reglab/statecodes huggingface dataset:
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 3.62 - Display of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Landscape
				  Architect holding an active certificate of registration shall display it at
				  his/her office. If a Landscape Architect maintains an office in more than one
				  (1) location, the Landscape Architect shall display a duplicate certificate at
				  each additional location.
(b) A
				  duplicate certificate may be obtained only by filing with the Board an
				  application for a duplicate certificate and paying a fee as prescribed by the
				  Board. A Landscape Architect may not copy his/her certificate of registration
				  in order to display it.
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 3.64 - Surrender of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape
				  Architect may voluntarily surrender his/her registration by submitting to the
				  Board a written notice of the voluntary surrender that has been signed by the
				  Landscape Architect. The voluntary surrender of a registration shall invalidate
				  the registration. A registration that has been voluntarily surrendered may be
				  reinstated in the manner described in Section 3.66.
(b) Upon receipt of written notice from the
				  Board requiring the surrender of a certificate of registration that has been
				  suspended or revoked pursuant to the Rules and Regulations of the Board, a
				  Landscape Architect or former Landscape Architect shall immediately surrender
				  his/her certificate of registration in the manner prescribed in the
				  notice.
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 3.65 - Annual Renewal Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  shall send via email an annual registration renewal notice to each Landscape
				  Architect. A Landscape Architect must notify the Board in writing (email, fax,
				  on the Board's Web site, or by U.S. mail) each time the Landscape Architect's
				  email address or mailing address of record changes. The written notice of the
				  Landscape Architect's change of address must be submitted to the Board within
				  thirty (30) days after the effective date of the change of address.
(b) A Landscape Architect may renew his/her
				  registration prior to its specified annual expiration date by:
(1) remitting the correct fee to the Board;
				  and
(2) providing the information
				  and documentation requested by the annual registration renewal
				  notice.
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 3.66 - Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
(a) Once the Revocation or Surrender of a
				  Landscape Architect's registration is effective, the registration may be
				  reinstated only after an application for reinstatement is properly submitted
				  and approved and the prescribed reinstatement fee is paid. THE BOARD IS NOT
				  PERMITTED TO REINSTATE A CERTIFICATE OF REGISTRATION WHICH IS CANCELLED BY
				  OPERATION OF LAW DUE TO THE REGISTRANT'S FAILURE TO RENEW THE REGISTRATION
				  WITHIN 2 YEARS AFTER ITS DESIGNATED EXPIRATION DATE.
(b) If a reinstatement Applicant has
				  practiced landscape architecture unlawfully or has used the term "landscape
				  architect," the term "landscape architectural," the term "landscape
				  architecture," or any similar term to describe himself/herself or to describe
				  services he/she has offered or provided in Texas since the effective date of
				  the expiration of the Applicant's revoked registration or the Surrender of the
				  Applicant's registration, the reinstatement fee to be paid upon approval of the
				  application shall include an amount equal to the sum of the registration
				  renewal fees for each year since the effective date of the expiration or
				  Surrender.
(c) An application for
				  reinstatement may be denied on the following grounds:
(1) the registration has been revoked for a
				  continuous period of five (5) years or longer;
(2) the reinstatement Applicant has performed
				  an act, omitted an act or allowed an omission, or otherwise engaged in a
				  practice that could serve as the basis for the rejection of an application for
				  registration or for the Revocation of a registration; or
(3) the registration was voluntarily
				  Surrendered in lieu of potential disciplinary action and the Board finds that
				  the approval of the reinstatement application does not appear to be in the
				  public's interest.
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 3.67 - Emeritus Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape
				  Architect whose registration is in Good Standing may apply for emeritus
				  registration status on a form prescribed by the Board. In order for a Landscape
				  Architect to obtain emeritus status, the Landscape Architect must demonstrate
				  that:
(1) he/she has been registered as a
				  Landscape Architect for at least 20 years; and
(2) he/she is at least 65 years of
				  age.
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 3.68 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape
				  Architect whose registration is in good standing may apply for Inactive
				  registration status on a form prescribed by the Board.
(b) An Inactive Landscape Architect may not
				  practice Landscape Architecture. The prohibition against the practice of
				  Landscape Architecture by Inactive Landscape Architects applies to landscape
				  architectural projects that may be designed by Nonregistrants as well as to
				  projects that may be designed only by registered Landscape Architects. If an
				  Inactive Landscape Architect engages in the practice of Landscape Architecture,
				  the Inactive Landscape Architect's registration may be suspended or revoked and
				  the Inactive Landscape Architect may be fined as allowed by the Landscape
				  Architects' Registration Law for each day that the Inactive Landscape Architect
				  has engaged in the practice of Landscape Architecture.
(c) An Inactive Landscape Architect shall not
				  use his/her landscape architectural seal during any period that his/her
				  registration is Inactive.
(d) An
				  Inactive Landscape Architect shall pay an annual fee as prescribed by the
				  Board.
(e) In order to return
				  his/her registration to active status, an Inactive Landscape Architect must:
(1) apply on a form prescribed by the
				  Board;
(2) either submit proof that
				  he/she has completed all continuing education requirements for each year the
				  registration has been Inactive if continuing education was required for that
				  year or, in lieu of completing the outstanding continuing education
				  requirements, successfully complete all sections of the current registration
				  examination during the five (5) years immediately preceding the return to
				  active status; and
(3) pay a fee as
				  prescribed by the Board.
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 3.69 - Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  the purposes of this Section, the following definitions shall apply:
(1) Approved Subject Areas - The following
				  are the Approved Subject Areas for qualifying continuing education:
(A) Building codes;
(B) Code of ethics;
(C) Codes, acts, laws, and regulations
				  governing the practice of Landscape Architecture;
(D) Construction administration, including
				  construction contracts;
(E)
				  Construction documents;
(F) Design
				  of environmental systems;
(G)
				  Environmental process and analysis;
(H) Erosion control methods;
(I) Grading;
(J) Horticulture;
(K) Irrigation methods;
(L) Land planning and land use analysis;
(M) Landscape preservation,
				  landscape restoration and adaptive reuse;
(N) Lateral forces;
(O) Natural hazards - impact of earthquake,
				  hurricane, fire, or flood related to site design;
(P) Pedestrian and vehicular circulation;
(Q) Planting design;
(R) Resource conservation and management;
(S) Roadway design principles;
(T) Site accessibility, including
				  Americans with Disabilities Act standards for accessible site design;
(U) Site and soils analysis;
(V) Site design and engineering,
				  including materials, methods, technologies, and applications;
(W) Site security and safety;
(X) Storm water management, surface and
				  subsoil drainage;
(Y) Structural
				  systems considerations;
(Z)
				  Surveying methods and techniques as they affect Landscape Architecture;
(AA) Sustainable design, including
				  techniques related to energy efficiency;
(BB) Use of site materials and methods of
				  site construction;
(CC) Vegetative
				  management;
(DD) Wetlands;
(EE) Zoning as it relates to the
				  improvement and/or protection of the public health, safety, and welfare;
(FF) Other matters of law and
				  ethics that contribute to the health, safety, and welfare of the public;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter E - FEES › Section 3.82 - Annual Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall
				  send an annual notice to each person who must pay a fee that is due annually.
				  Each annual notice shall be sent to the intended recipient's current address of
				  record. Every annual fee must be paid regardless of whether an annual notice is
				  received.
(b) Every Registrant must
				  pay his/her annual renewal fee on or before the designated expiration date of
				  the Registrant's certificate of registration. If a Registrant fails to pay
				  his/her annual renewal fee on or before the designated expiration date of the
				  Registrant's certificate of registration, the Board shall require that the
				  Registrant pay a penalty fee in addition to the registration renewal fee before
				  the registration may be renewed. A person whose certificate of registration has
				  expired may not engage in activities that require registration until the
				  certificate of registration has been renewed.
(c) If a Registrant fails to renew his/her
				  certificate of registration within 2 years after its designated expiration
				  date, the certificate of registration shall be cancelled by operation of law
				  without the opportunity for a formal hearing. The Board shall send a notice of
				  pending cancellation to a Registrant who fails to renew his/her certificate of
				  registration within 2 years after its designated expiration date. The notice
				  shall be sent to the Registrant's current address of record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter F - LANDSCAPE ARCHITECT'S SEAL › Section 3.101 - Seal Required

Current through Reg. 49, No. 28; July 12, 2024
As provided below, a Landscape Architect may not issue or
					 authorize the issuance of a document regulated by this Subchapter unless,
					 pursuant to the requirements of this Subchapter, the document is:
(1) sealed, signed, and dated, pursuant to
				  Subsection 3.103(a), thereby indicating that it may be used for regulatory
				  approval, permitting, or construction; or
(2) labeled with the Landscape Architect's
				  name and the date and clearly marked to indicate that it may not be used for
				  regulatory approval, permitting, or construction pursuant to Subsection
				  3.103(b).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter F - LANDSCAPE ARCHITECT'S SEAL › Section 3.102 - Type and Design

Current through Reg. 49, No. 28; July 12, 2024
(a) On every
				  document requiring a Landscape Architect's seal, the Landscape Architect shall
				  affix or cause the affixation of a seal that will produce a clearly visible and
				  legible image of the seal when the document is copied or reproduced. A
				  Landscape Architect may not affix or authorize the affixation of an impression
				  or embossing seal on a document requiring a seal unless the impression or
				  embossing seal will produce a clearly visible and legible image of the seal
				  when the document is copied or reproduced.
(b) The design of a Landscape Architect's
				  seal shall be the same as the design of the sample seal shown in this
				  Subsection except that the name of the Landscape Architect and the Landscape
				  Architect's registration number shall be substituted for the name and
				  registration number shown on the sample seal. The diameter of the seal shall be
				  no smaller than one and one-half (1.5) inches.
Attached
					 Graphic
(c) A
				  document regulated by this Subchapter may be issued electronically or in any
				  other format selected by the Landscape Architect whose seal and signature are
				  affixed to the document. A Landscape Architect's seal and signature and the
				  date of signing may be affixed electronically or through any other means
				  selected by the Landscape Architect as long as the seal, signature, and date
				  will produce a clearly visible and legible image on any copy or reproduction of
				  the document to which they are affixed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter F - LANDSCAPE ARCHITECT'S SEAL › Section 3.103 - Required Use of Seal and Retention of Sealed Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction Documents
(1) On every Construction Document prepared
				  by a Landscape Architect or under a Landscape Architect's Supervision and
				  Control, the Landscape Architect shall affix or cause the affixation of:
(A) the Landscape Architect's seal;
(B) the Landscape Architect's signature
				  (across the face of the seal's image or directly under or adjacent to the
				  seal's image); and
(C) the date of
				  signing (including the month, day, and year) before the Construction Document
				  is issued by or under the authority of the Landscape Architect.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter F - LANDSCAPE ARCHITECT'S SEAL › Section 3.104 - Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in Subsection 3.105, a
				  Landscape Architect may not affix or authorize the affixation of his/her seal
				  to any document unless the document was prepared by the Landscape Architect or
				  under the Landscape Architect's Supervision and Control.
(b) If only a portion of a document was
				  prepared by a Landscape Architect or under a Landscape Architect's Supervision
				  and Control, the Landscape Architect's seal may not be affixed to the document
				  unless:
(1) the portion of the document
				  prepared by the Landscape Architect or under the Landscape Architect's
				  Supervision and Control is clearly identified; and
(2) it is clearly indicated on the document
				  that the Landscape Architect's seal applies only to that portion of the
				  document prepared by the Landscape Architect or under the Landscape Architect's
				  Supervision and Control.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter F - LANDSCAPE ARCHITECT'S SEAL › Section 3.105 - Prototypical Design

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape
				  Architect may not affix or authorize the affixation of the Landscape
				  Architect's seal to a Prototypical Construction Document derived from a
				  Prototypical design prepared by another person unless:
(1) the Landscape Architect thoroughly
				  reviews and makes appropriate changes to all aspects of the Prototypical design
				  to adapt the Prototypical design to the specific site and ensure compliance
				  with all applicable statutes, codes, and other regulatory provisions;
(2) the Landscape Architect affixes or causes
				  the affixation of the Landscape Architect's seal and signature and the date of
				  signing to each sheet or electronic equivalent of a sheet of the adapted
				  Prototypical Construction Documents in the manner described in Subsection
				  3.103(a); and
(3) the Landscape
				  Architect accepts full responsibility for each sheet or electronic equivalent
				  of a sheet of the adapted Prototypical Construction Documents on which the
				  Landscape Architect's seal is placed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter F - LANDSCAPE ARCHITECT'S SEAL › Section 3.106 - Other Professional Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A Landscape Architect shall provide a written statement of jurisdiction to each
				  client for whom the Landscape Architect renders a landscape architectural
				  service in Texas.
(b) The statement
				  of jurisdiction shall:
(1) state that "The
				  Texas Board of Architectural Examiners has jurisdiction over complaints
				  regarding the professional practices of persons registered as landscape
				  architects in Texas";
(2) include
				  the Board's current mailing address and telephone number; and
(3) be placed within every written contract
				  for landscape architectural services.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 3.121 - General

Current through Reg. 49, No. 28; July 12, 2024
In carrying out its responsibility to insure strict
					 enforcement of the Landscape Architects' Registration Law (the Act), the Board
					 may investigate circumstances which appear to violate or abridge the
					 requirements of the Act or the rules dealing with the practice of Landscape
					 Architecture and the use of the term "landscape architect," the term "landscape
					 architectural," the term "landscape architecture," or any similar term. The
					 Board may also investigate representations which imply that a person or a
					 business entity is legally authorized to offer or provide landscape
					 architectural services to the public. Violations of the Act or the rules which
					 cannot be readily resolved through settlement shall be disposed of by
					 administrative, civil, or criminal proceedings as authorized by
					 law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 3.122 - Association

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape Architect or a Principal, on
				  behalf of a Landscape Architecture firm, who forms a business association to
				  jointly provide landscape architectural services with any Nonregistrant who is:
(1) not an employee of the Landscape
				  Architect or Landscape Architecture firm;
(2) not a client of the Landscape Architect
				  or Landscape Architecture firm; and
(3) not a subcontractor nor a consultant of
				  the Landscape Architect or Landscape Architecture firm under contract with a
				  client except as described in subsection (e) of this section shall, prior to
				  providing such services on behalf of the business association, enter into a
				  written agreement of association with the Nonregistrant whereby the Landscape
				  Architect or the Landscape Architecture firm agrees to be responsible for the
				  preparation of all Construction Documents issued by the association.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 3.123 - Titles

Current through Reg. 49, No. 28; July 12, 2024
(a) Landscape Architects duly registered in
				  Texas are authorized to use the term "landscape architect," the term "landscape
				  architectural," the term "landscape architecture," and any similar term to
				  describe themselves and to describe services they offer and perform in
				  Texas.
(b) A firm, partnership,
				  corporation, or other business association may use the term "landscape
				  architect," the term "landscape architectural," the term "landscape
				  architecture," or any similar term in its name or to describe services it
				  offers or performs in Texas only under the following conditions:
(1) The business employs at least one
				  Landscape Architect on a full-time basis or associates with at least one
				  Landscape Architect pursuant to the provisions of § 3.122; and
(2) The Landscape Architect(s) employed by or
				  associated with the business pursuant to subsection (b)(1) of this section
				  exercise Supervision and Control over all landscape architectural services
				  performed by Nonregistrants on behalf of the business.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter G - COMPLIANCE AND ENFORCEMENT › Section 3.124 - Business Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape
				  Architecture firm or other business entity that offers or provides landscape
				  architectural services in Texas must annually register information regarding
				  the firm or business entity with the Board, including an email address to which
				  all TBAE correspondence will be sent.
(b) A Landscape Architect or a Landscape
				  Architecture firm which enters into an agreement to create a business
				  association pursuant to §
										3.122 of
				  this title (relating to Association) shall annually register the association
				  with the Board, including an email address to which all TBAE correspondence
				  will be sent.
(c) If a Landscape
				  Architecture firm, business entity, or association dissolves or otherwise
				  becomes unable to lawfully offer or provide Landscape Architecture services in
				  Texas, the Landscape Architecture firm, business entity, or association shall
				  so notify the Board in writing. Such notification must be postmarked or
				  otherwise provided within 30 days of the date of dissolution or the date the
				  Landscape Architecture firm, business entity, or association became unable to
				  lawfully offer or provide Landscape Architecture services. Such a Landscape
				  Architecture firm, business entity, or association may not continue to offer or
				  provide Landscape Architecture services unless it employs or contracts with a
				  Landscape Architect to offer or provide service and updates its registration
				  within that 30 day period.
(d) A
				  Landscape Architect who is a sole practitioner doing business under his/her
				  name, which is registered with the Board, is exempt from the requirements of
				  subsections (a) - (c) of this section.
(e) Each registered Landscape Architecture
				  firm, business entity, or association shall annually renew its unexpired
				  registration and pay a renewal fee not later than the anniversary of the date
				  of its initial registration. Each registered Landscape Architecture firm,
				  business entity, and association shall pay a registration renewal fee to renew
				  an expired registration in an amount equal to 1-1/2 times the normally required
				  renewal fee if the registration has been expired for 90 days or less and in an
				  amount equal to twice the normally required renewal fee if the registration has
				  been expired for longer than 90 days. A firm, business entity, or association
				  which offers or renders two or more professional disciplines regulated by the
				  Board shall pay a single registration fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.141 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules of professional conduct are
				  promulgated pursuant to the Landscape Architects' Registration Law (the Act),
				  Chapters 1051 and 1052, Texas Occupations Code which directs the Board to make
				  all rules consistent with the laws and constitution of Texas which are
				  reasonably necessary for the regulation of the practice of landscape
				  architecture and the enforcement of the Act. Except as otherwise noted, these
				  rules of professional conduct apply only to situations which are directly or
				  indirectly related to the practice of landscape architecture.
(b) The Board may revoke, suspend, or refuse
				  to renew a Landscape Architect's certificate of registration, place on
				  probation a Landscape Architect whose certificate of registration has been
				  suspended, reprimand a Landscape Architect, or assess an administrative penalty
				  against a Landscape Architect for a violation of any provision of these rules
				  of professional conduct or other provisions of the Rules and Regulations of the
				  Board or the Act. The Board also may take action against an Applicant pursuant
				  to section 3.151. A single instance of misconduct may be grounds for
				  disciplinary action by the Board.
(c) Upon a finding of professional
				  misconduct, the Board shall consider the following factors in determining an
				  appropriate sanction or sanctions:
(1) the
				  seriousness of the conduct, including the hazard or potential hazard to the
				  health or safety of the public;
(2)
				  the economic damage or potential damage to property caused by the
				  misconduct;
(3) the respondent's
				  history concerning previous grounds for sanction;
(4) the sanction necessary to deter future
				  misconduct;
(5) efforts to correct
				  the misconduct; and
(6) any other
				  matter justice may require.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.142 - Competence

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape Architect shall undertake to
				  perform a professional service only when the Landscape Architect, together with
				  those whom the Landscape Architect shall engage as consultants, is qualified by
				  education and/or experience in the specific technical areas involved. During
				  the delivery of a professional service, a Landscape Architect shall act with
				  reasonable care and competence and shall apply the technical knowledge and
				  skill which is ordinarily applied by reasonably prudent landscape architects
				  practicing under similar circumstances and conditions.
(b) A Landscape Architect shall not affix
				  his/her signature or seal to any landscape architectural plan or document
				  dealing with subject matter in which he/she is not qualified by education
				  and/or experience to form a reasonable judgment.
(c) "Gross Incompetency" shall be grounds for
				  disciplinary action by the Board. A Landscape Architect may be found guilty of
				  "Gross Incompetency" under any of the following circumstances:
(1) the Landscape Architect has engaged in
				  conduct that provided evidence of an inability or lack of skill or knowledge
				  necessary to discharge the duty and responsibility required of a Landscape
				  Architect;
(2) the Landscape
				  Architect engaged in conduct which provided evidence of an extreme lack of
				  knowledge of, or an inability or unwillingness to apply, the principles or
				  skills generally expected of a reasonably prudent landscape architect under the
				  same or similar circumstances and conditions;
(3) the Landscape Architect has been
				  adjudicated mentally incompetent by a court; or
(4) pursuant to §
											3.150(b)
				  of this title (relating to Substance Abuse).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.143 - Recklessness

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape Architect shall not practice
				  landscape architecture in any manner which, when measured by generally accepted
				  landscape architectural standards or procedures, is reasonably likely to result
				  or does result in the endangerment of the safety, health, or welfare of the
				  public.
(b) "Recklessness" shall be
				  grounds for disciplinary action by the Board. "Recklessness" shall include the
				  following practices:
(1) conduct which
				  indicates that the Landscape Architect is aware of yet consciously disregards a
				  substantial risk of such a nature that its disregard constitutes a significant
				  deviation from the standard of care that a reasonably prudent landscape
				  architect would exercise under the circumstances;
(2) knowing failure to exercise ordinary care
				  and attention toward the intended result when a procedure, technique, material,
				  or system is employed as a result of a decision made by the Landscape Architect
				  and such failure jeopardizes any person's health, safety, or welfare;
				  or
(3) action which demonstrates a
				  conscious disregard for compliance with a statute, regulation, code, ordinance,
				  or recognized standard applicable to the design or construction of a particular
				  project when such disregard jeopardizes any person's health, safety, or
				  welfare.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.144 - Dishonest Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape
				  Architect may not directly or indirectly perform an act, omit an act or allow
				  an omission, make an assertion, or otherwise engage in a practice with the
				  intent to:
(1) defraud;
(2) deceive; or
(3) create a misleading impression.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.145 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) If a Landscape
				  Architect has any business association or financial interest which might
				  reasonably appear to influence the Landscape Architect's judgment in connection
				  with the performance of a professional service and thereby jeopardize an
				  interest of the Landscape Architect's current or prospective client or
				  employer, the Landscape Architect shall promptly inform the client or employer
				  in writing of the circumstances of the business association or financial
				  interest.
(b) A Landscape Architect
				  shall not solicit or accept, directly or indirectly, any financial or other
				  valuable consideration, material favor, or other benefit of any substantial
				  nature, financial or otherwise, from more than one party in connection with a
				  single project or assignment unless the circumstances are fully disclosed in
				  writing to all parties.
(c) A
				  Landscape Architect shall not solicit or accept, directly or indirectly, any
				  financial or other valuable consideration, material favor, or other benefit of
				  any substantial nature from any supplier of materials or equipment or from any
				  contractor or any consultant in connection with any project on which the
				  Landscape Architect is performing or has contracted to perform landscape
				  architectural services unless the circumstances are fully disclosed in writing
				  to all parties.
(d) The phrase
				  "benefit of any substantial nature" is defined to mean any act, article, money,
				  or other material consideration which is of such value or proportion that its
				  acceptance creates an obligation or the appearance of an obligation on the part
				  of the Landscape Architect or otherwise could adversely affect the Landscape
				  Architect's ability to exercise his/her own judgment without regard to such
				  benefit.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.146 - Responsibility to the Landscape Architectural Profession

Current through Reg. 49, No. 28; July 12, 2024
(a) A Landscape Architect shall not:
(1) knowingly participate, directly or
				  indirectly, in any plan, scheme, or arrangement having as its purpose the
				  violation of any provision of the Act or any provision of the Rules and
				  Regulations of the Board;
(2) aid
				  or abet, directly or indirectly:
(A) any
				  unregistered person in connection with the unauthorized practice of landscape
				  architecture;
(B) any business
				  entity in the practice of landscape architecture unless carried on in
				  accordance with the Act; or
(C) any
				  person or any business entity in the use of a professional seal or other
				  professional identification so as to create the opportunity for the
				  unauthorized practice of landscape architecture by any person or any business
				  entity;
(3) fail to
				  exercise reasonable care or diligence to prevent his/her partners, associates,
				  shareholders, and employees from engaging in conduct which, if done by him/her,
				  would violate any provision of the Act or any provision 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 H - PROFESSIONAL CONDUCT › Section 3.148 - Prevention of Unauthorized Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Landscape Architect shall not practice or offer to practice landscape
				  architecture in any governmental jurisdiction in which to do so would be in
				  violation of a law regulating the practice of landscape architecture in that
				  jurisdiction.
(b) The revocation,
				  suspension, refusal to renew, or denial of a registration to practice landscape
				  architecture in another jurisdiction shall be sufficient cause for the
				  revocation, suspension, refusal to renew, or denial of a registration to
				  practice landscape architecture in the State of Texas.
(c) A Landscape Architect who fails to renew
				  his/her certificate of registration prior to its annual expiration date shall
				  not use the term "landscape architect," the term "landscape architectural," the
				  term "landscape architecture," or any similar term and shall not practice
				  Landscape Architecture until after the Landscape Architect's certificate of
				  registration has been properly renewed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.149 - Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Chapter
				  53, Texas
				  Occupations Code and §
										2005.052, Texas
				  Government Code, the Board may suspend or revoke an existing certificate of
				  registration, disqualify a person from receiving a certificate of registration,
				  issue a provisional license subject to the terms and limitations of §
										3.27 of
				  this chapter (relating to Provisional Licensure), or deny to a person the
				  opportunity to be examined for a certificate of registration because of the
				  person's conviction for committing an offense if:
(1) the offense directly relates to the
				  duties and responsibilities of a Landscape Architect;
(2) the offense is listed in Article
				  42A.054,
				  Texas Code of Criminal Procedure; or
(3) the offense is a sexually violent
				  offense, as defined by Article
				  62.001,
				  Texas Code of Criminal Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.150 - Substance Abuse

Current through Reg. 49, No. 28; July 12, 2024
(a) If in the
				  course of a disciplinary proceeding, it is found by the Board that a Landscape
				  Architect's abuse of alcohol or a controlled substance, as defined by the Texas
				  Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to
				  a violation of the Act or the Rules and Regulations of the Board, the Board may
				  condition its disposition of the disciplinary matter on the Landscape
				  Architect's completion of a rehabilitation program approved by the Texas
				  Commission on Alcohol and Drug Abuse that may include rehabilitation at a
				  facility also approved by the Commission.
(b) A Landscape Architect's abuse of alcohol
				  or a controlled substance that results in the impairment of the Landscape
				  Architect's professional skill so as to cause a direct threat to the property,
				  safety, health, or welfare of the public may be deemed "Gross Incompetency" and
				  may be grounds for the indefinite suspension of a Landscape Architect's
				  certificate of registration until such time as he or she is able to demonstrate
				  to the Board's satisfaction that the reasons for suspension no longer exist and
				  that the termination of the suspension would not endanger the public.
(c) In order to determine whether abuse of
				  alcohol or a controlled substance contributed to a violation or has resulted in
				  "gross incompetency," the Board may order an examination by one or more health
				  care providers trained in the diagnosis or treatment of substance
				  abuse.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.151 - Effect of Enforcement Proceedings on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The application of an Applicant against
				  whom the Board has initiated an enforcement proceeding may be held at the
				  Board's discretion, without approval, disapproval, or denial until:
(1) all enforcement proceedings have been
				  terminated by a final judgment or order and the time for appeal has expired, or
				  if an appeal is taken, such appeal has been terminated;
(2) the Applicant is in full compliance with
				  all orders and judgments of the court, all orders and rules of the Board, and
				  all provisions of the Act; and
(3)
				  the Applicant has complied with all requests of the Board for information
				  related to such compliance, upon which the Board shall complete the
				  consideration of the application in the regular order of business.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter H - PROFESSIONAL CONDUCT › Section 3.153 - Deferred Adjudication

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  §
										3.27 and
				  §
										3.149 of
				  this chapter (relating to Provisional Licensure and Criminal Convictions), a
				  person is not convicted for committing a criminal offense if:
(1) the person entered a plea of guilty or
				  nolo contendere;
(2) the court
				  deferred further proceedings without entering an adjudication of guilt and
				  placed the person under the supervision of the court or an officer of the
				  court; and
(3) at the conclusion of
				  a period of supervision, the judge dismissed the proceedings and discharged the
				  person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.161 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall provide a system of procedures for the
					 initiation, investigation, prosecution, hearing and resolution of disciplinary
					 matters and allegations involving persons who are subject to the jurisdiction
					 of the Texas Board of Architectural Examiners.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.162 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) In computing
				  any period of time prescribed by this subchapter, by order of the Board, or by
				  other applicable statutory provision or rule, the period shall begin on the day
				  after the act or the event considered and conclude at the end of the last day
				  of such period unless the last day falls on a Saturday, Sunday, or official
				  national or Texas state holiday, in which case the period shall run until the
				  end of the next day which is not a Saturday, Sunday, or official national or
				  Texas state holiday.
(b) A person
				  shall be presumed to have received all pleadings and other notices upon a
				  showing that such materials were sent to the respondent's last known address;
				  the materials were sent by United States mail, first class postage prepaid; a
				  return address was affixed to the exterior of the mailing materials and the
				  materials were not returned; and in excess of seven days has elapsed from
				  placement of the materials into the United States mail.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.164 - Initiating a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board
				  may initiate a Contested Case proceeding in response to:
(1) a written complaint filed by a member of
				  the public;
(2) information
				  provided in a registration application or renewal form; or
(3) other information known to the Board
				  which establishes probable cause.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.165 - Informal Disposition of a Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) A Contested Case may be resolved
				  informally at any time.
(b) If the
				  respondent agrees in writing to a settlement agreement and the Executive
				  Director executes the written settlement agreement, the settlement agreement
				  shall be presented to the Board for approval or rejection. The settlement
				  agreement must include written findings of fact and conclusions of law and may
				  be in the form of a consent order, letter of reprimand, or other format
				  approved by the Executive Director.
(c) If the Board rejects a settlement
				  agreement, the respondent shall have the opportunity to agree to alternative
				  settlement terms approved by the Board. If the respondent does not agree to
				  alternative settlement terms approved by the Board, the case shall be referred
				  to the State Office of Administrative Hearings for a formal hearing.
(d) If the respondent and the Executive
				  Director do not agree in writing to a settlement agreement, the case shall be
				  referred to the State Office of Administrative Hearings for a formal
				  hearing.
(e) An informal
				  disposition may be made of a Contested Case by default. Default occurs whenever
				  a respondent neither answers nor makes other written response to the filing of
				  a Complaint or Petition at the State Office of Administrative Hearings alleging
				  a violation of any law or rule over which TBAE possesses jurisdiction. Default
				  also occurs if the respondent fails to appear at a scheduled and properly
				  noticed hearing to be conducted by the State Office of Administrative
				  Hearings.
(f) The Board and the
				  Executive Director shall take into account the following factors when
				  considering a proposed settlement agreement:
(1) the nature, circumstances, extent, and
				  gravity of any relevant act or omission;
(2) the hazard or potential hazard to the
				  health, safety and welfare of the public;
(3) the economic harm resulting from the
				  conduct;
(4) the respondent's
				  history concerning any previous ground for sanction;
(5) the severity of penalty necessary to
				  effectuate specific and general deterrence;
(6) any effort by the respondent to take
				  prompt remedial action;
(7) the
				  economic benefit gained by the respondent as a result of the conduct;
(8) any other matter justice may require;
				  and
(9) when considering a referral
				  from the Texas Department of Licensing and Regulation, in addition to the
				  factors described in this subsection, the Board shall consider the actual
				  number of days that the submission was late.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.166 - 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.167 - 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.168 - 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.