US Laws, Codes, Statutes & Cases

This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

(Statutory Authority: 1976 Code 40-28-80)

74-1. Duties and Responsibilities of Landscape Architects Registration Council.

A. The Landscape Architects Registration Council (hereinafter "Council") shall perform administrative duties in accordance with the policies of the Landscape Architects Board of Registration (hereinafter "Board").

B. The Council shall administer all examinations.

C. The Council shall make recommendations on all applications for registration to the Board.

D. The Council shall recommend policies to the Board and put into effect those policies approved by the Board.

E. The Council shall serve as a liaison between the Board and all registered landscape architects. Among other things, the Council shall:

(1) Keep the registrants informed of Board Policies, services, activities, and procedures and answer any questions the registrants may have on these matters;

(2) Act as the representative of the registrants to the Board and present registrant proposals to the Board;

(3) Determine registrant reaction to proposed changes in policies, services, activities, and procedures;

(4) Enlist the support of registrants for proposed changes in policies, services, activities, and procedures;

(5) Initiate constructive changes to policies, services, activities, and procedures.

F. At the beginning of each year, the Council shall report to the Board on the important activities of the Council during the previous year and present any recommendations not previously forwarded to the Board.

74-2. Registration.

A. An applicant for registration as a landscape architect shall submit a completed application and non-refundable fee to the Board as follows:

(1) The application must be submitted on the forms approved by the Board;

(2) The completed application must be received in the office of the Board at least ninety (90) days prior to the date of the next scheduled examination, except that a person licensed by examination as a landscape architect in another state, in the District of Columbia, or in any territory or possession under the control of the United States and applying for an examination exemption may submit his application at any time;

(3) It shall be the responsibility of each applicant to insure that the Board receives all information and documents necessary for the Board to consider his application.

B. Every application for registration shall be endorsed by five persons, of whom three shall be persons actively registered as landscape architects. Each endorser must vouch for the applicant's methods of practice, experience, and qualifications.

C. No member of the Board or the Council may submit an endorsement for an applicant.

D. The Council shall determine by interview or other methods as deemed appropriate the qualifications of each applicant to take the exam on the basis of degree or experience. In determining qualifications by experience, Council shall require applicant to show proof of his/her abilities in understanding and interpreting codes and regulations, handicapped regulations, contract documents, grading, drainage, sediment and erosion control, planting design, environmental analysis, land planning, site design, facilities and detail design, irrigation, and other subjects deemed appropriate by the Council.

E. There are four methods of registration as a landscape architect:

(1) Degree/Experience/Examination -An applicant must:

(a) submit a certified transcript as proof of graduation from an accredited landscape architectural curriculum approved by the Board; and

(b) have two years varied landscape architectural experience under the supervision of a registered landscape architect or other qualified person approved by the Board; and

(c) submit a prescribed non-refundable fee with the application; and

(d) satisfactorily pass an examination prescribed by the Board.

(2) Experience/Examination -An applicant must:

(a) be a graduate of an accredited high school or have equivalent education as determined by the Board and, in addition, at least eight years of varied landscape architectural experience under the supervision of a registered landscape architect or other qualified person approved by the Board; and

(b) submit a prescribed non-refundable fee with the application; and

(c) satisfactorily pass an examination prescribed by the Board.

(3) RECIPROCITY/COMITY -Subject to the discretion of the Board, an applicant must:

(a) hold a license or certificate to practice landscape architecture issued to him upon written examination by a legally constituted board of examiners in any other state, the District of Columbia, or any territory or possession under the control of the United States, provided that the requirements of the state in which the applicant is registered are equivalent to those of this state; and

(b) submit a prescribed non-refundable fee.

(4) CLARB CERTIFICATION -Subject to the discretion of the Board, an applicant must:

(a) hold valid certification issued by the National Council of Landscape Architectural Registration Boards (CLARB); and

(b) submit a prescribed nonrefundable fee.

F. Where ever applicable, the Council shall make all determinations concerning the education, experience, methods of practice, and current professional ability of an applicant and report such determinations to the Board.

G. An applicant shall be notified within thirty days following a final determination by the Board concerning the approval or disapproval of an application.

H. Any applicant who fails to become registered because of an examination failure may reapply, submitting a new application and fee, for the next examination.

I. Any applicant who fails to become registered for any reason other than an examination failure may not reapply for registration until one year has elapsed from the date of the last action taken by the Board on that application.

J. The effective date of registration for a successful applicant shall be the date on which the applicant's completed registration form is approved by the Board.

K. SEALS AND RUBBER STAMPS

A Landscape Architect shall not affix, or permit to be affixed, his or her name or seal to any drawing, specification, or other document which was not prepared by him or under his personal supervision. No registrant shall affix his or her seal to any drawings, specification, or other document unless registrant has assumed the responsibility for the accuracy of the contract documents involved.

The seal of a Landscape Architect shall not be used in lieu of or substitute for the seal of an architect, engineer, or land surveyor.

74-3. Examination.

A. Examinations for landscape architect applicants shall be held each year on dates specified by the Council.

B. The Council shall approve and conduct all examinations or appoint qualified representatives to administer the examination.

C. The examination shall test the applicant's knowledge of landscape architecture, which is defined as the performance of professional services, such as consultation, investigation, research, planning, design, preparation of drawings and specifications and responsible inspection in connection with the development of land services in the preservation, enhancement or determination of proper site design, natural land features, planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, the setting of grades and determining drainage and providing for drainage structures, and the consideration and determination of environmental problems.

D. An applicant who fails the examination may, within fifteen days after he receives the results thereof, request permission to inspect his examination books.

(1) No applicant who passes the examination shall be permitted to inspect his examination books;

(2) All requests for permission to inspect examination books shall be in writing and addressed to the Chairman of the Board. Within thirty (30) days after the receipt of such request, the applicant shall be notified of the date, time, and place when inspection will be permitted;

(3) No applicant shall be permitted to copy or remove the examination questions, the sample answers, or his examination books;

(4) All examination papers shall remain the property of the Board;

(5) Examination results are not contestable.

E. Applicants must meet minimum registration requirements to be eligible to sit for this examination.

F. To pass the examination an applicant must achieve a passing grade on each section. Scores from the individual sections cannot be averaged. Candidates who have not received transfer credits as approved by this Board must initially take all sections.

74-4. Temporary Registration.

A. The Board may permit a person to practice landscape architecture on a temporary basis in South Carolina provided that applicant:

(1) Has an active landscape architect license.

(2) Presents satisfactory evidence that the state where applicant is licensed maintains a system and standard of qualifications and examinations for a landscape architect license which were substantially equivalent to those required in this State at the time the license was issued by the other state;

(3) Presents satisfactory evidence that the other state gives similar recognition and endorsement to landscape architect licenses of this State;

(4) Pays the prescribed fee for a temporary certificate.

B. This temporary permit shall be limited to a period not to exceed twelve months and shall only be issued for one project as described on the application. This twelve-month period shall include the time spent on the project in the applicant's home state or his branch office as well as the time spent in this State. If an applicant for a temporary permit wishes to practice for a period longer than 12 months or for more than one project, he shall apply for registration in accordance with the registration requirement of R. 75-2.

C. TEMPORARY LICENSE

A. Registrant granted temporary license will be issued a certificate outlining the specific job for which license was granted and time period covered. Holder is not permitted under the license to perform work outside the limitations of the license.

(1) No registration number will be issued, but a rubber stamp will be obtained by licensee which reads: "Temporary License issued by S. C. Landscape Architects Board of Registration, Exp. (date)." Signature of holder should be affixed below or across the stamped impression.

74-5. Certificates--Types and Fees.

Types and amounts of fees are set annually by the Board.

74-7. Records of Proceedings and Applications.

The secretary of the Board shall be responsible for keeping a record for the Board of Board's application proceedings and of all applications for registration, which records shall show the name, age and last known address of each applicant, the place of business of such applicant, his education, experience and other qualifications, type of examination required, whether or not a certificate of registration was granted, whether or not the applicant was denied a certificate of registration, the date of the action of the Board and such other information as may be deemed necessary by the Board, which record of the Board shall be prima facie evidence of the proceedings of the Board and a transcript thereof duly certified by the secretary under seal shall be admissible as evidence with the same force and effect as if the original were produced. These records shall be maintained in the offices of the Board.

74-8. Code of Ethics.

A. The Code of Ethics for Landscape Architects registered in this State is as follows:

(1) The right to practice landscape architecture is a personal right based upon the qualifications of the individual evidenced by his license. He shall not undertake to perform professional services unless qualified by education and experience in the specific realm of landscape architecture services rendered or proposed to his client or employer. A landscape architect may accept an assignment requiring education or experience outside of his own field of competence to the extent that his services are restricted to aspects of the project in which he is qualified. All other aspects shall be performed by qualified associates, consultants or employees;

(2) A landscape architect shall always promote the public interest and the preservation of the natural environment, placing these issues above gain to himself or to his client. If his professional judgement reveals evidence whereby the safety, health or welfare of the public could be endangered, he shall inform his client or employer of the possible consequences and notify such other proper authority of the situation as may be appropriate;

(3) A landscape architect shall not undertake any activity or employment, have any significant financial or other interests or accept any contribution if it would reasonably appear that such activity, employment, interests or contribution would compromise his professional judgment or prevent him from serving the best interest of his client or employer. A landscape architect shall make full disclosure to his client, employer, at the earliest possible opportunity, of any financial interest which even remotely bears upon his services and/or the project for which the services are being rendered. A landscape architect shall not appear before any agency or group or issue any public opinion at the request of a client or employer without so stating the relationship with his client;

(4) A landscape architect shall not give, lend or promise anything of value to any public official in order to influence or attempt to influence the official's judgment or actions on letting of design contracts;

(5) A landscape architect shall not attempt to obtain, offer to undertake, or accept a commission for which he knows another legally qualified individual or firm has been contracted until he has evidence that the latter agreement has been terminated;

(6) A landscape architect shall not indulge in exaggerated, misleading, or false advertising or publicity;

(7) The landscape architect shall not knowingly associate with or permit the use of his name or firm in a business venture by any person or firm which he knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature, or in violation of these rules and regulations;

(8) If the landscape architect has knowledge or reason to believe that another person or firm may be in violation of any of these provisions, he shall present such information to the Board in writing and shall cooperate with the Board in furnishing such further information or assistance as may be required by the Board.

B. Any violation of this Code of Ethics shall constitute a ground for disciplinary action.

74-9. Hearing Procedure.

A. An administrative hearing is available, following a timely request, for:

(1) The revocation or suspension of any registered landscape architect's license;

(2) Denial of registration to any person seeking registration under the provisions of this act.

(3) A challenge by an aggrieved party to the authority of the Board to promulgate a proposed regulation.

B. A hearing may be initiated by:

(1) An applicant who has been denied registration as specified in R. 74-9 (A) (2) provided that a written request is received within thirty days after notice is given to the applicant of the adverse action by the Board;

(2) The Council in seeking to revoke or suspend a landscape architect's license;

(3) An aggrieved party seeking to contest the authority of the Board to promulgate a regulation, provided that a written request for such a hearing is submitted to the Board prior to the final promulgation of the regulation.

C. Any person may request the Council to initiate a revocation or suspension hearing, in accordance with R. 74-9 (B) (2), provided that such request be submitted in written form, specifying the particular acts complained of, and verified under oath by the complaining person.

(1) The Council shall investigate all such requests received from the public and shall initiate a hearing whenever it finds that good cause exists to warrant such a hearing;

(2) If the Council determines that good cause does not exist for a hearing, it shall inform the complaining party in writing and explain the reasons for its decision.

D. All hearings shall be initiated on forms approved by the Board which shall give notice to all parties of the hearing.

(1) All parties must receive notice of not less than thirty days;

(2) The notice shall be sent by the Chairman of the Board;

(3) The notice shall include:

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

(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) A reference to the particular sections of the statutes and rules involved;

(d) A short and plain statement of the matters asserted. If the Board is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

E. All hearings shall be conducted by hearing officers appointed by the Board. Such hearing officers shall not be persons regularly engaged in matters involving the Council or Board other than the hearings considered by this Rule.

F. All hearings shall be conducted in accordance with the provisions of Act No. 176 of 1977.

G. The hearing officer may make the following determinations:

(1) In cases involving a revocation or suspension of a landscape architect's license, that no action should be taken, the license should be suspended for a specified amount of time, or the license should be revoked;

(2) In cases involving a denial of registration (4), that the person is or is not qualified for licensing;

(3) In cases involving a challenge to the authority of the Board to promulgate a particular regulation, that the Board either has or lacks such authority.

H. The recommendation of the hearing officer shall be mailed to all parties and submitted to the Board.

I. Within twenty days after receipt of the order, any party may appeal the hearing officer's decision to the Board.

(1) Such as appeal shall be in written form, addressed to the Chairman of the Board, and served upon all adverse parties;

(2) The notice of appeal shall list the grounds upon which the appeal is based.

J. If no appeal is received by the Board within the twenty-day period specified in "I" above, the recommendation of the hearing officer shall become a final order of the Board.

K. If an appeal is received, the Board shall send notice to both parties that the appealing party has thirty days to submit a brief. Following service of the appealing party's brief, the other party shall have thirty days to submit a brief. All briefs must be served on the opposing parties and filed with the Board.

L. Following receipt of all briefs, the Board shall schedule an oral argument if requested to do so by either party.

M. The request for an oral argument must be in writing, addressed to the Chairman of the Board, and submitted with that party's brief.

N. The oral argument shall be scheduled for the next regular Board meeting following the filing of the last brief.

O. The oral argument shall be heard by all members of the Board present at the Board meeting and shall be held in accordance with the following format:

(1) The appealing party shall be given twenty minutes to present his case;

(2) The opposing party shall be given twenty minutes to present his case;

(3) The appealing party shall be given a rebuttal period of five minutes.

P. The final order shall be issued by the Board, and the decision of the Board shall represent the view of a majority of the Board members voting on the appeal.

Q. The final order shall be written and shall comply with the provisions of Act No. 176 of 1977.

R. The final order of the Board may appealed to the circuit court as provided by Act No. 176 of 1977.

74-10. Declaratory Ruling.

A. Any person may petition the Board for a declaratory ruling as to the applicability of any statutory provision or of any rule or order of the Board.

B. Such a petition shall be in written form and addressed to the Chairman of the Council.

C. A decision on the petition shall be issued in written form within sixty days of receipt of the petition, provided that this period may be extended with the written approval of the petitioner.

74-11. Petition for Promulgation, Amendment, or Repeal of Rules.

A. Any interested person may petition the Board requesting the promulgation, amendment, or repeal of any rule.

B. This petition shall be in written form and addressed to the Chairman of the Council.

C. Within thirty days of receipt of the petition, the Board shall either deny the petition or initiate rule-making proceedings.

D. In any case where the Board denies the petition, it shall do so in written form and it shall state the reasons for its denial.

74-12. Handling of Complaints.

A. All complaints received by the Board in writing and signed will be investigated by the staff and considered by the Board, and the complaining party will be informed of the disposition of the matter addressed.

B. All anonymous and verbal complaints may be investigated and acted upon at the discretion of the Board.

C. The Board may instruct the Council or Program staff to handle certain routine complaints for which procedure has been established.