reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 10 - Peer Review › Rule 193C-10.1 - Peer Review

Current through Register Vol. 47, No. 3, July 24, 2024
The board may appoint a peer reviewer, or multiple peer
				reviewers, for the investigation of a complaint about the acts or omissions of
				one or more licensees.
(1)
Peer
			 review.
Peer reviewers are generally licensed engineers or licensed land
			 surveyors or both, as determined by the board, who are selected for their
			 knowledge and experience in the type of engineering or land surveying involved in
			 the complaint.
An individual is ineligible as a peer reviewer in accordance with
				the standard for disqualification found at 193-subrule 7.14(1). If a peer
				reviewer is unable to serve after an investigation has begun, the peer reviewer
				will notify the board office.
(2)
Authority.
The peer
			 reviewer's investigation may include activities such as interviewing the
			 complainant, the respondent, individuals with knowledge of the alleged violation,
			 and individuals with knowledge of the respondent's practice in the community;
			 gathering documents; conducting site visits; and performing independent analyses
			 as deemed necessary. Although the board does not become involved in a complaint
			 investigation, the board may give specific instructions to the peer reviewer
			 regarding the scope of the investigation. In the course of the investigation, the
			 peer reviewer will refrain from advising the complainant or respondent on actions
			 that the board might take.
(3)
Term of service.
The peer reviewer serves at the pleasure of the
			 board. The board may dismiss any peer reviewer or add new peer reviewers at any
			 time.
(4)
Compensation.
The terms of payment as authorized by the peer
			 review agreement may vary based on the nature and complexity of each assignment.
			 The peer reviewer will be additionally entitled to reimbursement of expenses
			 directly related to the peer review process, deposition or hearing preparation,
			 or deposition or hearing testimony, such as mileage, meals, or out-of-pocket
			 charges for securing copies of documents. Expenses will be reimbursed as allowed
			 under the manuals and guidelines published by the Iowa department of
			 administrative services, state accounting enterprise. The peer reviewer cannot
			 hire legal counsel, investigators, secretarial help or any other assistance
			 without written authorization from the board.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 10 - Peer Review › Rule 193C-10.2 - Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Each peer reviewer will submit a written report to the board
				within 90 days of the peer review assignment, unless an extension is granted by
				the board.
(1)
Components of the
			 report.
The report will include:
a. A
			 statement of the charge to the peer reviewer;
b. A description of the actions taken by the
			 peer reviewer in the peer reviewer's investigation, including but not limited to
			 document review, interviews and site visits;
c. A summary of the peer reviewer's findings,
			 including:
(1) The peer reviewer's opinion as
			 to whether a violation has occurred,
(2) Citation of the Iowa Code section(s) and
			 Iowa Administrative Code rule(s) violated, and
(3) The peer reviewer's opinion of the
			 seriousness of the violation; and
d. A recommendation.
In the case of a land surveyor peer reviewer report, the report
				must be plat-specific as to the violations.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 10 - Peer Review › Rule 193C-10.3 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The peer reviewer will not discuss or reveal the peer reviewer's
				findings and conclusions with any party other than the board (through the peer
				reviewer's report to the board) or board staff.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 11 - Minimum Standards for Property Surveys › Rule 193C-11.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
Each professional land surveyor will comply with the minimum
				standards for property surveys described by statute or administrative rule. The
				minimum standards in this chapter apply to all property surveys performed in this
				state except those done for acquisition plats as described in Iowa Code chapter
				354.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 11 - Minimum Standards for Property Surveys › Rule 193C-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of these rules, the following definitions
				apply:
"Plat"
means both a plat of survey and a
				subdivision plat as those terms are defined in Iowa Code section 355.1.
"Property survey"
means any land survey
				performed for the purpose of describing, monumenting, retracing and establishing
				boundary lines, dividing, subdividing, or platting one or more parcels of
				land.
"Retrace"
means following along a previously
				established line to logical termini.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 11 - Minimum Standards for Property Surveys › Rule 193C-11.3 - Boundary Location

Current through Register Vol. 47, No. 3, July 24, 2024
Every property survey shall be made in accordance with the legal
				description (record title) boundaries as nearly as is practicable. The surveyor
				will acquire data necessary to retrace record title boundaries, centerlines, and
				other boundary line locations. The surveyor will analyze the data and determine
				the position of the boundaries of the parcel being surveyed. The surveyor will
				make a field survey, locating and connecting monuments necessary for location of
				the parcel, and coordinate the facts of such survey with the analysis. The
				surveyor will set monuments marking the corners of such parcel unless monuments
				already exist at such corners.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 11 - Minimum Standards for Property Surveys › Rule 193C-11.4 - Descriptions

Current through Register Vol. 47, No. 3, July 24, 2024
Descriptions defining land boundaries written for conveyance or
				other purposes shall be complete, providing definite and unequivocal
				identification of lines or boundaries. The description must contain dimensions
				sufficient to enable the description to be platted and retraced and describe the
				land surveyed either by government lot or by quarter-quarter section or by
				quarter section and identify the section, township, range and county; and by
				metes and bounds commencing with a corner monumented and established in the U.S.
				Public Land Survey System; or if such land is located in a recorded subdivision
				or recorded addition thereto, then by the number or other description of the lot,
				block or subdivision thereof that has been previously tied to a corner monumented
				and established by the U.S. Public Land Survey System. If the parcel is described
				by metes and bounds, it may be referenced to known lot or block corners in
				recorded subdivision or additions.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 11 - Minimum Standards for Property Surveys › Rule 193C-11.5 - Plats

Current through Register Vol. 47, No. 3, July 24, 2024
A plat shall be drawn for every property survey performed showing
				information developed by the survey and including the following elements:
(1) The plat is drawn to a convenient scale
			 that is clearly stated and graphically illustrated by a bar scale on every plat
			 sheet.
(2) The plat shows the length
			 and bearing of the boundaries of the parcels surveyed. Where the boundary lines
			 show bearing, lengths or locations that vary from those recorded in deeds,
			 abutting plats or other instruments, the following note is placed along such
			 lines: "recorded as (show recorded bearing, length or location)."
(3) The plat shows and identifies all monuments
			 necessary for the location of the parcel and indicates whether such monuments
			 were found or placed and includes an accurate description of each monument
			 consisting of size, shape, and material type, capped with license number, and
			 color as applicable.
(4) The plat is
			 captioned to identify the person for whom the survey was made and the date of the
			 survey and describes the parcel as provided in rule 193C-11.4 (542B)
			 above.
(5) The plat shows that record
			 title boundaries, centerlines, and other boundary lines were retraced to
			 monuments found or placed by the surveyor.
(6) The plat shows that the survey is tied to a
			 physically monumented land line that is identified by two U.S. Public Land Survey
			 System corners or by two physically monumented corners of a recorded subdivision.
			 The plat shows a distance relationship measured by the surveyor between the two
			 corners on the physically monumented land line. The physically monumented land
			 line shall be germane to the survey of the lot, parcel, or tract.
(7) The plat bears the signature of the
			 professional land surveyor, a statement certifying that the work was performed by
			 the surveyor or under the surveyor's direct personal supervision, the date of
			 signature, and the surveyor's Iowa license number and legible seal as provided in
			 rule 193C-6.1 (542B).
(8) The surveyor
			 shall record every plat and description, excluding subdivision plats, with the
			 county recorder no later than 30 days after signature on the plat by the
			 surveyor.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 11 - Minimum Standards for Property Surveys › Rule 193C-11.6 - Measurements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Measurements may only be made with
			 instruments and methods capable of attaining the required accuracy for the
			 particular problem involved.
(2)
			 Measurements as placed on the plat shall be in conformance with the capabilities
			 of the instruments used.
(3) The
			 unadjusted closure for all closed traverse surveys shall be not greater than 1 in
			 5,000 and, for subdivision boundaries, 1 in 10,000.
(4) In a closed traverse, the sum of the
			 measured angles shall agree with the theoretical sum by a difference not greater
			 than 30 seconds times the square root of the number of angles.
(5) The unadjusted error of field measurements
			 shall not be greater than 1 in 5,000.
(6) The relative positional tolerance at the 95
			 percent confidence level shall be as follows:
a. For subdivision boundaries: ±(0.13
			 feet + 1:10,000)
b. For all other
			 land surveying: ±(0.26 feet + 1:5,000)
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 11 - Minimum Standards for Property Surveys › Rule 193C-11.7 - Monuments

Current through Register Vol. 47, No. 3, July 24, 2024
Monuments shall adhere to Iowa Code section 355.6. More
				information can be found in rule 193C-11.3 (542B).
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 12 - Minimum Standards for U.s. Public Land Survey Corner Certificates › Rule 193C-12.1 - General Statement

Current through Register Vol. 47, No. 3, July 24, 2024
Each professional land surveyor will comply with the minimum
				standards for preparing a U.S. Public Land Survey Corner Certificate as described
				by statute or administrative rule. The minimum standards in this chapter apply to
				every corner certificate prepared in this state.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 12 - Minimum Standards for U.s. Public Land Survey Corner Certificates › Rule 193C-12.2 - U.s. Public Land Survey Corner Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A corner
			 is considered a part of the U.S. Public Land Survey System if it has the status
			 of a corner of a:
a. Quarter-quarter section or
			 larger aliquot part of a section.
b.
			 Fractional quarter-quarter section or larger fractional part of a
			 section.
c. Government
			 lot.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 13 - Civil Penalties for Unlicensed Practice › Rule 193C-13.1 - General Statement

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose civil penalties by order against a person
				who is not licensed as an engineer or land surveyor pursuant to Iowa Code chapter
				542B based on the unlawful practices specified in Iowa Code section 542B.27. In
				addition to the procedures set forth in Iowa Code section 542B.27, this rule
				shall apply.
(1) The notice of the
			 board's intent to impose a civil penalty required by Iowa Code section 542B.27 shall be served upon the nonlicensee by restricted certified mail, return receipt
			 requested, or personal service in accordance with Rule of Civil Procedure 56.1.
			 Alternatively, the nonlicensee may accept service personally or through
			 authorized counsel. The notice will include the following:
a. A statement of the legal authority and
			 jurisdiction under which the proposed civil penalty would be imposed.
b. A reference to the particular sections of
			 the statutes and rules involved.
c. A
			 short and plain statement of the alleged unlawful practice.
d. The dollar amount of the proposed civil
			 penalty.
e. Notice of the
			 nonlicensee's right to a hearing and the time frame in which a hearing must be
			 requested.
f. The address to which
			 the written request for a hearing will be made.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, the following definitions of words and
				terms shall apply:
"Board"
means the Iowa landscape architectural
				examining board.
"CLARB"
means the Council of Landscape
				Architectural Registration Boards.
"Evidence"
means any document or record of any
				kind of drawings, specifications, photographs, diplomas, licensee statements,
				published data and certified personal statements as may be required as a part
				of any action on the part of the board. Each item of evidence shall be clearly
				marked to ensure positive and certain identification. It shall be the entire
				responsibility of the applicant to satisfy the board as to the sufficiency of
				the record and the evidence.
"Inactive"
means that a landscape architect is
				not engaged in Iowa in any practice for which a certificate of licensure is
				required.
"Intern landscape architect"
means an
				individual who is not licensed and has a degree in landscape architecture and
				is employed under the direct supervision of a professional landscape architect.
				The initials "I.L.A." should not be used.
"LARE"
means the landscape architecture
				registration examination.
"P.L.A., retired"
means the same as
				"professional landscape architect, retired."
"Practice of landscape architecture"
means the
				performance of professional service or offering to render professional services
				to clients, including any one or any combination of the professional services
				defined in Iowa Code section
				544B.1(2).
"Professional landscape architect"
means a
				person who obtains a license and engages in the practice of landscape
				architecture under the authority of Iowa Code chapter 544B. For the purpose of
				these rules, a "professional landscape architect" may be referred to as a
				"landscape architect" and may use the initials "P.L.A."
"Professional landscape architect, retired"
means a person who has retired from working as a landscape architect in all
				states of licensure and who has requested "landscape architect, retired" status
				on the licensure renewal form. The retired status would become effective on the
				first scheduled licensure renewal date. For the purpose of these rules, a
				"professional landscape architect, retired" may be referred to as a "landscape
				architect, retired."
"Retired"
means that a landscape architect is
				not engaged in the practice of landscape architecture or earning monetary
				compensation by providing professional landscape architectural services in any
				licensing jurisdiction of the United States or a foreign country.
"Years of practical experience"
means, for
				each year of practical experience the applicant has worked performing landscape
				architectural services, a minimum of 2,080 hours per year.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.2 - Organization and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The board consists of five members who are licensed
				professional landscape architects and two members who are not licensed
				professional landscape architects and who represent the general public.
(1)
Qualifications of professional
			 landscape architect board members.
Four of the five professional
			 members shall be actively engaged in the practice of landscape architecture or
			 the teaching of landscape architecture in an accredited college or university,
			 and shall have been so engaged for five years preceding appointment, the last
			 two of which shall have been in Iowa. One of the five professional members
			 shall be actively engaged in the practice of landscape architecture or the
			 teaching of landscape architecture in an accredited college or university, and
			 may have been so engaged for fewer than five years preceding.
(2)
Election of chairperson and vice
			 chairperson.
The board elects annually from its members a chairperson
			 and a vice chairperson. A quorum of the board shall be four members, and all
			 final motions and actions must receive a vote by a majority of the members of
			 the board.
(3)
Duties of
			 board.
The board enforces the provisions of Iowa Code chapter 544B and
			 makes rules for the examination of applications for licensure. The board keeps
			 records of its proceedings. The board adopts an official seal which is affixed
			 to all certificates of licensure granted. The board makes other rules, not
			 inconsistent with law, as necessary for the proper performance of its duties.
			 The board maintains a roster showing the name, place of business, residence,
			 and date and number of the certificate of licensure of every professional
			 landscape architect in the state.
(4)
Duties of chairperson.
The chairperson shall, when present, preside at meetings, appoint committees,
			 and perform all duties and powers of the chairperson.
(5)
Duties of vice
			 chairperson.
The vice chairperson shall, in the absence or incapacity
			 of the chairperson, exercise the duties and powers of the
			 chairperson.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.4 - Order of Business

Current through Register Vol. 47, No. 3, July 24, 2024
The chairperson or the board administrator shall prepare an
				agenda listing all matters to be discussed at meetings. A copy of this agenda
				shall be available to each member of the board.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.5 - Public Records and Fair Information Practices

Current through Register Vol. 47, No. 3, July 24, 2024
Board rules on public records and fair information practices
				may be found in the uniform rules for the division of professional licensing
				and regulation at 193-Chapter 13.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.6 - Sales of Goods and Services

Current through Register Vol. 47, No. 3, July 24, 2024
Board rules on the sale of goods and services by board members
				may be found in the uniform rules for the division of professional licensing
				and regulation at 193-Chapter 11.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.7 - Petitions for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Persons wishing to file a petition for rule making should
				consult the uniform rules for the division of professional licensing and
				regulation at 193-Chapter 9.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.8 - Declaratory Orders

Current through Register Vol. 47, No. 3, July 24, 2024
Persons wishing to seek a declaratory order from the board
				should consult the uniform rules for the division of professional licensing and
				regulation at 193-Chapter 10.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.9 - Denial of Issuance or Renewal of License for Nonpayment of Child Support or Student Loan

Current through Register Vol. 47, No. 3, July 24, 2024
Board rules on the denial of issuance or renewal of a license
				based on nonpayment of child support or student loan obligations may be found
				in the uniform rules for the division of professional licensing and regulation
				at 193-Chapter 8.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193D-1.10 - Interim Waivers and Variances

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the provisions of 193-Chapter 5, the following
				shall apply for interim rulings:
(1)
			 The board chairperson, or vice chairperson if the chairperson is not available,
			 may rule on a petition for waiver or variance when it would not be timely to
			 wait for the next regularly scheduled board meeting for a ruling from the
			 board.
(2) The board administrator
			 shall, upon receipt of a petition that meets all applicable criteria
			 established in 193-Chapter 5, present the request to the board chairperson or
			 vice chairperson along with all pertinent information regarding established
			 precedent for granting or denying such requests.
(3) The chairperson or vice chairperson shall
			 reserve the right to hold an electronic meeting of the board when prior board
			 precedent does not clearly resolve the request, input of the board is deemed
			 required and the practical result of waiting until the next regularly scheduled
			 meeting would be a denial of the request due to timing issues.
(4) A waiver report shall be placed on the
			 agenda of the next regularly scheduled board meeting and recorded in the
			 minutes of the meeting.
(5) This
			 rule on interim rulings does not apply if the waiver or variance was filed in a
			 contested case.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 2 - Examinations and Licensing › Rule 193D-2.2 - Application for Licensure by Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Candidates
			 shall contact CLARB to start the examination licensure process by creating a
			 council record. A candidate's council record will include verified history of
			 the candidate's education, experience, examination and licensure history, and
			 professional references and is used to apply for examination, licensure and
			 certification.
(2) The candidate
			 who successfully completes the LARE may make application for certificate of
			 licensure to the board after meeting one of the requirements listed below and
			 requesting that the candidate's council record be transmitted to the board.
a. Graduation from a course in landscape
			 architecture in a school, college, or university offering an accredited minimum
			 four-year curriculum in landscape architecture, and a minimum of three years of
			 practical experience in landscape architectural work which in the opinion of
			 the board is of satisfactory character, at least one year of which must be
			 under the supervision of a professional landscape architect or a person who
			 becomes a professional landscape architect within one year after July 1,
			 2002.
b. Graduation from a
			 nonaccredited course of landscape architecture of a minimum of four years in a
			 school, college, or university and a minimum of four years of practical
			 experience in landscape architectural work which in the opinion of the board is
			 of satisfactory character, at least one year of which must be under the
			 supervision of a professional landscape architect.
c. A minimum of ten years of practical
			 experience in landscape architectural work which in the opinion of the board is
			 of satisfactory character to properly prepare the applicant for the
			 examination.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 2 - Examinations and Licensing › Rule 193D-2.3 - Procedure for Processing Applications

Current through Register Vol. 47, No. 3, July 24, 2024
The board administrator shall determine when the legal
				requirements for licensure have been satisfied with regard to issuance of
				certificates, licenses or registrations, and the board administrator shall
				submit to the board any questionable application. An applicant's personal
				appearance before the board, if required, shall be at the time and place
				designated by the board. Failure to supply additional evidence or information
				within 30 days from the date of the written request from the board, or failure
				to appear before the board when an appearance is requested, may be considered
				cause for disapproval of the application. Unless otherwise provided by law, a
				request for a rehearing before the board shall be filed with the board in
				accordance with rule 193-7.39 (543,272C). A judicial
				review can be filed in accordance with Iowa Code section
				17A.19.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 2 - Examinations and Licensing › Rule 193D-2.6 - Exemption From Written Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The board may exempt from written examination an applicant who
				meets one of the following criteria:
(1) The applicant holds a current CLARB
			 certificate;
(2) The applicant
			 holds a license to practice landscape architecture issued upon written
			 examination by another jurisdiction, and has submitted a certificate from the
			 jurisdiction of original licensure verifying that the applicant passed the
			 examination in that jurisdiction; or
(3) The applicant:
a. Holds an active license to practice
			 landscape architecture issued by another jurisdiction whose current licensure
			 requirements, including the examination requirements, are substantially
			 equivalent to or exceed those required for licensure as a landscape architect
			 in Iowa, and during the time period in which the applicant was issued an
			 initial license in the other jurisdiction, that jurisdiction did not require a
			 written examination for initial applicants, but did require board review and
			 approval of education and experience designed to demonstrate competence to
			 practice;
b. Was grandparented in
			 under the laws of the other jurisdiction, before written examinations for
			 initial licensure were mandated by the other jurisdiction; and
c. Submits a certificate from the
			 jurisdiction of original licensure verifying that the applicant was licensed
			 during the period in which there was no written examination and submits proof
			 of license in good standing.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 2 - Examinations and Licensing › Rule 193D-2.7 - Certificate of Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
When an applicant has qualified for licensure under this
				chapter and has paid the required license fee, the secretary shall enroll the
				applicant's name in the roster of professional landscape architects and issue
				to the applicant a certificate of licensure.
(1)
License number.
The
			 certificate will indicate the license number of the landscape architect which
			 must appear on the professional landscape architect's seal and on all works
			 signed by the professional landscape architect.
(2)
Certificate.
Only one
			 certificate of licensure shall be issued to a professional landscape architect.
			 The certificate shall be displayed in a conspicuous place at the place of
			 employment.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 2 - Examinations and Licensing › Rule 193D-2.10 - Responsibility for Accuracy of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
The landscape architect is responsible for verifying the
				accuracy of the information submitted on applications regardless of how the
				application is submitted or by whom it is submitted. For instance, if the
				office manager of a landscape architect's firm submits an application for
				renewal on behalf of the landscape architect and that information is incorrect,
				the landscape architect will be held responsible for the information and may be
				subject to disciplinary action.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 2 - Examinations and Licensing › Rule 193D-2.11 - Fee Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
The appropriate fee shall accompany the application.
Fees for examination subjects shall be paid directly to the
				testing service selected by CLARB.
Exemption fee
$300
(This certificate of licensure is to be effective to
						  the June 30 which is 12 months beyond the date of the application.)
at least
Wall certificate replacement fee
$25
Certificate of licensure fee (This certificate of
						  licensure is to be effective the day of board action until June 30.)
$15/month
Biennial licensure fee (active)
$350
Biennial licensure fee (inactive)
$100
Late renewal fee (for renewals submitted on or after
						  July 1 and before July 30)
$25
"Professional landscape architect, retired"
						  status
$0 (No fee)
Reinstatement of lapsed licensure to active
						  status
$100 + renewal fee
+ $25 per month or partial month of lapsed licensure;
						  not to exceed $750
Reinstatement of inactive or retired status to active
						  status
(If less than 12 months from the next biennial renewal,
						  one-half of the current active licensure fee shall be paid.)
$350
Prelicense determination fee
$25
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193D-3.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, the following definitions shall
				apply:
"Distance learning"
means any education
				process based on the geographical separation of student and instructor.
				"Distance learning" includes computer-generated programs, webinars, and
				home-study/correspondence programs.
"Health, safety, and welfare subjects"
means
				technical and professional subjects that the board deems appropriate to
				safeguard directly the public's health, safety, and welfare. Such subjects
				include design, environmental systems, site design, land use analyses,
				landscape architecture programming, grading and drainage, storm water
				management, erosion control, site and soil analyses, accessibility, building
				codes, review of state registration laws including the rules of professional
				conduct, evaluation and selection of products and materials, cost analysis,
				construction methods, contract documentation, construction contract
				administration, construction administration, construction-phase office
				procedures, project management, and the like.
"Hours of continuing education"
means a
				contact hour spent in either structured educational activities or individually
				planned activities intended to increase the professional landscape architect's
				knowledge and competence in public protection subjects and related practice
				subjects. "Contact hour" is defined as the typical 50-minute classroom
				instructional session or its equivalent.
"Structured educational activities "
means
				educational activities in which the teaching methodology consists primarily of
				systematic presentation of public protection subjects or related practice
				subjects by qualified individuals or organizations including monographs,
				courses of study taught in person or by correspondence, organized lectures,
				presentations or workshops, and other means through which identifiable
				technical and professional subjects are presented in a planned
				manner.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193D-3.3 - Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each professional landscape architect
			 shall file with the board a signed report, under penalty of perjury, on forms
			 provided by the board or by online renewal, setting forth the continuing
			 education activities in which the professional landscape architect has
			 participated. The report shall be filed with the renewal application for each
			 two-year renewal period in which the claimed hours of continuing education were
			 completed. The information in the report shall include:
a. School, firm or organization conducting
			 the course.
b. Location of the
			 course.
c. Title of the course and
			 description of the content.
d.
			 Principal instructor(s).
e. Dates
			 attended.
f. Hours
			 claimed.
g. In instances of service
			 on a professional or community board, or other undocumented hours of continuing
			 education (non-HSW documentation such as LU, PDH), the licensee shall provide a
			 narrative description of the materials the licensee reviewed, the nature of the
			 licensee's service, and a description as to how the licensee's claimed hours of
			 continuing education have contributed to the health, safety and welfare of the
			 public.
This information shall be kept by the licensee for reported
				hours of continuing education for two years.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193D-3.4 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
In the event of denial, in whole or in part, of any application
				for approval of credit for continuing education activity, the licensee shall
				have the right, within 20 days after the date of notification of the denial by
				mail, to request a hearing by the board. The hearing shall be held within 60
				days after receipt of the request for the hearing. The decision of the board
				shall be final.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193D-3.5 - Physical Disability, Illness, Hardship, or Extenuating Circumstances

Current through Register Vol. 47, No. 3, July 24, 2024
The board may, in individual cases involving physical
				disability, illness (certified by a medical doctor), hardship, or extenuating
				circumstances, grant waivers of the continuing education requirements for a
				period of time not to exceed one year. No waiver or extension of time shall be
				granted unless the licensee makes a written request to the board for such
				action.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193D-3.6 - Methods of Compliance and Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee licensed to practice as a professional landscape
				architect shall be deemed to have complied with the continuing education
				requirements during the continuing education compliance period that the
				licensee:
1. Serves honorably on
			 active duty in the military service; or
2. Resides in another state or district
			 having a continuing education requirement for the occupation or profession and
			 meets all the requirements of that state or district for practice therein;
			 or
3. Is a government employee
			 working as a professional landscape architect and assigned to duty outside the
			 United States; or
4. Is approved by
			 the board for periods of active practice and absence from the state.
If the licensee was not engaged in active practice as a
				professional landscape architect and will maintain inactive status during the
				period for which renewal is requested, the board may exempt the licensee from
				continuing education. No exemption shall be granted without a written request
				from the licensee.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193D-3.7 - Grounds for Denial of License Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
Failure of a licensee to complete the continuing education
				requirements as set forth in this chapter, or failure to file a report of
				completed continuing education, or failure to submit a written request for
				waiver or exemption shall be grounds for the board to deny renewal of the
				license.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 4 - Rules of Professional Conduct and Discipline Procedures › Rule 193D-4.1 - Rules of Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
Failure by a licensee to adhere to the provisions of Iowa Code
				chapters 272C and 544B and rules implementing either chapter shall be grounds
				for disciplinary action.
(1)
Definitions.
The following definition applies as used in Iowa
			 Code chapter 544B and this chapter, unless the context otherwise requires.
"Official copy"
means technical submission for
				purposes of required approval.
(2)
Competence.
a. When practicing landscape architecture, a
			 professional landscape architect shall act with reasonable care and competence,
			 and shall apply the technical knowledge and skill which is ordinarily applied
			 by a landscape architect of good standing practicing in the same
			 locality.
b. When designing a
			 project, a professional landscape architect shall take into account all
			 applicable state and municipal building laws and regulations. While
			 professional landscape architects may rely on the advice of other professionals
			 (e.g., attorneys, architects, engineers and other qualified persons) as to the
			 intent and meaning of the regulations, once such advice is obtained, a
			 landscape architect shall not knowingly design a project in violation of these
			 laws and regulations.
c. A
			 professional landscape architect shall undertake to perform professional
			 services only when the professional landscape architect together with those
			 whom the professional landscape architect may engage as consultants are
			 qualified by education, training and experience in the specific technical areas
			 involved.
d. No person shall be
			 permitted to practice landscape architecture if, in the board's judgment upon
			 receipt of medical testimony or evidence, the person's professional competence
			 is substantially impaired by physical or mental disabilities or substance
			 abuse.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 4 - Rules of Professional Conduct and Discipline Procedures › Rule 193D-4.2 - Receipt of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall receive and review all complaints which the
				board reasonably believes indicate that a licensee may have committed an act
				that is cause for disciplinary action.
(1)
Complaints.
Any person
			 may file a complaint with the board charging that a licensee may have committed
			 an act that is in violation of applicable law or rules. The complaint shall be
			 written and signed by the complainant and accompanied with substantial evidence
			 indicating when, where, and how the licensee committed the violation. All
			 complaints filed with the board shall be privileged and held confidential
			 pursuant to Iowa Code section
			 272C.6(4)
			  by all board members, peer review committee
			 members and staff. A person filing a complaint shall receive immunities in
			 accordance with Iowa Code section
			 272C.8.
(2)
Board-instigated
			 complaints.
Upon presentation of evidence by a board member, the
			 board's staff, or other state agency, the board may determine that a complaint
			 should be opened and an investigation begun to determine if a licensee may have
			 committed an act that is in violation of applicable law or rules.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 4 - Rules of Professional Conduct and Discipline Procedures › Rule 193D-4.3 - Peer Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
At any point during the complaint procedure or the
				investigatory procedure and prior to determining whether probable cause exists
				that a violation has occurred, the board may appoint a peer review committee to
				assist the board in reaching its decision by conducting an investigation(s) of
				the complaint.
(1)
Makeup of
			 the peer review committee.
The committee shall consist of one or more
			 professional landscape architects who are selected for their knowledge and
			 experience in the particular aspect of landscape architecture involved in the
			 complaint. The following are ineligible for membership:
a. Members of the board.
b. Close relatives of the alleged violator(s)
			 or complainant.
c. Individuals
			 employed by the same firm or governmental unit as the alleged violator or
			 complainant.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 4 - Rules of Professional Conduct and Discipline Procedures › Rule 193D-4.4 - Investigation Report of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Board consideration of report to
			 determine further action.
Upon completion of the investigation, the
			 investigator(s) shall prepare for the board's consideration a report containing
			 the position or defense of the licensee so the board may determine what further
			 action is necessary. The board may:
a. Order
			 the matter be further investigated.
b. Allow the licensee who is the subject of
			 the complaint an opportunity to appear before the designated discipline
			 committee for an informal discussion regarding the circumstances of the alleged
			 violation.
c. Determine there is no
			 probable cause to believe that a violation has occurred and close the
			 case.
d. Determine there is
			 probable cause to believe that a violation has occurred.
Iowa Administrative Code › Agency 193D - Landscape Architectural Examining Board › Chapter 4 - Rules of Professional Conduct and Discipline Procedures › Rule 193D-4.5 - Dispensation

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall make findings of fact and conclusions of law
				and may take one or more of the following actions:
1. Dismiss the charges.
2. Revoke the professional landscape
			 architect's license.
3. Suspend the
			 professional landscape architect's license as authorized by law.
4. Impose civil penalties, the amount of
			 which shall be set at the discretion of the board but shall not exceed $1000.
			 Civil penalties may be imposed for any of the disciplinary violations of Iowa
			 Code section
			 544B.15
			 and Iowa Code sections
			 272C.9(2),
			 272C.9(3),
			 and
			 272C.10,
			 and these rules or for repeated offenses.
5. Impose a period of probation, either with
			 or without conditions.
6. Require
			 reexamination, using one or more parts of the examination given to professional
			 landscape architectural licensee candidates.
7. Require additional professional education,
			 reeducation, or continuing education.
8. Issue a citation or warning.
9. Issue a consent order.
10. Accept voluntary surrender of license.
			 Voluntary surrender of a license is considered a disciplinary action.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 1 - Administration › Rule 193E-1.1 - Mission of the Commission

Current through Register Vol. 47, No. 3, July 24, 2024
The mission of the Iowa real estate commission is to protect
				the public through the examination, licensing, and regulation of real estate
				brokers, salespersons, and firms pursuant to Iowa Code chapter 543B, Real
				Estate Brokers and Salespersons; to administer Iowa Code chapter 543C, Sales of
				Subdivided Land Outside of Iowa; and to administer Iowa Code chapter 557A,
				Time-Shares.
The commission is a policy making body with authority to
				promulgate rules for the regulation of the real estate industry consistent with
				all applicable statutes. Administrative support services are furnished by the
				professional licensing and regulation division of the department of
				inspections, appeals, and licensing. The commission or duly authorized
				representative may inspect subdivided land outside of Iowa pursuant to Iowa
				Code section 543C.4.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 1 - Administration › Rule 193E-1.3 - Meetings of the Commission

Current through Register Vol. 47, No. 3, July 24, 2024
Meetings of the commission are held at times scheduled by the
				commission in the offices of the commission or at a place designated by the
				commission. Special meetings may be called by the chairperson or executive
				officer of the commission, who sets the time and place of the
				meeting.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 1 - Administration › Rule 193E-1.4 - Custodian of Records, Filings, and Requests for Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise specified by the rules of the department of
				inspections, appeals, and licensing or the professional licensing and
				regulation division, the commission is the principal custodian of its own
				agency orders, statements of law or policy issued by the commission, legal
				documents, and other public documents on file with the commission.
(1) Any person may examine public records
			 promulgated or maintained by the commission at its office during regular
			 business hours.
(2) Records,
			 documents and other information may be gathered, stored, and available in
			 electronic format. Information, various forms, documents, and the license law
			 and rules may be reviewed or obtained at any time by the public from the
			 commission's website.
(3)
			 Deadlines. Unless the context dictates otherwise, any deadline for filing a
			 document that falls on a Saturday, Sunday, or official state holiday will be
			 extended to the next working day.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 1 - Administration › Rule 193E-1.5 - Investigation and Subpoena

Current through Register Vol. 47, No. 3, July 24, 2024
Commission rules regarding investigations and investigatory
				subpoenas may be found in 193E-Chapter 18 and in the uniform rules for the
				professional licensing and regulation division at 193-Chapter
				6.
Iowa Administrative Code › Agency 193E - Real Estate Commission › Chapter 1 - Administration › Rule 193E-1.8 - Denial of Issuance or Renewal of License for Nonpayment of Child Support or Student Loan

Current through Register Vol. 47, No. 3, July 24, 2024
Commission rules on the denial of the issuance or renewal of
				license based on nonpayment of child support obligations or student loan may be
				found in the uniform rules for the professional licensing and regulation
				division at 193-Chapter 8.