Introduced By: Senator Irons
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-51-1, 5-51-6, 5-51-7, 5-51-9, 5-51-13 and 5-51-16 of the General Laws in Chapter 5-51 entitled "Rhode Island State Board of Examiners of Landscape Architects" are hereby amended to read as follows:
5-51-1. Definitions. -- As used in this chapter, the following definitions of words and terms shall apply:
(1) "Board" means the Rhode Island state board of examiners of landscape architects.
(2) "Landscape architect" means a person who engages or offers to engage in the practice of landscape architecture.
(3) "Landscape architecture" means planning and designing the use, allocation, and arrangement of land and water resources, through the creative application of biological, physical, mathematical, and social processes. Insofar as these services involve safeguarding life, health or property, and include such other professional services as may be necessary to the planning, progress, and completion of any landscape architectural services, such services may include but not be limited to the following:
(a) Consultation, research, analysis and assessment, selection, and allocation of land and water resources;
(b) Formulation of graphic and written criteria to govern the planning and design of land construction development programs including:
(i) The preparation, review and analysis of master and site plans;
(ii) Reconnaissance, planning, design, preparation of drawings, construction documents and specifications, and responsible construction observation;
(c) Design coordination and review of technical plans and construction documents prepared by other professionals working under the direction of the landscape architect;
(d) Land preservation, restoration, conservation, reclamation, rehabilitation, management and development;
(e) Feasibility studies and site selection for developments;
(f) Integration, site analysis and determination of settings for grounds and locations of buildings, structures, transportation systems, and environmental systems;
(g) Analysis and design of grading and drainage, stormwater management, irrigation systems for erosion and sediment controls, planting plans, lighting, and ground cover;
(h) Feasibility studies, cost estimates and reports for development.
{ADD (4) "Landscape architecture" shall not mean nor extend to the preparation of "decorative planting plans" as defined in subsection (5) hereof. ADD}
{ADD (5) "Decorative planting plans" means and refers to planning and designing intended exclusively for the decoration of residential structures or settings which contain no greater than two (2) "Dwelling Units" as such term is defined in section 45-24-31(24) and which involves the use and arrangement of trees, shrubs, plants, ground-cover, and/or flowers for aesthetic and decorative purposes only, but specifically does not include the following: ADD}
{ADD (a) Plans or designs which create the layout of grading, vehicular paving, drainage, stormwater management, irrigation, erosion control, retaining walls, decks, gazebos, pools, or any similar structures; and/or ADD}
{ADD (b) Plans or designs intended or used at any time or in any manner for or in furtherance of the purpose of obtaining federal, state, or local building, construction, or related permits or like authorizations; and/or ADD}
{ADD (c) Plans or designs relating to federal, state, or local public works or public projects, or otherwise relating to property which is not privately owned. ADD}
5-51-6. Examinations. -- (a) Before being examined for registration as a landscape architect, each applicant shall submit evidence to the board that:
(1) He or she is at least twenty-one (21) years of age and of good moral character;
{DEL (2) He or she is a citizen or legal resident of the United
States; DEL}
(3) He or she has completed the course of study and has graduated from a college or school of landscape architecture approved by the board. In lieu of graduation from an approved college or school of landscape architecture, an applicant may take the examination upon presenting evidence of at least six (6) years of practical experience in landscape architectural work of a grade and character satisfactory to the board. Credit may be given for approved college education at the discretion of the board.
(4) He or she has had a minimum of: {ADD (i) ADD} two (2) years'
experience in landscape architectural work under the direct supervision
of a registered landscape architect and of a grade and character
satisfactory to the board {DEL . DEL} {ADD ; or (ii) one (1)
year's experience in landscape architectural work under the direct
supervision of a registered landscape architect and of a grade
and character satisfactory to the board and one (1) year's experience
in related work under the direct supervision of a registered "Allied
Professional" and of a grade and character satisfactory to
the board. For purposes of this subsection, the term "Allied
Professional" shall mean an individual professional licensed
as an architect, an engineer, or a land surveyor. ADD}
(b) The scope of the examinations will be established by the board,
and the examinations shall be designed to determine the qualifications
of the applicant to practice landscape architecture. The examination
shall cover such technical, professional, and practical subjects
as relate to the practice of the profession of landscape architecture.
The examinations shall also cover the basic arts and sciences,
a knowledge of which is material and necessary to the proper understanding,
application, and qualification for practice of the profession
of landscape architecture. (The board may use the {DEL council
of landscape architects registration boards uniform DEL} {ADD council
of landscape architects registration boards' ADD} national examination
in lieu of preparing a special test for its own use.)
(c) The board may establish or change the written examination and include an oral examination as a supplement to the written examination. The board may also determine the eligibility of the applicant before permitting admittance to the examination.
(d) The subjects included in the examination shall be determined by the board and may be combined, revised, or eliminated. The time allotted for the examination may be altered at the discretion of the board.
(e) The written examination will be given at least once in each calendar year. The date, time, and place of the examination shall be determined by the board.
(f) The examination shall be conducted in accordance with the instructions issued by the board. A copy of these instructions shall be furnished to each applicant after the applicant has been certified by the board as eligible for admittance to the examination and the date of the examination has been established by the board.
5-51-7. Reciprocity -- Waiver of requirements for examination.
-- (a) The board may waive the requirements for examination
of a competent landscape architect holding a license in another
state {DEL provided that state grants equal rights and has
at least equal standards. DEL} {ADD , territory, or possession
of the United States, or in a foreign country, provided that state,
territory, possession, or country grants equal rights and has
at least equal standards, and provided that said applicant's license
is based on comparable written examinations and that his or her
qualifications meet all of the requirements of this chapter based
on verified evidence satisfactory to the board. ADD}
(b) The board shall establish standards for the determination and implementation of reciprocity with other states.
{DEL 5-51-9. Annual renewal of licenses. DEL} {ADD
5-51-9. Annual renewal of licenses and certificates of authorization.
-- ADD} (a) (1) {DEL A license to practice landscape architecture
in the state of Rhode Island shall remain in force for the fiscal
year in which said license was issued. DEL}
{DEL (2) All licenses and certificates of authorization shall
expire on June 30 and shall be renewed annually. DEL} {ADD Every
license shall be valid for a period of two (2) years and shall
expire on the last day of June of each odd numbered year following
its issuance. Every certificate of authorization shall be valid
for a period of two (2) years and shall expire on the last day
of June of each even numbered year following its issuance. A
license or certificate of authorization may be renewed by paying
the renewal fee required by section 5-51-14. A landscape architect
who fails to renew his or her license prior to each said June
30, may not thereafter renew his or her license except upon payment
of the renewal fee and the additional fee(s) required by section
5-51-14. A landscape architectural firm which fails to renew
it certificate of authorization prior to each said June 30, may
not thereafter renew its certificate of authorization except upon
payment of the renewal fee and the additional fee(s) required
by section 5-51-14. ADD} The certificates of authorization are
issued by the board, indicating the corporation, partnership,
{DEL limited liability company DEL} or sole proprietorship
named therein is permitted to practice landscape architecture
in this state. A license or certificate of authorization will
not be renewed until the renewal fee is received by the board
{DEL and the same shall be effective as of June 30, 1981 DEL}.
(3) Licenses and certificates of authorization not renewed by
the payment of the {DEL annual license DEL} renewal fee
prior to {ADD each said ADD} June 30, shall be construed to be expired,
and shall require an application for reinstatement.
{DEL (4) Failure to reinstate a license or certificate of authorization
by October 1 will result in the cancellation of the license or
certificate of authorization. DEL}
(b) The board may determine and establish such rules and regulations for continuing education requirements and other recertification procedures that the board deems necessary.
(c) The board may require all applicants for renewal to provide
the board with {DEL registration information as the board deems
necessary DEL} {ADD such information, including but not limited
to a brief outline setting forth the professional activities of
any applicant during a period in which a license or certificate
of authorization has lapsed and other evidence of the continued
competence and good character of the applicant, all as the board
deems necessary. ADD}.
{DEL 5-51-13. Corporations, partnerships and limited
liability companies. DEL} {ADD 5-51-13. Corporations
and partnerships. -- ADD} (a) A corporation {DEL , DEL}
{ADD or ADD} partnership {DEL or limited liability company, DEL}
as such, may not be licensed as registered to practice landscape
architecture or to use any form of the title "landscape architect"
in connection with the corporate or partnership {DEL or limited
liability company DEL} name {ADD unless authorized by this chapter ADD}.
(b) The right to engage in the practice of landscape architecture
is a personal right, based upon the qualifications of the individual
evidenced by his or her license and is not transferable. No person
shall practice landscape architecture, or use the title "landscape
architect", or any title, sign, card, or device to indicate
that such person is practicing landscape architecture, or is such
{DEL an architect DEL} {ADD a landscape architect ADD}, unless
that person shall have secured from the board of {DEL examination
and registration of landscape architects a certificate of registration DEL}
{ADD a license ADD} in the manner provided. All final drawings, specifications,
plans, reports, or other papers or documents involving the practice
of landscape architecture, as defined in section 5-51-1, for use
in this state shall be dated, and bear the signature and seal
of the landscape architect or landscape architects who prepared
or personally supervised their preparation.
(c) The practice or offer to practice landscape architecture as
defined by this chapter by a corporation, partnership, {DEL limited
liability company DEL} or sole proprietorship, hereinafter
referred to as the "firm", through {DEL individuals DEL}
{ADD one or more landscape architects license under the provisions
of this chapter, ADD} is permitted provided that said {DEL individuals DEL}
{ADD licensed landscape architect(s) ADD}: are in direct control
of such practice; exercise personal supervision of all personnel
who act on behalf of the firm in professional and technical matters;
and are registered under the provisions of this chapter, and provided
further that said firm has been issued a certificate of authorization
by the board of examiners of landscape architects.
{ADD (d) ADD} Within one (1) year after enactment of this chapter, every firm must obtain a certificate of authorization from the board and those individuals in direct control of such practice and who exercise direct supervision of all personnel who act on behalf of the firm in professional and technical matters must be registered with the board. The certificate of authorization shall be issued by the board upon satisfaction of the provisions of this chapter and the payment of the required fee. This fee shall be waived if the firm consists of only one (1) person who is the person in responsible charge.
(1) Every firm desiring a certificate of authorization must file
with the board an application for same on a form to be provided
by the board. {ADD Every certificate of authorization shall be
valid for a period of two (2) years and shall expire on the last
day of June of each even numbered year following its issuance. ADD}
A separate form provided by the board is to be filed with each
renewal of said certificate of authorization {DEL in addition, DEL} {ADD .
In addition, each firm shall complete a renewal form ADD} within
thirty (30) days of the time any information previously filed
with the board has changed, is no longer true or valid or has
been revised for any reason. If, in its judgment, the information
contained on the application and renewal form is satisfactory
and complete, the board will issue a certificate of authorization
for said firm to practice landscape architecture in this state.
{DEL (2) No firm that has been granted a certificate of authorization
by the board shall be relieved of responsibility of modification
or derivation thereof, unless the board has issued for said applicant
a certificate of authorization or a letter indicating the eligibility
of such applicant to receive such a certificate. The firm applying
shall supply such certificate or letter from the board with its
application for incorporation or registration as a foreign corporation. DEL}
5-51-16. Penalty for violations -- Injunctive relief. --
{DEL Any person who violates the provisions of section 5-51-15
shall, upon conviction, be subject to a civil penalty of not more
than five hundred dollars ($500). The board may maintain in any
court of competent jurisdiction a suit for injunctive relief against
any person or persons holding themselves out as landscape architects
or practicing landscape architecture without a certificate of
registration issued by the board. DEL} {ADD (a) No individual
shall: (i) practice or offer to practice landscape architecture
in this state; or (ii) use any title, sign, card, or device implying
that such individual is a landscape architect or is competent
to practice landscape architecture in this state; or (iii) use
in connection with his or her name or otherwise any title or description
conveying or tending to convey the impression that such individual
is a landscape architect or is competent to practice landscape
architecture in this state; or (iv) use or display any words,
letters, seals, or advertisements indicating that such individual
is a landscape architect or is competent to practice landscape
architecture in this state, unless that individual holds a current
valid license issued pursuant to this chapter or is specifically
exempted therefrom under the provisions of this chapter. ADD}
{ADD (b) No sole proprietorship, partnership, or corporation shall (i) practice or offer to practice landscape architecture in this state; or (ii) use any title, sign, card, or device implying that the sole proprietorship, partnership, or corporation is competent to practice landscape architecture in this state; or (iii) use in connection with its name or otherwise any title or description conveying or tending to convey the impression that such entity is a landscape architectural firm or is competent to practice landscape architecture in this state; or (iv) use or display any words, letters, figures, seals, or advertisements indicating that such entity is a landscape architectural firm or is competent to practice landscape architecture in this state, unless that sole proprietorship, partnership or corporation complies with the requirements of this chapter. ADD}
{ADD (c) Any individual, sole proprietorship, partnership or corporation which: (i) violates subsection (a) or (b) of this section; or (ii) presents or attempts to use the license/certificate of authorization of another; or (iii) gives any false or forged evidence of any kind to the board or to any member thereof in obtaining or attempting to obtain a license/certificate of authorization; or (iv) falsely impersonates any other registration whether of a like or different name; or (v) uses or attempts to use an expired, revoked, or nonexistent license/certificate of authorization; or (vi) falsely claims to be registered under this chapter; or (vii) otherwise violates any provision of this chapter, shall, upon determination thereof by a court of competent jurisdiction, (1) be subject to a civil penalty of one thousand dollars ($1,000) for the first offense, and a civil penalty of two thousand dollars ($2,000) for each subsequent offense; and (2) in the court's discretion and upon good cause shown, reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such proceedings, including attorneys fees (which amounts shall be deposited as general revenues); and (3) be subject to, in the board's discretion, public censure or reprimand. ADD}
{ADD (d) The board shall have the power to institute injunction proceedings in superior court to prevent violations of subsection (a) or (b) of this section and/or for violations of section 5-51-3. In injunction proceedings, the board shall not be required to prove that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violations. The superior court, in its discretion and in addition to any injunctive relief granted to the board, may order that any person or entity in violation of this section shall: (i) upon good cause shown, reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such proceedings, including attorneys fees (which amounts shall be deposited as general revenues); and/or (ii) be subject to public censure or reprimand. ADD}
SECTION 2. Chapter 5-51 of the General Laws entitled "Rhode Island State Board of Examiners of Landscape Architects" is hereby amended by adding thereto the following sections:
{ADD 5-51-17. Revocation or suspension of licenses or certificates of authorization. -- ADD} {ADD After notice and hearing as provided in section 5-51-17.1, the board may in its discretion: (a) suspend, revoke, or refuse to renew any license; and/or (b) revoke or suspend or refuse to renew any certificate of authorization; and/or (c) publicly censure, or reprimand or censure in writing; and/or (d) limit the scope of practice of; and/or (e) impose an administrative fine upon (not to exceed one thousand dollars ($1,000) for each violation); and/or (f) place on probation; and/or (g) for good cause shown, order a reimbursement of the Board for all fees, expenses, costs, and attorneys fees in connection with such proceedings (which amounts shall be deposited as general revenues), all with or without terms, conditions or limitations, holders of a license or certificate of authorization, (hereafter referred to as licensee(s)), for any one or more of the following causes: ADD}
{ADD (1) Bribery, fraud, deceit, or misrepresentation in obtaining a license or certificate of authorization; ADD}
{ADD (2) Practicing landscape architecture in another state or country/jurisdiction in violation of the laws of that state or country/jurisdiction; ADD}
{ADD (3) Practicing landscape architecture in this state in violation of the standards of professional conduct established by the board; ADD}
{ADD (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the practice of landscape architecture; ADD}
{ADD (5) Use of a landscape architect's stamp in violation of section 5-51-11; ADD}
{ADD (6) Violation of any of the provisions of this chapter; ADD}
{ADD (7) Suspension or revocation of the right to practice landscape architecture before any state or before any other country/jurisdiction; ADD}
{ADD (8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of, or an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses involving moral turpitude, in a court of competent jurisdiction of this state or any other state or of the federal government; ADD}
{ADD (9) Failure to furnish to the board or any person acting on behalf thereof in a reasonable time such information as may be legally requested by the board; ADD}
{ADD (10) In conjunction with any violation of subsections (1) through (9) above, any conduct reflecting adversely upon the licensee's fitness to engage in the practice of landscape architecture; and ADD}
{ADD (11) In conjunction with any violation of subsections (1) through (9) above, any other conduct discreditable to the landscape architectural profession. ADD}
{ADD 5-51-17.1. Initiation of proceedings -- Hearings before the board -- Appeals -- Notice to other states. -- ADD} {ADD (a) The board may initiate proceedings under this chapter against holders of a license and/or certificate of authorization (hereafter referred to as licensee(s)) either on its own motion, or on complaint of any person, upon a finding of probable cause by the board, or upon receiving notification from another state board of landscape architects or from the appropriate authority in another country/jurisdiction of its decision to: (1) revoke, suspend, or refuse to renew the practice privileges granted in that state or in that country/jurisdiction to the licensee, or (2) publicly censure, or censure in writing, limit the scope of practice of, impose an administrative fine upon, or place on probation such licensee. ADD}
{ADD (b) A written notice stating the nature of the charge or charges against the licensee and the time and place of the hearing before the board on such charges shall be served on such licensee not less than twenty (20) days prior to the date of the hearing either personally or by mailing a copy thereof by certified mail, return receipt requested, to the address of the licensee last known to the board. ADD}
{ADD (c) If, after being served with the notice of hearing as provided for herein, the licensee fails to appear at the hearing and to defend against the charges stated, the board may proceed to hear evidence against the licensee and may enter such order as shall be justified by the evidence. Any such order shall be final unless the licensee petitions for a review thereof as provided herein; provided, however, that within thirty (30) days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the licensee to submit evidence in his, her or on its behalf. ADD}
{ADD (d) At any hearing hereunder, the licensee may: (1) appear in person or be represented by counsel; (2) produce evidence and witnesses on his, her, or its behalf; (3) cross-examine witnesses; and (4) examine such evidence as might be produced. A partnership may be represented before the board by counsel or any partner thereof. A corporation may be represented by counsel before the board or any shareholder thereof. A sole proprietorship may be represented by counsel before the board or by the sole proprietor. The licensee shall be entitled, upon written application to the board, to the issuance of subpoenas to compel the attendance of witnesses on the licensee's behalf. ADD}
{ADD (e) The board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon hearing under this chapter. In case of disobedience to a subpoena, the board may petition the superior court to require the attendance and testimony of witnesses and the production of documentary evidence. ADD}
{ADD (f) The board shall not be bound by strict rules of procedure or by laws of evidence in the conduct of its proceedings, but any determination of the board shall be based upon sufficient legal evidence to sustain such determination. ADD}
{ADD (g) A stenographic record of all hearings hereunder shall be kept and a transcript thereof filed with the board. ADD}
{ADD (h) The decision of the board shall be made by vote in accordance with this chapter and with the rules and regulations established by the board. ADD}
{ADD (i) Any appeal from the decision of the board, by a person or persons adversely affected thereby, shall be governed by section 42-35-15. ADD}
{ADD (j) On rendering a decision to: (1) revoke or suspend or refuse to renew a license issued under the laws of this state; (2) revoke or suspend or refuse to renew a certificate of authorization issued under the laws of this state: or (3) publicly censure, censure in writing, limit the scope of practice of, impose an administrative fine upon, or place on probation a licensee, the board shall examine its records to determine whether the licensee holds a license or a certificate of authorization to practice in any other state or country/jurisdiction. If the board determines that the licensee in fact holds such a license or certificate of authorization, the board shall forthwith notify the board of landscape architecture of such other state or country/jurisdiction by mail of its decision hereunder, and shall include in such notice an indication as to whether or not the licensee has appealed such decision. ADD}
{ADD (k) The board may, in its discretion, order any licensee against whom proceedings have been initiated under this chapter to, upon good cause shown, reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such proceedings, including attorneys fees. Such fees shall be paid within thirty (30) days from the date they are assessed and may be reviewed in accordance with section 42-35-15, and shall be deposited as general revenues. ADD}
{ADD (l) The attorney general or his or her deputy shall act as legal advisor to the board and shall render such legal assistance as may be necessary in carrying out the provisions of this chapter. The board may employ other counsel and obtain other necessary assistance to be appointed by the governor to aid in the enforcement of this chapter, and the compensation and expenses therefor shall be paid from the fund of the board. ADD}
SECTION 3. This act shall take effect upon passage.
