As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. S. B. No. 68


Senator Schaffer 

Cosponsors: Senators Bacon, Burke, Coley, Eklund, Faber, Hite, Hughes, Oelslager, Patton 

Representatives Hackett, Brown, Blair, Buchy, Grossman, Hayes, McClain, Stebelton, Young Speaker Batchelder 



A BILL
To amend sections 3.16, 119.06, 4703.071, 4703.15, 4703.30, 1
4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 2
4703.35, 4703.36, 4703.37, 4703.38, 4703.41, 3
4703.44, 4703.46, 4703.49, 4703.50, 4703.52, 4
4703.53, and 4703.99, to enact section 4703.411, 5
and to repeal sections 4703.42, 4703.43, and 6
4703.45 of the Revised Code to eliminate the 7
process for reinstatement of certificates issued 8
by the Architects Board, to allow the Architects 9
Board to deny renewal of, revoke, or suspend 10
certificates issued by the Architects Board 11
without an adjudication hearing when such a 12
hearing is not requested, to make changes 13
related to the laws governing landscape 14
architects to 297
provide for the appointment of an interim replacement official 298
upon suspension of a public official, and to declare an emergency.15


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 3.16, 119.06, 4703.071, 4703.15, 4703.30, 16
4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35, 4703.36, 17
4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49, 4703.50, 18
4703.52, 4703.53, and 4703.99 be amended and section 4703.411 of 19
the Revised Code be enacted to read as follows:20

       Sec. 3.16. (A) As used in this section:3

       (1) "Prosecuting attorney" means the prosecuting attorney of 4
the county in which a public official who is charged as described 5
in division (B) of this section serves.6

       (2) "Public official" means any elected officer of a 7
political subdivision as defined in section 2744.01 of the Revised 8
Code. "Public official" does not include a judge of a court of 9
record.10

        (B)(1) If a public official is charged with a felony in a 11
state or federal court and if the attorney general, if the 12
attorney general is prosecuting the case, or prosecuting attorney 13
with responsibility to prosecute the case determines that the 14
felony relates to the public official's administration of, or 15
conduct in the performance of the duties of, the office of the 16
public official, the attorney general, if the attorney general is 17
prosecuting the case, or prosecuting attorney with responsibility 18
to prosecute the case shall transmit a copy of the charging 19
document to the chief justice of the supreme court with a request 20
that the chief justice proceed as provided in division (C) of this 21
section. If the attorney general or the prosecuting attorney 22
transmits a copy of the charging document to the chief justice, a 23
copy also shall be sent to the attorney general if the prosecuting 24
attorney transmits the copy to the chief justice or to the 25
prosecuting attorney of the county in which the public official 26
holds office if the attorney general transmits the copy to the 27
chief justice.28

       (2) Upon transmitting a copy of a charging document and a 29
request to the chief justice of the supreme court under division 30
(B)(1)(a) or (b) of this section, the attorney general or 31
prosecuting attorney shall provide the public official with a 32
written notice that, not later than fourteen days after the date 33
of the notice, the public official may file with the attorney 34
general or prosecuting attorney, whichever sent the notice, a 35
written statement either voluntarily authorizing the attorney 36
general or prosecuting attorney to prepare a judgment entry for 37
the judge presiding in the case to provisionally suspend the 38
public official from office or setting forth the reasons why the 39
public official should not be suspended from office.40

       If the public official voluntarily authorizes the attorney 41
general or prosecuting attorney to prepare a judgment entry for 42
the judge presiding in the case to provisionally suspend the 43
public official from office as described in this division, the 44
attorney general or prosecuting attorney shall prepare a judgment 45
entry for the judge presiding in the case to provisionally suspend 46
the public official from office immediately upon receipt of the 47
judementjudgment entry and shall notify the chief justice of the 48
supreme court of the provisional suspension. Upon receipt of the 49
judgment entry, the judge presiding in the case shall sign the 50
judgment entry and file the signed judgment entry in the case. The 51
signing and filing of the judgment entry provisionally suspends 52
the public official from office. The attorney general's or 53
prosecuting attorney's request to the chief justice that was made 54
under division (B)(1) of this section remains applicable regarding 55
the public official, and the chief justice shall establish a 56
special commission pursuant to division (C)(1) of this section. A 57
provisional suspension imposed under this division shall remain in 58
effect until the special commission established by the chief 59
justice enters its judgment under division (C)(3) of this section. 60
After the special commission so enters its judgment, divisions 61
(C)(3) and (4) of this section shall govern the continuation of 62
the suspension. Division (E) of this section applies to a 63
provisional suspension imposed under this division.64

       If the public official files a written statement setting 65
forth the reasons why the public official should not be suspended 66
from office, the public official shall not be provisionally 67
suspended from office, and the attorney general or prosecuting 68
attorney, whichever sent the notice to the public official, shall 69
transmit a copy of the public official's written statement to the 70
chief justice of the supreme court. The attorney general's or 71
prosecuting attorney's request to the chief justice that was made 72
under division (B)(1) of this section remains applicable regarding 73
the public official, and the chief justice shall establish a 74
special commission pursuant to division (C)(1) of this section.75

       (C)(1) Not sooner than fourteen days after the chief 76
justice's receipt of the attorney general's or prosecuting 77
attorney's request under division (B)(1) of this section, the 78
chief justice shall establish a special commission composed of 79
three retired justices or judges of a court of record. A special 80
commission established under this division is an administrative 81
agency. The chief justice shall appoint the members of the special 82
commission and shall provide to the special commission all 83
documents and materials pertaining to the matter that were 84
received from the attorney general or prosecuting attorney under 85
division (B)(1) or (2) of this section. At least one member of the 86
special commission shall be of the same political party as the 87
public official. Members of the special commission shall receive 88
compensation for their services, and shall be reimbursed for any 89
expenses incurred in connection with special commission functions, 90
from funds appropriated to the attorney general's office.91

        (2) Once established under division (C)(1) of this section, a 92
special commission shall review the document that charges the 93
public official with the felony, all other documents and materials 94
pertaining to the matter that were provided by the chief justice 95
under division (C)(1) of this section, and the facts and 96
circumstances related to the offense charged. Within fourteen days 97
after it is established, the special commission shall make a 98
preliminary determination as to whether the public official's 99
administration of, or conduct in the performance of the duties of, 100
the official's office, as covered by the charges, adversely 101
affects the functioning of that office or adversely affects the 102
rights and interests of the public and, as a result, whether the 103
public official should be suspended from office. Upon making the 104
preliminary determination, the special commission immediately 105
shall provide the public official with notice of the preliminary 106
determination. The notice may be in writing, by telephone, or in 107
another manner. If the preliminary determination is that the 108
public official's administration of, or conduct in the performance 109
of the duties of, the official's office, as covered by the 110
charges, does not adversely affect the functioning of the office 111
or adversely affect the rights and interests of the public, the 112
preliminary determination automatically shall become the special 113
commission's final determination for purposes of division (C)(3) 114
of this section. If the preliminary determination is that the 115
public official's administration of, or conduct in the performance 116
of the duties of, the official's office, as covered by the 117
charges, adversely affects the functioning of the office or 118
adversely affects the rights and interests of the public and that 119
the public official should be suspended from office, the notice 120
shall inform the public official that the public official may 121
contest the preliminary determination by filing with the special 122
commission and within fourteen days after the date of the notice 123
to the public official a notice contesting the determination.124

        If the public official files a notice contesting the 125
preliminary determination within fourteen days after the date of 126
the notice to the public official, the public official may review 127
the reasons and evidence for the determination and may appear at a 128
meeting of the special commission to contest the determination and 129
present the public official's position on the matter. The meeting 130
of the special commission shall be held not later than fourteen 131
days after the public official files the notice contesting the 132
preliminary determination. The public official has a right to be 133
accompanied by an attorney while appearing before the special 134
commission, but the attorney is not entitled to act as counsel or 135
advocate for the public official before the special commission or 136
to present evidence or examine or cross-examine witnesses before 137
the special commission. At the conclusion of the meeting, the 138
special commission shall make a final determination as to whether 139
the public official's administration of, or conduct in the 140
performance of the duties of, the official's office, as covered by 141
the charges, adversely affects the functioning of the office or 142
adversely affects the rights and interests of the public and, as a 143
result, whether the public official should be suspended from 144
office and shall proceed in accordance with division (C)(3) of 145
this section.146

        If the public official does not file a notice contesting the 147
determinations within fourteen days after the date of the notice 148
to the public official, the special commission's preliminary 149
determination automatically shall become its final determination 150
for purposes of division (C)(3) of this section.151

        Notwithstanding anything to the contrary in section l2l.22 of 152
the Revised Code, all meetings of the special commission shall be 153
closed to the public. Notwithstanding anything to the contrary in 154
section 149.43 of the Revised Code, the records of the special 155
commission shall not be made available to the public for 156
inspection or copying until the special commission issues its 157
written report under this division.158

       (3) Upon making the final determination described in division 159
(C)(2) of this section regarding a public official who is charged 160
with a felony, including, if applicable, conducting a meeting 161
pursuant to that division for the public official to contest the 162
preliminary determination, the special commission shall issue a 163
written report that sets forth its findings and final 164
determination. The special commission shall send the report by 165
certified mail to the public official, the attorney general if the 166
attorney general is prosecuting the case or the prosecuting 167
attorney with responsibility to prosecute the case, whichever is 168
applicable, and any other person that the special commission 169
determines to be appropriate. Upon the issuance of the report, one 170
of the following applies:171

       (a) If the special commission in its final determination does 172
not determine that the public official's administration of, or 173
conduct in the performance of the duties of, the official's 174
office, as covered by the charges, adversely affects the 175
functioning of that office or adversely affects the rights and 176
interests of the public, the special commission shall include in 177
the report a statement to that effect, and the public official 178
shall not be suspended from office. If the public official was 179
provisionally suspended from office under division (B)(2) of this 180
section, the provisional suspension shall terminate immediately 181
upon the issuance of the report.182

       (b) If the special commission in its final determination 183
determines that the public official's administration of, or 184
conduct in the performance of the duties of, the official's 185
office, as covered by the charges, adversely affects the 186
functioning of that office or adversely affects the rights and 187
interests of the public, the special commission shall include in 188
the report a holding that the public official be suspended from 189
office. The holding that the public official be suspended from 190
office and the suspension take effect immediately upon the special 191
commission's issuance of the report. If the public official was 192
provisionally suspended from office under division (B)(2) of this 193
section, the holding that the public official be suspended from 194
office shall continue the suspension immediately upon the special 195
commission's issuance of the report. The report and holding shall 196
have the same force and effect as a judgment of a court of record.197

       (4) A suspension imposed or continued under division (C)(3) 198
of this section shall continue until one of the following occurs:199

       (a) The public official is reinstated to office by an appeal 200
as provided in division (D) of this section;201

       (b) All charges are disposed of by dismissal or by a finding 202
or findings of not guilty;203

       (c) A successor is elected and qualified to serve the next 204
succeeding term of the public official's office.205

       (D) If a special commission issues a written report and 206
holding pursuant to division (C)(3)(b) of this section that 207
suspends a public official from office or that continues a 208
provisional suspension imposed under division (B)(2) of this 209
section, the public official may appeal the report and holding to 210
the supreme court. The public official shall take the appeal by 211
filing within thirty days of the date on which the report is 212
issued a notice of appeal with the supreme court and the special 213
commission. Unless waived, notice of the appeal shall be served 214
upon all persons to whom the report was sent under division (C)(3) 215
of this section. The special commission, upon written demand filed 216
by the public official, shall file with the supreme court, within 217
thirty days after the filing of the demand, a certified transcript 218
of the proceedings of the special commission pertaining to the 219
report and the evidence considered by the special commission in 220
making its decision.221

       The supreme court shall consider an appeal under this 222
division on an expedited basis. If the public official appeals the 223
report and holding, the appeal itself does not stay the operation 224
of the suspension imposed or continued under the report and 225
holding. If, upon hearing and consideration of the record and 226
evidence, the supreme court decides that the determinations and 227
findings of the special commission are reasonable and lawful, the 228
court shall affirm the special commission's report and holding and 229
the suspension and shall enter final judgment in accordance with 230
its decision. If the public official subsequently pleads guilty to 231
or is found guilty of any felony with which the public official 232
was charged, the public official is liable for any amount of 233
compensation paid to the official during the suspension, with the 234
liability relating back to the date of the original suspension 235
under the special commission's report and holding, and the amount 236
of that liability may be recovered as provided in division (E) of 237
this section. If, upon hearing and consideration of the record and 238
evidence, the supreme court decides that the determinations and 239
findings of the special commission are unreasonable or unlawful, 240
the court shall reverse and vacate the special commission's report 241
and holding and the suspension, reinstate the public official, and 242
enter final judgment in accordance with its decision.243

       The clerk of the supreme court shall certify the judgment of 244
the court to the special commission. Upon receipt of the judgment, 245
the special commission shall certify the judgment to all persons 246
to whom the special commission's report was certified under 247
division (C)(3) of this section and shall certify the judgment to 248
all other public officials or take any other action in connection 249
with the judgment as is required to give effect to it.250

        (E) Any public official suspended from office under this 251
section shall not exercise any of the rights, powers, or 252
responsibilities of the holder of that office during the period of 253
the suspension. The suspended public official, however, shall 254
retain the title of the holder of that office during the period of 255
the suspension and continue to receive the compensation that the 256
official is entitled to receive for holding that office during the 257
period of the suspension, until the public official pleads guilty 258
to or is found guilty of any felony with which the public official 259
is charged or until one of the conditions in division (C)(4)(a), 260
(b), or (c) of this section occurs. For the duration of the public 261
official's suspension, aan interim replacement official shall be 262
appointed or electedby the county central committee of the 263
political party that nominated the suspended public official if 264
the suspended public official is an elected county official, or by 265
the probate judge of the court of common pleas if the suspended 266
public official is an elected official of a municipal corporation, 267
township, school district, or other political subdivision, to 268
perform the suspended public official's duties of office in the 269
manner provided by law for filling a vacancy in that office. The 270
interim replacement official shall have all of the rights, powers, 271
and responsibilities of, and shall be entitled to the same rate of 272
pay as, the suspended public official. The interim replacement 273
official shall give bond and take the oath of office. If the 274
office of the suspended public official becomes vacant during the 275
period of suspension, a public official shall be appointed or 276
elected to fill such vacancy as provided by law. If a regular 277
election is to occur during the period of suspension, a public 278
official shall be elected as provided by law. 279

       A political subdivision may file a civil action in the 280
appropriate court to recover from any former public official of 281
the political subdivision the amount of compensation paid to that 282
former public official in accordance with this division from the 283
date of the former public official's suspension to the date the 284
former public official pleads guilty to or is found guilty of any 285
felony with which the former public official was charged.286

       Sec. 119.06.  No adjudication order of an agency shall be 21
valid unless the agency is specifically authorized by law to make 22
such order.23

       No adjudication order shall be valid unless an opportunity 24
for a hearing is afforded in accordance with sections 119.01 to 25
119.13 of the Revised Code. Such opportunity for a hearing shall 26
be given before making the adjudication order except in those 27
situations where this section provides otherwise.28

       The following adjudication orders shall be effective without 29
a hearing:30

       (A) Orders revoking a license in cases where an agency is 31
required by statute to revoke a license pursuant to the judgment 32
of a court;33

       (B) Orders suspending a license where a statute specifically 34
permits the suspension of a license without a hearing;35

       (C) Orders or decisions of an authority within an agency if 36
the rules of the agency or the statutes pertaining to such agency 37
specifically give a right of appeal to a higher authority within 38
such agency, to another agency, or to the board of tax appeals, 39
and also give the appellant a right to a hearing on such appeal.40

       When a statute permits the suspension of a license without a 41
prior hearing, any agency issuing an order pursuant to such 42
statute shall afford the person to whom the order is issued a 43
hearing upon request.44

       Whenever an agency claims that a person is required by 45
statute to obtain a license, it shall afford a hearing upon the 46
request of a person who claims that the law does not impose such a 47
requirement.48

       Every agency shall afford a hearing upon the request of any 49
person who has been refused admission to an examination where such 50
examination is a prerequisite to the issuance of a license unless 51
a hearing was held prior to such refusal.52

       Unless a hearing was held prior to the refusal to issue the 53
license, every agency shall afford a hearing upon the request of a 54
person whose application for a license has been rejected and to 55
whom the agency has refused to issue a license, whether it is a 56
renewal or a new license, except that the following are not 57
required to afford a hearing to a person to whom a new license has 58
been refused because the person failed a licensing examination: 59
the state medical board, state chiropractic board, board of 60
examiners of architects board, board ofOhio landscape architect 61
examinersarchitects board, and any section of the Ohio 62
occupational therapy, physical therapy, and athletic trainers 63
board.64

       When periodic registration of licenses is required by law, 65
the agency shall afford a hearing upon the request of any licensee 66
whose registration has been denied, unless a hearing was held 67
prior to such denial.68

       When periodic registration of licenses or renewal of licenses 69
is required by law, a licensee who has filed an application for 70
registration or renewal within the time and in the manner provided 71
by statute or rule of the agency shall not be required to 72
discontinue a licensed business or profession merely because of 73
the failure of the agency to act on the licensee's application. 74
Action of an agency rejecting any such application shall not be 75
effective prior to fifteen days after notice of the rejection is 76
mailed to the licensee.77

       Sec. 4703.071.  (A) The state board of examiners of78
architects board shall establish and maintain and administer an 79
architecture education assistance program to pay applicant 80
enrollment fees for the internship program required of applicants 81
by section 4703.07 of the Revised Code.82

        (B) The board shall adopt rules in accordance with Chapter 83
119. of the Revised Code to establish all of the following:84

        (1) Applicant eligibility criteria for receipt of internship 85
program enrollment fees, which must include a requirement that 86
applicants be enrolled in an architecture education program at an 87
institution within the state that has been approved by the board 88
and accredited by the national architectural accrediting board, 89
and may include a requirement that the applicant has completed a 90
minimum amount of course work in the program as prescribed by the 91
state board by rule;92

        (2) Application procedures for payment of internship program 93
enrollment fees;94

        (3) The maximum amount of internship program enrollment fees 95
that may be provided by the architecture education assistance 96
program to an applicant;97

        (4) The total amount of internship program enrollment fees 98
that may be disbursed by the architecture education assistance 99
program in any given fiscal year;100

        (5) The means by which other matters incidental to the 101
operation of the program may be approved, including the means to 102
authorize necessary expenses for the operation of the architecture 103
education assistance program.104

        (C) The receipt of internship program enrollment fees under 105
this section shall not affect a student's eligibility for any 106
other assistance, or the amount of that assistance.107

       Sec. 4703.15. (A) The architects board may by three 108
concurring votes deny renewal of, revoke, or suspend any 109
certificate of qualification to practice architecture, issued or 110
renewed under sections 4703.10, 4703.13, and 4703.14 of the 111
Revised Code, or any certificate of authorization, issued or 112
renewed under sections 4703.13 and 4703.18 of the Revised Code, if 113
proof satisfactory to the board is presented in any of the 114
following cases:115

       (1) In case it is shown that the certificate was obtained by 116
fraud;117

       (2) In case the holder of the certificate has been found 118
guilty by the board or by a court of justice of any fraud or 119
deceit in the holder's professional practice, or has been 120
convicted of a felony by a court of justice;121

       (3) In case the holder has been found guilty by the board of 122
gross negligence, incompetency, or misconduct in the performance 123
of the holder's services as an architect or in the practice of 124
architecture;125

       (4) In case the holder of the certificate has been found 126
guilty by the board of signing plans for the construction of a 127
building as a "registered architect" where the holder is not the 128
actual architect of such building and where the holder is without 129
prior written consent of the architect originating the design or 130
other documents used in the plans;131

       (5) In case the holder of the certificate has been found 132
guilty by the board of aiding and abetting another person or 133
persons not properly registered as required by sections 4703.01 to 134
4703.19 of the Revised Code, in the performance of activities that 135
in any manner or extent constitute the practice of architecture.136

       At any time after the expiration of six months from the date 137
of the revocation or suspension of a certificate, the individual, 138
firm, partnership, association, or corporation may apply for 139
reinstatement of the certificate. Upon showing that all loss 140
caused by the individual, firm, partnership, association, or 141
corporation whose certificate has been revoked or suspended has 142
been fully satisfied and that all conditions imposed by the 143
revocation or suspension decision have been complied with, and 144
upon the payment of all costs incurred by the board as a result of 145
the case at issue, the board, at its discretion and upon evidence 146
that in its opinion would so warrant, may restore the certificate.147

       (B) In addition to disciplinary action the board may take 148
against a certificate holder under division (A) of this section or 149
section 4703.151 of the Revised Code, the board may impose a fine 150
against a certificate holder who obtained a certificate by fraud 151
or who is found guilty of any act specified in divisions (A)(2) to 152
(A)(5) of this section or who violates any rule governing the 153
standards of service, conduct, and practice adopted pursuant to 154
section 4703.02 of the Revised Code. The fine imposed shall be not 155
more than one thousand dollars for each offense but shall not 156
exceed five thousand dollars regardless of the number of offenses 157
the certificate holder has committed between the time the fine is 158
imposed and the time any previous fine was imposed.159

       (C) If a person fails to request a hearing within thirty days 160
after the date the board, in accordance with section 119.07 of the 161
Revised Code, notifies the person of the board's intent to act 162
against the person under division (A) of this section, the board 163
by a majority vote of a quorum of the board members may take the 164
action against a person without holding an adjudication hearing.165

       Sec. 4703.30.  As used in sections 4703.30 to 4703.49 of the 166
Revised Code:167

       (A) "Landscape architect," "professional landscape 168
architect," or "registered landscape architect" means a person who 169
has been registered as provided in sections 4703.30 to 4703.49 of 170
the Revised Code.171

       (B) "Landscape architecture" or "the practice of landscape 172
architecture" includes:173

       (1) The preparation of master, site, and comprehensive 174
development plans, the preparation of feasibility and site 175
selection studies, and the supervision of the execution of 176
projects thereon, in accordance with the accepted professional 177
standards of public health, welfare, and safety, where the 178
dominant purpose of such service involves:179

       (a) The preservation, conservation, enhancement, or 180
determination of proper land and water uses, natural land 181
features, ground cover and plantings, naturalistic and aesthetic 182
values, natural systems, reforestation, restoration, and 183
reclamation;184

       (b) The determination of settings, grounds, and approaches 185
for buildings and structures or other improvements; the 186
determination of environmental problems of land relating to 187
erosion and sediment control, flooding, blight and other hazards; 188
the shaping and contouring of land and water forms; the 189
determination of grades; and the determination of surface and 190
ground water drainage and providing for drainage systems where 191
such systems do not require structural design of system components 192
or a hydraulic analysis of the receiving storm water conveyance 193
system;194

       (c) The development of roadways and parkways, equestrian, 195
bicycle, and pedestrian circulation systems, sidewalks, parking, 196
planting, pools, irrigation systems, and other ancillary elements, 197
for public and private use and enjoyment.198

       (2) The preparation of construction documents, provided that 199
these are limited to and are necessary for projects within the 200
scope of the practice of landscape architecture as defined in 201
divisions (B)(1)(a), (b), and (c) of this section;202

       (3) The following services as they relate to the practice of 203
landscape architecture:204

       (a) Construction observation;205

       (b) Project coordination and review of technical submissions, 206
plans, and construction documents;207

       (c) Collaboration with architects and professional engineers 208
in the design of streets, highways, bridges, buildings, and 209
structures with respect to the functional and aesthetic 210
requirements of the area in which such facilities are to be 211
placed.212

       (4) This practice shall include the location and arrangement 213
of such tangible objects and features as are incidental and 214
necessary to the purposes outlined in this section, but shall not 215
include the design of structures or facilities with separate and 216
self-contained purposes for habitation or industry, or the design 217
of streets and highways, utilities, storm and sanitary sewers, and 218
water and sewage treatment facilities, such as are exclusive to 219
the practice of engineering or architecture. A landscape architect 220
shall undertake to perform professional services only when the 221
landscape architect is qualified by education, training, and 222
experience in the specific technical areas involved. This division 223
shall not be construed to prohibit a landscape architect from 224
engaging individuals performing services outside the scope of the 225
landscape architect's qualifications as consultants.226

       (5) The practice of landscape architecture does not include 227
the practice of surveying as defined in division (F) of section 228
4733.01 of the Revised Code.229

       (C) "Board" means the stateOhio landscape architects board 230
of landscape architect examiners.231

       Sec. 4703.31.  (A) There is hereby created the state board of232
Ohio landscape architect examinersarchitects board. The board 233
shall consist of five members appointed by the governor. All 234
appointments made to the board shall be for a five-year term 235
commencing on the eleventh day of November and ending on the tenth 236
day of November. Each member shall hold office from the date of 237
appointment until the end of the term to which the member was 238
appointed. Any member shall continue in office subsequent to the 239
expiration date of the member's term until the member's successor 240
is appointed, or until a period of sixty days has elapsed, 241
whichever occurs first. Three of the members shall be landscape 242
architects registered under sections 4703.33 to 4703.37 of the 243
Revised Code for not less than five years prior to appointment to 244
the board. One member shall be appointed from a licensed design 245
profession and one member shall represent the public. Any member 246
of the board may be removed by the governor at any time for cause.247

       (B) In the event of a vacancy in the office of a member of 248
the board other than by reason of the expiration of a term, the 249
governor, not later than ninety days after the occurrence of the 250
vacancy, shall appoint a person to hold office for the remainder 251
of the unexpired term.252

       (C) The board shall elect from its members a president and a 253
secretary who shall hold those offices for one year.254

       (D) Each member of the board shall receive as a part of the 255
expense of the board an amount fixed pursuant to division (J) of 256
section 124.15 of the Revised Code for each day actually employed 257
in the discharge of official duties, along with other necessary 258
expenses.259

       (E) The board shall meet at least twice each calendar year 260
for purposes of transacting regular business and may hold other 261
meetings upon the call of the president or a majority of the 262
members of the board after reasonable notice to the other board 263
members of the time and place of the meeting. Three members of the 264
board constitute a quorum for the transaction of business.265

       (F) The board shall utilize the physical facilities and 266
administrative staff of the state board of examiners of architects 267
board for the discharge of all the Ohio landscape architects268
board's administrative duties in connection with the 269
administration and enforcement of sections 4703.30 to 4703.52 of 270
the Revised Code. The state board ofOhio landscape architect 271
examinersarchitects board shall bear a proportionate share of the 272
cost of those administrative services, which shall not exceed its 273
revenue.274

       Sec. 4703.32.  (A) No person shall engage in the practice of 275
landscape architecture or use the title of "landscape architect," 276
"professional landscape architect," or "registered landscape 277
architect" or any title, sign, card, or device indicating, or 278
tending to indicate, or represent in any manner that the person is 279
a landscape architect, professional landscape architect, or 280
registered landscape architect, unless the person is registered 281
under sections 4703.30 to 4703.49 of the Revised Code.282

       Any person registered pursuant to sections 4703.30 to 4703.99 283
of the Revised Code may be designated or known as a landscape 284
architect, professional landscape architect, or registered 285
landscape architect.286

       No person shall assume a title or use any abbreviation, 287
words, letters, or figures to indicate or imply that the person is 288
a landscape architect, professional landscape architect, or 289
registered landscape architect, unless the person is registered 290
under sections 4703.30 to 4703.49 of the Revised Code.291

       (B) Notwithstanding division (A) of this section, the Ohio 292
landscape architects board may authorize any person to use the 293
title "emeritus landscape architect." An emeritus landscape 294
architect is an individual who has been registered to practice 295
landscape architecture in this state for at least ten years, is 296
fully retired from the practice of landscape architecture, and is 297
at least sixty-five years old. An emeritus landscape architect is 298
exempt from the continuing education and fee requirements of 299
sections 4703.30 to 4703.49 of the Revised Code.300

       (C) Sections 4703.30 to 4703.49 of the Revised Code are not 301
intended to restrict or otherwise affect the right of any 302
individual to practice architecture under sections 4703.01 to 303
4703.19 of the Revised Code or engineering under sections 4733.01 304
to 4733.27 of the Revised Code. This division does not exclude a 305
registered architect from the practice of landscape architecture 306
that is incidental to the practice of architecture or exclude a 307
landscape architect from the practice of architecture that is 308
incidental to the practice of landscape architecture.309

       (C)(D) Sections 4703.30 to 4703.49 of the Revised Code do not 310
affect the right of any individual to engage in the occupation of 311
growing or marketing nursery stock or to use the title 312
"nurseryperson," "landscape nurseryperson," "gardener," "landscape 313
gardener," "landscape designer," "general contractor," "landscape 314
contractor," "land developer," "golf course architect," or "golf 315
course designer," provided that no individual shall engage in the 316
practice of landscape architecture or use the title "landscape 317
architect," "professional landscape architect," or "registered 318
landscape architect," unless the person has complied with sections 319
4703.30 to 4703.49 of the Revised Code.320

       (D)(E) Nothing in sections 4703.30 to 4703.49 of the Revised 321
Code prevents a vendor of goods, services, or materials, including 322
nurserypersons, landscape nurserypersons, gardeners, landscape 323
gardeners, landscape designers, general or landscape contractors, 324
land developers, and golf course architects or golf course 325
designers, from providing drawings or graphic diagrams that are 326
necessary for the proper layout of the vendor's goods or materials 327
for public or private land or arranging for the installation of 328
the goods or materials. Nothing in sections 4703.30 to 4703.49 of 329
the Revised Code prevents a landscape designer from engaging in, 330
for a fee, the design of spaces utilizing plant materials and 331
ancillary paving and building materials or arranging for the 332
installation of the materials. Nothing in sections 4703.30 to 333
4703.49 of the Revised Code shall be construed in any manner to 334
prohibit a person from designing or preparing drawings or 335
specifications for any real property owned by that person.336

       (E)(F) Each landscape architect, upon registration by the337
state board ofOhio landscape architect examinersarchitects 338
board, may obtain a stamp of the design authorized by the board, 339
bearing the name of the registrant, date of registration, number 340
of certificate, and the legend "registered landscape architect," 341
"professional landscape architect," or "landscape architect." All 342
professional documents, including maps, plans, designs, drawings, 343
specifications, estimates, and reports, issued by a registrant may 344
be stamped only while the registrant's certificate is in full 345
force and effect.346

       Sec. 4703.33.  (A) The state board ofOhio landscape 347
architect examinersarchitects board, in accordance with Chapter 348
119. of the Revised Code, may adopt, amend, and enforce rules 349
governing the standards for education, experience, services, 350
conduct, and practice to be followed in the practice of the 351
profession of landscape architecture and rules pertaining to the 352
satisfactory completion of continuing education requirements. If 353
the board adopts rules pertaining to continuing education 354
requirements, the board shall specify in the rules that the 355
continuing education requirements may be satisfied by coursework 356
or activities dealing with technical, ethical, or managerial 357
topics relevant to the practice of landscape architecture and that 358
a registrant may earn continuing professional education hours by 359
completing or teaching university or college level coursework; 360
attending seminars, workshops, or conferences; authoring relevant 361
published papers, articles, or books; receiving patent awards; 362
actively participating in professional or technical societies 363
serving the landscape architecture profession, or actively 364
participating in any other activity deemed relevant by the board. 365
If the board adopts rules pertaining to continuing education 366
requirements, the board shall, in general, follow model continuing 367
education recommendations established by the council of landscape 368
architectural registration boards or a similar successor 369
organization.370

       (B) The board, or the board's designee, shall hold 371
examinations not less than once annually and shall register as a 372
landscape architect each applicant who demonstrates to the 373
satisfaction of the board that the applicant has met all the 374
requirements of section 4703.34 of the Revised Code.375

       (C) The board shall issue to each individual registered 376
pursuant to this section a certificate of qualification.377

       (D) The board shall appoint at least one of its members as a 378
delegate to each regional and annual meeting of the council of 379
landscape architectural registration boards.380

       Sec. 4703.331.  (A) A firm, partnership, association, limited 381
liability company, or corporation may provide landscape 382
architectural services in this state as long as the services are 383
provided only through natural persons registered to provide those 384
services in this state and subject to the requirements of this 385
chapter.386

       (B) No firm, partnership, association, limited liability 387
company, or corporation shall provide landscape architectural 388
services, hold itself out to the public as providing landscape 389
architectural services, or use a name including the word 390
"landscape architect," "professional landscape architect," or 391
"registered landscape architect" or any modification or derivation 392
of the wordthose words, unless the firm, partnership, 393
association, limited liability company, or corporation files all 394
information required to be filed under this section with the state 395
board ofOhio landscape architect examinersarchitects board and 396
otherwise complies with all requirements of this chapter. A 397
nonprofit membership corporation may use a name including the word 398
"landscape architect," "professional landscape architect," or 399
"registered landscape architect" or any modification or derivation 400
of the wordthose words without complying with this section.401

       (C) A corporation may be organized under Chapter 1701. of the 402
Revised Code, a professional association may be organized under 403
Chapter 1785. of the Revised Code, or a limited liability company 404
may be formed under Chapter 1705. of the Revised Code for the 405
purpose of providing professional engineering, surveying, 406
architectural, or landscape architectural services, or any 407
combination of those services. A corporation organized under 408
Chapter 1701. of the Revised Code for the purpose of providing 409
those services also may be organized for any other purpose in 410
accordance with that chapter.411

       (D) No firm, partnership, association, limited liability 412
company, or corporation shall provide or offer to provide 413
landscape architectural services in this state unless more than 414
fifty per cent of the partners, members, or shareholders, more 415
than fifty per cent of the directors in the case of a corporation 416
or professional association, more than fifty per cent of the 417
managers in the case of a limited liability company the management 418
of which is not reserved to its members, and more than fifty per 419
cent of the trustees in the case of an employee stock ownership 420
plan, are professional engineers, surveyors, architects, or 421
landscape architects or a combination of those professions, who 422
are registered in this or any other state and who own more than 423
fifty per cent of the interests in the firm, partnership, 424
association, limited liability company, or corporation; unless the 425
requirements of this division and of section 1785.02 of the 426
Revised Code are satisfied with respect to any professional 427
association organized under Chapter 1785. of the Revised Code; or 428
unless the requirements of this division and of Chapter 1705. of 429
the Revised Code are satisfied with respect to a limited liability 430
company formed under that chapter.431

       (E) Each firm, partnership, association, limited liability 432
company, or corporation through which landscape architectural 433
services are offered or provided in this state shall designate one 434
or more trustees, partners, managers, members, officers, or 435
directors as being in responsible charge of the professional 436
landscape architectural activities and decisions, and those 437
designated persons shall be registered in this state. Each firm, 438
partnership, association, limited liability company, or 439
corporation of that type shall annually file with the state board 440
of landscape architect examiners the name and address of each 441
trustees, partner, manager, officer, director, member, or 442
shareholder, and each firm, partnership, association, limited 443
liability company, or corporation of that type shall annually file 444
with the board the name and address of all persons designated as 445
being in responsible charge of the professional landscape 446
architectural activities and decisions and any other information 447
the board may require. If there is a change in any such person in 448
the interval between filings, the change shall be filed with the 449
board in the manner and within the time that the board determines.450

       (F) No corporation organized under Chapter 1701. of the 451
Revised Code shall engage in providing landscape architectural 452
services in this state without obtaining a certificate of 453
authorization from the state board of landscape architect 454
examiners. A corporation desiring a certificate of authorization 455
shall file with the board a copy of its articles of incorporation 456
and a listing on the form that the board directs of the names and 457
addresses of all trustees, officers, directors, and shareholders 458
of the corporation, the names and addresses of any individuals 459
providing professional services on behalf of the corporation who 460
are registered to practice landscape architecture in this state, 461
and any other information the board requires. If all requirements 462
of this chapter are met, the board may issue a certificate of 463
authorization to the corporation. No certificate of authorization 464
shall be issued unless persons owning more than fifty per cent of 465
the corporation's shares and more than fifty per cent of the 466
interests in the corporation are professional engineers, 467
surveyors, architects, or landscape architects, or a combination 468
of those professions, who are registered in this or any other 469
state. Any corporation that holds a certificate of authorization 470
under this section and otherwise meets the requirements of this 471
chapter may be organized for any purposes for which corporations 472
may be organized under Chapter 1701. of the Revised Code and shall 473
not be limited to the purposes of providing professional 474
engineering, surveying, architectural, or landscape architectural 475
services or any combination of those services. The board, by rules 476
adopted in accordance with Chapter 119. of the Revised Code, may 477
require any firm, partnership, association, or limited liability 478
company not organized under Chapter 1701. of the Revised Code that 479
provides landscape architectural services to obtain a certificate 480
of authorization. If the board so requires, no firm, partnership, 481
association, or limited liability company shall engage in 482
providing landscape architectural services without obtaining the 483
certificate and complying with the rules.484

       (G) This section does not modify any law applicable to the 485
relationship between a person furnishing a professional service 486
and a person receiving that service, including liability arising 487
out of that service.488

       (H) Nothing in this section shall restrict or limit in any 489
manner the authority or duty of the state board of landscape 490
architect examiners with respect to natural persons providing 491
professional services or any law or rule pertaining to standards 492
of professional conduct.493

       Sec. 4703.34.  (A) Any individual desiring to be registered 494
as a landscape architect may apply in writing to the state board 495
ofOhio landscape architect examinersarchitects board in the 496
manner prescribed by the board.497

       (B) Except as provided in section 4703.35 of the Revised 498
Code, each application shall include, or be accompanied by, 499
evidence given under oath or affirmation and satisfactory to the 500
board that the applicant possesses the qualifications prescribed 501
by division (C) of this section and also possesses, or is in the 502
process of obtaining, one of the qualifications required by 503
division (D) of this section. Each applicant shall include in the 504
application a request for examination. The board shall permit an 505
applicant who is in the process of completing the requirement 506
specified in division (D) of this section to take an examination, 507
but the board shall not register such an applicant until the 508
applicant completes the requirement.509

       (C) Except as provided in section 4703.35 of the Revised 510
Code, each applicant for registration as a landscape architect 511
shall pass, to the satisfaction of the board, an examination 512
conducted under the authority of the board to determine the 513
fitness of the applicant for registration. The applicant shall be 514
at least eighteen years of age and of good moral character and 515
shall have obtained a professional degree in landscape 516
architecture from a program accredited by the national landscape 517
architect accrediting board.518

       (D) In addition to the qualifications required by division 519
(C) of this section, the applicant shall meet either of the 520
following requirements:521

       (1) Has completed three years of practical experience in the 522
office of and under the direct supervision of a registered 523
landscape architect who is actively involved in the practice of 524
landscape architecture, or equivalent experience, as determined by 525
the board, provided that at least one year of the practical 526
experience or its equivalent as required by division (D)(1) of 527
this section shall have been completed by the applicant subsequent 528
to the completion of the educational requirements established by 529
division (C) of this section;530

       (2) Has completed the requirements for training under an 531
internship program established pursuant to rules adopted by the 532
board that includes, but is not limited to, training in design and 533
construction documents and construction administration and office 534
management, or has equivalent experience that is acceptable to the 535
board.536

       Sec. 4703.35.  The state board ofOhio landscape architect 537
examinersarchitects board shall register as a landscape architect 538
any individual who is at least eighteen years of age and who 539
provides evidence satisfactory to the board that hethe individual540
is a registered or licensed landscape architect in another sate541
state or country in which the qualifications, at the time of 542
licensure, were substantially equal, in the opinion of the board, 543
to the requirements for registration as a landscape architect in 544
this state. The board may require that an applicant for 545
registration under this section hold a current council record or546
certificate in good standing issued by the council of landscape 547
architectural registration boardboards.548

       Sec. 4703.36.  (A) The state board ofOhio landscape 549
architect examinersarchitects board shall register as a landscape 550
architect each applicant who demonstrates to the satisfaction of 551
the board that the applicant has met all requirements of section 552
4703.34 of the Revised Code or, in lieu thereof, has complied with 553
section 4703.35 of the Revised Code. The certificate issued to 554
each individual shall be prima-facie evidence of the right of the 555
individual to whom it is issued to represent self as a landscape 556
architect and to enter the practice of landscape architecture, 557
subject to sections 4703.30 to 4703.49 of the Revised Code.558

       (B) Each certificate of qualification issued and registered 559
on or after the effective date of this amendment shall authorize 560
the holder to practice landscape architecture as a landscape 561
architect in this state until the last day of OctoberDecember of 562
each odd-numberedeven-numbered calendar year, unless revoked or 563
suspended for cause as provided in this chapter or suspended 564
pursuant to section 3123.47 of the Revised Code. License renewal 565
shall be conducted in accordance with the standard license renewal 566
procedure in Chapter 4745. of the Revised Code. Each applicant for 567
license renewal shall demonstrate satisfactory completion of any 568
continuing education requirements the state board of landscape 569
architect examiners adopts under section 4703.33 of the Revised 570
Code. Each renewal shall be recorded in the official register of 571
the board.572

       (C) Each person registered by the board shall secure a seal 573
of the design prescribed by the board. All plans, specifications, 574
drawings, and other documents prepared by, or under the direct 575
supervision of, the landscape architect shall be imprinted with 576
the seal in accordance with the requirements of the board.577

       (D) Each certificate of authorization issued under division 578
(F) of section 4703.331 of the Revised Code shall authorize the 579
holder to provide landscape architectural services, through the 580
landscape architect designated as being in responsible charge of 581
the landscape architectural activities and decisions, from the 582
date of issuance until the last day of June next succeeding the 583
date upon which the certificate was issued unless the certificate 584
has been suspended or revoked for cause as provided in section585
4703.424703.41 of the Revised Code.586

       Sec. 4703.37.  (A) The state board ofOhio landscape 587
architect examinersarchitects board shall establish an 588
application fee for obtaining registration under section 4703.34 589
of the Revised Code and a fee for obtaining registration under 590
section 4703.35 of the Revised Code.591

       (B) The fee to restore an expired certificate of 592
qualification is the renewal fee for the current certification 593
period, plus the renewal fee for each previous renewal period in 594
which the certificate was not renewed, plus a penalty of 595
twenty-five per cent of the total renewal fees for each renewal 596
period or part thereof in which the certificate was not renewed, 597
on the condition that the maximum fee shall not exceed an amount 598
established by the board.599

       (C) The board also shall establish the following fees:600

       (1) The fee for taking or retaking the examination described 601
in division (C) of section 4703.34 of the Revised Code at an 602
amount adequate to cover the expenses of procuring and grading the 603
examination plus a fee for retaking all or parts of the required 604
examination.605

       (2) The fee for a certificate of qualification or duplicate 606
thereof, as issued to a landscape architect registered under 607
sections 4703.33 to 4703.38 of the Revised Code.608

       (3)(2) The fee for the biennial renewal of the certificate of 609
qualification and the fee for a duplicate renewal card.610

       (4)(3) The fee to be charged an examinee for administering an 611
examination to the examinee on behalf of another jurisdiction.612

       (5)(4) The fee for a certificate of authorization issued 613
under division (F) of section 4703.331 of the Revised Code, the 614
fee for annual renewal of a certificate of authorization, and the 615
fee for a duplicate certificate of authorization.616

       (6)(5) The fee to cover costs for checks or other instruments 617
returned to the board by financial institutions due to 618
insufficient funds.619

       Sec. 4703.38.  The board ofOhio landscape architect 620
examinersarchitects board shall promulgate rules setting fees in 621
accordance with section 4703.37 of the Revised Code, and governing 622
the application, examination procedure, renewal, revocation, 623
denial, or failure to renew registration in accordance with 624
Chapter 119. of the Revised Code.625

       Sec. 4703.41.  The state board ofOhio landscape architect 626
examinersarchitects board may refuse to register any applicant or 627
refuse to issue a certificate of authorization to any applicant, 628
may refuse to renew the registration of any landscape architect 629
registered under sections 4703.30 to 4703.49 or a certificate of 630
authorization issued under division (F) of section 4703.331 of the 631
Revised Code, or may suspend for a period not exceeding one year632
or revoke the registration of any landscape architect registered 633
under sections 4703.30 to 4703.49 of the Revised Code or a 634
certificate of authorization issued under division (F) of section 635
4703.331 of the Revised Code, or may fine a person when the 636
registrant or, holder of a certificate of authorization, or other 637
person does any of the following:638

       (A) Has obtained or attempted to obtain registration or a 639
certificate of authorization under sections 4703.30 to 4703.49 of 640
the Revised Code by fraud or material misrepresentation or by 641
false oath or affirmation;642

       (B) Is impersonating or has attempted to impersonate a 643
landscape architect or a former landscape architect;644

       (C) Is found by the board to have been guilty of fraud, 645
deceit, or gross negligence in the practice of landscape 646
architecture or in providing landscape architectural services;647

       (D) Has affixed the registrant's or certificate holder's 648
signature to plans, drawings, specifications, or other 649
professional documents that have not been prepared by the 650
registrant or certificate holder or under the registrant's or 651
certificate holder's immediate and responsible direction, or has 652
permitted the registrant's or certificate holder's name to be used 653
for the purpose of assisting any individual, not a landscape 654
architect, to evade sections 4703.30 to 4703.49 of the Revised 655
Code;656

       (E) Fails the examination under section 4703.33 of the 657
Revised Code;658

       (F) Is found by the board to have violated any rule governing 659
the standards for education, experience, services, conduct, and 660
practice or any rule adopted by the board under sections 4703.30 661
to 4703.49 of the Revised Code;662

       (G) Fails to comply with any disciplinary sanction issued by 663
the board.664

       Sec. 4703.411. (A) No person shall do any of the following:665

        (1) Obtain or attempt to obtain registration or a certificate 666
of authorization under sections 4703.30 to 4703.49 of the Revised 667
Code by fraud or material misrepresentation or by false oath or 668
affirmation;669

        (2) Impersonate or attempt to impersonate a landscape 670
architect or former landscape architect;671

        (3) Recklessly engage in fraud, deceit, or gross negligence 672
in the practice of landscape architecture or in providing 673
landscape architectural services.674

        (B) No registrant or certificate holder shall do either of 675
the following:676

        (1) Affix the registrant's or certificate holder's signature 677
to plans, drawings, specifications, or other professional 678
documents that have not been prepared by the registrant or 679
certificate holder or under the registrant's or certificate 680
holder's immediate and responsible direction;681

        (2) Permit the registrant's or certificate holder's name to 682
be used for the purpose of assisting any individual, not a 683
landscape architect, to evade sections 4703.30 to 4703.49 of the 684
Revised Code.685

       Sec. 4703.44. Unless otherwise provided in section 4703.42 686
of the Revised Code, theThe administrative procedures of the 687
state board ofOhio landscape architect examinersarchitects board688
shall be governed by Chapter 119. of the Revised Code, and the689
president of the board and the president'sboard's authorized 690
representatives may administer oaths, take depositions, and issue 691
subpoenas to compel the attendance of witnesses and the production 692
of books, papers, records, memoranda, or other information 693
necessary to the carrying out of sections 4703.30 to 4703.52 of 694
the Revised Code.695

       If a person fails to request a hearing within thirty days 696
after the date the board, in accordance with section 119.07 of the 697
Revised Code, notifies the person of the board's intent to act 698
against the person under section 4703.41 of the Revised Code, the 699
board, by a majority vote of a quorum of the board members, may 700
take the action against a person without holding an adjudication 701
hearing.702

       Sec. 4703.46.  (A) The state board ofOhio landscape 703
architect examinersarchitects board, upon its own motion or upon 704
the verified complaint in writing of any person, may investigate 705
any alleged violation of sections 4703.30 to 4703.52 of the 706
Revised Code. The board, in its discretion, may disregard any 707
complaint filed more than two years after the act or omission 708
alleged as a violation of those sections.709

       (B) The board may apply to any court of competent 710
jurisdiction for relief by injunction or restraining order to 711
enjoin or restrain a person, firm, corporation, partnership, 712
limited liability company, or other group or combination of 713
persons from the commission of any act that is prohibited by 714
sections 4703.30 to 4703.52 of the Revised Code or by rules 715
adopted by the board under sections 4703.30 to 4703.49 of the 716
Revised Code that govern the standards of service, conduct, and 717
practice to be followed in the practice of landscape architecture.718

       Sec. 4703.49.  The attorney general is hereby designated as 719
the legal advisor of the state board ofOhio landscape architect 720
examinersarchitects board.721

       The prosecuting attorney in each of the counties shall 722
prosecute by court action all violations of sections 4703.30 to 723
4703.52 of the Revised Code occurring in the prosecuting 724
attorney's jurisdiction as may be presented for prosecution by the 725
board or the board's designee.726

       Sec. 4703.50.  All receipts of the architects board and state 727
board ofOhio landscape architect examinersarchitects board shall 728
be deposited in the state treasury to the credit of the 729
occupational licensing and regulatory fund. All expenditures of 730
the boards shall be paid pursuant to vouchers approved by the 731
secretary or executive secretary of the architects board, or both, 732
as authorized by the board.733

       Sec. 4703.52.  On receipt of a notice pursuant to section 734
3123.43 of the Revised Code, the architects board and the state 735
board ofOhio landscape architects examinersboard shall comply 736
with sections 3123.41 to 3123.50 of the Revised Code and any 737
applicable rules adopted under section 3123.63 of the Revised Code 738
with respect to a certificate issued pursuant to this chapter.739

       Sec. 4703.53.  The architects board and the state board of740
Ohio landscape architect examinersarchitects board shall comply 741
with section 4776.20 of the Revised Code.742

       Sec. 4703.99.  (A) Whoever violates division (A) of section 743
4703.18 or section 4703.411 of the Revised Code is guilty of a 744
misdemeanor of the third degree; for each subsequent offense such 745
person is guilty of a misdemeanor of the first degree.746

       (B) Whoever violates sections 4703.30 to 4703.49section 747
4703.32 of the Revised Code shall be fined not less than fifty nor 748
more than two hundred dollars for the first offense; for each 749
subsequent offense such person shall be fined not less than two 750
hundred nor more than five hundred dollars.751

       Section 2.  That existing sections 3.16, 119.06, 4703.071, 4703.15, 752
4703.30, 4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35, 753
4703.36, 4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49, 754
4703.50, 4703.52, 4703.53, and 4703.99, and sections 4703.42, 755
4703.43, and 4703.45 of the Revised Code are hereby repealed.756

       Section 3.  If an individual holds a certificate of 757
qualification to practice landscape architecture as a landscape 758
architect on the effective date of this act, or if an individual's 759
application for registration as a landscape architect is pending 760
on the effective date of this act and a certificate of 761
qualification is subsequently issued to the individual, the 762
certificate of qualification does not expire until December 31, 763
2016, unless it is revoked or suspended for cause as provided in 764
Chapter 4703. of the Revised Code or is suspended under section 765
3123.47 of the Revised Code.766

       Section 4.  Section 4703.32 of the Revised Code is presented 767
in this act as a composite of the section as amended by both Sub. 768
H.B. 214 and Am. Sub. H.B. 337 of the 124th General Assembly. The 769
General Assembly, applying the principle stated in division (B) of 770
section 1.52 of the Revised Code that amendments are to be 771
harmonized if reasonably capable of simultaneous operation, finds 772
that the composite is the resulting version of the section in 773
effect prior to the effective date of the section as presented in 774
this act.775

       Section 5. This act is hereby declared to be an emergency 289
measure necessary for the immediate preservation of the public 290
peace, health, and safety. The reason for such necessity is that 291
an interim replacement public official is needed to carry on 292
official duties when a public official is suspended. Therefore, 293
this act shall go into immediate effect.294