Landscape Architects Practice Act
with Rules and Regulations
2007

issued by
California Architects Board
Landscape Architects
Technical Committee
2420 Del Paso Road, Suite 105
Sacramento, CA 95834

Arnold Schwarzenegger, Governor

includes admendments through October 3, 2007

All licensees and candidates for licensure should be familiar with the Landscape Architects Practice Act (statutes) and corresponding California Code of Regulations Sections (regulations).  The 2007 Landscape Architects Practice Act and regulations, with amendments through October 3, 2007, are published as a reference for licensees, candidates, and other interested parties.

In order to easily identify changes adopted since the last edition of this publication, all modified language is printed in shaded text.  The specific sections of the statutes and regulations that have been amended or adopted since the last edition of this publication are listed below.

Business & Professions Code Sections:

§5615, §5620, §5621, §5622, §5641, §5641.1, §5641.2,§5641.3, §5641.4, §5641.5, §5641.6, §5651, §5657, §5659, §5678, §5678.1, §5678.2, §5678.3,§5678.4, §5678.5, §5679.5

California Code of Regulations Sections:

§2604, §2608, §2615, §2624, §2624.1, §2630, §2630.1, §2649, §2670

It should be noted that, whereas new statutes typically become effective on January 1 of the year following passage, regulatory changes may take effect throughout the year.  Additionally, while every effort has been made to ensure the accuracy of this publication, it does not have legal effect. Should any discrepancy between the law and this publication occur, the law will take precedence.

Questions regarding an interpretation of these statutes and regulations may be directed to the Landscape Architects Technical Committee office at 2420 Del Paso Road, Suite 105, Sacramento, CA  95834, (916) 575-7230, fax at (916) 575-7285, or e-mail at latc@dca.ca.gov.

TABLE OF CONTENTS

Landscape Architects Practice Act

BUSINESS AND PROFESSIONS CODE
Division 3, Chapter 3.5

ARTICLE 1    GENERAL PROVISIONS
5615. "Landscape Architect" — Practice of Landscape Architecture
5616. Landscape Architecture Contract — Contents, Notice Requirements
5620. Board of Landscape Architects — Transfer of Duties
5620.1. Protection of the Public
5621. Landscape Architect Technical Committee — Members
5622. Landscape Architect Technical Committee — Duties and Functions
5624. Compensation for Members of the Landscape Architect Committee

ARTICLE 2   ADMINISTRATION
5626. Records Kept by Executive Officer
5629. Violation of Provisions of Chapter
5630. Board May Adopt, Amend, or Repeal Rules and Regulations

ARTICLE 3    APPLICATION OF CHAPTER
5640. Unlicensed Person Engaging in Practice — Sanctions
5641. Chapter Exceptions, Exemptions
5641.1. Chapter Exceptions, Exemptions - Peronal Property
5641.2. Chapter Exceptions, Exemptions - Nurserypersons
5641.3. Chapter Exceptions, Exemptions - Architects, Professional Engineers, and Land Surveyors
5641.4. Chapter Exceptions, Exemptions - Landscape Contractors 
5641.5. Chapter Exceptions, Exemptions - Golf Course Architects
5641.6. Chapter Exceptions, Exemptions - Irrigation Consultants
5642. Partnership, Corporation — Unlicensed Person
5643. Repealed
5644. Chapter Applicability to Other Code Provisions
5645. Repealed

ARTICLE 4    ISSUANCE OF CERTIFICATES
5650. Examinations — Qualifications, Application, Fee
5651. Examination of Applicants
5651.1. Guidelines for Delegation of Authority to Grade Examinations
5652. License — Issuance
5653. License — Denial, Refusal
5654. Record — License Holders
5655. License — Term
5656. License — Duplicate
5657. Filing of Mailing Address— Requirement
5659. Inclusion of License Number — Requirement

ARTICLE 5    DISCIPLINE
5660. Investigations — Suspension, Revocation
5661. Accusations — Time Limitation for Filing Action
5662. Suspension, Revocation — Proceedings
5663, 5664. Reserved
5665. Suspended, Revoked License — Renewal
5666. Practice in Violation of Chapter Provisions
5667. Fraud, Misrepresentation — Obtaining License
5668. Impersonating Landscape Architect — Practice Under Assumed Name
5669. Aiding, Abetting — Unlicensed Practice
5670. Fraud, Deceit in Practice
5671. Negligence, Willful Misconduct in Practice
5672. Gross Incompetence in Practice
5673. False Use of Signature
5675. Felony Conviction — Sanctions
5675.5 Public Agency - Disciplinary Actions
5676. Plea of Nolo Contendere — Criminal Conviction — Sanctions
5677. Repealed
5678. Report of Settlement or Arbitration - Licensee
5678.1. Report of Settlement or Arbitration - Insurer
5678.2. Application of Reporting Requirements
5678.3. Report to Board Not a Violation of Confidentiality
5678.4. Adopting of Reporting Requirements Regulations
5678.5. Repealed
5679. Repealed
5679.5. Repealed

ARTICLE 6    REVENUE
5680. Renewal of License — Forms
5680.05. Report to Board by Clerk of Court of Judgment of Conviction of Crime by License Holder
5680.1. Expired License — Renewal
5680.2. License Renewal — Three Years after Expiration
5681. Fee Schedule
5682. Depositing Fee — Creation of Fund
5683. Fund Appropriation

CALIFORNIA CODE OF REGULATIONS
Title 16. Professional and Vocational Regulations
Division 26. California Landscape Architects Technical Committee

ARTICLE 1    GENERAL PROVISIONS
2600. Repealed
2602. Definitions
2603. Delegation of Certain Functions
2604. Filing of Mailing Address
2605. Repealed
2606. Stamp
2607. Repealed
2608. Complaint Information System
2610. Application for Examination
2611. Repealed
2612. Review of Application
2613. Processing Times
2614. Examination Transition Plan
2615. Form of Examinations
2616. Application for Licensure Following Examination
2620. Education and Training Credits-Operative on January 1, 1997
2620.5. Requirements for an Approved Extension Certificate Program
2621. Time and Place of Holding Examination
2622. Repealed
2623. Notification of Examination Results, Inspection of Examinations
2624. Expired License - Three Years After Expiration
2624.1. Expired License - Five Years After Expiration
2625. Repealed
2626. Repealed
2627. Repealed
2630. Issuance of Citations
2630.1. Assessment of Administrative Fines
2630.2. Appeal of Citations
2630.3. Compliance with Citations
2640. Repealed
2649. Fees
2655. Substantial Relationship Criteria
2656. Criteria for Rehabilitation
2660. Repealed
2670. Rules of Professional Conduct
2671. Public Presentments and Advertising Requirements
2680. Disciplinary Guidelines

BUSINESS AND PROFESSIONS CODE
GENERAL PROVISIONS

12.5.   Authority to Issue Citation for Violation of Regulation
23.7.  License-Defined
29.5.   Compliance with Support Orders; License Qualifications
30.   Federal Employer Identification Number or Social Security Number Required of Licensee
31.   Noncompliance with Support Orders or Judgments-Effect on Registration and Licensing of Businesses

Division 1. Department of Consumer Affairs
101.1.  Legislative Intent
101.6.  Purpose of Boards, Bureaus, and Commissions
103.  Compensation, Reimbursement for Expenses
105.5.  Tenure of Office-Board Members-Others
106.  Board Members-Removal
106.5.  Board Members-Disclosing Exam Questions
108.  Boards-Functions and Powers
108.5.  Witness Fees, Expenses
109.  Decisions Non-Reviewable; Director Powers
111.  Appointment of Commissioners on Examination
112.  Directories-Publication, Sale
113.  Travel Expenses
118.   Withdrawal of Application-Effect of Suspension or Forfeiture
119.  Illegal Uses of License
121.   License Offenses; Legality of Practice Between Renewal and Receipt of License
123.   Subversion of Licensing Examinations-Misdemeanor
123.5.   Engagement in Practices Constituting a Violation Under §123; Injunction or Restraining Order
124.   Manner of Giving Written Notice (Operative July 1, 1997)
125.   Conspiracy with Unlicensed Person to Violate Code
125.3.   Investigation and Enforcement Costs; Payment By Licentiate
125.6.   Discrimination-Physically Handicapped
125.9.  System for Issuance of Citation to a Licensee
128.  Unlawful Sale of Equipment, Supplies and Services
129.   Complaint Procedure-Notification of Complainant and Licentiate
135.  Reexamination After Failure
136.  Address Change-Notice Required
137.   Advertising By License-Inclusion of License Numbers, Exemptions
138.   Requirement that licentiates provide notice of licensing to clients or customers; regulations; periodic evaluation of licensing examination
139.   Examination development, validation, and occupational analysis policy
140.   Failure to Record and Preserve Cash Transactions Involving Wages; Disciplinary Action; Costs
141.   Effect of Disciplinary Action Taken by Another State or the Federal Government
143.   Suit for Collection of Compensation-License Prerequisite
145.   Unlicensed Activity-Criminal, Civil Sanctions, Fines
147.  Power to Issue Written Notices of Court Appearances
148.   System for Issuance of Citation to an Unlicensed Person
149.   Advertising in Telephone Directory Without License-Agency Citation

Division 1.5. Denial, Suspension and Revocation of Licenses
475.  Grounds of Denial of License
480.  Applicant’s Grounds for Denial
485.  Denial Procedure
486.  Denial-Notice Required
487.  Hearing
489.  Denial of License for Lack of Good Character
490.  Suspension, Revocation-Grounds
490.5.   Noncompliance with Child Support Order or Judgment as Grounds for Suspension
491.  Suspension, Revocation-Procedure
495.  Public Reproval-Grounds-Procedure
496.   Denial, Suspension, or Violation of §123; Revocation of License
498.   License Secured by Fraud, Deceit, or Knowing Misrepresentation
499.   False Statement in Support of Another Person’s Application

LANDSCAPE ARCHITECTS PRACTICE ACT

BUSINESS AND PROFESSIONS CODE

Article 1.   General Provisions

5615. "Landscape Architect" – Practice of Landscape Architecture

"Landscape architect" means a person who holds a license to practice landscape architecture in this state under the authority of this chapter.

A person who practices landscape architecture within the meaning and intent of this article is a person who offers or performs professional services, for the purpose of landscape preservation, development and enhancement, such as consultation, investigation, reconnaissance, research, planning, design, preparation of drawings, construction documents and specifications, and responsible construction observation. Landscape preservation, development and enhancement is the dominant purpose of services provided by landscape architects. Implementation of that purpose includes: (1) the preservation and aesthetic and functional enhancement of land uses and natural land features; (2) the location and construction of aesthetically pleasing and functional approaches and settings for structures and roadways; and, (3) design for trails and pedestrian walkway systems, plantings, landscape irrigation, landscape lighting, landscape grading and landscape drainage.

Landscape architects perform professional work in planning and design of land for human use and enjoyment. Based on analyses of environmental physical and social characteristics, and economic considerations, they produce overall plans and landscape project designs for integrated land use.

The practice of a landscape architect may, for the purpose of landscape preservation, development and enhancement, include: investigation, selection, and allocation of land and water resources for appropriate uses; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in the design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance.

This practice shall include the location, arrangement, and design of those tangible objects and features as are incidental and necessary to the purposes outlined herein. Nothing herein shall preclude a duly licensed landscape architect from planning the development of land areas and elements used thereon or from performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities, in accordance with the accepted public standards of health, safety, and welfare.

This chapter shall not empower a landscape architect, licensed under this chapter, to practice, or offer to practice, architecture or engineering in any of its various recognized branches.

5616. Landscape Architecture Contract – Contents, Notice Requirements

Any landscape architect who agrees to provide professional services pursuant to this chapter shall provide every client with a detailed written contract. That written contract shall include, but not be limited to, all of the following:

(a) A description of services to be provided by the landscape architect to the client.
(b) A description of any basis of compensation applicable to the contract, including the total price that is required to complete the contract, and method of payment agreed upon by both parties.
(c) A notice which reads: "Landscape architects are licensed by the State of California.
(d) The name, address, and license number of the landscape architect and the name and address of the client.
(e) A description of the procedure that the landscape architect and client will use to accommodate additional services.

5620. Board of Landscape Architects – Transfer of Duties

The duties, powers, purposes, responsibilities, and jurisdiction of the California State Board of Landscape Architects that were succeeded to and vested with the Department of Consumer Affairs in accordance with Chapter 908 of the Statutes of 1994 are hereby transferred to the California Architects Board. The Legislature finds that the purpose for the transfer of power is to promote and enhance the efficiency of state government and that assumption of the powers and duties by the California Architects Board shall not be viewed or construed as a precedent for the establishment of state regulation over a profession or vocation that was not previously regulated by a board, as defined in Section 477.

(a) There is in the Department of Consumer Affairs a California Architects Board as defined in Article 2 (commencing with Section 5510) of Chapter 3. Whenever in this chapter "board" is used it refers to the California Architects Board.
(b) Except as provided herein, the board may delegate its authority under this chapter to the Landscape Architects Technical Committee.
(c) After review of proposed regulations, the board may direct the examining committee to notice and conduct hearings to adopt, amend, or repeal regulations pursuant to Section 5630, provided that the board itself shall take final action to adopt, amend, or repeal those regulations.
(d) The board shall not delegate its authority to discipline a landscape architect or to take action against a person who has violated this chapter.
(e) This section shall become inoperative on July 1, 2011, and as of January 1, 212, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2012, deletes or extends the date on which it becomes inoperative and is repealed.

5620.1. Protection of the Public

Protection of the public shall be the highest priority for the Landscape Architects Technical Committee in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

5621. Landscape Architects Technical Committee – Members

(a) There is hereby created within the jurisdiction of the board, a Landscape Architects Technical Committee, hereinafter referred to in this chapter as the landscape architects committee.
(b) The landscape architects committee shall consist of five members who shall be licensed to practice landscape architecture in this state. The Governor shall appoint three of the members. The Senate Committee on Rules and the Speaker of the Assembly shall appoint one member each.
(c) The initial members to be appointed by the Governor are as follows: one member for a term of one year; one member for a term of two years; one member for a term of three years. The Senate Committee on Rules and the Speaker of the Assembly shall initially each appoint one member for a term of four years. Thereafter, appointments shall be made for four-year terms, expiring on June 1 of the fourth year and until the appointment and qualification of his or her successor or until one year shall have elapsed whichever first occurs. Vacancies shall be filled for the unexpired term.
(d) No person shall serve as a member of the landscape architects committee for more than two consecutive terms.
(e) This section shall become inoperative on July 1, 2011, and as of January 1, 2012, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

5622. Landscape ArchitectsTechnical Committee – Duties and Functions

(a) The landscape architects committee may assist the board in the examination of candidates for a landscape architect’s license and, after investigation, evaluate and make recommendations regarding potential violations of this chapter.
(b) The landscape architects committee may investigate, assist, and make recommendations to the board regarding the regulation of landscape architects in this state.
(c) The landscape architects committee may perform duties and functions that have been delegated to it by the board pursuant to Section 5620.
(d) The landscape architects committee may send a representative to all meetings of the full board to report on the committee’s activities.
(e) This section shall become inoperative on July 1, 2011, and, as of January 1, 2012, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2012, deletes or extends the dates on which it becomes inoperative and is repealed.

5624. Compensation for Members of the Landscape Architects Committee

Each member of the landscape architects committee shall receive per diem and expenses, as provided in Section 103.

Article 2.    Administration

5626. Records Kept by Executive Officer

The executive officer shall keep an accurate record of all proceedings of the landscape architects committee.

5629. Violation of Provisions of Chapter

The board shall prosecute all persons guilty of violating the provisions of this chapter. Except as provided in Section 159.5, the board may employ such inspectors, special agents, investigators and clerical assistance as it may deem necessary to carry outthe provisions of this chapter. It may fix the compensation to be paid for such services and incur such additional expense as may be deemed necessary.

5630. Board May Adopt, Amend, or Repeal Rules and Regulations

The board may, in accordance with the provisions of the Administrative Procedure Act, adopt, amend, or repeal such rules and regulations as are reasonably necessary to:

(a) Govern the examinations of applicants for licensesto practice landscape architecture.
(b) Establish criteria for approving schools of landscape architecture.
(c) Establish rules of professional conduct that are not inconsistent with state or federal law. Every person who holds a license issued by the board shall be governed and controlled by these rules.
(d) Carry out the provisions of this chapter.

Article 3.   Application of Chapter

5640. Unlicensed Person Engaging in Practice – Sanctions

It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, for any person, who, without possessing a valid, unrevoked license as provided in this chapter, engages in the practice of landscape architecture or uses the title or term "landscape architect," "landscape architecture," "landscape architectural," or any other titles, words, or abbreviations that would imply or indicate that he or she is a landscape architect as defined in Section 5615.

5641. Chapter Exceptions, Exemptions

This chapter shall not be deemed to prohibit any person from preparing drawings for the conceptual design and placement of tangible objects and landscape features or plans, drawings, and specifications for the selection, placement, or use of plants for a single family dwelling. Construction documents, details, or specifications for the tangible objects or landscape features, and alteration of site requiring grading and drainage plans shall be prepared by a licensed professional as required by law.

5641.1. Chapter Exceptions, Exemptions - Personal Property

This chapter shall not be deemed to prohibit any person from preparing any plans, drawings, or specifications for any property owned by that person.

5641.2. Chapter Exceptions, Exemptions - Nurserypersons

Every person who holds a valid license issued by the State of California, under the provisions of Chapter 1 (commencing with Section 6721) of the Food and Agricultural Code, authorizing engagement in the business of selling nursery stock in this state, may engage in the preparation of planting plans or drawings as an adjunct to merchandizing nursery stock and related products, but may not use the title of landscape architect. Such activity is exempt from licensure under the provisions of this chapter.

5641.3. Chapter Exceptions, Exemptions - Architects, Professional Engineers, and Land Surveyors

An architect, professional engineer or land surveyor licensed or registered under the statutes of this state, insofar as the licensed or registered professional practices the profession for which he or she is licensed or registered, is exempt from the provisions of this chapter, except that an architect, professional engineer, or land surveyor may not use the title "landscape architect" unless he or she holds a license as required under this chapter.

5641.4. Chapter Exceptions, Exemptions - Landscape Contractors

A landscape contractor licensed under the statutes of this state, insofar as he or she works within the classification for which the license is issued, may design systems and facilities for work to be performed and supervised by that landscape contractor and is exempt from the provisions of this chapter, except that a landscape contractor may not use the title "landscape architect" unless he or she holds a license as required under this chapter.

5641.5. Chapter Exceptions, Exemptions - Golf Course Architects

(a) Nothing contained in this chapter shall be deemed to prohibit a person from engaging in the practice of, or offering to practice as, a golf course architect.
(b) As used in this section, "golf course architect" means a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and responsible supervision, where the dominant purpose of such service is the design of a golf course, in accordance with accepted professional standards of public health and safety.

5641.6. Chapter Exceptions, Exemptions - Irrigation Consultants

(a) Nothing contained in this chapter shall be deemed to prohibit a person from engaging in the practice of, or offering to practice as, an irrigation consultant.
(b) As used in this section, "irrigation consultant" means a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications and responsible supervision, where the dominant purpose of such service is the design of landscape irrigation, in accordance with accepted professional standards of public health and safety.

5642. Partnership, Corporation – Unlicensed Person

This chapter shall not be deemed to prevent a landscape architect from forming a partnership, firm, or corporation with, or employing, persons who are not landscape architects if the signature, date, and license number of the landscape architect appears on all instruments of service. In no case shall the other members of the partnership, firm, or corporation be designated or described as landscape architects.

The name of the licensed landscape architect shall appear wherever the firm name is used in the professional practice of the partnership, firm or corporation, and such landscape architect shall reside in California when such partnership, firm or corporation maintains a California office or mailing address. The name of such licensee shall appear on all partnership, firm or corporation stationery, brochures, business cards and any instruments of service used or provided in the professional practice of the partnership, firm or corporation.

No partnership, firm or corporation shall engage in the practice of landscape architecture unless the work is under the immediate and responsible direction of a licensee of the board.

Failure of any person to comply with this section constitutes a ground for disciplinary action.

5643. Repealed

5644. Chapter Applicability to Other Code Provisions

Any person who holds a valid state license or other such authority which authorizes the person to engage in a business or occupation, insofar as the person engages in a professional, occupational or business activity within the scope of that license or other authority, shall not be required to be licensed under this chapter.

5645. Repealed

Article 4.   Issuance of Licenses

5650. Examinations – Qualifications, Application, Fee

Subject to the rules and regulations governing examinations, any person, over the age of 18 years, who has had six years of training and educational experience in actual practice of landscape architectural work shall be entitled to an examination for a certificate to practice landscape architecture. A degree from a school of landscape architecture approved by the board shall be deemed equivalent to four years of training and educational experience in the actual practice of landscape architecture. Before taking the examination, a person shall file an application with the executive officer and pay the application fee fixed by this chapter.

5651. Examination of Applicants

(a) The board shall by means of examination, ascertain the professional qualifications of all applicants for licenses to practice landscape architecture in this state and shall issue a license to every person whom it finds to be qualified on payment of the initial license fee prescribed by this chapter.
(b) The examination shall consist of a written examination. The written examination may be waived by the board if the applicant (1) is currently licensed by a United States jurisdiction, Canadian province, or Puerto Rico and has passed a written examination equivalent to that which is required in California at the time of application and (2) has passed the California supplemental examination if, at the time of application, it is required of all California applicants.

5651.1. Guidelines for Delegation of Authority to Grade Examinations

(a) Notwithstanding Section 111, the board may adopt guidelines for the delegation of its authority to grade the examinations of applicants for licensure to any vendor under contract to the board for provisions of a landscape architect’s license examination. The guidelines shall be within the board’s legal authority to establish the standards for licensure in this state, and shall include, but not be limited to:
  (1) Goals for the appropriate content, development, grading, and administration of an examination, against which the vendor’s rules and procedures can be judged.
  (2) Procedures through which the board can reasonably assure itself that the vendor adequately meets the goals established by the board.
(b) The board shall not delegate its authority to grade the examination of candidates for licensure in this state to any vendor or any party not in compliance with Section 111 or with the guidelines established in subdivision (a).

5652. License – Issuance

If the applicant’s examination is satisfactory, and upon the payment of the license fee fixed by this chapter, the executive officer shall issue a license to the applicant showing that the person named therein is entitled to practice landscape architecture in this state, in accordance with the provisions of this chapter.

5653. License – Denial, Refusal

The board may deny or refuse to issue a license to an applicant upon proof of the commission by the applicant of any act or omission which would constitute grounds for disciplinary action under this chapter if committed by a licensee.

5654. Record – License Holders

The board shall keep a record of the names and addresses of all license holders and such additional personal data as the board may require. A proper index and record of each license issued shall be kept by the board.

5655. License – Term

Licenses to practice landscape architecture shall remain in full force until revoked or suspended for cause, or until they expire, as provided in this chapter.

5656. License – Duplicate

A duplicate license to practice landscape architecture in place of one which has been lost, destroyed or mutilated shall be issued upon proper application, subject to the rules and regulations of the board. A duplicate license fee fixed by this chapter shall be charged for the issuance of such duplicate license.

5657. Filing of Mailing Address - Requirement

Each licensee shall file his or her current mailing address with the board at its office in Sacramento, California, and shall notify the board of any and all changes of mailing address, providing both his or her old and new address within 30 days after a change. A penalty as provided in this chapter shall be paid by a licensee who fails to notify the board within 30 days after a change of address.

5659. Inclusion of License Number – Requirement

Each person licensed under this chapter shall sign, date, and seal or stamp using a seal or stamp described in this section, all plans, specifications, and other instruments of service therefor, prepared for others as evidence of the person's responsibility for those documents. Failure to comply with this section constitutes a ground for disciplinary action. Each person licensed under this chapter shall use a seal or stamp of the design authorized by the board, bearing his or her name, license number, the legend "licensed landscape architect," the legend "State of California" and a means of providing a signature, the renewal date of the license, and date of signing and sealing or stamping.

Article 5.   Discipline

5660. Investigations – Suspension, Revocation

The board may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any landscape architect, and may suspend for a period not exceeding one year, or revoke, the license of any such landscape architect who is guilty of any one or more of the acts or omissions constituting grounds for disciplinary action under the chapter.

5661. Accusations – Time Limitation for Filing Action

All accusations against a licensee shall be filed within three years after the board discovers, or through the use of reasonable diligence should have discovered, the act or omission alleged as the ground for disciplinary action or within six years after the act or omission alleged as the ground for disciplinary action, whichever occurs first. However, with respect to an accusation alleging a violation of Section 5667, the accusation may be filed within three years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by Section 5667.

If any accusation is not filed within the time provided in this section, no action against a license shall be commenced under this article.

5662. Suspension, Revocation – Proceedings

All proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code. The board shall have all of the powers granted therein.

5663, 5664. Reserved

5665. Suspended, Revoked License – Renewal

A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.

A revoked license is subject to expiration as provided in this chapter, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.

5666. Practice in Violation of Chapter Provisions

The fact that the holder of a license is practicing in violation of the provisions of this chapter constitutes a ground for disciplinary action.

5667. Fraud, Misrepresentation – Obtaining License

The fact that the holder of a license has obtained the license by fraud or misrepresentation, or that the person named in the license has obtained it by fraud or misrepresentation, constitutes a ground for disciplinary action.

5668. Impersonating Landscape Architect – Practice Under Assumed Name

The fact that the holder of a license is impersonating a landscape architect or former landscape architect of the same or similar name, or is practicing under an assumed, fictitious or corporate name, constitutes a ground for disciplinary action.

5669. Aiding, Abetting – Unlicensed Practice

The fact that the holder of a license has aided or abetted in the practice of landscape architecture, any person not authorized to practice landscape architecture under the provisions of this chapter, constitutes a ground for disciplinary action.

5670. Fraud, Deceit in Practice

The fact that, in the practice of landscape architecture, the holder of a license has been guilty of fraud or deceit constitutes a ground for disciplinary action.

5671. Negligence, Willful Misconduct in Practice

The fact that, in the practice of landscape architecture, the holder of a license has been guilty of negligence or willful misconduct constitutes a ground for disciplinary action.

5672. Gross Incompetence in Practice

The fact that the holder of a license has been guilty of gross incompetence constitutes a ground for disciplinary action.

5673. False Use of Signature

The fact that the holder of a license has affixed his or her signature, or his or her stamp, or has permitted the use of his or her name to or on plans, drawings, specifications or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction, or has permitted his or her name or his or her signature or his or her stamp to be used for the purpose of assisting any person, not a landscape architect, to evade the provisions of this chapter, constitutes a ground for disciplinary action.

5675. Felony Conviction – Sanctions

The conviction of a felony in connection with the practice of landscape architecture constitutes a ground for disciplinary action. The record of a conviction shall be conclusive evidence thereof.

5675.5 Public Agency -- Disciplinary Action

The fact that the holder of a license has had disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties as a landscape architect constitutes a ground for disciplinary action.

5676. Plea of Nolo Contendere – Criminal Conviction—Sanctions

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgement of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

5677. Repealed

5678. Report of Settlement or Arbitration - Licensee

(a) A licensee shall report to the board in writing within 30 days of the date the licensee has knowledge of any civil action judgment, settlement, arbitration award, or administrative action resulting in a judgment, settlement, or arbitration award against the licensee in any action alleging fraud, deceit, negligence, incompetence, or recklessness by the licensee in the practice of landscape architecture if the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater.
(b) The report required by subdivision (a) shall be signed by the licensee and shall set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall set forth all of the following:
  (1) The title of the matter.
  (2) The court or agency name.
  (3) The docket number.
  (4) The claim or file number.
  (5) The date on which the reportable event occurred.
(c) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal.
(d) Failure of a licensee to comply with this section shall be grounds for disciplinary action.
(e) A licensee who fails to comply with this section may be subject to a civil penalty of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) as an intermediate sanction imposed by the board in lieu of revoking the licensee's license. A licensee who knowingly and intentionally fails to comply with this section may be subject to a civil penalty of up to twenty thousand dollars ($20,000) as an additional intermediate sanction imposed by the board in lieu of revoking the licensee's license.

5678.1. Report of Settlement or Arbitration - Insurer

(a) Within 30 days of payment of all or any portion of a civil action judgment, settlement, or arbitration award described in Section 5678 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any insurer providing professional liability insurance to that licensee or landscape architectural entity shall report to the board all of the following:
  (1) The name of the licensee.
  (2) The claim or file number.
  (3) The amount or value of the judgment, settlement, or arbitration award.
  (4) The amount paid by the insurer.
  (5) The identity of the payee.
(b) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or arbitration award described in Section 5678 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any state or local governmental agency that self insures that licensee shall report to the board all of the following:
  (1) The name of the licensee.
  (2) The claim or file number.
  (3) The amount or value of the judgment, settlement, or arbitration award.
  (4) The amount paid.
  (5) The identity of the payee.

5678.2. Application of Reporting Requirements

The requirements of Sections 5678 and 5678.1 shall apply if a party to the civil action, settlement, arbitration award, or administrative action is or was (a) a sole proprietorship, partnership, firm, corporation, or state or local governmental agency in which a licensee is or was an owner, partner, member, officer, or employee and (b) a licensee in responsible control of that portion of the project that was the subject of the civil judgment, settlement, arbitration award, or administrative action.

5678.3. Report to Board Not a Violation of Confidentiality

Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a report to the board as required by this article.

5678.4. Adoption of Reporting Requirements Regulations

The board may adopt regulations to further define the reporting requirements of Sections 5678 and 5678.1.

5678.5. Repealed

5679. Repealed

5679.5. Repealed

Article 6.   Revenue

5680. Renewal of License – Forms

(a) Licenses issued under this chapter shall expire no more than 24 months after the issue date. The expiration date of the original license shall be set by the board in a manner to best distribute renewal procedures throughout each year.
(b) To renew an unexpired license, the license holder shall, on or before the expiration date of the license, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter.
(c) The renewal form shall include a statement specifying whether the licensee was convicted of a crime or disciplined by another public agency during the preceding renewal period and that the licensee’s representations on the renewal form are true, correct, and contain no material omissions of fact, to the best knowledge and belief of the licensee.

5680.05. Report to Board by Clerk of Court of Judgment of Conviction of Crime by License Holder

Within 10 days after a judgment by a court of this state that a license holder has committed a crime or is liable for any death, personal or property injury or loss caused by the license holder’s fraud, deceit, negligence, incompetency, or recklessness in practice, the clerk of the court which rendered the judgment shall report this to the board.

5680.1. Expired License – Renewal

Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within three years after its expiration on filing of application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the license is renewed more than 30 days after its expiration, the license holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 5680 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

5680.2. License Renewal – Three Years after Expiration

A license which is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the license may apply for and obtain a new license if:

(a) No fact, circumstance, or condition exists which, if the license were issued, would justify its revocation or suspension,
(b) The applicant pays all of the fees which would be required of the applicant if the applicant were then applying for the license for the first time, and
(c) The applicant takes and passes the examination which would be required of the applicant if the applicant were then applying for the license for the first time, or otherwise establishes to the satisfaction of the board that the applicant is qualified to practice landscape architecture.

The board may, by regulation, authorize waiver or refund of all or any part of the examination fee in those cases in which a license is issued without an examination under this section.

5681. Fee Schedule

The fees prescribed by this chapter for landscape architect applicants and landscape architect licensees shall be fixed by the board as follows: (a) The application fee for reviewing an applicant’s eligibility to take any section of the examination may not exceed one hundred ($100).
(b) The fee for any section of the examination administered by the board shall not exceed the actual cost to the board for purchasing and administering each exam.
(c) The fee for an original license may not exceed four hundred dollars ($400), except that, if the license is issued less than one year before the date on which it will expire, the fee shall equal 50 percent of the fee fixed by the board for an original license. The board may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire.
(d) The fee for a duplicate license may not exceed fifty dollars ($50).
(e) The renewal fee may not exceed four hundred dollars ($400).
(f) The penalty for failure to notify the board of a change of address within 30 days from an actual change in address may not exceed fifty dollars ($50).
(g) The delinquency fee shall be 50 percent of the renewal fee for the license in effect on the date of the renewal of the license, but not less than fifty dollars ($50) nor more than two hundred dollars ($200).
(h) The fee for filing an application for approval of a school pursuant to Section 5650 may not exceed six hundred dollars ($600) charged and collected on an biennial basis.

5682. Depositing Fee – Creation of Fund

Within 10 days after the beginning of every month, all fees collected by the department for the month preceding, under the provisions of this chapter, shall be paid into the State Treasury to the credit of the California Board of Architectural Examiners – Landscape Architects Fund, which is hereby created.

5683. Fund Appropriation

The money paid into the California Board of Architectural Examiners - Landscape Architects Fund is continuously appropriated to the board for expenditure in the manner prescribed by law to defray the expenses of the board and in carrying out and enforcing the provisions of this chapter.

CALIFORNIA CODE OF REGULATIONS

Title 16. Professional and Vocational Regulations
Division 26. California Landscape Architects Technical Committee

Article 1.    General Provisions

2600. Repealed

2602. Definitions

As used in this chapter, unless the context otherwise requires:

(a) "Board" means the California Architects Board.
(b) "Code" means the Business and Professions Code.
(c) "Approved school" means a school with a landscape architecture program approved by the Board.
(d) "Group practice" means a partnership, firm or corporation offering and/or engaged in the practice of landscape architecture. Landscape architectural services of the group practice must be performed by or under the direct supervision of a person who may be partner, principal, officer, or employee of the group practice who holds a valid license to practice landscape architecture in this State. The signature, date of execution and license number of such licensed person shall appear on all instruments of service.
(e) "Individual practice" means the practice of landscape architecture by one person who holds a valid license to practice landscape architecture in this State.
(f) "Instruments of service" means finalized working drawings, contract proposals, site analyses, environmental review documents, inspection reports, cost estimates, planning studies, and specifications which have been prepared by a person who holds a valid license to practice landscape architecture in this State or which have been prepared under his or her immediate and responsible direction.

2603. Delegation of Certain Functions

The power and discretion conferred by law upon the Board to receive and file accusations; issue notices of hearings, statements to respondent and statements of issues; receive and file notices of defense; determine the time and place of hearings under Section 11508 of the Government Code; issue subpoenas and subpoenas duces tecum; set calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the Board in connection with proceedings under the provisions of Sections 11500 through 11528 of the Government Code, prior to the hearing of such proceedings; and the certification and delivery or mailing of copies of decisions under Section 11518 of said Code are hereby delegated to and conferred upon the executive officer, or in his or her absence from the office of the Board, the acting executive officer.

The power and discretion conferred by law upon the Board to evaluate and determine qualifications and approve applicants for examination under Section 5650 of the Code, and determine which applicants for reciprocity licenses are entitled to waiver of the written examination under Section 5651 of the Code is hereby delegated to and conferred upon the executive officer.

2604. Filing of Mailing Address

Each person holding a license from the Board shall file his or her current mailing address with the Board at its office in Sacramento, California, and shall immediately notify the Board of any and all changes of mailing address, giving both his or her old and new addresses. The licensee’s mailing address shall be a matter of public record. A penalty as provided in Section 5681 of the Code and Section 2649 shall be paid by a licensee who fails to notify the Board within 30 days after a change of address.

2605. Repealed

2606. Stamp

The stamp authorized by Sections 5659 and 5673 of the Code may be purchased by the landscape architect from any convenient source, but shall be of the design illustrated here and shall be not less than one (1) inch in diameter.

2607. Repealed

2608. Public Information System - Disclosure

(a) The Board shall establish and maintain a public information system to provide members of the public with information regarding complaints and disciplinary or enforcement actions against licensed landscape architects and unlicensed persons subject to the Board’s jurisdiction and Division 3, Chapter 3.5 of the Code (commencing with section 5615). Such a system shall also provide the public with information regarding the licensed status of the Board’s licensees.
Information subject to the public information system shall be disclosed to members of the public, upon request, by telephone, in person, or in writing (including fax or email). Such information, when feasible and to the extent required or permitted by law, shall be made available by the Board in writing or by telephone. Requests for information shall be responded to within ten (10) days.
(b) Information to be Disclosed Regarding License Status. The Board shall disclose the following information regarding past and current licensees:
  (1) The name of the licensee, as it appears in the Board’s records;
  (2) The license number;
  (3) The address of record;
  (4) The license issue date;
  (5) The license expiration date; and
  (6) The license status and history.
(c) Information to be Disclosed Regarding Disciplinary or Enforcement Actions.
Unless otherwise required by law, the Board shall disclose the following information regarding disciplinary or enforcement actions taken against licensees and unlicensed persons, if applicable:
  (1) Total number of disciplinary and enforcement actions taken by the Board;
  (2) Brief summary of disciplinary and enforcement actions taken by the Board; Citations that have been satisfactorily resolved shall be disclosed as such;
  (3) Current status of pending Accusations, Statements of Issues, and Citations filed by the Board; disclosure of pending actions shall contain a disclaimer stating that the pending administrative action(s) against the person is/are alleged and no final legal determination has yet been made; further disclaimers or cautionary statements regarding such pending actions may also be made; and
  (4) Information which is statutorily mandated to be disclosed.
(d) Information to be Disclosed Regarding Complaints.
  (1) The Board shall disclose complaint information when the executive officer has determined that:
    (A) The complaint information has a direct and immediate relationship to the health and safety of another person; and
    (B) One or more of the following have occurred:
      1. A complaint involves a dangerous act or condition caused by the subject of the complaint that has or could result in a death, bodily injury or severe consequences and disclosure may protect the consumer and/or prevent additional harm to the public;
      2. A series of complaints against a party alleging a pattern of unlawful activity has been received by the Board and it has been determined that disclosure may protect the consumer and/or prevent additional harm to the public;
      3. A complaint has been referred to the Attorney General for filing of an Accusation or Statement of Issues; or
      4. A complaint has been referred to other law enforcement entity for prosecution.
  (2) Complaint information that is determined to meet the conditions of disclosure listed in subsection (d)(1) shall be incorporated into the public information system no later than ten (10) days after the conditions of disclosure have been met.
  (3) Information about a complaint shall not be disclosed if it is determined by the executive officer that any of the following apply:
    (A) Disclosure is prohibited by statute or regulation;
    (B) Disclosure might compromise an investigation or prosecution; or
    (C) Disclosure might endanger or injure the complainant or third party.
  (4) When conditions of disclosure have been met, the Board shall disclose the following information regarding complaints received against licensees and unlicensed persons, if applicable:
    (A) Total number of complaints meeting conditions of disclosure;
    (B) Date(s) of receipt and nature of the complaint(s);
    (C) Disposition of the complaint(s), by indicating whether the matter has been:
      1. Referred to formal disciplinary action;
      2. Disposed of through any other action, formal or informal; or
      3. Other disposition;
    (D) Information which is statutorily mandated to be disclosed;
    (E) Current status of criminal prosecution resulting from a complaint received by the Board;
    (F) A description of the type of public information not included in the system (i.e., civil judgements, criminal convictions, unsubstantiated complaints); and
    (G) Disclaimers indicating that the system does not constitute endorsement or non-endorsement of a person, and that the system may not contain all available information.

2610. Application for Examination

(a) Application for examination shall be made upon the form provided by the Board, accompanied by such evidence, statements, or documents as therein required.
(b) The application shall be filed with the Board at its office in Sacramento, California at least seventy (70) days prior to the date of the examination which the applicant wishes to take and shall be accompanied by the fee required by Section 5681(a) of the Code. Refunds of fees to applicants who are found to be ineligible to take the examination shall be made in accordance with Section 158 of the Code.

2611. Repealed

2612. Review of Application

(a) Within sixty (60) days after receipt of an application for examination, the Board shall inform the candidate in writing whether the application is complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application.
(b) The Board shall render a decision concerning a candidate’s written examination results within three hundred (300) days after the filing of a completed application for the written examination. This processing time applies to those candidates who submit their completed written examination application on the examination filing deadline.

2613. Processing Times

The minimum, median and maximum processing times for written examination results from the time of receipt of a complete application until the Board makes a decision thereon is set forth below:

Minimum-204 days
Median-240 days
Maximum-276 days

These processing times apply to those candidates who submit a completed written examination application on the examination filing deadline.

2614. Examination Transition Plan

(a) A candidate who has received Board credit for any section of the Uniform National Examination for Landscape Architects (hereafter UNE) shall be given credit for those sections as those sections correspond to the 1992 Landscape Architect Registration Examination (hereafter LARE) sections in accordance with the following transition chart:

(b)(1) A candidate who has received Board credit for any section of the 1992 LARE shall be given credit for those sections as those sections correspond to sections of the Professional Examination for Landscape Architects (hereafter PELA) in accordance with the following transition chart: