AB310_EN

Assembly Bill No. 310–Committee on Commerce and Labor

CHAPTER..........

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:

Section 1. Chapter 623A of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

Sec. 2. “Certificate of registration” means a certificate of

registration issued by the board to a landscape architect pursuant to the

provisions of this chapter.

Sec. 3. “Direct supervision” means a critical examination and

evaluation of the work product by a holder of a certificate of

registration, during and after the work product is prepared, to ensure

that the work product complies with any applicable law or regulation

concerning the practice of landscape architecture.

Sec. 4. “Landscape architect intern” means a person who is issued a

certificate to practice as a landscape architect intern pursuant to the

provisions of this chapter.

Sec. 5. For the purposes of this chapter, a person has good moral

character if he:

1. Has not been convicted of a class A felony;

2. Has not been convicted of a felony other than a class A felony or a

misdemeanor or gross misdemeanor that is directly related to the

practice of landscape architecture;

3. Has not committed an act involving dishonesty, fraud,

misrepresentation, breach of a fiduciary duty, gross negligence or

incompetence while engaged in the practice of landscape architecture;

4. Is not incarcerated in a jail or prison at the time of submitting an

application for a certificate of registration or a certificate to practice as a

landscape architect intern;

5. Has not committed fraud or misrepresentation in connection with:

(a) The submission of an application for a certificate of registration or

certificate to practice as a landscape architect intern; or

(b) The taking of one or more examinations pursuant to the

provisions of this chapter;

6. Has not had his certificate of registration suspended or revoked by

the board or in any other state or country;

7. Has not, in lieu of receiving disciplinary action against him,

surrendered a certificate of registration or certificate to practice as a

landscape architect intern in this state or a certificate or license to

practice landscape architecture issued in another state or country;

8. Has not engaged in the practice of landscape architecture in this

state or in any other state or country without a license or certificate of

registration or certificate to practice as a landscape architect intern

within the 2 years immediately preceding the filing of an application for

a certificate of registration or certificate to practice as a landscape

architect intern pursuant to the provisions of this chapter; or

9. Has not, within the 5 years immediately preceding the filing of an

application specified in subsection 8, engaged in unprofessional conduct

in violation of the regulations adopted by the board.

Sec. 6. The board shall operate on the basis of a fiscal year

beginning on July 1 and ending on June 30.

Sec. 7. The board shall prepare and adopt a code of conduct for

holders of certificates of registration and holders of a certificate to

paractice as a landscape architect intern. The code must ensure the

maintenance of a high standard of integrity, dignity and professional

responsibility by members of the profession. Before adopting the code,

the board shall send a copy of the proposed code to each holder of a

certificate of registration and holder of a certificate to practice as a

landscape architect intern. Each holder of a certificate of registration

intern may vote on any provision included in the code. The board may

adopt each provision in the code unless 25 percent or more of the

holders of certificates of registration vote against that provision.

Sec. 8. The board shall prepare and maintain a record of each

certificate of registration intern. The record must include, without

limitation, the name of the holder of the certificate of registration intern,

the address at which he resides and the number of his certificate of

registration. The board shall make the record available:

1. For inspection by each holder of a certificate of registration in a

manner prescribed by the board; and

2. For sale to a member of the general public who is not a holder of

a certificate of registration.

Sec. 9. 1. Except as otherwise provided in this section, a record of

the board that relates to:

(a) An employee of the board;

(b) An examination administered by the board; or

a result of its investigation of the complaint,

is confidential.

2. A record specified in subsection 1 may be disclosed, pursuant to

procedures established by regulation of the board, to:

(a) A court;

(b) An agency of the Federal Government;

(d) A political subdivision of this state; or

(e) Any other related professional board or organization.

3. Upon completion of an investigation by the board, any record of

the board specified in paragraph (c) of subsection 1 is a public record

only if:

(a) Disciplinary action is imposed by the board as a result of the

investigation; or

(b) The person who was the subject of the investigation submits a

written statement to the board requesting that the record be made a

public record.

4. The board may report to any other related professional board and

organization the score of an applicant on an examination administered

by the board.

Sec. 10. 1. For the purpose of issuing a certificate of registration

or a certificate to practice as a landscape architect intern pursuant to the

provisions of this chapter, the board shall credit work experience as

follows:

(a) One hundred and thirty hours or more of work in the practice of

landscape architecture completed during a month is equal to 1 month of

work experience.

(b) Eighty-five hours or more but less than one hundred and thirty

hours of work in the practice of landscape architecture completed

during a month is equal to one-half of a month of work experience.

2. The board shall not grant credit for work experience to an

applicant for less than 85 hours of work experience in the practice of

landscape architecture completed during a month.

3. Before the board may grant credit to an applicant for work

experience pursuant to the provisions of this section, the employer of the

applicant must submit proof satisfactory to the board that the applicant

completed the work experience for which he wishes to receive credit.

4. Except as otherwise provided in this subsection, all work

experience must be completed under the direct supervision of a holder of

a certificate of registration. The board may adopt regulations that

provide for the granting of credit for not more than 1 year of work

experience completed under the direct supervision of a person who is

licensed in a profession other than the practice of landscape

architecture.

5. Each applicant for a certificate of registration or certificate to

practice as a landscape architect intern must, before he takes one or

more examinations required for the certificate, comply with the

requirements for education and experience set forth in this chapter and

any regulations adopted by the board.

Sec. 11. The board may issue a certificate of registration without

examination to a person who submits evidence satisfactory to the board

that he:

1. Is licensed, registered or certified as a landscape architect in

another jurisdiction if, as determined by the board, the qualifications

required for the license, registration or certification are substantially

equivalent to the qualifications set forth in this chapter for the issuance

of a certificate of registration; and

2. Is otherwise qualified for a certificate of registration to engage in

the practice of landscape architecture in this state.

Sec. 12. 1. Any person who:

(a) Is at least 21 years of age;

(b) Is of good moral character;

and work in the United States; and

(d) Has graduated from a school approved by the board or

has completed at least 4 years of work experience in the practice of

landscape architecture in accordance with regulations adopted by the

board,

may submit an application to the board for a certificate to practice as a

landscape architect intern.

2. The application must be submitted on a form furnished by the

board and include:

(a) The statement required by NRS 623A.185;

(b) The social security number of the applicant; and

provisions of NRS 623A.240.

Sec. 13. 1. The board shall issue a certificate to practice as a

landscape architect intern to any person who is qualified pursuant to the

provisions of section 12 of this act and who passes an examination or

any portion of an examination required by the board.

2. Such a person may engage in the practice of landscape

architecture only under the direct supervision of a holder of a certificate

of registration. Any work performed by the person as a landscape

architect intern may be credited toward the requirements for a certificate

of registration in accordance with regulations adopted by the board.

3. A certificate to practice as a landscape architect intern expires on

June 30 and may be renewed for 1 year from each succeeding July 1 in

accordance with regulations adopted by the board and upon the payment

of the annual renewal fee prescribed by the board pursuant to the

provisions of NRS 623A.240.

Sec. 14. 1. Upon issuing a certificate of registration, the board

shall issue to the holder of the certificate of registration a seal of the

design authorized by the board, bearing the name of the holder of the

certificate of registration, the number of his certificate of registration

and the title “landscape architect.”

2. A plan, specification, report or other document issued by a holder

of a certificate of registration for official use must be signed, sealed and

dated on the title page by him with a permanently legible imprint of his

seal and signature. The board may adopt regulations specifying the

manner in which a holder of a certificate of registration may

electronically transmit such a plan, specification, report or other

document.

3. It is unlawful for a person to stamp or seal any plan, specification,

report or other document with the seal of a holder of a certificate of

registration after his certificate of registration has expired or has been

suspended or revoked, unless the certificate of registration has been

renewed or reissued.

Sec. 15. 1. Any person who, in good faith and without malicious

intent, provides information concerning a holder of a certificate of

registration or certificate to practice as a landscape architect intern or

an applicant for a certificate of registration or certificate to practice as a

landscape architect intern is immune from any civil action for providing

that information.

2. Any person who assists the board in the investigation or

prosecution of an alleged violation of a provision of this chapter, a

proceeding concerning the issuance or renewal of a certificate of

registration or certificate to practice as a landscape architect intern or a

criminal prosecution is immune from any civil liability for:

(a) Any decision or action taken in good faith and without malicious

intent in response to information acquired by the board; and

(b) Disseminating information concerning a holder of a certificate of

registration or certificate to practice as a landscape architect intern or

an applicant for a certificate of registration or certificate to practice as a

landscape architect intern to:

(1) Any other licensing board;

(2) A national association of registered boards;

(3) An agency of this state or the Federal Government;

(4) The attorney general; or

(5) Any law enforcement agency.

Sec. 16. No person may bring or maintain any action in the courts

of this state for the collection of compensation for the performance of

any act or contract for which a certificate of registration or certificate to

practice as a landscape architect intern is required by this chapter

without alleging and proving that the plaintiff in the action was

registered pursuant to the provisions of this chapter at all times during

the performance of the act or contract.

Sec. 17. The board may, by regulation, require 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. The

regulations must include the number of hours of continuing education

that the holder of the certificate of registration must complete to renew

his certificate.

Sec. 18. The board shall not issue a temporary certificate of

registration or certificate to practice as a landscape architect intern.

Sec. 19. 1. A person shall not engage in the practice of landscape

architecture or use the title of “landscape architect” or “landscape

architect intern” unless he is issued a certificate of registration or

certificate to practice as a landscape architect intern by the board

pursuant to the provisions of this chapter.

2. If an applicant complies with the provisions of this chapter and is

otherwise qualified to engage in the practice of landscape architecture,

the board shall, upon payment by the applicant of the applicable fees

prescribed by the board pursuant to the provisions of NRS 623A.240,

issue to the applicant a certificate of registration or certificate to practice

as a landscape architect intern. If a certificate of registration or

certificate to practice as a landscape architect intern is issued after the

beginning of the fiscal year, the board may prorate the fee that the

applicant must pay for that year pursuant to those provisions.

3. Each certificate of registration must include the complete name of

the holder of the certificate, the number of the certificate and the

signatures of the president and secretary of the board.

Sec. 20. The board may:

1. Grant or deny an application for a certificate to practice as a

landscape architect intern after examination and revoke or suspend a

certificate to practice as a landscape architect intern or take any other

disciplinary action set forth in NRS 623A.270 for any of the causes

specified in this chapter;

2. Hold membership in any organization relating to landscape

architects or the practice of landscape architecture; or

3. Administer examinations on behalf of any national association of

registered boards that certifies landscape architects.

Sec. 21. NRS 623A.020 is hereby amended to read as follows:

623A.020 As used in this chapter, unless the context otherwise

requires, words and terms defined in NRS 623A.030 to 623A.060,

inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed

to them in those sections.

Sec. 22. NRS 623A.030 is hereby amended to read as follows:

623A.030 “Board” means the state board of landscape architecture.

Sec. 23. NRS 623A.040 is hereby amended to read as follows:

623A.040 “Instruments of service” means the finalized drawings or

specifications prepared by the holder of a certificate [holder.] of

registration.

Sec. 24. NRS 623A.060 is hereby amended to read as follows:

623A.060 [The “practice] “Practice of landscape architecture”

[consists of holding] means to provide or hold professional services out

to the public, [or rendering,] including, without limitation, services for

consultation, investigation, reconnaissance, research, planning, design,

preparation of drawings and specifications and supervision [where] , if the

dominant purpose of the services is for the:

1. Preservation, enhancement or determination of proper land uses,

natural land features, ground cover and planting, naturalistic and esthetic

values, natural drainage, and the settings and approaches to buildings,

structures, facilities and other improvements; and

2. Consideration and determination of issues of the land relating to

erosion, wear and tear, lighting characteristics, and design of landscape

irrigation, lighting and grading.

[“Practice of landscape architecture”] The term includes the location and

arrangement of such tangible objects, structures and features as are

incidental and necessary to [this] that dominant purpose, but does not

include the design of structures or facilities with separate and self

-contained purposes for habitation or industry[,] whose design is normally

included in the practice of architecture or professional engineering.

Sec. 25. NRS 623A.070 is hereby amended to read as follows:

623A.070 1. This chapter does not apply to:

(a) Owners of property who make plans, specifications or drawings for

their own property.

(b) Any person engaged in the practice of architecture who is registered

pursuant to the provisions of chapter 623 of NRS.

NRS who provides his own drawings for his own construction activities.

(d) Any person who is licensed as a civil engineer pursuant to the

provisions of chapter 625 of NRS.

(e) Any person who designs, manufactures or sells irrigation equipment

and provides instructions pertaining to the mechanical erection and

installation of the equipment but does not install the equipment.

2. Any person exempted by the provisions of this section is not thereby

absolved from any civil or criminal liability that might otherwise accrue.

3. The exemptions provided by this section do not entitle any person

who does not hold a certificate of registration or certificate to practice as

a landscape [architecture] architect intern to hold himself out to the public

or advertise himself as a landscape architect or a landscape architect

intern.

Sec. 26. NRS 623A.080 is hereby amended to read as follows:

623A.080 1. The state board of landscape architecture, consisting of

[5] five members appointed by the governor, is hereby created.

2. The governor shall appoint:

(a) Four members who , at the time of their appointment, are not the

subject of any disciplinary action by the board and who, for not less than

3 years immediately preceding their appointment, have been [engaged] :

(1) Engaged in the practice of landscape architecture [for at least 3

years prior to their appointment; and] ; and

(2) Holders of certificates of registration; and

(b) One member who is a representative of the general public.

3. Each member must have been a resident of [the] this state for [at

least 2 years prior to their] not less than 3 years immediately preceding

his appointment.

4. [Members] A member of the board shall not serve for more than

three [consecutive] terms.

5. [Before entering upon the discharge of his duties, each] Each

member of the board shall , within 30 days after he is appointed, take and

subscribe to the oath of office as prescribed by the laws of this state and

file [it] the oath with the secretary of state.

6. The member who is a representative of the general public shall not

participate in preparing [, conducting] or grading any examination

required by the board.

7. Upon receipt of a complaint concerning a member of the board

and for good cause shown, the governor may, after providing 10 days

notice to the member and providing an opportunity for a hearing,

remove the member for inefficiency, neglect of duty or malfeasance in

office.

8. An appointment to fill a vacancy in the membership of the board

for a cause other than expiration of the term must be for the unexpired

portion of the term.

9. A member, agent or employee of the board or any hearing officer

or member of a hearing panel appointed by the board is immune from

personal liability relating to any action taken in good faith and within

the scope of his authority.

Sec. 27. NRS 623A.090 is hereby amended to read as follows:

623A.090 1. Members of the board are entitled to receive:

(a) A salary of not more than $80 per day, as fixed by the board, while

engaged in the business of the board; and

(b) A per diem allowance and travel expenses at a rate fixed by the

board, while engaged in the business of the board. The rate must not

exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the board, each employee of the

board is entitled to receive a per diem allowance and travel expenses at a

rate fixed by the board. The rate must not exceed the rate provided for

state officers and employees generally.

3. Any salary, per diem allowance or travel expenses paid pursuant

to the provisions of this section must be paid from money kept or

deposited by the board in accordance with the provisions of NRS

623A.150.

Sec. 28. NRS 623A.100 is hereby amended to read as follows:

623A.100 1. At each annual meeting of the board, the members

shall:

(a) Elect [one member as president;] a president and a secretary; and

(b) Appoint an executive director.

2. The president and the secretary of the board serve without

additional compensation.

3. The executive director [may] must not be a member of the board

and is entitled to a salary fixed by the board.

[3.] 4. The executive director shall:

(a) Keep an accurate record of all proceedings of the board;

(b) [Have] Maintain custody of the official seal; [and]

holders.] holders of certificates of registration and certificates to practice

as a landscape architect intern;

(d) Submit to the board each application for a certificate of

registration or certificate to practice as a landscape architect intern that

is filed with the board;

(e) If a holder of a certificate of registration or certificate to practice

as a landscape architect intern has violated any provision of this

chapter, file a complaint with the attorney general; and

(f) Perform any other duties assigned to him by the board.

Sec. 29. NRS 623A.120 is hereby amended to read as follows:

623A.120 The board may [employ] :

1. Employ and fix the compensation for legal counsel, inspectors,

special agents, investigators and clerical personnel necessary to the

discharge of its duties[.] ; and

2. Reimburse an employee specified in subsection 1 for any actual

expenses incurred by the employee while acting on behalf of the board.

Sec. 30. NRS 623A.130 is hereby amended to read as follows:

623A.130 The board shall:

1. Adopt an official seal.

2. Administer and enforce the provisions of this chapter.

3. Adopt regulations for the administration of this chapter.

4. Administer and conduct comprehensive examinations of applicants,

which [shall] must test the applicant’s fitness to engage in the [business]

practice of landscape [architect.] architecture.

Sec. 31. NRS 623A.150 is hereby amended to read as follows:

623A.150 1. All money coming into the possession of the board

must be kept or deposited by the executive director in [banks, credit

unions] an account in a bank, credit union or savings and loan

[associations in the State of Nevada.] association in this state.

2. Except as otherwise provided in subsection 6, all money collected

by the board must be used to pay the expenses of [examinations, expenses

of] :

(a) Examinations and the issuance of certificates of registration and

[expenses to conduct] certificates to practice as a landscape architect

intern; and

(b) Conducting the business of the board.

3. The expenses, including the per diem allowances and travel

expenses of the members and employees of the board while engaged in the

business of the board and the expenses to conduct examinations, must be

paid from the current receipts. No portion thereof may be paid from the

state treasury.

4. Any balance remaining in excess of the expenses incurred may be

retained by the board and used to defray the future expenses of the board.

5. The board may delegate to a hearing officer or panel its authority to

take any disciplinary action pursuant to the provisions of this chapter,

impose and collect fines and penalties therefor and deposit the money

therefrom in [banks, credit unions] an account maintained by the board

in a bank, credit union or savings and loan [associations in this state.]

association specified in subsection 1.

6. If a hearing officer or panel is not authorized to take disciplinary

action pursuant to the provisions of subsection 5 and the board deposits

the money collected from the imposition of fines with the state treasurer

for credit to the state general fund, it may present a claim to the state board

of examiners for recommendation to the interim finance committee if

money is needed to pay attorney’s fees or the costs of an investigation, or

both.

Sec. 32. NRS 623A.170 is hereby amended to read as follows:

623A.170 1. Any person who [is] :

(a) Is at least 21 years of age [and who has had 6 years of] ;

(b) Is of good moral character;

and work in the United States; and

(d) Has satisfied the requirements for education and experience in

landscape architecture, in any combination deemed suitable by the

board,

may submit an application for a certificate of registration to the board

upon a form and in a manner prescribed by the board. The application

must include the social security number of the applicant and be

accompanied by the application fee [.] prescribed by the board pursuant

to the provisions of NRS 623A.240.

2. Each year of study, not exceeding 5 years of study, satisfactorily

completed in a program of landscape architecture accredited by the

Landscape Architectural Accrediting Board or a similar national board

approved by the board, or a program of landscape architecture in this

state approved by the board is considered equivalent to 1 year of

experience in landscape architectural work for the purpose of

registration as a landscape architect.

3. The board shall, by regulation, establish standards for

examinations which may be consistent with standards employed by other

states. The board may adopt the standards of a national association of

registered boards approved by the board, and the examination and

grading procedure of that organization, as they exist on the date of

adoption. Examinations may include tests in such technical,

professional and ethical subjects as are prescribed by the board.

4. If the board administers or causes to be administered an

examination during:

(a) June of any year, an application to take that examination must be

postmarked not later than March 1 of that year; or

(b) December of any year, an application to take that examination

must be postmarked not later than September 1 of that year.

Sec. 33. NRS 623A.180 is hereby amended to read as follows:

623A.180 1. The board shall approve or disapprove each application.

[If] Except as otherwise provided in subsection 4, if the board is satisfied

that the information [contained] set forth in the application is true, and that

the applicant is qualified to take the examination, has submitted the

statement required pursuant to the provisions of NRS 623A.185 and has

paid the examination fee, it shall approve the application.

2. [Whenever] If the board approves an application, the executive

director shall promptly notify the applicant in writing of the approval and

of the time and place of the examination, if required.

3. [Whenever] If the board disapproves an application, the executive

director shall promptly notify the applicant of the disapproval, stating the

reasons therefor.

4. The board may disapprove an application for any violation of the

provisions of this chapter.

Sec. 34. NRS 623A.185 is hereby amended to read as follows:

623A.185 1. An applicant for the issuance or renewal of a certificate

of registration or certificate to practice as a landscape [architecture]

architect intern shall submit to the board the statement prescribed by the

welfare division of the department of human resources pursuant to the

provisions of NRS 425.520. The statement must be completed and signed

by the applicant.

2. The board shall include the statement required pursuant to the

provisions of subsection 1 in:

(a) The application or any other forms that must be submitted for the

issuance or renewal of the certificate[;] of registration or certificate to

practice as a landscape architect intern; or

(b) A separate form prescribed by the board.

3. A certificate of registration or certificate to practice as a landscape

[architecture] architect intern may not be issued or renewed by the board

if the applicant:

(a) Fails to submit the statement required pursuant to the provisions of

subsection 1; or

(b) Indicates on the statement submitted pursuant to the provisions of

subsection 1 that he is subject to a court order for the support of a child

and

is not in compliance with the order or a plan approved by the district

attorney or other public agency enforcing the order for the repayment of

the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to

subsection 1 that he is subject to a court order for the support of a child

and is not in compliance with the order or a plan approved by the district

attorney or other public agency enforcing the order for the repayment of

the amount owed pursuant to the order, the board shall advise the applicant

to contact the district attorney or other public agency enforcing the order

to determine the actions that the applicant may take to satisfy the

arrearage.

Sec. 35. NRS 623A.190 is hereby amended to read as follows:

623A.190 1. The board shall [give] administer or cause to be

administered a written examination to each applicant for a certificate [an

examination, which may be written or oral, or both.] of registration or

certificate to practice as a landscape architect intern.

2. The examination must be given at such times and places and under

such supervision as the board may determine.

3. The board may [examine in whatever] include in the written

examination any theoretical or applied fields and ethical issues it deems

appropriate to determine professional skills and judgment.

4. The board shall , by regulation , establish [what constitutes a

passing grade.] the grade that is required to pass the written

examination.

5. The written examination may be waived by the board if the

applicant:

(a) Presents documentation that he has [taken and passed, with a grade

that is a passing grade in this state, a written] passed an examination in

another state [having equivalent scope and subject matter;] or country that

has been accepted as an equivalent by the national association of

registered boards; or

(b) Has been certified by [the Council of Landscape Architectural

Registration Boards as having passed the senior practitioner examination

or through reciprocity procedures with foreign countries having

requirements for licensing acceptable to the board.] such an organization.

6. Written examination papers [and transcripts of any oral

examinations] must be destroyed after a certificate of registration is

issued.

7. If the applicant fails to pass the written examination or any part

thereof, he may retake the examination or the part failed in a

subsequent examination upon the payment of the applicable fees

prescribed by the board pursuant to the provisions of NRS 623A.240.

Sec. 36. NRS 623A.200 is hereby amended to read as follows:

623A.200 1. [Certificates expire] Each certificate of registration

expires on June 30 next following the date of issuance.

2. [Certificates] A certificate of registration may be renewed for 1

year from each succeeding July 1, upon submission of [the] :

(a) The statement required pursuant to the provisions of NRS 623A.185

[and payment of the] ;

(b) The annual renewal fee [.] prescribed by the board pursuant to the

provisions of NRS 623A.240; and

board for continuing education for the renewal of the certificate of

registration.

3. A certificate of registration that has expired through failure to be

renewed may be renewed at any time within 1 year after the date of its

expiration upon application to and with the approval of the board and

upon payment of the annual renewal fee and the delinquency fee

prescribed by the board pursuant to the provisions of NRS 623A.240.

4. A certificate [which] of registration that has expired for failure to

[pay the annual renewal fee] be renewed within 1 year after the date of its

expiration may be reinstated by the board without examination within 3

years after the date the certificate of registration expires upon application

to and with the approval of the board and upon payment of [the

delinquent renewal fee, in addition to the] :

(a) The annual renewal fee for each year, or part thereof, the certificate

of registration is not renewed[.] ;

(b) The delinquency fee; and

5. If a holder of a certificate of registration submits to the board a

statement, annual renewal fee and proof required pursuant to the

provisions of subsection 2, or if the board approves the renewal or

reinstatement of a certificate of registration pursuant to the provisions of

subsection 3 or 4, the executive director of the board shall, upon receipt

of the statement, applicable fees and proof or upon receipt of the

approval of the board, issue a renewal card to the applicant, indicating

that his certificate of registration is renewed for 1 year. The renewal

card must bear the seal of the board and include:

(a) The number of the certificate of registration; and

(b) The signature of the president or executive director of the board or

a facsimile of that signature.

6. The renewal of a certificate of registration and the number of the

certificate of registration must be recorded by the executive director of

the board in accordance with the provisions of section 8 of this act.

7. The unauthorized use or display of a certificate of registration or

renewal card for that certificate of registration, or the seal of a holder of

a certificate of registration, is unlawful.

Sec. 37. NRS 623A.210 is hereby amended to read as follows:

623A.210 [1.] If a certificate of registration has not been renewed

within 3 years after its expiration, the holder of the certificate [holder] of

registration may apply for and obtain a new certificate of registration if[:

(a) He is] he:

1. Is otherwise eligible;

[(b) He pays]

2. Pays all fees required by this chapter; [and

3. Passes an examination administered or approved by the board;

and

4. Establishes to the satisfaction of the board that he is qualified to

practice landscape architecture.

[2. The board may waive all or part of the examination fee if the

applicant is not required to take the examination.]

Sec. 38. NRS 623A.220 is hereby amended to read as follows:

623A.220 1. A suspended certificate of registration expires unless it

is renewed by the holder of the certificate [holder.] of registration. The

renewal does not entitle the holder to engage in the practice of landscape

architecture until the expiration of the suspension period or until the

certificate of registration is reinstated by the board.

2. A revoked certificate of registration expires and is not subject to

renewal. If the certificate of registration is reinstated after its expiration,

the holder of the certificate [holder] of registration shall pay [a

reinstatement fee as prescribed in] the fee for reinstatement prescribed by

the board pursuant to the provisions of NRS 623A.240.

Sec. 39. NRS 623A.230 is hereby amended to read as follows:

623A.230 1. A holder of a certificate [holder] of registration shall

notify the executive director in writing of any change of address of his

business or residence and if the certificate of registration has been lost,

stolen, destroyed or mutilated.

2. The executive director shall issue a duplicate certificate of

registration in accordance with regulations established by the board upon

application and payment of the fee[.] for replacement of a certificate of

registration prescribed by the board pursuant to the provisions of NRS

623A.240.

Sec. 40. NRS 623A.240 is hereby amended to read as follows:

623A.240 1. The following fees must be prescribed by the board and

must not exceed the following amounts:

Application fee........................................ $200.00

Examination fee...................................... 100.00,

plus the actual

cost of the

examination

Certificate of registration............................. 25.00

Annual renewal fee.................................... 200.00

Reinstatement fee...................................... 300.00

Delinquency fee.......................................... 50.00

Change of address fee................................ 10.00

Copy of a document, per page........................ .25

2. In addition to the fees set forth in subsection 1, the board may

charge and collect a fee for any other service it provides. The fee must not

exceed the cost incurred by the board to provide the service.

3. The board may authorize a landscape architect intern to pay the

application fee or any portion of that fee during any period in which he

is the holder of a certificate to practice as a landscape architect intern. If

a landscape architect intern pays the fee or any portion of the fee during

that period, the board shall credit the amount paid by him towards the

entire amount of the application fee for the certificate of registration

required pursuant to this section.

4. The fees prescribed by the board pursuant to this section must be

paid in United States currency in the form of a check, cashier’s check or

money order. If any check submitted to the board is dishonored upon

presentation for payment, repayment of the fee, including the fee for a

returned check, must be made by money order or certified check.

5. The fees prescribed by the board pursuant to this section are

nonrefundable.

Sec. 41. NRS 623A.250 is hereby amended to read as follows:

623A.250 1. A firm, partnership, corporation or association may

engage in the practice of landscape architecture if:

(a) All work is performed under the supervision and direction of a

holder of a certificate [holder;] of registration;

(b) The name [or names of all certificate holders appear] of the holder

of a certificate of registration appears in the name of the firm,

partnership, corporation or association;

appears on all papers or documents used in the practice of landscape

architecture; and

(d) All instruments of service are signed by the holder of the certificate

[holder.] of registration.

2. Architects, registered interior designers, residential designers,

professional engineers and landscape architects may, in accordance with

NRS 623.349, join or form a partnership, corporation, limited-liability

company or other business organization or association with registrants and

licensees outside of their field of practice, or with persons who are not

registered or licensed.

3. Each office or place of business of any partnership, corporation,

limited-liability company or other business organization or association

engaged in the practice of landscape architecture pursuant to the

provisions of subsection 2 shall have a landscape architect who is a

resident of this state and holds a certificate of registration issued

pursuant to this chapter regularly working in the office or place of

business and directly responsible for the administration of the landscape

architectural work conducted in the office or place of business.

4. A registrant or licensee practicing in a business organization or

association pursuant to subsection 2 remains subject to NRS 89.220.

5. If a person who is not a holder of a certificate of registration, or if

a holder of a certificate of registration who is not an owner, and who is

employed by or affiliated with a business organization or association

that holds a certificate issued pursuant to NRS 623.349 is found by the

board to have violated a provision of this chapter or a regulation adopted

by the board, the board may hold the business organization or

association and each holder of a certificate of registration who is an

owner responsible for the violation.

Sec. 42. NRS 623A.260 is hereby amended to read as follows:

623A.260 1. A firm, partnership, corporation or association engaged

in the practice of landscape architecture may, upon the approval of the

board, establish and operate branch offices within [the] this state.

2. A branch office [shall] must be operated by a resident landscape

architect who holds a certificate [issued pursuant to this chapter.] of

registration.

3. Offices established for the purpose of observing construction work

on a project are [not]considered branch offices.

Sec. 43. NRS 623A.270 is hereby amended to read as follows:

623A.270 1. The board may:

[1.] (a) Suspend or revoke a certificate[;

2.] of registration or certificate to practice as a landscape architect

intern;

(b) Refuse to renew a certificate[;

3.] of registration or certificate to practice as a landscape architect

intern;

to practice as a landscape architect intern on probation;

[4.] (d) Issue a reprimand to a holder of a certificate [holder;

5.] of registration or certificate to practice as a landscape architect

intern;

(e) Impose upon a holder of a certificate [holder] of registration or

certificate to practice as a landscape architect intern a fine of not more

than $5,000 for each violation of this chapter;

[6.] (f) Require a holder of a certificate [holder] of registration or

certificate to practice as a landscape architect intern to pay restitution;

[7.] (g) Require a holder of a certificate [holder] of registration or

certificate to practice as a landscape architect intern to pay the costs of

an investigation or prosecution; or

[8.] (h) Take such other disciplinary action as the board deems

appropriate,

if the holder of a certificate [holder] of registration or certificate to

practice as a landscape architect intern has committed any act set forth in

NRS 623A.280.

2. The conditions for probation imposed pursuant to the provisions

of subsection 1 may include, without limitation:

(a) Restriction on the scope of professional practice;

(b) Peer review;

(d) The payment of restitution to each person who suffered harm or

loss; and

(e) The payment of all costs of the administrative investigation and

prosecution.

3. If the board imposes discipline pursuant to the provisions of this

section, the board may recover the costs of the proceeding, including any

investigative costs and attorney’s fees.

4. The board may adopt regulations setting forth a schedule of fines

for the purposes of paragraph (e) of subsection 1.

Sec. 44. NRS 623A.280 is hereby amended to read as follows:

623A.280 1. The following acts, among others, constitute cause for

disciplinary action[:

1.] if proof satisfactory to the board is presented that:

(a) A holder of a certificate [holder] of registration has signed or sealed

instruments of service which were not prepared by him or under his

[immediate] direct supervision.

[2.] (b) A holder of a certificate [holder] of registration has permitted

the use of his signature or seal by another person to evade the provisions

of this chapter or any regulation adopted by the board.

[3.] (c) A holder of a certificate [holder] of registration has not signed,

sealed or dated instruments of service prepared by [the certificate holder.

4.] him.

(d) A holder of a certificate [holder] of registration or certificate to

practice as a landscape architect intern impersonates a landscape

architect or landscape architect intern of the same or similar name.

[5.] (e) A holder of a certificate [holder is practicing] of registration or

certificate to practice as a landscape architect intern practices under an

assumed, fictitious or corporate name.

[6.] (f) A holder of a certificate [holder is practicing] of registration or

certificate to practice as a landscape architect intern practices landscape

architecture in violation of the provisions of this chapter or any regulation

adopted by the board.

[7.] (g) A holder of a certificate [holder] of registration or certificate

to practice as a landscape architect intern has obtained his certificate of

registration or certificate to practice as a landscape architect intern by

fraud or misrepresentation.

[8.] (h) A holder of a certificate [holder] of registration or certificate

to practice as a landscape architect intern is guilty of fraud or deceit in

the practice of landscape architecture.

[9.] (i) A holder of a certificate [holder] of registration or certificate to

practice as a landscape architect intern is guilty of incompetency,

negligence[, willful misconduct] or gross [incompetence.] negligence.

[10.] (j) A holder of a certificate [holder] of registration or certificate

to practice as a landscape architect intern is convicted of, or enters a plea

of nolo contendere to:

[(a)] (1) Any felony; or

[(b)] (2) Any crime, an essential element of which is dishonesty, or

which is directly related to the practice of landscape architecture.

[11.] (k) A holder of a certificate [holder] of registration or certificate

to practice as a landscape architect intern is guilty of aiding or abetting

any person in the violation of the provisions of this chapter or any

regulation adopted by the board.

[12.] (l) A person [is practicing] practices as a landscape architect with

a certificate [which] of registration or certificate to practice as a

landscape architect intern that has expired or has been suspended or

revoked.

[13.] (m) A holder of a certificate [holder] of registration or certificate

to practice as a landscape architect intern is disciplined by an agency of

another state or foreign country which regulates the practice of landscape

architecture and at least one of the grounds for the disciplinary action

taken is a ground for disciplinary action pursuant to the provisions of this

chapter.

(n) A holder of a certificate of registration or certificate to practice as

a landscape architect intern fails to comply with an order issued by the

board or to cooperate in an investigation conducted by the board.

2. As used in this section:

(a) “Gross negligence” means conduct that demonstrates a reckless

disregard of the consequences affecting the life or property of another

person.

(b) “Incompetency” means conduct that, in the practice of landscape

architecture, demonstrates a significant lack of ability, knowledge or

fitness to discharge a professional obligation.

professional care exercised generally by other members in the practice

of landscape architecture.

Sec. 45. NRS 623A.285 is hereby amended to read as follows:

623A.285 1. If the board receives a copy of a court order issued

pursuant to the provisions of NRS 425.540 that provides for the

suspension of all professional, occupational and recreational licenses,

certificates and permits issued to a person who is the holder of a certificate

of registration or certificate to practice as a landscape [architecture,]

architect intern, the board shall deem the certificate of registration or

certificate to practice as a landscape architect intern issued to that person

to be suspended at the end of the 30th day after the date on which the court

order was issued unless the board receives a letter issued to the holder of

the certificate of registration or certificate to practice as a landscape

architect intern by the district attorney or other public agency pursuant to

the provisions of NRS 425.550 stating that the holder of the certificate of

registration or certificate to practice as a landscape architect intern has

complied with the subpoena or warrant or has satisfied the arrearage

pursuant to the provisions of NRS 425.560.

2. The board shall reinstate a certificate of registration or certificate to

practice as a landscape [architecture] architect intern that has been

suspended by a district court pursuant to the provisions of NRS 425.540 if

the board receives a letter issued by the district attorney or other public

agency pursuant to the provisions of NRS 425.550 to the person whose

certificate of registration or certificate to practice as a landscape

architect intern was suspended stating that the person whose certificate of

registration or certificate to practice as a landscape architect intern was

suspended has complied with the subpoena or warrant or has satisfied the

arrearage pursuant to the provisions of NRS 425.560.

Sec. 46. NRS 623A.290 is hereby amended to read as follows:

623A.290 1. The board, any [one of the members] member of the

board or any other person who becomes aware that any one or more of the

grounds for initiating disciplinary action may exist as to a holder of a

certificate [holder] of registration or certificate to practice as a landscape

[architecture] architect intern may file a complaint specifying the relative

facts with the executive director of the board.

2. A complaint must be made in writing and be signed and verified by

the person making it.

Sec. 47. NRS 623A.310 is hereby amended to read as follows:

623A.310 1. The hearing of a complaint must be conducted by the

board. The defendant [certificate holder] is entitled to appear in person and

by legal counsel and must be given adequate opportunity to confront the

witnesses against him, to testify and introduce the testimony of witnesses

in his behalf, and to submit argument and briefs in person or by his

counsel.

2. The failure of the person named in the complaint to attend his

hearing or to defend himself must not delay or void the proceedings.

3. The board may, for good cause shown, continue any hearing.

4. Upon conclusion of the hearing or as soon as practicable thereafter,

the board shall make and announce its decision.

Sec. 48. NRS 623A.320 is hereby amended to read as follows:

623A.320 If the board revokes or suspends a [license] certificate of

registration or certificate to practice as a landscape architect intern for a

fixed [time,] period, the holder of the certificate [holder] of registration

or certificate to practice as a landscape architect intern may apply for a

rehearing within 10 days and the board may grant [such] the application

within 30 days thereafter.

Sec. 49. NRS 623A.330 is hereby amended to read as follows:

623A.330 If the board grants a rehearing, the executive director shall

immediately notify the holder of the certificate [holder] of registration or

certificate to practice as a landscape architect intern of the date and

place [which] that the board has fixed for the rehearing, which date must

not be less than 10 days thereafter. The hearingmust be conducted in the

same manner as the former hearing. Upon conclusion thereof, or as soon

as practicable thereafter, the board shall make and announce its decision.

Sec. 50. NRS 623A.350 is hereby amended to read as follows:

623A.350 1. Except as otherwise provided in subsection 2, a

complaint [shall] must not be filed against [a certificate] the holder of a

certificate of registration or certificate to practice as a landscape

architect intern if 2 years or more have elapsed since the occurrence of

the act or omission alleged as the ground for disciplinary action.

2. If the act or omission alleges fraud or misrepresentation, the

complaint [shall] must be filed within 2 years after the discovery of the

fraud or misrepresentation.

Sec. 51. NRS 623A.355 is hereby amended to read as follows:

623A.355 All advertising by or business cards of a holder of a

certificate [holder] of registration must include the number of his

certificate[.] of registration.

Sec. 52. NRS 623A.360 is hereby amended to read as follows:

623A.360 Any person who:

1. Violates any of the provisions of this chapter;

2. Having had his certificate of registration or certificate to practice

as a landscape architect intern suspended or revoked, continues to solicit

business or otherwise represent himself as a landscape architect[;] or

landscape architect intern;

3. Engages in the practice of landscape architecture without holding a

certificate [issued by the board;] of registration or certificate to practice

as a landscape architect intern; or

4. Uses the title or term “landscape architect,” “landscape [designer”]

designer,” “landscape consultant,” “landscape draftsman” or

“landscape architect intern,” or any other title or term indicating or

implying that he is a landscape architect or landscape architect intern in

any sign, card, listing, advertisement or in any other manner without

holding a certificate [issued by the board,] of registration or certificate to

practice as a landscape architect intern,

is guilty of a misdemeanor.

Sec. 53. NRS 623A.370 is hereby amended to read as follows:

623A.370 1. A violation of a provision of this chapter by a person

[unlawfully] :

(a) Unlawfully representing himself as a landscape architect , landscape

designer, landscape consultant, landscape draftsman or [engaging]

landscape architect intern, or using any other title or term indicating or

implying that he is a landscape architect or landscape architect intern;

(b) Engaging in the practice of landscape architecture ,

without holding a certificate [issued by the board] of registration or

certificate to practice as a landscape architect intern, may be enjoined by

a district court on petition by the president of the board in the name of the

board. In any such proceeding it is not necessary to show that any person

is individually injured.

2. If the respondent in a proceeding specified in subsection 1 is found

guilty of [unlawfully] :

(a) Unlawfully representing himself as a landscape architect , landscape

designer, landscape consultant, landscape draftsman or [engaging]

landscape architect intern, or using any other title or term indicating or

implying that he is a landscape architect or landscape architect intern;

(b) Engaging in the practice of landscape architecture ,

without holding a certificate [issued by the board,] of registration or

certificate to practice as a landscape architect intern, the court shall

enjoin him from continuing that representation , usage or practice. The

procedure in such cases must be the same as in any other application for

an injunction. The remedy by injunction is in addition to any criminal

prosecution and punishment or any disciplinary action taken by the board.

Sec. 54. Section 12 of this act is hereby amended to read as follows:

Sec. 12. 1. Any person who:

(a) Is at least 21 years of age;

(b) Is of good moral character;

and work in the United States; and

(d) Has graduated from a school approved by the board or has

completed at least 4 years of work experience in the practice of

landscape architecture in accordance with regulations adopted by the

board,

may submit an application to the board for a certificate to practice as a

landscape architect intern.

2. The application must be submitted on a form furnished by the

board and include[:

(a) The statement required by NRS 623A.185;

(b) The social security number of the applicant; and

provisions of NRS 623A.240.

Sec. 55. Nothwithstanding the amendatory provisions of section 26 of

this act, each member of the board of landscape architecture continues to

serve until the expiration of his term.

Sec. 56. 1. This section and sections 1 to 53, inclusive, 55 and 57 of

this act become effective on July 1, 2001.

2. Section 54 of this act becomes effective on the date on which the

provisions of 42 U.S.C. § 666 requiring each state to establish procedures

under which the state has authority to withhold or suspend, or to restrict

the use of professional, occupational and recreational licenses of persons

who:

(a) Have failed to comply with a subpoena or warrant relating to a

proceeding to determine the paternity of a child or to establish or enforce

an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more

children,

are repealed by the Congress of the United States.

Sec. 57. The legislative counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised

Statutes, with respect to any section that is not amended by this act or is

further amended by another act, appropriately change any reference to

“board of landscape architecture” to “state board of landscape

architecture.”

2. In preparing supplements to the Nevada Administrative Code,

appropriately change any reference to “board of landscape architecture” to

“state board of landscape architecture.”

²⁰~~~~~⁰¹