NRS 623A.143 Authorityof Board to grant or deny applications for certificates, revoke or suspendcertificates, hold membership in certain organizations and administerexaminations.

NRS 623A.147 Operationon basis of fiscal year.

NRS 623A.150 Depositand use of money collected by Board; delegation of authority concerningdisciplinary action; deposit of fines; claim for attorneys fees or cost ofinvestigation.

NRS 623A.160 Designationof Attorney General as legal adviser.

CERTIFICATION

NRS 623A.165 Practiceof landscape architecture or use of certain titles without certificateprohibited; issuance of certificate; contents of certificate.

NRS 623A.170 Application;qualifications of applicant; study equivalent to work experience; standards forexaminations; deadline for application.

NRS 623A.180 Actionof Board on application; notification of applicant.

NRS 623A.185 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Board. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 623A.185 Paymentof child support: Submission of certain information by applicant; grounds fordenial of certificate; duty of Board. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings and expires bylimitation 2 years after that date.]

NRS 623A.187 Creditingof work experience; applicant for certificate required to comply withrequirements for education and experience before taking examination.

NRS 623A.190 Examination.

NRS 623A.193 Issuanceof certificate of registration without examination.

NRS 623A.195 Seal:Design; use; unlawful acts.

NRS 623A.200 Renewalor reinstatement of certificate; issuance of renewal card; record of renewal;unlawful acts.

NRS 623A.210 Newcertificate required after failure to renew within 3 years.

NRS 623A.215 Renewalof certificate: Continuing education; regulations.

NRS 623A.220 Renewalof suspended certificate; reinstatement of revoked certificate.

NRS 623A.225 Issuanceof temporary certificate prohibited.

NRS 623A.230 Notificationof Executive Director upon change of address or if certificate is lost, stolen,destroyed or mutilated; duplicate certificate; regulations.

NRS 623A.240 Fees.

NRS 623A.250 Conditionsunder which association may practice landscape architecture; conditions underwhich landscape architects may form associations with certain other persons;association and certain owners responsible for violations.

NRS 623A.260 Conditionsunder which association may establish and operate branch offices.

LANDSCAPE ARCHITECT INTERNS

NRS 623A.263 Application;qualifications of applicant.

NRS 623A.267 Issuanceof certificate; supervision by holder of certificate of registration;expiration.

DISCIPLINARY ACTION

NRS 623A.270 Authorizedactions of Board; conditions of probation; orders imposing discipline deemedpublic records; private reprimands prohibited.

NRS 623A.280 Grounds.

NRS 623A.285 Suspensionof certificate for failure to pay support or comply with certain subpoenas orwarrants; reinstatement of certificate. [Expires by limitation 2 years afterthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 623A.290 Complaintagainst holder of certificate: Contents; filing.

NRS 623A.305 Considerationof complaint by President of Board; recommendation to Board; action by Board.

NRS 623A.310 Hearing:Procedure; rights of defendant; decision of Board. [Repealed.]

NRS 623A.320 Applicationfor rehearing. [Repealed.]

NRS 623A.330 Rehearing:Notice; procedure; decision of Board. [Repealed.]

NRS 623A.350 Limitationson complaints.

MISCELLANEOUS PROVISIONS

NRS 623A.351 Immunityfrom civil action.

NRS 623A.353 Confidentialityof certain records of Board; exceptions.

NRS 623A.3535 Confidentialityof records: Certain records relating to investigation deemed confidential;certain records relating to disciplinary action deemed public records.[Repealed.]

NRS 623A.355 Inclusionof number of certificate in advertising and business cards.

NRS 623A.357 Allegationand proof of registered or certified status in action for compensation.

PENALTIES; INJUNCTIVE RELIEF

NRS 623A.360 Penalty.

NRS 623A.365 Civilpenalty.

NRS 623A.370 Injunctiverelief; remedies cumulative.

_________

GENERAL PROVISIONS

NRS 623A.010 Legislativedeclaration. The practice of landscape architectureaffects the public welfare and is charged with the public interest andtherefore subject to protection and regulation by the State.

(Added to NRS by 1975, 1464)

NRS 623A.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS623A.030 to 623A.060, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1975, 1464; A 2001, 502)

NRS 623A.030 Boarddefined. Board means the State Board of LandscapeArchitecture.

(Added to NRS by 1975, 1464; A 2001, 502)

NRS 623A.033 Certificateof registration defined. Certificate of registrationmeans a certificate of registration issued by the Board to a landscape architectpursuant to the provisions of this chapter.

(Added to NRS by 2001, 497)

NRS 623A.035 Directsupervision defined. Direct supervisionmeans a critical examination and evaluation of the work product by a holder ofa certificate of registration, during and after the work product is prepared,to ensure that the work product complies with any applicable law or regulationconcerning the practice of landscape architecture.

(Added to NRS by 2001, 497)

NRS 623A.040 Instrumentsof service defined. Instruments of servicemeans the finalized drawings or specifications prepared by the holder of acertificate of registration.

(Added to NRS by 1975, 1464; A 2001, 502)

NRS 623A.050 Landscapearchitect defined. Landscape architectmeans any person who engages in the practice of landscape architecture.

(Added to NRS by 1975, 1465)

NRS 623A.055 Landscapearchitect intern defined. Landscape architectintern means a person who is issued a certificate to practice as a landscape architectintern pursuant to the provisions of this chapter.

(Added to NRS by 2001, 497)

NRS 623A.060 Practiceof landscape architecture defined. Practiceof landscape architecture means to provide or hold professional services outto the public, including, without limitation, services for consultation,investigation, reconnaissance, research, planning, design, preparation ofdrawings and specifications, and supervision, if the dominant purpose of theservices is for the:

1. Preservation, enhancement or determination ofproper land uses, natural land features, ground cover and planting,naturalistic and esthetic values, natural drainage, and the settings andapproaches to buildings, structures, facilities and other improvements; and

2. Consideration and determination of issues of theland relating to erosion, wear and tear, lighting characteristics, and designof landscape irrigation, lighting and grading.

The termincludes the location and arrangement of such tangible objects, structures andfeatures as are incidental and necessary to that dominant purpose, but does notinclude the design of structures or facilities with separate and self-containedpurposes for habitation or industry whose design is normally included in thepractice of architecture or professional engineering.

(Added to NRS by 1975, 1465; A 1995, 1048; 2001, 502)

NRS 623A.065 Goodmoral character. For the purposes of thischapter, a person has good moral character if he:

1. Has not been convicted of a felony, misdemeanor orgross misdemeanor that is directly related to the practice of landscapearchitecture;

2. Has not committed an act involving dishonesty,fraud, misrepresentation, breach of a fiduciary duty, gross negligence orincompetence while engaged in the practice of landscape architecture;

3. Is not incarcerated in a jail or prison at the timeof submitting an application for a certificate of registration or a certificateto practice as a landscape architect intern;

4. Has not committed fraud or misrepresentation inconnection with:

(a) The submission of an application for a certificateof registration or certificate to practice as a landscape architect intern; or

(b) The taking of one or more examinations pursuant tothe provisions of this chapter;

5. Has not had his certificate of registrationsuspended or revoked by the Board or in any other state or country;

6. Has not, in lieu of receiving disciplinary actionagainst him, surrendered a certificate of registration or certificate topractice as a landscape architect intern in this State or a certificate orlicense to practice landscape architecture issued in another state or country;

7. Has not engaged in the practice of landscapearchitecture in this State or in any other state or country without a licenseor certificate of registration or certificate to practice as a landscapearchitect intern within the 2 years immediately preceding the filing of anapplication for a certificate of registration or certificate to practice as alandscape architect intern pursuant to the provisions of this chapter; or

8. Has not, within the 5 years immediately precedingthe filing of an application specified in subsection 7, engaged inunprofessional conduct in violation of the regulations adopted by the Board.

(Added to NRS by 2001, 497; A 2003, 2703)

NRS 623A.070 Applicability.

1. This chapter does not apply to:

(a) Owners of property who make plans, specificationsor drawings for their own property.

(b) Any person engaged in the practice of architecturewho is registered pursuant to the provisions of chapter623 of NRS.

(c) A contractor licensed pursuant to the provisions ofchapter 624 of NRS who provides his owndrawings for his own construction activities.

(d) Any person who is licensed as a civil engineerpursuant to the provisions of chapter 625 ofNRS.

(e) Any person who designs, manufactures or sellsirrigation equipment and provides instructions pertaining to the mechanicalerection and installation of the equipment but does not install the equipment.

2. Any person exempted by the provisions of thissection is not thereby absolved from any civil or criminal liability that mightotherwise accrue.

3. The exemptions provided by this section do notentitle any person who does not hold a certificate of registration orcertificate to practice as a landscape architect intern to hold himself out tothe public or advertise himself as a landscape architect or a landscapearchitect intern.

(Added to NRS by 1975, 1469; A 1995, 1049; 1997,1037; 2001, 502)

STATE BOARD OF LANDSCAPE ARCHITECTURE

NRS 623A.080 Creation;number, appointment and qualifications of members; terms; oaths; removal;vacancies; immunity.

1. The State Board of Landscape Architecture,consisting of five members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Four members who, at the time of their appointment,are not the subject of any disciplinary action by the Board and who, for notless than 3 years immediately preceding their appointment, have been:

(1) Engaged in the practice of landscapearchitecture; and

(2) Holders of certificates of registration; and

(b) One member who is a representative of the generalpublic. This member must not be:

(1) A landscape architect or a landscapearchitect intern; or

(2) The spouse or the parent or child, by blood,marriage or adoption, of a landscape architect or a landscape architect intern.

3. Each member must have been a resident of this Statefor not less than 3 years immediately preceding his appointment.

4. A member of the Board shall not serve for more thanthree terms.

5. Each member of the Board shall, within 30 daysafter he is appointed, take and subscribe to the oath of office as prescribedby the laws of this State and file the oath with the Secretary of State.

6. The member who is a representative of the generalpublic shall not participate in preparing or grading any examination requiredby the Board.

7. Upon receipt of a complaint concerning a member ofthe Board and for good cause shown, the Governor may, after providing 10 daysnotice to the member and providing an opportunity for a hearing, remove themember for inefficiency, neglect of duty or malfeasance in office.

8. An appointment to fill a vacancy in the membershipof the Board for a cause other than expiration of the term must be for theunexpired portion of the term.

9. A member, agent or employee of the Board or anyhearing officer or member of a hearing panel appointed by the Board is immunefrom personal liability relating to any action taken in good faith and withinthe scope of his authority.

(Added to NRS by 1975, 1465; A 1977, 1248; 2001, 503; 2003, 1188)

NRS 623A.090 Compensationof members and employees.

1. Members of the Board are entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses, at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. Whileengaged in the business of the Board, each employee of the Board is entitled toreceive a per diem allowance and travel expenses at a rate fixed by the Board.The rate must not exceed the rate provided for state officers and employeesgenerally.

3. Any salary, per diem allowance or travel expensespaid pursuant to the provisions of this section must be paid from money kept ordeposited by the Board in accordance with the provisions of NRS 623A.150.

(Added to NRS by 1975, 1465; A 1981, 1991; 1989,1694; 2001, 503)

NRS 623A.100 Officers;duties of Executive Director.

1. At each annual meeting of the Board, the membersshall:

(a) Elect a President and a Secretary; and

(b) Appoint an Executive Director.

2. The President and the Secretary of the Board servewithout additional compensation.

3. The Executive Director must not be a member of theBoard and is entitled to a salary fixed by the Board.

4. The Executive Director shall:

(a) Keep an accurate record of all proceedings of theBoard;

(b) Maintain custody of the official seal;

(c) Maintain afile containing the names and addresses of all holders of certificates ofregistration and certificates to practice as a landscape architect intern;

(d) Submit tothe Board each application for a certificate of registration or certificate topractice as a landscape architect intern that is filed with the Board;

(e) If a holderof a certificate of registration or certificate to practice as a landscapearchitect intern has violated any provision of this chapter, file a complaintwith the Attorney General; and

(f) Perform any other duties assigned to him by theBoard.

(Added to NRS by 1975, 1465; A 1995, 1049; 2001, 503)

NRS 623A.110 Meetings;quorum.

1. The Board shall meet at least once each calendarquarter for the purpose of transacting its regular business and may meet at anyother time as the Board designates.

2. Special meetings of the Board must be called by theExecutive Director upon the written request of any member, by giving 20 dayswritten notice of the meeting and the time and place the meeting is to be heldto each member of the Board.

3. Three members of the Board constitute a quorum.

(Added to NRS by 1975, 1466; A 1979, 962; 1995, 1049)

NRS 623A.120 Employees:Hiring, compensation and reimbursement. TheBoard may:

1. Employ and fix the compensation for legal counsel,inspectors, special agents, investigators and clerical personnel necessary tothe discharge of its duties; and

2. Reimburse an employee specified in subsection 1 forany actual expenses incurred by the employee while acting on behalf of theBoard.

(Added to NRS by 1975, 1466; A 2001, 504)

NRS 623A.130 Duties. The Board shall:

1. Adopt an official seal.

2. Administer and enforce the provisions of thischapter.

3. Adopt regulations for the administration of thischapter.

4. Administer and conduct comprehensive examinationsof applicants, which must test the applicants fitness to engage in thepractice of landscape architecture.

(Added to NRS by 1975, 1466; A 1977, 87; 2001, 504)

NRS 623A.133 Codeof conduct; approval of code. The Board shallprepare and adopt a code of conduct for holders of certificates of registrationand holders of a certificate to practice as a landscape architect intern. Thecode must ensure the maintenance of a high standard of integrity, dignity andprofessional responsibility by members of the profession. Before adopting thecode, the Board shall send a copy of the proposed code to each holder of acertificate of registration and holder of a certificate to practice as alandscape architect intern. Each holder of a certificate of registration andholder of a certificate to practice as a landscape architect intern may vote onany provision included in the code. The Board may adopt each provision in thecode unless 25 percent or more of the holders of certificates of registrationvote against that provision.

(Added to NRS by 2001, 498; A 2003, 4)

NRS 623A.135 Recordsof certificates of registration and certificates to practice as landscapearchitect intern; inspection; sale. The Boardshall prepare and maintain a record of each certificate of registration andcertificate to practice as a landscape architect intern. The record mustinclude, without limitation, the name of the holder of the certificate ofregistration or the certificate to practice as a landscape architect intern,the address at which he resides and the number of his certificate ofregistration or certificate to practice as a landscape architect intern. TheBoard shall make the record available:

1. For inspection by each holder of a certificate ofregistration or certificate to practice as a landscape architect intern in amanner prescribed by the Board; and

2. For sale to a member of the general public who isnot a holder of a certificate of registration or certificate to practice as alandscape architect intern.

(Added to NRS by 2001, 498; A 2003, 4)

NRS 623A.140 Powers. In a manner consistent with the provisions of chapter 622A of NRS, the Board may:

1. Grant or refuse certificates after examination andrevoke or suspend a certificate or take any other disciplinary action set forthin NRS 623A.270 for any of the causesspecified in this chapter.

2. Take depositions and issue subpoenas for thepurpose of any hearing authorized by this chapter.

3. Establish reasonable educational requirements forapplicants.

4. Establish requirements for approval of schools oflandscape architecture.

(Added to NRS by 1975, 1466; A 1981, 97; 1995, 1050; 2005, 755)

NRS 623A.143 Authorityof Board to grant or deny applications for certificates, revoke or suspendcertificates, hold membership in certain organizations and administerexaminations. The Board may:

1. Grant or deny an application for a certificate topractice as a landscape architect intern after examination and revoke orsuspend a certificate to practice as a landscape architect intern or take anyother disciplinary action set forth in NRS623A.270 for any of the causes specified in this chapter;

2. Hold membership in any organization relating tolandscape architects or the practice of landscape architecture; or

3. Administer examinations on behalf of any nationalassociation of registered boards that certifies landscape architects.

(Added to NRS by 2001, 501)

NRS 623A.147 Operationon basis of fiscal year. The Board shalloperate on the basis of a fiscal year beginning on July 1 and ending on June30.

(Added to NRS by 2001, 498)

NRS 623A.150 Depositand use of money collected by Board; delegation of authority concerningdisciplinary action; deposit of fines; claim for attorneys fees or cost ofinvestigation.

1. All money coming into the possession of the Boardmust be kept or deposited by the Executive Director in an account in a bank,credit union or savings and loan association in this State.

2. Except as otherwise provided in subsection 6, allmoney collected by the Board must be used to pay the expenses of:

(a) Examinations and the issuance of certificates ofregistration and certificates to practice as a landscape architect intern; and

(b) Conducting the business of the Board.

3. The expenses, including the per diem allowances andtravel expenses of the members and employees of the Board while engaged in thebusiness of the Board and the expenses to conduct examinations, must be paidfrom the current receipts. No portion thereof may be paid from the StateTreasury.

4. Any balance remaining in excess of the expensesincurred may be retained by the Board and used to defray the future expenses ofthe Board.

5. In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate toa hearing officer or panel its authority to take any disciplinary actionpursuant to the provisions of this chapter, impose and collect fines and penaltiestherefor and deposit the money therefrom in an account maintained by the Boardin a bank, credit union or savings and loan association specified in subsection1.

6. If a hearing officer or panel is not authorized totake disciplinary action pursuant to the provisions of subsection 5 and theBoard deposits the money collected from the imposition of fines with the StateTreasurer for credit to the State General Fund, it may present a claim to theState Board of Examiners for recommendation to the Interim Finance Committee ifmoney is needed to pay attorneys fees or the costs of an investigation, orboth.

(Added to NRS by 1975, 1466; A 1995, 1050; 1999, 1528; 2001, 504; 2005, 755)

NRS 623A.160 Designationof Attorney General as legal adviser. TheAttorney General is the legal adviser of the Board, but the Board may employlegal counsel.

(Added to NRS by 1975, 1466)

CERTIFICATION

NRS 623A.165 Practiceof landscape architecture or use of certain titles without certificateprohibited; issuance of certificate; contents of certificate.

1. A person shall not engage in the practice oflandscape architecture or use the title of landscape architect or landscapearchitect intern unless he is issued a certificate of registration orcertificate to practice as a landscape architect intern by the Board pursuantto the provisions of this chapter.

2. If an applicant complies with the provisions ofthis chapter and is otherwise qualified to engage in the practice of landscapearchitecture, the Board shall, upon payment by the applicant of the applicablefees prescribed by the Board pursuant to the provisions of NRS 623A.240, issue to the applicant acertificate of registration or certificate to practice as a landscape architectintern. If a certificate of registration or certificate to practice as alandscape architect intern is issued after the beginning of the fiscal year,the Board may prorate the fee that the applicant must pay for that yearpursuant to those provisions.

3. Each certificate of registration must include thecomplete name of the holder of the certificate, the number of the certificate,and the signatures of the President and Secretary of the Board.

(Added to NRS by 2001, 501)

NRS 623A.170 Application;qualifications of applicant; study equivalent to work experience; standards forexaminations; deadline for application.

1. Any person who:

(a) Is at least 21 years of age;

(b) Is of good moral character;

(d) Has satisfied the requirements for education andexperience in landscape architecture, in any combination deemed suitable by theBoard,

may submitan application for a certificate of registration to the Board upon a form andin a manner prescribed by the Board. The application must be accompanied by theapplication fee prescribed by the Board pursuant to the provisions of NRS 623A.240 and all information requiredto complete the application.

2. Each year of study, not exceeding 5 years of study,satisfactorily completed in a program of landscape architecture accredited bythe Landscape Architectural Accrediting Board or a similar national boardapproved by the Board, or a program of landscape architecture in this Stateapproved by the Board, is considered equivalent to 1 year of experience inlandscape architectural work for the purpose of registration as a landscapearchitect.

3. The Board shall, by regulation, establish standardsfor examinations which may be consistent with standards employed by otherstates. The Board may adopt the standards of a national association ofregistered boards approved by the Board, and the examination and gradingprocedure of that organization, as they exist on the date of adoption.Examinations may include tests in such technical, professional and ethicalsubjects as are prescribed by the Board.

4. If the Board administers or causes to beadministered an examination during:

(a) June of any year, an application to take thatexamination must be postmarked not later than March 1 of that year; or

(b) December of any year, an application to take that examinationmust be postmarked not later than September 1 of that year.

(Added to NRS by 1975, 1466; A 1997, 2111; 2001, 505; 2005, 2701, 2807)

NRS 623A.180 Actionof Board on application; notification of applicant.

1. The Board shall approve or disapprove eachapplication. Except as otherwise provided in subsection 4, the Board shallapprove the application if the Board is satisfied that:

(a) The information set forth in the application istrue;

(b) The applicant is qualified to take the examination;

(d) The applicant has submitted all informationrequired to complete the application.

2. If the Board approves an application, the ExecutiveDirector shall promptly notify the applicant in writing of the approval and ofthe time and place of the examination, if required.

3. If theBoard disapproves an application, the Executive Director shall promptly notifythe applicant of the disapproval, stating the reasons therefor.

4. The Board may disapprove an application for anyviolation of the provisions of this chapter.

(Added to NRS by 1975, 1466; A 1977, 87; 1995, 1050;1997, 2111; 2001, 505;2005, 2702, 2807)

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a certificate ofregistration or certificate to practice as a landscape architect intern shallinclude the social security number of the applicant in the applicationsubmitted to the Board.

(b) An applicant for the issuance or renewal of acertificate of registration or certificate to practice as a landscape architectintern shall submit to the Board the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to the provisions of NRS 425.520.The statement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to the provisions of subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate of registration orcertificate to practice as a landscape architect intern; or

(b) A separate form prescribed by the Board.

3. A certificate of registration or certificate topractice as a landscape architect intern may not be issued or renewed by theBoard if the applicant:

(a) Fails to submit the statement required pursuant tothe provisions of subsection 1; or

(b) Indicates on the statement submitted pursuant tothe provisions of subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2110; A 2001, 506; 2005, 2702, 2807)

NRS 623A.185 Payment of child support: Submissionof certain information by applicant; grounds for denial of certificate; duty ofBoard. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings and expires by limitation 2 years after that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a certificate ofregistration or certificate to practice as a landscape architect intern shallsubmit to the Board the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant tothe provisions of NRS 425.520. Thestatement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to the provisions of subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate of registration orcertificate to practice as a landscape architect intern; or

(b) A separate form prescribed by the Board.

3. A certificate of registration or certificate topractice as a landscape architect intern may not be issued or renewed by theBoard if the applicant:

(a) Fails to submit the statement required pursuant tothe provisions of subsection 1; or

(Added to NRS by 1997, 2110; A 2001, 506; 2005, 2702, 2703, 2807, 2810, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 623A.187 Creditingof work experience; applicant for certificate required to comply withrequirements for education and experience before taking examination.

1. For the purpose of issuing a certificate ofregistration or a certificate to practice as a landscape architect internpursuant to the provisions of this chapter, the Board shall credit workexperience as follows:

(a) One hundred and thirty hours or more of work in thepractice of landscape architecture completed during a month is equal to 1 monthof work experience.

(b) Eighty-five hours or more but less than one hundredand thirty hours of work in the practice of landscape architecture completedduring a month is equal to one-half of a month of work experience.

2. The Board shall not grant credit for workexperience to an applicant for less than 85 hours of work experience in thepractice of landscape architecture completed during a month.

3. Before the Board may grant credit to an applicantfor work experience pursuant to the provisions of this section, the employer ofthe applicant must submit proof satisfactory to the Board that the applicantcompleted the work experience for which he wishes to receive credit.

4. Except as otherwise provided in this subsection,all work experience must be completed under the direct supervision of a holderof a certificate of registration. The Board may adopt regulations that providefor the granting of credit for not more than 1 year of work experiencecompleted under the direct supervision of a person who is licensed in aprofession other than the practice of landscape architecture.

5. Each applicant for a certificate of registration orcertificate to practice as a landscape architect intern must, before he takesone or more examinations required for the certificate, comply with therequirements for education and experience set forth in this chapter and anyregulations adopted by the Board.

(Added to NRS by 2001, 499)

NRS 623A.190 Examination.

1. The Board shall administer or cause to beadministered a written examination to each applicant for a certificate ofregistration or certificate to practice as a landscape architect intern.

2. The examination must be given at such times andplaces and under such supervision as the Board may determine.

3. The Board may include in the written examinationany theoretical or applied fields and ethical issues it deems appropriate todetermine professional skills and judgment.

4. The Board shall, by regulation, establish the gradethat is required to pass the written examination.

5. The written examination may be waived by the Boardif the applicant:

(a) Presents documentation that he has passed anexamination in another state or country that has been accepted as an equivalentby a national association of registered boards; or

(b) Has been certified by such an organization.

6. Written examination papers must be destroyed aftera certificate of registration is issued.

7. If the applicant fails to pass the writtenexamination or any part thereof, he may retake the examination or the partfailed in a subsequent examination upon the payment of the applicable feesprescribed by the Board pursuant to the provisions of NRS 623A.240.

(Added to NRS by 1975, 1467; A 1981, 780; 2001, 506)

NRS 623A.193 Issuanceof certificate of registration without examination. TheBoard may issue a certificate of registration without examination to a personwho submits evidence satisfactory to the Board that he:

1. Is licensed, registered or certified as a landscapearchitect in another jurisdiction if, as determined by the Board, thequalifications required for the license, registration or certification aresubstantially equivalent to the qualifications set forth in this chapter forthe issuance of a certificate of registration; and

2. Is otherwise qualified for a certificate ofregistration to engage in the practice of landscape architecture in this State.

(Added to NRS by 2001, 499)

NRS 623A.195 Seal:Design; use; unlawful acts.

1. Upon issuing a certificate of registration, theBoard shall issue to the holder of the certificate of registration a seal ofthe design authorized by the Board, bearing the name of the holder of thecertificate of registration, the number of his certificate of registration andthe title landscape architect.

2. A plan, specification, report or other documentissued by a holder of a certificate of registration for official use must besigned, sealed and dated on the title page by him with a permanently legibleimprint of his seal and signature. The Board may adopt regulations specifyingthe manner in which a holder of a certificate of registration mayelectronically transmit such a plan, specification, report or other document.

3. It is unlawful for a person to stamp or seal anyplan, specification, report or other document with the seal of a holder of acertificate of registration after his certificate of registration has expiredor has been suspended or revoked, unless the certificate of registration hasbeen renewed or reissued.

(Added to NRS by 2001, 500)

NRS 623A.200 Renewalor reinstatement of certificate; issuance of renewal card; record of renewal;unlawful acts.

1. Each certificate of registration expires on June 30next following the date of issuance.

2. A certificate of registration may be renewed for 1year from each succeeding July 1, upon submission of:

(a) The annualrenewal fee prescribed by the Board pursuant to the provisions of NRS 623A.240;

(b) Proof ofcompliance with the requirements established by the Board for continuingeducation for the renewal of the certificate of registration; and

3. Acertificate of registration that has expired through failure to be renewed maybe renewed at any time within 1 year after the date of its expiration upon applicationto and with the approval of the Board and upon payment of the annual renewalfee and the delinquency fee prescribed by the Board pursuant to the provisionsof NRS 623A.240.

4. A certificate of registration that has expired forfailure to be renewed within 1 year after the date of its expiration may bereinstated by the Board without examination within 3 years after the date thecertificate of registration expires upon application to and with the approvalof the Board and upon payment of:

(a) The annual renewal fee for each year, or partthereof, the certificate of registration is not renewed;

(b) Thedelinquency fee; and

5. If a holderof a certificate of registration submits to the Board the annual renewal fee,proof and information required pursuant to the provisions of subsection 2, orif the Board approves the renewal or reinstatement of a certificate of registrationpursuant to the provisions of subsection 3 or 4, the Executive Director of theBoard shall, upon receipt of the applicable fees, proof and information or uponreceipt of the approval of the Board, issue a renewal card to the applicant,indicating that his certificate of registration is renewed for 1 year. Therenewal card must bear the seal of the Board and include:

(a) The numberof the certificate of registration; and

(b) Thesignature of the President or Executive Director of the Board or a facsimile ofthat signature.

6. The renewalof a certificate of registration and the number of the certificate ofregistration must be recorded by the Executive Director of the Board in accordancewith the provisions of NRS 623A.135.

7. The unauthorized use or display of a certificate ofregistration or renewal card for that certificate of registration, or the sealof a holder of a certificate of registration, is unlawful.

(Added to NRS by 1975, 1467; A 1995, 1051; 1997,2112; 2001, 507; 2005, 2704, 2807)

NRS 623A.210 Newcertificate required after failure to renew within 3 years. If a certificate of registration has not been renewedwithin 3 years after its expiration, the holder of the certificate ofregistration may apply for and obtain a new certificate of registration if he:

1. Is otherwise eligible;

2. Pays all fees required by this chapter;

3. Passes an examination administered or approved bythe Board; and

4. Establishes to the satisfaction of the Board thathe is qualified to practice landscape architecture.

(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

NRS 623A.215 Renewalof certificate: Continuing education; regulations. TheBoard may, by regulation, require each holder of a certificate of registrationto complete a course of continuing education as a condition for the renewal ofhis certificate of registration. The regulations must include the number ofhours of continuing education that the holder of the certificate ofregistration must complete to renew his certificate.

(Added to NRS by 2001, 501)

NRS 623A.220 Renewalof suspended certificate; reinstatement of revoked certificate.

1. A suspended certificate of registration expiresunless it is renewed by the holder of the certificate of registration. Therenewal does not entitle the holder to engage in the practice of landscapearchitecture until the expiration of the suspension period or until the certificateof registration is reinstated by the Board.

2. A revoked certificate of registration expires andis not subject to renewal. If the certificate of registration is reinstatedafter its expiration, the holder of the certificate of registration shall paythe fee for reinstatement prescribed by the Board pursuant to the provisions ofNRS 623A.240.

(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

NRS 623A.225 Issuanceof temporary certificate prohibited. The Boardshall not issue a temporary certificate of registration or certificate topractice as a landscape architect intern.

(Added to NRS by 2001, 501)

NRS 623A.230 Notificationof Executive Director upon change of address or if certificate is lost, stolen,destroyed or mutilated; duplicate certificate; regulations.

1. A holder of a certificate of registration shallnotify the Executive Director in writing of any change of address of hisbusiness or residence and if the certificate of registration has been lost,stolen, destroyed or mutilated.

2. The Executive Director shall issue a duplicatecertificate of registration in accordance with regulations established by theBoard upon application and payment of the fee for replacement of a certificateof registration prescribed by the Board pursuant to the provisions of NRS 623A.240.

(Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

NRS 623A.240 Fees.

1. The following fees must be prescribed by the Boardand must not exceed the following amounts:

Applicationfee.................................................................................................. $200.00

Examinationfee.................................................................................................. 100.00,

plusthe actual

costof the

examination

Certificateof registration..................................................................................... 25.00

Annualrenewal fee............................................................................................. 200.00

Reinstatementfee................................................................................................ 300.00

Delinquencyfee.................................................................................................... 50.00

Change ofaddress fee.......................................................................................... 10.00

Copy of adocument, per page............................................................................ .25

2. In additionto the fees set forth in subsection 1, the Board may charge and collect a feefor any other service it provides. The fee must not exceed the cost incurred bythe Board to provide the service.

3. The Boardmay authorize a landscape architect intern to pay the application fee or anyportion of that fee during any period in which he is the holder of a certificateto practice as a landscape architect intern. If a landscape architect internpays the fee or any portion of the fee during that period, the Board shallcredit the amount paid by him towards the entire amount of the application feefor the certificate of registration required pursuant to this section.

4. The feesprescribed by the Board pursuant to this section must be paid in United Statescurrency in the form of a check, cashiers check or money order. If any checksubmitted to the Board is dishonored upon presentation for payment, repaymentof the fee, including the fee for a returned check in the amount established bythe State Controller pursuant to NRS353C.115, must be made by money order or certified check.

5. The fees prescribed by the Board pursuant to thissection are nonrefundable.

(Added to NRS by 1975, 1468; A 1979, 962; 1987, 146;1995, 1051; 2001, 508;2003, 20thSpecial Session, 219)

1. A firm, partnership, corporation or association mayengage in the practice of landscape architecture if:

(a) All work is performed under the supervision anddirection of a holder of a certificate of registration;

(b) The name of the holder of a certificate ofregistration appears in the name of the firm, partnership, corporation orassociation;

(c) The name of the holder of the certificate ofregistration appears on all papers or documents used in the practice oflandscape architecture; and

(d) All instruments of service are signed by the holderof the certificate of registration.

2. Architects,registered interior designers, residential designers, professional engineersand landscape architects may, in accordance with NRS 623.349, join or form a partnership,corporation, limited-liability company or other business organization orassociation with registrants and licensees outside of their field of practice,or with persons who are not registered or licensed.

3. Each officeor place of business of any partnership, corporation, limited-liability companyor other business organization or association engaged in the practice oflandscape architecture pursuant to the provisions of subsection 2 shall have alandscape architect who is a resident of this State and holds a certificate ofregistration issued pursuant to this chapter regularly working in the office orplace of business and directly responsible for the administration of thelandscape architectural work conducted in the office or place of business.

4. Aregistrant or licensee practicing in a business organization or associationpursuant to subsection 2 remains subject to NRS89.220.

5. If a person who is not a holder of a certificate ofregistration, or if a holder of a certificate of registration who is not anowner, and who is employed by or affiliated with a business organization orassociation that holds a certificate issued pursuant to NRS 623.349 is found by the Board to haveviolated a provision of this chapter or a regulation adopted by the Board, theBoard may hold the business organization or association and each holder of acertificate of registration who is an owner responsible for the violation.

(Added to NRS by 1975, 1467; A 1997, 1407; 2001, 509)

NRS 623A.260 Conditionsunder which association may establish and operate branch offices.

1. A firm, partnership, corporation or associationengaged in the practice of landscape architecture may, upon the approval of theBoard, establish and operate branch offices within this State.

2. A branch office must be operated by a residentlandscape architect who holds a certificate of registration.

3. Offices established for the purpose of observingconstruction work on a project are considered branch offices.

(Added to NRS by 1975, 1468; A 2001, 510)

LANDSCAPE ARCHITECT INTERNS

NRS 623A.263 Application;qualifications of applicant.

1. Any person who:

(a) Is at least 21 years of age;

(b) Is of good moral character;

(d) Has graduated from a school approved by the Boardor has completed at least 4 years of work experience in the practice oflandscape architecture in accordance with regulations adopted by the Board,

may submitan application to the Board for a certificate to practice as a landscapearchitect intern.

2. The application must be submitted on a formfurnished by the Board and include:

(a) The applicable fees prescribed by the Boardpursuant to the provisions of NRS 623A.240;and

(b) All information required to complete theapplication.

(Added to NRS by 2001, 499; A 2005, 2705)

NRS 623A.267 Issuanceof certificate; supervision by holder of certificate of registration;expiration.

1. The Board shall issue a certificate to practice asa landscape architect intern to any person who is qualified pursuant to theprovisions of NRS 623A.263 and whopasses an examination or any portion of an examination required by the Board.

2. Such a person may engage in the practice of landscapearchitecture only under the direct supervision of a holder of a certificate ofregistration. Any work performed by the person as a landscape architect internmay be credited toward the requirements for a certificate of registration inaccordance with regulations adopted by the Board.

3. A certificate to practice as a landscape architectintern expires on June 30 and may be renewed for 1 year from each succeedingJuly 1 in accordance with regulations adopted by the Board and upon the paymentof the annual renewal fee prescribed by the Board pursuant to the provisions ofNRS 623A.240.

(Added to NRS by 2001, 500)

DISCIPLINARY ACTION

NRS 623A.270 Authorizedactions of Board; conditions of probation; orders imposing discipline deemedpublic records; private reprimands prohibited.

1. The Board may:

(a) Suspend or revoke a certificate of registration orcertificate to practice as a landscape architect intern;

(b) Refuse to renew a certificate of registration orcertificate to practice as a landscape architect intern;

(c) Place a holder of a certificate of registration orcertificate to practice as a landscape architect intern on probation;

(d) Issue a public reprimand to a holder of acertificate of registration or certificate to practice as a landscape architectintern;

(e) Impose upon a holder of a certificate ofregistration or certificate to practice as a landscape architect intern a fineof not more than $5,000 for each violation of this chapter;

(f) Require a holder of a certificate of registrationor certificate to practice as a landscape architect intern to pay restitution;or

(g) Take such other disciplinary action as the Boarddeems appropriate,

if theholder of a certificate of registration or certificate to practice as alandscape architect intern has committed any act set forth in NRS 623A.280.

2. The conditions for probation imposed pursuant tothe provisions of subsection 1 may include, without limitation:

(a) Restriction on the scope of professional practice;

(b) Peer review;

(d) The payment of restitution to each person whosuffered harm or loss; and

(e) The payment of all costs of the administrativeinvestigation and prosecution.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

4. The Board shall not issue a private reprimand to aholder of a certificate of registration or certificate to practice as alandscape architect intern.

5. The Board may adopt regulations setting forth aschedule of fines for the purposes of paragraph (e) of subsection 1.

(Added to NRS by 1975, 1469; A 1995, 1052; 2001, 510; 2003, 3421)

NRS 623A.280 Grounds.

1. The following acts, among others, constitute causefor disciplinary action:

(a) A holder of a certificate of registration hassigned or sealed instruments of service which were not prepared by him or underhis direct supervision.

(b) A holder of a certificate of registration haspermitted the use of his signature or seal by another person to evade theprovisions of this chapter or any regulation adopted by the Board.

(d) A holder of a certificate of registration orcertificate to practice as a landscape architect intern impersonates alandscape architect or landscape architect intern of the same or similar name.

(e) A holder of a certificate of registration orcertificate to practice as a landscape architect intern practices under anassumed, fictitious or corporate name.

(f) A holder of a certificate of registration orcertificate to practice as a landscape architect intern practices landscapearchitecture in violation of the provisions of this chapter or any regulationadopted by the Board.

(g) A holder of a certificate of registration orcertificate to practice as a landscape architect intern has obtained hiscertificate of registration or certificate to practice as a landscape architectintern by fraud or misrepresentation.

(h) A holder of a certificate of registration orcertificate to practice as a landscape architect intern is guilty of fraud ordeceit in the practice of landscape architecture.

(i) A holder of a certificate of registration orcertificate to practice as a landscape architect intern is guilty ofincompetency, negligence or gross negligence.

(j) A holder of a certificate of registration orcertificate to practice as a landscape architect intern is convicted of orenters a plea of nolo contendere to any crime an essential element of which isdishonesty or which is directly related to the practice of landscape architecture.

(k) A holder of a certificate of registration orcertificate to practice as a landscape architect intern is guilty of aiding orabetting any person in the violation of the provisions of this chapter or anyregulation adopted by the Board.

(l) A person practices as a landscape architect with acertificate of registration or certificate to practice as a landscape architectintern that has expired or has been suspended or revoked.

(m) A holder ofa certificate of registration or certificate to practice as a landscapearchitect intern is disciplined by an agency of another state or foreigncountry which regulates the practice of landscape architecture and at least oneof the grounds for the disciplinary action taken is a ground for disciplinaryaction pursuant to the provisions of this chapter.

(n) A holder ofa certificate of registration or certificate to practice as a landscapearchitect intern fails to comply with an order issued by the Board or to cooperatein an investigation conducted by the Board.

2. As used inthis section:

(a) Grossnegligence means conduct that demonstrates a reckless disregard of theconsequences affecting the life or property of another person.

(b) Incompetencymeans conduct that, in the practice of landscape architecture, demonstrates asignificant lack of ability, knowledge or fitness to discharge a professionalobligation.

(c) Negligence means a deviation from the normalstandard of professional care exercised generally by other members in thepractice of landscape architecture.

(Added to NRS by 1975, 1469; A 1995, 1052; 2001, 511; 2003, 2703; 2005, 756)

1. If the Board receives a copy of a court orderissued pursuant to the provisions of NRS425.540 that provides for the suspension of all professional, occupationaland recreational licenses, certificates and permits issued to a person who isthe holder of a certificate of registration or certificate to practice as alandscape architect intern, the Board shall deem the certificate ofregistration or certificate to practice as a landscape architect intern issuedto that person to be suspended at the end of the 30th day after the date onwhich the court order was issued unless the Board receives a letter issued tothe holder of the certificate of registration or certificate to practice as alandscape architect intern by the district attorney or other public agencypursuant to the provisions of NRS 425.550stating that the holder of the certificate of registration or certificate topractice as a landscape architect intern has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to the provisions of NRS 425.560.

2. The Board shall reinstate a certificate ofregistration or certificate to practice as a landscape architect intern thathas been suspended by a district court pursuant to the provisions of NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to theprovisions of NRS 425.550 to the personwhose certificate of registration or certificate to practice as a landscapearchitect intern was suspended stating that the person whose certificate ofregistration or certificate to practice as a landscape architect intern wassuspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to the provisions of NRS425.560.

(Added to NRS by 1997, 2111; A 2001, 512; 2005, 2807, 2810)

NRS 623A.290 Complaintagainst holder of certificate: Contents; filing.

1. The Board, any member of the Board or any otherperson who becomes aware that any one or more of the grounds for initiatingdisciplinary action may exist as to a holder of a certificate of registrationor certificate to practice as a landscape architect intern may file a complaintspecifying the relative facts with the Executive Director of the Board.

2. A complaint must be made in writing and be signedand verified by the person making it.

(Added to NRS by 1975, 1468; A 1995, 1053; 2001, 512)

NRS 623A.305 Considerationof complaint by President of Board; recommendation to Board; action by Board.

1. When a complaint is filed with the ExecutiveDirector of the Board, it must be considered by the President of the Board or amember of the Board designated by him. If it appears to the President or theperson designated by him that further proceedings are warranted, he shallreport the results of his investigation together with his recommendation to theBoard in a manner which does not violate the right of the person charged in thecomplaint to due process in any later hearing on the complaint.

2. The Board shall promptly make a determination withrespect to each complaint reported to it by the President or a persondesignated by him and shall dismiss the complaint or proceed with disciplinaryaction pursuant to chapter 622A of NRS.

(Added to NRS by 1995, 1048; A 2005, 757)

NRS 623A.310 Hearing:Procedure; rights of defendant; decision of Board. Repealed. (Seechapter 225, Statutesof Nevada 2005, at page 807.)

NRS 623A.320 Applicationfor rehearing. Repealed. (See chapter 225, Statutes of Nevada 2005,at page 807.)

NRS 623A.330 Rehearing:Notice; procedure; decision of Board. Repealed.(See chapter 225, Statutesof Nevada 2005, at page 807.)

NRS 623A.350 Limitationson complaints.

1. Except as otherwise provided in subsection 2, acomplaint must not be filed against the holder of a certificate of registrationor certificate to practice as a landscape architect intern if 2 years or morehave elapsed since the occurrence of the act or omission alleged as the groundfor disciplinary action.

2. If the act or omission alleges fraud ormisrepresentation, the complaint must be filed within 2 years after thediscovery of the fraud or misrepresentation.

(Added to NRS by 1975, 1469; A 2001, 513)

MISCELLANEOUS PROVISIONS

NRS 623A.351 Immunityfrom civil action. In addition to any otherimmunity provided by the provisions of chapter622A of NRS:

1. Any person who, in good faith and without maliciousintent, provides information concerning a holder of a certificate ofregistration or certificate to practice as a landscape architect intern or anapplicant for a certificate of registration or certificate to practice as alandscape architect intern is immune from any civil action for providing thatinformation.

2. Any person who assists the Board in theinvestigation or prosecution of an alleged violation of a provision of thischapter, a proceeding concerning the issuance or renewal of a certificate ofregistration or certificate to practice as a landscape architect intern or acriminal prosecution is immune from any civil liability for:

(a) Any decision or action taken in good faith andwithout malicious intent in response to information acquired by the Board; and

(b) Disseminating information concerning a holder of acertificate of registration or certificate to practice as a landscape architectintern or an applicant for a certificate of registration or certificate topractice as a landscape architect intern to:

(1) Any other licensing board;

(2) A national association of registered boards;

(3) An agency of this State or the FederalGovernment;

(4) The Attorney General; or

(5) Any law enforcement agency.

(Added to NRS by 2001, 500; A 2005, 757)

NRS 623A.353 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, arecord of the Board that relates to an employee of the Board or an examinationadministered by the Board is confidential.

2. The records described in this section may bedisclosed, pursuant to procedures established by regulation of the Board, to:

(a) A court;

(b) An agency of the Federal Government;

(d) A political subdivision of this State; or

(e) Any other related professional board ororganization.

3. The Board may report to any other relatedprofessional board and organization the score of an applicant on an examinationadministered by the Board.

4. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

5. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all other documents and information considered by the Boardwhen determining whether to impose discipline are public records.

6. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents orother information to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 2001, 498; A 2005, 758)

NRS 623A.3535 Confidentialityof records: Certain records relating to investigation deemed confidential;certain records relating to disciplinary action deemed public records. Repealed.(See chapter 225, Statutesof Nevada 2005, at page 807.)

NRS 623A.355 Inclusionof number of certificate in advertising and business cards. All advertising by or business cards of a holder of acertificate of registration must include the number of his certificate ofregistration.

(Added to NRS by 1995, 1048; A 2001, 513)

NRS 623A.357 Allegationand proof of registered or certified status in action for compensation. No person may bring or maintain any action in the courtsof this State for the collection of compensation for the performance of any actor contract for which a certificate of registration or certificate to practiceas a landscape architect intern is required by this chapter without allegingand proving that the plaintiff in the action was registered pursuant to theprovisions of this chapter at all times during the performance of the act orcontract.

(Added to NRS by 2001, 501)

PENALTIES; INJUNCTIVE RELIEF

NRS 623A.360 Penalty. Any person who:

1. Violates any of the provisions of this chapter;

2. Having had his certificate of registration orcertificate to practice as a landscape architect intern suspended or revoked,continues to solicit business or otherwise represent himself as a landscapearchitect or landscape architect intern;

3. Engages in the practice of landscape architecturewithout holding a certificate of registration or certificate to practice as alandscape architect intern; or

4. Uses the title or term landscape architect,landscape designer, landscape consultant, landscape draftsman orlandscape architect intern, or any other title or term indicating or implyingthat he is a landscape architect or landscape architect intern, in any sign,card, listing, advertisement or in any other manner without holding acertificate of registration or certificate to practice as a landscape architectintern,

is guilty ofa misdemeanor.

(Added to NRS by 1975, 1470; A 1995, 1054; 2001, 513)

NRS 623A.365 Civilpenalty.

1. In addition to any other penalty provided by law, aperson who violates any provision of this chapter or any regulation adopted bythe Board is subject to a civil penalty of not more than $5,000 for eachviolation. Any such penalty must be imposed by the Board at a hearing conductedpursuant to the provisions of chapter 622Aof NRS.

2. If a person does not pay a civil penalty imposedpursuant to subsection 1 within 60 days after the order of the Board becomesfinal, the order may be executed upon in the same manner as a judgment issuedby a court.

(Added to NRS by 1995, 1048; A 2005, 758)

NRS 623A.370 Injunctiverelief; remedies cumulative.

1. A violation of a provision of this chapter by aperson:

(a) Unlawfullyrepresenting himself as a landscape architect, landscape designer, landscapeconsultant, landscape draftsman or landscape architect intern, or using anyother title or term indicating or implying that he is a landscape architect orlandscape architect intern; or

(b) Engaging in the practice of landscape architecture,

withoutholding a certificate of registration or certificate to practice as a landscapearchitect intern, may be enjoined by a district court on petition by the Presidentof the Board in the name of the Board. In any such proceeding, it is notnecessary to show that any person is individually injured.

2. If the respondent in a proceeding specified insubsection 1 is found guilty of:

(b) Engaging in the practice of landscape architecture,

withoutholding a certificate of registration or certificate to practice as a landscapearchitect intern, the court shall enjoin him from continuing thatrepresentation, usage or practice. The procedure in such cases must be the sameas in any other application for an injunction. The remedy by injunction is inaddition to any criminal prosecution and punishment or any disciplinary actiontaken by the Board.

(Added to NRS by 1975, 1470; A 1995, 1054; 2001, 514)

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