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WV Code § 30-22-6 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-6. Powers and Duties of the Board

(a) The board has all the powers and duties set forth in this article, by rule, in article one of this chapter, and elsewhere in law.(b) The board's powers and duties include:(1) Holding meetings, conducting hearings and administering examinations and reexaminations;(2) Setting the requirements for a license, temporary permit and certificate of authorization;(3) Establishing procedures for submitting, approving and rejecting applications for a license, temporary permit and certificate of authorization;(4) Determining the qualifications of any applicant for a license, temporary permit and certificate of authorization;(5) Preparing, conducting, administering and grading written, oral or written and oral examinations and reexaminations for a license;(6) Contracting with third parties to prepare and/or administer the examinations and reexaminations required under the provisions of this article;(7) Determining the passing grade for the examinations;(8) Maintaining records of the examinations and reexaminations the board or a third party administers, including the number of persons taking the examination or reexamination and the pass and fail rate;(9) Maintaining an accurate registry of names and addresses of all persons and firms regulated by the board;(10) Defining, by legislative rule, the fees charged under the provisions of this article;(11) Issuing, renewing, denying, suspending, revoking or reinstating licenses, temporary permits and certificates of authorization;(12) Establishing, by legislative rule, the continuing education requirements for licensees;(13) Suing and being sued in its official name as an agency of this state;(14) Maintaining an office, and hiring, discharging, setting the job requirements and fixing the compensation of employees and investigators necessary to enforce the provisions of this article;(15) Investigating alleged violations of the provisions of this article, the rules promulgated hereunder, and orders and final decisions of the board;(16) Conducting disciplinary hearings of all persons and business entities regulated by the board;(17) Setting disciplinary action and issuing orders;(18) Instituting appropriate legal action for the enforcement of the provisions of this article;(19) Keeping accurate and complete records of its proceedings, and certifying the same as may be appropriate;(20) Proposing rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and(21) Taking all other actions necessary and proper to effectuate the purposes of this article.
WV Code § 30-22-7 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-7. Rule-Making Authority

(a) The board shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including the establishment of:(1) Standards and requirements for licensure, temporary permits and certificates of authorization;(2) Procedures for examinations and reexaminations;(3) Requirements for third parties to prepare and/or administer examinations and reexaminations;(4) Educational and experience requirements, and the passing grade on the examination for licensure;(5) Procedures for the issuance and renewal of a license, temporary permit and certificate of authorization;(6) A fee schedule: Provided, That the fee schedule in effect as of July 1, 2005, will remain in effect until amended, modified, repealed or replaced by the legislative rule promulgated pursuant to this subsection;(7) Continuing education requirements for licensees;(8) The procedures for denying, suspending, revoking, reinstating or limiting the practice of a licensee, permittee or certificate of authorization holder;(9) Requirements for inactive or revoked licenses, temporary permits or certificates of authorization; and(10) Any other rules necessary to effectuate the provisions of this article.(b) All rules in effect on the effective date of this article shall remain in effect until they are amended, modified, repealed or replaced.
WV Code § 30-22-8 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-8. Fees; Special Revenue Account; Administrative Fines

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "Board of Landscape Architects Fund," which fund is hereby continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.
WV Code § 30-22-9 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-9. Education, Experience and Examination Requirements for Licensure

(a) An applicant for licensure under this article must have completed one of the following educational and/or experience requirements:(1) Has a bachelor degree in landscape architecture from an accredited college or university and at least two years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect;(2) Has a graduate degree in landscape architecture from an accredited college or university and at least one year of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect; or(3) (A) Prior to December 31, 2006, has completed at least ten years of experience in landscape architecture, including at least six years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect; or(B) Prior to December 31, 2006, has begun the ten years of experience in landscape architecture set out in subdivision (3) (A) of this subsection, and has not completed the experience requirements prior to December 31, 2006, then the person must notify the board that he or she will be making application under this subdivision and comply with the procedures prescribed by the board; or(C) On and after January 1, 2007, has completed at least ten years of experience in landscape architecture under the supervision of a landscape architect or a person having qualifications acceptable to the board and similar to the qualifications of a landscape architect.(b) An applicant for licensure under this article must pass the examination prescribed by the board.
WV Code § 30-22-10 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-10. License Requirements

(a) The board shall issue a license to practice under the provisions of this article to an applicant who meets the following requirements:(1) Is of good moral character;(2) Is at least eighteen years of age;(3) Is a citizen of the United States or is eligible for employment in the United States;(4) Has not been convicted of a crime involving moral turpitude;(5) Has not had his or her application for a license to practice as a landscape architect refused in any state of the United States;(6) Has not had his or her license to practice landscape architecture suspended or revoked in any state of the United States; and(7) Has completed the licensure requirements set out in this article and the rules promulgated hereunder.(b) The board may issue a license to practice under the provisions of this article to an applicant who does not meet the licensure requirements set out in subdivisions (5) or (6) of subsection (a) of this section, but who does meet the licensure requirements established by rule by the board.(c) An application for a license shall be made on forms prescribed by the board.(d) An applicant shall pay all the applicable fees.(e) A license to practice landscape architecture issued by the board prior to July 1, 2006, shall for all purposes be considered a license issued under this article: Provided, That a person holding a license to practice landscape architecture issued prior to July 1, 2006, must renew the license pursuant to the provisions of this article.
WV Code § 30-22-11 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-11. License From Another Jurisdiction; License to Practice in This State

The board may issue a license to practice landscape architecture in this state, without requiring an examination, to an applicant of good moral character who holds a valid license or other authorization to practice landscape architecture from another jurisdiction, if the applicant:(1) Holds a license or other authorization to practice landscape architecture in another jurisdiction and meets requirements which are substantially equivalent to the licensure requirements set forth in this article;(2) Is not currently being investigated by a disciplinary authority of this state or another jurisdiction, does not have charges pending against his or her license or other authorization to practice landscape architecture, and has never had a license or other authorization to practice landscape architecture revoked;(3) Has not previously failed an examination for licensure in this state;(4) Has paid all the applicable fees; and(5) Has completed such other action as required by the board.
WV Code § 30-22-12 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-12. License Renewal Requirements

(a) A licensee shall, annually or biennially upon or before July 1, renew his or her license by completing a form prescribed by the board and paying a renewal fee.(b) At least thirty days prior to July 1, either annually or biennially, the secretary-treasurer of the board shall mail to every licensee a notice of renewal, an application for renewal and a statement for the renewal fee.(c) The board shall charge a fee for each renewal of a license and a late fee for any renewal not paid in a timely manner.(d) The board shall require as a condition for the renewal of a license that each licensee complete continuing education requirements.(e) The board may deny an application for renewal for any reason which would justify the denial of an original application for a license.
WV Code § 30-22-13 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-13. Inactive License Requirements

(a) A licensee who chooses not to continue in active practice and notifies the board in writing, may be granted inactive status.(b) A person granted inactive status shall pay an inactive fee, is exempt from the continuing education requirements and cannot practice in this state.(c) When an inactive licensee wants to return to active practice, he or she must complete all the continuing education requirements, pay all the applicable fees and meet all the other requirements prescribed by the board.
WV Code § 30-22-14 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-14. Retired License Requirements

(a) A licensee who chooses to retire and notifies the board in writing, may be granted retired status.(b) A person granted retired status cannot practice landscape architecture in this state.
WV Code § 30-22-15 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-15. Reinstatement

The board may reinstate a license upon a showing that the applicant is qualified to resume practice. The applicant shall pay all applicable fees and shall meet all the requirements prescribed by the board.
WV Code § 30-22-16 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-16. Temporary Permits

(a) Upon proper application and payment of the applicable fees, the board may issue a temporary permit, for a period of time not to exceed one year, to an applicant who has completed the educational and/or experience requirements set out in this article, but who has not taken the examination.(b) The temporary permit expires thirty days after the board gives written notice to the permittee of the results of the first examination held following the issuance of the temporary permit.(c) The temporary permit may not be renewed nor another temporary permit be issued to the same person.(d) The temporary permit may be revoked for any reason which would justify the suspension, revocation, limitation or denial of a license.
WV Code § 30-22-17 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-17. Display of License

(a) The board shall prescribe the form for a license and may issue a duplicate license, upon payment of a fee.(b) A licensee shall conspicuously display his or her license at his or her principal place of practice.
WV Code § 30-22-18 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-18. Seal Requirements

(a) Each licensee must have a seal, authorized by the board, which seal shall include the licensee's name and the words: "Professional Landscape Architect, State of West Virginia," and any other words or figures prescribed by the board.(b) All working drawings and specifications prepared by a licensee shall be signed and stamped with the licensee's seal: Provided, That nothing contained in this article shall be construed to permit the seal of a landscape architect to serve as a substitute for the seal of an architect, an engineer or a professional surveyor whenever the seal of such architect, engineer or professional surveyor is required by law.(c) It is unlawful for a person who is not licensed under the provisions of this article to affix a seal on a document.
WV Code § 30-22-19 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-19. Certificate of Authorization Requirements

(a) After July 1, 2006, a firm practicing landscape architecture in West Virginia shall have a certificate of authorization.(b) The board shall issue a certificate of authorization to a firm that:(1) Wants to practice landscape architecture in West Virginia;(2) Provides proof that the firm employs a West Virginia licensed landscape architect;(3) Has paid all applicable fees; and(4) Completes such other requirements as specified by the board.(c) The name of the employed licensee in direct control or having personal supervision of the practice of the firm shall appear as the landscape architect on all plans, drawings, specifications, reports or other instruments of service rendered or submitted by the firm.
WV Code § 30-22-20 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-20. Certificate of Authorization Renewal Requirements

(a) A firm wanting to continue in active practice shall, annually or biennially upon or before July 1, renew its certificate of authorization and pay a renewal fee.(b) At least thirty days prior to July 1, either annually or biennially, the secretary-treasurer of the board shall mail to every certificate of authorization holder a notice of renewal, an application for renewal and a statement for the renewal fee.(c) The board shall charge a fee for each renewal of a certificate of authorization and a late fee for any renewal not paid in a timely manner.
WV Code § 30-22-21 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-21. Display of Certificate of Authorization

(a) The board shall prescribe the form for a certificate of authorization, and may issue a duplicate certificate of authorization upon payment of a fee.(b) A firm shall conspicuously display its certificate of authorization at its principal place of practice.
WV Code § 30-22-22 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-22. Exemptions From Article

(a) Nothing in this article shall prohibit any professional engineer, professional surveyor, or forester licensed or registered under the provisions of this code from providing services for which they are licensed or registered.(b) Nothing in this article shall prohibit any architect licensed or registered under the provisions of this code from performing any of the services included within the definition of the practice of landscape architecture as set forth in subsection (m), section four of this article when incidental to the practice of architecture as defined in article twelve of this chapter.(c) Nothing in this article shall prohibit a nursery person, agriculturist, horticulturist, gardener, landscape designer, landscape contractor, grader, cultivator of land, garden or lawn caretaker from engaging in the occupation of growing or marketing nursery stock, preparing planting plans, installing plant material, providing drawings or graphic diagrams necessary for the proper layout of goods or materials, or arranging for the installation of goods or materials on private or public land.(d) Nothing in this article shall prohibit state, county, city or other municipal, urban or regional planners and designers from preparing plans or diagrams necessary to the planning, design and management of communities or regions.(e) Nothing in this article shall prohibit an individual from making landscape plans, drawings or specifications for property owned, leased or rented by the individual for his or her personal use.(f) Only licensed landscape architects shall use the title, "Landscape Architect", or other similar words or titles which implies licensure.
WV Code § 30-22-23 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-23. Refusal to Issue or Renew, Suspension or Revocation;

disciplinary action.(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any license, temporary permit, certificate of authorization or practice privilege and may take disciplinary action against a licensee, permittee or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:(1) Fraud, misrepresentation or deceit in obtaining or maintaining a license, temporary permit or certificate of authorization;(2) Failure by any licensee, permittee or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, temporary permit or certificate of authorization;(3) Dishonesty, fraud, professional negligence in the performance of landscape architectural services, or a willful departure from the accepted standards of landscape architecture and the professional conduct of landscape architects;(4) Violation of any provision of this article or any rule promulgated hereunder;(5) Violation of any professional standard or rule of professional conduct;(6) Failure to comply with the provisions of this article or any rule promulgated hereunder;(7) Failure to comply with any order or final decision of the board;(8) Failure to respond to a request or action of the board;(9) Conviction of a crime involving moral turpitude;(10) Conviction of a felony or a crime involving dishonesty or fraud or any similar crime under the laws of the United States, this state or another jurisdiction, if the underlying act or omission involved would have constituted a crime under the laws of this state;(11) Any conduct adversely affecting the licensee's, permittee's or certificate of authorization holder's fitness to perform landscape architectural services; or(12) Knowingly using any false or deceptive statements in advertising.(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, temporary permit, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, temporary permit, certificate of authorization is ordered suspended or revoked, then the licensee, permittee or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, temporary permit, certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.
WV Code § 30-22-24 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-24. Complaints; Investigations; Notice

(a) The board may, on its own motion, conduct an investigation to determine whether there are any grounds for disciplinary action against a licensee, permittee or certificate of authorization holder. The board shall, upon the verified written complaint of any person, conduct an investigation to determine whether there are any grounds for disciplinary action against a licensee, permittee or certificate of authorization holder.(b) Upon receipt of a written complaint filed against any licensee, permittee or certificate of authorization holder, the board shall provide a copy of the complaint to the licensee, permittee or certificate of authorization holder.(c) If the board finds, upon investigation, that probable cause exists that the licensee, permittee or certificate of authorization holder has violated any provision of this article or the rules promulgated hereunder, then the board shall serve the licensee, permittee or certificate of authorization holder with a written statement of charges and a notice specifying the date, time and place of the hearing. The hearing shall be held in accordance with the provisions of this article.
WV Code § 30-22-25 (2021)
2021 West Virginia Code|Chapter 30. Professions and Occupations|Article 22. Landscape Architects|§30-22-25. Hearing and Judicial Review

(a) Any person adversely affected by an order entered by the board is entitled to a hearing. A hearing on a statement of the charges shall be held in accordance with the provisions for hearings set forth in article one of this chapter and the procedures specified by the board by rule.(b) Any licensee, permittee or certificate of authorization holder, adversely affected by any decision of the board entered after a hearing, may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article five, chapter twenty-nine-a of this code.