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Oregon Bulletin

January 1, 2014

Landscape Architect Board, Chapter 804

Rule Caption: Updates to rules for initial registration and registration by reciprocity

Adm. Order No.: LAB 4-2013

Filed with Sec. of State: 12-12-2013

Certified to be Effective: 12-12-13

Notice Publication Date: 9-1-2013

Rules Amended: 804-022-0005, 804-022-0010

Subject: Amendments to the rules for initial registration and registration by reciprocity increase clarity for prospective Board registrants (i.e., applicants). The amendments also address an unintended disconnect between Board rules that set forth requirements for examination applicants to obtain approval of alternative paths to licensure (OAR 804-010-0010 and 804-010-0020) and Board registration rules (OAR 804-022-0005 and 804-022-0010). The amendments clarify that OSLAB does offer paths to registration for applicants without a Landscape Architect Accreditation Board (LAAB) accredited degree or any degree, regardless of whether such individuals obtained approval of alternative education and/or experience from OSLAB prior to taking national exams. To this end, the Board deleted existing rule language in full and replaced it with language that the Board finds to be more complete, clear, and better organized. The amendments were initially adopted by the Board as temporary rules and now are made permanent.

Rules Coordinator: Christine Valentine—(503) 589-0093

804-022-0005

Initial Landscape Architect Registration not by Reciprocity

(1) An individual may apply for registration as a Landscape Architect.

(2) The application must include the following:

(a) Completed and signed application form;

(b) Application Fee;

(c) Annual Registration Fee;

(d) Signed Statement of Understanding; and

(e) Sufficient information to demonstrate that the applicant meets Board standards for examination, education, and work experience under subsections (3), (4), or (5) of this rule.

(A) The applicant may submit a CLARB Council Record to demonstrate the examination, education, and work experience qualifications.

(i) Information presented on the CLARB Council Record is subject to verification by the Board.

(ii) The Board may request additional documentation or information from the applicant as the Board or its staff deem necessary for verification of the applicant’s qualifications. An application is deemed incomplete until the applicant has provided all requested documentation and information.

(3) Standard Registration Path, LAAB Degree: Minimum of 8 years of landscape architecture experience is required for registration, with 5 years of experience granted for any LAAB degree and 3 years of work experience required under a licensed or registered landscape architect.

(a) Exams: Passage of the Landscape Architect Registration Examination (LARE) or the equivalent from previous versions of the national exam. The applicant must verify passage of all sections of the national exam.

(b) Education: A degree from a LAAB accredited university program. The applicant must provide an official transcript in the university sealed envelope to verify award of a LAAB degree. Any LAAB degree is granted 5 years of credit.

(c) Work Experience: A minimum of three years of work experience under the direct supervision of a licensed or registered Landscape Architect which was obtained after satisfying the requirements of OAR 804 Division 10 and (3)(b) of this rule. The applicant must provide a work history summary and work experience verification forms.

(A) Up to two years of the three years of experience may be supervised by a licensed or registered Engineer or Architect;

(4) Non LAAB Degree Path: Minimum of 8 years of landscape architecture experience is required for registration, with 5 years of experience for a degree and work experience with an additional 3 years of work experience required under a licensed or registered landscape architect.

(a) Exams: Passage of the Landscape Architect Registration Examination (LARE) or the equivalent from previous versions of the national exam. The applicant must verify passage of all sections of the national exam.

(b) Education and Equivalent Experience: In the absence of a degree from a LAAB accredited university program, 5 years of credit for education and experience combined as specified in OAR 804-010-0010. The applicant must provide an official transcript in the university sealed envelope to verify award of a degree. The applicant must also provide a work history summary and work experience verification forms.

(A) Experience used to satisfy the education requirement cannot be used towards the work experience requirement of (4)(c) of this rule.

(c) Work Experience: A minimum of three years of work experience under the direct supervision of a licensed or registered Landscape Architect which was obtained after satisfying the requirements of OAR 804 Division 10 and (4)(b) of this rule. The applicant must provide a work history summary and work experience verification forms.

(A) Up to two years of the three years of experience may be supervised by a licensed or registered Engineer or Architect;

(5) No Degree Path: Minimum of 11 years of landscape architecture experience is required for registration.

(a) Exams: The Board requires passage of the Landscape Architect Registration Examination (LARE) or the equivalent from previous versions of the national exam. The applicant must verify passage of all sections of the national exam.

(b) Experience In Lieu of Education: In the absence of any degree, 8 years of work experience under the supervision of a licensed or registered Landscape Architect. The applicant must provide a work history summary and work experience verification forms.

(A) Experience used to satisfy this requirement cannot be used towards the work experience requirement of (5)(c) of this rule.

(c) Work Experience: A minimum of three years of work experience under the direct supervision of a licensed or registered Landscape Architect which was obtained after satisfying the requirements of OAR 804 Division 10 and (5)(b) of this rule. The applicant must provide a work history summary and work experience verification forms.

(A) Up to two years of the three years of experience may be supervised by a licensed or registered Engineer or Architect;

(6) Upon acceptance by the Board, the applicant is required to complete an Oral Exam.

(7) The initial date of registration shall be the date of the meeting during which the Board approves the application for registration.

Stat. Auth.: ORS 183.335(5), 670.310, 671.325, 671.335, 671.415

Stats. Implemented: ORS 671.316, 671.325, 671.335

Hist.: LAB 1-2007, f. & cert. ef. 4-27-07; LAB 1-2012, f. 5-17-12, cert. ef. 6-1-12; LAB 3-2013(Temp), f. & cert. ef. 6-20-13 thru 12-17-13; LAB 4-2013, f. & cert. ef. 12-12-13

804-022-0010

Landscape Architect Registration by Reciprocity

(1) Any person not registered as a Landscape Architect in Oregon, but who currently holds a license or registration to practice as a Landscape Architect in another state or territory, may file an application for registration by reciprocity under ORS 671.345 and the requirements of this rule.

(2) An application must include the following:

(a) Completed and signed application form;

(b) Application Fee;

(c) Annual Registration Fee;

(d) Signed Statement of Understanding;

(e) Identification of all states in which licensure is currently held, with official verification from the licensing state and where exams were passed; and

(f) Sufficient information to demonstrate that the applicant meets Board standards for examination, education, and work experience under subsections (3), (4), or (5) of this rule.

(A) The applicant may submit a CLARB Council Record to demonstrate the examination, education, and work experience qualifications.

(i) Information presented on the CLARB Council Record is subject to verification by the Board.

(ii) The Board may request additional documentation or information from the applicant as the Board or its staff deem necessary for verification of the applicant’s qualifications. An application is deemed incomplete until the applicant has provided all requested documentation and information.

(3) Standard Registration Path: Minimum of 8 years of landscape architecture experience is required for registration, with 5 years of experience granted for an LAAB degree and 3 years of work experience required under a licensed or registered landscape architect.

(a) Exams: Passage of the Landscape Architect Registration Examination (LARE) or the equivalent from previous versions of the national exam. The applicant must verify passage of all sections of the national exam.

(b) Education: A degree from a LAAB accredited university program. The applicant must provide an official transcript in the university sealed envelope to verify award of a LAAB degree. Any LAAB degree is granted 5 years of credit.

(c) Work Experience:

(A) A minimum of three years of work experience under the direct supervision of a licensed or registered Landscape Architect which was obtained after satisfying the education requirements of OAR 804 division 10 and (3)(b) of this rule. The applicant must provide a work history summary and work experience verification forms. Up to two years of the three years of experience may be supervised by a licensed or registered Engineer or Architect; or

(B) A minimum of 11 years of work experience as a Landscape Architect licensed or registered in another U.S. state or territory verified as follows:

(i) A minimum of three professional reference letters in a form acceptable to the Board signed by licensed or registered Landscape Architects, Engineers, or Architects and submitted to the Board; and

(ii) A resume of the applicant detailing the 11 years of verified work experience.

(4) Non LAAB Degree Path: Minimum of 8 years of landscape architecture experience is required for registration, with 5 years of experience for a degree and work experience with an additional 3 years of work experience required under a licensed or registered landscape architect.

(a) Exams: Passage of the Landscape Architect Registration Examination (LARE) or the equivalent from previous versions of the national exam. The applicant must verify passage of all sections of the national exam.

(b) Education and Equivalent Experience: In the absence of a degree from a LAAB accredited university program, 5 years of credit for education and experience combined as specified in OAR 804-010-0010. The applicant must provide an official transcript in the university sealed envelope to verify award of a degree. The applicant must also provide a work history summary and work experience verification forms.

(A) Experience used to satisfy the education requirement cannot be used towards the work experience requirement of (4)(c) except as provided in (4)(c)(B) of this rule.

(c) Work Experience:

(A) A minimum of three years of work experience under the direct supervision of a licensed or registered Landscape Architect which was obtained after satisfying the requirements of OAR 804 Division 10 and (4)(b) of this rule. The applicant must provide a work history summary and work experience verification forms. Up to two years of the three years of experience may be supervised by a licensed or registered Engineer or Architect; or

(B) A minimum of 11 years of work experience as a Landscape Architect licensed or registered in another U.S. state or territory verified as follows:

(i) A minimum of three professional reference letters in a form acceptable to the Board signed by licensed or registered Landscape Architects, Engineers, or Architects and submitted to the Board; and

(ii) A resume of the applicant detailing the 11 years of verified work experience.

(5) No Degree Path: Minimum of 11 years of landscape architecture experience is required for registration.

(a) Exams: Passage of the Landscape Architect Registration Examination (LARE) or the equivalent from previous versions of the national exam. The applicant must verify passage of all sections of the national exam.

(b) Experience in Lieu of Education: In the absence of any degree, 8 years of work experience under the supervision of a licensed or registered Landscape Architect or a minimum of 11 years of work experience as a Landscape Architect licensed or registered in another U.S. state or territory. The applicant must also provide a work history summary and work experience verification forms.

(A) Experience used to satisfy this requirement cannot be used towards the work experience requirement of (5)(c) except as provided in (5)(c)(B).

(c) Work Experience:

(A) A minimum of three years of work experience under the direct supervision of a licensed or registered Landscape Architect which was obtained after satisfying the requirements of OAR 804 division 10 and (5)(b) of this rule. The applicant must provide a work history summary and work experience verification forms. Up to two years of the three years of experience may be supervised by a licensed or registered Engineer or Architect; or

(B) A minimum of 11 years of work experience as a Landscape Architect licensed or registered in another U.S. state or territory verified as follows:

(i) A minimum of three professional reference letters in a form acceptable to the Board signed by licensed or registered Landscape Architects, Engineers, or Architects and submitted to the Board; and

(ii) A resume of the applicant detailing the 11 years of verified work experience.

(6) Registration may be granted without oral exam after all application materials are approved.

Stat. Auth.: ORS 183.335(5), 670.310, 671.325, 671.335, 671.415

Stats. Implemented: ORS 671.345

Hist.: LAB 1-1983, f. & ef. 2-1-83; LAB 1-1984, f. & ef. 1-5-84; LAB 2-1989, f. 7-1-89, cert. & ef. 6-23-89; LAB 2-1989, f. 6-23-89, cert. ef. 7-1-89; LAB 1-1993, f. & cert. ef. 7-1-93; LAB 2-1998, f. & cert. ef. 4-22-98; Renumbered from 804-010-0025, LAB 1-2007, f. & cert. ef. 4-27-07; LAB 1-2008, f. & cert. ef. 2-4-08; LAB 1-2012, f. 5-17-12, cert. ef. 6-1-12; LAB 3-2013(Temp), f. & cert. ef. 6-20-13 thru 12-17-13; LAB 4-2013, f. & cert. ef. 12-12-13


Rule Caption: Inactive Status and Continuing Education Exemptions for military service, illness, or other circumstances

Adm. Order No.: LAB 5-2013

Filed with Sec. of State: 12-12-2013

Certified to be Effective: 12-12-13

Notice Publication Date: 9-1-2013

Rules Amended: 804-003-0000, 804-025-0010

Subject: The Board amended the definition of “in good standing” to clarify that a registrant must be in compliance with continuing education (CE) requirements to be eligible for inactive status under ORS 671.376(4) as opposed to needing to have completed all CE for that renewal cycle. This change allows a registrant who has not completed all CE requirements and suddenly has the need for being exempt from those requirements under OAR 804-025-0010(1) to qualify to request inactive status under ORS 671.376(4) without having to first complete all professional development hours of CE for that renewal cycle. The Board also clarified in the continuing education requirements rule that the registrant may request

   inactive status and specified parameters related to inactive status. These amendments were initially adopted as temporary rules and now are made permanent.

Rules Coordinator: Christine Valentine—(503) 589-0093

804-003-0000

Definitions

The definitions of terms used in ORS 671.310 to 671.459, and the rules of this chapter are:

(1) “Assumed or Fictitious Name” — A false name taken as one’s own.

(2) “Business entity” — A sole proprietor Landscape Architect operating under either the registrant name or an assumed business name or any corporation, limited liability company, partnership, or other entity or association of persons providing landscape architectural design or consulting services.

(3) “Deceit” — An attempt to portray as true or valid something that is untrue or invalid.

(4) “Delinquent” — A registrant who fails to renew his/her certificate on or before the renewal date.

(5) “Emeritus” — Retired but retaining an honorary title corresponding to that held immediately before retirement.

(6) “Employing” — Hiring a person, not an independent contractor, for compensation.

(7) “Fraud” — Intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.

(8) “Grossly Negligent” — Reckless and wanton disregard for exercising care and caution.

(9) “Impersonate” — To assume, without authority or with fraudulent intent, the identity of another person.

(10) “In good standing” — For purposes of ORS 671.376(4) and OAR 804-022-0025(1), ‘in good standing’ means that the registrant when making the request for inactive status has a current active unrestricted registration; is in compliance with all requirements for registration including, but not limited to, payment of all required fees and compliance with all continuing education requirements; and is not the subject of a pending board investigation or action or the subject of a board order.

(11) Late fee: a fee assessed when a payment is received after the date due.

(12) “Material Misrepresentation” — An untrue statement that is significant under the circumstances.

(13) “Renewal of Registration” — To annually maintain the current status of a valid registration or to bring a delinquent certificate of registration to current, valid status.

Stat. Auth.: ORS 183.335(5), 670.310, 671.415

Stats. Implemented: 671.310–459

Hist.: LAB 1-1984, f. & ef. 1-5-84; LAB 1-1985, f. & ef. 7-1-85; LAB 2-1986, f. & ef. 3-5-86; LAB 1-1989, f. 4-4-89, cert. ef. 4-7-89; LAB 1-2005, f. & cert. ef. 2-14-05; LAB 3-2006, f. & cert. ef. 8-14-06; LAB 1-2010, f. & cert. ef. 2-17-10; LAB 2-2010, f. & cert. ef. 10-19-10; LAB 2-2013(Temp), f. & cert. ef. 6-20-13 thru 12-17-13; LAB 5-2013, f. & cert. ef. 12-12-13

804-025-0010

Continuing Education Requirements

(1) Exemptions: A registrant may be exempt, upon board review and approval, from continuing education requirements in any of the following situations:

(a) A registrant is called to active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a calendar year. This registrant may request an exemption from obtaining one-half of the required continuing education during that renewal period. Alternatively, the registrant may request to be placed on inactive status under ORS 671.376(4). If the registrant on inactive status requests to return to active practice, the registrant shall complete all professional development hours as required by 804-025-0015.

(b) A registrant experiences physical disability, illness, or other extenuating circumstances that prevents the registrant from practicing landscape architecture. The registrant shall provide supporting documentation for the board’s review and approval of the medical exemption. Alternatively, the registrant may request to be placed on inactive status under ORS 671.376(4). If the registrant on inactive status elects to return to active practice, the registrant shall complete all professional development hours as required by 804-025-0015.

(c) A registrant on inactive status must return to active status within 5 years of being placed on inactive status or the registration will lapse and cannot be renewed.

(2) Records: each registrant shall maintain:

(a) A log showing the subject and type of activity claimed, the sponsoring organization, location, duration and instructor’s or speaker’s name.

(b) Documentation sufficient to prove completion of the activity claimed such as attendance verification records, completion certificates or other documents;

(c) Required log and documentation for at least four (4) years.

(3) Audit: Upon request, each registrant shall provide proof of satisfying the continuing education requirements. If the registrant fails to furnish the information as required by the board or if the information is not sufficient to satisfy the requirements, the license shall not be renewed.

(4) Disallowance: If the board disallows one or more continuing education activities claimed, the board may, at its discretion, allow the registrant up to 120 days after notification to substantiate the original claim or to complete other continuing education activities sufficient to meet the minimum requirements.

Stat. Auth.: ORS 183.335(5), 670.310, 671.376, 671.395, 671.415

Stat. Implemented: ORS 671.376, 671.395

Hist.: LAB 1-2005, f. & cert. ef. 2-14-05; LAB 4-2008, f. & cert. ef. 11-7-08; LAB 2-2013(Temp), f. & cert. ef. 6-20-13 thru 12-17-13; LAB 5-2013, f. & cert. ef. 12-12-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

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