reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-04 - Practice in the Public Interest › Section 8-02-04-01 - Practice in the public interest

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall always practice
				  with the health, safety, and welfare interests of the public taking precedence
				  over all other considerations.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-04 - Practice in the Public Interest › Section 8-02-04-02 - Responsibility to clients

Current through Supplement No. 393, July, 2024
Drawings and other instruments of service shall be clear,
				  accurate, and complete for the purpose intended, namely, to provide the client
				  the information required in making a decision. Indefinite, ambiguous, or
				  incomplete drawings and specifications, particularly those intended for use as
				  construction documents, are unfair to all persons concerned and detrimental to
				  the public and to the profession. Such practice may be considered a justifiable
				  cause for suspension or revocation of registration.
General Authority:
NDCC
				  43-03-08
Law Implemented:
NDCC
				  43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-04 - Practice in the Public Interest › Section 8-02-04-03 - Due care

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall exercise due care
				  and diligence in all aspects of the architect's or landscape architect's
				  practice in order to safeguard the client and the public insofar as possible
				  against inconvenience or loss due to errors or omissions. An architect or
				  landscape architect shall at all times maintain close control over all services
				  for which the architect or landscape architect is contractually responsible,
				  including those assigned to consultants.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-02 - Practice of Architecture › Chapter 8-02-04 - Practice in the Public Interest › Section 8-02-04-04 - Limitations of practice - Use of consultants

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall assume only those
				  duties and responsibilities which are normally considered as architectural or
				  landscape architectural services, and shall not offer or perform services which
				  are normally, and by law, required to be performed by other professions. An
				  architect or landscape architect is expected to employ consultants for any
				  services when, in the architect's or landscape architect's judgment, they will
				  be performed more competently by consultants, and it is in the client's and the
				  public's interests. An architect or landscape architect also shall be expected
				  to exercise careful judgment in the architect's or landscape architect's
				  selection of consultants, in order to provide the best possible services, for
				  which the architect or landscape architect will be held responsible.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-01 - Individual Responsibility › Section 8-03-01-01 - Registration granted to individuals

Current through Supplement No. 393, July, 2024
Under North Dakota Century Code chapter
				  43-03, registration is granted to a
				  person. Accordingly, registration cannot be granted to a firm, corporation, or
				  other entity.
General Authority:
NDCC
				  43-03-08
Law Implemented:
NDCC
				  43-03-09
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-01 - Individual Responsibility › Section 8-03-01-02 - Requirements for practice by firms

Current through Supplement No. 393, July, 2024
In any firm, control of the firm's architectural or landscape
				  architectural practice shall be always the sole responsibility of the architect
				  or landscape architect principals, in order for the firm to legally perform
				  architectural or landscape architectural services or offer them to the public.
				  Similarly, membership in a firm shall in no way be permitted to remove, or
				  reduce, an architect's or landscape architect's responsibilities to the public,
				  as an individual registered to practice architecture or landscape architecture.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08, 43-03-10
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-01 - Individual Responsibility › Section 8-03-01-03 - Prohibited types of firms

Current through Supplement No. 393, July, 2024
Any firm in which the control is vested in persons who are
				  not registered as architects or landscape architects, or in which control can
				  be transferred to unregistered persons, is prohibited from practicing, or
				  offering to practice, architecture or landscape architecture in North Dakota.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08, 43-03-10
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-02 - Partnerships › Section 8-03-02-01 - Architect or landscape architect partners

Current through Supplement No. 393, July, 2024
In a partnership of architects or landscape architects, each
				  partner shall be registered, in accordance with North Dakota Century Code
				  section 43-03-10.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-10
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-02 - Partnerships › Section 8-03-02-02 - Other professions

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall not enter into a
				  partnership with persons of other professions, unless such persons are
				  registered in North Dakota in their respective professions.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-10
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-02 - Partnerships › Section 8-03-02-03 - Practice requirements

Current through Supplement No. 393, July, 2024
In a partnership of architects or landscape architects and
				  other professionals, responsibility and control of practice in the separate
				  professions shall rest with the individuals so registered, and no partner shall
				  practice, or offer to practice, the other, unless the partner also is
				  registered in the other profession.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-03 - Professional Corporations › Section 8-03-03-01 - Purpose

Current through Supplement No. 393, July, 2024
Under North Dakota Century Code chapter
				  10-31, incorporation of architects,
				  and architects or landscape architects and other professionals in joint
				  practice, is authorized. The law provides safeguards against control of
				  practice by nonregistrants, while permitting practitioners the advantages of
				  incorporation.
General Authority: NDCC 43-03-08 Law
Implemented: NDCC 10-31-04, 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-03 - Professional Corporations › Section 8-03-03-02 - Other states

Current through Supplement No. 393, July, 2024
Architects registered in other states or jurisdictions which
				  prescribe different regulations for corporate firms will be required by the
				  board to practice as individuals in order to be registered in North Dakota. See
				   article 8-04.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-04 - Business Corporations › Section 8-03-04-01 - Business corporations

Current through Supplement No. 393, July, 2024
Business corporations, and any other form of incorporation
				  which does not require that control rest exclusively with the architect or
				  landscape architect, are not permitted to engage in the practice of
				  architecture or landscape architecture in North Dakota.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 10-31-04,
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-04 - Business Corporations › Section 8-03-04-02 - Other states

Current through Supplement No. 393, July, 2024
Architects or landscape architects registered in other states
				  or jurisdictions in which incorporation meeting the basic requirements of North
				  Dakota Century Code chapter
				  10-31 is unavailable to them will
				  be required by the board to practice as individuals in order to be registered
				  in North Dakota. See  article 8-04.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-05 - Other Group Practice › Section 8-03-05-01 - Types permitted

Current through Supplement No. 393, July, 2024
Any type of group practice, or firm, that ensures that
				  architectural or landscape architectural services will be offered to, and
				  performed for, the public by and under the control of architects or landscape
				  architects, is permitted. Such forms of firm, or group practice, as joint
				  ventures, associations, or other entities, whether formal or informal,
				  permanent or temporary, are permitted whenever the provisions of this title or
				  of North Dakota Century Code chapter
				  43-03 are not violated.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-06 - Responsible Control › Section 8-03-06-01 - Responsible control

Current through Supplement No. 393, July, 2024
In accordance with the concept in the law that architecture
				  or landscape architecture is a personal service to the public, the board
				  supports any architectural practice within any legal structure as long as the
				  corporate structure and operating agreements reflect that an architect retains
				  responsible and complete control and individual responsibility for performing
				  architectural services. Within any legal structure or operating agreements the
				  architect performing or in responsible control of the professional services
				  must be identified and that corporate structure and operating agreements must
				  not be used to shield unlicensed practice.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-03 - Partnerships, Corporations, Group Practice › Chapter 8-03-07 - Disclosure › Section 8-03-07-01 - When required

Current through Supplement No. 393, July, 2024
The board may require as a condition to registration the
				  disclosure by any applicant of the applicant's employment by, or affiliation
				  with, a firm, in order to establish facts of ownership, control, and practice.
				  Disclosure may also be required as a condition to renewal of registration, and
				  shall also require the applicant to state under oath whether the applicant has
				  practiced architecture or landscape architecture in North Dakota during the
				  period since such registration was revoked.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08, 43-03-11, 43-03-13, 43-03-15
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-01 - Qualifications › Section 8-04-01-01 - Statutory qualifications

Current through Supplement No. 393, July, 2024
North Dakota Century Code section
				  43-03-13 states requirements as to
				  age, character, examination, experience, and training for all applicants for
				  registration.
General Authority:
NDCC
				  43-03-08
Law Implemented:
NDCC
				  43-03-13
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-01 - Qualifications › Section 8-04-01-02 - Adoption of NCARB standards

Current through Supplement No. 393, July, 2024
The current standards for qualification for architects on the
				  basis of education and experience, as adopted by the national council of
				  architectural registration boards, shall be considered as the qualifications
				  for registration for architects in North Dakota, except as amended in this
				  chapter.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-13
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-01 - Qualifications › Section 8-04-01-03 - NCARB record

Current through Supplement No. 393, July, 2024
An architectural applicant is required to show evidence of
				  the applicant's qualifications for either examination, or registration, by
				  having NCARB compile a council record and having NCARB furnish such record to
				  the board. The board may require such additional information, or the
				  architectural applicant's appearance before the board, as necessary to clearly
				  establish the architectural applicant's eligibility for examination or
				  registration.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08, 43-03-13
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-01 - Qualifications › Section 8-04-01-04 - Adoption of CLARB standards

Current through Supplement No. 393, July, 2024
Beginning January 1, 2005, the standards for qualification
				  for landscape architects on the basis of education, training, and experience
				  are the requirements established by the most recent CLARB standards of
				  eligibility.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-01 - Qualifications › Section 8-04-01-05 - CLARB record

Current through Supplement No. 393, July, 2024
A landscape architectural applicant is required to show
				  evidence of the applicant's qualifications for either examination or
				  registration by having CLARB furnish such record to the board.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-02 - Applications › Section 8-04-02-01 - Application for architectural examination

Current through Supplement No. 393, July, 2024
Architectural candidates for examination shall apply to the
				  national council of architectural registration boards, requesting the council's
				  North Dakota application form and instructions for preparation of a council
				  record. The appropriate fees, including the statutory fee for examination and
				  registration, together with additional fees charged by the council payable to
				  the national council of architectural registration boards, and to the board,
				  shall accompany this application. The national council of architectural
				  registration boards will notify the architectural applicant of the applicant's
				  eligibility to be admitted to the examinations, after evaluating the
				  applicant's record. The architectural applicant shall remit to the national
				  council of architectural registration boards an additional fee for preparation
				  of the record, if applicable.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-02 - Applications › Section 8-04-02-02 - Application for registration by NCARB certificate holders

Current through Supplement No. 393, July, 2024
Architectural applicants must hold the national council of
				  architectural registration boards certification as a prerequisite for
				  registration. An architectural applicant for registration shall apply to the
				  national council of architectural registration boards, requesting transmittal
				  of the applicant's council record to the board. The appropriate fees, including
				  the statutory fee for examination and registration, together with additional
				  fees charged by the council payable to the national council of architectural
				  registration boards shall accompany the application. An architectural applicant
				  shall pay any additional fees required by the national council of architectural
				  registration boards for such purposes as updating of records, or reinstatement
				  of lapsed certification, if applicable.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-02 - Applications › Section 8-04-02-03 - Applicants not holding NCARB certification

Current through Supplement No. 393, July, 2024
Architectural applicants who do not hold the national council
				  of architectural registration boards certification shall be required to obtain
				  certification in order to be registered in North Dakota. The procedure shall be
				  similar to that for an architectural applicant for examination, except that, in
				  many instances, an examination will not be necessary in order to establish
				  certification.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-02 - Applications › Section 8-04-02-04 - Application for landscape architectural examination

Current through Supplement No. 393, July, 2024
Candidates for landscape architectural examination shall
				  submit an application to the board and include a council record provided
				  through the council of landscape architectural registration boards. If the
				  landscape architectural applicant has not passed the licensure examination, the
				  applicant shall apply to the council of landscape architectural registration
				  boards to complete the examination process.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-03 - Reciprocal Registration › Section 8-04-03-01 - Prerequisite NCARB certification

Current through Supplement No. 393, July, 2024
An architect applicant desiring registration by reciprocity
				  shall hold the national council of architectural registration boards
				  certification in addition to registration in the applicant's home state or
				  other jurisdiction. Both registration and certification shall be current, in
				  good standing, and verified by the architect applicant's council record. The
				  architect applicant shall apply to the council, following the procedures
				  outlined in  chapter 8-04-02 and paying the required fees.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-15
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-03 - Reciprocal Registration › Section 8-04-03-02 - Prerequisite CLARB certification

Current through Supplement No. 393, July, 2024
A landscape architect applicant who is licensed in another
				  jurisdiction shall submit a landscape architect application to the board. Such
				  landscape architect application shall include a council certificate furnished
				  by CLARB and include the required application fee.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08,
					 43-03-15
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-04 - Renewal › Section 8-04-04-01 - Biennial renewal

Current through Supplement No. 393, July, 2024
Registration shall be renewed biennially upon payment by the
				  registrant of a fee set by the board not to exceed the limit as established by
				  North Dakota Century Code section
				  43-03-18. The renewal date is July
				  first of odd-numbered years.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-17,
					 43-03-18
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-04 - Renewal › Section 8-04-04-02 - Notice to registrant

Current through Supplement No. 393, July, 2024
The executive director shall notify a registrant by mail at
				  least sixty days prior to the date of renewal. The notice shall be directed to
				  the last-known address of the registrant. Revocation of registration for
				  nonpayment of fees shall not be carried out unless the registrant has received
				  a followup notification by certified mail.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-19
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-05 - Denial or Revocation › Section 8-04-05-01 - Causes for denial

Current through Supplement No. 393, July, 2024
The board may deny registration to an applicant for failure
				  to meet the qualifications, as stated in North Dakota Century Code section
				  43-03-13, for failure to pay the
				  required fees, for failure to provide required information, or for violation of
				  any of the provisions of this title.
General Authority:
NDCC
				  43-03-08
Law Implemented:
NDCC
				  43-03-13
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-05 - Denial or Revocation › Section 8-04-05-02 - Causes for revocation

Current through Supplement No. 393, July, 2024
The board may, upon notice and hearing, revoke the
				  registration of an architect or landscape architect for the causes stated in
				  North Dakota Century Code sections
				  43-03-19 and
				  43-03-20.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-19, 43-03-20
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-05 - Denial or Revocation › Section 8-04-05-03 - Charges or complaints - Procedure

Current through Supplement No. 393, July, 2024
A member of the board, a practitioner, or the public may file
				  a complaint or charge regarding practice of architecture or landscape
				  architecture in North Dakota. In each instance, the board shall proceed as
				  follows:
1. All charges or complaints
				alleging or implying violations of law or of the provisions of this title shall
				be referred to the board's counsel, with instructions to investigate.
				Typically, such investigation will include a request by letter for information,
				addressed to the person or persons accused, with copies to all members. Upon
				receipt of a reply, the board's counsel will recommend to the board what
				action, if any, the board should take.
2. Charges or complaints of a minor or
				routine nature may, at the discretion of the board, be assigned to the
				secretary. Typically, such assignment will be a written inquiry, explanation,
				or warning to the person or persons accused, with copies of all correspondence
				to the other members.
3. Any
				person against whom charges or complaints of a serious nature, in the opinion
				of counsel, are filed shall be properly notified by the board or its counsel as
				to the nature of the allegations, the person's legal rights. including right to
				a hearing before the board, and upon resolution of the matter, any action on,
				or dismissal of, the charges or complaints.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08, 43-03-20
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-05 - Denial or Revocation › Section 8-04-05-04 - Suspension

Current through Supplement No. 393, July, 2024
Whenever the board has the power to revoke registration, it
				  may, in lieu thereof and in its sole discretion, suspend registration for a
				  period of time not to exceed one year.
General Authority:
NDCC
				  43-03-08
Law Implemented:
NDCC
				  43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-06 - Reinstatement › Section 8-04-06-01 - Lapsed registration

Current through Supplement No. 393, July, 2024
A former registrant who applies for renewal less than one
				  year after the registrant's registration has lapsed due to failure to renew
				  may, at the board's discretion, be reinstated upon payment of the renewal fee
				  plus a reinstatement fee of one hundred dollars, and the disclosure required
				  under section 8-03-07-01.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-04 - Registration › Chapter 8-04-06 - Reinstatement › Section 8-04-06-02 - Registration revoked for other cause

Current through Supplement No. 393, July, 2024
A former registrant whose registration has been revoked for
				  causes other than failure to renew may, at the board's discretion, be granted
				  reinstatement upon evidence satisfactory to the board that the registrant will
				  practice in a lawful and ethical manner.
General Authority:
NDCC
				  43-03-08
Law Implemented:
NDCC
				  43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-05 - Examinations › Chapter 8-05-01 - Examination Required for Registration › Section 8-05-01-01 - Statutory requirements

Current through Supplement No. 393, July, 2024
In accordance with North Dakota Century Code section
				  43-03-14, an applicant for
				  registration shall pass an examination in such technical and professional
				  courses as are established by the board, and shall pay the fees required by
				  North Dakota Century Code section
				  43-03-11.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-11,
					 43-03-14
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-05 - Examinations › Chapter 8-05-01 - Examination Required for Registration › Section 8-05-01-02 - Requirements for NCARB certification

Current through Supplement No. 393, July, 2024
The board shall not require an architect whose original
				  registration in North Dakota was granted prior to adoption of the requirement
				  for the national council of architectural registration boards certification to
				  be reexamined or to qualify for such certification as a condition for renewal
				  of the architect's registration.
General Authority:
NDCC
				  43-03-08
Law Implemented:
NDCC
				  43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-05 - Examinations › Chapter 8-05-02 - Requirements for Admission to Examinations › Section 8-05-02-01 - Architect - General

Current through Supplement No. 393, July, 2024
An applicant for registration as an architect may be admitted
				  to the examinations upon evidence that the applicant's education and experience
				  meets the standards established by the national council of architectural
				  registration boards, which are adopted by the board in accordance with North
				  Dakota Century Code section
				  43-03-13. Such evidence shall be
				  established by the applicant's council record.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-13
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-05 - Examinations › Chapter 8-05-02 - Requirements for Admission to Examinations › Section 8-05-02-04 - Landscape architect - General

Current through Supplement No. 393, July, 2024
An applicant for registration as a landscape architect may be
				  admitted to the examination upon evidence that the applicant's education and
				  experience meets the current standards established by the council of landscape
				  architectural registration boards, which are hereby adopted by the board in
				  accordance with North Dakota Century Code  chapter 43-03-13. Such evidence shall
				  be established by the applicant's council record.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-13
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-05 - Examinations › Chapter 8-05-02 - Requirements for Admission to Examinations › Section 8-05-02-05 - Requirements for CLARB certification

Current through Supplement No. 393, July, 2024
The board shall not require a landscape architect whose
				  original registration in North Dakota was granted prior to adoption of the
				  requirements of the council of landscape architectural registration boards
				  certification to be reexamined or to qualify for such certification as a
				  condition for renewal of the person's registration.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-13
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-05 - Examinations › Chapter 8-05-03 - Ncarb and Clarb Uniform Examinations › Section 8-05-03-01 - Purpose

Current through Supplement No. 393, July, 2024
The uniform examinations prepared by the national council of
				  architectural registration boards and the council of landscape architectural
				  registration boards, which have been adopted by the board, have as their
				  purpose the establishment of uniform standards of qualification for
				  registration in all states and jurisdictions in order to unify reciprocal
				  procedures.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-14
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-06 - Miscellaneous Provisions › Chapter 8-06-01 - Architect's or Landscape's Architect's Stamp › Section 8-06-01-01 - Issuance and use

Current through Supplement No. 393, July, 2024
At the time of the issuance of the certification of
				  registration, the board shall require the certificate holder to acquire, at the
				  certificate holder's expense, a stamp or indicia to be used by the certificate
				  holder in the conduct of the certificate holder's practice and to be impressed
				  upon drawings, plans, and other documents prepared by the certificate holder.
				  The board shall adopt rules governing the technical requirements of such stamp
				  and indicia and the certificate holder's signature.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-22
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-06 - Miscellaneous Provisions › Chapter 8-06-01 - Architect's or Landscape's Architect's Stamp › Section 8-06-01-02 - Design of stamp

Current through Supplement No. 393, July, 2024
1. Each licensed architect's or landscape
				architect's stamp shall be no less than one and one-half inches and no more
				than two inches in diameter. It shall contain the name of the licensed
				architect or landscape architect; the individual's license number, the word
				"DATE: / / and the words "LICENSED ARCHITECT - STATE OF NORTH DAKOTA" or
				"LICENSED LANDSCAPE ARCHITECT - STATE OF NORTH DAKOTA" as appropriate. This
				stamp shall be as per the format below:
Click here to view
				  image.
The stamp designed and adopted by the board in the rules and
				  regulations dated __________, as it appears below, will be accepted for persons
				  licensed prior to the effective date of those rules.
Click here
				  to view image.
2. The format of the stamp may be a rubber
				stamp, an embosser, or a digital image.
3. Each licensee is responsible for procuring
				the licensee's own stamp.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-22
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-06 - Miscellaneous Provisions › Chapter 8-06-01 - Architect's or Landscape's Architect's Stamp › Section 8-06-01-03 - Use of the stamp

Current through Supplement No. 393, July, 2024
1. The stamp shall be imprinted on all
				documents prepared by the licensed architect or landscape architect to be used
				for construction or technical submissions whether the project or building type
				is exempt or not exempt under North Dakota statutes.
2. Documents to be used for construction
				shall be imprinted as follows:
a. On each
				final drawing sheet; and
b. On the
				cover, title, certification, or index page or each set of the project manual or
				specifications.
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-01 - Competence › Section 8-07-01-01 - Standard of care and competence

Current through Supplement No. 393, July, 2024
In engaging in the practice of architecture or landscape
				  architecture, a registered architect or landscape architect shall act with
				  reasonable care and competence and shall apply the technical knowledge and
				  skill which are ordinarily applied by registered architects or landscape
				  architects of good standing practicing in the same locality.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-01 - Competence › Section 8-07-01-02 - Compliance with applicable laws and regulations

Current through Supplement No. 393, July, 2024
In designing a project, a registered architect or landscape
				  architect shall take into account all applicable state and municipal building
				  laws and regulations. While a registered architect or landscape architect may
				  rely on the advice of other professionals, (e.g., attorneys, engineers and
				  other qualified persons) as to the intent and meaning of such regulations, once
				  having obtained such advice, a registered architect or landscape architect
				  shall not knowingly design a project in violation of such laws and regulations.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-01 - Competence › Section 8-07-01-03 - When professional services may be performed

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect shall undertake
				  to perform professional services only when the architect or landscape
				  architect, together with those whom the registered architect or landscape
				  architect may engage as consultants, is qualified by education and experience
				  in the specific technical areas involved.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-02 - Conflict of Interest › Section 8-07-02-01 - Compensation from more than one party prohibited

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect shall not
				  accept compensation for services from more than one party on a project unless
				  the circumstances are fully disclosed to and agreed to in writing by all
				  interested parties.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-02 - Conflict of Interest › Section 8-07-02-02 - Disclosure of interest required

Current through Supplement No. 393, July, 2024
If a registered architect or landscape architect has any
				  business association or direct or indirect financial interest which is
				  substantial enough to influence the person's judgment in connection with the
				  performance of professional services the registered architect or landscape
				  architect shall fully disclose in writing to the person's client or employer,
				  or both, the nature of the business association or financial interest. If the
				  client or employer objects to such association or financial interest, the
				  registered architect or landscape architect shall either terminate such
				  association or interest or offer to give up the commission or employment.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-02 - Conflict of Interest › Section 8-07-02-03 - Compensation for specifying or endorsing products prohibited

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect shall not
				  solicit or accept compensation from material or equipment suppliers in return
				  for specifying or endorsing their products.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-02 - Conflict of Interest › Section 8-07-02-04 - Impartiality in interpreting documents required

Current through Supplement No. 393, July, 2024
When acting as the interpreter of building contract documents
				  and the judge of contract performance, a registered architect shall render
				  decisions impartially, favoring neither party to the contract.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-03 - Full Disclosure › Section 8-07-03-01 - Disclosure of compensation for public statements

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect, making public
				  statements on architectural or landscape architectural questions, shall
				  disclose when the person is being compensated for making such statements.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-03 - Full Disclosure › Section 8-07-03-02 - Accurate representation of qualifications and responsibility

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect shall
				  accurately represent to a prospective or existing client or employer the
				  person's qualifications and the scope of the person's responsibility in
				  connection with work for which the person is claiming credit.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-03 - Full Disclosure › Section 8-07-03-03 - Duties regarding known code violations

Current through Supplement No. 393, July, 2024
If, in the course of work on a project, a registered
				  architect or landscape architect becomes aware of a decision taken by the
				  person's employer or client, against such registered architect's or landscape
				  architect's advice, which violates applicable state or municipal building laws
				  and regulations and which will, in the registered architect's or landscape
				  architect's judgment, materially and adversely affect the safety to the public
				  of the finished project, the registered architect or landscape architect shall:
1. Report the decision to the local
				building inspector or other public official charged with the enforcement of the
				applicable state or municipal building laws and regulations;
2. Refuse to consent to the decision; and
3. When the registered architect
				or landscape architect reasonably believes that other such decisions will be
				taken, notwithstanding the person's objection, terminate the person's services
				with respect to the project.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-03 - Full Disclosure › Section 8-07-03-04 - Deliberate false statements prohibited

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect shall not
				  deliberately make a materially false statement or fail deliberately to disclose
				  a material fact requested in connection with the person's application for a
				  registration or renewal thereof.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-03 - Full Disclosure › Section 8-07-03-05 - Assistance to unqualified applicant prohibited

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect shall not
				  assist the application for registration of an individual known by the
				  registered architect or landscape architect to be unqualified in respect to
				  education, experience, or character.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-03 - Full Disclosure › Section 8-07-03-06 - Duty to report violations

Current through Supplement No. 393, July, 2024
A registered architect or landscape architect possessing
				  knowledge of a violation of the rules of professional conduct shall report such
				  knowledge to the board.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-04 - Compliance With Laws › Section 8-07-04-01 - Violations of criminal law prohibited

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall not, in the conduct
				  of the person's architectural or landscape architectural practice, knowingly
				  violate any state or federal criminal law.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-04 - Compliance With Laws › Section 8-07-04-02 - Payment or gift to government officials prohibited

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall neither offer nor
				  make any payment or gift to an elected or appointed government official with
				  the intent of influencing the official's judgment in connection with a
				  prospective or existing project in which the architect or landscape architect
				  is interested.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-04 - Compliance With Laws › Section 8-07-04-03 - Compliance with registration laws required

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall comply with the
				  registration laws and regulations governing the person's professional practice
				  in any United States jurisdiction.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-05 - Professional Conduct › Section 8-07-05-01 - Responsible control required

Current through Supplement No. 393, July, 2024
Each office maintained for the preparation of drawings,
				  specifications, reports, or other professional work shall have an architect or
				  landscape architect resident and regularly employed in that office having
				  responsible control of such work.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-05 - Professional Conduct › Section 8-07-05-02 - Sign or seal on documents

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall not sign or seal
				  drawings, specifications, reports, or other professional work for which the
				  person does not have responsible control; provided, however, that in the case
				  of the portions of such professional work prepared by the architect's or
				  landscape architect's consultants, registered under this or another
				  professional registration law of this jurisdiction, the architect or landscape
				  architect may sign or seal that portion of the professional work if the
				  architect or landscape architect has reviewed such portion, has coordinated its
				  preparation, and intends to be responsible for its adequacy. Signature and seal
				  requirements must be prepared as outlined in sections 8-06-01-02 and 8-06-01-03.
General Authority:
NDCC
					 43-03-08
Law Implemented:
NDCC
					 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-05 - Professional Conduct › Section 8-07-05-03 - Gifts to influence clients prohibited

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall neither offer nor
				  make any gifts, other than gifts of nominal value including, for example,
				  reasonable entertainment and hospitality, with the intent of influencing the
				  judgment of an existing or prospective client in connection with a project in
				  which the architect or landscape architect is interested.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 8 - Architecture, Board of › Article 8-07 - Rules of Professional Conduct › Chapter 8-07-05 - Professional Conduct › Section 8-07-05-04 - Fraud

Current through Supplement No. 393, July, 2024
An architect or landscape architect shall not engage in
				  conduct involving fraud or wanton disregard of the rights of others.
General Authority: NDCC 43-03-08
Law Implemented: NDCC 43-03-08
North Dakota Administrative Code › Title 9 - Arts, Council on the

Current through Supplement No. 393, July, 2024
The Council on the Arts is not an administrative agency as defined
		  by North Dakota Centry Code section   28-32-01. Therefore, the council is not
		  subject to the Administrative Agencies Practice Act (North Dakota Century Code
		  chapter   28-32) and any rules the council may have adopted are not published in
		  the North Dakota Administrative Code.
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-01 - Organization › Chapter 10-01-01 - General Administration › Section 10-01-01-02 - Inquiries

Current through Supplement No. 393, July, 2024
All inquiries, requests for records, and correspondence is to
				  be addressed to the office of the attorney general as follows:
Office of the Attorney General
600 East Boulevard Avenue, Department 125
Bismarck, ND 58505-0040
General Authority:
NDCC
					 28-32-02,
					 54-12-01
Law Implemented:
NDCC
					 28-32-02
North Dakota Administrative Code › Title 10 - Attorney General › Article 10-04.1 - Games of Chance [Repealed]

Current through Supplement No. 393, July, 2024
Determined repealed by the office of the Legislative Council
			 pursuant to subsection 3 of North Dakota Century Code section 28-32-03 because
			 the authority for adoption of the rules was transferred to another agency by
			 S.L. 1991, ch. 28, § 29