2005 Idaho Code - 54-3003 — QUALIFICATIONS -- EXAMINATIONS -- BOARD -- LICENSES -- FEES -- ENDORSEMENT -- EXEMPTIONS -- INDIVIDUALS, PARTNERSHIPS AND CORPORATIONS -- RESTRICTION ON USE OF NAME -- SEAL

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 30
                       LANDSCAPE ARCHITECT REGISTRATION
                              AND LICENSING ACT
    54-3003.  QUALIFICATIONS -- EXAMINATIONS -- BOARD -- LICENSES -- FEES --
ENDORSEMENT -- EXEMPTIONS -- INDIVIDUALS, PARTNERSHIPS AND CORPORATIONS --
RESTRICTION ON USE OF NAME -- SEAL. (1) Application and practice. In order to
safeguard human health and property, and to promote the public welfare, any
person in either public or private capacity practicing or offering to practice
landscape architecture, shall be required to submit evidence of qualifications
to practice and shall be issued a license under the provisions of this
chapter.
    (2)  Qualifications. For licensure as a landscape architect, evidence must
be submitted to the board that the applicant:
    (a)  Is eighteen (18) years of age or older;
    (b)  Has graduated from a college or school of landscape architecture
    approved by the board. In lieu of graduation from an approved college or
    school of landscape architecture, an applicant may present evidence of at
    least eight (8) years of actual, practical experience in landscape
    architecture of a grade and character satisfactory to the board, as
    established by rule, that the applicant is competent to practice landscape
    architecture; and
    (c)  Has successfully passed an examination approved by the board.
    (3)  Examinations. The board shall adopt rules covering the subjects and
scope of the examinations. Every applicant for license as a landscape
architect shall be required, in addition to all other requirements, to
establish by written examination his competency to plan, design, specify and
supervise the installation and construction of landscape architectural
projects. Each written examination may be supplemented by such oral
examinations as the board may determine.
    (4)  The board.
    (a)  There is hereby created in the department of self-governing agencies
    an Idaho state board of landscape architects. The board shall consist of
    three (3) landscape architects. Members of the board shall be appointed by
    the governor and must be residents of this state, have the qualifications
    of landscape architects required by this chapter, and after the initial
    board is organized be licensed hereunder. The terms of the members of the
    board shall be for four (4) years. Each member shall hold office until the
    appointment and qualification of his successor. Vacancies occurring prior
    to the expiration of the term shall be filled by appointment in like
    manner for the unexpired term.
    (b)  The board shall have, in addition to the powers set forth elsewhere
    in this chapter, the following powers and duties:
         (i)   To authorize, by written agreement, the bureau of occupational
         licenses to act as agent in its interest, and to make such rules as
         shall be necessary in the performance of its duties;
         (ii)  To adopt rules of professional responsibility;
         (iii) To adopt rules requiring the completion of continuing education
         by each licensee on an annual basis;
         (iv)  The board, or its duly appointed hearing officer, shall have
         the power in any disciplinary proceeding against a licensee under
         this chapter, to administer oaths, take depositions of witnesses
         within or outside of the state in the manner provided by law in civil
         cases, and to apply to any district court of this state for a
         subpoena to require the attendance of such witnesses and the
         production of such books, records and papers as the board deems
         necessary in a disciplinary proceeding against a licensee. The fees
         and mileage of the witnesses shall be the same as that allowed in the
         district courts in criminal cases, which fees and mileage shall be
         paid in the same manner as other board expenses. In any case of
         disobedience to, or neglect of, any subpoena or subpoena duces tecum
         served upon any person, or refusal of any witness to testify to any
         matter about which he may lawfully be interrogated, it shall be the
         duty of any district court in this state on application by the board
         to compel compliance with the subpoena by conducting proceedings for
         contempt, as in the case of disobedience of the requirements of a
         subpoena issued from such court or for refusal to testify therein.
         The licensed person accused in such proceedings shall have the same
         right of subpoena.
    (c)  The board shall elect, at its first meeting of every calendar year, a
    chairman from its members. In carrying out the provisions of this chapter,
    all members of the board shall be compensated as provided by section
    59-509(m), Idaho Code. Payment of travel and other expenses shall be made
    from the occupational licenses fund.
    (5)  Renewal and reinstatement -- Revenue.
    (a)  All licenses issued under the provisions of this chapter shall be
    subject to annual renewal and shall expire unless renewed in the manner
    prescribed by the board regarding applications for renewal, continuing
    education, and fees. License renewal and reinstatement shall be in
    accordance with section 67-2614, Idaho Code.
    (b)  Amounts. The amount of fees shall be as determined by the board
    within the following stated limits:
         (i)   The application fee not to exceed one hundred dollars ($100).
         (ii)  The fee for examination to be established by board rule not to
         exceed that charged by the council of landscape architectural
         registration board plus a fifty dollar ($50.00) processing fee. The
         board may recover the actual costs associated with an applicant's
         review of a failed examination.
         (iii) The fee for an original license and the annual license fee not
         to exceed two hundred dollars ($200).
    (c)  Refund. Fees shall be nonrefundable.
    (d)  Deposit. All fees received under the provisions of this chapter shall
    be deposited in the state treasury to the credit of the occupational
    licenses fund and all costs and expenses incurred by the board under the
    provisions of this chapter shall be a charge  against and paid from said
    fund for such purposes, and the funds collected hereunder shall be
    immediately available for the administration of this chapter, the
    provisions of any other law notwithstanding. In no instance will the
    occupational licenses fund be obligated to pay any claims that in
    aggregate with claims already paid exceed the income to the occupational
    licenses fund which has been derived by the application of this chapter.
    (e)  Appropriation. The money paid into the occupational licenses fund is
    continuously appropriated to the board for expenditure in the manner
    prescribed herein to defray the expenses of the board and in carrying out
    and enforcing the provisions of this chapter.
    (6)  Endorsement provisions. The board may approve for licensure:
    (a)  An individual with a current council of landscape architecture
    registration board (CLARB) certification; or
    (b)  With limited examination an applicant who is legally registered or
    licensed as a landscape architect in any other state or country whose
    requirements for registration or licensure are at least substantially
    equivalent to the requirements of this state.
    (7)  Exemptions.
    (a)  None of the provisions of this chapter shall prevent employees of
    those lawfully practicing as landscape architects from acting under the
    instruction, control or supervision of their employers.
    (b)  None of the provisions of this chapter shall apply to the business
    conducted in this state by any land use planner, horticulturist,
    nurseryman, or landscape nurseryman, gardener, landscape gardener,
    landscape designer, or landscape contractor, as these terms are generally
    used, or any other person, including, but not limited to, their right to
    plan and supervise in connection therewith, except that no such person
    shall use the designation "landscape architect," "landscape architecture,"
    or any description tending to convey the impression that they are a
    licensed landscape architect unless they are registered as provided in
    this chapter.
    (c)  This chapter shall not apply to architects, professional engineers,
    geologists, and land surveyors, licensed to practice their respective
    professions.
    (8)  This chapter applies to individuals only.
    (a)  All licenses shall be issued to individuals only but nothing
    contained in this chapter shall prevent a duly licensed landscape
    architect from rendering professional services for a corporation, firm,
    partnership or association.
    (b)  Partners. Each partner in a partnership of landscape architects shall
    be licensed to practice landscape architecture or to provide allied
    professional services as defined in section 30-1303, Idaho Code. Subject
    to this requirement, a partnership of landscape architects may use a
    partnership name if such name consists of:
         (i)   The names of two (2) or more landscape architects.
         (ii)  The names of one (1) or more landscape architects and one (1)
         or more professional engineers or architects.
    (c)  Any person applying to the official of any county or city for a
    business license to practice landscape architecture shall at the time of
    such application exhibit to such official satisfactory evidence that such
    applicant possesses a current Idaho license. The business license shall
    not be granted until such evidence is presented, any contrary provision of
    any special act or general act notwithstanding.
    (9)  Qualifications for practice -- Seal:
    (a)  No person shall use the designation "landscape architect" or
    "landscape architecture" or advertise any title or description tending to
    convey the impression that the person is a landscape architect, or
    practicing landscape architecture, unless such person is a licensed
    landscape architect. Every holder of a license shall display it in the
    principal office, place of business or place of employment.
    (b)  Every landscape architect shall have a seal approved by the board,
    which shall contain the name of the landscape architect and the words
    "Licensed Landscape Architect, State of Idaho," and such other words or
    figures as the board may deem necessary and prescribe.
         (i)   The seal may be a rubber stamp or an electronically applied
         seal. Whenever the seal is applied, the licensee's written signature
         and the date shall be adjacent to or across the seal. The seal,
         signature and date shall be placed on all final reports, drawings and
         title pages of specifications, design information and calculations.
         Whenever presented to a client or to the public, such documents that
         are not final and do not contain a seal, signature and date, shall be
         clearly marked as "preliminary," "draft," "not for construction" or
         similar words to distinguish the documents from a finished product.
         (ii)  The application of the licensee's seal, signature and the date
         shall constitute certification that the work thereon was prepared by
         such landscape architect or under the supervision of such landscape
         architect. Each plan or drawing sheet shall be sealed and signed by
         the licensee or the licensee's agent responsible for each sheet. The
         principal landscape architect in charge shall sign and seal the title
         or first sheet. Copies of electronically produced documents listed in
         paragraph (b)(i) of this subsection that are distributed for
         informational use, such as for bidding purposes or working copies,
         may be issued with the licensee's seal and a notice that the original
         document is on file with the licensee's signature and date. The words
         "original signed by:" and "date signed:" shall be placed adjacent to
         or across the seal of the electronic original. The storage location
         of the original documents shall also be provided. Only the title page
         of reports, specifications and like documents need bear the seal and
         signature of the licensee and the date.
         (iii) Nothing contained herein shall be construed to permit a
         landscape architect to practice as a licensed architect, a licensed
         professional engineer or a licensed land surveyor as these
         professions are defined by Idaho Code; provided however, nothing
         contained herein shall be construed to prevent a landscape architect
         from practicing landscape architecture.