to the extent necessary. When practicing in a related design field, the certificate holder must be held to the same standards of technical knowledge and skill as apply to that profession.

2. If a certificate holder observes a situation or circumstance which, in the persons’ professional opinion, could result in a threat to the public health, safety and welfare, the certificate holder shall notify the responsible party, official, agency or board, as may be appropriate, of the potential threat.

3. A certificate holder shall not accept the work project or employment where the persons’ duty to a client or the public would conflict with his personal interest or the interest of another client of the certificate holder without full disclosure of all material facts of the conflict to each person who might be related to or affected by the project or employment.


5. A certificate holder shall not give, lending or promise anything of value to a public officer with the intent to influence or attempt to influence the officer’s judgment or actions.

6. A certificate holder shall not attempt to obtain, offer to undertake or accept a work project or employment for which he knows another legally qualified person or firm has been selected or employed until the person has evidence that the latter agreement has been terminated.


8. A certificate holder shall accurately represent his qualifications and the scope and nature of his responsibilities in connection with work for which he is claiming credit.



11. A certificate holder shall not engage in conduct which involves fraud or the wrongful exploitation or the rights of other persons and shall not counsel or assist a client in conduct that the certificate holder knows, or should know, involves fraud or other illegal acts.


13. A certificate holder, who reasonably believes, based on substantial information, that another landscape architect or landscape architect intern has committed a violation of this code of conduct and chapter 623A of NRS/NAC which raises a serious question as to the honesty, trustworthiness or fitness of that landscape architect or landscape architect intern shall report that information to the Board.


15. A certificate holder shall not: (reference NRS 425.520) a. Fail to make timely payments for the support of one or more children

pursuant to a court order; or b. Fail to comply with any warrant or subpoena relating to a proceeding to

determine the paternity of child or to establish or enforce an obligation for the support of one or more children.

16. Any violation of this code of “conduct” and/or Chapter 623A or NRS/NAC is a ground for disciplinary action.