requires two-thirds majority vote (§ 40)
* A.B. 310
Assembly Bill No. 310–Committee on Commerce and Labor
(On Behalf of State Board of Landscape Architecture)
March 8, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes to provisions governing landscape architects. (BDR 54‑576)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to landscape architecture; designating the board of landscape architecture as the state board of landscape architecture; requiring the board to maintain a record of each certificate of registration issued or renewed by the board; revising the requirements for the issuance or renewal of a certificate of registration; providing for the issuance of a certificate to practice as a landscape architect intern; providing immunity from a civil action for a person who furnishes information to the board under certain circumstances; authorizing the board to adopt regulations requiring each holder of a certificate of registration to complete a course of continuing education as a condition for the renewal of his certificate of registration; revising the qualifications of the members of the board; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 623A of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
1-3 Sec. 2. “Certificate of registration” means a certificate of
1-4 registration issued by the board to a landscape architect pursuant to the
1-5 provisions of this chapter.
1-6 Sec. 3. “Direct supervision” means a critical examination and
1-7 evaluation of the work product by a holder of a certificate of registration,
1-8 during and after the work product is prepared, to ensure that the work
1-9 product complies with any applicable law or regulation concerning the
1-10 practice of landscape architecture.
1-11 Sec. 4. “Landscape architect intern” means a person who is issued a
1-12 certificate to practice as a landscape architect intern pursuant to the
1-13 provisions of this chapter.
2-1 Sec. 5. For the purposes of this chapter, a person has good moral
2-2 character if he:
2-3 1. Has not been convicted of a class A felony;
2-4 2. Has not been convicted of a felony other than a class A felony or a
2-5 misdemeanor or gross misdemeanor that is directly related to the practice
2-6 of landscape architecture;
2-7 3. Has not committed an act involving dishonesty, fraud,
2-8 misrepresentation, breach of a fiduciary duty, gross negligence or
2-9 incompetence while engaged in the practice of landscape architecture;
2-10 4. Is not incarcerated in a jail or prison at the time of submitting an
2-11 application for a certificate of registration or a certificate to practice as a
2-12 landscape architect intern;
2-13 5. Has not committed fraud or misrepresentation in connection with:
2-14 (a) The submission of an application for a certificate of registration or
2-15 certificate to practice as a landscape architect intern; or
2-16 (b) The taking of one or more examinations pursuant to the
2-17 provisions of this chapter;
2-18 6. Has not had his certificate of registration suspended or revoked by
2-19 the board or in any other state or country;
2-20 7. Has not, in lieu of receiving disciplinary action against him,
2-21 surrendered a certificate of registration or certificate to practice as a
2-22 landscape architect intern in this state or a certificate or license to
2-23 practice landscape architecture issued in another state or country;
2-24 8. Has not engaged in the practice of landscape architecture in this
2-25 state or in any other state or country without a license or certificate of
2-26 registration or certificate to practice as a landscape architect intern
2-27 within the 2 years immediately preceding the filing of an application for
2-28 a certificate of registration or certificate to practice as a landscape
2-29 architect intern pursuant to the provisions of this chapter; or
2-30 9. Has not, within the 5 years immediately preceding the filing of an
2-31 application specified in subsection 8, engaged in unprofessional conduct
2-32 in violation of the regulations adopted by the board.
2-33 Sec. 6. The board shall operate on the basis of a fiscal year
2-34 beginning on July 1 and ending on June 30.
2-35 Sec. 7. The board shall prepare and adopt a code of conduct for
2-36 holders of certificates of registration and holders of a certificate to
2-37 paractice as a landscape architect intern. The code must ensure the
2-38 maintenance of a high standard of integrity, dignity and professional
2-39 responsibility by members of the profession. Before adopting the code,
2-40 the board shall send a copy of the proposed code to each holder of a
2-41 certificate of registration and holder of a certificate to practice as a
2-42 landscape architect intern. Each holder of a certificate of registration
2-43 intern may vote on any provision included in the code. The board may
2-44 adopt each provision in the code unless 25 percent or more of the holders
2-45 of certificates of registration vote against that provision.
2-46 Sec. 8. The board shall prepare and maintain a record of each
2-47 certificate of registration intern. The record must include, without
2-48 limitation, the name of the holder of the certificate of registration intern,
3-1 the address at which he resides and the number of his certificate of
3-2 registration. The board shall make the record available:
3-3 1. For inspection by each holder of a certificate of registration in a
3-4 manner prescribed by the board; and
3-5 2. For sale to a member of the general public who is not a holder of
3-6 a certificate of registration.
3-7 Sec. 9. 1. Except as otherwise provided in this section, a record of
3-8 the board that relates to:
3-9 (a) An employee of the board;
3-10 (b) An examination administered by the board; or
3-11 (c) A complaint filed with the board and any information obtained as
3-12 a result of its investigation of the complaint,
3-13 is confidential.
3-14 2. A record specified in subsection 1 may be disclosed, pursuant to
3-15 procedures established by regulation of the board, to:
3-16 (a) A court;
3-17 (b) An agency of the Federal Government;
3-18 (c) Another state;
3-19 (d) A political subdivision of this state; or
3-20 (e) Any other related professional board or organization.
3-21 3. Upon completion of an investigation by the board, any record of
3-22 the board specified in paragraph (c) of subsection 1 is a public record
3-23 only if:
3-24 (a) Disciplinary action is imposed by the board as a result of the
3-25 investigation; or
3-26 (b) The person who was the subject of the investigation submits a
3-27 written statement to the board requesting that the record be made a
3-28 public record.
3-29 4. The board may report to any other related professional board and
3-30 organization the score of an applicant on an examination administered
3-31 by the board.
3-32 Sec. 10. 1. For the purpose of issuing a certificate of registration
3-33 or a certificate to practice as a landscape architect intern pursuant to the
3-34 provisions of this chapter, the board shall credit work experience as
3-35 follows:
3-36 (a) One hundred and thirty hours or more of work in the practice of
3-37 landscape architecture completed during a month is equal to 1 month of
3-38 work experience.
3-39 (b) Eighty-five hours or more but less than one hundred and thirty
3-40 hours of work in the practice of landscape architecture completed during
3-41 a month is equal to one-half of a month of work experience.
3-42 2. The board shall not grant credit for work experience to an
3-43 applicant for less than 85 hours of work experience in the practice of
3-44 landscape architecture completed during a month.
3-45 3. Before the board may grant credit to an applicant for work
3-46 experience pursuant to the provisions of this section, the employer of the
3-47 applicant must submit proof satisfactory to the board that the applicant
3-48 completed the work experience for which he wishes to receive credit.
4-1 4. Except as otherwise provided in this subsection, all work
4-2 experience must be completed under the direct supervision of a holder of
4-3 a certificate of registration. The board may adopt regulations that
4-4 provide for the granting of credit for not more than 1 year of work
4-5 experience completed under the direct supervision of a person who is
4-6 licensed in a profession other than the practice of landscape architecture.
4-7 5. Each applicant for a certificate of registration or certificate to
4-8 practice as a landscape architect intern must, before he takes one or
4-9 more examinations required for the certificate, comply with the
4-10 requirements for education and experience set forth in this chapter and
4-11 any regulations adopted by the board.
4-12 Sec. 11. The board may issue a certificate of registration without
4-13 examination to a person who submits evidence satisfactory to the board
4-14 that he:
4-15 1. Is licensed, registered or certified as a landscape architect in
4-16 another jurisdiction if, as determined by the board, the qualifications
4-17 required for the license, registration or certification are substantially
4-18 equivalent to the qualifications set forth in this chapter for the issuance
4-19 of a certificate of registration; and
4-20 2. Is otherwise qualified for a certificate of registration to engage in
4-21 the practice of landscape architecture in this state.
4-22 Sec. 12. 1. Any person who:
4-23 (a) Is at least 21 years of age;
4-24 (b) Is of good moral character;
4-25 (c) Is a citizen of the United States or is lawfully entitled to remain
4-26 and work in the United States; and
4-27 (d) Has graduated from a
school approved by the board or
has completed at least 4 years of work experience in the practice of
4-28 landscape architecture in accordance with regulations adopted by the
4-29 board,
4-30 may submit an application to the board for a certificate to practice as a
4-31 landscape architect intern.
4-32 2. The application must be submitted on a form furnished by the
4-33 board and include:
4-34 (a) The statement required by NRS 623A.185;
4-35 (b) The social security number of the applicant; and
4-36 (c) The applicable fees prescribed by the board pursuant to the
4-37 provisions of NRS 623A.240.
4-38 Sec. 13. 1. The board shall issue a certificate to practice as a
4-39 landscape architect intern to any person who is qualified pursuant to the
4-40 provisions of section 12 of this act and who passes an examination or any
4-41 portion of an examination required by the board.
4-42 2. Such a person may engage in the practice of landscape
4-43 architecture only under the direct supervision of a holder of a certificate
4-44 of registration. Any work performed by the person as a landscape
4-45 architect intern may be credited toward the requirements for a certificate
4-46 of registration in accordance with regulations adopted by the board.
4-47 3. A certificate to practice as a landscape architect intern expires on
4-48 June 30 and may be renewed for 1 year from each succeeding July 1 in
5-1 accordance with regulations adopted by the board and upon the payment
5-2 of the annual renewal fee prescribed by the board pursuant to the
5-3 provisions of NRS 623A.240.
5-4 Sec. 14. 1. Upon issuing a certificate of registration, the board
5-5 shall issue to the holder of the certificate of registration a seal of the
5-6 design authorized by the board, bearing the name of the holder of the
5-7 certificate of registration, the number of his certificate of registration
5-8 and the title “landscape architect.”
5-9 2. A plan, specification, report or other document issued by a holder
5-10 of a certificate of registration for official use must be signed, sealed and
5-11 dated on the title page by him with a permanently legible imprint of his
5-12 seal and signature. The board may adopt regulations specifying the
5-13 manner in which a holder of a certificate of registration may
5-14 electronically transmit such a plan, specification, report or other
5-15 document.
5-16 3. It is unlawful for a person to stamp or seal any plan, specification,
5-17 report or other document with the seal of a holder of a certificate of
5-18 registration after his certificate of registration has expired or has been
5-19 suspended or revoked, unless the certificate of registration has been
5-20 renewed or reissued.
5-21 Sec. 15. 1. Any person who, in good faith and without malicious
5-22 intent, provides information concerning a holder of a certificate of
5-23 registration or certificate to practice as a landscape architect intern or an
5-24 applicant for a certificate of registration or certificate to practice as a
5-25 landscape architect intern is immune from any civil action for providing
5-26 that information.
5-27 2. Any person who assists the board in the investigation or
5-28 prosecution of an alleged violation of a provision of this chapter, a
5-29 proceeding concerning the issuance or renewal of a certificate of
5-30 registration or certificate to practice as a landscape architect intern or a
5-31 criminal prosecution is immune from any civil liability for:
5-32 (a) Any decision or action taken in good faith and without malicious
5-33 intent in response to information acquired by the board; and
5-34 (b) Disseminating information concerning a holder of a certificate of
5-35 registration or certificate to practice as a landscape architect intern or an
5-36 applicant for a certificate of registration or certificate to practice as a
5-37 landscape architect intern to:
5-38 (1) Any other licensing board;
5-39 (2) A national association of registered boards;
5-40 (3) An agency of this state or the Federal Government;
5-41 (4) The attorney general; or
5-42 (5) Any law enforcement agency.
5-43 Sec. 16. No person may bring or maintain any action in the courts
5-44 of this state for the collection of compensation for the performance of
5-45 any act or contract for which a certificate of registration or certificate to
5-46 practice as a landscape architect intern is required by this chapter
5-47 without alleging and proving that the plaintiff in the action was
5-48 registered pursuant to the provisions of this chapter at all times during
5-49 the performance of the act or contract.
6-1 Sec. 17. The board may, by regulation, require each holder of a
6-2 certificate of registration to complete a course of continuing education as
6-3 a condition for the renewal of his certificate of registration. The
6-4 regulations must include the number of hours of continuing education
6-5 that the holder of the certificate of registration must complete to renew
6-6 his certificate.
6-7 Sec. 18. The board shall not issue a temporary certificate of
6-8 registration or certificate to practice as a landscape architect intern.
6-9 Sec. 19. 1. A person shall not engage in the practice of landscape
6-10 architecture or use the title of “landscape architect” or “landscape
6-11 architect intern” unless he is issued a certificate of registration or
6-12 certificate to practice as a landscape architect intern by the board
6-13 pursuant to the provisions of this chapter.
6-14 2. If an applicant complies with the provisions of this chapter and is
6-15 otherwise qualified to engage in the practice of landscape architecture,
6-16 the board shall, upon payment by the applicant of the applicable fees
6-17 prescribed by the board pursuant to the provisions of NRS 623A.240,
6-18 issue to the applicant a certificate of registration or certificate to practice
6-19 as a landscape architect intern. If a certificate of registration or
6-20 certificate to practice as a landscape architect intern is issued after the
6-21 beginning of the fiscal year, the board may prorate the fee that the
6-22 applicant must pay for that year pursuant to those provisions.
6-23 3. Each certificate of registration must include the complete name of
6-24 the holder of the certificate, the number of the certificate and the
6-25 signatures of the president and secretary of the board.
6-26 Sec. 20. The board may:
6-27 1. Grant or deny an application for a certificate to practice as a
6-28 landscape architect intern after examination and revoke or suspend a
6-29 certificate to practice as a landscape architect intern or take any other
6-30 disciplinary action set forth in NRS 623A.270 for any of the causes
6-31 specified in this chapter;
6-32 2. Hold membership in any organization relating to landscape
6-33 architects or the practice of landscape architecture; or
6-34 3. Administer examinations on behalf of any national association of
6-35 registered boards that certifies landscape architects.
6-36 Sec. 21. NRS 623A.020 is hereby amended to read as follows:
6-37 623A.020 As used in this chapter, unless the context otherwise
6-38 requires, words and terms defined in NRS 623A.030 to 623A.060,
6-39 inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to
6-40 them in those sections.
6-41 Sec. 22. NRS 623A.030 is hereby amended to read as follows:
6-42 623A.030 “Board” means the state board of landscape architecture.
6-43 Sec. 23. NRS 623A.040 is hereby amended to read as follows:
6-44 623A.040 “Instruments of service” means the finalized drawings or
6-45 specifications prepared by the holder of a certificate [holder.] of
6-46 registration.
6-47 Sec. 24. NRS 623A.060 is hereby amended to read as follows:
6-48 623A.060 [The “practice] “Practice of landscape architecture”
6-49 [consists of holding] means to provide or hold professional services out to
7-1 the public, [or rendering,] including, without limitation, services for
7-2 consultation, investigation, reconnaissance, research, planning, design,
7-3 preparation of drawings and specifications and supervision [where] , if the
7-4 dominant purpose of the services is for the:
7-5 1. Preservation, enhancement or determination of proper land uses,
7-6 natural land features, ground cover and planting, naturalistic and esthetic
7-7 values, natural drainage, and the settings and approaches to buildings,
7-8 structures, facilities and other improvements; and
7-9 2. Consideration and determination of issues of the land relating to
7-10 erosion, wear and tear, lighting characteristics, and design of landscape
7-11 irrigation, lighting and grading.
7-12 [“Practice of landscape architecture”] The term includes the location and
7-13 arrangement of such tangible objects, structures and features as are
7-14 incidental and necessary to [this] that dominant purpose, but does not
7-15 include the design of structures or facilities with separate and self-
7-16 contained purposes for habitation or industry[,] whose design is normally
7-17 included in the practice of architecture or professional engineering.
7-18 Sec. 25. NRS 623A.070 is hereby amended to read as follows:
7-19 623A.070 1. This chapter does not apply to:
7-20 (a) Owners of property who make plans, specifications or drawings for
7-21 their own property.
7-22 (b) Any person engaged in the practice of architecture who is registered
7-23 pursuant to the provisions of chapter 623 of NRS.
7-24 (c) A contractor licensed pursuant to the provisions of chapter 624 of
7-25 NRS who provides his own drawings for his own construction activities.
7-26 (d) Any person who is licensed as a civil engineer pursuant to the
7-27 provisions of chapter 625 of NRS.
7-28 (e) Any person who designs, manufactures or sells irrigation equipment
7-29 and provides instructions pertaining to the mechanical erection and
7-30 installation of the equipment but does not install the equipment.
7-31 2. Any person exempted by the provisions of this section is not thereby
7-32 absolved from any civil or criminal liability that might otherwise accrue.
7-33 3. The exemptions provided by this section do not entitle any person
7-34 who does not hold a certificate of registration or certificate to practice as a
7-35 landscape [architecture] architect intern to hold himself out to the public
7-36 or advertise himself as a landscape architect or a landscape architect
7-37 intern.
7-38 Sec. 26. NRS 623A.080 is hereby amended to read as follows:
7-39 623A.080 1. The state board of landscape architecture, consisting of
7-40 [5] five members appointed by the governor, is hereby created.
7-41 2. The governor shall appoint:
7-42 (a) Four members who , at the time of their appointment, are not the
7-43 subject of any disciplinary action by the board and who, for not less than
7-44 3 years immediately preceding their appointment, have been [engaged] :
7-45 (1) Engaged in the practice of landscape architecture [for at least 3
7-46 years prior to their appointment; and] ; and
7-47 (2) Holders of certificates of registration; and
7-48 (b) One member who is a representative of the general public.
8-1 3. Each member must have been a resident of [the] this state for [at
8-2 least 2 years prior to their] not less than 3 years immediately preceding his
8-3 appointment.
8-4 4. [Members] A member of the board shall not serve for more than
8-5 three [consecutive] terms.
8-6 5. [Before entering upon the discharge of his duties, each] Each
8-7 member of the board shall , within 30 days after he is appointed, take and
8-8 subscribe to the oath of office as prescribed by the laws of this state and
8-9 file [it] the oath with the secretary of state.
8-10 6. The member who is a representative of the general public shall not
8-11 participate in preparing [, conducting] or grading any examination required
8-12 by the board.
8-13 7. Upon receipt of a complaint concerning a member of the board
8-14 and for good cause shown, the governor may, after providing 10 days
8-15 notice to the member and providing an opportunity for a hearing, remove
8-16 the member for inefficiency, neglect of duty or malfeasance in office.
8-17 8. An appointment to fill a vacancy in the membership of the board
8-18 for a cause other than expiration of the term must be for the unexpired
8-19 portion of the term.
8-20 9. A member, agent or employee of the board or any hearing officer
8-21 or member of a hearing panel appointed by the board is immune from
8-22 personal liability relating to any action taken in good faith and within the
8-23 scope of his authority.
8-24 Sec. 27. NRS 623A.090 is hereby amended to read as follows:
8-25 623A.090 1. Members of the board are entitled to receive:
8-26 (a) A salary of not more than $80 per day, as fixed by the board, while
8-27 engaged in the business of the board; and
8-28 (b) A per diem allowance and travel expenses at a rate fixed by the
8-29 board, while engaged in the business of the board. The rate must not
8-30 exceed the rate provided for state officers and employees generally.
8-31 2. While engaged in the business of the board, each employee of the
8-32 board is entitled to receive a per diem allowance and travel expenses at a
8-33 rate fixed by the board. The rate must not exceed the rate provided for state
8-34 officers and employees generally.
8-35 3. Any salary, per diem allowance or travel expenses paid pursuant
8-36 to the provisions of this section must be paid from money kept or
8-37 deposited by the board in accordance with the provisions of NRS
8-38 623A.150.
8-39 Sec. 28. NRS 623A.100 is hereby amended to read as follows:
8-40 623A.100 1. At each annual meeting of the board, the members
8-41 shall:
8-42 (a) Elect [one member as president;] a president and a secretary; and
8-43 (b) Appoint an executive director.
8-44 2. The president and the secretary of the board serve without
8-45 additional compensation.
8-46 3. The executive director [may] must not be a member of the board
8-47 and is entitled to a salary fixed by the board.
8-48 [3.] 4. The executive director shall:
8-49 (a) Keep an accurate record of all proceedings of the board;
9-1 (b) [Have] Maintain custody of the official seal; [and]
9-2 (c) Maintain a file containing the names and addresses of all [certificate
9-3 holders.] holders of certificates of registration and certificates to practice
9-4 as a landscape architect intern;
9-5 (d) Submit to the board each application for a certificate of
9-6 registration or certificate to practice as a landscape architect intern that
9-7 is filed with the board;
9-8 (e) If a holder of a certificate of registration or certificate to practice
9-9 as a landscape architect intern has violated any provision of this chapter,
9-10 file a complaint with the attorney general; and
9-11 (f) Perform any other duties assigned to him by the board.
9-12 Sec. 29. NRS 623A.120 is hereby amended to read as follows:
9-13 623A.120 The board may [employ] :
9-14 1. Employ and fix the compensation for legal counsel, inspectors,
9-15 special agents, investigators and clerical personnel necessary to the
9-16 discharge of its duties[.] ; and
9-17 2. Reimburse an employee specified in subsection 1 for any actual
9-18 expenses incurred by the employee while acting on behalf of the board.
9-19 Sec. 30. NRS 623A.130 is hereby amended to read as follows:
9-20 623A.130 The board shall:
9-21 1. Adopt an official seal.
9-22 2. Administer and enforce the provisions of this chapter.
9-23 3. Adopt regulations for the administration of this chapter.
9-24 4. Administer and conduct comprehensive examinations of applicants,
9-25 which [shall] must test the applicant’s fitness to engage in the [business]
9-26 practice of landscape [architect.] architecture.
9-27 Sec. 31. NRS 623A.150 is hereby amended to read as follows:
9-28 623A.150 1. All money coming into the possession of the board
9-29 must be kept or deposited by the executive director in [banks, credit
9-30 unions] an account in a bank, credit union or savings and loan
9-31 [associations in the State of Nevada.] association in this state.
9-32 2. Except as otherwise provided in subsection 6, all money collected
9-33 by the board must be used to pay the expenses of [examinations, expenses
9-34 of] :
9-35 (a) Examinations and the issuance of certificates of registration and
9-36 [expenses to conduct] certificates to practice as a landscape architect
9-37 intern; and
9-38 (b) Conducting the business of the board.
9-39 3. The expenses, including the per diem allowances and travel
9-40 expenses of the members and employees of the board while engaged in the
9-41 business of the board and the expenses to conduct examinations, must be
9-42 paid from the current receipts. No portion thereof may be paid from the
9-43 state treasury.
9-44 4. Any balance remaining in excess of the expenses incurred may be
9-45 retained by the board and used to defray the future expenses of the board.
9-46 5. The board may delegate to a hearing officer or panel its authority to
9-47 take any disciplinary action pursuant to the provisions of this chapter,
9-48 impose and collect fines and penalties therefor and deposit the money
9-49 therefrom in [banks, credit unions] an account maintained by the board in
10-1 a bank, credit union or savings and loan [associations in this state.]
10-2 association specified in subsection 1.
10-3 6. If a hearing officer or panel is not authorized to take disciplinary
10-4 action pursuant to the provisions of subsection 5 and the board deposits the
10-5 money collected from the imposition of fines with the state treasurer for
10-6 credit to the state general fund, it may present a claim to the state board of
10-7 examiners for recommendation to the interim finance committee if money
10-8 is needed to pay attorney’s fees or the costs of an investigation, or both.
10-9 Sec. 32. NRS 623A.170 is hereby amended to read as follows:
10-10 623A.170 1. Any person who [is] :
10-11 (a) Is at least 21 years of age [and who has had 6 years of] ;
10-12 (b) Is of good moral character;
10-13 (c) Is a citizen of the United States or is lawfully entitled to remain
10-14 and work in the United States; and
10-15 (d) Has satisfied the requirements for education and experience in
10-16 landscape architecture, in
any combination deemed suitable by the
board,
10-17 may submit an application for a certificate of registration to the board
10-18 upon a form and in a manner prescribed by the board. The application must
10-19 include the social security number of the applicant and be accompanied by
10-20 the application fee [.] prescribed by the board pursuant to the provisions
10-21 of NRS 623A.240.
10-22 2. Each year of study, not exceeding 5 years of study, satisfactorily
10-23 completed in a program of landscape architecture accredited by the
10-24 Landscape Architectural Accrediting Board or a similar national board
10-25 approved by the board, or a program of landscape architecture in this
10-26 state approved by the board is considered equivalent to 1 year of
10-27 experience in landscape architectural work for the purpose of
10-28 registration as a landscape architect.
10-29 3. The board shall, by regulation, establish standards for
10-30 examinations which may be consistent with standards employed by other
10-31 states. The board may adopt the standards of a national association of
10-32 registered boards approved by the board, and the examination and
10-33 grading procedure of that organization, as they exist on the date of
10-34 adoption. Examinations may include tests in such technical, professional
10-35 and ethical subjects as are prescribed by the board.
10-36 4. If the board administers or causes to be administered an
10-37 examination during:
10-38 (a) June of any year, an application to take that examination must be
10-39 postmarked not later than March 1 of that year; or
10-40 (b) December of any year, an application to take that examination
10-41 must be postmarked not later than September 1 of that year.
10-42 Sec. 33. NRS 623A.180 is hereby amended to read as follows:
10-43 623A.180 1. The board shall approve or disapprove each application.
10-44 [If] Except as otherwise provided in subsection 4, if the board is satisfied
10-45 that the information [contained] set forth in the application is true, and that
10-46 the applicant is qualified to take the examination, has submitted the
10-47 statement required pursuant to the provisions of NRS 623A.185 and has
10-48 paid the examination fee, it shall approve the application.
11-1 2. [Whenever] If the board approves an application, the executive
11-2 director shall promptly notify the applicant in writing of the approval and
11-3 of the time and place of the examination, if required.
11-4 3. [Whenever] If the board disapproves an application, the executive
11-5 director shall promptly notify the applicant of the disapproval, stating the
11-6 reasons therefor.
11-7 4. The board may disapprove an application for any violation of the
11-8 provisions of this chapter.
11-9 Sec. 34. NRS 623A.185 is hereby amended to read as follows:
11-10 623A.185 1. An applicant for the issuance or renewal of a certificate
11-11 of registration or certificate to practice as a landscape [architecture]
11-12 architect intern shall submit to the board the statement prescribed by the
11-13 welfare division of the department of human resources pursuant to the
11-14 provisions of NRS 425.520. The statement must be completed and signed
11-15 by the applicant.
11-16 2. The board shall include the statement required pursuant to the
11-17 provisions of subsection 1 in:
11-18 (a) The application or any other forms that must be submitted for the
11-19 issuance or renewal of the certificate[;] of registration or certificate to
11-20 practice as a landscape architect intern; or
11-21 (b) A separate form prescribed by the board.
11-22 3. A certificate of registration or certificate to practice as a landscape
11-23 [architecture] architect intern may not be issued or renewed by the board if
11-24 the applicant:
11-25 (a) Fails to submit the statement required pursuant to the provisions of
11-26 subsection 1; or
11-27 (b) Indicates on the statement submitted pursuant to the provisions of
11-28 subsection 1 that he is subject to a court order for the support of a child and
11-29 is not in compliance with the order or a plan approved by the district
11-30 attorney or other public agency enforcing the order for the repayment of
11-31 the amount owed pursuant to the order.
11-32 4. If an applicant indicates on the statement submitted pursuant to
11-33 subsection 1 that he is subject to a court order for the support of a child and
11-34 is not in compliance with the order or a plan approved by the district
11-35 attorney or other public agency enforcing the order for the repayment of
11-36 the amount owed pursuant to the order, the board shall advise the applicant
11-37 to contact the district attorney or other public agency enforcing the order to
11-38 determine the actions that the applicant may take to satisfy the arrearage.
11-39 Sec. 35. NRS 623A.190 is hereby amended to read as follows:
11-40 623A.190 1. The board shall [give] administer or cause to be
11-41 administered a written examination to each applicant for a certificate [an
11-42 examination, which may be written or oral, or both.] of registration or
11-43 certificate to practice as a landscape architect intern.
11-44 2. The examination must be given at such times and places and under
11-45 such supervision as the board may determine.
11-46 3. The board may [examine in whatever] include in the written
11-47 examination any theoretical or applied fields and ethical issues it deems
11-48 appropriate to determine professional skills and judgment.
12-1 4. The board shall , by regulation , establish [what constitutes a
12-2 passing grade.] the grade that is required to pass the written examination.
12-3 5. The written examination may be waived by the board if the
12-4 applicant:
12-5 (a) Presents documentation that he has [taken and passed, with a grade
12-6 that is a passing grade in this state, a written] passed an examination in
12-7 another state [having equivalent scope and subject matter;] or country that
12-8 has been accepted as an equivalent by the national association of
12-9 registered boards; or
12-10 (b) Has been certified by [the Council of Landscape Architectural
12-11 Registration Boards as having passed the senior practitioner examination or
12-12 through reciprocity procedures with foreign countries having requirements
12-13 for licensing acceptable to the board.] such an organization.
12-14 6. Written examination papers [and transcripts of any oral
12-15 examinations] must be destroyed after a certificate of registration is issued.
12-16 7. If the applicant fails to pass the written examination or any part
12-17 thereof, he may retake the examination or the part failed in a subsequent
12-18 examination upon the payment of the applicable fees prescribed by the
12-19 board pursuant to the provisions of NRS 623A.240.
12-20 Sec. 36. NRS 623A.200 is hereby amended to read as follows:
12-21 623A.200 1. [Certificates expire] Each certificate of registration
12-22 expires on June 30 next following the date of issuance.
12-23 2. [Certificates] A certificate of registration may be renewed for 1
12-24 year from each succeeding July 1, upon submission of [the] :
12-25 (a) The statement required pursuant to the provisions of NRS 623A.185
12-26 [and payment of the] ;
12-27 (b) The annual renewal fee [.] prescribed by the board pursuant to the
12-28 provisions of NRS 623A.240; and
12-29 (c) Proof of compliance with the requirements established by the
12-30 board for continuing education for the renewal of the certificate of
12-31 registration.
12-32 3. A certificate of registration that has expired through failure to be
12-33 renewed may be renewed at any time within 1 year after the date of its
12-34 expiration upon application to and with the approval of the board and
12-35 upon payment of the annual renewal fee and the delinquency fee
12-36 prescribed by the board pursuant to the provisions of NRS 623A.240.
12-37 4. A certificate [which] of registration that has expired for failure to
12-38 [pay the annual renewal fee] be renewed within 1 year after the date of its
12-39 expiration may be reinstated by the board without examination within 3
12-40 years after the date the certificate of registration expires upon application
12-41 to and with the approval of the board and upon payment of [the
12-42 delinquent renewal fee, in addition to the] :
12-43 (a) The annual renewal fee for each year, or part thereof, the certificate
12-44 of registration is not renewed[.] ;
12-45 (b) The delinquency fee; and
12-46 (c) The reinstatement fee.
12-47 5. If a holder of a certificate of registration submits to the board a
12-48 statement, annual renewal fee and proof required pursuant to the
12-49 provisions of subsection 2, or if the board approves the renewal or
13-1 reinstatement of a certificate of registration pursuant to the provisions of
13-2 subsection 3 or 4, the executive director of the board shall, upon receipt
13-3 of the statement, applicable fees and proof or upon receipt of the
13-4 approval of the board, issue a renewal card to the applicant, indicating
13-5 that his certificate of registration is renewed for 1 year. The renewal card
13-6 must bear the seal of the board and include:
13-7 (a) The number of the certificate of registration; and
13-8 (b) The signature of the president or executive director of the board or
13-9 a facsimile of that signature.
13-10 6. The renewal of a certificate of registration and the number of the
13-11 certificate of registration must be recorded by the executive director of
13-12 the board in accordance with the provisions of section 8 of this act.
13-13 7. The unauthorized use or display of a certificate of registration or
13-14 renewal card for that certificate of registration, or the seal of a holder of
13-15 a certificate of registration, is unlawful.
13-16 Sec. 37. NRS 623A.210 is hereby amended to read as follows:
13-17 623A.210 [1.] If a certificate of registration has not been renewed
13-18 within 3 years after its expiration, the holder of the certificate [holder] of
13-19 registration may apply for and obtain a new certificate of registration if[:
13-20 (a) He is] he:
13-21 1. Is otherwise eligible;
13-22 [(b) He pays]
13-23 2. Pays all fees required by this chapter; [and
13-24 (c) He takes and passes the examination or establishes]
13-25 3. Passes an examination administered or approved by the board;
13-26 and
13-27 4. Establishes to the satisfaction of the board that he is qualified to
13-28 practice landscape architecture.
13-29 [2. The board may waive all or part of the examination fee if the
13-30 applicant is not required to take the examination.]
13-31 Sec. 38. NRS 623A.220 is hereby amended to read as follows:
13-32 623A.220 1. A suspended certificate of registration expires unless it
13-33 is renewed by the holder of the certificate [holder.] of registration. The
13-34 renewal does not entitle the holder to engage in the practice of landscape
13-35 architecture until the expiration of the suspension period or until the
13-36 certificate of registration is reinstated by the board.
13-37 2. A revoked certificate of registration expires and is not subject to
13-38 renewal. If the certificate of registration is reinstated after its expiration,
13-39 the holder of the certificate [holder] of registration shall pay [a
13-40 reinstatement fee as prescribed in] the fee for reinstatement prescribed by
13-41 the board pursuant to the provisions of NRS 623A.240.
13-42 Sec. 39. NRS 623A.230 is hereby amended to read as follows:
13-43 623A.230 1. A holder of a certificate [holder] of registration shall
13-44 notify the executive director in writing of any change of address of his
13-45 business or residence and if the certificate of registration has been lost,
13-46 stolen, destroyed or mutilated.
13-47 2. The executive director shall issue a duplicate certificate of
13-48 registration in accordance with regulations established by the board upon
13-49 application and payment of the fee[.] for replacement of a certificate of
14-1 registration prescribed by the board pursuant to the provisions of NRS
14-2 623A.240.
14-3 Sec. 40. NRS 623A.240 is hereby amended to read as follows:
14-4 623A.240 1. The following fees must be prescribed by the board and
14-5 must not exceed the following amounts:
14-6 Application fee.................................... $200.00
14-7 Examination fee................................... 100.00,
14-8 plus the actual
14-9 cost of the
14-10 examination
14-11 Certificate of registration........................ 25.00
14-12 Annual renewal fee............................... 200.00
14-13 Reinstatement fee................................. 300.00
14-14 Delinquency fee..................................... 50.00
14-15 Change of address fee............................ 10.00
14-16 Copy of a document, per page................... .25
14-17 2. In addition to the fees set forth in subsection 1, the board may
14-18 charge and collect a fee for any other service it provides. The fee must not
14-19 exceed the cost incurred by the board to provide the service.
14-20 3. The board may authorize a landscape architect intern to pay the
14-21 application fee or any portion of that fee during any period in which he
14-22 is the holder of a certificate to practice as a landscape architect intern. If
14-23 a landscape architect intern pays the fee or any portion of the fee during
14-24 that period, the board shall credit the amount paid by him towards the
14-25 entire amount of the application fee for the certificate of registration
14-26 required pursuant to this section.
14-27 4. The fees prescribed by the board pursuant to this section must be
14-28 paid in United States currency in the form of a check, cashier’s check or
14-29 money order. If any check submitted to the board is dishonored upon
14-30 presentation for payment, repayment of the fee, including the fee for a
14-31 returned check, must be made by money order or certified check.
14-32 5. The fees prescribed by the board pursuant to this section are
14-33 nonrefundable.
14-34 Sec. 41. NRS 623A.250 is hereby amended to read as follows:
14-35 623A.250 1. A firm, partnership, corporation or association may
14-36 engage in the practice of landscape architecture if:
14-37 (a) All work is performed under the supervision and direction of a
14-38 holder of a certificate [holder;] of registration;
14-39 (b) The name [or names of all certificate holders appear] of the holder
14-40 of a certificate of registration appears in the name of the firm, partnership,
14-41 corporation or association;
14-42 (c) The name of the holder of the certificate [holder] of registration
14-43 appears on all papers or documents used in the practice of landscape
14-44 architecture; and
14-45 (d) All instruments of service are signed by the holder of the certificate
14-46 [holder.] of registration.
15-1 2. Architects, registered interior designers, residential designers,
15-2 professional engineers and landscape architects may, in accordance with
15-3 NRS 623.349, join or form a partnership, corporation, limited-liability
15-4 company or other business organization or association with registrants and
15-5 licensees outside of their field of practice, or with persons who are not
15-6 registered or licensed.
15-7 3. Each office or place of business of any partnership, corporation,
15-8 limited-liability company or other business organization or association
15-9 engaged in the practice of landscape architecture pursuant to the
15-10 provisions of subsection 2 shall have a landscape architect who is a
15-11 resident of this state and holds a certificate of registration issued
15-12 pursuant to this chapter regularly working in the office or place of
15-13 business and directly responsible for the administration of the landscape
15-14 architectural work conducted in the office or place of business.
15-15 4. A registrant or licensee practicing in a business organization or
15-16 association pursuant to subsection 2 remains subject to NRS 89.220.
15-17 5. If a person who is not a holder of a certificate of registration, or if
15-18 a holder of a certificate of registration who is not an owner, and who is
15-19 employed by or affiliated with a business organization or association that
15-20 holds a certificate issued pursuant to NRS 623.349 is found by the board
15-21 to have violated a provision of this chapter or a regulation adopted by the
15-22 board, the board may hold the business organization or association and
15-23 each holder of a certificate of registration who is an owner responsible
15-24 for the violation.
15-25 Sec. 42. NRS 623A.260 is hereby amended to read as follows:
15-26 623A.260 1. A firm, partnership, corporation or association engaged
15-27 in the practice of landscape architecture may, upon the approval of the
15-28 board, establish and operate branch offices within [the] this state.
15-29 2. A branch office [shall] must be operated by a resident landscape
15-30 architect who holds a certificate [issued pursuant to this chapter.] of
15-31 registration.
15-32 3. Offices established for the purpose of observing construction work
15-33 on a project are [not]considered branch offices.
15-34 Sec. 43. NRS 623A.270 is hereby amended to read as follows:
15-35 623A.270 1. The board may:
15-36 [1.] (a) Suspend or revoke a certificate[;
15-37 2.] of registration or certificate to practice as a landscape architect
15-38 intern;
15-39 (b) Refuse to renew a certificate[;
15-40 3.] of registration or certificate to practice as a landscape architect
15-41 intern;
15-42 (c) Place a holder of a certificate [holder] of registration or certificate
15-43 to practice as a landscape architect intern on probation;
15-44 [4.] (d) Issue a reprimand to a holder of a certificate [holder;
15-45 5.] of registration or certificate to practice as a landscape architect
15-46 intern;
15-47 (e) Impose upon a holder of a certificate [holder] of registration or
15-48 certificate to practice as a landscape architect intern a fine of not more
15-49 than $5,000 for each violation of this chapter;
16-1 [6.] (f) Require a holder of a certificate [holder] of registration or
16-2 certificate to practice as a landscape architect intern to pay restitution;
16-3 [7.] (g) Require a holder of a certificate [holder] of registration or
16-4 certificate to practice as a landscape architect intern to pay the costs of an
16-5 investigation or prosecution; or
16-6 [8.] (h) Take such other disciplinary action as the board deems
16-7 appropriate,
16-8 if the holder of a certificate [holder] of registration or certificate to
16-9 practice as a landscape architect intern has committed any act set forth in
16-10 NRS 623A.280.
16-11 2. The conditions for probation imposed pursuant to the provisions
16-12 of subsection 1 may include, without limitation:
16-13 (a) Restriction on the scope of professional practice;
16-14 (b) Peer review;
16-15 (c) Education or counseling;
16-16 (d) The payment of restitution to each person who suffered harm or
16-17 loss; and
16-18 (e) The payment of all costs of the administrative investigation and
16-19 prosecution.
16-20 3. If the board imposes discipline pursuant to the provisions of this
16-21 section, the board may recover the costs of the proceeding, including any
16-22 investigative costs and attorney’s fees.
16-23 4. The board may adopt regulations setting forth a schedule of fines
16-24 for the purposes of paragraph (e) of subsection 1.
16-25 Sec. 44. NRS 623A.280 is hereby amended to read as follows:
16-26 623A.280 1. The following acts, among others, constitute cause for
16-27 disciplinary action[:
16-28 1.] if proof satisfactory to the board is presented that:
16-29 (a) A holder of a certificate [holder] of registration has signed or sealed
16-30 instruments of service which were not prepared by him or under his
16-31 [immediate] direct supervision.
16-32 [2.] (b) A holder of a certificate [holder] of registration has permitted
16-33 the use of his signature or seal by another person to evade the provisions of
16-34 this chapter or any regulation adopted by the board.
16-35 [3.] (c) A holder of a certificate [holder] of registration has not signed,
16-36 sealed or dated instruments of service prepared by [the certificate holder.
16-37 4.] him.
16-38 (d) A holder of a certificate [holder] of registration or certificate to
16-39 practice as a landscape architect intern impersonates a landscape architect
16-40 or landscape architect intern of the same or similar name.
16-41 [5.] (e) A holder of a certificate [holder is practicing] of registration or
16-42 certificate to practice as a landscape architect intern practices under an
16-43 assumed, fictitious or corporate name.
16-44 [6.] (f) A holder of a certificate [holder is practicing] of registration or
16-45 certificate to practice as a landscape architect intern practices landscape
16-46 architecture in violation of the provisions of this chapter or any regulation
16-47 adopted by the board.
16-48 [7.] (g) A holder of a certificate [holder] of registration or certificate
16-49 to practice as a landscape architect intern has obtained his certificate of
17-1 registration or certificate to practice as a landscape architect intern by
17-2 fraud or misrepresentation.
17-3 [8.] (h) A holder of a certificate [holder] of registration or certificate
17-4 to practice as a landscape architect intern is guilty of fraud or deceit in
17-5 the practice of landscape architecture.
17-6 [9.] (i) A holder of a certificate [holder] of registration or certificate to
17-7 practice as a landscape architect intern is guilty of incompetency,
17-8 negligence[, willful misconduct] or gross [incompetence.] negligence.
17-9 [10.] (j) A holder of a certificate [holder] of registration or certificate
17-10 to practice as a landscape architect intern is convicted of, or enters a plea
17-11 of nolo contendere to:
17-12 [(a)] (1) Any felony; or
17-13 [(b)] (2) Any crime, an essential element of which is dishonesty, or
17-14 which is directly related to the practice of landscape architecture.
17-15 [11.] (k) A holder of a certificate [holder] of registration or certificate
17-16 to practice as a landscape architect intern is guilty of aiding or abetting
17-17 any person in the violation of the provisions of this chapter or any
17-18 regulation adopted by the board.
17-19 [12.] (l) A person [is practicing] practices as a landscape architect with
17-20 a certificate [which] of registration or certificate to practice as a
17-21 landscape architect intern that has expired or has been suspended or
17-22 revoked.
17-23 [13.] (m) A holder of a certificate [holder] of registration or certificate
17-24 to practice as a landscape architect intern is disciplined by an agency of
17-25 another state or foreign country which regulates the practice of landscape
17-26 architecture and at least one of the grounds for the disciplinary action taken
17-27 is a ground for disciplinary action pursuant to the provisions of this
17-28 chapter.
17-29 (n) A holder of a certificate of registration or certificate to practice as
17-30 a landscape architect intern fails to comply with an order issued by the
17-31 board or to cooperate in an investigation conducted by the board.
17-32 2. As used in this section:
17-33 (a) “Gross negligence” means conduct that demonstrates a reckless
17-34 disregard of the consequences affecting the life or property of another
17-35 person.
17-36 (b) “Incompetency” means conduct that, in the practice of landscape
17-37 architecture, demonstrates a significant lack of ability, knowledge or
17-38 fitness to discharge a professional obligation.
17-39 (c) “Negligence” means a deviation from the normal standard of
17-40 professional care exercised generally by other members in the practice of
17-41 landscape architecture.
17-42 Sec. 45. NRS 623A.285 is hereby amended to read as follows:
17-43 623A.285 1. If the board receives a copy of a court order issued
17-44 pursuant to the provisions of NRS 425.540 that provides for the suspension
17-45 of all professional, occupational and recreational licenses, certificates and
17-46 permits issued to a person who is the holder of a certificate of registration
17-47 or certificate to practice as a landscape [architecture,] architect intern, the
17-48 board shall deem the certificate of registration or certificate to practice as
17-49 a landscape architect intern issued to that person to be suspended at the
18-1 end of the 30th day after the date on which the court order was issued
18-2 unless the board receives a letter issued to the holder of the certificate of
18-3 registration or certificate to practice as a landscape architect intern by
18-4 the district attorney or other public agency pursuant to the provisions of
18-5 NRS 425.550 stating that the holder of the certificate of registration or
18-6 certificate to practice as a landscape architect intern has complied with
18-7 the subpoena or warrant or has satisfied the arrearage pursuant to the
18-8 provisions of NRS 425.560.
18-9 2. The board shall reinstate a certificate of registration or certificate to
18-10 practice as a landscape [architecture] architect intern that has been
18-11 suspended by a district court pursuant to the provisions of NRS 425.540 if
18-12 the board receives a letter issued by the district attorney or other public
18-13 agency pursuant to the provisions of NRS 425.550 to the person whose
18-14 certificate of registration or certificate to practice as a landscape architect
18-15 intern was suspended stating that the person whose certificate of
18-16 registration or certificate to practice as a landscape architect intern was
18-17 suspended has complied with the subpoena or warrant or has satisfied the
18-18 arrearage pursuant to the provisions of NRS 425.560.
18-19 Sec. 46. NRS 623A.290 is hereby amended to read as follows:
18-20 623A.290 1. The board, any [one of the members] member of the
18-21 board or any other person who becomes aware that any one or more of the
18-22 grounds for initiating disciplinary action may exist as to a holder of a
18-23 certificate [holder] of registration or certificate to practice as a landscape
18-24 [architecture] architect intern may file a complaint specifying the relative
18-25 facts with the executive director of the board.
18-26 2. A complaint must be made in writing and be signed and verified by
18-27 the person making it.
18-28 Sec. 47. NRS 623A.310 is hereby amended to read as follows:
18-29 623A.310 1. The hearing of a complaint must be conducted by the
18-30 board. The defendant [certificate holder] is entitled to appear in person and
18-31 by legal counsel and must be given adequate opportunity to confront the
18-32 witnesses against him, to testify and introduce the testimony of witnesses
18-33 in his behalf, and to submit argument and briefs in person or by his
18-34 counsel.
18-35 2. The failure of the person named in the complaint to attend his
18-36 hearing or to defend himself must not delay or void the proceedings.
18-37 3. The board may, for good cause shown, continue any hearing.
18-38 4. Upon conclusion of the hearing or as soon as practicable thereafter,
18-39 the board shall make and announce its decision.
18-40 Sec. 48. NRS 623A.320 is hereby amended to read as follows:
18-41 623A.320 If the board revokes or suspends a [license] certificate of
18-42 registration or certificate to practice as a landscape architect intern for a
18-43 fixed [time,] period, the holder of the certificate [holder] of registration or
18-44 certificate to practice as a landscape architect intern may apply for a
18-45 rehearing within 10 days and the board may grant [such] the application
18-46 within 30 days thereafter.
18-47 Sec. 49. NRS 623A.330 is hereby amended to read as follows:
18-48 623A.330 If the board grants a rehearing, the executive director shall
18-49 immediately notify the holder of the certificate [holder] of registration or
19-1 certificate to practice as a landscape architect intern of the date and place
19-2 [which] that the board has fixed for the rehearing, which date must not be
19-3 less than 10 days thereafter. The hearingmust be conducted in the same
19-4 manner as the former hearing. Upon conclusion thereof, or as soon as
19-5 practicable thereafter, the board shall make and announce its decision.
19-6 Sec. 50. NRS 623A.350 is hereby amended to read as follows:
19-7 623A.350 1. Except as otherwise provided in subsection 2, a
19-8 complaint [shall] must not be filed against [a certificate] the holder of a
19-9 certificate of registration or certificate to practice as a landscape
19-10 architect intern if 2 years or more have elapsed since the occurrence of the
19-11 act or omission alleged as the ground for disciplinary action.
19-12 2. If the act or omission alleges fraud or misrepresentation, the
19-13 complaint [shall] must be filed within 2 years after the discovery of the
19-14 fraud or misrepresentation.
19-15 Sec. 51. NRS 623A.355 is hereby amended to read as follows:
19-16 623A.355 All advertising by or business cards of a holder of a
19-17 certificate [holder] of registration must include the number of his
19-18 certificate[.] of registration.
19-19 Sec. 52. NRS 623A.360 is hereby amended to read as follows:
19-20 623A.360 Any person who:
19-21 1. Violates any of the provisions of this chapter;
19-22 2. Having had his certificate of registration or certificate to practice
19-23 as a landscape architect intern suspended or revoked, continues to solicit
19-24 business or otherwise represent himself as a landscape architect[;] or
19-25 landscape architect intern;
19-26 3. Engages in the practice of landscape architecture without holding a
19-27 certificate [issued by the board;] of registration or certificate to practice as
19-28 a landscape architect intern; or
19-29 4. Uses the title or term “landscape architect,” “landscape [designer”]
19-30 designer,” “landscape consultant,” “landscape draftsman” or
19-31 “landscape architect intern,” or any other title or term indicating or
19-32 implying that he is a landscape architect or landscape architect intern in
19-33 any sign, card, listing, advertisement or in any other manner without
19-34 holding a certificate [issued by the board,] of registration or certificate to
19-35 practice as a landscape architect intern,
19-36 is guilty of a misdemeanor.
19-37 Sec. 53. NRS 623A.370 is hereby amended to read as follows:
19-38 623A.370 1. A violation of a provision of this chapter by a person
19-39 [unlawfully] :
19-40 (a) Unlawfully representing himself as a landscape architect , landscape
19-41 designer, landscape consultant, landscape draftsman or [engaging]
19-42 landscape architect intern, or using any other title or term indicating or
19-43 implying that he is a landscape architect or landscape architect intern; or
19-44 (b) Engaging in the practice of landscape architecture ,
19-45 without holding a certificate [issued by the board] of registration or
19-46 certificate to practice as a landscape architect intern, may be enjoined by
19-47 a district court on petition by the president of the board in the name of the
19-48 board. In any such proceeding it is not necessary to show that any person is
19-49 individually injured.
20-1 2. If the respondent in a proceeding specified in subsection 1 is found
20-2 guilty of [unlawfully] :
20-3 (a) Unlawfully representing himself as a landscape architect , landscape
20-4 designer, landscape consultant, landscape draftsman or [engaging]
20-5 landscape architect intern, or using any other title or term indicating or
20-6 implying that he is a landscape architect or landscape architect intern; or
20-7 (b) Engaging in the practice of landscape architecture ,
20-8 without holding a certificate [issued by the board,] of registration or
20-9 certificate to practice as a landscape architect intern, the court shall
20-10 enjoin him from continuing that representation , usage or practice. The
20-11 procedure in such cases must be the same as in any other application for an
20-12 injunction. The remedy by injunction is in addition to any criminal
20-13 prosecution and punishment or any disciplinary action taken by the board.
20-14 Sec. 54. Section 12 of this act is hereby amended to read as follows:
20-15 Sec. 12. 1. Any person who:
20-16 (a) Is at least 21 years of age;
20-17 (b) Is of good moral character;
20-18 (c) Is a citizen of the United States or is lawfully entitled to remain
20-19 and work in the United States; and
20-20 (d) Has graduated from a school approved by the board or has
20-21 completed at least 4 years of work experience in the practice of
20-22 landscape architecture in accordance with regulations adopted by the
20-23 board,
20-24 may submit an application to the board for a certificate to practice as a
20-25 landscape architect intern.
20-26 2. The application must be submitted on a form furnished by the
20-27 board and include[:
20-28 (a) The statement required by NRS 623A.185;
20-29 (b) The social security number of the applicant; and
20-30 (c) The] the applicable fees prescribed by the board pursuant to the
20-31 provisions of NRS 623A.240.
20-32 Sec. 55. Nothwithstanding the amendatory provisions of section 26 of
20-33 this act, each member of the board of landscape architecture continues to
20-34 serve until the expiration of his term.
20-35 Sec. 56. 1. This section and sections 1 to 53, inclusive, 55 and 57 of
20-36 this act become effective on July 1, 2001.
20-37 2. Section 54 of this act becomes effective on the date on which the
20-38 provisions of 42 U.S.C. § 666 requiring each state to establish procedures
20-39 under which the state has authority to withhold or suspend, or to restrict the
20-40 use of professional, occupational and recreational licenses of persons who:
20-41 (a) Have failed to comply with a subpoena or warrant relating to a
20-42 proceeding to determine the paternity of a child or to establish or enforce
20-43 an obligation for the support of a child; or
20-44 (b) Are in arrears in the payment for the support of one or more
20-45 children,
20-46 are repealed by the Congress of the United States.
20-47 Sec. 57. The legislative counsel shall:
20-48 1. In preparing the reprint and supplements to the Nevada Revised
20-49 Statutes, with respect to any section that is not amended by this act or is
21-1 further amended by another act, appropriately change any reference to
21-2 “board of landscape architecture” to “state board of landscape
21-3 architecture.”
21-4 2. In preparing supplements to the Nevada Administrative Code,
21-5 appropriately change any reference to “board of landscape architecture” to
21-6 “state board of landscape architecture.”
21-7 H