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S. B. No. 68 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 119.06, 4703.071, 4703.15, 4703.30,
4703.31, 4703.32, 4703.33, 4703.331, 4703.34,
4703.35, 4703.36, 4703.37, 4703.38, 4703.41,
4703.44, 4703.46, 4703.49, 4703.50, 4703.52,
4703.53, and 4703.99, to enact section 4703.411,
and to repeal sections 4703.42, 4703.43, and
4703.45 of the Revised Code to eliminate the
process for reinstatement of certificates issued
by the Architects Board, to allow the Architects
Board to deny renewal of, revoke, or suspend
certificates issued by the Architects Board
without an adjudication hearing when such a
hearing is not requested, and to make changes
related to the laws governing landscape
architects.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.06, 4703.071, 4703.15, 4703.30,
4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35, 4703.36,
4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49, 4703.50,
4703.52, 4703.53, and 4703.99 be amended and section 4703.411 of
the Revised Code be enacted to read as follows:
Sec. 119.06. No adjudication order of an agency shall be
valid unless the agency is specifically authorized by law to make
such order.
No adjudication order shall be valid unless an opportunity
for a hearing is afforded in accordance with sections 119.01 to
119.13 of the Revised Code. Such opportunity for a hearing shall
be given before making the adjudication order except in those
situations where this section provides otherwise.
The following adjudication orders shall be effective without
a hearing:
(A) Orders revoking a license in cases where an agency is
required by statute to revoke a license pursuant to the judgment
of a court;
(B) Orders suspending a license where a statute specifically
permits the suspension of a license without a hearing;
(C) Orders or decisions of an authority within an agency if
the rules of the agency or the statutes pertaining to such agency
specifically give a right of appeal to a higher authority within
such agency, to another agency, or to the board of tax appeals,
and also give the appellant a right to a hearing on such appeal.
When a statute permits the suspension of a license without a
prior hearing, any agency issuing an order pursuant to such
statute shall afford the person to whom the order is issued a
hearing upon request.
Whenever an agency claims that a person is required by
statute to obtain a license, it shall afford a hearing upon the
request of a person who claims that the law does not impose such a
requirement.
Every agency shall afford a hearing upon the request of any
person who has been refused admission to an examination where such
examination is a prerequisite to the issuance of a license unless
a hearing was held prior to such refusal.
Unless a hearing was held prior to the refusal to issue the
license, every agency shall afford a hearing upon the request of a
person whose application for a license has been rejected and to
whom the agency has refused to issue a license, whether it is a
renewal or a new license, except that the following are not
required to afford a hearing to a person to whom a new license has
been refused because the person failed a licensing examination:
the state medical board, state chiropractic board, board of
examiners of architects board, board of Ohio landscape
architect
examiners architects board, and any section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board.
When periodic registration of licenses is required by law,
the agency shall afford a hearing upon the request of any licensee
whose registration has been denied, unless a hearing was held
prior to such denial.
When periodic registration of licenses or renewal of licenses
is required by law, a licensee who has filed an application for
registration or renewal within the time and in the manner provided
by statute or rule of the agency shall not be required to
discontinue a licensed business or profession merely because of
the failure of the agency to act on the licensee's application.
Action of an agency rejecting any such application shall not be
effective prior to fifteen days after notice of the rejection is
mailed to the licensee.
Sec. 4703.071. (A) The state board of examiners of
architects board shall establish and maintain and administer an
architecture education assistance program to pay applicant
enrollment fees for the internship program required of applicants
by section 4703.07 of the Revised Code.
(B) The board shall adopt rules in accordance with Chapter
119. of the Revised Code to establish all of the following:
(1) Applicant eligibility criteria for receipt of internship
program enrollment fees, which must include a requirement that
applicants be enrolled in an architecture education program at an
institution within the state that has been approved by the board
and accredited by the national architectural accrediting board,
and may include a requirement that the applicant has completed a
minimum amount of course work in the program as prescribed by the
state board by rule;
(2) Application procedures for payment of internship program
enrollment fees;
(3) The maximum amount of internship program enrollment fees
that may be provided by the architecture education assistance
program to an applicant;
(4) The total amount of internship program enrollment fees
that may be disbursed by the architecture education assistance
program in any given fiscal year;
(5) The means by which other matters incidental to the
operation of the program may be approved, including the means to
authorize necessary expenses for the operation of the architecture
education assistance program.
(C) The receipt of internship program enrollment fees under
this section shall not affect a student's eligibility for any
other assistance, or the amount of that assistance.
Sec. 4703.15. (A) The architects board may by three
concurring votes deny renewal of, revoke, or suspend any
certificate of qualification to practice architecture, issued or
renewed under sections 4703.10, 4703.13, and 4703.14 of the
Revised Code, or any certificate of authorization, issued or
renewed under sections 4703.13 and 4703.18 of the Revised Code, if
proof satisfactory to the board is presented in any of the
following cases:
(1) In case it is shown that the certificate was obtained by
fraud;
(2) In case the holder of the certificate has been found
guilty by the board or by a court of justice of any fraud or
deceit in the holder's professional practice, or has been
convicted of a felony by a court of justice;
(3) In case the holder has been found guilty by the board of
gross negligence, incompetency, or misconduct in the performance
of the holder's services as an architect or in the practice of
architecture;
(4) In case the holder of the certificate has been found
guilty by the board of signing plans for the construction of a
building as a "registered architect" where the holder is not the
actual architect of such building and where the holder is without
prior written consent of the architect originating the design or
other documents used in the plans;
(5) In case the holder of the certificate has been found
guilty by the board of aiding and abetting another person or
persons not properly registered as required by sections 4703.01 to
4703.19 of the Revised Code, in the performance of activities that
in any manner or extent constitute the practice of architecture.
At any time after the expiration of six months from the date
of the revocation or suspension of a certificate, the individual,
firm, partnership, association, or corporation may apply for
reinstatement of the certificate. Upon showing that all loss
caused by the individual, firm, partnership, association, or
corporation whose certificate has been revoked or suspended has
been fully satisfied and that all conditions imposed by the
revocation or suspension decision have been complied with, and
upon the payment of all costs incurred by the board as a result of
the case at issue, the board, at its discretion and upon evidence
that in its opinion would so warrant, may restore the certificate.
(B) In addition to disciplinary action the board may take
against a certificate holder under division (A) of this section or
section 4703.151 of the Revised Code, the board may impose a fine
against a certificate holder who obtained a certificate by fraud
or who is found guilty of any act specified in divisions (A)(2) to
(A)(5) of this section or who violates any rule governing the
standards of service, conduct, and practice adopted pursuant to
section 4703.02 of the Revised Code. The fine imposed shall be not
more than one thousand dollars for each offense but shall not
exceed five thousand dollars regardless of the number of offenses
the certificate holder has committed between the time the fine is
imposed and the time any previous fine was imposed.
(C) If a person fails to request a hearing within thirty days
after the date the board, in accordance with section 119.07 of the
Revised Code, notifies the person of the board's intent to act
against the person under division (A) of this section, the board
by a majority vote of a quorum of the board members may take the
action against a person without holding an adjudication hearing.
Sec. 4703.30. As used in sections 4703.30 to 4703.49 of the
Revised Code:
(A) "Landscape architect," "professional landscape
architect," or "registered landscape architect" means a person who
has been registered as provided in sections 4703.30 to 4703.49 of
the Revised Code.
(B) "Landscape architecture" or "the practice of landscape
architecture" includes:
(1) The preparation of master, site, and comprehensive
development plans, the preparation of feasibility and site
selection studies, and the supervision of the execution of
projects thereon, in accordance with the accepted professional
standards of public health, welfare, and safety, where the
dominant purpose of such service involves:
(a) The preservation, conservation, enhancement, or
determination of proper land and water uses, natural land
features, ground cover and plantings, naturalistic and aesthetic
values, natural systems, reforestation, restoration, and
reclamation;
(b) The determination of settings, grounds, and approaches
for buildings and structures or other improvements; the
determination of environmental problems of land relating to
erosion and sediment control, flooding, blight and other hazards;
the shaping and contouring of land and water forms; the
determination of grades; and the determination of surface and
ground water drainage and providing for drainage systems where
such systems do not require structural design of system components
or a hydraulic analysis of the receiving storm water conveyance
system;
(c) The development of roadways and parkways, equestrian,
bicycle, and pedestrian circulation systems, sidewalks, parking,
planting, pools, irrigation systems, and other ancillary elements,
for public and private use and enjoyment.
(2) The preparation of construction documents, provided that
these are limited to and are necessary for projects within the
scope of the practice of landscape architecture as defined in
divisions (B)(1)(a), (b), and (c) of this section;
(3) The following services as they relate to the practice of
landscape architecture:
(a) Construction observation;
(b) Project coordination and review of technical submissions,
plans, and construction documents;
(c) Collaboration with architects and professional engineers
in the design of streets, highways, bridges, buildings, and
structures with respect to the functional and aesthetic
requirements of the area in which such facilities are to be
placed.
(4) This practice shall include the location and arrangement
of such tangible objects and features as are incidental and
necessary to the purposes outlined in this section, but shall not
include the design of structures or facilities with separate and
self-contained purposes for habitation or industry, or the design
of streets and highways, utilities, storm and sanitary sewers, and
water and sewage treatment facilities, such as are exclusive to
the practice of engineering or architecture. A landscape architect
shall undertake to perform professional services only when the
landscape architect is qualified by education, training, and
experience in the specific technical areas involved. This division
shall not be construed to prohibit a landscape architect from
engaging individuals performing services outside the scope of the
landscape architect's qualifications as consultants.
(5) The practice of landscape architecture does not include
the practice of surveying as defined in division (F) of section
4733.01 of the Revised Code.
(C) "Board" means the state Ohio landscape architects board
of landscape architect examiners.
Sec. 4703.31. (A) There is hereby created the state board of
Ohio landscape architect examiners architects board. The board
shall consist of five members appointed by the governor. All
appointments made to the board shall be for a five-year term
commencing on the eleventh day of November and ending on the tenth
day of November. Each member shall hold office from the date of
appointment until the end of the term to which the member was
appointed. Any member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
is appointed, or until a period of sixty days has elapsed,
whichever occurs first. Three of the members shall be landscape
architects registered under sections 4703.33 to 4703.37 of the
Revised Code for not less than five years prior to appointment to
the board. One member shall be appointed from a licensed design
profession and one member shall represent the public. Any member
of the board may be removed by the governor at any time for cause.
(B) In the event of a vacancy in the office of a member of
the board other than by reason of the expiration of a term, the
governor, not later than ninety days after the occurrence of the
vacancy, shall appoint a person to hold office for the remainder
of the unexpired term.
(C) The board shall elect from its members a president and a
secretary who shall hold those offices for one year.
(D) Each member of the board shall receive as a part of the
expense of the board an amount fixed pursuant to division (J) of
section 124.15 of the Revised Code for each day actually employed
in the discharge of official duties, along with other necessary
expenses.
(E) The board shall meet at least twice each calendar year
for purposes of transacting regular business and may hold other
meetings upon the call of the president or a majority of the
members of the board after reasonable notice to the other board
members of the time and place of the meeting. Three members of the
board constitute a quorum for the transaction of business.
(F) The board shall utilize the physical facilities and
administrative staff of the state board of examiners of architects
board for the discharge of all the Ohio landscape architects
board's administrative duties in connection with the
administration and enforcement of sections 4703.30 to 4703.52 of
the Revised Code. The state board of Ohio landscape architect
examiners architects board shall bear a proportionate share of the
cost of those administrative services, which shall not exceed its
revenue.
Sec. 4703.32. (A) No person shall engage in the practice of
landscape architecture or use the title of "landscape architect,"
"professional landscape architect," or "registered landscape
architect" or any title, sign, card, or device indicating, or
tending to indicate, or represent in any manner that the person is
a landscape architect, professional landscape architect, or
registered landscape architect, unless the person is registered
under sections 4703.30 to 4703.49 of the Revised Code.
Any person registered pursuant to sections 4703.30 to 4703.99
of the Revised Code may be designated or known as a landscape
architect, professional landscape architect, or registered
landscape architect.
No person shall assume a title or use any abbreviation,
words, letters, or figures to indicate or imply that the person is
a landscape architect, professional landscape architect, or
registered landscape architect, unless the person is registered
under sections 4703.30 to 4703.49 of the Revised Code.
(B) Notwithstanding division (A) of this section, the Ohio
landscape architects board may authorize any person to use the
title "emeritus landscape architect." An emeritus landscape
architect is an individual who has been registered to practice
landscape architecture in this state for at least ten years, is
fully retired from the practice of landscape architecture, and is
at least sixty-five years old. An emeritus landscape architect is
exempt from the continuing education and fee requirements of
sections 4703.30 to 4703.49 of the Revised Code.
(C) Sections 4703.30 to 4703.49 of the Revised Code are not
intended to restrict or otherwise affect the right of any
individual to practice architecture under sections 4703.01 to
4703.19 of the Revised Code or engineering under sections 4733.01
to 4733.27 of the Revised Code. This division does not exclude a
registered architect from the practice of landscape architecture
that is incidental to the practice of architecture or exclude a
landscape architect from the practice of architecture that is
incidental to the practice of landscape architecture.
(C)(D) Sections 4703.30 to 4703.49 of the Revised Code do not
affect the right of any individual to engage in the occupation of
growing or marketing nursery stock or to use the title
"nurseryperson," "landscape nurseryperson," "gardener," "landscape
gardener," "landscape designer," "general contractor," "landscape
contractor," "land developer," "golf course architect," or "golf
course designer," provided that no individual shall engage in the
practice of landscape architecture or use the title "landscape
architect," "professional landscape architect," or "registered
landscape architect," unless the person has complied with sections
4703.30 to 4703.49 of the Revised Code.
(D)(E) Nothing in sections 4703.30 to 4703.49 of the Revised
Code prevents a vendor of goods, services, or materials, including
nurserypersons, landscape nurserypersons, gardeners, landscape
gardeners, landscape designers, general or landscape contractors,
land developers, and golf course architects or golf course
designers, from providing drawings or graphic diagrams that are
necessary for the proper layout of the vendor's goods or materials
for public or private land or arranging for the installation of
the goods or materials. Nothing in sections 4703.30 to 4703.49 of
the Revised Code prevents a landscape designer from engaging in,
for a fee, the design of spaces utilizing plant materials and
ancillary paving and building materials or arranging for the
installation of the materials. Nothing in sections 4703.30 to
4703.49 of the Revised Code shall be construed in any manner to
prohibit a person from designing or preparing drawings or
specifications for any real property owned by that person.
(E)(F) Each landscape architect, upon registration by the
state board of Ohio landscape architect examiners architects
board, may obtain a stamp of the design authorized by the board,
bearing the name of the registrant, date of registration, number
of certificate, and the legend "registered landscape architect,"
"professional landscape architect," or "landscape architect." All
professional documents, including maps, plans, designs, drawings,
specifications, estimates, and reports, issued by a registrant may
be stamped only while the registrant's certificate is in full
force and effect.
Sec. 4703.33. (A) The state board of Ohio landscape
architect examiners architects board, in accordance with Chapter
119. of the Revised Code, may adopt, amend, and enforce rules
governing the standards for education, experience, services,
conduct, and practice to be followed in the practice of the
profession of landscape architecture and rules pertaining to the
satisfactory completion of continuing education requirements. If
the board adopts rules pertaining to continuing education
requirements, the board shall specify in the rules that the
continuing education requirements may be satisfied by coursework
or activities dealing with technical, ethical, or managerial
topics relevant to the practice of landscape architecture and that
a registrant may earn continuing professional education hours by
completing or teaching university or college level coursework;
attending seminars, workshops, or conferences; authoring relevant
published papers, articles, or books; receiving patent awards;
actively participating in professional or technical societies
serving the landscape architecture profession, or actively
participating in any other activity deemed relevant by the board.
If the board adopts rules pertaining to continuing education
requirements, the board shall, in general, follow model continuing
education recommendations established by the council of landscape
architectural registration boards or a similar successor
organization.
(B) The board, or the board's designee, shall hold
examinations not less than once annually and shall register as a
landscape architect each applicant who demonstrates to the
satisfaction of the board that the applicant has met all the
requirements of section 4703.34 of the Revised Code.
(C) The board shall issue to each individual registered
pursuant to this section a certificate of qualification.
(D) The board shall appoint at least one of its members as a
delegate to each regional and annual meeting of the council of
landscape architectural registration boards.
Sec. 4703.331. (A) A firm, partnership, association, limited
liability company, or corporation may provide landscape
architectural services in this state as long as the services are
provided only through natural persons registered to provide those
services in this state and subject to the requirements of this
chapter.
(B) No firm, partnership, association, limited liability
company, or corporation shall provide landscape architectural
services, hold itself out to the public as providing landscape
architectural services, or use a name including the word
"landscape architect," "professional landscape architect," or
"registered landscape architect" or any modification or derivation
of the word those words, unless the firm, partnership,
association, limited liability company, or corporation files all
information required to be filed under this section with the state
board of Ohio landscape
architect examiners architects board and
otherwise complies with all requirements of this chapter. A
nonprofit membership corporation may use a name including the word
"landscape architect," "professional landscape architect," or
"registered landscape architect" or any modification or derivation
of the word those words without complying with this section.
(C) A corporation may be organized under Chapter 1701. of the
Revised Code, a professional association may be organized under
Chapter 1785. of the Revised Code, or a limited liability company
may be formed under Chapter 1705. of the Revised Code for the
purpose of providing professional engineering, surveying,
architectural, or landscape architectural services, or any
combination of those services. A corporation organized under
Chapter 1701. of the Revised Code for the purpose of providing
those services also may be organized for any other purpose in
accordance with that chapter.
(D) No firm, partnership, association, limited liability
company, or corporation shall provide or offer to provide
landscape architectural services in this state unless more than
fifty per cent of the partners, members, or shareholders, more
than fifty per cent of the directors in the case of a corporation
or professional association, more than fifty per cent of the
managers in the case of a limited liability company the management
of which is not reserved to its members, and more than fifty per
cent of the trustees in the case of an employee stock ownership
plan, are professional engineers, surveyors, architects, or
landscape architects or a combination of those professions, who
are registered in this or any other state and who own more than
fifty per cent of the interests in the firm, partnership,
association, limited liability company, or corporation; unless the
requirements of this division and of section 1785.02 of the
Revised Code are satisfied with respect to any professional
association organized under Chapter 1785. of the Revised Code; or
unless the requirements of this division and of Chapter 1705. of
the Revised Code are satisfied with respect to a limited liability
company formed under that chapter.
(E) Each firm, partnership, association, limited liability
company, or corporation through which landscape architectural
services are offered or provided in this state shall designate one
or more trustees, partners, managers, members, officers, or
directors as being in responsible charge of the professional
landscape architectural activities and decisions, and those
designated persons shall be registered in this state. Each firm,
partnership, association, limited liability company, or
corporation of that type shall annually file with the state board
of landscape architect examiners the name and address of each
trustees, partner, manager, officer, director, member, or
shareholder, and each firm, partnership, association, limited
liability company, or corporation of that type shall annually file
with the board the name and address of all persons designated as
being in responsible charge of the professional landscape
architectural activities and decisions and any other information
the board may require. If there is a change in any such person in
the interval between filings, the change shall be filed with the
board in the manner and within the time that the board determines.
(F) No corporation organized under Chapter 1701. of the
Revised Code shall engage in providing landscape architectural
services in this state without obtaining a certificate of
authorization from the state board of landscape architect
examiners. A corporation desiring a certificate of authorization
shall file with the board a copy of its articles of incorporation
and a listing on the form that the board directs of the names and
addresses of all trustees, officers, directors, and shareholders
of the corporation, the names and addresses of any individuals
providing professional services on behalf of the corporation who
are registered to practice landscape architecture in this state,
and any other information the board requires. If all requirements
of this chapter are met, the board may issue a certificate of
authorization to the corporation. No certificate of authorization
shall be issued unless persons owning more than fifty per cent of
the corporation's shares and more than fifty per cent of the
interests in the corporation are professional engineers,
surveyors, architects, or landscape architects, or a combination
of those professions, who are registered in this or any other
state. Any corporation that holds a certificate of authorization
under this section and otherwise meets the requirements of this
chapter may be organized for any purposes for which corporations
may be organized under Chapter 1701. of the Revised Code and shall
not be limited to the purposes of providing professional
engineering, surveying, architectural, or landscape architectural
services or any combination of those services. The board, by rules
adopted in accordance with Chapter 119. of the Revised Code, may
require any firm, partnership, association, or limited liability
company not organized under Chapter 1701. of the Revised Code that
provides landscape architectural services to obtain a certificate
of authorization. If the board so requires, no firm, partnership,
association, or limited liability company shall engage in
providing landscape architectural services without obtaining the
certificate and complying with the rules.
(G) This section does not modify any law applicable to the
relationship between a person furnishing a professional service
and a person receiving that service, including liability arising
out of that service.
(H) Nothing in this section shall restrict or limit in any
manner the authority or duty of the state board of landscape
architect examiners with respect to natural persons providing
professional services or any law or rule pertaining to standards
of professional conduct.
Sec. 4703.34. (A) Any individual desiring to be registered
as a landscape architect may apply in writing to the
state board
of Ohio landscape architect examiners architects board in the
manner prescribed by the board.
(B) Except as provided in section 4703.35 of the Revised
Code, each application shall include, or be accompanied by,
evidence given under oath or affirmation and satisfactory to the
board that the applicant possesses the qualifications prescribed
by division (C) of this section and also possesses, or is in the
process of obtaining, one of the qualifications required by
division (D) of this section. Each applicant shall include in the
application a request for examination. The board shall permit an
applicant who is in the process of completing the requirement
specified in division (D) of this section to take an examination,
but the board shall not register such an applicant until the
applicant completes the requirement.
(C) Except as provided in section 4703.35 of the Revised
Code, each applicant for registration as a landscape architect
shall pass, to the satisfaction of the board, an examination
conducted under the authority of the board to determine the
fitness of the applicant for registration. The applicant shall be
at least eighteen years of age and of good moral character and
shall have obtained a professional degree in landscape
architecture from a program accredited by the national landscape
architect accrediting board.
(D) In addition to the qualifications required by division
(C) of this section, the applicant shall meet either of the
following requirements:
(1) Has completed three years of practical experience in the
office of and under the direct supervision of a registered
landscape architect who is actively involved in the practice of
landscape architecture, or equivalent experience, as determined by
the board, provided that at least one year of the practical
experience or its equivalent as required by division (D)(1) of
this section shall have been completed by the applicant subsequent
to the completion of the educational requirements established by
division (C) of this section;
(2) Has completed the requirements for training under an
internship program established pursuant to rules adopted by the
board that includes, but is not limited to, training in design and
construction documents and construction administration and office
management, or has equivalent experience that is acceptable to the
board.
Sec. 4703.35. The state board of Ohio landscape architect
examiners architects board shall register as a landscape architect
any individual who is at least eighteen years of age and who
provides evidence satisfactory to the board that he the individual
is a registered or licensed landscape architect in another sate
state or country in which the qualifications, at the time of
licensure, were substantially equal, in the opinion of the board,
to the requirements for registration as a landscape architect in
this state. The board may require that an applicant for
registration under this section hold a current council record or
certificate in good standing issued by the council of landscape
architectural registration board boards.
Sec. 4703.36. (A) The state board of Ohio landscape
architect examiners architects board shall register as a landscape
architect each applicant who demonstrates to the satisfaction of
the board that the applicant has met all requirements of section
4703.34 of the Revised Code or, in lieu thereof, has complied with
section 4703.35 of the Revised Code. The certificate issued to
each individual shall be prima-facie evidence of the right of the
individual to whom it is issued to represent self as a landscape
architect and to enter the practice of landscape architecture,
subject to sections 4703.30 to 4703.49 of the Revised Code.
(B) Each certificate of qualification issued and registered
shall authorize the holder to practice landscape architecture as a
landscape architect in this state until the last day of
October
December of each odd-numbered even-numbered calendar year, unless
revoked or suspended for cause as provided in this chapter or
suspended pursuant to section 3123.47 of the Revised Code. License
renewal shall be conducted in accordance with the standard license
renewal procedure in Chapter 4745. of the Revised Code. Each
applicant for license renewal shall demonstrate satisfactory
completion of any continuing education requirements the state
board of landscape architect examiners adopts under section
4703.33 of the Revised Code. Each renewal shall be recorded in the
official register of the board.
(C) Each person registered by the board shall secure a seal
of the design prescribed by the board. All plans, specifications,
drawings, and other documents prepared by, or under the direct
supervision of, the landscape architect shall be imprinted with
the seal in accordance with the requirements of the board.
(D) Each certificate of authorization issued under division
(F) of section 4703.331 of the Revised Code shall authorize the
holder to provide landscape architectural services, through the
landscape architect designated as being in responsible charge of
the landscape architectural activities and decisions, from the
date of issuance until the last day of June next succeeding the
date upon which the certificate was issued unless the certificate
has been suspended or revoked for cause as provided in section
4703.42 4703.41 of the Revised Code.
Sec. 4703.37. (A) The state board of Ohio landscape
architect examiners architects board shall establish an
application fee for obtaining registration under section 4703.34
of the Revised Code and a fee for obtaining registration under
section 4703.35 of the Revised Code.
(B) The fee to restore an expired certificate of
qualification is the renewal fee for the current certification
period, plus the renewal fee for each previous renewal period in
which the certificate was not renewed, plus a penalty of
twenty-five per cent of the total renewal fees for each renewal
period or part thereof in which the certificate was not renewed,
on the condition that the maximum fee shall not exceed an amount
established by the board.
(C) The board also shall establish the following fees:
(1) The fee for taking or retaking the examination described
in division (C) of section 4703.34 of the Revised Code at an
amount adequate to cover the expenses of procuring and grading the
examination plus a fee for retaking all or parts of the required
examination.
(2) The fee for a certificate of qualification or duplicate
thereof, as issued to a landscape architect registered under
sections 4703.33 to 4703.38 of the Revised Code.
(3)(2) The fee for the biennial renewal of the certificate of
qualification and the fee for a duplicate renewal card.
(4)(3) The fee to be charged an examinee for administering an
examination to the examinee on behalf of another jurisdiction.
(5)(4) The fee for a certificate of authorization issued
under division (F) of section 4703.331 of the Revised Code, the
fee for annual renewal of a certificate of authorization, and the
fee for a duplicate certificate of authorization.
(6)(5) The fee to cover costs for checks or other instruments
returned to the board by financial institutions due to
insufficient funds.
Sec. 4703.38. The board of Ohio landscape architect
examiners architects board shall promulgate rules setting fees in
accordance with section 4703.37 of the Revised Code, and governing
the application, examination procedure, renewal, revocation,
denial, or failure to renew registration in accordance with
Chapter 119. of the Revised Code.
Sec. 4703.41. The state board of Ohio landscape architect
examiners architects board may refuse to register any applicant or
refuse to issue a certificate of authorization to any applicant,
may refuse to renew the registration of any landscape architect
registered under sections 4703.30 to 4703.49 or a certificate of
authorization issued under division (F) of section 4703.331 of the
Revised Code, or may suspend for a period not exceeding one year
or revoke the registration of any landscape architect registered
under sections 4703.30 to 4703.49 of the Revised Code or a
certificate of authorization issued under division (F) of section
4703.331 of the Revised Code, or may fine a person when the
registrant or, holder of a certificate of authorization, or other
person does any of the following:
(A) Has obtained or attempted to obtain registration or a
certificate of authorization under sections 4703.30 to 4703.49 of
the Revised Code by fraud or material misrepresentation or by
false oath or affirmation;
(B) Is impersonating or has attempted to impersonate a
landscape architect or a former landscape architect;
(C) Is found by the board to have been guilty of fraud,
deceit, or gross negligence in the practice of landscape
architecture or in providing landscape architectural services;
(D) Has affixed the registrant's or certificate holder's
signature to plans, drawings, specifications, or other
professional documents that have not been prepared by the
registrant or certificate holder or under the registrant's or
certificate holder's immediate and responsible direction, or has
permitted the registrant's or certificate holder's name to be used
for the purpose of assisting any individual, not a landscape
architect, to evade sections 4703.30 to 4703.49 of the Revised
Code;
(E) Fails the examination under section 4703.33 of the
Revised Code;
(F) Is found by the board to have violated any rule governing
the standards for education, experience, services, conduct, and
practice or any rule adopted by the board under sections 4703.30
to 4703.49 of the Revised Code;
(G) Fails to comply with any disciplinary sanction issued by
the board.
Sec. 4703.411. (A) No person shall do any of the following:
(1) Obtain or attempt to obtain registration or a certificate
of authorization under sections 4703.30 to 4703.49 of the Revised
Code by fraud or material representation or by false oath or
affirmation;
(2) Impersonate or attempt to impersonate a landscape
architect or former landscape architect;
(3) Recklessly engage in fraud, deceit, or gross negligence
in the practice of landscape architecture or in providing
landscape architectural services.
(B) No registrant or certificate holder shall do either of
the following:
(1) Affix the registrant's or certificate holder's signature
to plans, drawings, specifications, or other professional
documents that have not been prepared by the registrant or
certificate holder or under the registrant's or certificate
holder's immediate and responsible direction;
(2) Permit the registrant's or certificate holder's name to
be used for the purpose of assisting any individual, not a
landscape architect, to evade sections 4703.30 to 4703.49 of the
Revised Code.
Sec. 4703.44. Unless otherwise provided in section 4703.42
of the Revised Code, the The administrative procedures of the
state board of Ohio landscape architect examiners architects board
shall be governed by Chapter 119. of the Revised Code, and the
president of the board and the president's board's authorized
representatives may administer oaths, take depositions, and issue
subpoenas to compel the attendance of witnesses and the production
of books, papers, records, memoranda, or other information
necessary to the carrying out of sections 4703.30 to 4703.52 of
the Revised Code.
If a person fails to request a hearing within thirty days
after the date the board, in accordance with section 119.07 of the
Revised Code, notifies the person of the board's intent to act
against the person under section 4703.41 of the Revised Code, the
board, by a majority vote of a quorum of the board members, may
take the action against a person without holding an adjudication
hearing.
Sec. 4703.46. (A) The state board of Ohio landscape
architect examiners architects board, upon its own motion or upon
the verified complaint in writing of any person, may investigate
any alleged violation of sections 4703.30 to 4703.52 of the
Revised Code. The board, in its discretion, may disregard any
complaint filed more than two years after the act or omission
alleged as a violation of those sections.
(B) The board may apply to any court of competent
jurisdiction for relief by injunction or restraining order to
enjoin or restrain a person, firm, corporation, partnership,
limited liability company, or other group or combination of
persons from the commission of any act that is prohibited by
sections 4703.30 to 4703.52 of the Revised Code or by rules
adopted by the board under sections 4703.30 to 4703.49 of the
Revised Code that govern the standards of service, conduct, and
practice to be followed in the practice of landscape architecture.
Sec. 4703.49. The attorney general is hereby designated as
the legal advisor of the state board of Ohio landscape architect
examiners architects board.
The prosecuting attorney in each of the counties shall
prosecute by court action all violations of sections 4703.30 to
4703.52 of the Revised Code occurring in the prosecuting
attorney's jurisdiction as may be presented for prosecution by the
board or the board's designee.
Sec. 4703.50. All receipts of the architects board and
state
board of Ohio landscape architect examiners architects board shall
be deposited in the state treasury to the credit of the
occupational licensing and regulatory fund. All expenditures of
the boards shall be paid pursuant to vouchers approved by the
secretary or executive secretary of the architects board, or both,
as authorized by the board.
Sec. 4703.52. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the architects board and the state
board of Ohio landscape architects
examiners board shall comply
with sections 3123.41 to 3123.50 of the Revised Code and any
applicable rules adopted under section 3123.63 of the Revised Code
with respect to a certificate issued pursuant to this chapter.
Sec. 4703.53. The architects board and the state board of
Ohio landscape architect examiners architects board shall comply
with section 4776.20 of the Revised Code.
Sec. 4703.99. (A) Whoever violates division (A) of section
4703.18 or section 4703.411 of the Revised Code is guilty of a
misdemeanor of the third degree; for each subsequent offense such
person is guilty of a misdemeanor of the first degree.
(B) Whoever violates sections 4703.30 to 4703.49 section
4703.32 of the Revised Code shall be fined not less than fifty nor
more than two hundred dollars for the first offense; for each
subsequent offense such person shall be fined not less than two
hundred nor more than five hundred dollars.
Section 2. That existing sections 119.06, 4703.071, 4703.15,
4703.30, 4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35,
4703.36, 4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49,
4703.50, 4703.52, 4703.53, and 4703.99, and sections 4703.42,
4703.43, and 4703.45 of the Revised Code are hereby repealed.
Section 3. The amendments to section 4703.36 of the Revised
Code shall not apply to certificates of qualification issued prior
to the effective date of this act. A certificate of qualification
issued prior to the effective date of this act shall authorize the
holder to practice landscape architecture as a landscape architect
in this state until October 31, 2013, unless revoked or suspended
for cause as provided in Chapter 4703. of the Revised Code or
suspended pursuant to section 3123.47 of the Revised Code. The
holder may renew the certificate in accordance with division (B)
of section 4703.36 of the Revised Code, as amended by this act, on
or after October 31, 2013.
Section 4. Section 4703.32 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 214 and Am. Sub. H.B. 337 of the 124th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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