Commerce, Occupational and Professional Licensing

Rule R156-53

Landscape Architects Licensing Act Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 35112
Filed: 08/04/2011 03:32:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2011 General Session, H.B. 196 passed which amended the Landscape Architects Licensing Act, Title 58, Chapter 53, to include a continuing education requirement for landscape architects. As a result of H.B. 196, an amendment clarifying the continuing education requirement needs to be made to this rule. Other changes are made at the request of the Division and the Landscape Architects Licensing Board.

Summary of the rule or change:

Throughout the rule, the term "rules" is changed to "rule" where applicable, "Division" is capitalized, citation references are updated, and minor grammatical changes are made. In Subsection R156-53-302a(1)(b), the proposed amendment adds the word "general" to clarify the level of supervision that an individual must be under to satisfy the experience requirement. In Subsection R156-53-302a(2), the proposed amendment deletes this paragraph because current certification with the Council of Landscape Architectural Registration Boards (CLARB) does not necessarily guarantee that an applicant completed the education and experience requirements established in Subsections R156-53-302a(1)(a) or (b). Deleting Subsection R156-53-302a(2) will cause all applicants to be required to fulfill the requirements in either Subsections R156-53-302a(1)(a) or (b). In Section R156-53-304, the proposed amendments clarify continuing education requirements for licensees which the newly amended statute now requires. In Section R156-53-308, the proposed amendments clarify reinstatement requirements for landscape architects whose licenses have been expired for over two years. In Section R156-53-401, the proposed amendment adds Subsection R156-53-401(4) to define as unprofessional conduct the violation of any provision of the American Society of Landscape Architects (ASLA) Code of Professional Ethics, last amended by the ASLA Board of Trustees May 2, 2009. Section R156-53-501 is renumbered to Section R156-53-502; proposed amendments change the administrative penalties/fine schedule to a table format. Remaining subsections are renumbered.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-53-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Costs incurred as a result of the new continuing education requirement for landscape architects due to the passing of H.B. 196 will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. Any cost impact to either small businesses or persons other than businesses brought about by the new continuing education requirement comes as a result of changes to the statute under H.B. 196. The fiscal note for H.B. 196 should be reviewed for information regarding the legislative bill's cost impact and in turn any anticipated costs with respect to this clarifying rule.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. Any cost impact to either small businesses or persons other than businesses brought about by the new continuing education requirement comes as a result of changes to the statute under H.B. 196. The fiscal note for H.B. 196 should be reviewed for information regarding the legislative bill's cost impact and in turn any anticipated costs with respect to this clarifying rule.

Compliance costs for affected persons:

The proposed amendments only apply to licensed landscape architects and applicants for licensure in that classification. Any cost impact to affected persons brought about by the new continuing education requirement comes as a result of changes to the statute under H.B. 196. The fiscal note for H.B. 196 should be reviewed for information regarding the legislative bill's cost impact and in turn any anticipated costs with respect to this clarifying rule. The deletion of Subsection R156-53-302a(2) may result in applicants certified by the Council of Landscape Architectural Registration Boards (CLARB) being unable to qualify for a license if they do not fulfill either requirement established in Subsection R156-53-302a(1). Removal of Subsection R156-53-302a(2) may have cost impact on such applicants as they may have been initially licensed in a jurisdiction that required less experience. However, the Division is not able to determine how may applicants this will pertain to and if it does pertain to an applicant, any costs associated with the change due to a wide degree of circumstances. Also, there is no cost associated with the ASLA Code of Professional Ethics since this document can be found on the ASLA website.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing implements recent statutory amendments, corrects statutory references, and provides clarifying definitions and provisions. The continuing education requirements as well as the deletion of a provision which accepted an applicant's certification by the Council of Landscape Architectural Registration Boards as meeting the education and experience requirement could result in a cost to potential applicants and licensees, but that impact was previously addressed by the Legislature in passing the authorizing statutory amendments.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/03/2011

Interested persons may attend a public hearing regarding this rule:

• 09/26/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402 (fourth floor), Salt Lake City, UT

This rule may become effective on:

10/10/2011

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-53. Landscape Architects Licensing Act Rule[s].

R156-53-101. Title.

[These rules are]This rule is known as the "Landscape Architects Licensing Act Rule[s]".

 

R156-53-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 53, as used in Title 58, Chapters 1 and 53 or [these rules]this rule:

(1) "Employee" or "employee, subordinate, associate, or drafter" of a landscape architect, as used in Subsections 58-53-102(5) and 58-53-603(2) and [these rules]this rule, means one or more individuals not licensed as a landscape architect who are working for, with, or providing landscape architect services under the supervision or direction of the licensed landscape architect.

(2) "Under the direction of the landscape architect" or "under the supervision of a licensee", as used in Subsection 58-53-102(5) and 58-53-603(2), means that the unlicensed employee, subordinate, associate, or drafter of the landscape architect engages in the practice of landscape architecture only on work initiated by the landscape architect, and only under the administration, charge, control, command, authority, oversight, guidance, jurisdiction, regulation, management, and authorization of the landscape architect.

(3) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 53 is further defined, in accordance with Subsections 58-1-203([5]1) (e) and 58-53-102(7), in Section R156-53-401.

 

R156-53-103. Authority - Purpose.

[These rules are]This rule is adopted by the [d]Division under the authority of Subsection 58-1-106(1) to enable the [d]Division to administer Title 58, Chapter 53.

 

R156-53-302a. Qualifications for Licensure - Education and Experience Requirements.

(1) In accordance with Subsections 58-53-302(1)(d)(i) and (ii), an applicant for licensure shall complete the following education or experience requirements:

(a) [the]a bachelors or masters degree in landscape architecture which shall be from a curriculum accredited by the Landscape Architectural Accreditation Board (LAAB); or

(b) [the] eight years of experience shall be full or part time employment for periods of time not less than ten weeks in length under the general supervision of one or more licensed landscape architects.[

(2) Current certification with the Council of Landscape Architectural Registration Boards (CLARB) is evidence of having completed the education and experience requirements set forth in Subsections (1)(a) and (b).]

 

R156-53-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licenses under Title 58, Chapter 53 is established by rule in Section R156-1-308 a.

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

 

R156-53-304. Continuing Education for Landscape Architects.

In accordance with Section 58-53-303, the continuing education standards for landscape architects are established as follows:

(1) Beginning June 1, 2012, during each two-year renewal cycle ending on May 31 of each even-numbered year, a licensed landscape architect shall complete not less than 16 contact hours of continuing education directly related to the licensee's professional practice.

(2) The required number of contact hours of continuing education for an individual who first becomes licensed during the two-year renewal cycle shall be decreased in a pro-rata amount equal to any part of that two-year renewal cycle preceding the date on which that individual first became licensed.

(3) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(4) A continuing education activity shall meet the following standards:

(a) Activity Content and Types. The activity shall have an identifiable, clear statement of purpose and defined objective directly related to the practice of landscape architecture and directly related to topics involving the public health, safety, and welfare of landscape architecture practice and the ethical standards of landscape architectural practice.

(i) Health, safety, welfare, and ethical standards as used in this Subsection are defined to including the following:

(A) The definition of "health" shall include aspects of landscape architectural practice that have salutary effects among users of sites, site structures, pedestrian ways, and vehicular facilities that are environmental and affect human health. Examples include all aspects of air quality, provisions of personal hygiene, and use of non-toxic materials and finishes.

(B) The definition of "safety" shall include aspects of landscape architectural practice intended to limit or prevent accidental injury or death among users such as sites, site structures, or construction sites. Examples include safe access and egress within sites and site structures, minimization of slipping hazards on exterior surfaces, correct proportions and visibility of stairs, safety railings, and accommodations for users with disabilities.

(C) The definition of "welfare" shall include aspects of landscape architectural practice that consist of values that may be social, psychological, cultural, spiritual, physical, aesthetic, and monetary in nature. Examples include spaces that afford natural light, natural materials, or views of nature or whose proportions, color, or materials engender positive emotional responses from its users.

(D) The definition of "ethical standards for landscape architectural practice" shall include the ASLA Code of Professional Ethics, specified in Subsection R156-53-401(4).

(ii) The activity shall be completed in the form of any of the following activity types:

(A) in-house programs sponsored by an organization;

(B) seminar;

(C) lecture;

(D) conference;

(E) training session;

(F) webinar;

(G) internet course;

(H) distance learning course;

(I) televised course;

(J) authoring of an article, textbook, or professional book publication;

(K) lecturing in or instructing a continuing education course;

(L) study of a scholarly peer-reviewed journal article, book, or book chapter;

(M) pro-bono service that has a clear purpose and objective and maintains, improves, or expands the professional knowledge or skill of the licensee;

(N) mentoring one or more students for one day at the Landscape Architecture Shadow Mentor Day, mentoring program, or other mentoring event;

(O) membership on a state regulatory board for the practice of landscape architecture;

(P) serving as an elected officer or appointed chair of a committee or organization in a professional society or organization;

(Q) serving as an elected officer or appointed member of a professional board or commission; or

(R) serving as an exam grader or on a committee writing exam materials for a professional registration or licensing examination.

(b) Objectives. The activity learning objectives shall be clearly stated in activity material.

(c) Faculty. The activity shall be prepared and presented by individuals who are qualified by education, training, and experience.

(d) Activity provider or sponsor. The activity shall be approved by, conducted by, or under the sponsorship of one of the following:

(i) an accredited college or university;

(ii) a state or federal agency;

(iii) a professional association, organization, or company related to the practice of landscape architecture; or

(iv) a commercial continuing education provider providing an activity related to the practice of landscape architecture.

(e) Documentation. Each licensee shall maintain documentation as proof of compliance with this section, such as certificate of completion, school transcript, activity description, activity syllabi, or other activity materials. The licensee shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due.

(i) At a minimum, the documentation shall contain the following:

(A) the date of the activity;

(B) the name of the activity provider;

(C) the name of the instructor;

(D) the activity title;

(E) the number of contact hours of continuing education credit; and

(F) the activity objectives.

(ii) If the activity is self-directed, such as study or authoring of a scholarly peer-reviewed journal article, book, book chapter, or similar document, the documentation shall contain the following:

(A) the dates of study or research;

(B) the title of the paper, article, or book;

(C) an abstract of the paper, article, or book;

(D) the number of contact hours of continuing education credit; and

(E) the objectives of the self-study activity.

(f) Contact hour. Each contact hour of continuing education credit shall consist of not fewer than 50 minutes of education. One professional development hour (PDH) is equal to one contact hour. One university quarter credit hour is equivalent to 40 contact hours. One university semester credit hour is equivalent to 45 contact hours. One International Association of Continuing Education and Training (IACET) Continuing Education Unit (CEU) is equivalent to ten contact hours.

(5) Extra hours of continuing education. If a licensee completes more than the required number of contact hours of continuing education during the two-year renewal cycle specified in Subsection (1), up to eight contact hours of the excess may be carried over to the next two-year renewal cycle. No education received prior to the license being granted may be carried forward to apply towards the continuing education required after the license is granted.

(6) Credit for continuing education shall be recognized in accordance with the following:

(a) a maximum of six hours per two-year renewal cycle may be recognized for teaching in a college or university or for teaching continuing education activities in the field of landscape architecture, provided it is the first time the material was taught;

(b) a maximum of three hours per two-year renewal cycle may be recognized for authoring or study of published papers, articles, or books directly related to the practice of landscape architecture;

(c) a maximum of four hours per two-year renewal cycle may be recognized for pro-bono service that has a clear purpose and objective and maintains, improves, and expands the professional knowledge or skill of the licensee;

(d) a maximum of two hours per two-year renewal cycle may be recognized for mentoring one or more students for one day at the Landscape Architecture Shadow Mentor Day, mentoring program, or other mentoring event;

(e) a maximum of four hours per two-year renewal cycle may be recognized for membership on a state regulatory board for the practice of landscape architecture;

(f) a maximum of two hours per two-year renewal cycle may be recognized for serving as an elected officer or appointed chair of a committee or organization in a professional society or organization related to the practice of landscape architecture;

(g) a maximum of two hours per two-year renewal cycle may be recognized for serving as an elected officer or appointed member of a governmental board or commission related to the practice of landscape architecture;

(h) a maximum of four hours per two-year renewal cycle may be recognized for serving as an exam grader or on a committee writing exam materials for a professional registration or licensing examination; and

(i) unlimited hours may be recognized for continuing education that is online, distance-learning, correspondence course, or home study provided the activity verifies registration and participation in the activity by means of a test or other assessment method including a final summary, individual paper, or individual project which demonstrates that the participant learned the material presented.

 

R156-53-308. Reinstatement of a Landscape Architect License which has Expired Beyond Two Years.

In addition to the requirements in Section R156-1-308g and in accordance with Subsection 58-1-308(6), an applicant for reinstatement for licensure as a landscape architect, whose license has been expired for two or more years, shall:

(1) upon request by the Division, meet with the Board to evaluate the applicant's ability to safely and competently practice landscape architecture; and

(2) pass the Landscape Architect Registration Examination (LARE) of the Council of Landscape Architectural Registration Boards if it is determined by the Board and Division that examination or reexamination is necessary to demonstrate the applicant's ability to safely and competently practice landscape architecture.

 

R156-53-401. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) submitting an incomplete final site plan to a client, when the licensee represents, or could reasonably expect the client to consider, the site plan to be complete and final;

(2) submitting an incomplete final site plan to a building official for the purpose of obtaining a building permit;[ or]

(3) failing as a supervisor to exercise supervision of an employee, subordinate, associate or drafter ; and

(4) failing to conform to the generally accepted standards and ethics of the profession including those established in the American Society of Landscape Architects (ASLA) Code of Professional Ethics, as amended by the ASLA Board of Trustees on May 2, 2009, which document is hereby adopted and incorporated by reference.

 

R156-53-50[1]2 . Administrative Penalties - Unlawful Conduct.

(1) In accordance with Section[s 58-1-501 and] 58-53-50 2[1 and Subsection 58-1-501(1)(a) through (d), unless otherwise ordered by the presiding officer], the following fine schedule shall apply to citations issued to individuals licensed under Title 58, Chapters 1 and 53.[

(1) Engaging in unlicensed practice or using any title that would cause a reasonable person to believe the user of the title is licensed under this chapter.

First Offense: $800

Second Offense: $1,600

(2) Engaging in, or representing oneself as engaged in the practice of landscape architecture as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure.

First Offense: $800

Second Offense: $1,600

(3) Impersonating another licensee or engaging in practice under this chapter using a false or assumed name, unless permitted by law.

First Offense: $1,000

Second Offense: $2,000

(4) Knowingly employing any person to practice under this chapter who is not licensed to do so.

First Offense: $1,000

Second Offense: $2,000

(5) Knowingly permitting any person to use his license except as permitted by law.

First Offense: $1,000

Second Offense: $2,000]

 

TABLE

FINE SCHEDULE

  Violation                 First Offense      Second Offense

  58-1-501(1)(a)            $  800.00           $1,600.00

  58-1-501(1)(b)            $1,000.00           $2,000.00

  58-1-501(1)(c)            $1,000.00           $2,000.00

  58-1-501(1)(d)            $1,000.00           $2,000.00

  58-53-501(1)              $  800.00           $1,600.00

  58-53-501(2)              $  800.00           $1,600.00

 

([6]2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount with a maximum amount not to exceed the maximum fine allowed under Subsection 58-53-502(1)(i)(iii).

([7]3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

([8]4) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

([9]5) In [all cases]each case the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.

 

KEY: landscape architects, licensing

Date of Enactment or Last Substantive Amendment: [August 15, 2006]2011

Notice of Continuation: March 24, 2008

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-53-101