PROPOSED RULEMAKING
STATE BOARD OF LANDSCAPE ARCHITECTS
[49 PA. CODE CH. 15]
General Revisions
[35 Pa.B. 2404] The State Board of Landscape Architects (Board) proposes to amend §§ 15.2, 15.11, 15.14, 15.16, 15.18, 15.23, 15.32--15.34, 15.36, 15.41, 15.54, 15.56, 15.72, 15.73, 15.76 and 15.79 and to delete §§ 15.19, 15.20 and 15.37 (relating to consideration and approval of application; Recording Board action; and public information) to read as set forth in Annex A. The proposed rulemaking amends registration without examination provisions and makes general editorial changes.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under section 4(9) of the Landscape Architects' Registration Law (act) (63 P. S. § 904(9)).
Background and Purpose
The purpose of the proposed rulemaking is to amend the existing regulations to do the following: delete references to the specific Board approved licensure examination; amend provisions regarding Board procedures to conform to actual Board procedures; delete unnecessary provisions and clarify existing provisions; and clarify the Board's process regarding issuing licenses without examination.
Description of Proposed Amendments
Section 15.2 (relating to Board proceedings and meetings) would be amended by making the conduct of Board meetings according to Roberts' Rules of Order permissive rather than mandatory.
Section 15.11(a) (relating to filing procedures) would be amended by deleting the reference to the Board's address. The Board's address has changed recently and including the address in the regulations is unnecessary since the application itself will provide the Board's address.
Section 15.14 (relating to retention of documents) would be amended to delete the option of an applicant to submit copies of documents rather than the original documents. To evaluate an applicant for licensure, the Board believes that the original document is the best display of the applicant's work product.
Section 15.16(b) (relating to references) would add a sentence clarifying that the references should be sent to the Board by the individual writing the reference rather than by the applicant. Subsection (d) would delete the requirement that a reference attest to the applicant's moral character since the accuracy of an individual attesting to one's moral character is hard to measure.
Section 15.18 (relating to certification) would be amended to delete the temporary certification process, as it is no longer necessary. Currently, once a license is approved, it is automatically considered active and notification of the approval is listed on the Board's website. In addition, the licensee receives the permanent certificate in about 2 weeks following approval.
The Board is proposing to delete §§ 15.19 and 15.20 because, under 65 Pa.C.S. Chapter 7 (relating to Sunshine Act), all formal action is required to be voted on in public session. Also, all formal action is required to be recorded in the Board's minutes. Therefore, these provisions are unnecessary.
Section 15.23(a) (relating to practice by out-of-State landscape architects) would be amended by reflecting the exact language of the act.
Section 15.32 (relating to change of name or address; fee) would delete the reference to ''fee'' in the title because this section does not address a fee.
Section 15.33(c) and (d) (relating to seals) would be amended by deleting the requirement that a registrant provide the Board with an imprint of the stamp or an impression of the seal. The Board has found that this requirement is difficult to enforce. Rather, the Board will provide a sample seal, as part of this rulemaking, to use as an example of the kind of stamp or seal to be used by registrants.
Subsection 15.34(b) (relating to biennial registration, inactive status and expired certificates) would be amended by deleting the requirement that an applicant who wishes to return to active status after being inactive must provide a notarized affidavit of nonpractice. The Board has not been requiring a notarized affidavit. Instead, the Board's application requires the applicant to indicate whether the applicant has practiced landscape architecture in this Commonwealth during inactive status.
Section 15.36 (relating to permitted practices) would be amended by deleting the procedures for filing papers regarding establishing a corporation. Because subsection (a) already states that a landscape architect may practice with other persons through the formation of an association or corporation so long as the arrangement is permitted by law, and because the Corporation Law dictates the requirements for filing these arrangements, the Board's regulations are unnecessary.
Section 15.37 would be deleted because the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§ 66.1--66.9), known as the Right-to-Know Law, already covers what information is considered to be public.
Section 15.41(d) (relating to general requirements) would clarify that professional experience gained while pursuing an undergraduate degree in landscape architecture or first professional degree will not be considered acceptable experience for purposes of becoming licensed. The Board adds the term ''first professional degree'' because some landscape architect programs are a combination of undergraduate and master's degree programs.
Section 15.54(a) (relating to registration by examination) would be deleted because it merely restates the requirement in the act. Also, subsection (b) would be amended to make the provision more readable.
Section 15.56(b) (relating to registration without examination) would be amended to provide notice to applicants for registration without examination as to what the Board is looking for by way of an interview. The Board has developed a list of work samples that an applicant would be required to bring to the interview. The Board believes that this list would allow the Board to determine whether an applicant has a sufficiently well-rounded background in landscape architecture so that he would be able to perform all aspects of landscape architecture permitted through licensure.
Section 15.72 (relating to requirement for biennial renewal) would be amended to permit the Board to exempt from the continuing education requirement a licensee who received a license within 2 years preceding the licensee's first application for biennial renewal because the licensee may not have adequate time to complete the continuing education. Subsection (c) would be added to require a licensee who wishes to reactivate a lapsed license or who has been on inactive status to have completed 10 hours of continuing education in the 2-year period immediately prior to reactivation.
Section 15.73(c) (relating to acceptable continuing education courses) would be amended by permitting up to 5 clock hours per biennium of continuing education courses to be acquired through correspondence courses.
Section 15.76 (relating to sources of continuing education courses) would be amended by clarifying that the Board's list of acceptable entities for providing continuing education courses are those entities where the courses are provided, approved, sponsored or co-sponsored by the entity. This list would be amended to reflect the accurate names of these entities and that the chapters of these entities would also be approved. Paragraph (9) would be amended to clarify that the only courses in accredited landscape architect programs or programs in fields related to landscape architecture in colleges and universities would be deemed approved. The Council of Landscape Architects Registration Board or its successor would also be added to the list of sources of continuing education courses.
Section 15.79 (relating to reporting of hours spent in continuing education) would be amended by deleting the reference to ''Board-provided forms'' pertaining to submission of continuing education hours.
Fiscal Impact
The proposed rulemaking will have no fiscal impact on the Board or its licensees. The proposed rulemaking should have no fiscal impact on the private sector, the general public or political subdivisions.
Paperwork Requirements
The proposed rulemaking should not create additional paperwork for the private sector.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 29, 2005, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding the proposed rulemaking to Shirley Klinger, Administrative Assistant, State Board of Landscape Architects, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days of publication of this proposed rulemaking. Reference No. 16A-618 (General Revisions) when submitting comments.
RICHARD G. STAUFFER,
ChairpersonFiscal Note: 16A-618. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 15. STATE BOARD OF LANDSCAPE ARCHITECTS
GENERAL PROVISIONS § 15.2. Board proceedings and meetings.
* * * * * (b) Five members of the Board constitute a quorum. Board meetings [will] may be conducted according to Roberts' Rules of Order.
* * * * *
APPLICATION PROCEDURES § 15.11. Filing procedures.
(a) An application for registration shall be submitted to the State Board of Landscape Architects[, Box 2649, Harrisburg, Pennsylvania 17105-2649].
* * * * * § 15.14. Retention of documents.
The Board reserves the right to retain as a permanent part of the application documents submitted which shall be properly marked for identification and ownership. [Photocopies of original documents may be submitted for documentary evidence if notarized as true copies.]
§ 15.16. References.
* * * * * (b) The applicant shall provide three references on the application and shall forward forms to the references to be completed and mailed directly to the Board by the references. The Board will return completed reference forms sent by the applicant.
* * * * * (d) A reference shall attest that [he] the reference is familiar with the applicant's professional work [and the applicant's moral character. The Board will accept additional references pertaining to the applicant's moral character from individuals who are not design professionals if the professional references do not have personal knowledge of the applicant's moral character].
§ 15.18. Certification.
[(a)] An applicant granted registration will be issued a permanent certificate of registration.
[(b) Prior to issuance of a permanent certificate, the letter from the Board advising the landscape architect that he has been granted registration will serve as a temporary certificate of registration.]
§ 15.19. [Consideration and approval of application] (Reserved).
[Applications shall be considered individually by the Board and passed or rejected on a roll call vote. Approval of an application shall be by a majority vote of the Board.]
§ 15.20. [Recording Board action] (Reserved).
[The action taken by the Board on an application will be recorded in the minutes.]
§ 15.23. Practice by out-of-State landscape architects.
(a) An out-of-State landscape architect may [obtain approval from the Board to] practice landscape architecture in this Commonwealth for a period not exceeding 30 days in the aggregate in 1 calendar year by submitting proof that:
* * * * *
ADMINISTRATION § 15.32. Change of name or address[; fee].
* * * * * § 15.33. Seals.
* * * * * (c) A registrant shall be required to obtain the authorized seal or a rubber stamp [and to furnish the Board with an imprint of the stamp or an impression of the seal]. A sample seal is as follows:
[(d) Renewal of a license will not be granted unless this requirement is fulfilled.]
§ 15.34. Biennial registration, inactive status and expired certificates.
* * * * * (b) Inactive status and registration renewal. A landscape architect who is not engaged in the practice of landscape architecture may request the Board, in writing, to place the landscape architect's name on inactive status. The landscape architect shall notify the Board, in writing, of the landscape architect's desire to reregister. The landscape architect shall comply with the requirements for the renewal of a license that exist at the time the landscape architect applies to become currently registered. There is no fee or penalty for preceding biennial periods in which the landscape architect did not engage in practice in this Commonwealth. The landscape architect applying to return to active status shall submit to the Board an application form prescribed by the Board[, a notarized affidavit] stating that the applicant has not practiced landscape architecture in this Commonwealth during inactive status[,] and the current renewal fee.
* * * * * § 15.36. Permitted practices.
* * * * * (b) [When landscape architecture is practiced through a corporation, a copy of the articles of incorporation and registry statement of the proposed corporation shall be filed with the Board at the time of filing with the Corporation Bureau of the Department of State.
(1) If a name is chosen which does not contain the names of all the licensed professionals with an ownership interest in the practice, the Board shall be supplied with the list of these persons.
(2) A landscape architect incorporating under the terms of this section shall notify the Board of any changes in the name or ownership of the corporation].
[(c)] A landscape architect, partnership, professional corporation, association or other group practice may do business under a fictitious name and advertise in any medium if the name and the advertisement are not misleading, deceptive or fraudulent [on their face by inference or by actual effect.
(1) A copy of the fictitious name registration shall be filed with the Board at the time of submission to the Corporation Bureau.
(2) A fictitious name will be approved by the Board. A list of the landscape architects with ownership interest in the practice shall be submitted to the Board concurrently with the fictitious name registration. The Board will notify the landscape architect of its approval or disapproval, and this notice shall be submitted to the Corporation Bureau, together with the documents and fees required by that agency for filing a fictitious name registration.
(3) A landscape architect practicing under the terms of this section shall notify the Board of changes in the name or ownership of the business, and shall seek Board approval of these changes prior to practicing under a new name or ownership structure.
(d) A landscape architect shall sign documents which arise out of the rendering of professional services. If the landscape architect practices in association with others, his name shall appear with the name of the association on documents not signed by him.]
§ 15.37. [Public information] (Reserved).
[The following information may be released by the Board:
(1) Whether or not a person is registered and in good standing, and the date of original registration of each person.
(2) The address of record of the registrant.
(3) Whether registration was granted by examination, reciprocity or by statutory exemption.
(4) Information the Board determines is required to release under the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§ 66.1--66.4), known as the Right-to-Know Act.
(5) Grades as requested by CLARB, other state registration boards or by examinees requesting their own test results.]
EXPERIENCE § 15.41. General requirements.
* * * * * (d) Professional experience gained while pursuing an undergraduate degree in landscape architecture or first professional degree will not be considered by the Board as an acceptable experience.
EXAMINATIONS § 15.54. Registration by examination.
[(a) Registration may be granted to an applicant who has successfully passed the examination as prescribed by the Board.
(b)] An applicant who meets one or more of the following requirements is eligible [to sit for the] for licensure by written examination:
* * * * * § 15.56. Registration without examination.
* * * * * (b) Procedure.
(1) Prior to issuing a license without examination, the Board will require the applicant to appear before representatives of the Board for an interview. The applicant will be required to submit the following work samples to the representatives during the interview:
(i) Site and development plans.
(ii) Specifications and drawings.
(iii) Grading and drainage plans.
(iv) Layout plans.
(v) Planting plans.
(vi) Stormwater management plans and calculations.
(vii) Site construction details and specifications.
(viii) Photographs of completed projects.
(ix) Evidence of cost estimating and supervision of construction.
(x) A variety of project types including experience with residential subdivision, commercial land developments, environmental projects and park and recreation projects.
(2) Prior to issuing a license without examination, the Board will review the applicant's qualifications, and by a majority vote approve or disapprove the application.
[(2)](3) * * *
CONTINUING EDUCATION § 15.72. Requirement for biennial renewal.
(a) As a condition of biennial renewal commencing with the 2003 biennium and continuing thereafter, licensees shall have completed during the preceding biennium 10 clock hours of continuing education in acceptable courses approved under this subchapter.
(b) The Board will exempt from the continuing education requirement a licensee who received a license within 2 years preceding the licensee's first application for biennial renewal.
(c) A licensee who wishes to reactivate a lapsed license or who has been on inactive status shall have completed 10 hours of continuing education in the 2-year period immediately prior to reactivation.
§ 15.73 Acceptable continuing education courses.
* * * * * (c) A maximum of 5 clock hours per biennium will be accepted in courses consisting of satellite seminars [and], electronic presentations and correspondence courses.
§ 15.76. Sources of continuing education courses.
The Board finds the courses provided, approved, sponsored or co-sponsored by the following entities meet the standards of the act and this subchapter:
(1) The American Society of Landscape Architects and its [affiliates] chapters.
(2) [The American Nurserymen's Association] The American Nursery & Landscape Association and its [affiliates] chapters.
(3) The American Planning Association and its [affiliates] chapters.
(4) The American Institute of Architects and its [affiliates] chapters.
(5) The National Society of Professional Engineers and its [affiliates] chapters.
(6) The National Recreation and Parks Association and its [affiliates] chapters.
* * * * * (9) Accredited landscape architect programs or programs in fields related to landscape architecture in colleges and universities [which offer courses in landscape architecture or related fields].
* * * * * (11) The Council of Landscape Architects Registration Boards (CLARB) or its successor.
§ 15.79. Reporting of hours spent in continuing education.
An applicant for license renewal shall provide the following information for each course attended [on Board-provided forms]:
* * * * *
[Pa.B. Doc. No. 05-767. Filed for public inspection April 22, 2005, 9:00 a.m.]
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