reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.169 - 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.170 - Referrals from the Texas Department of Licensing and Regulation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a Landscape 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
				  Landscape Architect.
(b) A
				  Landscape 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.171 - Responding to Request for Information

Current through Reg. 49, No. 28; July 12, 2024
A Landscape 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.172 - 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 are 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.173 - Violation By One Not a Landscape Architect

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person who is not a Landscape 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.174 - 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.175 - 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 Landscape 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 a Landscape 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 Landscape Architect under
				  similar circumstances.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.176 - 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.177 - 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 paragraph (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 or 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 3 - LANDSCAPE ARCHITECTS › Subchapter I - DISCIPLINARY ACTION › Section 3.178 - 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 3 - LANDSCAPE ARCHITECTS › Subchapter J - TABLE OF EQUIVALENTS FOR EXPERIENCE IN LANDSCAPE ARCHITECTURE › Section 3.191 - Description of Experience Required for Registration by Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
										3.21
				  of this chapter, an applicant for landscape architectural registration by
				  examination must successfully demonstrate that the Applicant has gained at
				  least 3,640 hours of experience in accordance with the following table:
Attached Graphic
(b) An Applicant must earn at
				  least 1,820 hours of credit under the conditions described in category
				  LA-1.
(c) In order to earn credit
				  in category LA-4, an Applicant must teach subjects that are directly related to
				  the practice of landscape architecture. An Applicant may earn 1,820 hours of
				  credit under this section by teaching for twenty (20) semester credit hours or
				  thirty (30) quarter credit hours.
(d) An Applicant may not earn credit for
				  experience gained prior to the date the Applicant successfully earned a high
				  school diploma or completed an established equivalent.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter J - TABLE OF EQUIVALENTS FOR EXPERIENCE IN LANDSCAPE ARCHITECTURE › Section 3.192 - Other Experience

Current through Reg. 49, No. 28; July 12, 2024
An Applicant may earn credit for experience other than
					 under the conditions described in Section
					 3.191
					 of this subchapter if the Board considers such experience to be substantially
					 equivalent to the experience described therein. For purposes of this
					 subsection, education may be considered as experience.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 3 - LANDSCAPE ARCHITECTS › Subchapter K - HEARINGS-CONTESTED CASES › Section 3.231 - 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 3 - LANDSCAPE ARCHITECTS › Subchapter K - HEARINGS-CONTESTED CASES › Section 3.232 - 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 limited to matters contained in 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 3 - LANDSCAPE ARCHITECTS › Subchapter K - HEARINGS-CONTESTED CASES › Section 3.233 - 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 Landscape 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 3 - LANDSCAPE ARCHITECTS › Subchapter K - HEARINGS-CONTESTED CASES › Section 3.234 - 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
				  § 3.232; or
(E) would likely
				  engage in the practice of Landscape Architecture in a manner that does not
				  comply with a standard or practice normally followed by a reasonably prudent
				  Landscape Architect under the same or similar circumstances.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter A - SCOPE; DEFINITIONS › Section 5.1 - 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 Interior Designers'
					 Registration Law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.31 - Registration by Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  obtain Interior Design registration by examination in Texas, an Applicant shall
				  demonstrate that the Applicant has satisfied the educational and professional
				  experience eligibility requirements adopted by the Council for Interior Design
				  Qualification (CIDQ) to sit for the NCIDQ examination, and shall successfully
				  complete the NCIDQ examination or a predecessor or other examination deemed
				  equivalent by CIDQ as more fully described in Subchapter C of this
				  chapter.
(b) Alternatively, prior
				  to December 31, 2018, an Applicant may obtain Interior Design registration by
				  examination by successfully completing the Architectural Registration
				  Examination or another examination deemed equivalent by NCARB after fulfilling
				  the prerequisites of §
										1.21
				  and §
										1.41 of
				  this title relating to Board approval to take the Architectural Registration
				  Examination for architectural registration by examination. This subsection is
				  repealed effective January 1, 2019.
(c) An Applicant for Interior Design
				  registration by examination who, as of January 1, 2018, has been approved to
				  take the examination by the Board and has paid all application maintenance fees
				  associated with the application, may qualify for registration by successfully
				  completing the NCIDQ or other qualifying examination and satisfying:
(1) the educational and professional
				  experience required by CIDQ to sit for its examination; or
(2) the educational and professional
				  experience requirements adopted by the Board and in effect at the time the
				  application was filed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.32 - Registration by Reciprocal Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person may apply for Interior Design registration by reciprocal transfer if the
				  person holds an Interior Design 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.33 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant
				  for Interior Design registration by examination or by reciprocal transfer must
				  apply for registration by submitting to the Board's office a completed
				  registration application and all required supporting documentation.
(b) Prior to filing an application for
				  registration by examination, an Applicant must:
(1) satisfy the educational and professional
				  experience eligibility requirements adopted by the Council for Interior Design
				  Qualification (CIDQ) to sit for the NCIDQ examination; and
(2) be approved by CIDQ to sit for the
				  examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.35 - 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 years from the date it is received by the Board. After three years, the
				  Board may require the Applicant or Candidate to update the application or
				  reapply.
(b) Each Applicant must
				  pay an annual record maintenance fee as prescribed by the Board or the
				  application file will be closed. An Applicant 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 years or
				  longer may not be reopened.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.36 - 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 a qualifying Interior Design 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 §
										5.158 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.37 - 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 Applicant who has been convicted of an
				  offense that:
(1) is not directly related to
				  the Practice of Interior Design as determined by the executive director under
				  §
											5.158 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.38 - 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 5.39 - 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter C - EXAMINATION › Section 5.51 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant for Interior Design
				  registration by examination in Texas must meet the eligibility and application
				  requirements contained in §
										5.33(b) and
				  (c) of this chapter, and successfully
				  complete all sections of the NCIDQ examination or a predecessor or other
				  examination deemed equivalent by the Council for Interior Design Qualification
				  (CIDQ). Alternatively, prior to December 31, 2018, an applicant may obtain
				  Interior Design registration by examination by successfully completing all
				  sections of the Architectural Registration Examination (ARE), or another
				  examination NCARB deems equivalent to the ARE, after fulfilling the
				  requirements of §
										1.21
				  and §
										1.41 of
				  this title relating to Board approval to take the ARE for architectural
				  registration by examination.
(b)
				  Each Applicant must achieve a passing score in each division of the NCIDQ
				  examination. Scores from individual divisions may not be averaged to achieve a
				  passing score.
(c) An examination
				  fee may be refunded as follows:
(1) The
				  application fee paid to the Board is not refundable or transferable.
(2) The Board, on behalf of an examinee, may
				  request a refund of a portion of the examination fee paid to CIDQ for
				  scheduling all or a portion of the registration examination. A charge for
				  refund processing may be withheld by CIDQ. Refunds of examination fees are
				  subject to the following conditions:
(A) An
				  examinee, 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
				  examinee or a member of the examinee'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 examinee. Any other extreme
				  hardship may be considered on a case-by-case basis.
(B) A written request for a refund based on
				  extreme hardship must be submitted not later than thirty (30) days after the
				  date the examination or portion of the examination was scheduled or intended to
				  be scheduled. Documentation of the extreme hardship that precluded the examinee
				  from scheduling or taking the examination must be submitted by the examinee as
				  follows:
(i) Illness: verification from a
				  physician who treated the illness.
(ii) Accident: a copy of an official accident
				  report.
(iii) Death: a copy of a
				  death certificate or newspaper obituary.
(C) Approval of the request and refund of the
				  fee or portion of the fee by CIDQ.
(3) An examination fee may not be transferred
				  to a subsequent examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter C - EXAMINATION › Section 5.52 - Examination Administration and Scoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An Applicant must apply for Interior Design registration by examination as
				  described in §
										5.33 of this
				  title (relating to Application Process).
(b) Unless otherwise noted in this chapter,
				  the administration and scoring of the NCIDQ examination shall be governed by
				  the procedures adopted by the Council for Interior Design Qualification (CIDQ).
The Board shall not review any NCIDQ examination score to
					 determine its validity.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter C - EXAMINATION › Section 5.53 - Scheduling of Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  qualify for registration by examination, an Applicant must schedule and pass
				  all sections of the NCIDQ within the time period required by the Council for
				  Interior Design Qualification (CIDQ).
(b) Notwithstanding subsection (a) of this
				  section, an Applicant described by §
										5.31(c)
				  of this chapter may schedule and pass all sections of the NCIDQ examination
				  within the time period:
(1) required by CIDQ;
				  or
(2) adopted by the Board and in
				  effect at the time the application was filed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter C - EXAMINATION › Section 5.55 - 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 examinee requesting an accommodation must
				  submit documentation regarding the existence of a disability and the reason the
				  requested accommodation is necessary to provide the examinee 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 examinee 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 examinee 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.71 - 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 Interior Designers'
				  Registration Law and the Rules and Regulations of the Board.
(b) Each certificate of registration issued
				  by the Board shall identify the Interior Designer by name and registration
				  number, indicate the effective date of the registration, and acknowledge the
				  Interior Designer's right to practice as a licensed Interior Designer in
				  Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.72 - Display of Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Registered
				  Interior Designer holding an active certificate of registration shall display
				  it at his/her office. If a Registered Interior Designer maintains an office in
				  more than one (1) location, the Registered Interior Designer 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 Registered Interior Designer 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.74 - Surrender of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered
				  Interior Designer may voluntarily surrender his/her registration by submitting
				  to the Board a written notice of the voluntary surrender that has been signed
				  by the Registered Interior Designer. 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 §
										5.76 of
				  this title (relating to Reinstatement).
(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
				  Registered Interior Designer or former Registered Interior Designer 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.75 - 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 Registered
				  Interior Designer. A Registered Interior Designer must notify the Board in
				  writing (email, fax, on the Board's Web site, or by U.S. mail) each time the
				  Registered Interior Designer's email address or mailing address of record
				  changes. The written notice of the Registered Interior Designer'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 Registered Interior Designer 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
				  or documentation requested by the annual registration renewal notice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.76 - Reinstatement

Current through Reg. 49, No. 28; July 12, 2024
(a) Once the Revocation or Surrender of a
				  Registered Interior Designer'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 used the
				  title "registered interior designer" in violation of the Interior Designers'
				  Registration Law 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; or
(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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.77 - Emeritus Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered
				  Interior Designer whose registration is in Good Standing may apply for emeritus
				  registration status on a form prescribed by the Board. In order for a
				  Registered Interior Designer to obtain emeritus status, the Registered Interior
				  Designer must demonstrate that:
(1) he/she
				  has been registered as a Registered Interior Designer 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.78 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A Registered
				  Interior Designer whose registration is in good standing may apply for Inactive
				  registration status on a form prescribed by the Board.
(b) An Inactive Registered Interior Designer
				  may not practice Interior Design. If an Inactive Registered Interior Designer
				  engages in the practice of Interior Design, the Inactive Registered Interior
				  Designer's registration may be suspended or revoked and the Inactive Registered
				  Interior Designer may be fined as allowed by the Interior Designers'
				  Registration Law for each day that the Inactive Registered Interior Designer
				  has engaged in the practice of Interior Design.
(c) An Inactive Registered Interior Designer
				  shall not use or display his/her Interior Design seal during any period that
				  his/her registration is Inactive.
(d) An Inactive Registered Interior Designer
				  shall pay an annual fee as prescribed by the Board.
(e) In order to return his/her registration
				  to active status, an Inactive Registered Interior Designer 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter D - CERTIFICATION AND ANNUAL REGISTRATION › Section 5.79 - 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) Legal: laws, codes, zoning, regulations,
				  standards, life-safety, accessibility, ethics, insurance to protect owners and
				  public.
(B) Technical: structural,
				  mechanical, electrical, communications, fire protection, controls.
(C) Environmental: energy efficiency,
				  sustainability, natural resources, natural hazards, hazardous materials,
				  weatherproofing, insulation.
(D)
				  Occupant Comfort: air quality, lighting, acoustics, ergonomics.
(E) Materials and Methods: building systems,
				  products, finishes, furnishings, equipment.
(F) Preservations: historic, reuse,
				  adaptation.
(G) Pre-design:
				  programming, project analysis, survey of existing conditions, including the
				  materials and configuration of the interior space of a project.
(H) Design: interior building design,
				  interior specifications, accessibility, safety, and security measures.
(I) Construction Documents:
				  drawings, specifications and other materials within the definition of the term
				  "Construction Document".
(J)
				  Construction Administration: contract, bidding, and contract negotiations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 5 - REGISTERED INTERIOR DESIGNERS › Subchapter E - FEES › Section 5.92 - 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 5 - REGISTERED INTERIOR DESIGNERS › Subchapter F - THE REGISTERED INTERIOR DESIGNER'S SEAL › Section 5.111 - Seal Required

Current through Reg. 49, No. 28; July 12, 2024
As provided in this section, a Registered Interior Designer
					 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 §
										5.113(a)
				  of this title (relating to Required Use of Seal and Retention of Sealed
				  Documents) thereby indicating that it may be used for regulatory approval,
				  permitting, or construction; or
(2)
				  labeled with the Registered Interior Designer's name and the date and clearly
				  marked to indicate that it may not be used for regulatory approval, permitting,
				  or construction pursuant to §
										5.113(b)
				  of this title.