NH LANDSCAPE ARCHITECT RULES

NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

BOARD OF LANDSCAPE ARCHITECTS

Adopted 3/27/07

TABLE OF CONTENTS

CHAPTER Lsa 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Lsa 101 PURPOSE AND SCOPE

Section Lsa 101.01 Purpose and Scope

PART Lsa 102 DEFINITIONS

Section Lsa 102.01 Terms Used

PART Lsa 103 BOARD ORGANIZATION

Section Lsa 103.01 Duties and Responsibilities

Section Lsa 103.02 Composition of the Board

Section Lsa 103.03 The Chairperson and Vice Chairperson

Section Lsa 103.04 Staff

Section Lsa 103.05 Organization

Section Lsa 103.06 Seal

Section Lsa 103.07 Office Hours, Location, Mailing Address & Telephone

PART Lsa 104 PUBLIC INFORMATION

Section Lsa 104.01 Record of Board Actions

Section Lsa 104.02 Custodian of Records

Section Lsa 104.03 Roster Distribution

PART Lsa 105 MEETINGS, DELIBERATIONS AND DECISIONS

Section Lsa 105.01 Meetings

Section Lsa 105.02 Quorum

Section Lsa 105.03 Board Meeting Procedures

Section Lsa 105.04 Procedures

Section Lsa 105.05 Tentative Decisions

PART Lsa 106 APPOINTMENT OF COMMITTEES

Section Lsa 106.01 Committees

CHAPTER Lsa 200 PRACTICE AND PROCEDURE

PART Lsa 201 PURPOSE AND SCOPE

Section Lsa 201.01 Purpose and Scope

PART LSA 202 DEFINITIONS

Section Lsa 202.01 Definitions

PART LSA 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

Section Lsa 203.01 Presiding Officer; Appointment; Authority

Section Lsa 203.02 Withdrawal of Presiding Officer

Section Lsa 203.03 Waiver or Suspension of Rules by Presiding Officer

PART LSA 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Section Lsa 204.01 Date of Issuance or Filing

Section Lsa 204.02 Format of Documents

Section Lsa 204.03 Delivery of Documents

PART LSA 205 TIME PERIODS

Section Lsa 205.01 Computation of Time

PART LSA 206 MOTIONS AND PLEADINGS

Section Lsa 206.01 Motions; Objections

Section Lsa 206.02 Pleadings

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

Section Lsa 207.01 Commencement of Hearing

Section Lsa 207.02 Docket Numbers

Section Lsa 207.03 Notice of Hearing

Section Lsa 207.04 Appearances and Representation

Section Lsa 207.05 Prehearing Conference

PART LSA 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Section Lsa 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings

Section Lsa 208.02 Role of Complainants in Enforcement or Disciplinary Hearings

PART LSA 209 INTERVENTION

Section Lsa 209.01 Intervention

PART LSA 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Section Lsa 210.01 Postponements

Section Lsa 210.02 Failure to Attend Hearing

PART LSA 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Section Lsa 211.01 Voluntary Production of Information

Section Lsa 211.02 Motions to Compel Production of Information

Section Lsa 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits

PART LSA 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Section Lsa 212.01 Record of the Hearing

Section Lsa 212.02 Standard and Burden of Proof

Section Lsa 212.03 Testimony; Order of Proceeding

Section Lsa 212.04 Evidence

Section Lsa 212.05 Proposed Findings of Fact and Conclusions of Law

Section Lsa 212.06 Closing the Record

Section Lsa 212.07 Reopening the Record

Section Lsa 212.08 Decisions

PART LSA 213 MOTION FOR REHEARING

Section Lsa 213.01 Purpose

Section Lsa 213.02 Applicability

Section Lsa 213.03 Filing and Content of Motion

Section Lsa 213.04 Standard for Granting Motion for Rehearing

Section Lsa 213.05 Decision on Motion for Rehearing

PART LSA 214 RULEMAKING PUBLIC COMMENT HEARINGS

Section Lsa 214.01 Purpose

Section Lsa 214.02 Scope

Section Lsa 214.03 Notice

Section Lsa 214.04 Media Access

Section Lsa 214.05 Moderator

Section Lsa 214.06 Public Participation

PART LSA 215 PETITIONS FOR RULEMAKING

Section Lsa 215.01 Petition for Rulemaking

Section Lsa 215.02 Disposition of Petition

PART LSA 216 DECLARATORY RULINGS

Section Lsa 216.01 Petitions

Section Lsa 216.02 Action on Petitions

CHAPTER 300 LICENSURE REQUIREMENTS

PART Lsa 301 APPLICATION REQUIREMENTS

Section Lsa 301.01 Application Process

Section Lsa 301.02 Application for Licensure

Section Lsa 301.03 Application, Examination, and Licensure Fees

Section Lsa 301.04 Fees

PART Lsa 302 QUALIFICATIONS OF APPLICANTS

Section Lsa 302.01 Candidate Requirements

Section Lsa 302.02 Experience Requirements

Section Lsa 302.03 References Required

Section Lsa 302.04 Information From References

Section Lsa 302.05 Additional References

Section Lsa 302.06 Denial of Application

PART Lsa 303 EXAMINATIONS

Section Lsa 303.01 Examinations

Section Lsa 303.02 Re-Examinations

PART Lsa 304 RECIPROCITY

Section Lsa 304.01 Reciprocity

PART Lsa 305 CREDENTIALS

Section Lsa 305.01 License

Section Lsa 305.02 Pocket Cards

Section Lsa 305.03 Licensed Landscape Architect Seal/Stamp

CHAPTER Lsa 400 CONTINUED STATUS

PART Lsa 401 RENEWAL OF LICENSE

Section Lsa 401.01 Expirations and Renewals

Section Lsa 401.02 Renewal of License

Section Lsa 401.03 Renewal Application

Section Lsa 401.04 Denial of Renewal

Section Lsa 401.05 Reinstatement

Section Lsa 401.06 Denial of Reinstatement

PART Lsa 402 DISCIPLINARY MATTERS

Section Lsa 402.01 Initiation of Disciplinary Action

Section Lsa 402.02 Disciplinary Sanctions

Section Lsa 402.03 Civil Penalties

Section Lsa 402.04 Procedures for Assessing and Collecting Fines

PART Lsa 403 CONTINUING PROFESSIONAL DEVELOPMENT

Section Lsa 403.01 Renewal Requirements

Section Lsa 403.02 Reinstatement

Section Lsa 403.03 Continuing Education Requirements

Section Lsa 403.04 Continuing Education Hour Credits

Section Lsa 403.05 Record Keeping

Section Lsa 403.06 Exemptions

Section Lsa 403.07 Waiver of Continuing Education Deadline

Section Lsa 403.08 Noncompliance

CHAPTER Lsa 500 ETHICAL STANDARDS, PROFESSIONAL CONDUCT, ADMINISTRATIVE FINES AND LICENSE SURRENDER

PART Lsa 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT

Section Lsa 501.01 Purpose and Scope

Section Lsa 501.02 Obligation To Obey

Section Lsa 501.03 Standards of Conduct

PART Lsa 502 VOLUNTARY LICENSE SURRENDER

Section Lsa 502.01 Procedure for Surrendering a License

Section Lsa 502.02 Effect of Voluntary License Surrender

Section Lsa 502.03 Voluntary Surrender When Misconduct Allegations are Pending

CHAPTER Lsa 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Lsa 101 PURPOSE AND SCOPE

Lsa 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of landscape architects created by RSA 310-A: 142. These provisions regulate but are not limited to the licensing of landscape architects and the practice of landscape architecture in the state of New Hampshire.

PART Lsa 102 DEFINITIONS

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

(a) "Landscape Architect" means, “landscape architect” as defined in RSA 310-A:141, I namely " a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by licensing as a landscape architect."

(b) "Landscape architectural practice" means “landscape architectural practice ” as defined in RSA 310-A:141, II.

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

PART Lsa 103 BOARD ORGANIZATION

Lsa 103.01 Duties and Responsibilities The board shall administer the provisions of RSA 310-A:140-160 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 landscape architecture in this state.

Lsa 103.02 Composition of the Board. Pursuant to RSA 310-A:142, I the board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:142, I, II or both.

Lsa 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.

Lsa 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.

Lsa 103.05 Organization. Biennially, the board shall elect or appoint a chairperson, vice-chairperson, and secretary at the first meeting of the board in a calendar year.

Lsa 103.06 Seal. The seal of the board shall be an embossed circular seal consisting of 2 concentric circles, the outer circle having a diameter of 2 inches and an inner circle having a diameter of 1.7 inches. In the space between the two circles here shall be the words “New Hampshire Board of Landscape Architects .” The inner circle shall be a New Hampshire scene depicting a silhouette of the New Hampshire capitol dome, land, water and the sky.

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

(a) The board’s office shall be located at the New Hampshire Joint Board, 57 Regional Drive, 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

57 Regional Drive

Concord, N.H. 03301

PART Lsa 104 PUBLIC INFORMATION

Lsa 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.

Lsa 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.

Lsa. 104.03 Roster Distribution Copies of a roster containing names, addresses, and assigned numbers of licensed landscape architects shall be furnished upon request. The fee shall be $25.00.

PART Lsa 105 MEETINGS, DELIBERATIONS AND DECISIONS

Lsa 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.

Lsa 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.

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

(a) Reading of the minutes;

(b) Interviews/meetings;

(d) Reading and consideration of applications;

(e) Unfinished business

(f) New business; and

(g) Adjournment.

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

Lsa 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 Lsa 106 APPOINTMENT OF COMMITTEES

Lsa 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.

CHAPTER Lsa 200 PRACTICE AND PROCEDURE

PART Lsa 201 PURPOSE AND SCOPE

Lsa 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 license holders and others in the practice of landscape architecture. These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

PART Lsa 202 DEFINITIONS

Lsa 202.01 Definitions.

(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.”

(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 Lsa 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

Lsa 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.

Lsa 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.

Lsa 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 Lsa 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Lsa 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

Lsa 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 Lsa 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

Lsa 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 Lsa 205 TIME PERIODS

Lsa 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 egal holiday.

PART Lsa 206 MOTIONS AND PLEADINGS

Lsa 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.

(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.

Lsa 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.

(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 Lsa 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

Lsa 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 Lsa 207.03.

Lsa 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.

Lsa 207.03 Notice of Hearing.

(a) A notice of a hearing issued by the board at least 30 days prior to the hearing 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.

Lsa 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.

Lsa 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;

(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 Lsa 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Lsa 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as defined in Lsa 102.01 shall have no role in any enforcement or disciplinary hearing.

Lsa 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 Lsa 209 INTERVENTION

Lsa 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 finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

PART Lsa 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Lsa 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.

Lsa 210.02 Failure to Attend Hearing .

(a) If any party to whom notice has been given in accordance with Lsa 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default unless failure to attend is justified by a showing of good cause.

(b) Good cause shall include accident, illness or other circumstances beyond the control of the licensee.

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

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

(3) Grant a postponement of the hearing under the provisions of Lsa 210.01.

PART Lsa 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Lsa 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 Lsa 211.02.

Lsa 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.

Lsa 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 Lsa 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Lsa 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.

Lsa 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.

Lsa 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.

Lsa 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.

Lsa 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.

Lsa 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 (b) below and Lsa 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.

Lsa 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.

Lsa 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) The 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 Lsa 213 MOTION FOR REHEARING

Lsa 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.

Lsa 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.

Lsa 213.03 Filing and Content of Motion

(a) The 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, arbitrary, 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.

Lsa 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

Lsa 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 Lsa 214 RULEMAKING PUBLIC COMMENT HEARINGS

Lsa 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.

Lsa 214.02 Scope.

(a) These rules shall apply to all hearings required by state law to be conducted by theboard 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.

Lsa 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.

Lsa 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 other citizens present and shall cause other 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.

Lsa 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 Lsa 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 Lsa 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.

Lsa 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 or her 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 RSA 541-A:11, III to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Lsa 215 PETITION FOR RULEMAKING

Lsa 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 signed.

Lsa 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 Lsa 216 DECLARATORY RULINGS

Lsa 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
Lsa 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.

Lsa 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 Lsa 206.02 (d).

PART Lsa 217 EXPLANATION AFTER ADOPTION

Lsa 217.01 Explanation after Adoption.

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-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.

CHAPTER Lsa 300 LICENSURE REQUIREMENTS

PART Lsa 301 APPLICATION REQUIREMENTS

Lsa 301.01 Application Process.

(a) Persons wishing to become licensed as a landscape architect in New Hampshire shall submit an application form provided by the board which contains the information specified in Lsa 301.02, and the application fee specified in Lsa 301.03.

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

(c) If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Lsa 206 on the deficiency issues identified by the board. Any such request shall be made in writing and received by the board within 30 days of the receipt of the notification of denial.

(d) Applications about which there has been no communication from the applicant to the
board for one year shall be destroyed.

Lsa 301.02 Application for Licensure

(a) Each applicant for licensure 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 residence and business addresses and telephone numbers;

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

(4) The applicant’s dates of employment, titles of positions, and present address of employer;

(5) Character of employment including types of work performed and degree of responsibility;

(6) Name and present address of someone familiar with each position;

(7) List of college or university credits obtained including name of institution, years attended, graduation date and certified copies of transcripts;

(8) A listing of every state in which the applicant holds or has ever held registration/certification/licensure as a landscape architect with
corresponding number and date of initial registration/certification/licensure;

(9) Whether the applicant has ever lost or been denied registration/ certification/licensure as a landscape architect or disciplined by this board
or another landscape architect licensing board in any other state and if so, an explanation of the circumstances;

(10) Whether the registration/certification/licensure as a landscape architect was issued by examination;

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

(12) The names, complete addresses, occupation and business relationship with the applicant of 5 references as specified in Lsa 302.03; and

(13) The applicant’s signature.

(b) Applicants shall pay the application fee as specified in Lsa 301.03.

(c) 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 World Education Services 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.

Lsa 301.03 Application, Examination, and Licensure Fees.

(a) The application for licensure for reciprocal candidates who have a Council of Landscape Architect Registration Boards (CLARB) certificate shall be $225.00.

(b) The application fee for licensure for reciprocal candidates who do not
have a CLARB council record shall be $275.00

(d) The fee for section C & section E of the Landscape Architect Registration examination (LARE) shall be $325.00 each section.

(e) The wall display certificate fee for applicants shall be $30.00

(f) The biennial renewal fee shall be $150.

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

(h) The fee for verification of licensure or certification shall be $25.00.

(i) The fee for replacement of a lost or mutilated certificate of licensure shall be $30.00.

Lsa 301.04 Fees. All fees shall be paid in the form of, cash, money order, bank draft,
check or credit card payable to "Treasurer, State of New Hampshire" and are non-refundable.

PART Lsa 302 QUALIFICATION OF APPLICANTS

Lsa 302.01 Candidate Requirements.

(a) Candidates for licensure shall meet the requirements established by RSA 310-A:146 before a license shall be granted. The board shall require documentation of the applicant’s education and work experience to help determine competency.

(b) Experience in the practice of landscape architecture shall be of a grade and character that indicates to the board that the applicant is competent to practice as a landscape architect as determined pursuant to LSA 302.02. The board shall also require documentation of the applicant’s work products to help determine competency.

(1) Applicants possessing an accredited 4-year landscape architecture degree or equivalent, shall have 3 years professional experience under the direct supervision of a licensed landscape architect; or

(2) Applicants possessing a non-accredited 4-year landscape architecture degree or a 4-year degree in a related field including, but not limited to, engineering, architecture, geology, geography, planning, botany, forestry, environmental design, garden design, environmental studies, environmental science, ecology or soil science shall have 5 years professional experience, 3 of which shall be under the direct supervision of a licensed landscape architect.

(d) Experience shall be in accordance with the rules of professional conduct set forth in Lsa 501. Conduct proscribed by the rules of professional conduct, when performed by an unlicensed person or during a prior period of licensure, shall result in denying a license application or issuing a restricted license.

(e) The applicant shall take the LARE prepared by CLARB and achieve a passing score.

(f) The board shall issue licenses to applicants whose applications for licensure have been received during a one-year period following the effective date of the initial adoption of the board’s administrative rules adopted pursuant to RSA 541-A, and who either meet the education experience and examination requirements of Lsa 302.01 and 302.02 or who provide evidence establishing that their knowledge and experience is equivalent to such requirements and have satisfactorily passed the CLARB LARE examination.

Lsa 302.02 Experience Requirements. Experience in the practice of landscape architecture
shall be determined pursuant to RSA 310-A:146 as follows:

(a) Experience shall be progressive on landscape architecture projects to indicate that
it is of increasing quality and requiring greater responsibility;

(b) Only the work of landscape architectural nature shall be creditable;

(d) Experience gained in the armed services, to be creditable, shall be of a character
equivalent to that which would have been gained in the civilian sector doing similar work;

(e) Experience shall be gained under the supervision of a licensed landscape architect or
if not, an explanation shall be made showing why the experience should be considered acceptable;

(f) Teaching experience to be creditable must be of an advanced level in a college or
university offering a landscape architecture curriculum of 4 years or more that is accredited
by Landscape Architecture Accreditation Board (LAAB) accredited program;

(g) Successful completion of graduate study leading to the master’s degree in landscape
architecture which has followed a baccalaureate degree in landscape architecture may be used for
credit for one year’s experience. If the Ph.D. in landscape architecture is completed under the same
conditions, 2-year’s total experience shall be credited. The 2 years credit shall include the one year
for the master’s degree; and

(h) Experience shall not be anticipated. The experience shall have been received
at the time of the application.

Lsa 302.03 References Required.

(a) Each applicant for licensure shall provide the board with the names and addresses of
at least 5 individuals, who shall provide references, and are not related to the applicant. At least
3 of the references shall be individuals having personal or professional knowledge of the
applicant's experience as a landscape architect. At least 3 of the references shall be licensed
landscape architects as defined by RSA 310-A:141, I, having detailed knowledge of the
applicant's landscape architecture experience.

(b) Pursuant to RSA 310-A:149, II, references relating to experience in the practice of
landscape architecture performed prior to the effective date of the adoption of these rules may
be provided by either a licensed landscape architect or a person practicing the profession of
landscape architecture.

Lsa 302.04 Information from References. Information from references shall be requested by the board on forms provided by the board as follows:

(a) Applicant’s name;

(b) Reference’s name and address, relationship to the applicant, and status as a landscape architect as defined by RSA 310-A:141, I;

(c) A brief description of the reference’s knowledge of the applicant’s qualifications in the practice of landscape architecture; and

(d) Signature of reference and date.

Lsa 302.05 Additional References. The board shall require of the applicant the names and addresses of additional references if the original information provided by the references is unclear, incomplete or contradictory.

Lsa 302.06 Denial of Application. An application shall be denied if, after notice and an opportunity for hearing, there is a finding that:

(a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the board in connection with the application;

(b) Evidence of past disciplinary action taken by another licensing body or a professional society or association, which indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the standards of conduct required by Lsa 500;

(c) Evidence of conviction of a felony or misdemeanor indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Lsa 500;

(d) Evidence of behavior that would violate the ethical standards of Lsa 500, indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Lsa 501.03;

(e) The applicant failed to meet the educational and experience requirements of Lsa 302 and RSA 310-A146; and

(f) The applicant failed to successfully pass the examinations required per Lsa 303.01.

PART Lsa 303 EXAMINATIONS

Lsa 303.01 Examinations

(a) The board shall hold the CLARB LARE written national examination graphic
sections C & E semi-annually in each year on dates set by CLARB.

(b) Multiple choice sections A, B and D of the CLARB LARE national examination
shall be administered on computer at CLARB regional test centers on dates set by CLARB.

Lsa. 303.02 Re-Examinations. Candidates failing an examination shall be entitled to re-examination upon payment of an additional examination fee pursuant to Lsa 301.03 (d)

PART Lsa 304 RECIPROCITY

Lsa 304.01 Reciprocity.

(a) Candidates for licensure who are licensed/registered in another state, provided that the other state’s licensure/registration requirements are substantially equivalent to or higher than those of this state, shall apply to the board for licensure on a form provided by the board as specified in Lsa 301.02 and pay the fee per Lsa 301.03 (a) or (b). The verification of licensure or examination shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state for approval.

(b) Each applicant for licensure who holds a CLARB certificate shall have the CLARB certificate sent directly to the board office for evaluation by the board.

(c) Applicants who hold a CLARB certificate shall be required to submit the verification required pursuant to Lsa 304.01 (a).

PART Lsa 305 CREDENTIALS

Lsa 305.01 License. An applicant for licensure as a landscape architect, who has met satisfactorily all the requirements of RSA 310-A 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 landscape architecture that shall show the full name of the licensee, shall have a serial number, and shall be signed by the members of the board.

Lsa 305.02 Pocket Cards. Biennially, the board shall issue a licensure card, numbered to correspond with the landscape architect’s assigned number to each licensed landscape architect upon renewal of the license. The card shall certify that the landscape architect holds a license in good standing and is authorized to practice landscape architecture to the date of expiration as shown on the card.

Lsa 305.03 Licensed Landscape Architect Seal/Stamp.

(a) The board shall upon issuance of a license to an applicant as a licensed landscape architect require the licensee to acquire an impression type seal or rubber stamp of the design approved by these rules and submit the seal to the board for approval. This seal shall bear the licensee's name and number as shown on the license. This seal may be affixed on all plans, maps, and reports prepared by the licensee, but shall be affixed to all documents issued or filed for public record

(b) The seal shall consist of 2 concentric circles with the outer circle having a diameter of 1- 5/8 inches and the inner circle diameter of 1-1/4 inches. In the space between the circles, the top shall be the words "Licensed Landscape Architect" and at the bottom "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. The entire seal shall be encircled by 12 leaves bringing the outside diameter to 1 7/8 inches.

(c) The stamping or sealing of any documents by the licensee with the licensee's seal after the license has expired, has been suspended, revoked or surrendered voluntarily shall be a violation of these rules. The stamping or sealing of any documents by the licensee not prepared by the licensee personally or under the licensee’s direct supervision shall be a violation of these rules.

CHAPTER Lsa 400 CONTINUED STATUS

PART Lsa 401 RENEWAL OF LICENSE

Lsa 401.01 Expirations and Renewals. Pursuant to RSA 310A:154, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed enewal fee. The board shall notify each landscape architect one month prior to expiration of their license. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board.

Lsa 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 Lsa 301.03.

(d) Proof of completion of the continuing education requirements of
Lsa 403.

Lsa 401.03 Renewal Application. The applicant shall supply the following information on the application form for license renewal:

(a) The applicant’s full name;

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

(d) Documentation that the applicant has complied with the continuing education requirements of Lsa 403;

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

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

(g) Acknowledgment that the provision of materially false information in the application knowingly provided is a basis for denial.

(h) Acknowledgement that, if the applicant provided false information that is discovered after the license is renewed, it is a basis for disciplinary action by the board.

(i) The applicant’s signature and date.

Lsa 401.04 Denial of Renewal. Renewal shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Noncompliance with the continuing education requirements of Lsa 403.01;

(b) Any unethical act for which discipline shall be imposed under Lsa 500;

(d) Failure to furnish complete or accurate information on an initial or renewal license application; or

(e) Failure to file a renewal application within 12 months of license expiration.

Lsa 401.05 Reinstatement. A landscape architect whose license to practice landscape 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 shall include 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) Documentation that the applicant has complied with the continuing education requirements of Lsa 403;

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

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

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

(8) The names, complete addresses, occupation and business relationship with applicant of 3 references from licensed landscape architects as defined by RSA 310-A:141, I; and

(9) The applicant’s signature and date.

(b) Applicants shall submit the application and reinstatement fees as specified in Lsa 301.03.

Lsa 401.06 Denial of Reinstatement. Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Noncompliance with the continuing education requirements of Lsa 403.01;

(b) Any unethical act for which discipline shall be imposed under Lsa 500;

(d) Failure to furnish complete or accurate information on an initial or renewal license application.

PART Lsa 402 DISCIPLINARY MATTERS

Lsa 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.

Lsa 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:156, V.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the
disciplinary sanctions authorized by RSA 310-A:156, V 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 Lsa 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.

Lsa 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 Lsa 402.02 (e), such fines shall be assessed in accordance with the factors stated in Lsa 402.02 (e) 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.

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

Lsa 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 Lsa 403 CONTINUING PROFESSIONAL DEVELOPMENT

Lsa 403.01 Renewal Requirements

(a) 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/she has completed the minimum required hours of approved professional development hours required by 403.01 (b) and lists the specific basis for each credit.

(b) Each licensee shall obtain at least 30 continuing education hours of approved continuing education courses during the biennial renewal period as a condition of license renewal.

                     (c)        If a licensee exceeds the requirement, a maximum of 15 professional
                     development hours may be carried forward into the subsequent renewal period.

           Lsa 403.02     Reinstatement.   An applicant may bring an inactive license to active status by obtaining 15 additional continuing education hour units for a total of 45, but only upon payment of any and all outstanding renewal and reinstatement fees as specified in Lsa 301.03. Additional credits shall be for the current reinstatement period only; none may be carried over into the licensee’s subsequent biennial renewal period.

Lsa 403.03 Continuing Education Hour Requirements. Continuing education hours shall meet the following criteria:

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

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

(c) There shall be a provision for individual participant course/program registration including information required for record keeping and reporting.

Lsa 403.04 Continuing Education Hour Credits Continuing education hours shall be credited as follows:

(a) A maximum of 6 continuing education hours shall apply to activity on a state or national board of licensure;

(b) Courses/programs awarded one college semester hour of credit shall equal 45 continuing education hours based on course credit established by the college or university;

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

(e) Credit shall be awarded for one hour 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 hour units 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 hours 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 published landscape architecture text book shall equal 30 continuing education hours;

(h) Each published landscape architecture paper or article shall equal 2 continuing education hours with a maximum of 6 continuing education hours;

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

(j) Credit awarded for one patent shall equal 10 continuing education hours;

(k) Continuing education credits shall not be recognized for any repeat program attended or completed; and

(l) Active participation as a member or alternative of a planning board, zoning board of adjustment or conservation commission shall equal 6 continuing education hours.

Lsa 403.05 Record Keeping.

(a) The responsibility of maintaining records to be used to support credits claimed shall be the responsibility of the licensee.

(b) Records required shall contain at least the following documentation:

(1) A log showing the type of activity claimed, sponsoring organization, location, instructor’s or speaker’s name, and continuing education hours credits earned; and

(2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance such as:

(a) Signed attendance receipts;

(b) Paid receipts; or

(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 hours 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 Lsa. 403.01.

Lsa 403.06 Exemptions A licensee may be exempt from the continuing education educational requirements for any of the following reasons:

(a) A licensee 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 shall be exempt from obtaining the continuing education hours required during that year.

(b) Licensees experiencing disability, illness, or other extenuating circumstances which would prevent the licensee from completing the required continuing education hours shall apply in writing to the board for specific exemption. Relevant supporting documentation shall be furnished to the board when necessary for a fair and informed determination by the board.

Lsa 403.07 Waiver of Continuing Education Deadline. A waiver of continuing education deadlines shall be granted provided that a petition to that effect is filed at least 30 days before the expiration of the biennial renewal period in question or that late filing is justified by a showing of good cause. Good cause shall include accident, illness or other circumstances beyond the control of the licensee. No waiver petition shall be granted which does not propose a specific timetable for completing specific courses which will meet the petitioner’s continuing education deficiency.

Lsa 403.08 Noncompliance. Failure to submit documentation required per Lsa 403.03 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 Lsa 500 ETHICAL STANDARDS, PROFESSIONAL CONDUCT,

PART Lsa 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT

Lsa 501.01 Purpose and Scope

(a) To establish and maintain a high standard of integrity, skills and practice in the profession of landscape architecture, the following ethical standards/rules of professional conduct are adopted in accordance with RSA 310-A, and shall be binding upon every person holding a license issued by the board.

Lsa 501.02 Obligation To Obey

(a) The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall result in disciplinary sanctions.

(b) All persons licensed under RSA 310-A shall be considered to have knowledge of the existence of these ethical standards/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 landscape architecture is a privilege, as opposed to a right, and the licensee 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.

Lsa 501.03 Standards of Conduct.

(a) The licensee shall:

(1) Not attempt to practice in any professional field in which the licensee is not certified/registered/licensed or competent;

(2) Undertake only work for which the licensee is qualified by education and experience; and

(3) When serving as an expert or technical witness before any court, commission, or other tribunal, express an 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 and propriety of the testimony.

(b) The licensee shall:

(1) Clearly identify himself or herself, his or her employer, and in whose
interest he or she is working;

(2) Clearly define the scope of his/her responsibility in connection with work for which the landscape architect is claiming responsibility;

(3) Conscientiously avoid conflicts of interest or even the appearance of such conflicts,

(4) If despite such precaution, a conflict of interest is discovered, it shall be promptly and fully disclosed to the client/employer and the licensee shall be prepared to act immediately to resolve the conflict; and

(5) Disclose fully to the client any financial or purchase interest the licensee has in the land on which he or she is working.

(1) Not knowingly issue a false statement or false information;

(2) Advertise only in truthful manner, stating the services the licensee is qualified and prepared to perform;

(3) Not falsify or permit misrepresentation or exaggeration of the licensee's or the licensee's associates', academic or professional qualifications.

(4) Not misrepresent or exaggerate the licensee's degree of responsibility in, or for the subject matter of prior assignments;

(5) Not misrepresent pertinent facts in brochures or other presentations incident to the solicitation of employment concerning employers, employees, associates, joint ventures, or the licensee or their past accomplishments with the intent and purpose of enhancing the licensee's qualifications and work.

(6) Issue no statements, criticisms, or arguments on landscape architecture matters which are inspired or paid for by an interested party, or parties, unless such comments are prefaced by explicit identification of the licensee and by disclosing the identities of the party or parties on whose behalf the licensee is speaking

(7) Not attempt to injure by false statement or dishonest action either directly or indirectly, the professional reputation, prospects, or business of another; and

(8) Be objective and truthful in all professional reports, statements or testimony, and include only relevant and pertinent information in such reports, statements, or testimony.

(d) The licensee shall:

(1) Disclose fully all direct or indirect costs or obligations of services provided, by the licensee or under the licensee’s supervision, including hourly or daily rates and commissions;

(2) Provide complete services requested by client or disclose clearly thatsuch services cannot be provided;

(3) Not disclose information concerning the affairs of the landscape architect’s client without the client's express permission;

(4) Not accept compensation or expenses from more than one employer/client for the same service, unless the parties involved are informed and consent; and

(5) Not solicit or accept gratuities or referral fees directly or indirectly, from contractors, their agents, or other parties dealing with the licensee's client in connection with the work for which the licensee is responsible.

(e) The licensee shall:

(1) At all times in the performance of services, abide by applicable federal, state and municipal laws and regulations;

(2) When asked to practice landscape architecture which deviates from accepted professional standards, advise the client or employer in writing in advance of the known consequences of such deviation;

(3) While in public service as a member, advisor, or employee of a governmental body or department, not participate in considerations or actions with respect to private landscape architecture services provided by the licensee or by the licensee's organization

(4) Unless the circumstances are fully disclosed to all parties, not solicit or accept a landscape architecture contract from a government body on which a principal or officer of the licensee's organization serves as a member;

(5) Not contract for the completion of another licensee's contracted work unless reasonable effort has been made to consult with the prior licensee by letter sent via U.S. mail or electronic mail; and

(6) Not engage in or participate in professional or business practices of a fraudulent or dishonest nature.

(f) The licensee shall:

(1) Cooperate with investigations and requests for information from the board and the board’s representatives;

(2) Present information to the board of landscape architects for action, if the licensee has evidence of unprofessional conduct of another landscape architect provided that the licensee possesses reasonably clear evidence that such misconduct is occurring;

(3) If she/he possesses reasonably clear evidence that a person is practicing landscape architect without a license or otherwise violating RSA 310-A:140-160, report said person to the board;

(4) Submit only truthful and correct information in any application or other document filed with or statement made to the board;

(5) Inform the board of a principal business/home address to which all official board communications should be directed, and also of all addresses where he/she is practicing landscape architecture;

(6) Report to the board the establishment of a business/home address or the change or abandonment of a business/home address within 30 days; and

(7) Not engage in or participate in professional or business practices of a fraudulent or dishonest nature.

(g) The licensee shall

(1) Not sell nor permit the use of a seal to anyone, recognizing that the seal indicates the licensee’s personal responsibility for the work bearing the licensee’s seal and;

(2) Not affix a signature and/or seal to any map or document dealing with subject matter in which the licensee lacks competence by virtue of education and/or experience;

(3) Not affix the licensee’s signature and/or seal to any map or document not prepared by licensee or under the licensee's direct supervisory control;

(4) Affix seal to all plans, maps, reports submitted for regulatory approval prepared by the licensee; and

(5) 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.

PART Lsa 502 VOLUNTARY LICENSE SURRENDER

Lsa 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.

Lsa 502.02 Effect of Voluntary License Surrender.

(a) A licensee who voluntarily surrenders a license shall retain no right or privilege of a New Hampshire license unless such a right or privilege is expressly preserved in the board order or settlement agreement authorizing the voluntary surrender. Subject to such possible preservations, 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. Nor shall surrender of a license 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.

Lsa 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 in 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 specific 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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