Plain Text Law

Title 09 — Subtitle 28. Board of Examiners of Landscape Architects

Chapter 01. General Regulations

Regulation .01 Definitions.Copy Citation

The definitions set forth in the Business Occupations and Professions Article, §9-101, Annotated Code of Maryland, apply in this chapter unless otherwise noted.

Regulation .02 Filing of Applications.Copy Citation

A.
An application for admittance to the examination or for registration to practice landscape architecture shall be submitted on the form provided by the Board and will be received at any time during regular business hours at the office of the Board. The application shall be filed with the Board at least 90 days before the date of the examination.
B.
The application fee shall accompany the application. Application fees are not refundable.
C.
The Board may require an applicant to submit, with the formal application, documentary evidence of experiential or educational qualifications.

Regulation .03 Examinations.Copy Citation

A.
Scope of the Examination.
(1)
The scope of the examinations will be established by the Board.
(2)
The examinations shall:
(a)
Be designed to determine the qualifications of the applicant to practice landscape architecture;
(b)
Cover such technical, professional and practical subjects as relates to the practice of the profession of landscape architecture;
(c)
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.
B.
The minimum passing grade in all subjects of the examination shall be established by the Board.
C.
An applicant receiving a passing grade on a subject included in the examination will be given credit for that subject.
D.
Applicants may take all or any parts of the original examination or the re-examination.
E.
Applicants desiring to retake certain subjects of the examination may be required to appear before the Board and furnish evidence of satisfactory study and preparation before readmittance to the examination.

Regulation .04 Qualifications for Examination.Copy Citation

To qualify for the examination, the applicant shall meet the requirements as set out in Business Occupations and Professions Article, §9-305, Annotated Code of Maryland.

Regulation .05 Embossing Seals and Rubber Stamp Facsimiles.Copy Citation

A.
For the purpose of sealing and signing all final drawings, plans, specifications, reports, and other contract documents, referred to in Business Occupations and Professions Article, §9-501, Annotated Code of Maryland, each licensed landscape architect shall obtain an individual seal to be used on documents prepared by the licensee or under the licensee's supervision. The seal shall imprint the name of the landscape architect and the license number.
B.
A rubber stamp facsimile of the seal and the live signature of the landscape architect may be applied to tracings to produce legible reproduction of the drawings or to prints made from the tracings. This provision, however, does not in any manner modify the requirements of Business Occupations and Professions Article, §9-501, Annotated Code of Maryland, in reference to use of the impression seal and signature.

Chapter 02. Code of Ethics

Regulation .01 Responsibility to the Public.Copy Citation

A licensee shall make every reasonable effort to protect the safety, health, property, and welfare of the public. If the licensee's professional judgment is overruled under circumstances where the safety, health, property, or welfare of the public is endangered, the licensee shall inform the employer or client of the possible consequences.

Regulation .02 Public Statements, Reports, and Testimony.Copy Citation

A.
A licensee may not make statements or reports or give expert testimony on landscape architectural matters connected with public policy if the remarks are inspired or paid for by an interested party, unless the remarks are preceded by:
(1)
Identification;
(2)
Disclosing the identity of the party on whose behalf the remarks are being offered; and
(3)
Revealing the existence of any pecuniary interest in the matter.
B.
A licensee may express publicly a professional opinion on a landscape architectural subject only when that opinion is founded upon adequate knowledge of the material facts and a background of technical competence in the subject matter.
C.
In any professional report, statement, or testimony, a licensee may not be untruthful, deceptive, or misleading.
D.
A licensee may not affix a professional seal other than the licensee's own seal to a professional document.

Regulation .03 Competency for Assignments Undertaken or Approved.Copy Citation

A.
A licensee may undertake to perform landscape architectural assignments only when qualified to do so by education or experience, or both. If the competence of a licensee to perform an assignment is questioned, the Board either upon request of the licensee, or by its own motion, may require the licensee to submit to a formal or informal inquiry by or on behalf of the Board.
B.
A licensee may sign or seal landscape architectural documents only if the:
(1)
Licensee is competent in the subject matter of those documents by virtue of education or experience, or both; or
(2)
Documents were prepared under the licensee's direction as principal by an individual competent in the subject matter of those documents by virtue of education or experience, or both.
C.
When using the seal, a licensee shall affix the licensee's signature immediately adjacent to the impression of the seal.

Regulation .04 Conflicts of Interest.Copy Citation

A.
A licensee shall make every effort to avoid conflicts of interest with the employer or client. Whenever conflicts of interest appear unavoidable, however, the licensee shall disclose promptly and fully all the circumstances to the employer or client.
B.
A licensee shall inform promptly an employer or client of any business association, interests, or circumstances which may influence the judgment or the quality of services rendered to the employer or client.
C.
A licensee may not accept compensation, financial or other, from more than one party for services on a project or for services pertaining to a project unless full disclosure is made by the licensee to all interested parties.
D.
A licensee may not solicit or accept financial or other valuable consideration from a material supplier or equipment supplier for specifying the supplier's projects, except when the licensee is a previously announced employee or agent of the supplier.
E.
Except for gifts of only token value, a licensee may not solicit or accept gratuities, directly or indirectly, from any contractor, architect, engineer, or other party dealing with the licensee's employer or client in connection with work for which the licensee is responsible.

Regulation .05 Improper Solicitation of Professional Employment.Copy Citation

A.
Except for gifts of only token value and the usual commissions paid to licensed employment agencies, a licensee may not compensate, give anything of value, or offer to compensate or give anything of value:
(1)
To a person or organization to recommend or secure employment as a landscape architect; or
(2)
As a reward for having made a recommendation resulting in his employment as a landscape architect.
B.
When competing for professional employment, a licensee may not falsify or permit misrepresentation of the licensee's qualifications or those of the licensee's associates.

Regulation .06 Knowledge of Improper Conduct by Others.Copy Citation

Except to the extent the rules of privilege recognized in this State apply, when questioned by a member or authorized representative of the Board concerning an alleged violation of another person or organization, a licensee may not conceal or refuse to divulge any information or make false or misleading statements about the matter.

Regulation .07 Failure to Respond.Copy Citation

A.
If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond within 30 days of the date of mailing.
B.
The Board shall send a written communication by first-class mail to the last known address furnished to the Board by an applicant or licensee.
C.
It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in the applicant’s or licensee’s address.
D.
Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §9-310(a)(1)(vi), Annotated Code of Maryland.

Chapter 03. Fees

Regulation .01 Purpose.Copy Citation

This chapter is intended to carry out the provisions of Business Regulation Article, §§2-106.1 and 2-106.2, Annotated Code of Maryland, and Business Occupations and Professions Article, Title 9, Annotated Code of Maryland. In particular, it is intended to set various fees in order to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Architects, the State Board of Certified Interior Designers, the State Board of Examiners of Landscape Architects, the State Board for Professional Engineers, and the State Board for Professional Land Surveyors.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the State Board of Examiners of Landscape Architects.
(2)
“Design boards” means collectively the:
(a)
State Board of Architects;
(b)
State Board of Certified Interior Designers;
(c)
Board;
(d)
State Board for Professional Engineers; and
(e)
State Board for Professional Land Surveyors.
(3)
“License fee” means the fee paid by an applicant or licensee, as applicable, in connection with the issuance and renewal of a license and the issuance of a reciprocal license.
(4)
“Permit fee” means the fee paid in connection with the issuance and renewal of a permit.
(5)
“Secretary” means the Secretary of Labor.

Regulation .03 Fees and Costs.Copy Citation

A.
The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:
(1)
License fee — $86;
(2)
Permit fee — $112;
(3)
Nonrefundable initial application fee payable in connection with:
(a)
An application for permit — $39;
(b)
An application for license by reciprocity — $56;
(4)
Reinstatement fee — $112.
B.
An applicant shall be approved by the Board to take any section of the licensing examination.
C.
An applicant for the licensing examination shall pay examination fees directly to the Council of Landscape Architectural Registration Boards (CLARB) as these fees are established by CLARB.

Chapter 04. Continuing Professional Competency Requirements

Regulation .01 Purpose.Copy Citation

The State legislature has determined that, in order to safeguard the health, safety, and welfare of the public, licensed landscape architects must comply with the continuing professional competency (CPC) requirements as a prerequisite for the renewal of a license.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“ASLA” means the American Society of Landscape Architects.
(2)
“ Board” means the State Board of Examiners of Landscape Architects.
(3)
“College credit hour” means the credit for a course described in Regulation .04 of this chapter, offered by a university, college, or community college.
(4)
“Continuing education standard activities” means traditional continuing education course work presented to students by an instructor in an in-person or virtual classroom format.
(5)
“Continuing education alternative activities” means work that qualifies under this chapter for continuing professional competency credits that is not traditional continuing education course work presented to students by an instructor in an in-person or virtual classroom format.
(6)
“Health, safety, and welfare (HSW) subjects” means content areas identified as such by Landscape Architecture Continuing Education System as those content areas may be updated or otherwise amended from time to time.
(7)
“LACES” means Landscape Architecture Continuing Education System.
(8)
“Professional development hour (PDH)” means a minimum of 50 minutes of face-to-face or distance learning instruction per 60-minute hour.
(9)
“Qualifying activities” means professional development activities which qualify for PDH credit by meeting the following requirements:
(a)
Meet the criteria set forth in Regulation .04 of this chapter; and
(b)
Are approved and accepted for credit by LACES or the Board.

Regulation .03 Requirements.Copy Citation

A.
A licensee shall complete, as a condition of a license renewal in each individual 2-year-renewal cycle, a minimum of 24 PDHs . The 24 PDHs shall consist of a minimum of 16 PDHs in continuing education standard activities and a maximum of 8 PDHs in continuing education alternative activities. Of the 16 PDH continuing education standard activities, 8 PDHs shall be HSW-focused.
B.
A licensee may not be eligible to earn PDHs for a professional development activity that has not been approved for credit by LACES or the Board.

Regulation .04 Qualifying Activities.Copy Citation

A.
In order for an activity to be considered a qualifying continuing education standard activity or continuing education alternative activity, the activity shall meet the following criteria:
(1)
Maintain, improve, or expand the skills and knowledge relevant to the practice of landscape architecture;
(2)
Research, analysis, assessment, conservation, preservation, and enhancement of land use;
(3)
Selection and allocation of cultural, historic, and natural resources;
(4)
Laws and regulations applicable to the practice of landscape architecture in Maryland;
(5)
Standards of practice or care applicable to the practice of landscape architecture; or
(6)
Professional ethics as applicable to the practice of landscape architecture.
B.
Qualifying continuing education standard activities include completing traditional continuing education course work that meets the requirements of §A of this regulation as well as the criteria below:
(1)
Maintain and enhance professional competency;
(2)
Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of landscape architecture;
(3)
Offer learning experiences relevant to current landscape architectural practices or those that relate to the public health, safety, and welfare;
(4)
Be presented in a systematic manner that clearly defines learning objectives; and
(5)
Be led or taught at a professional level by well-qualified professionals in a learning environment conducive to learning and appropriate for accomplishing learning objectives described in these regulations.
C.
Qualifying continuing education alternative activities include participating in one of the following, provided it meets the requirements of §A of this regulation:
(1)
Authorship of original published work, including books, articles, papers, or documents, or other media types at the discretion of the Board;
(2)
Enrollment in and completion of a related, for-credit course at a university, college, or community college;
(3)
Professional development work or professional or technical presentations made on matters related to landscape architecture at meetings, conventions, or conferences; or
(4)
Other appropriate activities that may from time to time be approved by the Board.

Regulation .05 Nonqualifying Activities.Copy Citation

Activities that do not meet the criteria set forth in Regulation .04 of this chapter shall be considered to be nonqualifying activities, including, but not limited to, the following:
A.
Regular employment as a licensed landscape architect or teacher or serving as an expert witness;
B.
Repetitive completion of the same courses or programs without substantial modifications or updates;
C.
Attending trainings or seminars related to time management techniques and strategies;
D.
Attending committee meetings or general business meetings of any organizations; and
E.
Other activities that, in the Board’s opinion, are not directly related to the practice of landscape architecture.

Regulation .06 Sources of Credit and Determination of Units.Copy Citation

A.
A licensee may earn PDHs through participation in continuing education standard activities by attending and successfully completing traditional continuing education courses that meet the requirements of Regulation .04 of this chapter.
B.
PDH credit may be claimed only once for a particular course.
C.
A licensee shall apply to the Board for approval of PDHs through participation in continuing education alternative activities in accordance with Regulation .04 of this chapter under the following conversion schedule:
(1)
Credited contribution to a print or digital publication of original work published in a periodical recognized by the Board, with a maximum of 3 PDHs applied for upon publication.
(2)
Credited contribution to an original book, with a maximum of 5 PDHs applied for upon publication.
(3)
Enrollment in and completion of a related, for-credit course at a university, college, or community college, with 1 PDH applied for upon completion of 1 college credit hour with a maximum of 3 total PDHs per for-credit course.
(4)
Teach a traditional continuing education course, as follows:
(a)
A maximum of two times the number of PDHs awarded under §A of this regulation for the taking of the course may be applied for.
(b)
A licensee may only apply for this credit for the first time the traditional course is taught.
D.
The final determination of value, sources, and number of credits is within the discretion of the Board.

Regulation .07 Approval Process.Copy Citation

A.
Entities or individuals, including, but not limited to, professional firms conducting in-house presentations, may submit a specific professional development activity for review and approval by the Board.
B.
During the application process, the Board or the Board’s designee will evaluate the suitability of the activity and the qualifications of presenter.
C.
The presenter shall submit adequate information to enable the Board or the Board’s designee to evaluate the professional development activity. At a minimum, the Board requires the following information to be submitted with each application for approval:
(1)
The types and descriptions of proposed or existing programs intended to be offered;
(2)
The number of PDHs to be awarded for each activity; and
(3)
The identity and qualifications of the instructors.
D.
The Board may require presenters to document the offered activities for audit
E.
The Board may suspend or revoke its approval of an activity if, in the judgment of the Board, the intent of Business Occupations and Professions Article, §9-309, Annotated Code of Maryland, is no longer served or a presenter materially changed the content of the activity without the prior written approval of the Board.

Regulation .08 Record Keeping.Copy Citation

A.
Responsibility to Maintain Records.
(1)
The responsibility of maintaining records to be used to support the continuing professional competency credit claim is the responsibility of each licensee.
(2)
A licensee shall maintain the records for a period of at least 4 years from the date of completion of the qualifying activity.
B.
Documentation referred to in §A(2) of this regulation, includes, but is not limited to, the following:
(1)
Certificates of participation;
(2)
Transcripts; or
(3)
Any other appropriate evidence acceptable to the Board.

Regulation .09 Reporting Requirements for License Renewal.Copy Citation

A.
A licensee shall attest to the satisfactory completion of the CPC requirements set forth in this chapter before the licensee’s license expiration date.
B.
The Board at its discretion may audit licensees to ascertain compliance with CPC requirements.
C.
Licensees who are audited shall provide within 30 days of receipt of electronic notice of audit from the Board any additional documentation required by the Board to complete the audit.

Regulation .10 Extenuating Circumstances/Exceptions.Copy Citation

A.
Exemptions. Notwithstanding other requirements set forth in this chapter, a licensee may renew a license for the next full term without complying with the CPC requirements if:
(1)
A licensee has been granted an initial license and is renewing a license for the next full term; or
(2)
A licensee qualifies under the criteria set forth in Title 2.5, Business Regulation Article, Annotated Code of Maryland.
B.
Compliance Exception Request.
(1)
If a licensee is unable to comply with all or part of CPC requirements due to physical disability, illness, or other extenuating circumstances, the licensee may request the Board or the Board’s administrative designee to grant a one-time exception from compliance, provided that the request is filed with the Board or the Board’s administrative designee prior to the licensee’s license expiration date.
(2)
If the request is based on physical disability or illness, the licensee must provide the Board or the Board’s administrative designee with a written documentation acceptable to the Board supporting the basis for the request.
(3)
The request must be accompanied by a detailed proposal acceptable to the Board indicating a licensee’s intended plan of compliance with the CPC requirements within no later than 6 months after the license expiration date. Failure to provide the acceptable plan of compliance within the time period specified in this regulation may result in the Board’s administrative dismissal of the request.

Regulation .11 Failure to Meet the CPC Requirements.Copy Citation

In the event a licensee fails to comply with the CPC requirements set forth in this chapter, the Board, subject to the hearing provisions of Business Occupations and Professions Article, §9–312, Annotated Code of Maryland, may take any and all available disciplinary actions under Business Occupations and Professions Article, §9–310, Annotated Code of Maryland.

Regulation .12 Reinstatement of License.Copy Citation

A licensee who wishes to reinstate a license shall fulfill past due CPC requirements for the immediately preceding CPC reporting periods up to 48 PDHs and pay all applicable fees.

Regulation .13 CPC Units Earned in Other States.Copy Citation

The Board will accept CPC units earned for activities completed in other jurisdictions, provided that:
A.
The activity has been approved by a licensing board in another jurisdiction; and
B.
The licensee otherwise fulfills all other applicable license renewal requirements in the State of Maryland.