15Feb2006… 0872h

11May2006… 2297eba

2006 SESSION

06-2621

10/01

HOUSE BILL 1458-FN

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes a board of landscape architects for the purpose of licensing and regulating landscape architects.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2006… 0872h

11May2006… 2297eba

06-2621

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

Be it Enacted by the Senate and House of Representatives in General Court convened:

246:1 Chapter Heading; Landscape Architects Added. The chapter heading preceding RSA 310-A is repealed and reenacted to read as follows:

PROFESSIONAL ENGINEERS, ARCHITECTS, LAND SURVEYORS,

PROFESSIONAL GEOLOGISTS, NATURAL SCIENTISTS,

FORESTERS, AND LANDSCAPE ARCHITECTS

246:2 Joint Board; Landscape Architects Added. Amend RSA 310-A:1 to read as follows:

310-A:1 Joint Board Established. There shall be a joint board of professional engineers, architects, land surveyors, foresters, professional geologists, [and] natural scientists, and landscape architects, consisting of each of the members of the board of professional engineers, board of architects, state board of licensure for land surveyors, foresters’ board, board of professional geologists, [and] the board of natural scientists, and the board of landscape architects. The joint board shall meet at least quarterly to carry out its duties established under this chapter.

246:3 New Subdivision; Licensing Landscape Architects. Amend RSA 310-A by inserting after section 139 the following new subdivision:

Licensing Landscape Architects

310-A:140 Objective. A landscape architect, regulated by this chapter, shall undertake to perform professional services only when the landscape architect is qualified by education, training, and experience in the specific technical areas involved.

310-A:141 Definitions. In this subdivision:

I. “Landscape architect” means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by licensing as a landscape architect.

II. “Landscape architectural practice” means the performance of professional services in connection with the development of land areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the setting, approaches or environment for structures of other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to erosion, wear and tear, blight or other hazards, to the extent that such services protect public health, safety and welfare. The practice of landscape architecture shall include the location, design, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph, but shall not include the design, assessment, analysis, or evaluation of structures or facilities with separate and self-contained purposes, streets or highways, utilities, storm and sanitary sewer systems and appurtenant structures, and water and sewage treatment facilities such as are exclusive to the practice of professional engineers, natural scientists, or architects as defined in this chapter. Furthermore, this practice shall not include the making of land surveys or final land plats for official approval or recording, the official mapping of soils, or the analysis, testing, and reporting of soil and bedrock conditions, delineation of wetlands or determination of soil, surface, or groundwater related to hazardous waste contamination. The practice of landscape architecture shall include:

(a) Production of graphic and written material for use in the planning and design of land development programs including:

(1) Preparation, review, and analysis of master plans and land development plans incidental to the practice of landscape architecture.

(2) Reconnaissance, planning, construction documents and specifications, and construction supervision incidental to the practice of landscape architecture.

(3) Providing professional services for feasibility studies and site selection incidental to the practice of landscape architecture.

(4) Providing professional advice on land preservation, restoration, conservation, reclamation, rehabilitation, management, and development incidental to the practice of landscape architecture

(b) Consultation, research, stewardship, analysis, investigation, reconnaissance, and construction overview.

III. “Board” means the board of landscape architects.

IV. “Business organization” means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization; organized for gain or profit, carrying on any business activity within the state.

310-A:142 Board of Landscape Architects; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster.

I. A board of landscape architects is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 4 of whom shall be landscape architects, and one public member. The public member of the board shall be a person who is not, and never was, a member of the landscape architectural profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of landscape architectural services or an activity directly related to landscape architecture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.

II. Each member of the board shall be a citizen of the United States and a resident of this state. Each landscape architect member shall have actively practiced landscape architecture for his or her means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of landscape architecture.

III. Members shall be appointed for 5-year terms, except that no more than one appointed member’s term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member’s term, the member shall serve until a successor is qualified and appointed. The successor’s term shall be 5 years from the date of expiration of the predecessor’s appointment, regardless of the date of the successor’s appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.

IV. Members of the board shall receive $25 for each day actually engaged in the duties of their office and shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this subdivision.

V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. Three members shall constitute a quorum.

VI.(a) The board shall keep a record of its proceedings and a register of all applications for licensure, which shall show:

(1) The name, age, and residence of each applicant.

(2) The date of application.

(3) The place of business of such applicant.

(4) The applicant’s educational and other qualifications.

(5) Whether or not an examination was required.

(6) Whether the applicant was rejected and the reasons for such rejection.

(7) Whether a license was granted.

(8) The date of the action of the board.

(9) Such other information as may be deemed necessary by the board.

(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. Biennially, as of December 31, the board shall submit to the governor a report of the transactions of the preceding biennium, and a complete statement of the receipts and expenditures of the board.

VII. The secretary of the board shall publish a roster listing the names and addresses of all landscape architects licensed under this subdivision by the board during February of each even-numbered year. Copies of this roster shall be mailed to each person so licensed, placed on file with the secretary of state, and furnished to the public upon request at a fee to be established by the board. The board may include in such roster any other information it deems appropriate.

310-A:143 Rulemaking Authority.

I. The board shall adopt rules, pursuant to RSA 541-A, relative to:

(a) The application procedure for a license to practice under this subdivision;

(b) The qualifications of applicants in addition to those requirements set by statute, and including the qualifications for satisfactory evidence of good professional character;

(c) How an applicant shall be examined, including the time and place of the examination;

(d) How a license to practice under this subdivision shall be renewed or reinstated, including late fees and any requirements for continuing education;

(e) The establishment of all fees required under this subdivision;

(f) Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards;

(g) Matters related to the proper administration of this subdivision;

(h) Procedures for the conduct of hearings consistent with the requirements of due process;

(i) The design of an official seal; and

(j) Application procedures for and issuance of corporate practice certificates.

II. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules of professional conduct, or amendments thereto, to all affected professionals licensed by the board.

310-A:144 Fees. The board shall adopt rules, under RSA 541-A, which shall establish all fees required under this subdivision including the following:

I. Examinations.

II. Application for licensure upon passing the examination.

III. Application for a license under RSA 310-A:149.

IV. Biennial renewal for licensed landscape architects.

V. Late fees for a late renewal of license.

VI. Replacement of a lost or mutilated license.

VII. Transcribing and transferring records and other services.

VIII. Reinstatement fees.

310-A:145 Licensure Required. No person shall practice landscape architecture in this state, except as permitted in RSA 310-A:160, without a landscape architect’s license issued under this subdivision.

310-A:146 Eligibility Requirements for Licensure as a Landscape Architect.

I. Each applicant for licensure as a landscape architect shall meet one of the following requirements:

(a) Possession of an accredited 4-year landscape architecture degree or equivalent, and 3 years professional experience under the direct supervision of a licensed landscape architect; or

(b) Possession of a non-accredited 4-year landscape architecture degree or a 4-year degree in a related field and 5 years professional experience, 3 of which shall be under the direct supervision of a licensed landscape architect; or

II. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:

(a) Conviction for commission of a felony;

(b) Misstatement of facts by the applicant in connection with the application;

(c) Violation of any of the standards of conduct required of landscape architects as they are set forth in this subdivision or in rules adopted by the board; or

(d) Practicing landscape architecture without being licensed in violation of laws of the jurisdiction in which the practice took place.

III. Upon complying with the preliminary requirements set forth in this section, the applicant shall, in order to become licensed, pass written examinations as provided in RSA 310-A:151, except as otherwise provided in RSA 310-A:153.

IV. Following the effective date of the initial adoption by the board of rules under RSA 541-A, the board may issue licenses to applicants whose applications for licensure have been received during a one-year period following the effective date of adoption of the rules, who provide evidence satisfactory to the board of knowledge and experience equivalent to the requirements set forth in subparagraphs I(a) or (b), and who meet the examination requirements of RSA 310-A:151.

310-A:147 Teaching Credits. In considering the qualifications of applicants, landscape architectural teaching may be construed as landscape architectural experience.

310-A:148 Work as Contractor. The mere execution, as a contractor, of work designed by a landscape architect or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be experience in landscape architecture.

310-A:149 Applications.

I. Applications for licensure shall be on forms prescribed and furnished by the board, shall contain statements made under oath, showing the applicant’s education and a detailed summary of the applicant’s technical work, and shall contain not less than 5 references, of whom at least 3 shall be licensed landscape architects having personal knowledge of the applicant’s professional experience. The board shall establish fees for application and any examination required under this subdivision. Should the board deny the issuance of a license to any applicant, any initial fee deposited shall be retained as an application fee.

II. References relating to experience in the practice of landscape architecture performed prior to the effective date of this subdivision may be provided by either a landscape architect or a person determined by the board to be of equivalent ethical standards, education, and experience who may or may not have been licensed.

310-A:150 Continuing Education. Evidence satisfactory to the board of the completion in each biennial renewal period of a minimum of 30 hours of continuing education shall be required for license renewal. The board shall identify the types of educational courses and activities that would further the professional competence of licensees. In general, the continuing education credits shall be determined on the basis of one credit for each contact hour of course instruction or professional development activity actually attended by a licensee.

310-A:151 Examinations. Written technical examination in landscape architecture shall be held at least annually at such times and places as the board shall determine. The scope of the technical and professional examination and the methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination upon payment of an additional fee determined by the board and shall be reexamined on the next regularly scheduled examination date.

310-A:152 Certificates; Seals. The board shall issue a license upon payment of the license fee established by the board, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee, have a serial number, and be signed by the chairperson and the secretary of the board under seal of the board. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed landscape architect while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant’s name and the legend, “licensed landscape architect.” All papers or documents involving the practice of landscape architecture under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

310-A:153 Interstate Licensure.

I. The board in its discretion may, upon application and the payment of a fee, issue a landscape architect’s license to any person who holds a Council of Landscape Architectural Registration Board (CLARB) certificate, or to any person who holds an unexpired license or certificate of registration issued by any state, territory, or possession of the United States, provided that the applicant’s qualifications meet the requirements of this subdivision and the rules established by the board.

II. The board may grant a landscape architect’s license to any applicant who is similarly licensed in any other state, provided the other state’s licensing requirements are substantially equivalent to or higher than those of this state.

310-A:154 Expiration and Renewals.

I. All licenses issued by the board shall expire on the last day of the licensee’s month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. The board shall cause notification of the impending license expiration to be sent to each licensee at least one month prior to the expiration of the license, along with a request for payment of a renewal fee. Licensees in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the board of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause.

II. If the renewal fee is not submitted within 12 months after the expiration date of the license, the licensee’s name shall be removed from the mailing list and roster. The board, pursuant to rules adopted under RSA 310-A:143, shall charge up to a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.

III. If the renewal fee is not submitted within one year of the expiration date, an application for reinstatement shall be required and approved by the board to reinstate the license.

310-A:155 Disciplinary Action.

I. The board may undertake disciplinary proceedings:

(a) Upon its own initiative; or

(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.

(b) Conviction of a felony or any offense involving moral turpitude.

(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.

(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision.

(f) Mental or physical incompetency to practice under this subdivision.

(g) Willful or repeated violation of the provisions of this subdivision.

(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

(i) Violations of the rules of professional conduct for landscape architects, or

any other rule adopted by the board.

(j) Providing false testimony before the board.

(k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.

(l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of landscape architecture.

310-A:156 Hearings.

I. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by certified mail, return receipt requested, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and appropriately pursued by the board. Written complaints received by the board shall be acknowledged within 3 months of the date of notice to the board. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.

II.(a) The board shall have the power to administer oaths or affirmations, preserve testimony, subpoena witnesses, and to compel, by subpoena duces tecum, the production of all books, records, files and documents, whether originals, copies, or in electronic or other form, and other materials, relevant to its investigation of any grievance, complaint, or disciplinary proceeding before the board.

(b) The board may issue subpoenas with the approval of the office of the attorney general.

(c) A minimum of 10 business days’ notice shall be given for compliance with a subpoena under this subdivision.

III. At any hearing, the named person or licensee shall have the right to:

(a) Appear in person, by counsel, or both.

(b) Produce evidence and witnesses.

(c) Cross-examine witnesses.

IV. If the named person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges.

V. The board, upon making an affirmative finding under RSA 310-A:155, II, may take disciplinary action in any one or more of the following ways:

(a) By written reprimand.

(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.

(c) By revocation of a license.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.

(e) By requiring the person to practice under the direct supervision of a licensed

landscape architect for a period of time specified by the board.

(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues, whichever is greater.

VI. Any applicant or licensee aggrieved by an action of the board denying, suspending, refusing to renew, or revoking its license may appeal the decision in accordance with RSA 541.

VII. In addition to any other action, the board may assess all reasonable costs incurred in connection with any disciplinary proceeding, including investigations, stenographers, and attorneys’ fees, as a condition of probation or reinstatement.

VIII. Any disciplinary action by the board shall be published in the report of the board and shall be a public record in accordance with RSA 91-A.

310-A:157 Reissuance of Licenses. The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been suspended or revoked, provided 3 or more members of the board vote in favor of such reissuance. A new license may be issued, subject to the rules of the board, and a charge shall be made for such issuance.

310-A:158 Violations. It shall be a class B misdemeanor for any natural person or a felony for any business organization to:

I. Present or attempt to use the license or seal of another as one’s own;

II. Give any false or forged evidence of any kind to the board or to any board member in obtaining a license;

III. Falsely impersonate any other licensee of like or different name;

IV. Attempt to use an expired or revoked license;

V. Practice landscape architecture or to offer, advertise or hold oneself out to the public as being in the practice of landscape architecture in this state without a license; or

VI. Violate any of the provisions of this subdivision.

310-A:159 Restraint of Violations. The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:158 on proceedings brought by the attorney general, the board, or any society of licensed landscape architects duly incorporated under the laws of this state.

310-A:160 Exemptions. Nothing in this subdivision shall be construed to prevent or affect:

I. The preparation of details and shop drawings by persons, other than landscape architects, for use in connection with the execution of their work.

II. The preparation of plans, drawings, and specifications for and the supervision of the construction or alteration of landscape design associated with farms, residences, or institutional or

commercial uses, where the client or reviewing governmental entity does not require the stamp of a licensed landscape architect.

III. Supervision by builders, or superintendents employed by such builders, of the installation of landscape projects.

IV. Business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, wetland scientist, certified professional in erosion and sediment control, natural scientist, soil scientist, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape designer, landscape contractor, irrigation contractor, irrigation designer, garden or lawn caretaker, or grader or cultivator of land, as these terms are generally used, except that no such person shall use the designation “landscape architect,” “landscape architectural,” or “landscape architecture” unless licensed as a landscape architect under this article.

V. The practice of architecture by an architect licensed in this state, or the practice of professional engineering or land surveying by a professional engineer or land surveyor licensed in this state, or the preparation of wetland mitigation plans by a wetland scientist, natural scientist, or soil scientist, provided that no such architect, professional engineer, wetland scientist, natural scientist, soil scientist, or land surveyor shall use the designation “landscape architect,” “landscape architectural,” or “landscape architecture” unless licensed as a landscape architect in this state.

VI. The practice of landscape architecture by officers and employees of the United States while engaged within the state in the practice of landscape architecture for the federal government.

VII. Professional engineers, when engaged in the lawful practice of engineering under RSA 310-A, from performing engineering work which could be defined in this subdivision as within the practice of the profession of landscape architecture.

246:4 Effective Date. This act shall take effect July 1, 2006.

Approved: June 5, 2006

Effective: July 1, 2006

• HB1458 at GenCourtMobile

Bill Text Revisions

HB1458 Revision: 9731 Date: Jan. 21, 2010, midnight

Docket

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