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OPRA - Open Public Records Act

RULE PROPOSALS
VOLUME 42, ISSUE 18
ISSUE DATE: SEPTEMBER 20, 2010
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF ARCHITECTS

Proposed New Rules: N.J.A.C. 13:27-8.11, 8.12 and 8.13

Proposed Amendments: N.J.A.C. 13:27-1.1, 1.2, 3.1, 4.8, 7.2, 7.3, 7.4, 7.5,
8.4 through 8.9, 8.11, 8.12, 8.14, 8.19, 8.21 and 8.22

Proposed Repeals: N.J.A.C. 13:27-8.16 and 8.18

Proposed Repeals and New Rules: N.J.A.C. 13:27-8.1, 8.2, 8.3 and 8.17

Proposed Recodification with Amendments: N.J.A.C. 13:27-8.20 as 8.3

Abolishes Duties of the Landscape Architect Examination and Evaluation Committee of the New Jersey State Board of Architects and Transfers Duties to the Board; Change in Title from Certified to Licensed; Exceptions and Limitations to the Definition of the Practice of Landscape Architecture; Certificates of Authorization, Renewal and Contract Requirement; Continuing Education Requirements

Authorized By: New Jersey State Board of Architects, Charles Kirk, Acting Executive Director.
Authority: N.J.S.A. 45:3-3, 45:3A-1 through 3A-3, 3A-8, 3A-10, 3A-15 and 3A-16.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2010-219 .
Submit written comments by November 19, 2010 to:
Charles Kirk, Acting Executive Director
New Jersey State Board of Architects
124 Halsey Street
P.O. Box 45032
Newark , NJ 07101

The agency proposal follows:

Summary

Based on recent amendments to N.J.S.A. 45:3A-1 et seq., promulgated at P.L. 2008, c. 77, the New Jersey State Board of Architects (the Board) is proposing new rules, amendments, recodifications with amendments and repeals. The proposed new rules address the information necessary for the Board to issue a certificate of authorization to landscape architect businesses that are required to secure a certificate. The proposed rule amendments consist of both substantive and non-substantive changes necessitated by the statutory amendments. In addition to those changes, the Board has taken this opportunity to amend the continuing education requirements for licensed landscape architects. A summary of the proposed new rules, amendments and repeals follows.

The Board has proposed an amendment to both the purpose and scope sections at N.J.A.C. 13:27-1.1 and 1.2, respectively, to reflect that the chapter rules apply to the regulation of landscape architects and interior designers, as well as architects.

N.J.A.C. 13:27-3.1, the definitions section for the chapter, includes several amendments. First, the Board has proposed a definition for "Boards." This term has been used in both Subchapters 7 and 8 without definition. The proposed new definition clarifies that "Boards" means the New Jersey State Board of Architects, State Board of Professional Engineers and Land Surveyors and the State Board of Professional Planners. Proposed amendments to "certificate of authorization" and "certificate of registration" include references to landscape architecture. A proposed amendment to "closely allied professional" deletes "certified landscape architects" and replaces it with "licensed landscape architects". A stylistic change has been proposed to the definition of "continuing education" and landscape architect has been added to the definition. A proposed new definition of "Landscape Architect Continuing Education System (LA CES)" has been added because continuing education for landscape architects will now be managed by LA CES. A proposed new definition for "licensed landscape architect," which is consistent with the amended definition found at N.J.S.A. 45:3A-2, has been added. A proposed amendment to the definition of "limited liability company" replaces "business corporation organized" with "business entity organized," because a limited liability company is not a corporation. A proposed new definition for "practice of landscape architecture," which is consistent with the amended definition found at N.J.S.A. 45:3A-2, has been added. A proposed amendment to the definition of "responsible charge" expands the supervision requirement to encompass competent licensed landscape architects and expands the services provided to include landscape architectural services.

A proposed amendment to N.J.A.C. 13:27-4.8(d) requires that changes in information with respect to issued certificates of authorization must be reported to the Board within 30 days, rather than 14 days. This change makes the section consistent with the statute at N.J.S.A. 45:3-19.

Proposed amendments have been made throughout Subchapter 7 to remove "certified." "Certified" has not been replaced by "licensed" because the references to the other professions do not include the word licensed. Although the Board tentatively discussed further changes to the rules of Subchapter 7, the Board determined that any additional changes would be addressed in a separate notice of proposal since any change to these rules would require input from both the State Board of Professional Engineers and Land Surveyors and the State Board of Professional Planners.

The Board proposes to amend the heading of Subchapter 8 to replace "certified" with "licensed." Identical changes have been made throughout the subchapter. Similarly, the Board proposes to replace: "certification" with "licensure," "certificate(s)" with "license(s)" and "certificate holder" with "licensee." In addition, the Board proposes to replace "Committee" with "Board," where necessary.

The Board proposes a repeal and new rule at N.J.A.C. 13:27-8.1. The Board proposes to remove the definitions in N.J.A.C. 13:27-8.1 since the definitions are either no longer necessary or have been relocated to N.J.A.C. 13:27-3.1. The proposed new rule, "duties of the Executive Director," requires the Executive Director to keep certain records related to the licensure of landscape architects. Previously these duties were performed by the Landscape Architect Examination and Evaluation Committee of the New Jersey State Board of Architects (Committee), but since the Committee has been abolished under P.L. 2008, c. 77, the Board determined that the duties should be transferred to the Executive Director.

The Board proposes a repeal and new rule at N.J.A.C. 13:27-8.2. The Board proposes a repeal and a new rule at N.J.A.C. 13:27-8.2. The Board is proposing to repeal N.J.A.C. 13:27-8.2 and 8.3 concerning the Office of the Committee and Committee Organization because the Office of the Committee no longer exists and was abolished under P.L. 2008, c. 77. New N.J.A.C. 13:27-8.2 addresses the exceptions and limitations to the practice of landscape architecture. The exceptions are those noted in the amendments to N.J.S.A. 45:3A-2, which allow a person to prepare [page=2209] landscaping plans under certain circumstances. Proposed subsections (b) and (c) incorporate the statutory limitations found at N.J.S.A. 45:3A-3 related to the practice of architecture, engineering, land surveying and professional planning. Subsection (b) prohibits the placement of limitations on the practice of those professions, but precludes the use of the designation landscape architect unless the person is licensed to practice landscape architecture in New Jersey . Subsection (c) prohibits municipalities and counties from defining the scope of practice of architecture, engineering, land surveying or professional planning.

Existing N.J.A.C. 13:27-8.20 is proposed for recodification as N.J.A.C. 13:27-8.3, as this section more appropriately fits into the new organization of the subchapter at the beginning of the rules. The Board proposes to amend the heading of N.J.A.C. 13:27-8.4 to remove the reference to credentials. Other minor grammatical changes have been made to subsections (a) and (b).

The Board proposes to amend N.J.A.C. 13:27-8.5(a)1 to remove the last sentence since it is not necessary. An identical change has been made to N.J.A.C. 13:27-8.5(a)3. Further, the Board proposes to remove the word "personal" from N.J.A.C. 13:27-8.5(a)3 since the references required are both personal and professional. In addition, the Board proposes to remove the requirement (at paragraph (a)4) that an applicant for initial licensure pass an examination containing landscape architecture issues specific to New Jersey . Applicants will be required to pass only the Landscape Architect Registration Examination (LARE). N.J.A.C. 13:27-8.5(a)5 and 6 have been recodified as paragraphs (a)4 and 5 and a correction to recodified N.J.A.C. 13:27-8.5(a)4 clarifies that an applicant must complete the LARE within five years of application for licensure. The Board proposes deletion of N.J.A.C. 13:27-8.5(b) and (c), since those subsections have either been included in N.J.A.C. 13:27-8.5(a), or the provisions relate to the Committee's duties upon receiving an initial application for licensure.

At N.J.A.C. 13:27-8.6, the Board proposes to rephrase paragraph(a)1, without any substantive change, to mirror the statutory language and add new paragraph (a)3, which would require submission of a completed application. The Board proposes an amendment to recodified N.J.A.C. 13:27-8.6(a)4 to correct the cross-references to N.J.A.C. 13:27-8.5. The Board proposes to delete N.J.A.C. 13:27-8.6(b) and (c) because the language of subsection (b) that is still pertinent has been included in new N.J.A.C. 13:27-8.6(a)3. Subsection (c) is no longer necessary since the examination specific to New Jersey landscape architecture issues will no longer be administered.

The Board has deleted the reference to "certification" in the heading of N.J.A.C. 13:27-8.7. It has not been replaced with licensure since the prior sections deal with licensure. The Board has proposed to update the cross-references in subsections (a), (c) and (d). In addition, the Board has amended subsection (b) to make clear that the Board will excuse unlicensed practice only for a time period equivalent to the number of days late the notice of renewal was sent.

The Board proposes to add N.J.A.C. 13:27-8.9(c)5, which requires placement of the certificate of authorization number issued by the Board in the title block.

The Board proposes new N.J.A.C. 13:27-8.11, which deals with the issuance of certificates of authorization to an LLC or corporation, other than a professional service corporation, if the LLC or corporation meets the criteria listed in N.J.A.C. 13:27-8.11(a)1 or 2. N.J.A.C. 13:27-8.11(b)1 lists the information to be supplied in the application for a certificate of authorization. N.J.A.C. 13:27-8.11(b)2 through 5 sets forth the additional items that must be submitted by the applicant. N.J.A.C. 13:27-8.11(c) requires that the certificate of authorization designate all licensed landscape architects who are in responsible charge of the landscape architectural services of the LLC or corporation and his or her duties. N.J.A.C. 13:27-8.11(d) requires that an entity that has been issued a certificate of authorization, notify the Board of any changes in the information supplied in the application for the certificate of authorization, within 30 days of the change. N.J.A.C. 13:27-8.11(e) sets forth penalties for violation of the section.

The Board proposes a new rule at N.J.A.C. 13:27-8.12 dealing with the biennial renewal of certificates of authorization. N.J.A.C. 13:27-8.12(a) sets forth the information that must be provided by the LLC or corporation upon renewal. Subsection (b) sets forth the duty of the Board to issue notices of renewal. Subsection (c) sets forth the requirements for renewal if the entity fails to renew within 30 days of the expiration of the certificate of authorization. Subsection (d) states that the certificate of authorization will be suspended if not renewed within 30 days of expiration and that an LLC or corporation offering landscape architect services during a period of suspension will be in violation of N.J.S.A. 45:3A-16. Subsection (e) states the requirements for reinstatement of a certificate of authorization.

The Board proposes new N.J.A.C. 13:27-8.13, Contract requirement. Subsection (a) states that an LLC or corporation that applies for a certificate of authorization, but does not have an officer or employee who can act as a licensed landscape architect in responsible charge, must contract with a licensed landscape architect who will be in responsible charge, prior to providing services. That contract must indicate that the licensed landscape architect is in responsible charge of the landscape architecture services for the LLC or corporation. Subsection (b) states that a licensed landscape architect who is rendering landscape architect services for an LLC or corporation required to obtain a certificate of authorization shall not perform the services unless he or she is an officer or an employee, or has a written contract with the LLC or corporation and is listed as in responsible charge on the certificate of authorization. Subsection (c) requires both those listed as in responsible charge of the landscape architect services for an LLC or corporation and the LLC or corporation that has obtained a certificate of authorization to report any change in status of the licensee in responsible charge within 30 days of the change. Subsection (d) states that any LLC or corporation that offers landscape architecture services without a certificate of authorization or a lapsed certificate will be subject to the civil penalties provided by N.J.S.A. 45:1-25. A professional service corporation established pursuant to the Professional Service Corporation Act shall be exempt from this rule.

N.J.A.C. 13:27-8.11 has been recodified with amendments as N.J.A.C. 13:27-8.14. Subsection (a) is amended to state that all newly licensed landscape architects are granted a grace period in which they are not required to complete continuing education, except for those licensees who are certified and became automatically licensed on March 5, 2009, the effective date of P.L. 2008, c. 77. Another amendment to subsection (a) states that licensed New Jersey architects who are also licensed to practice landscape architecture in New Jersey need only complete 12 hours of continuing education in landscape architecture. The definition of "continuing education" is deleted from this section, as that term is also defined in N.J.A.C. 13:27-3.1 and applies to all of Chapter 27. That definition is proposed for amendment to include the professional knowledge and skill of a landscape architect, in addition to an architect. Subsection (b) has been amended for clarification. Subsection (c) has been amended consistent with the abolishment of the Committee.

N.J.A.C. 13:27-8.12 has been recodified with amendments as N.J.A.C. 13:27-8.15. Existing paragraphs (a)1, 2 and 4 and subsections (b) and (c) have been deleted and existing paragraph (a)3 has been recodified as paragraph (a)2. New N.J.A.C. 13:27-8.15(a)1 states that courses and programs provided by LA CES-approved providers, along with the type of graduate course work set forth in recodified paragraph (a)2, will be acceptable as continuing education for landscape architects. With that change, the administration of the continuing education requirements for landscape architects will be performed by LA CES.

The Board proposes to recodify N.J.A.C. 13:27-8.14 with amendments as N.J.A.C. 13:27-8.16. The Board proposes a cross-reference update to N.J.A.C. 13:27-8.16(a). Subsection (c) has been amended consistent with the amendments to N.J.A.C. 13:27-8.15. The proposed amendments would delete paragraphs (c)1 and 2 and require the licensee to retain, for five years, documentation of participation in and/or attendance at a LA CES-approved provider course or program or completion of certain graduate course work.

The Board proposes to repeal N.J.A.C. 13:27-8.16 because the Committee is no longer responsible for evaluating and approving continuing education programs or courses.

New N.J.A.C. 13:27-8.17 requires all continuing education course providers to meet the LA CES approval criteria, unless the continuing education is the graduate course work set forth in N.J.A.C. 13:27-8.15(a)2. This new rule, which replaces the requirements at N.J.A.C. [page=2210] 13.27-8.16, eases the Board's administrative burden since it no longer has the Committee to review the course offerings.

The Board proposes to repeal N.J.A.C. 13:27-8.17 and 8.18. The Board has determined that all out-of-state licensees now should be required to meet the continuing education requirements of this State. With respect to N.J.A.C. 13:27-8.18, the Board has determined that the provision relates to an administrative function that does not need to be placed in the Board's rules.

Proposed amendments have been made to N.J.A.C. 13:27-8.19 and 8.21. N.J.A.C. 13:27-8.19(n) has been amended to remove the definition of advertisement since it is identical to the definition found at N.J.A.C. 13:27-3.1. A proposed amendment to N.J.A.C. 13:27-8.21(a) corrects the reference to a defined term, "Board." N.J.A.C. 13:27-8.21(a)2 has been deleted since the Board will no longer administer the New Jersey Examination. The Board proposes new N.J.A.C. 13:27-8.21(b), which includes the following fees related to the issuance of a certificate of authorization: application fee, initial certification fee, biennial renewal fee, late fee and reinstatement fee. All fees are identical to those charged by the Board for a certificate of authorization issued to an LLC or corporation performing architectural services.

The Board has determined that the comment period for this notice of proposal is 60 days; therefore, pursuant to the provisions of N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

The proposed new rules, repeals and amendments will have a positive impact on the public. The change in status of landscape architects from certified to licensed will have the same positive impact on the public that regulation of landscape architects has had in the past. The licensure requirements will continue to protect the general public by identifying those individuals who are qualified and legally authorized to be licensed as landscape architects in this State. The requirement that an LLC or corporation that has been issued a certificate of authorization have a licensed landscape architect in responsible charge of the landscape architectural work of the entity also ensures the protection of the public. The changes to the continuing education requirements will not affect the positive social impact on the health, safety and welfare of the general public that the rules have had in the past since the LA CES provider program has strict guidelines for course and program approval.

Economic Impact

The Board anticipates that the proposed new rules, repeals and amendments requiring that certain entities obtain a certificate of authorization will impose additional costs on those entities and will affect consumers if those costs are passed on. The costs are not only in the form of fees, but also, some entities may be required to contract with a licensed landscape architect who will be in responsible charge of the landscape architecture work. Also, there will be an economic impact on landscape architects who were certified on the effective date of the statutory changes and who became automatically licensed. Those professionals will be charged for a new seal press.

With respect to the proposed rule amendments related to continuing education, the Board anticipates that there will be costs associated with getting a course approved under the LA CES scheme, but there will be no new costs to licensees who will continue to pay a fee to providers when taking a course or program.

The Board proposes that the following new fees for the certificate of authorization may impose additional costs on those entities and may affect consumers if these costs are passed on: a $ 100.00 application fee; $ 500.00 initial licensure, if paid during the first year of a biennial renewal period and $ 250.00, if paid during the second year of a biennial renewal period; $ 500.00 for the biennial renewal; a $ 50.00 late fee; and a $ 300.00 reinstatement fee. The above proposed fees are exactly the same as the fees charged by the Board of Architects for certifications of authorizations for licensed architects.

Federal Standards Statement

A Federal standards analysis is not required because the proposed new rules, amendments and repeals are subject to State statutory requirements and are not subject to any Federal requirements.

Jobs Impact

Under P.L. 2008, c. 77, all persons must be licensed as landscape architects in order to practice landscape architecture, unless they fall within one of the exceptions set forth in proposed new N.J.A.C. 13:27-8.2. As such, persons who have practiced landscape architecture in the past, but were not certified, will no longer be able to practice unless excepted from the licensure requirements. Thus, under those circumstances, the Board anticipates that there would be a loss of jobs as a result of the statutory amendments.

Agriculture Industry Impact

The proposed new rules, amendments and repeals will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

If, for purposes of the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., the 617 licensed landscape architects are considered "small businesses," then the following analysis applies.

The proposed new rules, repeals and amendments in Subchapter 8 impose several compliance requirements. First, under N.J.A.C. 13:27-8.6, a landscape architect licensed in another state may apply for licensure in New Jersey if he or she meets the requirements set forth in N.J.A.C. 13:27-8.6(a)1 through 4. Second, proposed new N.J.A.C. 13:27-8.9(c)5 requires licensed landscape architects who perform services for an entity that has obtained a certificate of authorization, to place the certificate of authorization number in the title block of construction contract drawings. Proposed new rule N.J.A.C. 13:27-8.11 contains several compliance requirements for those seeking a certificate of authorization. Specifically, the applicant must name an officer or full-time employee, licensed to practice landscape architecture in New Jersey , who is in responsible charge of the professional services, or the applicant must enter into a contract with a New Jersey licensed landscape architect who will be in responsible charge. An application must be completed that contains the information set forth in N.J.A.C. 13:27-8.11(b)1. Further, N.J.A.C. 13:27-8.11(b)2, 3, 4 and 5 require the following information on the formation or incorporation of the New Jersey business or an out-of-State business seeking a certificate: a copy of its current annual report filed with the Department of the Treasury; a signed contract with a licensed landscape architect, if appropriate; and the application fee. N.J.A.C. 13:27-8.11(c) requires that the licensed landscape architect in responsible charge sign and seal, as necessary, all documents for the LLC or corporation. N.J.A.C. 13:27-8.11(d) requires the licensed landscape architect in responsible charge to notify the Board within 30 days of any change in the information in the certificate of authorization application. Proposed new rule N.J.A.C. 13:27-8.12 sets forth the compliance requirements for biennial renewal of a certificate of authorization. The section also provides the compliance requirements for reinstatement of a certificate of authorization that has been automatically suspended. Proposed new rule N.J.A.C. 13:27-8.13 sets forth the compliance requirements for those LLCs or corporations that wish to obtain a certificate of authorization, but must contract with a licensed landscape architect who will be in responsible charge of the landscape architectural services for the LLC or corporation in order to do so. The provision bars a licensed landscape architect from rendering landscape architectural services for a corporation or LLC required to obtain a certificate of authorization, unless under contract with, or an officer or employee of, the LLC or corporation. In addition, that person has a duty to report any changes in the certificate of authorization application information within 30 days of the change. The proposed amendment to N.J.A.C. 13:27-8.14 requires licensed New Jersey architects, who are also licensed landscape architects, to complete 12 hours of continuing education in landscape architecture. A proposed amendment to N.J.A.C. 13:27-8.16 requires licensees to retain documentation showing participation in or attendance at LA CES-approved courses or programs for a five-year period. The proposed amendments to N.J.A.C. 13:27-8.17 require, in most circumstances, that continuing education course providers meet LA CES approval criteria.

The professional services of an attorney may be needed when an LLC or corporation is required to contract with a licensed landscape architect to be in responsible charge of the landscape architectural services for the LLC or corporation. The costs of compliance with the proposed new rules and amendments are as discussed in the Economic Impact statement [page=2211] above and include additional fees for attorneys that may be needed if an LLC or corporation contracts with a licensed landscape architect to be in responsible charge of the landscape architectural services for the LLC or Corporation. Finally, the Board believes the proposed new rules, repeals and amendments should be applied uniformly to all licensees and certificate holders to protect the general public; and therefore, no differing compliance requirements for licensees or certificate holders is provided.

Smart Growth Impact

The proposed new rules, amendments and repeals will not have an impact on the achievement of smart growth or on the implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Housing Affordability Impact

The proposed new rules, amendments and repeals will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the proposed new rules, amendments and repeals concern the practice of landscape architecture in the State of New Jersey .

Smart Growth Development Impact

The proposed new rules, amendments and repeals will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the proposed new rules, amendments and repeals concern the practice of landscape architecture in the State of New Jersey.

Full text of the rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:27-8.1, 8.2, 8.3, 8.16, 8.17 and 8.18.

Full text of the proposed new rules, amendments and recodifications with amendments follows (additions indicated in boldface thus ; deletions indicated in brackets [thus]):

SUBCHAPTER 1. PURPOSE AND SCOPE

13:27-1.1 Purpose

The purpose of this chapter is to regulate the practice of architecture , landscape architecture and interior design in the State of New Jersey pursuant to N.J.S.A. 45:3-1 et seq. and 45:3A-1 et seq .

13:27-1.2 Scope

This chapter shall apply to all applicants seeking licensure as an architect or landscape architect or seeking certification as an interior designer and all licensees practicing architecture or landscape architecture and all certificate holders practicing interior design in the State of New Jersey .

SUBCHAPTER 3. ARCHITECTURAL PRACTICE AND RESPONSIBILITY

13:27-3.1 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

. . .

"Boards" means the New Jersey State Board of Architects, State Board of Professional Engineers and Land Surveyors and the State Board of Professional Planners.

"Certificate of Authorization" means a certificate issued by the Board to a general business corporation or a limited liability company to permit the practice of architecture pursuant to N.J.S.A. 45:3-18 or the practice of landscape architecture pursuant to N.J.S.A. 45:3A-16 .

"Certificate of Registration" or "license" means official documents attesting to the fact that the individual has met the minimum requirements to practice architecture or landscape architecture in the State of New Jersey . For the purposes of this chapter, the terms "licensed" and "registered" are used interchangeably.

"Closely allied professional" means, and is limited to, licensed architects, professional engineers, land surveyors, professional planners, [certified] licensed landscape architects[,] and persons that provide space planning services, interior design services[,] or the substantial equivalent thereof.

. . .

"Continuing education" means professional development activities whose purpose is academic and professional instruction in order to advance the professional knowledge and skill of an architect['s professional knowledge and skill] or landscape architect .

. . .

"Landscape Architect Continuing Education System" or "(LA CES)" means a collaboration of the American Society of Landscape Architects, Canadian Society of Landscape Architects, Council of Educators in Landscape Architecture, Council of Landscape Architectural Registration Boards (CLARB), Landscape Architectural Accreditation Board and the Landscape Architecture Foundation, which establishes, maintains and enforces standards for evaluating professional development and continuing education programs for landscape architects.

"Licensed landscape architect" or "landscape architect" means an individual who, by reason of his or her knowledge of natural, physical, mathematical and social sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and is licensed by the Board as a landscape architect.

. . .

"Limited liability company " or " (LLC)" means a business [corporation] entity organized in compliance with the Limited Liability Company Act, N.J.S.A. 42:2B-1 et seq., to engage in and carry on any lawful business, purpose or activity which combines the attributes of both corporation and partnership, and provides the limited liability generally associated with a corporation and the Federal tax treatment of a partnership.

. . .

"Practice of landscape architecture" means any service in which the principles and methodology of landscape architecture are applied in consultation, evaluation, planning and design, including the preparation and filing of sketches, drawings, plans and specifications for review and approval by governmental agencies, and responsible administration of contracts to the extent that the primary purpose of the contractual services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches or environment for structures or other improvements, the grading of land and water forms, natural drainage and determination of related impacts, assessments and problems of land disturbance, including erosion and sedimentation, blight or other hazards. This practice includes the proposed location and arrangement of those tangible objects and features as are incidental and necessary for any government approval and as may be prescribed by State or local authorities, but does not include the design of structures or facilities ordinarily included in the practice of engineering or architecture and does not include the making of land surveys, or land plats for official approval or recording or other services as set forth in N.J.S.A. 45:8-28(e).

. . .

"Responsible charge" means the rendering of regular and effective supervision by a competent licensed architect or a competent licensed landscape architect to those individuals performing services [which] that directly and materially affect the quality and competence of architectural services or landscape architectural services, as appropriate, rendered by the licensee.

[page=2212] SUBCHAPTER 4. LICENSING REQUIREMENTS; BIENNIAL RENEWAL; CERTIFICATES OF AUTHORIZATION

13:27-4.8 Issuance of certificates of authorization

(a)-(c) (No change.)

(d) The LLC or corporation that has been issued a certificate of authority and its licensees who are in responsible charge of the architectural activities and decisions of the LLC or corporation have a continuing duty to inform the Board within [14] 30 days of any change in the information that was provided to the Board as required pursuant to (b) above, including a copy of each annual report filed with the Division of Revenue.

(e) (No change.)

SUBCHAPTER 7. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE PLANS AND MAJOR SUBDIVISION PLATS

13:27-7.2 Depiction of existing conditions on a site plan

(a) (No change.)

(b) Vegetation, general flood plain determination[,] or general location of utilities, buildings[,] or structures: By an architect, planner, engineer, land surveyor, [certified] landscape architect[,] or other person acceptable to the reviewing governmental body.

13:27-7.3 Preparation of site plan

(a) (No change.)

(b) The locations of drives; parking layout; pedestrian circulation; and means of ingress and egress: By an architect, planner, engineer[,] or [certified] landscape architect.

(c)-(h) (No change.)

(i) Landscaping, signs, lighting, screening or other information not specified above: By an architect, planner, engineer, [certified] landscape architect[,] or other person acceptable to the reviewing governmental body.

(j) The general layout of a conceptual site plan for a multiple building project, showing the development elements including their relationship to the site and immediate environs: By an architect, planner, engineer[,] or [certified] landscape architect.

13:27-7.4 Preparation of a major subdivision plan

(a) The general location of facilities, site improvements[,] and lot layouts: By an architect, engineer, land surveyor, planner[,] or [certified] landscape architect.

(b)-(c) (No change.)

13:27-7.5 Effect of local ordinances

(a) (No change.)

(b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyors, planners[,] or [certified] landscape architects in the preparation of site plans or major subdivisions shall reduce or expand the scope of professional practice recognized by the Boards.

SUBCHAPTER 8. [CERTIFIED] LICENSED LANDSCAPE ARCHITECTS

13:27-8.1 Duties of the Executive Director

The Executive Director shall keep a record of all applicants for licensure as a landscape architect, showing for each the date of application, name, age, education and other qualifications, place of practice and address of record, whether or not an examination was required, and whether the applicant was rejected or a license granted, and the date of that action.

13:27-8.2 Exceptions; limitations

(a) The practice of landscape architecture shall not prohibit the preparation of landscaping plans for sites where government review or approvals are not required or do not require the signature and seal of a landscape architect.

(b) Nothing in N.J.S.A. 45:3A-1 et seq., or this subchapter shall be construed to prevent or limit the practice of architecture, engineering, land surveying or professional planning by one licensed to practice that profession in this State, but no architect, engineer, surveyor or professional planner shall use the designation "landscape architect" unless licensed as a landscape architect in this State.

(c) In accordance with N.J.S.A. 45:3A-3, no municipal or county ordinance, policy or action purporting to define, or having the effect of defining, the scope of professional activity of architects, engineers, land surveyors, planners or licensed landscape architects in the preparation of landscape design plans shall reduce or expand the scope of professional practice recognized by the respective boards that regulate these professions.

13:27-[8.20] 8.3 [Nomenclature] Use of title; nomenclature for non-[certified] licensed persons

(a) A person who is not a [certified] licensed landscape architect as defined in N.J.S.A. 45:3A-2 shall not use or advertise or offer services to the public utilizing the following titles or description of services:

TITLES

Landscape Architect

[Certified Landscape Architect]

Licensed Landscape Architect

Registered Landscape Architect

Professional Landscape Architect

DESCRIPTIONS OF SERVICES

Landscape Architecture

Landscape Architectural Design

Landscape Architectural Construction

Landscape Architectural Planting Design

Landscape Architectural Service

(b) (No change.)

13:27-8.4 [Approval of landscape architecture curricula and credentials] Curricula approved by the Board

(a) [For purposes of this section, any] Any educational program accredited by the Landscape Architectural Accreditation Board [of the American Society of Landscape Architects] shall be deemed an approved program.

(b) [An applicant for certification as a landscape architect who is a graduate of a school or program] For any academic program not accredited by the Landscape Architectural Accreditation Board , an applicant shall provide to the [Committee] Board: [, in addition to a]

1. A certified transcript of his or her courses[, a] ; and

2. A true and accurate course description for each of the landscape architecture courses for which the candidate is seeking credit toward [certification] licensure .

(c) The [Committee] Board shall, in its consideration of the academic program, compare the degree to the standards promulgated by the Landscape Architecture Accreditation Board. Thereafter, the [Committee] Board may, in its discretion, require the candidate to appear before the [Committee] Board for a personal interview and to present representative samples of his or her landscape architecture work.

13:27-8.5 Application for initial [certification] licensure

(a) An applicant for initial [certification] licensure as a landscape architect shall:

1. Hold a bachelor's degree or higher [degree] in landscape architecture from a college or university having a landscape architecture curriculum accredited by the Landscape Architectural Accreditation Board [of the American Society of Landscape Architects (ASLA)] or other academic program approved by the [Committee] Board pursuant to N.J.A.C. 13:27-8.4. The applicant shall arrange for the college or university to send an official transcript directly to the Board[. The applicant shall be responsible for ensuring that the Board receives the transcript by the required date];

2. (No change.)

3. Be of good moral character demonstrated by furnishing five [personal] references, two from individuals who have known the applicant for at least five years and three from professionally trained design professionals, such as [certified or] licensed landscape architects, architects, professional engineers or professional planners, who have first hand experience of the applicant's work. No individual providing a [page=2213] reference shall be related to the applicant[. The applicant shall be responsible for ensuring that the Board receives these references by the required date];

[4. Successfully complete within five years of application an examination on landscape architecture issues specific to New Jersey, which shall cover plant materials, soil types, geology and laws and regulations governing land use and planning, including the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.;]

[5.] 4. Successfully complete , within five years of application for licensure, the Landscape Architect Registration Examination (LARE); and

[6.] 5. [Pay] Complete and return to the Board an application for initial licensure with payment of the initial [certification] licensure fee as set forth in N.J.A.C. 13:27-8.21.

[(b) An applicant may apply to the Board prior to sitting for the LARE. The applicant shall request from, complete and return to the Board an application form together with the application fee as set forth in N.J.A.C. 13:27-8.21. On receipt of the completed application form, fee and all documentation required by (a)1 through 3 above, the Board shall refer the application to the Committee for evaluation, determination whether the applicant meets the qualifications set forth in (a)1 through 3 above and recommendation for conditional approval. Upon receiving the Committee's recommendation, the Board shall consider and may approve the application pending successful completion of the New Jersey issues examination and the LARE as required pursuant to (a)4 and 5 above, respectively. On receipt of the Board's approval, the applicant shall pay the examination fees as determined by the Council of Landscape Architectural Registration Boards (CLARB) for the New Jersey issues examination and LARE.

(c) An applicant who successfully completes the LARE without prior approval by the Board to sit for the LARE shall request from, complete and return to the Board an application form together with the application fee as set forth in N.J.A.C. 13:27-8.21. On receipt of the completed application form, fee and all documentation required by (a)1 through 3 above, the Board shall refer the application to the Committee for evaluation and recommendation for approval. Upon receiving the Committee's recommendation, the Board shall consider and may approve the application.]

13:27-8.6 Application for [certification] licensure as a landscape architect without LARE examination

(a) An individual may apply for [certification] licensure as a landscape architect in New Jersey if he or she meets the requirements of N.J.S.A. 45:3A-1 et seq. , and:

[1. Holds a license or certificate in good standing as a landscape architect from any other state, territory or possession of the United States provided that the requirements for licensure or certification of the issuing agency are substantially equivalent to those of the Committee;]

1. Holds a license or certificate to practice landscape architecture in good standing issued upon examination by any state, district, territory or possession in the United States, provided the applicant's qualifications meet the requirements enforced in this State at the time the license or certificate was issued;

2. Has passed the Council of Landscape Architectural Registration Boards ( CLARB ) Uniform National Examination (UNE) or LARE or holds a current CLARB certification. Applicants holding CLARB certification shall arrange for CLARB to send the certificate to the Board; [and]

3. Submits a completed application form; and

[3.] 4. Meets the requirements for initial [certification] licensure pursuant to N.J.A.C. 13:27-8.5(a)1 through [4] 3 and 5 .

[(b) The candidate shall request from, complete and return to the Board an application form and pay the application fee as set forth in N.J.A.C. 13:27-8.21. On receipt of the completed application form and all documentation required by N.J.A.C. 13:27-8.5(a)1 through 3, the Board shall refer the application to the Committee for evaluation and approval.

(c) On receipt of the Board's approval, the applicant may apply to take the New Jersey examination as required pursuant to N.J.A.C. 13:27-8.5(a)4 and pay the examination fee as set forth in N.J.A.C. 13:27-8.21.]

13:27-8.7 [Certification; biennial certification] Biennial license renewal; [certificate] license suspension; reinstatement of suspended [certificate] license ; inactive status

(a) All [certificates] licenses issued by the Board shall be issued for a biennial [certification] license period. A [certificate holder] licensee who seeks renewal of the [certificate] license shall submit a completed renewal application, a statement that the [certificate holder] licensee has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27-[8.11] 8.14 and the renewal fee as set forth in N.J.A.C. 13:27-8.21 prior to the expiration date of the [certificate] license .

(b) The Board shall send a notice of renewal to each [certificate holder] licensee at the address registered with the Board at least 60 days prior to the expiration date of the [certificate] license . If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the [certificate holder] licensee for [failure to renew] any unlicensed practice during the period following the license expiration, not to exceed the number of days short of 60 before the notice of renewal was issued .

(c) If a [certificate holder] licensee does not renew the [certificate] license prior to its expiration date, the [certificate holder] licensee may renew the [certificate] license within 30 days of its expiration by submitting a renewal application, a statement that the [certificate holder] licensee has successfully completed the continuing education requirement pursuant to N.J.A.C. 13:27-[8.11] 8.14 , a renewal fee and a late fee, as set forth in N.J.A.C. 13:27-8.21. During this 30-day period, the [certificate] license shall be valid, and the [certificate holder] licensee shall not be deemed to be engaged in unauthorized practice.

(d) A [certificate] license that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who holds himself or herself out as a landscape architect with a suspended [certificate] license shall be in violation of N.J.A.C. 13:27-[8.20] 8.3 .

(e) A [certificate holder] licensee whose [certificate] license has been automatically suspended for five years or less for failure to renew pursuant to (d) above may be reinstated by the [Committee] Board upon completion of the following:

1. (No change.)

2. Submission of proof of completion of the continuing education credits required for each biennial registration period for which the [certificate] license was suspended; and

3. Submission of an affidavit of employment listing each job held during the period of suspended [certificate] licensure, which includes the name, address[,] and telephone number of each employer.

(f) In addition to fulfilling the requirements set forth in (e) above, a [certificate holder] licensee whose [certificate] license has been automatically suspended for more than five years who wishes to return to practice shall reapply for [certification] licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the [Committee] Board that he or she has maintained proficiency while suspended may be subject to an examination or other requirements as determined by the [Committee] Board prior to reinstatement of his or her [certificate] license .

(g) Renewal applications shall provide the [certificate] license holder with the option of either active or inactive status. A [certificate holder] licensee electing inactive status shall pay the inactive [certification] license fee set forth in N.J.A.C. 13:27-8.21 and shall not hold himself or herself out as a landscape architect.

(h) A [certificate holder] licensee who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon completion of the following:

1. Payment of the biennial [certification] license fee and reinstatement fee pursuant to N.J.A.C. 13:27-8.21;

2. Submission of proof of completion of the continuing education credits required for each biennial [certification] license period for which the [certificate] license was on inactive status; and

3. Submission of an affidavit of employment listing each job held during the period the [certificate] license was on inactive status , which includes the name, address[,] and telephone number of each employer.

(i) In addition to fulfilling the requirements set forth in (h) above, a [certificate holder] licensee whose [certificate] license has been on inactive status for more than five years who wishes to return to active [page=2214] status shall reapply for [certification] licensure and shall demonstrate that he or she has maintained proficiency. An applicant who fails to demonstrate to the satisfaction of the [Committee] Board that he or she has maintained proficiency while on inactive status may be subject to an examination or other requirements as determined by the [Committee] Board prior to reinstatement of his or her [certificate] license .

13:27-8.8 Display of [certificate] license ; replacement and duplicate [certificates] licenses

(a) A [certified] licensed landscape architect shall conspicuously display at each place of business or employment the original [certificate] license or a duplicate [certificate] license issued by the Board showing the current biennial [certification] licensure period.

(b) Each [certification] license number and [certificate] license containing such [certification] license number issued by the Board to a [certified] licensed landscape architect shall remain the property of the State of New Jersey . If the Board suspends, fails to renew[,] or revokes a [certification] license , the [certificate holder] licensee shall immediately return all [certificates] licenses to the Board and shall remove the [certification] license number from all advertising and anything else on which the [certification] license number is displayed or otherwise communicated.

(c) The Board shall issue a replacement [certificate] license to a [certified] licensed landscape architect upon payment of the replacement [certificate] license fee as set forth in N.J.A.C. 13:27-8.21 and receipt by the Board of an affidavit or certified statement attesting that the original was either lost, destroyed, mutilated or is otherwise no longer in the custody of and cannot be recovered by the [certificate holder] licensee .

(d) The Board shall issue a duplicate [certificate] license to a [certified] licensed landscape architect upon payment of the duplicate [certificate] license fee as set forth in N.J.A.C. 13:27-8.21 and receipt by the Board of an affidavit or certified statement that the [certified] licensed landscape architect has multiple places of business in which the [certificate holder] licensee must display a [certificate] license . A [certified] licensed landscape architect may not possess more [certificates] licenses than the number of places of business utilized by the [certified] licensed landscape architect.

13:27-8.9 Seal and signature

(a) Every [certified] licensed landscape architect shall have a seal established [by the Committee] and issued by the Board, which shall contain the name of the landscape architect, his or her [certificate] license number[,] and the legend "[Certified] Licensed Landscape Architect." If the Board suspends, fails to renew[,] or revokes a [certification] license , the [certificate holder] licensee shall immediately return the seal press containing such seal to the Board.

(b) All working drawings and specifications prepared by the [certified] licensed landscape architect or under his or her supervision shall be signed on the original with the personal signature of the [certified] licensed landscape architect. Thereafter, all copies of such drawings and specifications shall be sealed prior to submission to the client or filing with a public agency.

(c) A [certified] licensed landscape architect shall provide the following information in a title block , which shall be placed on all construction contract drawings prepared under his or her direction. The information shall appear legibly on the construction contract drawings and shall be clearly reproducible.

1. The full name of the [certified] licensed landscape architect as it appears on the [certificate] license issued by the Board;

2. The signature of the [certified] licensed landscape architect;

3. The [certificate] license number and title: New Jersey [Certified] Licensed Landscape Architect; [and]

4. The date when signed[.] ; and

5. If applicable, the certificate of authorization number as required under N.J.S.A. 45:3A-16 and N.J.A.C. 13:27-8.11.

(d) Other information may appear with or within the title block provided that the required information is distinct and the name of the [certified] licensed landscape architect is readily discernible from the other information on the document.

13:27-8.11 Issuance of certificates of authorization

(a) Upon review and approval by the Board of a completed application, the Board shall issue a certificate of authorization to an LLC or a corporation, other than a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), if the LLC or corporation meets the following requirements:

1. At least one of the LLC's or corporation's officers or full-time employees is a licensed landscape architect in this State who shall be in responsible charge of the professional services rendered by the LLC or corporation; or

2. The LLC or corporation has entered into a written contract with a New Jersey licensed landscape architect pursuant to N.J.A.C. 13:27-8.13.

(b) In applying for a certificate of authorization, an applicant shall submit to the Board:

1. A completed application form approved by the Board, which shall include, at a minimum, the following:

i. The name and address of the LLC or corporation and its satellite offices;

ii. The names, addresses, license numbers and signatures of all officers, board members, directors, principals and any licensees who shall be in responsible charge of the practice of landscape architecture through the LLC or corporation;

iii. The names, addresses, license numbers and amount and percentage of ownership interest of the LLC or corporation of persons who are licensees of the Board or who are closely allied professionals;

iv. The names, addresses and amount and percentage of ownership interest of the LLC or corporation of persons who are not licensees of the Board nor closely allied professionals; and

v. The name and address of the LLC's or corporation's registered agent for service of process in New Jersey ;

2. A certified copy of the Certificate of Formation or Incorporation for an LLC or corporation created in this State or, for an LLC or corporation created outside New Jersey, a certified copy of a Certificate of Authorization issued by the Division of Revenue in the New Jersey Department of the Treasury and a certified copy of the Certificate of Formation or Incorporation, or its equivalent, issued by the home state;

3. A copy of the most current annual report filed with the Division of Revenue in the New Jersey Department of the Treasury;

4. If appropriate, a copy of the signed contract entered into pursuant to N.J.A.C. 13:27-8.13; and

5. The application fee and certificate fee as set forth in N.J.A.C. 13:27-8.21.

(c) The certificate of authorization shall designate all New Jersey licensees who are in responsible charge of the landscape architectural activities and decisions of the LLC or corporation. All final drawings, papers and documents involving the practice of landscape architecture, when issued by the LLC or corporation or filed for public record, shall be signed and sealed by the New Jersey licensee who is in responsible charge of the work.

(d) The LLC or corporation that has been issued a certificate of authorization and its licensees who are in responsible charge of the landscape architectural activities and decisions of the LLC or corporation have a continuing duty to inform the Board within 30 days of any change in the information that was provided to the Board as required pursuant to (b) above, including a copy of each annual report filed with the Division of Revenue.

(e) Misrepresentation of any information provided to the Board or failure to provide updated information as required under (d) above shall result in the suspension of the certificate of authorization and/or shall be deemed to be professional misconduct of the licensees found to be in responsible charge of the landscape architectural activities and decisions of the LLC or corporation.

13:27-8.12 Biennial renewal of certificates of authorization

(a) All certificates of authorization issued by the Board shall be issued for a biennial period. An LLC or corporation seeking renewal [page=2215] of the certificate shall submit a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of the Treasury and the renewal fee as set forth in N.J.A.C. 13:27-8.21 prior to the expiration date of the certificate.

(b) The Board shall send a notice of renewal to each certificate holder at the address registered with the Board at least 60 days prior to the expiration of the certificate. If the notice to renew is not sent at least 60 days prior to the expiration date, no monetary penalties or fines shall apply to the certificate holder for failure to renew.

(c) If a certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew the certificate within 30 days of its expiration by submitting a completed renewal application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of the Treasury, and the renewal fee and late fee as set forth in N.J.A.C. 13:27-8.21. During this 30-day period, the certificate shall be valid, and the certificate holder shall not be deemed to be engaged in unauthorized practice.

(d) A certificate of authorization that is not renewed within 30 days of its expiration shall be automatically suspended. An LLC or corporation, other than a professional service corporation established pursuant to the "Professional Service Corporation Act," P.L. 1969, c. 232 (N.J.S.A. 14A:17-1 et seq.), that provides or advertises landscape architectural services while its certificate of authorization is suspended shall be in violation of N.J.S.A. 45:3A-16.

(e) A certificate of authorization that has been automatically suspended for non-renewal may be reinstated upon the LLC or corporation submitting a completed reinstatement application, a copy of the current annual report filed with the Division of Revenue in the New Jersey Department of the Treasury, and the renewal fee and reinstatement fee as set forth in N.J.A.C. 13:27-8.21.

13:27-8.13 [(Reserved)] Contract requirement

(a) Any business corporation or LLC that offers or renders landscape architectural services but does not have an officer or employee licensed as a landscape architect in this State who is in responsible charge shall have a written contract with a New Jersey licensed landscape architect, prior to the offering or rendering of any such service, and shall have obtained a certificate of authorization pursuant to N.J.S.A. 45:3A-16 and N.J.A.C. 13:27-8.11. Such written contract shall clearly indicate the licensee to be in responsible charge of the landscape architectural services.

(b) A licensed landscape architect rendering landscape architectural services for a business corporation or LLC that is required to obtain a certificate of authorization pursuant to N.J.S.A. 45:3A-16 and N.J.A.C. 13:27-8.11 shall not perform such services unless he or she is an officer or an employee of the corporation or LLC or has a written contract with the corporation or LLC prior to rendering professional services and is listed as being in responsible charge on the corporation's or LLC's certificate of authorization.

(c) A licensed landscape architect rendering landscape architectural services who is listed on a corporation's or LLC's certificate of authorization as being in responsible charge of the landscape architecture work, shall notify the Board in writing within 30 days of any change of status regarding the individual(s) in responsible charge of the corporation or LLC. It shall be the duty of the corporation or LLC and the licensed landscape architect(s) listed as being in responsible charge on the certificate of authorization to provide such notification.

(d) Any corporation or LLC that offers or renders landscape architecture services without a Certificate of Authorization or with a lapsed Certificate of Authorization shall be subject to civil penalties as authorized by N.J.S.A. 45:1-25. This subsection shall not apply to a professional service corporation established pursuant to the Professional Service Corporation Act, N.J.S.A. 14A:17-1 et seq.

13:27-[8.11] 8.14 Continuing education hour requirements; waiver or modification of requirements

(a) [A certificate holder] Except for a landscape architect who, on March 5, 2009, the effective date of P.L. 2008, c. 77, holds a valid certificate issued by the Board, pursuant to N.J.S.A. 45:3A-1 et seq., and who is considered a licensed landscape architect immediately upon that effective date, a licensee shall not be required to obtain continuing education hours during the first biennial renewal period in which the [certificate holder] licensee first obtains [certification] licensure . For each succeeding biennial renewal period, the [certificate holder] licensee shall complete a minimum of 24 hours of continuing education. ["Continuing education (CE) hour" means one 60 minute clock hour of an educational activity with no less than 50 minutes of instructional content within the hour.] An architect licensed to practice architecture and licensed to practice landscape architecture in New Jersey shall be required to complete 12 hours of continuing education in landscape architecture as set forth in N.J.S.A. 45:3A-15.

(b) A [certified] licensed landscape architect shall [only] receive continuing education credit only for continuing education successfully completed during the biennial [certification] licensure period in which the continuing education was completed, and no continuing education hours may be carried over into a succeeding biennial period.

(c) The [Committee] Board may, at its discretion [and with the approval of the Board], waive, extend or modify continuing education requirements on an individual basis for reasons of emergency or hardship, such as illness or disability [which] that prevents attendance at or completion of continuing education, military service or other good cause as demonstrated by the [certificate holder] licensee .

(d) Any [certificate holder] licensee seeking a waiver, extension or modification of the continuing education requirements shall submit a request to the [Committee] Board in writing specifying the reasons for the waiver, extension or modification. The [certificate holder] licensee shall also provide the [Committee] Board with such information as it may reasonably request in support of the request.

13:27-[8.12] 8.15 Continuing education programs and courses

(a) The [certificate holder] licensee may obtain continuing education credit as follows:

[1. Courses or programs approved by the Committee pursuant to N.J.A.C. 13:27-8.16: one hour for each hour of attendance; 2. Seminars, courses, conferences and other programs offered for the purpose of keeping the certificate holder apprised of advancements and new developments in the profession. Suitable programs include, for example, any of the subjects tested in the Landscape Architect Registration Examination (LARE), such as professional practice, design (conceptual site design, planting design, comprehensive site design), communication, or design implementation (grading construction details, layout): one hour for each hour of attendance;]

1. Courses and programs provided by LA CES-approved providers; or

[3.] 2. Successful completion of graduate course work relevant to landscape architecture beyond that required for professional certification, at university-sponsored programs or university-level, subject to [Committee] Board approval: a maximum of nine hours for each course[; or] .

[4. Courses, programs or seminars offered or approved by the New Jersey Department of Environmental Protection that are directly related to the practice of landscape architecture: one hour for each hour of attendance.]

[(b) The Committee shall maintain a list of all approved programs and courses at the Committee offices and shall furnish this information to certificate holders upon request.

(c) A certificate holder may obtain approval for attendance at a seminar, conference or other program that meets the Committee's continuing education requirements. For approval prior to attendance at a seminar, conference or other program, the certificate holder shall submit to the Committee a descriptive outline of the program or a description as prepared by the sponsor, including dates and hours 60 days prior to enrollment. For approval subsequent to attending a seminar, conference or other program, the certificate holder shall submit to the Committee a descriptive outline of the program or a description as prepared by the sponsor, including dates and hours together with written verification of attendance.]

[page=2216] 13:27-[8.14] 8.16 Compliance with continuing education requirements; audit

(a) A [certificate holder] licensee applying for [certificate] license renewal as set forth in N.J.A.C. 13:27-8.7 shall confirm on the renewal application that he or she has completed the required continuing education during the preceding biennial period set forth in N.J.A.C. 13:27-[8.11(a)] 8.14(a) .

(b) Each [certificate holder] licensee shall be subject to audit by the [Committee] Board and shall submit documentation of completed continuing education courses and programs upon request. Failure to provide requested documentation or falsification of any information submitted to the [Committee] Board may result in penalties, pursuant to N.J.S.A. 45:1-22 and 45:1-25, and/or suspension of [certification] license , pursuant to N.J.S.A. 45:1-21.

(c) Each [certificate holder] licensee shall retain documentation for participation in and/or attendance at an LA CES-approved provider course or program, or completion of graduate course work as set forth in N.J.A.C. 13:27-8.15(a)2, for a period of five years[:] .

[1. For attendance at courses or programs approved by the Committee, the verification of attendance as set forth in N.J.A.C. 13:27-8.16(b); and

2. For attendance at seminars, conferences and other programs for which the certificate holder received advanced approval, a descriptive outline of the program or a description as prepared by the sponsor, including dates and hours. For attendance at seminars, conferences and other courses and programs for which the certificate holder received subsequent approval by the Committee, written verification by the sponsor of attendance.]

[13:27-8.15 (Reserved)]

13:27-8.17 Responsibilities of continuing education providers

All continuing education course providers must meet LA CES approval criteria and follow all LA CES approval procedures, except when the continuing education is completion of graduate course work as set forth in N.J.A.C. 13:27-8.15(a)2.

13:27-8.18 (Reserved)

13:27-8.19 Rules of professional conduct

(a) If, in the course of his or her work on a project, a [certified] licensed landscape architect becomes aware of a decision taken by his or her employer or client, against the [certified] licensed landscape architect's advice, which violates applicable Federal, [state] State , county or municipal building laws and regulations and which would, in the [certified] licensed landscape architect's exercise of reasonable judgment, materially and adversely affect the health, safety and welfare of the public, the [certified] licensed landscape architect shall notify the employer or the client of such consequences and such other public authority as may be appropriate in the situation.

(b) A [certified] licensed landscape architect may accept an assignment or employment requiring education or experience outside of his or her field of competence, but only to the extent that the services are restricted to those phases of the project in which he or she may, without undue cost or hardship to the client, reasonably become qualified. All other phases of such project shall be performed by qualified associates, consultants[,] or employees in conformance with the statutes and rules governing their respective professions.

(c) A [certified] licensed landscape architect shall not affix a personal signature [and/]or seal to any plan or document dealing with subject matter in which there is a lack of competence by virtue of education or experience, nor to any such plan or document not prepared under his or her direct supervision and control.

(d) A [certified] licensed landscape architect shall be completely objective and truthful in all professional reports, statements or testimony and shall include all relevant and pertinent information.

(e) When issuing any statements, criticisms or arguments on matters connected with public policy [which] that are inspired or paid for by an interested party, or parties, a [certified] licensed landscape architect shall preface such comments by explicit personal identification, by disclosing the identity of the party or parties on whose behalf he or she is speaking, and by revealing the existence of any pecuniary interest he or she may have in the instant matters.

(f) A [certified] licensed landscape architect shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to by, all interested parties.

(g) A [certified] licensed landscape architect shall not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products unless such consideration is disclosed to the client.

(h) A [certified] licensed landscape architect shall not solicit or accept gratuities or anything of value not related to work performed, directly or indirectly from contractors, their agents[,] or other parties dealing with his or her client or employer in connection with work for which he or she is responsible.

(i) When in public service as a member, advisor or employee of a governmental body or department, a [certified] licensed landscape architect shall not participate in considerations or actions with respect to services provided by the individual or the individual's professional organization in private practice.

(j) A [certified] licensed landscape architect shall not solicit or accept a contract from a government body on which a principal or officer of his or her organization serves as a member.

(k) A [certified] licensed landscape architect shall not offer to pay, either directly or indirectly, any commission, political contribution, gift or other consideration in order to secure or retain work, exclusive of securing positions through employment agencies.

(l) A [certified] licensed landscape architect shall not falsify or permit misrepresentation of academic or professional qualifications. He or she shall not misrepresent or exaggerate degrees of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures[,] or past accomplishments with the intent and purpose of enhancing his or her qualifications and work.

(m) A [certified] licensed landscape architect shall not knowingly associate with or permit the use of a personal name or firm name in a business venture by any person or firm which he or she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature or is otherwise engaging in unlawful activities.

(n) All advertisements and public representations of [certificate holders] licensees, which make specific reference to service as a "landscape architect" shall list the name and [certificate] license number of the [certified] licensed landscape architect. If the [certificate holder] licensee conducts the practice under a corporation or trade name, the advertisement/public representation may list the business name under which the practice is conducted but shall also conspicuously disclose the name and [certificate] license number of at least one of the principal practitioners. [For the purposes of this subsection, "advertisement" means any communication to the public including, but not limited to, newspaper, periodical, journal, flyer, professional stationery, telephone directory, billboard, sign (other than a sign used only for identification purposes at the business premises), radio, telephone for the purpose of solicitation, television, Internet, or any other print or electronic media in which landscape architecture services are offered or by which the availability of landscape architecture services is made known.]

1. [Certified] Licensed landscape architects, whose advertisements/listings in a telephone or other consumer information directory do not comply with this requirement, shall immediately notify the directory publisher of the additional data which shall be published in the next available directory in which the [certified] licensed landscape architect intends to continue such advertisement/listing. The [certificate holder;] licensee, personally or through the business entity, shall retain a copy of the notification which shall be made available for inspection at Board request.

(o) If a [certified] licensed landscape architect has knowledge or reason to believe that another person or firm may be in violation of any of these provisions, he or she shall present such information to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as may be required by the Board.

[page=2217] ( Agency Note: N.J.A.C. 13:27-8.20 is proposed for recodification with amendments as N.J.A.C. 13:27-8.3.)

13:27-8.20 (Reserved)

13:27-8.21 Fees

(a) The following fees shall be charged by the [ New Jersey State ] Board [of Architects] for [Landscape Architect Certification] landscape architect license matters. Unless otherwise provided herein, all fees are non-refundable.

 

1.

(No change.)

 
 

[2.

Examination fee for the New Jersey Examination when

100.

 

Board administered

00]

 

[3.]

Initial [Certification Fee] fee (including seal

 

2.

press)

 
 

i.-ii.

(No change.)

 
 

Recodify existing 4.-7. as 3.-6. (No change in text.)

 

[8.]

Replacement or duplicate [certificate] license fee

25.00

7.

   
 

[9.]

(No change in text.)

 

8.

   
 

[10.]

Verification of [Certification] license

25.00

9.

   
 

(b) Certificate of Authorization fees shall be as follows:

 

1.

Application fee

$100.00

     
 

2.

Initial licensure

 
 

i.

If paid in the first year of a biennial renewal

500.00

 

period

 
 

ii.

If paid in the second year of a biennial renewal

250.00

 

period

 
 

3.

Biennial renewal

500.00

 

4.

Late fee

50.00

 

5.

Reinstatement fee

300.00

 
     
 

13:27-8.22 Notification of change of address; service of process

(a) [Certified] Licensed landscape architects shall notify the Board in writing of any change from the address currently registered with the Board and shown on the most recently issued [certificate] license . Such notice shall be sent to the Board by certified mail, return receipt requested, no later than 30 days following the change of address. Failure to notify the Board of any change of address may result in disciplinary action.

(b) Service of an administrative complaint or other Board-initiated action at a [certificate holder's] licensee's address on file with the Board shall be deemed adequate notice when service by certified or regular mail is acceptable and shall allow the commencement of any disciplinary proceedings.



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