reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-5 - Certificate of Authority or Certificate of Title required

Current through Vol. 41, No. 20, July 1, 2024
The Board may grant a Certificate of Authority to practice
				  architecture or landscape architecture or a Certificate of Title to offer
				  services under a Registered Commercial Interior Designer to those Entities
				  meeting the following criteria:
(1) An
				application for any entity, including branch offices, is filed and approved by
				the Secretary-Treasurer or the Board.
(2) At least one general partner, or
				director, officer, shareholder, manager, member or principal is a licensed
				Architect or Landscape Architect and designated as being responsible for the
				practice of the profession in the State of Oklahoma or is registered as a
				Registered Commercial Interior Designer and responsible for the Entity. If a
				firm is offering multiple professions, the firm shall have at least one general
				partner, director, officer, shareholder, principal or for a limited liability
				company, a manager or member who is licensed or registered in each profession
				and is designated as being responsible for the activities of each profession,
				as the Architect, Landscape Architect, or Registered Commercial Interior
				Designer of Record.
(3) All
				technical submissions, original drawings, original cover sheet and the page
				identifying all specification pages covered, all addenda and field changes
				shall be signed, sealed and dated by an Architect of Record defined in
				55:10-1-3.
				Prototypical technical submissions refer to
				55:10-11-7(i),
				55:10-11-8(e),
				and
				55:10-11-8(f)(4).
(4) Compliance with the Board's Rules in this
				Chapter and the Act shall not alleviate other members, officers, shareholders,
				managers, principals, directors, partners or employees from direct
				responsibility and liability by reason of employment or relationship with the
				Entity to the Board.
(5) The
				Certificate of Authority or Certificate of Title issued by the Board is subject
				to powers of renewal, suspension, revocation, denial, refusal to renew, levying
				criminal or civil penalties, vested in the Board by the Act and does not
				preclude the Board from using any other legal procedures necessary to carry out
				its powers and duties.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 26 Ok Reg 771, eff 4-27-09; Amended at 29 Ok Reg
				  921, eff 7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-6 - Biennial renewals required for Certificate of Authority or Certificate of Title

Current through Vol. 41, No. 20, July 1, 2024
(a)
Biennial
				renewal requirements.
An Entity desiring to practice Architecture,
				Landscape Architecture or use the title Architect or Landscape Architect
				through a Certificate of Authority or an Entity desiring to offer services
				under a Registered Commercial Interior Designer through a Certificate of Title,
				must submit the proper fees and applicable penalties in
				55:10-3-13 and
				forms for application and renewal biennially. No Certificate of Authority or
				Certificate of Title shall be issued for longer than a two (2) year period. The
				renewal forms, required information and fees shall be due with the Licensee's
				or Registrant's individual renewal which are due by mail or hand delivery to
				the Board office by 4:30 p.m. or online by 11:59p.m. CST on or before June 30
				of the renewal year to avoid penalties. Postmarks will not be
				accepted.
(b)
Renewal
				exemption based on temporary military deployment.
The exemption from
				fees and penalties shall apply to the Certificate of Authority or the
				Certificate of Title if a Licensee is the only Architect of Record or a
				Registrant is the only Registered Commercial Interior Designer of Record
				associated with the Entity. Licensees or Registrants who are called to active
				military duty in the armed forces of the United States and deployed to a
				temporary military assignment are exempt from paying all renewal fees and
				penalties in OAC
				55:10-3-13.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 29 Ok Reg 921, eff
				  7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-7 - Failure to biennially renew a Certificate of Authority or Certificate of Title

Current through Vol. 41, No. 20, July 1, 2024
(a) Failure to
				biennially renew the Entity and remit payment of the renewal fee and applicable
				penalties, submit an acceptable and complete application and other required
				documents or information for the Certificate of Authority or Certificate of
				Title on June 30 of the renewal year will result in automatic cancellation and
				revocation of the certificate.
(b)
				Automatic cancellation and revocation of the Certificate of Authority or
				Certificate of Title will result in the Entity paying a late payment and
				reinstatement penalties in order to reinstate the Certificate.
(c) Notices of suspension or revocation will
				be sent to the last known address of the Entity failing to biennially license
				or register and remit renewal fees and penalties.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 29 Ok Reg 921, eff
				  7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-8 - Reinstatement of canceled Certificate of Authority or Certificate of Title

Current through Vol. 41, No. 20, July 1, 2024
(a)
Reinstatement within three (3)
				years.
A Certificate of Authority or Certificate of Title canceled for
				nonpayment of fees may be reinstated at any time within three (3) years, after
				paying all fees and penalties accrued at time of reinstatement. Reinstatements
				may be approved by Board staff upon compliance with the Act and Rules without
				Board action.
(b)
Reapplication after three (3) years.
Entities whose Certificate of
				Authority or Certificate of Title has been cancelled for three years or more
				shall submit a new Certificate of Authority or Certificate of Title
				application, along with all required documents and fees.
(c)
Reinstatement for cause.
A
				Certificate of Authority or Certificate of Title suspended, denied, refused to
				be renewed, penalties levied, orders issued or revoked for cause may be
				reinstated only by Board action and only then in the manner determined by such
				Board action. Requests for reinstatement of the Certificate of Authority or
				Certificate of Title revoked for cause shall be addressed to the Board and
				shall show cause why such reinstatement is justified.
(d)
Reinstatement based on temporary
				military deployment.
Entities given an exemption from paying fees and
				penalties because the only Architect of Record or Registered Commercial
				Interior Designer of Record was deployed on a temporary military deployment in
				the armed forces of the United States, shall notify the Board office consistent
				with OAC
				55:10-3-13.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff 5-11-07; Amended at 29 Ok Reg
				  921, eff 7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-9 - Compliance with laws, Rules, regulations and orders

Current through Vol. 41, No. 20, July 1, 2024
All entities shall comply with all laws, Rules, regulations
				  and orders issued, which apply to an individual Architect, Landscape Architect
				  or Registered Commercial Interior Designer.
Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 29 Ok Reg 921, eff
				  7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-10 - Investigations, hearings and penalties

Current through Vol. 41, No. 20, July 1, 2024
The Board shall investigate complaints, hold hearings, issue
				  orders and determine penalties against entities in the same manner, procedure
				  and with the same rights and offenses as an individual Architect, Landscape
				  Architect or Registered Commercial Interior Designer as designated in the Rules
				  of this Chapter.
Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 29 Ok Reg 921, eff
				  7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-11 - Surrender of Certificate of Authority or Certificate of Title [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 24 Ok Reg
				  815, eff 5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-12 - Notification of changes in firm practice required

Current through Vol. 41, No. 20, July 1, 2024
Entities shall notify the Board office within thirty (30)
				  days of any or all changes that affect the Certificate of Authority or
				  Certificate of Title. Notification shall be on the Board's form, signed by an
				  Architect, Landscape Architect, or Registered Commercial Interior Designer of
				  Record and accompanied by the fees in
				  55:10-3-13.
				  Failure to properly and promptly notify the Board of these changes may be cause
				  for penalties, orders issued, revocation, refusal to renew or suspension of the
				  Certificate of Authority or Certificate of Title, as designated in the Rules of
				  this Chapter.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 29 Ok Reg 921, eff
				  7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-13 - Authority to use professional titles

Current through Vol. 41, No. 20, July 1, 2024
Only entities holding a current Certificate of Authority or
				  Certificate of Title issued by the Board are authorized to employ the titles
				  Architecture, Landscape Architecture, or Registered Commercial Interior Design
				  or use any various construction of these words, in describing or identifying
				  services, contracting or executing work.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 29 Ok Reg 921, eff
				  7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-14 - Certificate of Authority or Certificate of Title index maintained; restriction on similar names [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-15 - Limited partnerships and corporations required to file with Secretary of State

Current through Vol. 41, No. 20, July 1, 2024
(a) Limited
				partnerships, limited liability companies, limited liability partnerships,
				foreign and domestic corporations are required by law to file for a certificate
				of incorporation or domestication and maintain same with the Secretary of
				State.
(b) Failure of an Entity to
				properly file or register with the Oklahoma Secretary of State and maintain
				said Entity in good standing with the Oklahoma Secretary of State may result in
				revocation of the Certificate of Authority or Certificate of Title and
				disciplinary action pursuant to the Act and Rules in this Chapter.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-16 - Firm Names

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use of
				names of deceased or retired individuals.
Use of the names of deceased
				or retired licensed or registered partners or directors in a firm name is
				permissible.
(b)
Multiple
				surnames.
Use of multiple surnames in titles of firms is permissible so
				long as one surname is a licensed Architect, Landscape Architect or Registered
				Commercial Interior Designer. Other surnames shall be names of related licensed
				or registered professions (e.g., engineer - structural, mechanical, electrical,
				civil, or land surveyor).
(c)
Full names.
Use of a full name in the title of a firm is
				permissible so long as the full name is the name of a licensed Architect,
				Landscape Architect or a Registered Commercial Interior Designer or a deceased
				licensed Architect or Landscape Architect or Registered Commercial Interior
				Designer.
(d)
Fictitious
				names.
Fictitious names of firms are permissible so long as at least one
				Architect of Record or Registered Commercial Interior Designer of Record as
				defined in
				55:10-1-3,
				has Responsible Control for the activities of the firm.
(e)
Single Surname.
Use of a
				single surname is permissible so long as that surname is a licensed Architect,
				Landscape Architect, Registered Commercial Interior Designer, or related
				professional (e.g., engineer, structural, mechanical, electrical, or civil, or
				land surveyor).
(f)
Same or
				similar names.
The name of the Entity shall not be the same or
				deceptively similar to the name of any other Entity then existing or which has
				existed within the preceding three (3) years, without the written consent of
				the previously existing Entity.
Amended at 19 Ok Reg
				  2555, eff 7-15-02; Amended at 24 Ok Reg 815, eff 5-11-07; Amended at 29 Ok Reg
				  921, eff 7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-17 - Use of multiple surnames in titles of firm name [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-18 - Use of full name in title of firm name [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-19 - Use of departed surname in title of firm name [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 24 Ok Reg
				  815, eff 5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-20 - Use of fictitious name in title of firm name [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 26 Ok Reg 771, eff 4-27-09; Amended at 29 Ok Reg
				  921, eff 7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 13 - Organizational Practice › Section 55:10-13-21 - Use of single surname in title of firm name [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-1 - Prima facie evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) Prima facie
				evidence shall be construed or attempting to construe to practice, perform or
				offer architecture, landscape architecture or services as a Registered
				Commercial Interior Designer within the meaning and intent of the Act by
				display or verbal claim, sign, advertisement, contract, card or other printed,
				engraved, or written instrument or device, or by electronic means bearing an
				individual's or entities name or in any other way represent to be licensed or
				registered under the Act. Prima facie evidence is also defined as an individual
				or Entity representing as able to contract, offer, perform services or use the
				restricted titles defined under the Act as requiring a License, Registration,
				Certificate of Authority or a Certificate of Title. Any such action noted by
				this Section shall be sufficient to justify an injunction or any other order or
				a conviction without evidence of a general course of conduct. The Board shall
				determine if other legal procedures and penalties are necessary and shall have
				the power to proceed with any and all legal procedures in addition to the
				injunction or other such orders issued.
(b) The following actions shall not be
				violations under 59 O.S. 46.1 et seq. and the Rules of the Board: Advertising
				in national publications or electronic media, provided there is no offering of
				professional services in jurisdictions where not licensed.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-2 - Grounds for violations and penalties

Current through Vol. 41, No. 20, July 1, 2024
Grounds for probation, denial, revocation, suspension,
				  refusal to renew, orders, injunctions, civil and/or criminal penalties are as
				  follows:
(1) Fraud, deception or
				misrepresentation in applying for a License, Registration, Certificate of
				Authority, Certificate of Title or in taking the examinations (see
				55:10-15-4);
(2) Violating the Act, or any Rule or order
				issued by the Board, including the unlicensed practice of architecture or
				landscape architecture;
(3)
				Conviction of a felony;
(4)
				Violating any jurisdiction's registration or licensing laws, requirements or
				rules and regulations;
(5) Mental
				impairment;
(6) Gross incompetence
				(see
				55:10-15-5);
(7) Recklessness on the part of the Licensee
				or Registrant in designing, planning or observing the construction or
				alteration of a project or building (see
				55:10-15-6);
(8) Dishonest practice (see
				55:10-15-7);
(9) Failure to maintain a License or
				Registration in good standing in one additional jurisdiction for reciprocal
				Licensees or Registrants;
(10) Loss
				of NCARB, CLARB or CIDQ certification for reciprocal Licensees or Registrants
				based on cause;
(11) Nonpayment of
				fees, penalties, failure to complete continuing education requirements, when
				applicable, or failure to file acceptable and properly completed required
				documents with the Board will result in automatic revocation;
(12) Unauthorized or misuse of seal which
				shall include sealing, dating and signing any or all documents not prepared
				under a Licensee or Registrant. Prototype plans are an exception to this rule
				as noted in OAC
				55:10-11-9(e)
				(f).
(13) Aiding and/or abetting
				unlicensed practice of architecture or landscape architecture.
(14) Sealing, signing and/or dating plans
				and/or specifications not prepared in accordance with the Act and/or these
				Rules.
(15) Submitting false or
				forged evidence or documents to the Board or in the practice of architecture or
				landscape architecture.
(16)
				Presenting the License or Registration of another as the individual's or
				Entity's own.
(17) Concealing
				information relative to any violation of the Act or the Board's
				Rules.
(18) Inappropriate behavior
				on the part of an Applicant during the examination period.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07; Amended at 26 Ok Reg 771, eff
				  4-27-09
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-3 - Additional penalties for violations

Current through Vol. 41, No. 20, July 1, 2024
Investigation costs incurred by the Board, including
				  reasonable attorney fees to prosecute the case, may be levied by the Board
				  separately or in addition to civil or any other penalties determined by the
				  Board. The Board may seek criminal and injunctive relief through the courts for
				  any violation of the Act, Rules in this Chapter, regulation, or to enforce any
				  order issued by the Board.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-4 - Fraud or misrepresentation

Current through Vol. 41, No. 20, July 1, 2024
Any Architect, Landscape Architect, Registered Commercial
				  Interior Designer, Entity or any other party who shall make oral or written
				  fraudulent, false or misleading statements on any document, report, statement,
				  examination, investigation, plans or specifications shall, upon conviction, be
				  deemed guilty of fraud or misrepresentation. Fraud shall include copying any
				  documents from an employer without specific written
				  authorization.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff 5-11-07; Amended at 29 Ok Reg
				  921, eff 7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-5 - Gross incompetence

Current through Vol. 41, No. 20, July 1, 2024
The Board expects each Licensee, Registrant, or Entity to
				  undertake only those professional assignments they are qualified, competent,
				  and lawfully authorized to perform. The following practices, among others, may
				  be deemed gross incompetence:
(1)
				Failure to use due diligence and proper restraint in planning and observation
				procedures, thus endangering the safety and welfare of the public.
(2) Failure to engage other licensed design
				professionals, competent and authorized through this or other Oklahoma statutes
				to practice in related planning disciplines, when the Architect, Landscape
				Architect, or Registered Commercial Interior Designer is otherwise responsible
				for obvious technical or tactical error jeopardizing the success or safety of
				the project, the public, the client and/or contractor.
(3) Failure to clearly, accurately and
				completely develop plans, drawings, specifications and other instruments of
				service in practice that properly qualify the requirements intended and insure
				against misunderstandings jeopardizing the client and/or contractor.
(4) Failure to use diligence and available
				counsel in preparing documents for the protection of a client in construction
				agreements involving the Licensee's or Registrant's responsibility.
(5) Practicing architecture or landscape
				architecture while mentally impaired.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-6 - Recklessness

Current through Vol. 41, No. 20, July 1, 2024
(a) The Architect, Landscape Architect, or
				Registered Commercial Interior Designer is responsible for technical and
				tactical judgments relating to construction materials, techniques and systems
				processes. Their education, training and experience should enable them to make
				such determinations with confidence in a successful result.
(b) The Board expects of its Licensees,
				Registrants, Entities or individuals representing same, prudent and deliberate
				consideration in such decisions, made only after responsible and thorough
				investigation, research and when necessary, expert advice and
				assistance.
(c) When the result
				anticipated in such decisions is not reasonably predictable, each Licensee,
				Registrant, Entity or individual representing same, is expected to so advise
				the client, fully disclosing the implications involved.
(d) When such decisions promote procedures,
				techniques, materials, systems, etc., unfamiliar to the planning and/or
				building team involved, the Licensee, Registrant, Entity or individual
				representing same, is expected to exercise extraordinary care and attention to
				the process, ensuring as best they can the result sought.
(e) If, in the judgment of the Board, a
				Licensee, Registrant, Entity or individual representing same, does not
				demonstrate concern, attention and involvement stated in this Section, and
				failure to do so brings jeopardy to the project, public or client, the Board
				may deem such neglect to be recklessness.
(f) A Licensee or Entity shall not aid or
				abet any unlicensed party in practicing architecture or landscape architecture.
				Aiding and abetting shall include furnishing limited services in such a manner
				as to enable owners or unlicensed parties to evade the requirements of the Act
				or Rules in this Chapter. Incomplete plans shall be clearly marked as
				incomplete and not for construction if services are terminated during the
				contract.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-7 - Dishonest practice

Current through Vol. 41, No. 20, July 1, 2024
The following practices, among others, may be deemed
				  dishonest practice:
(1) Acts which
				evidence violation, or attempts to violate, any laws or Rules of this or any
				other state relating to licensing or the practice architecture or landscape
				architecture.
(2) Acts which
				evidence disregard or neglect in complying with regulations, codes, ordinances
				and recognized standards regulating construction at the place of
				building.
(3) Acts which evidence
				attempts through commission or omission, to mislead or defraud any
				party.
(4) Acts which evidence
				attempts or success in efforts violating Rules in this Chapter regarding the
				use of an Architect's, Landscape Architect's, or Registered Commercial Interior
				Designer's seal, signature and date.
(5) Acts which evidence attempts or success
				in efforts to bribe any party, who may influence the selection of any
				Architect, Landscape Architect, Registered Commercial Interior Designer, or
				Entity. Kickbacks, donations, or forgiveness offered or paid to gain improper
				advantage in selection will be considered bribes.
(6) Acts which evidence attempts or success
				to conceal a Licensee's, Registrant's or Entity's interests in conflict with
				responsibilities of service to a client.
(7) Acts which evidence improper partiality
				as arbiter or interpreter in matters relating to client/contractor agreements
				resulting in or from unauthorized waivers, deviations, or disregard of
				provisions in such agreements.
(8)
				Acts evidenced by exaggerated, misleading, deceptive or false statements or
				claims about professional qualifications.
(9) Falsifying any documents submitted to the
				Board or required to be kept by the Licensee, Registrant, Entity or generated
				in the practice of architecture or landscape architecture.
(10) Copying any documents or programs from
				the employer's files in violation of federal or state law.
(11) Submitting forged documents or evidence
				to the Board.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-8 - Duty to refer alleged violations to Secretary-Treasurer

Current through Vol. 41, No. 20, July 1, 2024
When information comes to the Board or its employees
				  concerning alleged violations of the Act or these Rules, whether through formal
				  or informal channels or by reason of other information, it shall be the duty of
				  such body or individual to refer such information to the
				  Secretary-Treasurer.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-9 - Filing a complaint; forms and evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
				When filing a formal complaint, the party shall document the allegations with
				evidence available and shall submit it to the Board. The Board Investigator
				shall make appropriate inquiry to verify such information, including retaining
				the services of expert witnesses, if necessary, and shall present the findings
				to the Investigation Committee, including, but not limited to, the
				Secretary-Treasurer and the Executive Director of the Board.
(b) A Board member shall not discuss with any
				individual, any facts or circumstances concerning any investigation or formal
				complaint prior to holding a formal hearing, except in a Board meeting or with
				the Board's attorney.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff 5-11-07; Amended at 29 Ok Reg
				  921, eff 7-1-12
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-10 - Informal resolution

Current through Vol. 41, No. 20, July 1, 2024
Those matters in which informal resolution is sought may be
				  referred to the investigative committee or terminated as provided in OAC
				  55:10-15-9.
				  Any final disposition of a violation by the Secretary-Treasurer must be
				  reported to and approved by the Board.
Amended at 26 Ok Reg
				  771, eff 4-27-09
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-11 - Investigation committee

Current through Vol. 41, No. 20, July 1, 2024
(a)
Appointment; officers.
The investigation committee, appointed by
				the Chair, shall investigate such cases referred to it. The committee shall be
				appointed for terms as designated by the Chair. At least a majority of the
				members of the committee shall be licensed or registered and in good standing
				with the Board. The Board shall designate one member Chair whose duty it shall
				be to conduct meetings of the committee, administer its activities and perform
				such other duties as are assigned by the Board.
(b)
Duties.
(1) It shall be the duty of the investigation
				committee, upon request from the Secretary-Treasurer of the Board, to
				investigate to determine whether there exists probable cause to believe a
				violation has occurred as to justify formal or civil proceedings. The
				investigation shall be conducted with reasonable dispatch. The committee may or
				may not, in its sole discretion, afford the accused party involved an
				opportunity to be heard in the course of preliminary investigation.
(2) Before a report adverse to the accused
				party is made, the investigation committee may or may not, in its sole
				discretion, notify him/her or it in writing of the complaint and allow not less
				than ten (10) days to reply in writing. At this level of the proceedings the
				accused party shall not be entitled to a hearing before the investigative
				committee as a matter of right, but may submit, in writing, a response for
				consideration by the investigative committee.
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-12 - Investigation report and recommendations

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director shall forward the investigation
				  committee's report to legal counsel for the Board who shall proceed with the
				  recommendations contained therein, provided such recommended action conforms to
				  law or established policy of the Board and is supportable based upon evidence.
				  Civil or formal proceedings will not be instituted unless the investigation
				  committee is agreed upon such action or unless ordered by the Board based upon
				  review of the recommendations of the investigation committee and counsel of the
				  Board. If formal charges are proposed without using the investigation
				  committee, those charges shall be approved by the Secretary-Treasurer and the
				  Executive Director before sent out by Counsel.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg
				  815, eff 5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-13 - Investigator

Current through Vol. 41, No. 20, July 1, 2024
Investigations may, at the discretion of the
				  Secretary-Treasurer, be assigned to individual investigators who are employed
				  or retained on a full or part-time basis by the Board for such
				  purpose.
Amended at 24 Ok Reg
				  815, eff 5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-14 - Civil and formal proceedings

Current through Vol. 41, No. 20, July 1, 2024
Civil or formal proceedings in matters involving violations
				  shall be brought by Counsel or the Secretary-Treasurer of the Board based upon
				  recommendation of the investigative committee, investigator, or when ordered by
				  the Board. The formal complaint shall be signed by Counsel to the Board and/or
				  Executive Director and shall include a concise statement of the allegations and
				  particular sections of statutes and Rules in this Chapter
				  involved.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-15 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
(1) The Board shall set a time and place for
				the hearing of charge, provided that such hearing shall not be set less than
				twenty (20) days from mailing of notice of the proceeding to the last known
				address of the accused party according to Board records or
				information.
(2) Such notice shall
				include a copy of the charge, a statement of the time, place and nature of the
				hearing, a statement of the legal authority and jurisdiction under which the
				hearing is held; of the matters asserted or issues involved. At any hearing,
				interested parties shall be afforded the opportunity to respond, present
				evidence, and argue on all issues involved.
(3) Unless precluded by law, informal
				disposition may be made of any proceeding by stipulation, agreed settlement,
				consent order, or default.
(4) At
				any hearing, the party charged with misconduct or violation of the Act or Rules
				shall enjoy the following rights:
(A) against
				self-incrimination in testimony before the Board. However, any previous
				testimony before a court or inquiry of public record may be used in evidence;
				and
(B) of confidential
				communication with a spouse, attorney, clergyman, priest and/or physician;
				and
(C) of withholding such other
				records and files of any official or agency of any state or of the United
				States which, by any statute of such state or of the United States, are made
				confidential or privileged; and
(D)
				of cross examination; and
(E) of
				counsel.
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-16 - Hearing disqualification procedures

Current through Vol. 41, No. 20, July 1, 2024
A hearing examiner or any Board member shall withdraw from
				  any proceeding in which they cannot afford a fair and impartial hearing or
				  consideration. Any party may request such disqualification by filing an
				  affidavit, promptly upon discovery of the alleged disqualification, stating the
				  particular grounds for objection. The issue shall be referred to the Board to
				  be determined promptly by the Board or the remaining members thereof and upon
				  disqualification the Board shall assign another hearing examiner and if
				  necessary, as provided by 75 O.S., Section 316, seek appointment of an
				  additional member or members pro-tem.
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-17 - Powers of hearing authority

Current through Vol. 41, No. 20, July 1, 2024
A hearing authority shall require the furnishings of
				  information; the attendance of witnesses; and the production of books, records,
				  papers or other objects as may be necessary and proper for the purposes of the
				  hearing. Any party to a proceeding may take depositions of witnesses in the
				  same manner as provided by law in any civil actions before courts of record and
				  such depositions may be admitted into evidence subject to the right of
				  objection at the time of hearing in accordance with the law.
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-18 - Findings of the Board and penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may
				find:
(1) The charges are dismissed for
				insufficient evidence;
(2) The
				charges are dismissed without prejudice;
(3) The charges are dismissed with
				prejudice;
(4) The defendant is
				found not guilty;
(5) The defendant
				is found guilty;
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-19 - Notice of formal complaint and hearing

Current through Vol. 41, No. 20, July 1, 2024
A formal notice of complaint and hearing will be served upon
				  the Respondent and an opportunity will be afforded to each party adversely
				  affected to file exceptions and present briefs and oral argument to the Board.
				  The formal notice shall be accompanied by statements of the reasons and of each
				  issue of fact or law necessary to the proposed order, prepared by the Board's
				  counsel. The parties may, by written stipulation waive compliance with this
				  Section.
Amended at 16 Ok Reg
				  1333, eff 5-27-99; Amended at 24 Ok Reg 815, eff
				  5-11-07
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-20 - Issuing of orders

Current through Vol. 41, No. 20, July 1, 2024
All orders, whether proposed or final, shall be issued
				  within one hundred twenty (120) days of a hearing. Final orders shall be
				  effective upon signing by the Chair or presiding officer of the
				  Board.
Oklahoma Administrative Code › Title 55 - The Board of Governors of the Licensed Architects, Landscape Architects and Registered Commercial Interior Designers of Oklahoma › Chapter 10 - Licensure and Practice of Architects, Landscape Architects and Registration of Commercial Interior Designers › Subchapter 15 - Violations › Section 55:10-15-21 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
A final order adverse to a party in a proceeding shall be in
				  writing, as stated in the record. A final order shall include findings of fact
				  and conclusions of law, separately stated. Findings of fact, if set forth in
				  statutory language, shall be accompanied by a concise and explicit statement of
				  the underlying facts supporting the findings. A copy of the final order shall
				  be delivered or mailed to each party and to the attorney of
				  record.
Amended at 24 Ok Reg
				  815, eff 5-11-07