CODE OF ADMINISTRATIVE RULES
NH BOARD OF ARCHITECTS
The Architect's Board
will hold a public hearing for interested
parties on the
Initial Proposal Arch 300-500, Rules Regarding Applications and Examinations
on April 29, 2015 at 9:30 a.m.
Joint Board Office
121 South Fruit Street
Concord, New Hampshire 03301
Follow this link for more information
TABLE OF CONTENTS
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
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
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
Part Arch 202 DEFINITIONS
Section Arch 202.01 Purpose and
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
Part Arch 205 TIME PERIODS
Section Arch 205.01 Computation
Part Arch 206 MOTIONS AND PLEADINGS
Section Arch 206.01 Motions; Objections
Section Arch 206.02
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
Part Arch 208 ROLES OF BOARD STAFF AND COMPLAINANTS
Section Arch 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings
Arch 208.02 Role of Complainants in Enforcement or Disciplinary
Part Arch 209 INTERVENTION
Arch 209.01 Intervention
Part Arch 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING
Section Arch 210.01 Postponements
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
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
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
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
Arch 214.06 Public Participation
Part Arch 215 PETITION FOR RULEMAKING
Section Arch 215.01 Petition for Rulemaking
Arch 215.02 Disposition of Petition
Part Arch 216 DECLARATORY RULINGS
Section Arch 216.01 Petitions
Arch 216.02 Action on Petitions
Part Arch 217 EXPLANATION AFTER ADOPTION
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
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
Part Arch 304 RECIPROCITY
Section Arch 304.01
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
Part Arch 306 CREDENTIALS
Section Arch 306.01 License
Section Arch 306.02 Pocket Cards
Section Arch 306.03 Licensed
Part Arch 307 ARCHITECT CERTIFICATES FOR BUSINESS ORGANIZATIONS
Section Arch 307.01 Business Organization Certificate Requirements
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 Denial of Reinstatement
Part Arch 402 DISCIPLINARY MATTERS
Section Arch 402.01 Initiation of Disciplinary Action
Section Arch 402.02 Disciplinary Sanctions
Part Arch 403 CONTINUING EDUCATION
Section Arch 403.01 Renewal Requirements
Section Arch 403.02 Continuing Education Unit Requirements
Section Arch 403.03 Continuing Eduction 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
CHAPTER Arch 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION
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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
(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:
(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.
Meetings. Regular meetings shall be held at least 3 times each year.
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
(a) Call to order;
(c) Reading of the minutes;
(d) Reading of communications;
(e) Reading and consideration of applications;
(f) Unfinished business;
(g) New business; and
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.
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;
(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
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
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
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
(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;
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
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
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-:31V 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;
(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
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.
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
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
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
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;
(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
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
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
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.
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.
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;
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.
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.
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.
Purpose. The purpose of this part is to provide a uniform procedure for the
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
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:
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
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
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
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.
Arch 215.01 Petition for Rulemaking.
(a) Any person
may request the board to commence a proceeding for the purpose of adopting,
repealing a rule by filing a written petition that contains:
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;
(3) Any data
or argument the petitioner believes would be useful to the board in deciding
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
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.
request shall be considered at the next scheduled board meeting and the board
shall issue a
response within 45 days after consideration.
CHAPTER Arch 300 LICENSURE REQUIREMENTS
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PART Arch 301 APPLICATION REQUIREMENTS
Arch 301.01 Application Process.
(a) Each person wishing to become licensed as an architect shall submit an application form provided by the board which contains the information specified in Arch 301.02, and the application fee specified in Arch 305.01.
(b) An application, 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 is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Arch 213 on the deficiency issues identified by the board. 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 that do not have a National Council of Architectural Registration Board 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 or with a form supplied by the board:
(1) The applicant’s name, including any names previously used;
(2) The applicant’s residence and business addresses and telephone numbers;
(3) The applicant’s date and place of birth;
(4) The applicant’s, dates of employment, type of services provided, 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 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 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, date and grade awarded;
(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
c. grades and dates of memberships; and
d. any additional experience information the applicant wishes to provide; and
(16) The applicant’s signature.
(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 a form supplied by the board:
(1) The applicant’s name;
(2) The reference’s name and address, relationship to the applicant, status as an architect as defined by RSA 310-A:28, I;
(3) A brief description of the reference’s knowledge of the applicant’squalifications in the practice of architecture; and
(4) 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 therequirements 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 Handbook for Interns and Architects 2007-2008 edition;
(2) Candidates possessing a 4 year pre-professional
degree in architecture shall have at least 7 years’ architectural
experience in accordance with the NCARB Handbook for Interns and Architects 2007-2008 edition; and
possessing no degree shall have at least 13 years’ architectural experience in
accordance with the
NCARB Handbook for Interns and Architects 2007-2008 edition;
(4) The candidate shall take the ARE prepared by NCARB and achieve a passing
Arch 302.02 Education and Training Standards. The
board shall evaluate the candidates using the NCARB
Handbook for Interns and Architects 2007-2008 edition and NCARB Education Standard 2007-2008 edition.
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
Handbook for Interns and Architects 2007-2008 edition.
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 the Test Administrators facilities at 29 Hampshire Avenue, Portsmouth, NH or
at any of their other several dozen facilities 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;
systems which includes structural layout;
systems which includes mechanical and
electrical plan; and
documents and services which includes
PART Arch 304 RECIPROCITY
Arch 304.01 Reciprocity
(a) Candidates for licensure who are licensed or registered in another state,
that the other state’s licensure or registration requirements are
Arch 302.01 and the NCARB Handbook for Interns and Architects 2007-2008 edition
and NCARB Education Standard 2007-2008 edition or shall apply to the board for
licensure on a form provided by the board 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
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
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; and
(i) The late fee for certificate of authorization for architect
shall be $16.00 per month for each month or fraction of a month the renewal is late.
(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
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
(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
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 a form supplied by the board:
(1) The applicant’s name, including any names previously used;
(2) The applicant’s business addresses and telephone numbers;
(3) Names and addresses of corporate officers or partners;
(4) Names and addressees, of person/s responsible for architectural activities and decisions;
(6) NH license number, and status of person/s responsible for architectural activities and decisions;
(7) Number of hours employed per week of person/s responsible for architectural activities and decisions; and
(8) Applicant’s signature.
(d) Applicants shall pay the application fee specified in Arch 305.02
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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 application form for license renewal:
(a) The applicant’s full name;
(b) The applicant’s business address and telephone number;
(c) The applicant’s home address and telephone number;
(d) A statement describing any disciplinary or legal action brought against the applicant for his/her services as an architect;
(e) A statement indicating that the applicant has adhered to the ethical and professional standards of Arch 500;
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;
(g) A statement indicating that the applicant has complied with the continuing education requirements of Arch 403; and
(h) 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; or
Failure to file a renewal application within 12 months of license expiration.
(5) Noncompliance with the continuing education requirements of Arch 403.
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;
(2) The applicant’s business address and telephone number;
(3) The applicant’s home address and telephone number;
(4) A statement indicating any disciplinary or legal action brought against the applicant for his/her services as an architect
(5) A statement indicating that the applicant has adhered to the ethical and professional standards of Arch 500;
(6) A representation that the
applicant acknowledges that the provision of false information in the
application is a
basis for disciplinary action by the board;
(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 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
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
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.
PART Arch 403 CONTINUING EDUCATION
Arch 403.01 Renewal Requirements
Continuing education units shall be earned pursuant to
(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;
Eight units of continuing education shall be in the area of health,
safety and welfare which includes the following subject areas:
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;
27. Specification writing;
28. Structural issues; and
29. Surveying methods, techniques.
(c) Four units of continuing education shall be in the area of sustainable design which includes the following subject areas:
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;
12. Conserving systems and equipment;
13. Contract documents related to sustainable design;
14. Construction waste management;
15. Cool roofs;
16. Deconstruction and salvage materials;
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;
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;
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;
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
Completed continuing education transcript from the American Institute of
(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.
A licensee shall be exempt from the continuing education requirements for
serving on temporary active duty in the armed forces of the
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.
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
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
(b) All persons licensed under RSA
310-A shall be considered to have knowledge of the existence of these rules of
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
(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
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 and
(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;
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
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
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
(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
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,
practice or employment of another architect;
(p) If he/she believes that
another licensed architect has committed misconduct or illegal practice, present
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,
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,
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
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
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
organization serves as a member;
(x) Not attempt to supplant
another architect in
a particular employment after becoming aware that
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
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,
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
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
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
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
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
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
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
completing a disciplinary
proceeding based upon the licensee’s professional conduct whilethe 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
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
(1) That the license surrender has occurred in settlement of pending
disciplinary charges; and
(2) That the pending disciplinary allegations shall be fully
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
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
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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