New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 44 - LANDSCAPE ARCHITECTS › Part 1 - GENERAL PROVISIONS › Section 16.44.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these regulations, the following words and
				  phrases have the following meanings unless the context or intent clearly
				  indicates a different meaning.
A.
"Accredited"
means accreditation by the landscape architectural
				accreditation board (LAAB) or a recognized equivalent accrediting
				agency.
B.
"Act"
means
				the Landscape Architects Act, Sections
				61-24B-1
				through
				61-24B-17
				NMSA 1978.
C.
"Administrator"
"board administrator" or "program manager" means
				the staff person assigned certain express or implied executive and
				administrative functions of the board as defined by board regulation or as
				required to carry out the provisions of the act.
D.
"Applicant"
means a person
				who has completed all educational requirements for licensure or certification
				and has filed an initial application with the board.
E.
"Board"
means the New Mexico
				board of landscape architects.
F.
"Board regulation"
or "regulation" means any part adopted by the
				board pursuant to authority under the act and includes any superseding
				regulation. "Rule" means board regulation.
G.
"Candidate"
means a person
				who has filed with the board a completed form for licensure or certification
				that is complete in all particulars and appears on the face to satisfy all
				minimum educational, supervision, payment and other requirements except
				examination requirements as required by the act and these regulations and is
				eligible to take the L.A.R.E.
H.
"Certificate holder"
or "certification" means an individual
				certified under the Landscape Architects Act as a landscape architect in
				training.
I.
"CLARB"
means the council of landscape architect registration boards or its
				successor.
J.
"CLARB
				certification"
means certification by CLARB that a landscape architect
				has met the minimum standards of education, examination, experience and
				professional conduct established by the council and is thereby recommended for
				licensure in all member jurisdictions.
K.
"CLARB council record"
means
				the verified documentation of an individual's education, experience,
				examination, licensure and professional conduct compiled by CLARB.
L.
"Client"
means a person or
				corporate entity that is the recipient of landscape architectural
				services.
M.
"Consultant"
means a licensed landscape architect who provides
				professional advice or opinion to a licensee and who has no professional
				relationship with the client, has no authority over the project or has no
				responsibility for the services performed for the client.
N.
"Continuing professional
				education"
(CPE) means a board requirement of continuing education,
				instruction or participation as a condition of renewal of licensure.
O.
"Custodian"
means board
				administrator.
P.
"Electronic
				transmission"
means the sending of information through the internet or
				by telephone facsimile (FAX) or e-mail.
Q.
"Filed with the board"
means
				actual receipt during normal business hours at the board office in Santa Fe,
				New Mexico.
R.
"General
				administration of a construction contract"
means the interpretation of
				drawings and specifications, the establishment of standards of acceptable
				workmanship and the periodic observation of construction to facilitate
				consistency with the general intent of the construction documents.
S.
"Good cause"
means the
				inability to comply because of illness, undue hardship, or extenuating
				circumstances that are not willful and are beyond the control of the person
				asserting good cause. Those asserting good cause shall have the burden to
				demonstrate good cause.
T.
"Inactive status"
means a procedure of the board to affirm that a
				licensee is not engaged in active practice.
U.
"Initial application"
means
				the initial application for licensure or certification filed with the board by
				an applicant not previously or currently licensed in a jurisdiction.
V.
"Joint practice committee"
(JPC) means a committee statutorily comprised of two architects, two landscape
				architects and two engineers or land surveyors and a public member.
W.
"Landscape architect"
or
				"registered landscape architect" (RLA) means an individual registered under the
				Landscape Architects Act to practice landscape architecture.
X.
"Landscape architect in
				training"
(LAIT) means an individual certified under the Landscape
				Architects Act who is actively pursuing completion of the requirements for
				licensure pursuant to that act, under direct supervision of a registered
				landscape architect.
Y.
"Landscape architect registration examination"
(L.A.R.E.) means
				the national examination promulgated by CLARB.
Z.
"Landscape architecture"
means the art, profession or science of designing land improvements, including
				consultation, investigation, research, design, preparation of drawings and
				specifications and general administration of contracts to protect the health,
				safety and welfare of the public. Nothing contained in this definition shall be
				construed as authorizing a landscape architect to engage in the practice of
				architecture, engineering or land surveying as defined in Sections
				61-15-2,
				61-23-2.1 and 61-23.27.9 NMSA 1978.
AA.
"Licensed"
means licensed,
				registered or any other term when such terms identify a person whose
				professional behavior is subject to regulation by the board.
BB.
"Licensee in good standing"
means a licensee who is not the subject of a pending investigation,
				adjudicatory proceeding, or petition on appeal or review, or whose license is
				not restricted, suspended, or revoked in New Mexico or any other state or
				licensing jurisdiction.
CC.
"Licensee"
means a person licensed pursuant to the provisions of
				the act and board regulations.
DD.
"NCARB"
means the national council of architectural registration
				boards.
EE.
"Practical
				experience"
means experience that demonstrates an essential
				understanding of the practice of landscape architecture pursuant to the act.
				Practical experience shall begin after graduation from a degree program as set
				forth in the act.
FF.
"Professional relationship"
means a mutually agreed-upon
				relationship between a landscape architect and a client for the purpose of the
				client(s) obtaining the landscape architect's professional services.
GG.
"Professional services"
means all actions of the landscape architect in the context of professional
				relationship with the client.
HH.
"Registrant,"
"registered" or "registration" means an individual
				registered under the Landscape Architects Act as a landscape
				architect.
II.
"Related
				field"
means a field having an impact on or affecting the field of
				landscape architecture including, but not limited to, such fields as
				architecture or engineering.
JJ.
"Renewal cycle/period"
means the time during which a licensee or
				certificate holder renews his/her license.
KK.
"Sponsor"
means an
				individual, organization, association, institution or other entity that
				provides education activity for the purpose of fulfilling the continuing
				education requirements.
LL.
"Supervisee"
means any person who functions under the authority of
				a registered landscape architect to provide landscape architectural services as
				provided in the act or board regulations.
MM.
"Supervisor"
means a
				registered landscape architect who agrees to provide adequate supervision over
				a student, applicant, employee or staff or other non-licensed person and who
				remains ultimately responsible for the professional conduct of the non-licensed
				person and the welfare of the client.