reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 26 .0101 - AUTHORITY: NAME AND LOCATION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
The "North Carolina Landscape Architecture Act," G.S. Chapter
				  89A, establishes and authorizes the "North Carolina Board of Landscape
				  Architects," hereafter called the "Board." Unless otherwise directed, all
				  communications shall be addressed to the Board at Post Office Box 41225,
				  Raleigh, North Carolina 27629. Applications and other information are available
				  on the Board's website: www.ncbola.org.
Authority
				  G.S.
				  89A-3.1;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Amended Eff.
				  March 1, 2015; August 1, 2000; July 2, 1979;
Readopted Eff. April
				  1, 2018;
Amended Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 26 .0102 - REPEALED - PURPOSE OF THE ACT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-1(b),(c);
				  89A-2(a);
				  89A-3(c);
Eff. February 1, 1976;
Readopted Eff. September 30,
				  1977;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 26 .0103 - ORGANIZATION OF THE BOARD: OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
In accordance with Article 33C of G.S. Chapter 143, meetings
				  of the Board shall be open and public except that the Board may meet in closed
				  session to prepare, approve, administer or grade written examinations; or to
				  examine and deliberate the qualifications of an applicant for registration; or
				  to dispose of a proceeding to discipline a registered landscape
				  architect.
Authority
				  G.S.
				  89A-3;
				  143-318.11;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. March 1, 2015; August 1, 1988;
Readopted Eff. April 1,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 26 .0104 - REPEALED - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  150B-11(1);
Eff. February 1, 1976;
Readopted Eff. September 30,
				  1977;
Temporary Amendment Eff. October 1, 1997;
Temporary Amendment Expired July 12, 1998;
Repealed Eff. August 1,
				  2000.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 26 .0105 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The fee for any initial license
				application shall be one hundred dollars ($100.00).
(b) Examination fees payable to the Board
				shall be paid prior to the examination and in accordance with G.S
				89A-6.
(c) The initial fee for a
				license by examination or comity shall be two hundred fifty dollars
				($250.00.)
(d) The initial fee for
				a corporate certificate of registration shall be two hundred fifty dollars
				($250.00.)
(e) The fee for the
				annual renewal of any certificate of registration of any person, firm, or
				corporation shall be one hundred dollars ($100.00).
(f) Annual renewal fees received after June
				30th of each year shall be subject to a late fee of
				fifty dollars ($50.00). Lapse of license renewal in excess of one year shall
				require an application for reinstatement and an application fee of one hundred
				dollars ($100.00).
(g) The fee for
				re-issue of a lost or damaged certificate shall be twenty-five dollars
				($25.00).
(h) If the accompanying
				payment in the amount of the renewal fee is dishonored by the firm's drawee
				bank for any reason, the Board shall suspend the firm registration until the
				renewal fee is paid.
Authority
				  G.S.
				  89A-3.1;
				  89A-5;
				  89A-6;
Eff. February
				  1, 1976;
Readopted Eff. September 30, 1977;
Amended
				  Eff. December 1, 1994; June 1, 1991; April 1, 1990; July 1, 1989;
Temporary Amendment Eff. October 1, 1997;
Temporary Amendment
				  Expired July 12, 1998;
Amended Eff. March 1, 2015; August 1,
				  2000;
Readopted Eff. April 1, 2018;
Amended Eff.
				  January 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 26 .0106 - SUSPENSION OF AUTHORITY TO EXPEND FUNDS

Current through Register Vol. 39, No. 2, July 15, 2024
In the event the North Carolina Board of Landscape
				  Architects' authority to expend funds is suspended pursuant to
				  G.S.
				  93B-2(d), the Board shall
				  continue to issue and renew licenses and all fees tendered shall be placed in
				  an escrow account maintained by the Board for this purpose. Once the Board's
				  authority is restored, the funds shall be moved from the escrow account into
				  the general operating account.
Authority
				  G.S.
				  89A-3.1;
				  93B-2;
Eff. March 1,
				  2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0100 - STATUTORY AND ADMINISTRATIVE PROVISIONS › Section 26 .0107 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions in
				  G.S.
				  89A-1, for purposes of this Section, the
				  following definitions apply:
(1)
				"Board Executive" means the administrator of the Board.
(2) "CLARB" means the Council of Landscape
				Architectural Registration Boards.
(3) "Contact hour" means 60 continuous
				minutes.
(4) "CEAC" means the
				Continuing Education Advisory Committee of the Board.
(5) "Direct Supervision" means the level of
				supervision by a licensed professional overseeing the work of another in which
				both work in circumstances where professional contact is relevant and routine,
				and the supervisor has both control over and detailed professional knowledge of
				the work prepared under his or her supervision.
(6) "Education Activity" means an activity
				that increases the professional knowledge or skills of a licensee and relates
				to the protection or enhancement of the health, safety and welfare of the
				public and is approved by the Board.
(7) "Examination" means the process by which
				the Board determines the experience, academic or other qualifications and
				fitness for practice of an applicant, and may include a written examination
				administered by the Board or a third party.
(8) "Foreign Corporation" means a foreign
				corporation as defined in
				G.S.
				55B-16(b).
(9) "LAAB" means the Landscape Architecture
				Accreditation Board.
(10) "LARE"
				means the Landscape Architecture Registration Exam administered by the
				CLARB.
(11) "License" means
				registration with the Board and use of "RLA" as a designator for Registered
				Landscape Architect shall denote licensure by the Board.
(12) "License Year" means July
				1st through June
				30th.
(13) "Resident licensed professional" means a
				licensee who spends a majority of the licensee's normal working time in a
				specifically identified place of business within North Carolina. Such time
				shall not be less than a majority of the operating hours of the business. A
				licensed professional shall be the resident licensee at only one place of
				business at one time unless each business is at least one- third owned by the
				resident professional and is approved by the Board after a determination that
				the businesses are integrated in operation, ownership, office location, and
				that the licensee will be in responsible charge of the professional
				services.
Authority
				  G.S.
				  89A-3.1(2);
				  89A-5;
Eff. March 1,
				  2015;
Amended Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0201 - BOARD LISTING OF INDIVIDUAL AND FIRM NAMES

Current through Register Vol. 39, No. 2, July 15, 2024
Every individual licensee, partnership, firm or corporation
				  shall keep the Board advised of his, her or its current mailing address and
				  other contact information and the name or names under which he, she or it is
				  practicing landscape architecture. Each licensee or firm shall keep current its
				  online profile and changes of association, address or contact information. Upon
				  the dissolution or change of a professional relationship, the member or members
				  thereof shall notify the Board in writing concerning such dissolution, and of
				  the succeeding status and addresses of the individual or firm. Notice to the
				  Board required by this Rule shall be provided within 10 days of the
				  change.
Authority
				  G.S.
				  89A-3.1(2);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. March 1, 2015;
Readopted Eff. April 1,
				  2018;
Amended Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0202 - REPEALED - APPLICABILITY OF BOARD RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. August 1, 1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0203 - REPEALED - GENERAL OBLIGATIONS OF PRACTICE: MANDATORY STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  89A-7;
Eff. February
				  1, 1976;
Readopted Eff. September 30, 1977;
Amended
				  Eff. October 1, 1988; August 1, 1988; November 8, 1978;
Repealed
				  Eff. July 1, 1993.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0204 - REPEALED - CORPORATE PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  55B-15;
Eff. February
				  1, 1976;
Readopted Eff. September 30, 1977;
Amended
				  Eff. August 1, 1988; April 1, 1981;
Repealed Eff. February 1,
				  1994.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0205 - REPEALED - FORMS OF PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
RRC
				  Objection Eff. June 17, 1993 Due to Lack of Statutory Authority;
Eff. August 1, 1993;
Repealed Eff. February 1,
				  1994.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0206 - NAME OF FIRM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The name of a
				landscape architectural firm shall not include the proper name of any officer
				or employee who is not a licensed landscape architect, architect, geologist,
				soil scientist, land surveyor or professional engineer.
(b) The word "associate" may be used only
				with reference to a licensee who is a principal or regular employee of the
				firm. The plural form may be used only when justified by the number of
				licensees in addition to those licensees whose proper names are included in the
				firm name as follows:
(1) Example: Proper
				Name and (&) Associates shall refer to a principal landscape architect and
				at least two licensed landscape architectural employees.
(2) Example: Proper Name Associates shall
				refer to at least one principal landscape architect and at least one licensed
				landscape architectural employee.
(3) Example: Assumed Name Associates shall
				refer to at least one principal landscape architect and at least one licensed
				landscape architectural employee, or two or more principal landscape
				architects.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0207 - APPLICATION OF PROFESSIONAL SEAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The seal(s)
				of the landscape architect(s) responsible for the work and the landscape
				architectural corporation seal, if appropriate, shall be applied to the
				following documents:
(1) Drawings and
				specifications prepared for public agency approval;
(2) Drawings and specifications issued for
				the purpose of bidding, negotiation or construction;
(3) Reports of technical nature;
				and
(4) Letters and certificates of
				professional opinion.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0208 - REPEALED - IMPROPER CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
RRC
				  Objection Eff. June 17, 1993 Due to Lack of Statutory Authority and
				  Ambiguity;
Eff. August 1, 1993;
Repealed Eff. February
				  1, 1994.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0209 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
A licensee shall not:
(1) allow his or her name to be associated
				with an undertaking in any professional capacity without having served
				specifically in that capacity;
(2)
				accept compensation in whole or in part from fees, commissions, earnings,
				commercial or speculative profit deriving from sales of materials or services
				provided to a Landscape Architect's client by others;
(3) make exaggerated or misleading statements
				or claims about any personal qualifications, experience or
				performance;
(4) fail to disclose
				to a client or employer the existence of any financial interest which bears
				upon the landscape architectural services or project in any way;
(5) fail to respond within 30 calendar days
				to any inquiry from the Board; or
(6) fail to supervise his or her practice.
				Each office maintained for the preparation of drawings, specifications, reports
				or other professional work shall have a registered landscape architect employed
				in that office who shall have direct knowledge and supervisory control of such
				work, except field offices maintained only for the purpose of project
				construction administration shall have at least one employee present with the
				supervising landscape architect maintaining control and making periodic
				visits.
Authority
				  G.S.
				  89A-3.1;
				  89A-7;
Eff. August 1,
				  1993;
Amended Eff. November 1, 2005; March 1, 1994;
Readopted Eff. April 1, 2018;
Amended Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0210 - DISHONEST PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				shall not:
(1) knowingly make any deceptive
				or false statement about another's professional work or maliciously injure or
				attempt to injure the prospects, practice, or employment position of those so
				engaged;
(2) knowingly make any
				deceptive or false statements in an application for examination or in any other
				statements or representations to the Board, to any public agency, to a
				prospective or actual client, or to another Landscape Architect; or
(3) fail to notify the Board of disciplinary
				action by a landscape architect licensing, registration or certification entity
				in another jurisdiction within five business days of that jurisdiction's final
				action in the matter.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0211 - INCOMPETENCE

Current through Register Vol. 39, No. 2, July 15, 2024
The following acts or omissions are deemed to be gross
				  incompetency within the meaning of
				  G.S.
				  89A-7:
(1) to attempt to perform professional
				services that are beyond the qualifications that the landscape architect and
				those who are engaged as consultants are qualified by education, training and
				experience in the specific technical areas involved;
(2) to be negligent in planning, designing,
				supervising, managing or inspecting landscape architectural projects such that
				the public health, safety, or welfare is jeopardized; or
(3) to plan, perform, or supervise work for
				clients in such a manner and with such results as to be below the level of
				professional competency exercised by other registered landscape architects who
				are practicing in the area.
Authority
				  G.S.
				  89A-3.1;
				  89A-7;
Eff. August 1,
				  1993;
Amended Eff. December 1, 2005; March 1, 1994;
Readopted Eff. April 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0200 - PRACTICE OF REGISTERED LANDSCAPE ARCHITECTS › Section 26 .0212 - SCOPE OF PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
The scope of practice as defined by
				  G.S.
				  89A-1(3) and
				  G.S.
				  89A-2(b) shall be limited
				  only by the licensee possessing the requisite knowledge and experience to
				  provide the service. Consistent with the North Carolina State Building Code, a
				  licensee shall not design any retaining wall greater than five vertical feet in
				  height from the finished grade unless the licensee has the requisite knowledge
				  and experience to determine the appropriate construction material and calculate
				  the embedment, vertical load, backfill and other criteria.
Authority
				  G.S.
				  89A-1(c);
				  89A-3.1;
Eff. January
				  1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0302 - REPEALED - TEMPORARY PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3.1;
				  89A-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30,
				  1977;
Amended Eff. October 1, 1988;
Temporary Repeal
				  Eff. October 1, 1997;
Temporary Repeal Expired July 12,
				  1998;
Repealed Eff. August 1,
				  2000.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0303 - LICENSE BY COMITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To assure that
				the requirements of the other state are at least equivalent to those of this
				state, an applicant for a license by comity shall show education and experience
				equal to those required of applicants who seek licensure by
				examination.
(b) An application for
				a license by comity shall be made on the on-line form available on the Board's
				website: www.ncbola.org and shall be accompanied by the fee.
(c) To be approved for a license by comity
				the applicant shall meet the following requirements:
(1) Provide evidence of having successfully
				completed the written examination established by the CLARB or hold a
				certificate issued by the CLARB;
(2) Provide certification from the proper
				official of any state having a landscape architectural licensure or
				registration act that the individual is currently certified, licensed, or
				registered and in good standing in that state;
(3) Submit such additional information
				concerning the applicant's qualifications as may be requested by the Board;
				and
(4) Submit examples of work
				upon request.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0304-.0305

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  89A-5;
				  89A-7;
Eff. February
				  1, 1976;
Readopted Eff. September 30, 1977;
Amended
				  Eff. November 8, 1978;
Repealed Eff. August 1,
				  1988.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0306 - REINSTATEMENT AFTER REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any person whose license is revoked shall be reinstated at
				  any time by majority vote of the Board if there is a finding that the cause for
				  revocation no longer exists.
Authority
				  G.S.
				  89A-3.1;
Eff. February 1,
				  1976;
Readopted Eff. September 30, 1977;
Amended Eff.
				  December 1, 2005;
Readopted Eff. April 1, 2018;
Amended
				  Eff. January 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0307 - CONTINUING EDUCATION AS A CONDITION OF ANNUAL RENEWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Every licensee shall meet the continuing education requirements for
				professional development as a condition for license renewal.
(b) In order for a licensee to qualify for
				license renewal as a landscape architect in North Carolina, the licensee shall
				have completed 10 contact hours of Board approved continuing education within
				the previous license year. Such continuing education shall be obtained by
				active participation in courses, seminars, sessions, or programs approved by
				the Board.
(c) To be acceptable for
				credit toward this requirement, all courses, seminars, webinars, sessions, or
				programs shall first be submitted to the CEAC. The CEAC shall review and
				recommend to the Board any course, seminar, webinar, session, or program for
				continuing education credit to the Board that the CEAC determines meets the
				criteria in Rule .0308(c) of this Section.
(d) Documentation of compliance with this
				Rule shall be by affidavit provided on the individual application for license
				renewal and available from the licensee's secure online profile. Erroneous or
				false information attested to by the licensee shall be deemed as grounds for
				denial of license renewal and possible suspension of license or denial of
				consideration for future license reinstatement, at the discretion of the
				Board.
(e) The Board may establish,
				in consultation with the CEAC, mandatory continuing education topics for a
				license year.
Authority
				  G.S.
				  89A-3.1(2);
				  89A-5;
Eff. May 1,
				  1990;
Amended Eff. March 1, 2015; March 1, 1996;
Readopted Eff. April 1, 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0308 - DUTIES AND FUNCTIONS OF CONTINUING EDUCATION ADVISORY COMMITTEE (CEAC)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) CEAC members shall be reimbursed per diem
				and travel expenses for official meetings at rates equivalent to rates allowed
				for Board members.
(b) CEAC members
				shall serve at the discretion of the Board. The Board Chair shall appoint the
				CEAC Chair who shall serve at the discretion of the Board Chair.
(c) Each continuing education activity
				recommended for approval by the Board shall, in the opinion of a majority of
				the members of the CEAC, have a direct relationship to the practice of
				landscape architecture as defined in Chapter 89A of the General Statutes of
				North Carolina and contain elements that will enhance the health, safety, and
				welfare of the citizens of North Carolina served by North Carolina licensed
				landscape architects.
(d) The CEAC
				shall meet at least once during each three month quarter of the year and act on
				each course, seminar, webinar, session, or program submitted for its review
				through the licensee or provider's secure online profile. The CEAC shall review
				submissions in accordance with Paragraph (c) of this Rule. Each program shall
				be recommended for approval, recommended for disapproval, or deferred for lack
				of information. Programs recommended for approval shall be accompanied by a
				brief statement of findings by the committee of how the program meets the
				criteria established by this Rule.
(e) An activity may be recommended for
				pre-approval by the CEAC before it actually occurs by following the same
				procedure for submission as utilized for post-activity approval.
Authority
				  G.S.
				  89A-3.1(6);
				  89A-5;
Eff. March 1,
				  2015;
Amended Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0309 - EXEMPTIONS AND EXTENSION OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				shall be exempt from the continuing education requirements for any of the
				following reasons:
(1) New licensees by way
				of examination or comity for the current registration year;
(2) A licensee serving on temporary active
				duty in the armed forces of the United States for a period of time exceeding 90
				consecutive days in a year or as provided by
				G.S.
				93B-15(b), whichever is
				greater;
(3) A licensee
				experiencing physical disability or illness if supporting documentation is
				approved by the Board. Such documentation shall be in the form of a sworn
				statement by the licensee, a statement from a physician, or medical records
				which show that the disability or illness, prevented the licensee's
				participation in a course that the licensee had enrolled, or prevented the
				licensee's participation in the continuing education program for at least 90
				consecutive days in a year; or
(4)
				A licensee with emeritus status from the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0310 - REINSTATEMENT CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A former
				licensee may only apply for reinstatement pursuant to
				G.S.
				89A-5 if he or she has earned all delinquent
				contact hours within the 12 months preceding the application. However, if the
				total number of contact hours required to become current exceeds 30, then upon
				application, the Board shall determine the number of hours required.
(b) An application for reinstatement shall be
				made on the form provided by the Board on its website: www.ncbola.org and shall
				be accompanied by the fee.
Authority
				  G.S.
				  89A-3.1(6);
				  89A-5;
Eff. March 1,
				  2015;
Amended Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0311 - CONTINUING EDUCATION REQUESTS FOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Renewal applications require the completion of a continuing education form
				through the licensee's secure online profile specifying credit claimed. The
				licensee shall report and supply sufficient detail to permit audit
				verification, certify the continuing education by signature, and submit with
				the license renewal and the fee.
(b) The following schedule for submittal of
				hours shall apply:
(1) Application for
				approval of continuing education shall be submitted through the licensee's
				secure online profile.
(2) The
				deadline for submittal of an application shall be seven days prior to the
				regularly scheduled meeting of the CEAC.
(3) Renewal requests submitted after May 15th
				cannot be guaranteed approval within the license renewal year.
(4) Requests for approval of continuing
				education shall be completed in full and the answers to the essay questions
				contained in the application shall be in complete sentences, using proper
				grammar.
(5) Administrative staff,
				the CEAC, and the Board may defer any request deemed incomplete and return it
				to the licensee for further information or if the request does not meet the
				requirements set forth in this Section. It is the responsibility of the
				licensee to submit sufficient information to satisfy the requirements of this
				Section.
(6) Failure of a licensee
				to complete the continuing education requirements, or failure to file a report
				of completed continuing education are grounds for denial of license renewal,
				possible suspension of license, or denial of consideration for future license
				reinstatement.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0312 - COMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Compliance with
				annual continuing education requirements shall be determined through an audit
				process conducted by the Board. Determination of individuals to be audited
				shall be accomplished through a random selection process or as the result of
				information received or obtained by the Board that gives rise to the need for
				an audit. Licensees selected for auditing shall provide the Board with
				attendance verification records in the form of transcripts, completion
				certificates, or other documents supporting evidence of attendance.
(b) Attendance records shall be maintained by
				individual licensees for a period of three years for audit verification
				purposes.
Authority
				  G.S.
				  89A-3.1(6);
				  89A-5;
Eff. March 1,
				  2015;
Amendment Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0313 - INDIVIDUAL LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A licensee
				shall be renewed on or before June 30th of each
				year. No less than 30 days prior to the renewal date, the Board shall send a
				renewal reminder to each individual licensee. The licensee shall complete the
				current license renewal documentation required by the Board and found in the
				licensee's secure online profile. The licensee shall submit to the Board the
				completed license renewal documentation, along with the annual license renewal
				fee. The Board shall not accept incomplete renewal documentation. If the
				accompanying charge, draft, or check in the amount of the renewal fee is
				dishonored by the landscape architect's drawee bank for any reason, the Board
				shall suspend the license until the renewal fee is paid. When the annual
				renewal has been completed according to the provisions of
				G.S.
				89A-5 and Rule .0307 of this Section, the
				Board Executive shall approve renewal of the license for the current license
				year.
(b) If the Board has not
				received the annual renewal fee and completed renewal documentation, before the
				first day of July each year the license shall expire and be delinquent. The
				license may be renewed at any time within one year of being deemed delinquent,
				upon the completion of the renewal process, payment of the annual renewal fee
				and the late renewal fee, along with demonstration of compliance with Rule
				.0307 of this Section. After one year from the date of delinquency the license
				may no longer be renewed, but the licensee shall seek reinstatement.
				Reinstatement shall occur according to the provisions of
				G.S.
				89A-5 and Rule .0301 of this
				Section.
(c) Renewal fees are
				non-refundable.
(d) Any individual
				who is currently licensed by and in good standing with the Board who is serving
				in the armed forces of the United States shall not be subject to late fees,
				suspension, or revocation for failure to renew licensure on or before June
				30th each year, provided that the individual has
				been granted an extension of time to file a tax return as set forth in
				G.S.
				105-249.2. The licensee shall, however,
				comply with the continuing education requirement of Rule .0310 of this
				Section.
Authority
				  G.S.
				  89A-5;
				  89A-6;
Eff. March 1,
				  2015;
Amended Eff. January 1,
				  2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0314 - CORPORATE PRACTICE OF LANDSCAPE ARCHITECTURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior
				to offering and rendering landscape architectural services as set forth in G.S.
				89A and Rule .0206 of this Chapter, all corporations shall, submit an
				application for registration and must be granted registration by the Board.
				Application for registration to practice landscape architecture within the
				State of North Carolina shall be made on the appropriate application for
				organization certificate of registration for a corporation or a PLLC provided
				by the Board on its website and include the required application fee.
				Certificates for corporate practice may be issued only under the provisions of
				G.S. Chapter 55B, except as provided in Paragraph (b) of this Rule and G.S.
				Chapter 57D.
(b) Applications for
				certificate of registration as exempt from the Professional Corporation Act
				under the provisions of
				G.S.
				55B-15 shall be made through the Board's
				website: www.ncbola.org accompanied by the corporate application fee. To be
				eligible as an exempt corporation under the provisions of
				G.S.
				55B-15, the following conditions shall exist:
(1) The corporation or limited liability
				company must have been incorporated or organized prior to June 5, 1969 and
				permitted by law to render professional services, or must be a corporate
				successor to such corporation or limited liability company as defined by
				G.S.
				55B-15; or
(2) The corporation or limited liability
				company must have been incorporated or organized prior to October 1, 1979 and
				must have been a bona fide firm engaged in the practice of landscape
				architecture and such services as may be ancillary thereto within the State of
				North Carolina prior to that date.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0400 - RULES: PETITIONS: HEARINGS › Section 26 .0401 - RULE MAKING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
In accordance with
				  G.S.
				  150B-20, any person desiring the adoption,
				  amendment or repeal of a Rule by the Board shall submit a petition to the
				  Board.
Authority
				  G.S.
				  89A-3.1;
				  150B-20;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. August 1, 1988; April 1, 1983;
Readopted Eff. April 1,
				  2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0400 - RULES: PETITIONS: HEARINGS › Section 26 .0402-.0414

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  150A-11;
				  150A-12;
				  150A-13;
				  150A-16;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0500 - BOARD DISCIPLINARY PROCEDURES › Section 26 .0501-.0505

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  150A-11;
				  150A-17;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0500 - BOARD DISCIPLINARY PROCEDURES › Section 26 .0506-.0509 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3-(c); 89A-3A;
Temporary
				  Adoption Eff. October 1, 1997;
Temporary Adoption Expired July 12,
				  1998.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0500 - BOARD DISCIPLINARY PROCEDURES › Section 26 .0510 - COMPLAINTS AND DISCIPLINARY REVIEW PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				may file a complaint against a licensed Landscape Architect for an alleged
				violation of G.S. Chapter 89A or
				21 NCAC
				26 on a form provided on the Board's website:
				www.ncbola.org which may also be requested from the Board staff.
(b) The complaint shall set forth the facts
				upon which the complaint is based and the complainant shall confirm he or she
				believes the facts stated are true and that he or she is prepared to prove them
				at a hearing. Supporting documents may be provided.
(c) Allegations or evidence of a violation of
				the Landscape Architecture Licensing Act or the rules in this Chapter shall be
				preliminarily reviewed by the Board Chair and legal counsel to the Board. Upon
				a determination that evidence of a violation exists, the matter shall be
				subject to Board investigation and may ultimately be subject to disciplinary
				action by the Board.
(d) An
				investigation shall be initiated by a written notice and explanation of the
				allegation being forwarded to the licensee or entity against whom the charge is
				made and a response shall be requested of the licensee or firm so charged
				within 30 days of receipt of said notice to show compliance with all
				requirements for retention of the license. Notice of the charge and of the
				alleged facts or alleged conduct shall be given personally or by certified
				mail, return receipt requested.
(e)
				In the discretion of the Board Chair, a field investigation may be
				performed.
(f) After additional
				evidence has been obtained, the Board Chair shall either:
(1) recommend dismissal of the charge;
				or
(2) refer the matter to the
				Disciplinary Review Committee.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0600 - ADMINISTRATIVE HEARINGS: PROCEDURES › Section 26 .0601-.0609

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  150A-23(a);
				  150A-23(c);
				  150A-23(d);
				  150A-32;
				  150A-33;
150A-35;
Eff. February 1, 1976;
Readopted Eff.
				  September 30, 1977;
Repealed Eff. May 1,
				  1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0700 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS › Section 26 .0701-.0705

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  150A-25(a);
				  150A-27;
				  150A-33(5);
				  150A-34(a),(b),(c);
Eff. February 1, 1976;
Readopted Eff. September 30,
				  1977;
Amended Eff. November 8, 1978;
Repealed Eff. May
				  1, 1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0800 - JUDICIAL REVIEW › Section 26 .0801-.0802

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  89A-3(c);
				  150A-43;
				  150A-45;
Eff.
				  February 1, 1976;
Readopted Eff. September 30, 1977;
Repealed Eff. May 1, 1983.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0101 - AUTHORITY: NAME AND LOCATION OF BOARD

Current through Register Vol. 39, No. 2, July 15, 2024
All communications to the North Carolina Landscape Contractors'
				Registration Board, hereafter called the "Board," shall be addressed to the
				Board at Post Office Box 20875, Raleigh, North Carolina
				27619.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0103 - ORGANIZATION OF BOARD: OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board shall meet at least once each year at the time and
				place fixed by the Board. Other meetings may be called by the chairman of the
				Board. A majority of the Board shall constitute a quorum. Meetings shall be
				open and public except that the Board may meet in closed session to prepare,
				approve, administer, or grade examinations, or to deliberate the qualification
				of an applicant for license or to dispose of a proceeding to discipline a
				licensed landscape contractor.
At its annual meeting the Board shall organize by electing a
				chairman, a vice chairman, a secretary-treasurer, and such other officers as
				may be deemed necessary. Officers of the Board shall serve for terms of one
				year and until a successor is elected, without limitation on the number of
				terms an officer may serve.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0106 - FORMS

Current through Register Vol. 39, No. 2, July 15, 2024
Forms used by the Board, and available from the Board office
				upon request, include the following:
(1) Application for Certificate of
			 Title,
(2) Application for Renewal
			 of Certificate.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0107 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Fees, as authorized by
				G.S. 89D-5, shall be
				as follows:
(1) application fee is set
			 in
			 G.S.
			 89D-5(b) $75.00
(2) initial certificate fee $60.00
(3) all renewal fees $60.00
(4) penalty for late renewal fee
			 $25.00
(5) duplicate certificate
			 $5.00
(6) examination or
			 re-examination fee $60.00
(7) copy
			 of duplicate parchment certificate $35.00
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0201 - BOARD LISTING OF INDIVIDUAL AND FIRM NAMES

Current through Register Vol. 39, No. 2, July 15, 2024
Every individual licensee, partnership, firm or corporation has
				the continuing responsibility of keeping the Board currently advised of his or
				its proper and current mailing address and the name or names under which he or
				it is practicing. Each licensee or firm shall immediately notify the Board of
				any and all changes of association or address. Upon the dissolution of a
				professional relationship, the member or members thereof shall promptly notify
				the Board in writing concerning such dissolution, and of the succeeding status
				and addresses of the individual or firm.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0203 - REQUIREMENT FOR SEAL

Current through Register Vol. 39, No. 2, July 15, 2024
Every landscape contractor shall, upon registration, obtain a
				seal of the design authorized by the Board, bearing the name of the registrant,
				number of certificate, and the legend "North Carolina Registered Landscape
				Contractor."
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0204 - REQUIREMENT FOR USE OF SEAL

Current through Register Vol. 39, No. 2, July 15, 2024
Every registered landscape contractor shall place his
				professional seal on all plans, specifications or other professional documents
				prepared by him or under his immediate supervision. The seal may be used only
				while the registrant's certificate is in full force and effect. The seal may
				not be used except for work offered, or performed, by or under the immediate
				supervision of the registrant.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0205 - DISCIPLINE OF REGISTERED CERTIFICATE HOLDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Improper,
			 fraudulent or dishonest dealing" within the meaning of
			 G.S. 89D-7 includes
			 dishonest practice, unprofessional conduct and acts of incompetence.
(b) The following shall be deemed to
			 constitute "dishonest practice":
(1) To make
			 any false or deliberately misleading statements in an application for
			 examination or in any statements or representations to this Board, to a client,
			 or to another landscape contractor.
(2) To violate the laws of North Carolina or
			 of any other state relating to the practice of landscape contracting, or to
			 violate any rule of this Board.
(3)
			 To use or attempt to use the title or seal under a certificate that has been
			 suspended or revoked or which has not been renewed.
(4) To use or to permit the name or the
			 professioanl seal of the landscape contractor to be used on the plans or
			 specifications or other professional documents not personally prepared, or
			 prepared under the immediate supervision of such landscape
			 contractor.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 28 - LANDSCAPE CONTRACTORS › Section 28 .0301 - APPLICATIONS AND EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
			 Notice. The Board shall hold at least one examination during each year and may
			 hold such additional examinations as may appear necessary. The
			 secretary-treasurer shall give public notice of the time and place for each
			 examination at least 90 days in advance of the date set for the
			 examination.
(b) Applications.
			 Applications on forms provided by the Board and accompanied by the required
			 application fee must be filed with the Board at least 60 days prior to the date
			 of examination.
(c) Education and
			 Experience Equivalents. Applicants for examination shall be given credit for
			 education and experience to meet the statutory requirements as follows:
(1) Education Equivalents. Credit for
			 educational attainment shall be credited as follows:
(A) Graduation from a four-year program in
			 Landscape Architecture, Landscape Horticulture, or Horticulture: Maximum Credit
			 - 1.5 years;
(B) Graduation from a
			 four-year curriculum in any other field: Maximum Credit - 6 months;
(C) Graduation from a two-year program in
			 Horticulture or similar curriculum in a land grant institution or community
			 college: Maximum Credit - 1 year.