reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.166 - Informal Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) An informal
				  conference may be held in order to provide a respondent with the opportunity to
				  appear and answer a charge against the respondent in person.
(b) An informal conference shall be attended
				  by the respondent and each person designated by the Executive Director to
				  attend the conference. The respondent shall have the right to employ legal
				  counsel to attend the informal conference at the respondent's
				  expense.
(c) An informal conference
				  shall be voluntary and shall not be a prerequisite to a formal
				  hearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.167 - Publication of Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Board shall cause to be published in the Board's official newsletter, on the
				  Board's Web site, in a newspaper, or in another publication the name of any
				  person who has received disciplinary action by the Board. The publication may
				  include a narrative summary of the facts giving rise to disciplinary action and
				  a description of the action taken.
(b) In addition to other types of
				  disciplinary action that shall be publicized pursuant to this section, the
				  Board shall publicize the revocation or cancellation of a certificate of
				  registration after its surrender in lieu of potential disciplinary
				  action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.168 - Dismissal

Current through Reg. 49, No. 28; July 12, 2024
For good cause, the Board, the Executive Director, or a
					 person designated by the Executive Director may dismiss a Contested Case at any
					 time after a Contested Case proceeding is commenced.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.169 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
The Executive Director or a person designated by the
					 Executive Director shall represent the Board in any alternative dispute
					 resolution proceeding.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.170 - Referrals from the Texas Department of Licensing and Regulation

Current through Reg. 49, No. 28; July 12, 2024
(a) If an Architect fails to submit any
				  document to the Texas Department of Licensing and Regulation as required by the
				  Architectural Barriers Act, or a rule or procedure enacted pursuant to the
				  Architectural Barriers Act, the Board may take disciplinary action against the
				  Architect.
(b) An Architect's
				  failure to submit documents to the Texas Department of Licensing and Regulation
				  as required by subsection (a) of this section, shall result in a written
				  warning from the Executive Director. An administrative penalty shall be imposed
				  upon second and subsequent failures.
(c) When considering potential disciplinary
				  action, including imposition of an administrative penalty, the Board and the
				  Executive Director shall take into account the number of previous incidents
				  involving a Registrant's failure to timely submit documents to the Texas
				  Department of Licensing and Regulation and the length of the delay in making
				  the present submission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.171 - Responding to Request for Information

Current through Reg. 49, No. 28; July 12, 2024
An Architect, a Candidate or an Applicant shall answer an
					 inquiry or produce requested documents to the Board concerning any matter under
					 the jurisdiction of the Board within thirty (30) days after the date the person
					 receives the inquiry. Failure to respond within thirty (30) days may constitute
					 a separate violation subject to disciplinary action by the Board up to and
					 including suspension or revocation of a registration.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.172 - Continuing Violation

Current through Reg. 49, No. 28; July 12, 2024
(a) Each day a
				  violation of any statutory provision or rule enforced by the Board occurs or
				  continues may be considered a separate violation subject to disciplinary action
				  by the Board.
(b) Each sheet of
				  architectural plans and each separate section of the specifications which are
				  prepared, modified or issued in violation of these rules or any laws over which
				  the Board has jurisdiction shall each be considered an independent violation of
				  applicable rules and laws.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.173 - Violation By One Not an Architect

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  who is not an Architect who violates any of the laws or rules over which the
				  Board has jurisdiction is subject to any or all of the following:
(1) judicial proceedings for injunctive
				  relief;
(2) criminal prosecution in
				  a court of appropriate jurisdiction;
(3) imposition of an administrative
				  penalty;
(4) issuance of a cease
				  and desist order from the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.174 - Complaint Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  file a complaint by submitting the following information to the Board:
(1) the name of and contact information for
				  the complainant unless evidence regarding a possible violation was submitted
				  anonymously;
(2) the name of the
				  person against whom the complaint is filed;
(3) the address, telephone number, Web site,
				  or other contact information for the person against whom the complaint is
				  filed, if available;
(4) the date
				  and location of the alleged violation that is the subject of the
				  complaint;
(5) a description of
				  each alleged violation; and
(6) the
				  name, address, and telephone number for any known witness who can provide
				  information regarding the alleged violation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.175 - Evaluation of Evidence by Expert

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Board's staff determines that a respondent who is a Registrant, Candidate, or
				  Applicant appears to have engaged in the Practice of Architecture in a manner
				  that was Reckless, Grossly incompetent, or dishonest, the matter may not be
				  docketed at the State Office of Administrative Hearings for a formal hearing
				  unless the evidence and information gathered during the investigation have been
				  reviewed by a member of the Board or the Board's staff or a consultant who is
				  registered as an Architect.
(b) The
				  purpose of the review shall be to confirm, prior to the commencement of formal
				  disciplinary proceedings, that the respondent's professional conduct did not
				  satisfy the requisite standard of care which should be applied by a reasonably
				  prudent Architect under similar circumstances.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.176 - Subpoenas and Depositions

Current through Reg. 49, No. 28; July 12, 2024
(a) On a showing of
				  good cause and on deposit of a sum reasonably estimated to cover the costs of
				  issuing and serving the subpoena and the costs described in subsection (e) of
				  this section, the Executive Director or the Chairman may issue a subpoena to
				  require the attendance of a witness for examination under oath or the
				  production of a record, document, or other evidence relevant to the
				  investigation of, or a disciplinary proceeding related to, an alleged violation
				  of a statutory provision or rule enforced by the Board.
(b) A subpoena must:
(1) be issued in the name of the State of
				  Texas;
(2) be signed by the
				  Executive Director or the Chairman;
(3) be addressed to a sheriff, constable, or
				  other party authorized by the Texas Rules of Civil Procedure to serve a
				  subpoena;
(4) state the time and
				  place at which the witness is required to appear, the name of the person at
				  whose instance the subpoena has been issued, and the date of the subpoena's
				  issuance;
(5) include a specific
				  description of any record, document, or other evidence covered by the subpoena;
				  and
(6) be served by delivering a
				  copy of the subpoena to the party named in the subpoena.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.177 - Administrative Penalty Schedule

Current through Reg. 49, No. 28; July 12, 2024
If the Board determines that an administrative penalty is
					 the appropriate sanction for a violation of any of the statutory provisions or
					 rules enforced by the Board, the following guidelines shall be applied to guide
					 the Board's assessment of an appropriate administrative penalty:
(1) In determining whether a minor, moderate,
				  or major penalty is imposed under subsection (2) of this rule, the following
				  classifications shall apply:
Attached Graphic
(2) After determining whether the
				  violation is minor, moderate, or major, the Board shall impose an
				  administrative penalty as follows:
(A) Minor
				  violations-- an administrative penalty of not more than $1,000 shall be
				  imposed.
(B) Moderate violations--
				  an administrative penalty of not more than $3,000 shall be imposed.
(C) Major violations-- an administrative
				  penalty of not more than $5,000 shall be imposed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 1.178 - Reinstatement Following Suspension or Revocation

Current through Reg. 49, No. 28; July 12, 2024
If the Board suspends or revokes a person's certificate of
					 registration as a result of disciplinary action, the person may not reinstate
					 the certificate of registration or obtain a new certificate of registration
					 unless the person:
(1) demonstrates
				  that he/she has taken reasonable steps to correct the misconduct or deficiency
				  that led to the suspension or revocation;
(2) demonstrates that reinstatement or
				  issuance of the certificate of registration is not inconsistent with the
				  Board's duty to protect the public by ensuring that Registrants are duly
				  qualified and fit for registration; and
(3) pays all fees and costs incurred by the
				  Board as a result of any proceeding that led to the suspension or revocation.
				  This shall include, but not be limited to, attorney's fees and all costs
				  associated with the need to prosecute a Contested Case proceeding at the State
				  Office of Administrative Hearings and subsequent activities including
				  administrative and judicial appeals.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter K - PRACTICE; ARCHITECT REQUIRED › Section 1.210 - Architectural Plans and Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Architectural education, training and experience as described in §
										1.21
				  and §
										1.191
				  of this title (relating to Registration by Examination and Description of
				  Experience Required for Registration by Examination) are necessary
				  prerequisites for the design of the architectural elements as specified in
				  subsection (b) of this section and the preparation of those architectural plans
				  and specifications for the construction, enlargement, or alteration of a
				  building intended for human use and occupancy. Generally, architectural plans
				  and specifications document the design of architectural elements of buildings
				  and also serve as instructions that integrate and coordinate the design of all
				  building systems and related site components necessary for constructing a
				  building and its environs intended for human use and occupancy. Architectural
				  plans and specifications detail the design of architectural elements of a
				  building, including the form, function, construction, habitability, and
				  appearance of the building and the manner in which humans enter, exit,
				  circulate, and use the interior space of the building and its external
				  environs. An Architect shall coordinate with consultants in the design of a
				  building intended for human use and occupancy in order to integrate all
				  components and systems of the building and its environs.
(b) In accordance with §
										1051.0016
				  of the Texas Occupations Code, for purposes of Chapter 1051, Texas Occupations
				  Code, the term "architectural plans or specifications" means a Construction
				  Document that depicts in detail the design of the spatial relationships and the
				  quality of materials and systems required for the construction of a building
				  and its environs. The term includes:
(1) Floor
				  plans and details:
(A) depicting the design
				  of:
(i) internal and external walls and
				  simple foundations;
(ii) the design
				  of the internal spaces of the building; and
(iii) vertical circulation systems including
				  accessibility ramps, stair systems, elevators and escalators; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter K - PRACTICE; ARCHITECT REQUIRED › Section 1.211 - Privately Owned Buildings

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  architectural plan or specification for the construction, enlargement, or
				  alteration of a privately owned building shall be prepared by an Architect or
				  under the Supervision and Control of an Architect unless an engineer may
				  prepare the architectural plan or specification pursuant to §
										1.210(c) or
				  (e) of this title (relating to Architectural
				  Plans and Specifications) or a Nonregistrant may prepare the plan or
				  specification pursuant to an exemption described in Chapter 1051 of the Texas
				  Occupations Code.
(b) For purposes
				  of §
										1051.606
				  of the Texas Occupations Code, "multifamily dwelling" means a building
				  containing more than two separate units intended to be used for human
				  habitation where the units are not separated by open space but instead are
				  separated only by walls or partitions.
(c) For purposes of §
										1051.606
				  of the Texas Occupations Code, "commercial building" means an enclosed
				  structure primarily used for the purchase, sale, or exchange of commodities or
				  services.
(d) For purposes of
				  §
										1051.606
				  of the Texas Occupations Code, "warehouse that has limited public access" means
				  a building primarily used for the storage of equipment, merchandise, or
				  commodities where:
(1) only employees,
				  delivery persons, and other specifically authorized people are routinely
				  expected to enter the building; and
(2) persons who enter the building are
				  expected to occupy the building only on a limited basis.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter K - PRACTICE; ARCHITECT REQUIRED › Section 1.212 - Publicly Owned Buildings

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  architectural plan or specification, as defined by §
										1.210(b)
				  of this title (relating to Architectural Plans and Specifications), for a new
				  building constructed and owned by a public entity where the total projected
				  building construction costs at the commencement of construction exceed $100,000
				  shall be prepared by an Architect, under the Supervision and Control of an
				  Architect, or by an engineer who may practice architecture under §
										1.210(e)
				  of this title, if the building is intended for any of the following uses:
(1) education: the use of a building at any
				  time for instructional purposes;
(2) assembly: the use of a building for the
				  gathering together of persons for purposes such as civic, social, or religious
				  functions or for recreation, food or drink consumption, or awaiting
				  transportation; or
(3) office
				  occupancy: the use of a building for business, professional, or service
				  transactions or activities.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter K - PRACTICE; ARCHITECT REQUIRED › Section 1.213 - Exemption for Alterations to Existing Buildings

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of Section
				  1051.606
				  of the Texas Occupations Code, a structural change is "substantial" if the
				  engineering plans and specifications for the structural change must be prepared
				  by a licensed engineer pursuant to Chapter 1001 of the Texas Occupations
				  Code.
(b) For purposes of Section
				  1051.606
				  of the Texas Occupations Code, an exitway change is "substantial" if the change
				  will affect a path of egress intended to be used by more than fifty (50)
				  persons.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter K - PRACTICE; ARCHITECT REQUIRED › Section 1.214 - Institutional Residential Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  architectural plan or specification for the construction of any new building or
				  for the modification of any existing building intended for use as an
				  institutional residential facility shall be prepared by an Architect, under the
				  Supervision and Control of an Architect, or by an engineer pursuant to §
										1.210(c) or
				  (e) of this title (relating to Architectural
				  Plans and Specifications), regardless of:
(1)
				  the number of stories or square footage of the building; and
(2) whether the building is privately or
				  publicly owned.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter K - PRACTICE; ARCHITECT REQUIRED › Section 1.216 - Other Professional Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
If, in the course of his/her work on a project, an
					 Architect becomes aware of a course of action taken against the Architect's
					 advice which may violate an applicable state or local building law or
					 regulatory provision and which is likely, in the Architect's judgment to have a
					 material adverse effect on the safe use of the completed building, the
					 Architect shall do the following:
(1)
				  report the course of action in writing to the owner, to the local building
				  official(s), and to other responsible parties; and
(2) refuse to consent to the course of
				  action.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter K - PRACTICE; ARCHITECT REQUIRED › Section 1.217 - Construction Observation

Current through Reg. 49, No. 28; July 12, 2024
An Architect or a person working under the Supervision and
					 Control of an Architect shall conduct construction observation of the
					 construction of a new building or the alteration or addition of an existing
					 building which is subject to §
										1.211
					 of this title (relating to Privately Owned Buildings), §
										1.212 of
					 this title (relating to Publicly Owned Buildings) and §
										1.214
					 of this title (relating to Institutional Residential Facilities). For purposes
					 of this subchapter, "construction observation" means the administration of the
					 portion of the construction contract described and documented in the
					 architectural plans and specifications, including the following:
(1) reviewing each shop drawing, sample, and
				  other submittal by a contractor or consultant;
(2) preparing or reviewing each change to an
				  architectural plan or specification;
(3) visiting the construction site at
				  intervals appropriate to the stage of construction to:
(A) become generally familiar with and keep
				  the client generally informed about the progress and quality of the portion of
				  the construction completed;
(B)
				  make a reasonable effort to identify defects and deficiencies in the
				  construction;
(C) determine
				  generally whether the construction is being performed in a manner indicating
				  that the project, when fully completed, will be in accordance with the
				  architectural plans and specifications; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter L - HEARINGS-CONTESTED CASES › Section 1.231 - Formal Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  specifically indicated, the Administrative Procedure Act (APA) applies to all
				  Contested Cases involving matters under the jurisdiction of the
				  Board.
(b) The Rules of Procedure
				  of the State Office of Administrative Hearings (SOAH) apply to formal hearings
				  of Contested Cases conducted for the Board by a SOAH administrative law
				  judge.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter L - HEARINGS-CONTESTED CASES › Section 1.232 - Board Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  shall investigate Contested Case matters and attempt to resolve Contested Cases
				  informally as provided in Subchapter I of this chapter (relating to
				  Disciplinary Action). However, if a Contested Case is not settled informally
				  pursuant to Subchapter I of this chapter, it shall be referred to SOAH for a
				  formal hearing to determine whether there has been a violation of any of the
				  statutory provisions or rules enforced by the Board.
(b) A formal hearing shall be conducted in
				  accordance with the Rules of Procedure of SOAH.
(c) After a formal hearing of a Contested
				  Case, the SOAH administrative law judge who conducted the formal hearing shall
				  prepare a proposal for decision and submit it to the Board so that the Board
				  may render a final decision with regard to the Contested Case. The proposal for
				  decision shall include findings of fact and conclusions of law.
(d) If a party submits proposed findings of
				  fact or conclusions of law, the proposal for decision shall include a ruling on
				  each proposed finding or conclusion.
(e) Any party of record in a Contested Case
				  may request an oral hearing before the Board. A request for an oral hearing
				  shall be filed with the Board and copies shall be served on the administrative
				  law judge and on all other parties in the same manner as for serving other
				  documents in a Contested Case. The Board, in its sole discretion, shall
				  determine whether to grant or deny a request for an oral hearing. If a request
				  for an oral hearing is granted, each party of record shall be allotted 30
				  minutes to make an oral presentation to the Board. The oral presentation shall
				  be confined to matters contained within the administrative record.
(f) Upon the expiration of the time provided
				  for the filing of exceptions and briefs or, if exceptions and briefs are filed,
				  upon the 10th day following the time provided for the filing of replies to
				  exceptions and briefs, the Board may render a decision to finally resolve a
				  Contested Case. The Board may change a finding of fact or conclusion of law
				  made by an administrative law judge or may vacate or modify an order issued by
				  an administrative law judge only if the Board determines:
(1) that the administrative law judge did not
				  properly apply or interpret applicable law, agency rules, written policies, or
				  prior administrative decisions;
(2)
				  that a prior administrative decision on which the administrative law judge
				  relied is incorrect or should be changed; or
(3) that a technical error in a finding of
				  fact should be changed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter L - HEARINGS-CONTESTED CASES › Section 1.233 - Application and Construction of Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  SOAH shall conduct formal hearings in accordance with the APA, the Rules of
				  Procedure of SOAH, the Architects' Registration Law, the Rules and Regulations
				  of the Board, and case law, provided that:
(1) An administrative law judge may, by
				  order, modify the requirements of the Rules of Procedure of SOAH and supplement
				  other procedural requirements of law to promote the fair and efficient handling
				  of a Contested Case; and
(2) An
				  administrative law judge may modify the procedural requirements of the Rules of
				  Procedure of SOAH in appropriate cases to facilitate resolution of issues if
				  doing so does not prejudice any of a party's rights or contravene applicable
				  statutes.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter L - HEARINGS-CONTESTED CASES › Section 1.234 - Suspension of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) If suspension
				  of a person's registration is the appropriate sanction for a violation of a
				  statutory provision or rule enforced by the Board, the Board and the
				  administrative law judge shall apply the following guidelines to determine
				  whether the suspension will be active or probated:
(1) The Board and the administrative law
				  judge shall impose an active suspension upon a finding that the respondent:
(A) violated a statutory provision or rule
				  enforced by the Board that demonstrated gross negligence or recklessness, or
				  the conduct posed a serious threat to the health or safety of the
				  public;
(B) violated a statutory
				  provision or rule enforced by the Board which caused economic damage to
				  property in excess of $1,000;
(C)
				  committed a violation of a statutory provision or rule enforced by the Board
				  while the respondent's registration was on probated suspension;
(D) has a sanction history including at least
				  two findings by the Board that the respondent engaged in conduct for which the
				  respondent's registration could have been suspended or revoked pursuant to
				  § 1.232; or
(E) would likely
				  engage in the practice of Architecture in a manner that does not comply with a
				  standard or practice normally followed by a reasonably prudent Architect under
				  the same or similar circumstances.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter A - SCOPE; DEFINITIONS › Section 3.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Rules and Regulations of the Board are set forth for
					 the purpose of interpreting and implementing the Landscape Architects'
					 Registration Law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.21 - Registration by Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  obtain landscape architectural registration by examination in Texas, an
				  Applicant:
(1) shall have a professional
				  degree from:
(A) a landscape architectural
				  education program accredited by the Landscape Architectural Accreditation Board
				  (LAAB),
(B) a landscape
				  architectural education program that became accredited by LAAB not later than
				  two years after the Applicant's graduation,
(C) a landscape architectural education
				  program that was granted candidacy status by LAAB and became accredited by LAAB
				  not later than three years after the Applicant's graduation, or
(D) a landscape architectural education
				  program outside the United States where an evaluation by Education Credential
				  Evaluators or another organization acceptable to the Board has concluded that
				  the program is substantially equivalent to a doctorate, master's degree, or a
				  baccalaureate degree in landscape architecture from a program in the United
				  States;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.22 - Registration by Reciprocal Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person may apply for landscape architectural registration by reciprocal
				  transfer if the person holds a landscape architectural registration that is
				  active and in good standing in another jurisdiction and the other jurisdiction:
(1) has licensing or registration
				  requirements substantially equivalent to Texas registration requirements;
				  or
(2) has entered into a
				  reciprocity agreement with the Board that has been approved by the Governor of
				  Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.23 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant
				  for landscape architectural registration by examination must apply through
				  CLARB. The Applicant is responsible for having CLARB transmit to the Board a
				  completed application with all required supporting documentation.
(b) An Applicant for landscape architectural
				  registration by reciprocal transfer may apply through CLARB or through the
				  Board's direct application process. If the Applicant applies through CLARB, the
				  Applicant is responsible for having CLARB transmit to the Board a completed
				  application with all required supporting documentation.
(c) Upon receipt of the completed application
				  and all required supporting documentation and receipt of the required
				  application fee, the Board shall evaluate the Applicant's application
				  materials. The Board may require additional information or documentation from
				  the Applicant.
(d) The Board will
				  notify each Applicant in writing regarding the approval or rejection of the
				  Applicant's application.
(e)
				  Pursuant to the provisions of §
										231.302
				  of the Texas Family Code, each Applicant shall submit his/her social security
				  number to the Board. The Applicant's social security number shall be considered
				  confidential as stated in §
										231.302(e)
				  of the Texas Family Code.
(f) The
				  Board may take action against an Applicant or Candidate pursuant to Section
				  3.151 of the Rules and Regulations of the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.25 - Pending Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) A properly
				  submitted application for registration by examination will be effective for
				  three (3) years from the date it is received by the Board. After three (3)
				  years, the Board may require the Applicant or Candidate to update the
				  application or reapply.
(b) Each
				  Candidate approved for examination must pay an annual record maintenance fee as
				  prescribed by the Board or the Candidate's application file will be closed. A
				  Candidate may reopen an application file that was closed pursuant to this
				  section only after payment of a fee equal to the sum of the record maintenance
				  fees for the current year and each year the file has been closed plus any costs
				  directly related to the reopening of the application file. An application file
				  that has been closed for five (5) years or longer may not be
				  reopened.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.26 - Preliminary Evaluation of Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant, Candidate or a person
				  enrolled or planning to enroll in an accredited landscape architectural
				  educational program may make a written request to the Board's executive
				  director for a preliminary criminal history evaluation letter which states the
				  person's eligibility for registration under §
										3.149 of
				  this chapter (relating to Criminal Convictions).
(b) A person who requests a criminal history
				  evaluation shall provide the following information:
(1) a statement describing the offenses for
				  which the requestor has a criminal history;
(2) any court documents including, but not
				  limited to, indictments, orders of deferred adjudication, judgments, probation
				  records, and evidence of completion of probation, if applicable;
(3) the names and contact information of the
				  parole or probation department, if any, to which the requestor reports;
				  and
(4) the required fee for
				  determining eligibility.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.27 - Provisional Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall
				  grant a Certificate of Registration or a provisional Certificate of
				  Registration to an otherwise qualified Candidate who has been convicted of an
				  offense that:
(1) is not directly related to
				  the Practice of Landscape Architecture as determined by the executive director
				  under §
											3.149 of
				  this chapter (relating to Criminal Convictions);
(2) is not an offense listed in Article
				  42A.054,
				  Code of Criminal Procedure; and
(3)
				  is not a sexually violent offense, as defined by Article
				  62.001,
				  Code of Criminal Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.28 - Child Support Arrearage

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Family Code § 232.0135, the Board
					 shall not approve an application for registration from an Applicant who has
					 failed to pay court ordered child support. The Board shall refuse to approve
					 such an application upon receipt of notice of the child support arrearage from
					 the child support agency until receipt of notice from the agency that the
					 arrearage has been paid or other conditions specified in Texas Family Code
					 § 232.0135 have been met.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 3.29 - Registration of a Military Service Member, Military Veteran, or Military Spouse

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Active duty" means current full-time
				  military service in the armed forces of the United States or active duty
				  military service as a member of the Texas military forces, as defined by
				  Section
				  437.001, Government
				  Code, or similar military service of another state.
(2) "Armed forces of the United States" means
				  the army, navy, air force, coast guard, or marine corps of the United States or
				  a reserve unit of one of those branches of the armed forces.
(3) "Military service member" means a person
				  who is on active duty.
(4)
				  "Military spouse" means a person who is married to a military service
				  member.
(5) "Military veteran"
				  means a person who has served on active duty and who was discharged or released
				  from active duty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter C - EXAMINATION › Section 3.41 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Every Applicant for landscape
				  architectural registration by examination in Texas must successfully complete
				  all sections of the Landscape Architect Registration Examination
				  (LARE).
(b) The Board may approve
				  an Applicant to take the LARE only after the Applicant has completed the
				  educational requirements for landscape architectural registration by
				  examination in Texas, has completed at least six (6) months of full-time
				  experience working under the direct supervision of a licensed landscape
				  architect, and has submitted the required application materials.
(c) An Applicant may take the LARE at any
				  official LARE testing center but must satisfy all Texas registration
				  requirements in order to obtain landscape architectural registration by
				  examination in Texas.
(d) Each
				  Candidate must achieve a passing score in each division of the LARE. Scores
				  from individual divisions may not be averaged to achieve a passing
				  score.
(e) An examination fee may
				  not be refunded. A portion of an examination fee may be reapplied to a
				  subsequent examination as follows:
(1) A
				  Candidate, because of extreme hardship, must have been precluded from
				  scheduling or taking the examination or a portion of the examination. For
				  purposes of this subsection, extreme hardship is defined as a serious illness
				  or accident of the Candidate or a member of the Candidate's immediate family or
				  the death of an immediate family member. Immediate family members include the
				  spouse, child(ren), parent(s), and sibling(s) of the Candidate. Any other
				  extreme hardship may be considered on a case-by-case basis.
(2) A written request to reapply the
				  examination fee based on extreme hardship must be submitted not later than
				  thirty (30) days after the date of the scheduled examination or portion of the
				  examination. Documentation of the extreme hardship that precluded the applicant
				  from scheduling or taking the examination must be submitted by the Candidate as
				  follows:
(A) Illness: verification from a
				  physician who treated the illness.
(B) Accident: a copy of an official accident
				  report.
(C) Death: a copy of a
				  death certificate or newspaper obituary.
(3) The national examination provider must
				  approve the request.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter C - EXAMINATION › Section 3.42 - Examination Administration and Scoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An Applicant must apply for landscape architectural registration by examination
				  through CLARB as described in Section 3.23.
(b) An Applicant's application and supporting
				  documentation to take a portion of the LARE must be postmarked or received by
				  the Board no later than four (4) months before the earliest date upon which
				  that portion of the LARE is to be administered. The Board shall publish the
				  examination schedule and the application deadline for each portion of the
				  examination on its Web site.
(c) A
				  Candidate who is approved to take the LARE must appear personally for
				  examination as directed in the notification letter sent to the Applicant. In
				  order to be admitted for examination, the Candidate must present an official
				  form of identification bearing a recent photograph of the Candidate.
(d) Each Candidate shall be responsible for
				  taking to the examination all tools necessary to complete the
				  examination.
(e) An explanation of
				  the scoring procedures for the LARE shall be provided to each Candidate before
				  the examination is administered to the Candidate.
(f) A Candidate's LARE scores shall be
				  determined by CLARB. The Board shall not review any LARE score to determine its
				  validity.
(g) If, for any reason, a
				  Candidate takes a section or sections of the LARE but does not receive a score
				  for the section or sections, the Board shall have no liability beyond
				  authorizing the Candidate to retake the section or sections with the
				  corresponding fee waived.
(h) Each
				  Candidate's examination material shall be retained by CLARB for a period of one
				  year following the date the examination was administered.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter C - EXAMINATION › Section 3.43 - Reexamination

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  qualify for registration by examination, a Candidate must schedule and pass all
				  sections of the Landscape Architect Registration Examination (LARE) within the
				  time period required by CLARB.
(b)
				  If a Candidate has successfully passed a section of the examination that has
				  expired under CLARB requirements, the Candidate may request an extended period
				  of validity for that section of the examination if, within one year prior to
				  the date the section expired:
(1) The
				  Candidate gave birth to, or adopted a child;
(2) The Candidate developed a serious medical
				  condition; or
(3) The Candidate
				  commenced active duty service as a member of the United States
				  military.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter C - EXAMINATION › Section 3.44 - Transfer of Passing Scores

Current through Reg. 49, No. 28; July 12, 2024
(a) A Candidate's
				  examination score may be transferred from one CLARB member board to another.
				  The acceptance of the Candidate's score by the board receiving the score shall
				  terminate the Candidate's application with the board transferring the score so
				  that the Candidate has an application pending in only one (1) jurisdiction at
				  any given time. In order to be approved for landscape architectural
				  registration in Texas, a Candidate whose examination score is transferred to
				  Texas must satisfy all requirements for landscape architectural registration in
				  Texas in effect at the time the examination score is transferred.
(b) If a Candidate's examination score is
				  transferred from another member board and accepted by the Board, the Candidate
				  must pass all sections of the examination within the time period required by
				  CLARB, as described by §
										3.43 of this chapter (relating to
				  Reexamination).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter C - EXAMINATION › Section 3.45 - Special Accommodations

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with the Americans with Disabilities Act (ADA), every registration
				  examination must be conducted in an accessible place and manner, or alternative
				  accessible arrangements must be afforded so that no qualified individual with a
				  disability is unreasonably denied the opportunity to complete the licensure
				  process because of his/her disability.
(b) Special accommodations can be provided
				  for examinees with physical or mental impairments that substantially limit
				  major life activities. Available accommodations include the modification of
				  examination procedures and the provision of auxiliary aids and services
				  designed to furnish an individual with a disability an equal opportunity to
				  demonstrate his/her knowledge, skills, and ability.
(c) The Board is not required to approve
				  every request for accommodation or auxiliary aid or provide every accommodation
				  or service as requested. The Board is not required to grant a request for
				  accommodation if doing so would fundamentally alter the measurement of
				  knowledge or the measurement of a skill intended to be tested by the
				  examination or would create an undue financial or administrative
				  burden.
(d) Procedure for
				  requesting accommodation:
(1) To protect the
				  integrity of the testing process, an Applicant requesting an accommodation must
				  submit documentation regarding the existence of a disability and the reason the
				  requested accommodation is necessary to provide the Applicant with an equal
				  opportunity to exhibit his/her knowledge, skills, and ability through the
				  examination. The Board shall evaluate each request on a case-by-case
				  basis.
(2) An Applicant requesting
				  an accommodation must have a licensed health care professional or other
				  qualified evaluator provide certification regarding the disability as described
				  in subsection (e) of this section.
(3) An Applicant seeking an accommodation
				  must make a request for accommodation on the prescribed form and provide
				  documentation of the need for accommodation well in advance of the examination
				  date. If the form is submitted less than sixty (60) days prior to the
				  examination date, the Board will attempt to process the request but might not
				  be able to provide the necessary accommodation for the next
				  examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 3.61 - Issuance of Certificates of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Certificates of registration shall be issued to individuals who have satisfied
				  the registration requirements as described in the Landscape Architects'
				  Registration Law and the Rules and Regulations of the Board.
(b) Each certificate of registration issued
				  by the Board shall identify the Landscape Architect by name and registration
				  number, indicate the effective date of the registration, and acknowledge the
				  Landscape Architect's right to practice landscape architecture in
				  Texas.