NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES*

NH BOARD OF ARCHITECTS
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Arch 100-200 Effective 8/27/03 - Does not expire
Arch 300-500 Effective 8/4/15

 


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CHAPTER ARCH 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION     

            Part Arch 101 PURPOSE AND SCOPE

·       Section Arch 101.01    Purpose and Scope

            Part Arch 102 DEFINITIONS

·       Section Arch 102.01    Terms Used

            Part Arch 103 BOARD ORGANIZATION

·       Section Arch 103.01    Duties and Responsibilities

·       Section Arch 103.02    Composition of the Board

·       Section Arch 103.03    The Chairperson and Vice-Chairperson

·       Section Arch 103.04    Staff

·       Section Arch 103.05    Organization

·       Section Arch 103.06    Seal

·       Section Arch 103.07    Office Hours, Office Location, Mailing Address And Telephone

            Part Arch 104 PUBLIC INFORMATION

·       Section Arch 104.01    Record of Board Actions

·       Section Arch 104.02    Custodian of Records

·       Section Arch 104.03    Roster Distribution

          Part Arch 105 MEETINGS, DELIBERATIONS AND DECISIONS

§  Section Arch 105.01    Meetings

§  Section Arch 105.02    Quorums

§  Section Arch 105.03    Board Meeting Procedures

§  Section Arch 105.04    Procedures

§  Section Arch 105.05    Tentative Decisions

            Part Arch 106 APPOINTMENT OF COMMITTEES

·       Section Arch 106.01    Committees

 CHAPTER ARCH 200 PRACTICE AND PROCEDURE      

            Part Arch 201 PURPOSE AND SCOPE

·       Section Arch 201.01    Purpose and Scope                 

            Part Arch 202 DEFINITIONS

·       Section Arch 202.01    Purpose and Scope

            Part Arch 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

·       Section Arch 203.01    Presiding Officer; Appointment; Authority

·       Section Arch 203.02    Withdrawal of Presiding Officer

·       Section Arch 203.03    Waiver or Suspension of Rules by Presiding Officer 

Part Arch 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

·       Section Arch 204.01    Date of Issuance or Filing

·       Section Arch 204.02    Format of Documents

·       Section Arch 204.03    Delivery of Documents        

            Part Arch 205 TIME PERIODS

·       Section Arch 205.01    Computation of Time

            Part Arch 206 MOTIONS AND PLEADINGS

·       Section Arch 206.01    Motions; Objections

·       Section Arch 206.02    Pleadings                

            Part Arch 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

·       Section Arch 207.01    Commencement of Hearing

·       Section Arch 207.02    Docket Numbers

·       Section Arch 207.03    Notice of Hearing

·       Section Arch 207.04    Appearances and Representation

·       Section Arch 207.05    Prehearing Conference         

            Part Arch 208 ROLES OF BOARD STAFF AND COMPLAINANTS

·       Section Arch 208.01    Role of Board Staff in Enforcement or Disciplinary Hearings

·       Section Arch 208.02    Role of Complainants in Enforcement or Disciplinary Hearings

            Part Arch 209 INTERVENTION

·       Section Arch 209.01    Intervention

            Part Arch 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

·       Section Arch 210.01    Postponements

·       Section Arch 210.02    Failure to Attend Hearing

            Part Arch 211 REQUESTS FOR INFORMATION OR DOCUMENTS

·       Section Arch 211.01    Voluntary Production of Information

·       Section Arch 211.02    Motions to Compel Production of Information

·       Section Arch 211.03    Mandatory Pre-Hearing Disclosure of Witnesses  and Exhibits       

            Part Arch 212 RECORD, PROOF, EVIDENCE AND DECISIONS

·       Section Arch 212.01    Record of the Hearing

·       Section Arch 212.02    Standard and Burden of Proof

·       Section Arch 212.03    Testimony; Order of Proceeding

·       Section Arch 212.04    Evidence

·       Section Arch 212.05    Proposed Findings of Fact and Conclusions of Law

·       Section Arch 212.06    Closing the Record

·       Section Arch 212.07    Reopening the Record

·       Section Arch 212.08    Decisions            

            Part Arch 213 MOTION FOR REHEARING

·       Section Arch 213.01    Purpose

·       Section Arch 213.02    Applicability

·       Section Arch 213.03    Filing and Content of Motion

·       Section Arch 213.04    Standard for Granting Motion for Rehearing

·       Section Arch 213.05    Decision on Motion for Rehearing

            Part Arch 214 RULEMAKING PUBLIC COMMENT HEARINGS

·       Section Arch 214.01    Purpose

·       Section Arch 214.02    Scope

·       Section Arch 214.03    Notice

·       Section Arch 214.04    Media Access

·       Section Arch 214.05    Moderator

·       Section Arch 214.06    Public Participation

            Part Arch 215 PETITION FOR RULEMAKING

·       Section Arch 215.01    Petition for Rulemaking

·       Section Arch 215.02    Disposition of Petition                    

            Part Arch 216 DECLARATORY RULINGS

·       Section Arch 216.01    Petitions

·       Section Arch 216.02    Action on Petitions

            Part Arch 217 EXPLANATION AFTER ADOPTION

                        Section Arch 217.01      Explanation after Adoption                            

CHAPTER ARCH 300 LICENSURE REQUIREMENTS

            Part Arch 301 APPLICATION REQUIREMENTS

·       Section Arch 301.01    Application Process

·       Section Arch 301.02    Application for Licensure

·       Section Arch 301.03    References Required

·       Section Arch 301.04    Information from References                    

            Part Arch 302 QUALIFICATIONS

·       Section Arch 302.01    Candidate Requirements

·       Section Arch 302.02    Education and Training Standards    

            Part Arch 303 EXAMINATIONS                  

·       Section Arch 303.01    Examinations            

            Part Arch 304 RECIPROCITY

·       Section Arch 304.01    Reciprocity   

            Part Arch 305 APPLICATIONS/EXAMINATION/LICENSURE FEES

·       Section Arch 305.01    Application, Examination and Licensure Fees

·       Section Arch 305.02    Application/Licensure Fees

·       Section Arch 305.03    Replacement Fee

            Part Arch 306 CREDENTIALS

·       Section Arch 306.01    License

·       Section Arch 306.02    Pocket Cards

·       Section Arch 306.03    Licensed Architect Seal/Stamp     

Part Arch 307 ARCHITECT CERTIFICATES FOR BUSINESS ORGANIZATIONS

·       Section Arch 307.01    Business Organization Certificate Requirements

Part Arch 308 FACILITATED LICENSING FOR MILITARY SPOUSES

·       Section Arch 308.01    Licensing for Active Duty Military Spouses

CHAPTER ARCH 400 CONTINUED STATUS

            Part Arch 401 RENEWAL OF LICENSE

·       Section Arch 401.01   Expirations and Renewals

·       Section Arch 401.02   Renewal of License

·       Section Arch 401.03   Renewal Application

·       Section Arch 401.04   Denial of Renewal

·       Section Arch 401.05   Reinstatement

·       Section Arch 401.06   Active Duty Military Inactive Status

·       Section Arch 401.07   Certificate of Authorization Renewal

·       Section Arch 401.08   Denial of Reinstatement

            Part Arch 402 DISCIPLINARY MATTERS

·       Section Arch 402.01    Initiation of Disciplinary Action   

·       Section Arch 402.02    Disciplinary Sanctions

·       Section Arch 402.03    Civil Penalties

·       Section Arch 402.04    Procedures for Assessing and Collecting Fines

Part Arch 403 CONTINUING EDUCATION

·       Section Arch 403.01   Renewal Requirements

·       Section Arch 403.02   Continuing Education Unit Requirements

·       Section Arch 403.03   Continuing Education Units

·       Section Arch 403.04   Record Keeping

·       Section Arch 403.05   Exemption

·       Section Arch 403.06   Waiver of Professional Development Units Deadline        

·       Section Arch 403.07   Noncompliance

CHAPTER ARCH 500 ETHICAL STANDARDS AND LICENSE SURRENDER

            Part Arch 501 ETHICAL STANDARDS

·       Section Arch 501.01    Purpose and Scope

·       Section Arch 501.02    Obligation to Obey

·       Section Arch 501.03    Ethical Requirements For Architects 

            Part Arch 502 VOLUNTARY LICENSE SURRENDER

·       Section Arch 502.01    Procedure for Surrendering a License

·       Section Arch 502.02    Effect of Voluntary License Surrender

·       Section Arch 502.03    Voluntary Surrender When Misconduct Allegations are Pending

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CHAPTER Arch 100  DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

 PART Arch 101  PURPOSE AND SCOPE

 

            Arch 101.01  Purpose and Scope.  The rules of this title implement the statutory responsibilities of the New Hampshire board of licensure for architects created by RSA 310-A:29.  These provisions regulate but are not limited to the licensing of architects and the practice of architecture in the state of New Hampshire.

 

PART Arch 102  DEFINITIONS

 

            Arch 102.01  Terms Used.  As used in these rules, the following terms shall have the meanings indicated:

 

            (a)  "Architect" means, "architect" as defined in RSA 310-A:28, I namely "a person who, by reason of having acquired  through professional education and practical experience an advanced training in building construction and architectural design and an extensive knowledge of building standards created to safeguard the public from hazards such as fire, panic, structural failure, and unsanitary conditions, is technically and legally qualified to practice architecture and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of architecture."

 

            (b)  "Architecture" means "architecture" as defined in RSA 310-A:28, II namely "any professional service or creative work requiring the application of advanced knowledge of architectural design, building construction and standards, and involving the constant exercise of discretion and judgment in such activities as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection with any public or private buildings, wherein the safeguarding of life, health or property is concerned."

 

          (c)  "Board" means the New Hampshire board of licensure for architects created by RSA 310-A:29.

 

          (d)  "Executive director" means the board’s staff director, a person with delegated authority to perform administrative and clerical functions for the board.

 

          (e)  “Architect retired” means a person who has been licensed as an architect by the board and who chooses to relinquish or not to renew a license and who applies for the honorary status of architect, retired.

 

 

PART Arch 103  BOARD ORGANIZATION

 

          Arch 103.01  Duties and Responsibilities.  The board shall administer the provisions of RSA 310-A:28-52 which include but are not limited to safeguarding  property, to promoting public welfare and maintaining a high standard of integrity, skills and practice in the profession of architecture in this state.

          Arch 103.02  Composition of the Board.  Pursuant to RSA 310-A:29, I the board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:29, I, II or both.

            Arch 103.03     The Chairperson and Vice Chairperson.  The chairperson shall preside
at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

          Arch 103.04  Staff.  The board shall designate an executive director and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board’s day-to-day operations.

          Arch 103.05  Organization.  In October of even years, the board shall meet and organize and, by election from among its members, select a chairperson, vice-chairperson and secretary.

          Arch 103.06  Seal.  The seal of the board shall be an embossed circular seal 2 1/2" in diameter.  The center of the seal shall have a triangle and tee square superimposed upon an outline map of the State of New Hampshire, flanked by 2 branches of leaves.  Outside of this center design shall be a single lined circle.  Between this line and the outer rope border shall be the words: "Board of Licensure for Architects - New Hampshire."

          Arch 103.07  Office Hours, Office Location, Mailing Address and Telephone.

          (a)  The board’s office shall be located at the New Hampshire Joint Board, 121 South Fruit Street, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

          (b)  Correspondence shall be addressed to the board’s executive director at:

New Hampshire Joint Board

121 South Fruit Street

Concord, N.H. 03301

          (c)  The board’s telephone number shall be (603)-271-2219.

PART Arch 104  PUBLIC INFORMATION

          Arch 104.01  Record of Board Actions.  Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within 144 hours from the close the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

          Arch 104.02  Custodian of Records.  Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board for the documents provided.  If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

          Arch 104.03  Roster Distribution.  Copies of a roster containing names, addresses, and assigned numbers of licensed architects shall be furnished upon request.  The fee shall be $20.00.

PART Arch 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

          Arch 105.01  Meetings.  Regular meetings shall be held at least 3 times each year.  Special meetings shall be called by order of the chairperson or secretary.  Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting. Notice of meetings shall be posted at the board office and the state house.

          Arch 105.02  Quorum.  A quorum of the board shall consist of not less than 3 members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law.  In the absence of the chair, vice chair, or secretary, a quorum of the board shall designate a pro tempore officer for the officer or officers absent.

          Arch 105.03  Board Meeting Procedures.  The board shall conduct its meetings in the following order:

          (a)  Call to order;

          (b)  Interviews/meetings;

          (c)  Reading of the minutes;

          (d)  Reading of communications;

          (e)  Reading and consideration of applications;

          (f)  Unfinished business;

          (g)  New business; and

          (h)  Adjournment.

          Arch 105.04  Procedures.  Roberts Rules of Order, 9th edition dated 1990 shall govern the procedures of the board.

          Arch 105.05  Tentative Decisions.

          (a)  When necessary to conduct the board’s business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative decisions.

          (b)  Tentative decisions shall not be final actions, and shall not be binding upon the board. Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document, which satisfactorily sets forth the final result the board intends to reach.  The board’s final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing or servicing the document in question.

PART Arch 106  APPOINTMENT OF COMMITTEES

          Arch 106.01  Committees.

          (a)  A committee shall consist of one or more of board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

          (b)  When expressly authorized by the board, the authority of a committee shall include:

(1)  The retention of voluntary assistance from qualified non-board members; and

(2)  The retention of paid advisors or consultants pursuant to RSA 332:G-3.


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CHAPTER Arch 200  PRACTICE AND PROCEDURE

PART Arch 201  PURPOSE AND SCOPE

          Arch 201.01  Purpose and Scope.  The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees and others in the practice of architecture.  These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

PART Arch 202  DEFINITIONS

          Arch 202.01  Purpose and Scope.

          (a)  “Appearance” means a written notification to the board that a party or a party’s representative intends to actively participate in a hearing.

          (b)  “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

          (c)  “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

          (d)  “Natural person” means a human being.

          (e)  “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”  The term “party” includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:33, III.

          (f)  “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a board.”

          (g)  “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the board.”

          (h)  “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

PART Arch 203  PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

          Arch 203.01  Presiding Officer; Appointment; Authority.

          (a)  All hearings shall be conducted for the board by a natural person appointed or authorized to serve as a presiding officer.

          (b)  A presiding officer shall as necessary:

(1)  Regulate and control the course of a hearing;

(2)  Facilitate an informal resolution acceptable to all parties;

(3)  Administer oaths and affirmations;

(4)  Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

(5)  Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

(6)  Question any witness to develop a complete record;

(7)  Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(8)  Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

          Arch 203.02  Withdrawal of Presiding Officer.

          (a)  Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause withdraw from any hearing.

          (b)  Good cause shall exist if a presiding officer or board official:

(1)  Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;  

(2)  Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case;

(3)  Personally believes that he or she cannot fairly judge the facts of a case; or

          (c)  Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

          Arch 203.03  Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

PART Arch 204  FILING, FORMAT AND DELIVERY OF DOCUMENTS

          Arch 204.01  Date of Issuance or Filing.  All documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

          Arch 204.02  Format of Documents.

          (a)  All correspondence, pleadings, motions or other documents filed under these rules shall:

(1)  Include the title and docket number of the proceeding, if known;

(2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

(3)  Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(4)  Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Arch 204.03.

          (b)  A party or representative's signature on a document filed with the board shall constitute certification that:

(1)  The signer has read the document;

(2)  The signer is authorized to file it;

(3)  To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

(4)  The document has not been filed for purposes of delay.

          Arch 204.03  Delivery of Documents.

          (a)  Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

          (b)  All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties to the proceeding.

          (c)  Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party or if represented to the party’s representative.

          (d)  When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

PART Arch 205  TIME PERIODS

          Arch 205.01  Computation of Time.

          (a)  Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

          (b)  Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

          (c)  If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

PART Arch 206  MOTIONS AND PLEADINGS

          Arch 206.01  Motions; Objections.

          (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

          (b)  Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing.  If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall order the moving party to submit the motion in writing, with supporting information within 5 days of the order.  Objections to such motions shall be filed within 5 days of the filing of the motion.

          (c)  Objections to written motions shall be filed within 30 days of the date of the motion.

          (d)  Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

          (e)  The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

          Arch 206.02  Pleadings.

          (a)  The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions.  Applications shall not be considered pleadings.

          (b)  All petitions shall contain:

(1)  The name and address of the petitioner;

(2)  The name and address of the petitioner's representative, if any;

(3)  A concise statement of the facts that caused the petitioner to request the board to act;

(4)  The action that the petitioner wishes the board to take; and

(5)  The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

          (c)  Board replies to petitions shall contain:

(1)  The name and address of the petitioner;

(2)  The name and address of the representative of the petitioner, if any;

(3)  A statement addressing each fact alleged in the petition;

(4)  A statement addressing the authority identified by the petitioner;

(5)  A concise response to each statement;

(6)  The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(7)  The action the board took.

(d)  Replies shall be filed within 90 days from the date of the petition.

 

PART Arch 207  NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

          Arch 207.01  Commencement of Hearing.  A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Arch 207.03.

          Arch 207.02  Docket Numbers.  A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

          Arch 207.03  Notice of Hearing.

          (a)  A notice of a hearing issued by the board at least 30 days prior to the hearing and shall contain the information required by RSA 541-A:31, III, namely:

(1)  A statement of the time, place and nature of any hearing;

(2)  A statement of the legal authority under which a hearing is to be held;

(3)  A reference to the particular statutes and rules involved including this chapter;

(4)  A short and plain statement of the issues presented;

(5)  A statement that each party has the right to have an attorney represent them at their own expense; and

(6)  A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing. 

          Arch 207.04  Appearances and Representation.

          (a)  A party or the party’s representative shall file an appearance that includes the following information:

(1)  A brief identification of the matter;

(2)  A statement as to whether or not the representative is an attorney; and

(3)  The party or representative's daytime address and telephone number.

          Arch 207.05  Prehearing Conference.  Any party may request, or the presiding officer shall schedule on his or her own initiative, a pre-hearing conference in accordance with RSA 541-A:31, V to consider:

          (a)  Offers of settlement;

          (b)  Simplification of the issues;

          (c)  Stipulations or admissions as to issues of fact or proof by consent of the parties;

          (d)  Limitations on the number of witnesses;

          (e)  Changes to standard procedures desired during the hearing by consent of the parties;

          (f)  Consolidation of examination of witnesses; and

          (g)  Any other matters which aid in the disposition of the proceeding.

PART Arch 208  ROLES OF BOARD STAFF AND COMPLAINANTS

          Arch 208.01  Role of Board Staff in Enforcement or Disciplinary Hearings.  Unless called as witnesses, board staff as defined in Arch 103.04 shall have no role in any enforcement or disciplinary hearing.

          Arch 208.02  Role of Complainants in Enforcement or Disciplinary Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing.

PART Arch 209  INTERVENTION

          Arch 209.01  Intervention.

          (a)  A non-party may intervene in a matter pending before the board under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

          (b)  If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

          (c)  Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

          (d)  Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

(1)  The petitioner's interest in the subject matter of the hearing;

(2)  Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

(3)  Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4)  Any other reasons why the petitioner should be permitted to intervene.

          (e)  A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

(f)  Once granted leave to intervene, an intervenor shall take the proceeding as he or she find it and no portion of the proceeding shall be repeated because of the fact of intervention.

 

PART Arch 210  POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

 

          Arch 210.01  Postponements.

          (a)  Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

          (b)  If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.  Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

          (c)  If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record.  If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

          Arch 210.02  Failure to Attend Hearing.  If any party to whom notice has been given in accordance with Arch 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default and either:

          (a)  Dismiss the case, if the party with the burden of proof fails to appear; or

          (b)  Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

PART Arch 211  REQUESTS FOR INFORMATION OR DOCUMENTS

          Arch 211.01  Voluntary Production of Information.

          (a)  Each party shall attempt in good faith to completely and timely respond to requests for the voluntary production of information or documents relevant to the hearing.

          (b)  When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Arch 211.02.

          Arch 211.02  Motions to Compel Production of Information.

          (a)  Any party may make a motion requesting that the presiding officer order the parties to comply with information requests.  The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing.

          (b)  The moving party’s motion shall:

(1)  Set forth in detail those factors which it believes justify its request for information; and

(2)  List with specificity the information it is seeking to discover.

          (c)  When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

          Arch 211.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

PART Arch 212  RECORD, PROOF, EVIDENCE AND DECISIONS

          Arch 212.01  Record of the Hearing.

          (a)  The board shall record the hearing by tape recording or other method that will provide a verbatim record except for a proceeding on emergency action shall be governed by RSA 541-A:30, III.

          (b)  If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

          (c)  At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the board at the requesting party’s expense.  A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

          Arch 212.02  Standard and Burden of Proof.  The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

          Arch 212.03  Testimony; Order of Proceeding.

          (a)  Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding.  If the person is representing another person, the person being represented shall also be identified.

          (b)  Testimony shall be offered in the following order:

(1)  The party or parties bearing the burden of proof and such witnesses as the party may call; and

(2)  The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

          Arch 212.04  Evidence.

          (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

          (b)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

          (c)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

          (d)  Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

          Arch 212.05  Proposed Findings of Fact and Conclusions of Law.

          (a)  Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

          (b)  Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

          (c)  In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

          Arch 212.06  Closing the Record.

          (a)  After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraphs (b) of this section and Arch 212.08.

          (b)  Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing.  If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence and for cross examination on such evidence.

          Arch 212.07  Reopening the Record.  At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

          Arch 212.08  Decisions.

          (a)  A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

          (b)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

          (c)  If a proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.

          (d)  A proposal for decision shall become a final decision upon its approval by the board.

          (e)  A board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

PART Arch 213  MOTION FOR REHEARING

 

          Arch 213.01  Purpose.  The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the board prior to appealing the decision.

          Arch 213.02  Applicability.  The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

          Arch 213.03  Filing and Content of Motion.

          (a)  A motion for rehearing shall be filed within 30 days of the date of the board decision or order.

          (b)  A motion for rehearing shall:

(1)  Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2)  Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary unreasonable or capricious;

(3)  State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4)  Include any argument or memorandum of law the moving party wishes to file.

          Arch 213.04  Standard for Granting Motion for Rehearing.  A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.

          Arch 213.05  Decision on Motion for Rehearing.  The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

 

PART Arch 214  RULEMAKING PUBLIC COMMENT HEARINGS

 

          Arch 214.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking.

          Arch 214.02  Scope.

          (a)  These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.

         (b)  If any requirement set by these rules conflicts with an applicable statute such other authority shall control.

          Arch 214.03  Notice.

          (a)  A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

          (b)  Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

          (c)  Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part.

          Arch 214.04  Media Access.

          (a)  Public comment hearings shall be open to the print and electronic media.

          (b)  The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1)  Limiting the number of media representatives when their presence is disproportionate to the number of citizens present and shall cause citizens to be excluded;

(2)  Limiting the placement of television cameras to certain locations in the hearing room; and

(3)  Prohibiting interviews from being conducted within the hearing room during the hearing.

          Arch 214.05  Moderator.

          (a)  The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

          (b)  The moderator shall:

(1)  Call the hearing to order;

(2)  Cause a recording of the hearing to be made;

(3)  Place limits on the media to avoid disruption as set out in Arch 214.04(b);

(4)  Recognize those who wish to be heard and establish the order thereof;

(5)  Limit the time for each speaker, as set out in Arch 214.06(b);

(6)  Remove or have removed any person who disrupts the hearing;

(7)  Adjourn the hearing; and

(8)  Provide opportunity for the submission of written comments.

          Arch 214.06  Public Participation.

          (a)  Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking.  All whose names appear on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing.  Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility.

          (b)  The board, through the moderator, shall:

(1)  Refuse to recognize a person who refuses to give his or her full name and address;

(2)  When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization;

(3)  Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4)  Revoke recognition of a speaker who refuses to keep his comments relevant to the issue or issues which are the subject of the hearing.

          (c)  Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

          (d)  In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to afford such persons the opportunity to be heard.  Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Arch 215  PETITION FOR RULEMAKING

 

          Arch 215.01  Petition for Rulemaking.

          (a)  Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

(1)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

(2)  An identification of the particular rule sought to be amended or repealed;

(3)  Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding; and

(4)  Name, address, signature of petitioner and date.

          Arch 215.02  Disposition of Petition.

          (a)  The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4.  The board shall request additional data or argument from the petitioner or other interested persons to clarify the merits of the petition.

          (b)  The board shall grant the petition if the petition is consistent with statute and case law and will assist the board with the regulation of the profession.

PART Arch 216  DECLARATORY RULINGS

          Arch 216.01  Petitions.

          (a)  Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Arch 206.02(b).

          (b)  A petition for declaratory ruling shall set forth the following information:

(1)  The exact ruling being requested; and

(2)  The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law.

          Arch 216.02  Action on Petitions.

          (a)  The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

          (b)  Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Arch 206.02(d).

PART Arch 217  EXPLANATION AFTER ADOPTION

          Arch 217.01  Explanation After Adoption.

          (a)  Any person may request an explanation regarding adoption of the rules pursuant to RSA 310-A:11, VII by submitting a request to the board.

          (b)  The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration. 

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CHAPTER Arch 300  LICENSURE REQUIREMENTS

 

PART Arch 301  APPLICATION REQUIREMENTS

 

          Arch 301.01  Application Process.

 

          (a)  Each person wishing to become licensed as an architect shall submit an application for licensure form which contains the information specified in Arch 301.02, and the application fee specified in Arch 305.01.

 

          (b)  An application for licensure, which is not signed by the applicant, or is not accompanied by cash or a valid check for the application fee, or both shall not be accepted and shall be returned to the applicant.

 

          (c)  A person whose qualifications for licensure do not meet the requirements specified in RSA 310-A:38 shall be denied a license.

 

          (d)  If the application for licensure is denied, the applicant shall be provided an opportunity to request a hearing on the deficiency issues identified by the board in the same manner as for motions for rehearing pursuant to Arch 213. Any such request shall be made in writing and submitted to the board within 30 days of the receipt of the notification of denial.

 

          (e)  Applications for licensure that do not have a National Council of Architectural Registration Board (NCARB) record or about which there has been no communication by the applicant to the board for one year shall be destroyed.

 

          Arch 301.02  Application for Licensure.

 

          (a)  Each applicant for licensure shall provide, or cause to be provided, the following on an application for licensure form:

 

(1)  The applicant’s name, including any names previously used;

 

(2)  The applicant’s residence and business name and addresses, telephone numbers and e-mail address;

 

(3)  The applicant’s date, place of birth and citizenship;

 

(4)  The applicant’s dates of employment, character of employment, title, and present address of all employers;

 

(5)  Position title and description of duties for each position including types of work performed and degree of responsibility;

 

(6)  Name and present address of someone familiar with each position listed in (5) above;

 

(7)  The applicant’s educational history including:

 

a.  The names of all high school and post-secondary institutions attended;

 

b.  The dates of attendance, major and degrees awarded; and

 

c.  Certified copies of transcripts from all post-secondary institutions attended;

 

(8)  A listing of every state or jurisdiction in which the applicant holds or has ever held registration or licensure as an architect;

 

(9)  Whether the applicant still holds the registration or license listed in (8) above and if not, the reasons why;

 

(10)  Whether the applicant has ever lost or been denied registration or licensure as an architect or been disciplined or sanctioned by another licensing board in any other state or jurisdiction if so, an explanation of the circumstances;

 

(11)  Whether the applicant has ever taken the Architectural Registration Examination (ARE), and if so, the location, and date completed;

 

(12)  Whether the registrations or licenses listed in (8) above as an architect were issued by examination;

 

(13)  Whether the applicant has ever been convicted of any felony or any misdemeanor, or a violation involving architecture or the practice of architecture and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

 

(14)  The names, complete addresses, occupation and business relationship with the applicant of 5 references as specified in Arch 301.03;

 

(15)  A list of current memberships in professional or scientific societies which shall include:

 

a.  Name of organization;

 

b.  Location;

 

c.  Grades and dates of memberships; and

 

d.  Any additional public or community service information
 the applicant wishes to provide; and

      (16)  The applicant’s social security number required pursuant to RSA 161- B:11, VI-a;

 

 (17)  Whether the applicant has ever held a NCARB record, and if so, whether the candidate has requested the NCARB record be transmitted to the board office;

(18)  Whether the applicant has completed the Intern Development Program (IDP), and if so, the date completed, IDP number if applicable and whether the candidate has requested the IDP record be transmitted to the board office;

(19) Whether the applicant has ever applied for an architect’s license in New Hampshire and, if so, the status;

(20)  Whether the applicant is applying for facilitated licensure as a military spouse;

(21)  An affidavit acknowledging that the applicant has provided correct and true statements in the application;

(22)  Each applicant for licensure who is a graduate of a non United States or Canadian institution shall have his/her transcripts sent directly from the institution to NCARB or a similar translation and authentication service  which specializes in evaluating educational credentials for translation and authentication. The applicant shall request translation and authentication be sent from the translation and authentication organization directly to the board office for evaluation by the board; and

 

(23)  The applicant’s signature and date.

 

          (b)  Applicants shall pay the application fee specified in Arch 305.01.

 

          Arch 301.03  References Required.  Each applicant for licensure shall provide the board with the names and addresses of not fewer than 5 individuals, not related to the applicant, as references. At least 3 shall be licensed architects having detailed knowledge of the applicant's architecture experience.  The board shall contact any individuals, companies, or institutions whose names appear in any part of the completed application, if information submitted is unclear.

 

          Arch 301.04  Information from References.

 

          (a)  The person providing the reference shall be requested to provide the following on the reference form:

 

(1)  The applicant’s name;

 

(2)  The reference’s full name;

 

(3)  The reference’s business or profession;

 

(4)  Whether the reference is a licensed architect and if so in what State;

 

(5)  How long the reference has known the applicant;

 

(6)  Whether the reference is related to the applicant;

 

(7)  The reference’s business connection with the applicant;

 

(8)  Whether the reference knows anything that reflects adversely on the integrity or good general character of the applicant;

 

(9)  A brief estimate of the applicant as an architect;

 

(10) Whether the reference would employ the applicant in a position of trust;

 

(11) Whether the applicant is connected with a firm, the name and address of the firm and the position that the applicant fills;

 

(12) Whether the applicant is qualified to be placed in responsible charge of design or supervision of work with full authority to change designs and specifications;

 

(13) Whether the applicant is in individual practice and the nature of such practice;

 

(14) Whether the reference recommends the applicant for licensure as an architect;

 

                  (15) Remarks concerning the applicant; and

 

(16)  Signature of reference and date.

 

          (b)  No reference form shall be accepted except submissions made directly to the board by the person completing the form.

 

PART Arch 302  QUALIFICATIONS

 

          Arch 302.01  Candidate Requirements.

 

          (a)  Candidates for the architectural registration exam (ARE) who have not completed the National Council of Architectural Registration Boards NCARB Intern Development Program (IDP) shall have a National Architectural Accrediting Board or Canadian Architectural Certification Board accredited professional degree in architecture and shall meet the requirements established by RSA 310-A:38 I (a) and (b),  before they can sit for the exam.

 

          (b)  Qualifications for licensure shall be determined as follows:

 

(1)  Candidates possessing National Architectural Accrediting Board or Canadian Architectural Certification Board accredited professional degree in architecture shall have at least 3 years architectural experience in accordance with the NCARB Certification Guidelines July 2014 edition as specified in Appendix B;

 

(2)  Candidates possessing a 4 year pre-professional degree in architecture shall have at least 7 years’ architectural experience in accordance with the NCARB Certification Guidelines July 2014 edition as specified in Appendix B; and

 

(3)  Candidates possessing no degree shall have at least 13 years’ architectural experience in accordance with the NCARB Certification Guidelines July 2014 edition as specified in Appendix B;

 

(4)  The candidate shall take the ARE prepared by NCARB and achieve a passing score.

 

          Arch 302.02  Education and Training Standards.  The board shall evaluate the candidates using the NCARB Certification Guidelines 2014 edition as specified in Appendix B and NCARB Education Guidelines July 2014 edition as specified in Appendix B.  All candidates for licensure shall have completed the training requirements of the Intern Development Program (IDP) through NCARB or have met the minimum requirements for NCARB certification pursuant to the NCARB Certification Guidelines July 2014 edition as specified in Appendix B.

 

PART Arch 303  EXAMINATIONS

 

     Arch 303.01  Examinations.

 

          (a)  All candidates for licensure shall have successfully passed the National Council of Examiners architectural registration examination.

 

          (b)  The National Council of Examiners architectural registration examination may be taken at NCARB regional test centers on dates set by NCARB at any of its test centers in the USA and Canada.

          (c)  The 7 divisions of the examination may be taken in any sequence and at any available time at the test center.

 

          (d)  The examination shall be in the following areas:

 

(1)  Program planning and practice which includes site zoning;

 

(2)  Site planning and design which includes;

 

a.  Site grading; and

 

b.  Site design;

 

(3)  Building design and construction systems which includes;

 

a.  Accessibility ramp;

 

b.  Roof plan; and

 

c.  Stair design;

 

(4)  Schematic design which includes;

 

a.  Building layout; and

 

b.  Interior layout;

 

(5)  Structural systems which includes structural layout;

 

(6)  Building systems which includes mechanical and electrical plan; and

 

(7)  Construction documents and services which includes building section.

 

PART Arch 304  RECIPROCITY

 

          Arch 304.01  Reciprocity.

 

          (a)  Candidates for licensure who are licensed or registered in another state, provided that the other state’s licensure or registration requirements are consistent with Arch 302.01 and the NCARB Certification Guidelines July 2014 edition as specified in Appendix B and NCARB Education Guidelines July 2014 edition as specified in Appendix B or shall apply to the board for licensure on an application for licensure form as specified in Arch 301.02 and pay the fee set forth in Arch 305.02.

 

          (b)  Verification of licensure and examination shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state for approval.

 

PART Arch 305  APPLICATION/EXAMINATION/LICENSURE FEES 

 

          Arch 305.01  Application, Examination and Licensure Fees

 

          (a)  Application and licensure fees shall be in the form of cash, money order, bank draft, credit card or check made payable to Treasurer, State of New Hampshire.

 

          (b)  The examination fees shall be paid by the applicant directly to the test administrator.

 

          Arch 305.02  Application/Licensure Fees.  The application, examination, licensure and related fees shall be as follows:

 

          (a)  The application fee for licensure by examination shall be $150.00;

 

          (b)  The application fee for licensure through NCARB council record shall be $250.00;

 

          (c)  The application fee for licensure for candidates who do not have an NCARB council record shall be $325.00;

 

          (d)  The certificate of licensure fee shall be $50.00;

 

          (e)  The fee for verification of licensure or certification shall be $25.00; and

 

          (f)  The biennial renewal fee shall be $150.00.

 

          (g)  The reinstatement fee after 12 months shall be the renewal fee plus 20 percent per month late fee totaling $510.00;

 

          (h)  The application fee for certificate of authorization for architect business organizations shall be $80.00 per year;

 

          (i)  The late fee for certificate of authorization for architect business organizations shall be $16.00 per month for each month or fraction of a month the renewal is late; and

 

          (j)  The biennial fee for retired status shall be $30.00.

 

          Arch 305.03  Replacement Fee.  The fee for replacement of a lost or mutilated certificate of licensure shall be $30.00.

 

PART Arch 306  CREDENTIALS

 

          Arch 306.01  License.  An applicant for licensure as an architect, who has met all the requirements of RSA 310-A and these rules and who has paid all of the fees, shall be issued a license by the board.  The licensee shall be issued a license authorizing the practice of architecture that shall show the name of the licensee, shall have a serial number, and shall be sealed and signed by the members of the board.

 

 

          Arch 306.02  Pocket Cards.  The board shall issue a pocket card upon receipt of the biennial renewal form and fee.  The card shall certify that the architect holds a license in good standing and is authorized to practice architecture to the date of expiration as shown on the card.

 

 

          Arch 306.03  Licensed Architect Seal/Stamp.

 

          (a)  Upon issuance of an initial license to an applicant as a licensed architect, the licensee shall acquire an impression type seal or rubber stamp of the design specified by these rules.  This seal shall bear the licensee's name and number as shown on the license.  This seal, signature of the licensee and date shall be affixed on all papers or documents involving the practice of architecture prepared by the licensee issued or filed for public record.

 

          (b)  The seal shall consist of 2 concentric circles with the outer circle having a diameter 1-9/16 inches and the inner circle diameter 15/16 of an inch.  In the space between the circles at the top shall be the words "Licensed Architect" and at the bottom shall be the words "The State of New Hampshire."  In the space inside the inner circle shall be the full name of the licensee and the license number written horizontally.

 

          (c)  The requirements of (b) above shall be as illustrated below in figure 3.1:

Figure 3.1 Seal/Stamp

Seal

 

          (d)  It shall be a violation of these rules for the licensee to stamp or seal any documents with their seal after the license has expired, been revoked or suspended or after the licensee has chosen retired status. It shall be a violation of these rules for the licensee to stamp or seal any documents not prepared by him or her personally or under his/her direct supervision.

 

PART Arch 307  ARCHITECT CERTIFICATES FOR BUSINESS ORGANIZATIONS

 

          Arch 307.01  Business Organization Certificate Requirements.

 

          (a)  Business organizations offering architectural services in New Hampshire shall meet the requirements established pursuant to RSA 310-A:42-a.

 

          (b)  Persons designated as being responsible for the architectural activities of the business organization shall:

 

(1)  Be licensed as an architect in this state; and

 

(2)  Be employed exclusively by the business organization a minimum of 37.5 hours per week, except in the case of a business organization solely owned by a licensed architect.

 

          (c)  Applicants for a certificate of authorization for a business organization shall provide, or cause to be provided, the following on an application for certificate of authorization for the practice of architecture form:

 

(1)  The firm name, including any names previously used;

 

(2)    Certificate of authorization number for renewal applicants;

 

(3)    Whether the application is new or a renewal;

 

(4)  The applicant’s business addresses and telephone numbers;

 

(5)  Names and addresses of corporate officers or partners;

 

(6)  Names and addressees, of person/s responsible for architectural activities and decisions;

 

(7)  NH license number, and status of person/s responsible for architectural activities and decisions;

 

(8) Whether the person/s responsible for architectural activities and decisions is employed part-time or full-time;

 

(9)  Name and e-mail address of contact person for the firm;

 

(10)  An statement acknowledging that the applicant has provided correct and true statements in the application; and

(11)  Applicant’s signature and date.

 

          (d)  Applicants shall pay the application fee specified in Arch 305.02.

 

PART Arch 308 FACILITATED LICENSING FOR MILITARY SPOUSES

 

Arch 308.01  Licensing for Active Duty Military Spouses.

 

          (a)  Each applicant for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the board for licensure on an application for licensure form as specified in Arch 301.02 and pay the fee set forth in Arch 305.02.

         

          (b)  Each applicant for facilitated licensing as a military spouse shall provide a copy of the military member’s orders showing proof of active duty status.

 

          (c)  Each applicant who applies for facilitated licensing as a military spouse shall be eligible to obtain a facilitated license if the military spouse is licensed or registered in another state or jurisdiction, provided that the other state’s or jurisdiction’s licensure or registration requirements are consistent with Arch 302.01, NCARB Certification Guidelines July 2014 edition as specified in Appendix B and NCARB Education Guidelines July 2014 edition as specified in Appendix B;

 

          (d)  Verification of licensure and examination shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state or jurisdiction for approval.

         
(e) A military spouse who obtains a facilitated license shall comply with all license renewal requirements pursuant to Arch 403.01.

 

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CHAPTER Arch 400  CONTINUED STATUS

 

PART Arch 401  RENEWAL OF LICENSE

 

          Arch 401.01  Expirations and Renewals.  Pursuant to RSA 310-A:46, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee. The board shall notify each architect at least 2 months prior to expiration of his/her license.

 

 

          Arch 401.02  Renewal of License.  Any licensee wishing to renew a license shall submit:

 

          (a)  The renewal application supplied by the board;

 

          (b)  The fee specified in Arch 305.02 (f); and

 

          (c)  If the renewal is not received by the date of expiration, a late fee of 20 percent per month.

 

          Arch 401.03  Renewal Application.  The applicant shall supply the following on the license renewal application:

 

          (a)  The applicant’s full name;

 

(b)  The applicant’s business name and address and telephone number;

 

          (c)  The applicant’s home address and telephone number;

 

          (d)  The applicant’s e-mail address;

 

          (e)  The applicant’s license number and expiration date;

 

          (f)  The renewal amount due;

 

          (g)  A statement describing any disciplinary, sanctions or legal action brought against the applicant for his/her services as an architect;

 

          (h)  A statement indicating that the applicant has adhered to the ethical and professional standards of Arch 500;

 

          (i)  Acknowledgment that the provision of materially false information in the application recklessly provided is a basis for denial and for disciplinary action by the board;

 

          (j)  A statement indicating that the applicant has complied with the continuing education requirements of Arch 403; and

 

          (k)  The applicant’s signature and date.

 

          Arch 401.04  Denial of Renewal.

 

          (a)  Renewal shall be denied if, after notice and an opportunity for hearing, there is a finding of:

 

(1)  Any unethical act for which discipline shall be imposed under Arch 500;

 

(2)  Reasons for which an initial application would have been denied;

 

(3)  Failure to furnish complete or materially accurate information on a renewal license application;

 

(4)  Failure to file a renewal application within 12 months of license expiration; or

 

(5)  Noncompliance with the continuing education requirements of Arch 403.

 

          (b)  The board shall notify the applicant of any deficiencies in the renewal application within 60 days of receipt. Failure to remedy the deficiencies within 60 days thereafter shall result in denial of the renewal application. An application shall be considered complete when all deficiencies are corrected.

 

          Arch 401.05  Reinstatement.  An architect whose license to practice architecture in this state has been allowed to lapse for a period of 12 months or more shall:

 

          (a)  File a reinstatement application with the board that includes at least the following:

 

(1)  The applicant’s full name, including any names previously used;

 

(2)  The applicant’s business name, residence and business addresses, telephone numbers and e-mail address;

 

(3)  A statement indicating any disciplinary or legal action brought against the applicant for his/her services as an architect;

 

(4)  A statement indicating that the applicant has adhered to the ethical and professional standards of Arch 500;

 

(5)  A representation that the applicant acknowledges that the provision of false information in the application is a basis for disciplinary action by the board;

 

(6)  Whether the applicant has ever been convicted of any felony or any misdemeanor, or a violation involving architecture or the practice of architecture and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

 

(7)  The names, complete addresses, occupation and business relationship with applicant of 3 references from licensed architects as defined by RSA 310-A:28, I;

 

(8) Documentation that the applicant has complied with the continuing education requirements of Arch 403; and

 

(9)  The applicant’s signature and date.

 

          (b)  Applicants shall submit the application and reinstatement fees as specified in Arch 305.02.

 

          Arch 401.06 Active Duty Military Inactive Status

 

          (a)  The board shall place an architect on inactive status pursuant to RSA 332-G:7, II
 upon receipt of:

 

(1)  A written request; and

 

(2)  Proof of active duty service in the Armed Forces of the United States.

 

          (b)  The board shall return an architect to active status upon receipt of:

 

(1)  Payment of the renewal fee;

 

(2)  Proof of completion of the continuing education requirements pursuant to Arch 403; and

 

(3)  Proof that the licensee has not been discharged from service in the Armed Forces of the United States for more than one year.

 

Arch 401.07 Certificate of Authorization Renewal. Certification of authorization for the practice of architecture shall expire on December 31 each year. A renewal notification shall be sent to all certified business organizations at least one month prior to expiration.    

      

Arch 401.08 Denial of Reinstatement.  Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds:

 

          (a)  Any unethical act for which discipline shall be imposed under Arch 500;

 

          (b)  Reasons for which an initial application could be denied; or

 

          (c) Failure to furnish complete or accurate information on an initial, renewal or reinstatement application.

 

 

PART Arch 402  DISCIPLINARY MATTERS

 

          Arch 402.01  Initiation of Disciplinary Action.  The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, in response to any information which reasonably suggests that a licensee has engaged in professional misconduct.

 

          Arch 402.02  Disciplinary Sanctions.

 

          (a)  Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

 

(1)  After prior notice and an opportunity to be heard; or

 

(2)  Pursuant to a mutually agreed upon settlement or consent decree.

 

          (b)  When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

 

          (c)  In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the licensee shall be subject to any disciplinary sanction authorized by RSA 310-A:47.

 

          (d)  After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:47 after considering the presence of aggravating or mitigating circumstances.

 

          (e)  The following shall be considered aggravating circumstances:

 

(1)  The seriousness of the offense;

 

(2)  Prior disciplinary record;

 

(3)  State of mind at the time of the offense;

 

(4)  Lack of willingness to cooperate with the board; and

 

(5)  Potential harm to public health and safety.

 

          (f)  The following shall be considered mitigating circumstances:

 

(1)  Absence of a prior disciplinary record;

 

(2)  State of mind at the time of the offense;

 

(3)  Willingness to cooperate with the board;

 

(4)  Acknowledgment of his or her wrongdoing; and

 

(5)  The purpose of the rule or statute violated.

 

          (g)  No hearing date established in a proceeding conducted under Arch 402.02 shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period if any pending issuance of the board’s final decision.

 

          (h)  Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

 

          Arch 402.03  Civil Penalties.

          (a)  Adjudicative procedures seeking the assessment of an administrative fine shall be

commenced against any person subject to such fines or penalties under any provision
of RSA 310-A when the board possesses evidence indicating that a violation has occurred.

          (b)  When persons subject to the board’s disciplinary authority are directed to pay fines in

accordance with Arch 402.02 (d), such fines shall be assessed in accordance with the factors stated

in Arch 402.02 (e) and (f) and the following additional considerations:

                                                                                                                                                           

                      (1)        The cost of any investigation or hearing conducted by the board; and

 

                      (2)        The licensee’s ability to pay a fine assessed by the board.

 

          (c)  Administrative fines shall not exceed the following amounts:

 

                      (1)        When no violation of the same type has occurred within the 5 years

                      preceding the board’s notice to the respondent, the fine assessed shall

                      not exceed  $200.00 per day or $1,000.00 per offense whichever is greater;

 

                      (2)        When a single disciplinary infraction of the same type has occurred

                      within the 5 years preceding the board’s notice to the respondent, the fine

                      assessed shall not exceed  $200.00 per day or $1,500.00 per offense whichever is

                      greater;

                                                                                                                                               

                      (3)        When more than one disciplinary infraction of the same type has occurred

                      within the 5 years preceding the board’s notice to the respondent, the fine assessed

                      shall not exceed $200.00 per day or $2,000.00  per offense whichever is greater; and

 

                      (4)        In the case of continuing violations, a separate fine shall be assessed

                      for each day the violation continues, but the total amount of the fine and the

                      respondent’s promptness and cooperativeness in ceasing the prohibited conduct

                      in question shall be considered in assessing the daily fines. A single course of

                      continuing conduct shall be treated as a single violation for purposes of Arch

                      402.03 (c), (1), (2) and (3).

 

          Arch  402.04  Procedures for Assessing and Collecting Fines.

 

          (a) Payment of a fine shall be included among the options available for settling

disciplinary allegations, and shall be included among the types of disciplinary sanctions imposed

after notice and hearing.

 

          (b)  In cases where the board initially intends to limit disciplinary sanctions to an

administrative fine, the board shall issue a “notice of apparent liability” describing the alleged

offense, stating the amount of the assessed fine, and notifying the alleged offender that he or she

shall pay or compromise the fine by a date certain or request that an administrative hearing be held.

If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearing

shall be issued. In such hearings, the board’s disciplinary options shall not be limited to the assessment

of an administrative fine.

 

          (c)  Nonpayment of a fine by a licensee or respondent in contravention of an order, agreement

or promise to pay, shall be a separate ground for discipline by the board or a basis for denying a

subsequent license or renewal application or a basis for judicial action seeking to collect the fine.

 

 

PART Arch 403  CONTINUING EDUCATION

 

          Arch 403.01  Renewal Requirements.

 

          (a)  Continuing education units shall be earned pursuant to RSA 310-A:46-a.

 

          (b)  A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that he or she has completed the minimum required units of approved education required by Arch 403.01 (c).

 

          (c)  Each licensee shall obtain at least 12 units of continuing education each year, consisting of 8 units in the areas of health, safety and welfare and 4 units of sustainable design as a condition of biennial license renewal.

 

          (d)  If a licensee exceeds the requirement, a maximum of 12 continuing education units may be carried forward into the subsequent renewal period.

 

 

          Arch 403.02  Continuing Education Unit Requirements.  Continuing education units shall meet the following criteria:

 

          (a)  Continuing education activities shall be relevant to the practice of architecture or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content;

 

          (b)  Eight units of continuing education shall be in the area of health, safety and welfare which includes the following subject areas:

 

(1)  Accessibility;

 

(2)  Acoustics;

 

(3)  Building design;

 

(4)  Code of ethics;

 

(5)  Construction administration;

 

(6)  Construction contract laws, legal aspects;

 

(7)  Construction documents, services;

 

(8)  Construction functions, materials, methods, and systems;

 

(9)  Energy efficiency;

 

(10)   Asbestos, lead-based paint, toxic emissions;

 

(11)  Environmental analysis and issues of building materials and systems;

 

(12)  Building fire codes, flame spread, smoke contribution, explosives;

 

(13)  Fire safety systems, detection and alarm standards;

 

(14)  Insurance to protect the owners of property and injured parties;

 

(15)  Interior design;

 

(16)  Laws and regulations governing the practice of architecture;

 

(17)  Life safety codes;

 

(18)  Materials and systems: roofing/waterproofing, wall systems;

 

(19)  Material use, function, and features;

 

(20)  Mechanical, plumbing, electrical: system concepts, materials and methods;

 

(21)   Natural hazards, earthquake, hurricane, flood, related to building design;

 

(22)  Preservation, renovation, restoration, and adaptive reuse;

 

(23)  Security of buildings, design;

 

(24)  Site and soils analysis;

 

(25)  Site design;

 

(26)  Specification writing;

 

(27)  Structural issues; and

 

(28)  Surveying methods, techniques.

 

          (c)  Four units of continuing education shall be in the area of sustainable design which includes the following subject areas:

 

(1)  Active solar thermal systems;

 

(2)  Alternative energy;

 

(3)  Alternative transportation

 

(4)  Appropriate size and growth;

 

(5)  Biomimicry, nature as a model;

 

(6)  Building form;

 

(7)  Building monitoring;

 

(8)  Building orientation;

 

(9)  Carbon offsets;

 

(10)  Cavity walls for insulating airspace;

 

(11)  Co-generation;

 

(12)  Conserving systems and equipment;

 

(13)  Contract documents related to sustainable design;

 

(14)  Construction waste management;

 

(15)  Cool roofs;

 

(16)  Deconstruction and salvage materials;

 

(17)  Daylighting;

 

(18)  Earth sheltering;

 

(19)  Efficient artificial lighting;

 

(20)  Efficient site lighting systems;

 

(21)  Energy modeling;

 

(22)  Energy source ramifications;

 

(23)  Energy-saving appliances and equipment;

 

(24)  Environmental education;

 

(25)  Geoexchange;

 

(26)  Green roofs;

 

(27)  High-efficiency equipment;

 

(28)  Indoor environmental quality;

 

(29)  Integrated project delivery;

 

(30)  Life cycle assessment;

 

(31)  Mass absorption;

 

(32)  Material selection and embodied energy;

 

(33)  Natural ventilation;

 

(34)  Open, active, daylit space;

 

(35)  Passive solar collection opportunities;

 

(36)  Photovoltaics;

 

(37)  Prefabrication;

 

(38)  Preservation/reuse of existing facilities;

 

(39)  Radiant heating and cooling;

 

(40)  Renewable energy resources;

 

(41)  Rightsizing equipment;

 

(42)  Safety and security systems defensive planting, innovative design, defensive space;

 

(43)  Smart controls;

 

(44)  Space zoning;

 

(45)  Staff training technical training, only;

 

(46)  Sun shading;

 

(47)  Systems commissioning;

 

(48)  Systems tune-up;

 

(49)  Thermal bridging;

 

(50)  Total building commissioning;

 

(51)  Vegetation for sun control;

 

(52)  Walkable communities;

 

(53)  Waste-heat recovery;

 

(54)  Water conservation;

 

(55)  Windows and openings;

 

(56)  Green specifications; and

 

(57)  Zoning, regulatory, codes.

 

          (d)  The content of each presentation shall be well organized and presented in a sequential manner;

 

          (e)  There is a provision for individual participant course/program registration including information required for record keeping and reporting; and

 

          (f)  Self directed learning activities shall include a written instrument which tests the licensee’s comprehension of the content of that course or program.

 

          Arch 403.03  Continuing Education Units.  Continuing education units shall be credited as follows:

 

          (a)  Four health, safety and welfare continuing education units shall apply to activity on a state or national board of licensure;

 

          (b)  Courses/programs awarded one college semester hour of credit shall equal 15 continuing education units based on course credit established by the college or university;

 

          (c)  Courses/programs awarded one college quarter hour shall equal 10 continuing education units;

 

          (d)  Courses/programs awarded one continuing education unit shall equal 10 continuing education hours;

 

          (e)  Credit shall be awarded for one unit of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings shall earn continuing education credit for the actual time of each program;

 

          (f)  Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn continuing education credit at twice that of participants.  Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty;

 

          (g)  Each professional journal, published paper, article or published architecture textbook pursuant to Arch 403.02 (b) and (c) shall equal 12 continuing education units;

 

          (h)  Active participation in professional or technical societies shall equal 2 continuing education units and shall require that a licensee serve as an officer and/or actively participate in a committee of the organization.  Continuing education units shall not be earned until each year of service is completed and shall be limited to 2 continuing education units per organization;

 

          (i)  Three hours of self-directed learning activity through the use of audio or video tapes shall equal one continuing education unit; and

 

          (j)  Continuing education units shall not be recognized for any repeat program attended or completed.

 

          Arch 403.04  Record Keeping.

 

          (a)  The licensee shall maintain records to be used to support continuing education units claimed.

 

          (b)  Records required shall contain attendance verification records in the form of completion certificates or other documents supporting evidence of attendance such as:

 

(1)  Signed attendance receipts;

 

(2)  Paid receipts;

 

(3)  A copy of a listing of attendees signed by a person sponsoring the course or program or the course/program provider, or

 

(4)  Completed continuing education transcript from American Institute of Architects (AIA).

 

          (c)  The licensee shall retain attendance verification records for a period of at least 4 years.  Such documentation shall be made available to the board for random audit and/or verification purposes. Documentation shall support continuing education units claimed. Failure to provide documentation for audit verification shall result in disciplinary action.

 

          (d)  Not less than 5% of the licensees shall be randomly selected each year by the board for compliance with Arch. 403.01.

 

          Arch 403.05  Exemption  A licensee shall be exempt from the continuing education requirements for serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year.

 

          Arch 403.06  Waiver of Professional Development Units Deadline.  A licensee may request waiver of continuing education units deadlines, as follows:

 

          (a)  A petition requesting a waiver shall be filed at least 30 days before the expiration of the biennial continuing education period in question;

 

          (b)  Late filing shall be justified by a showing of good cause that includes serious accident, illness or other circumstances beyond the control of the licensee which actually prevents the licensee from satisfying the continuing education requirements;

 

          (c)  Relevant supporting documentation from the licensee’s physician or medical professional shall be furnished to the board when necessary for a fair and informed determination by the board; and

 

          (d)  A waiver petition shall include a specific timetable for completing specific courses, which will meet the petitioner’s continuing education unit deficiency.

 

          Arch 403.07  Noncompliance.  Failure to submit documentation required per Arch 403.04 which establishes that said requirements were so completed, shall after notice and opportunity for hearing, result in disciplinary action including license suspension or revocation unless a waiver petition has been timely filed and duly granted by the board.

 

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CHAPTER Arch 500  ETHICAL STANDARDS AND LICENSE SURRENDER

 

PART Arch 501  ETHICAL STANDARDS

 

          Arch 501.01  Purpose and Scope.

 

          (a)  In order to safeguard the life, health, property and welfare of the public and to establish and maintain a high standard of integrity in the professional practice of architecture the following rules of professional conduct have been adopted in accordance with RSA 310-A.

 

          (b)  These rules shall be binding upon every person holding a license or as a candidate for licensure as an architect in this state.

 

          Arch 501.02  Obligation To Obey.

 

          (a)  Violation of these ethical standards shall result in disciplinary sanctions.  Conduct proscribed by these ethical standards, when performed by a candidate for licensure as an architect in this state, or during a prior period of licensure, shall result in denying a license application.

 

          (b)  All persons licensed under RSA 310-A shall be considered to have knowledge of the existence of these rules of professional conduct, and shall be deemed to be familiar with their several provisions. Such knowledge shall encompass the understanding that the practice of the profession of architecture is a privilege, as opposed to a right, and the licensed architect shall be forthright and candid in the licensee's statements or written response to the board or its representatives on matters pertaining to professional conduct.

 

          (c)  Licensees shall submit only truthful and correct information in any application or other document filed with or statement made to the board.

 

          (d)  Licensees shall inform the board of a principle business/home address to which all official board communications should be directed, and also of all addresses where he/she is practicing.

 

          (e)  The establishment of a business/home address or the change or abandonment of a business or home address shall be reported by the licensee to the board within 30 days.

 

 

          Arch 501.03  Ethical Requirements For Architects.  The licensed architect shall:

 

          (a)  Hold paramount the safety, health and welfare of the public;

 

          (b)  Perform his/her services only in areas of his/her competence;

 

          (c)  Issue statements only in an objective and truthful manner;

 

          (d)  Act for each employer or client as faithful agents or trustees;

 

          (e)  Not engage in deceptive acts;

 

          (f)  Conduct himself/herself honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

 

          (g)  Not affix his/her signature or seal to any plan or document dealing with subject matter for which he/she lacks competence by virtue of education or experience;

 

          (h)  Not affix his/her signature or seal to any plan or document not prepared under his/her direct supervisory control, however he/she may affix his/her seal and signature to drawings and documents depicting the work of 2 or more professionals provided he/she designates by a note under his/her seal the specific subject matter for which he/she is responsible;

 

          (i)  Exercise direct supervisory control, responsible charge which requires a licensee or employee to carry out all client contracts, provide internal and external financial control, oversee employee training and exercise control and supervision over all jobs requirements to include research, planning, design, field supervision and work product review; and

 

          (j)  When performing professional services, take into account all applicable state and municipal regulations;

 

          (k)  Compete for employment on the basis of professional qualification and competence to perform the work;

 

          (l)  Be objective and truthful in all professional reports, statements or testimony, and include all relevant and pertinent information in such reports, statements or testimony;

 

          (m)  When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy of his/her testimony;

 

          (n)  Issue no statements, criticisms, or arguments on architectural issues connected with public policy which are influenced or paid for by an interested party, or parties, unless he/she has prefaced his/her comment by explicitly identifying him/herself by disclosing the identities of the party or parties on whose behalf he/she is speaking, and by revealing the existence of any pecuniary interest he/she has in the instant matters;

 

          (o)  Not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of another architect;

 

          (p)  If he/she believes that another licensed architect has committed misconduct or illegal practice, present such information to the board;

 

          (q)  Avoid conflicts of interest;

 

          (r)  Promptly inform his or her employer or client of any business associations, interests, or circumstances, which could influence his/her judgment, or the quality of his/her services;

 

          (s)  Not accept anything of value from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

 

          (t)  Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

 

          (u)  Not solicit or accept financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties dealing with his/her client or employer in connection with work for which he/she is responsible;

 

          (v)  When in public service as a member, advisor, or employee of a governmental body, not participate in considerations or actions with respect to services provided by him/her or his/her organization in the private practice of the profession of architecture;

 

          (w)  Not solicit or accept an architectural contract from a governmental body on which a principal or officer of his/her organization serves as a member;

 

          (x)  Not attempt to supplant another architect in a particular employment after becoming aware that the other has been selected for employment;

 

          (y)  When serving in a public capacity, not accept payment or gifts which appear to or might influence his or her judgment;

 

          (z)  Not offer to pay, either directly or indirectly any commission, political contribution, gift or other consideration in order to secure work, exclusive of securing salaried positions thorough employment agencies;

 

          (aa)  Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive or unfair statement or claim regarding the cost, quality or extent of services to be rendered;

 

          (ab)  Not falsify or permit misrepresentation of his/her, or his/her associates’ academic or professional qualifications, or misrepresent his/her degree of responsibility in or for the subject matter of prior assignments;

 

          (ac)  Not distribute brochures or other presentations incident to the solicitation of employment which misrepresents pertinent facts concerning employers, employees, associates, joint ventures, or his/her or their past accomplishments with the intent and purpose of enhancing his/her qualifications and his/her work;

 

          (ad)  Perform his/her services in an ethical and lawful manner;

 

          (ae)  Not knowingly associate with or permit the use of his/her name in a business venture by any person or firm which he/she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

 

          (af)  If, in the course of work on a project, the licensed architect becomes aware of a decision taken by their employer or client which violates any law or regulation and which will, in his or her judgment, materially affect adversely the safety to the public of the finished project he or she shall:

 

(1)  Advise their employer or client against the decision;

 

(2)  Refuse to consent to the decision; and

 

(3)  Report the decision to the local building inspector or code enforcement official charged with the enforcement of the applicable law and regulations, unless the matter is satisfactorily resolved by other means.

 

          (ag)  If he/she has knowledge or reason to believe that another licensed architect might be in violation of any of these provisions or provisions of RSA 310-A, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

 

          (ah)  Cooperate with investigations and requests for information from the board and the board’s representatives.

 

PART Arch 502  VOLUNTARY LICENSE SURRENDER

 

          Arch 502.01  Procedure for Surrendering a License.  Any person holding a license may voluntarily surrender that license by returning it to the board accompanied by a signed letter stating that he/she intends to surrender his/her license.

 

          Arch 502.02  Effect of Voluntary License Surrender.

 

          (a)  A licensee who surrenders a license shall retain no right or privilege of a New Hampshire licensee. A person who reapplies for licensure in New Hampshire after a voluntary surrender shall have the burden of proving compliance with all of the requirements then in effect for new applicants and professional character requirements.

 

          (b)  Non-renewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee’s professional conduct while the license was still in effect. Surrender of a license shall not preclude the board from investigating disciplinary proceedings not expressly referenced in the voluntary surrender order or settlement agreement. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

 

          Arch 502.03  Voluntary Surrender When Misconduct Allegations are Pending.

 

          (a)  A licensee who wishes to surrender his or her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

 

          (b)  Any settlement agreement reached under (a), above, shall include the following concessions:

 

(1)  That the license surrender has occurred in settlement of pending disciplinary charges; and

 

(2)  That the pending disciplinary allegations shall be fully resolved prior to any future

application filed by the licensee in New Hampshire.

 

          (c)  The board shall decline to accept a settlement agreement under (a), above, if the board believes the licensee has unreasonably declined to disclose material information concerning the alleged misconduct or has refused to stipulate to the truth of the material facts concerning the alleged misconduct which would be necessary to protect the public interest in the event the licensee subsequently reapplies for a license.

 

          (d)  A licensee’s stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A and if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.

 

          (e)  The fact of license surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing specific finding of professional misconduct.

 

 

*Not an Official Version

The Joint Board makes no warranty, express or implied, as to whether this document is correct,
complete, up-to-date, or as to any other relative fact. Independent verification of the contents is essential.

 

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