CHAPTER Lsa 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Lsa 101 PURPOSE AND SCOPE

Lsa 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of landscape architects created by RSA 310-A: 142. These provisions regulate but are not limited to the licensing of landscape architects and the practice of landscape architecture in the state of New Hampshire.

Source. #8858, eff 3-28-07

PART Lsa 102 DEFINITIONS

Lsa 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

(a) “Landscape Architect" means, “landscape architect” as defined in RSA 310-A:141, I namely “a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by licensing as a landscape architect.”

(b) “Landscape architectural practice" means “landscape architectural practice” as defined in RSA 310-A:141, II.

Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23

PART Lsa 103 BOARD ORGANIZATION

Lsa 103.01 Duties and Responsibilities. The board shall administer the provisions of RSA 310-A:140-160 which include but are not limited to safeguarding property, to promoting public welfare and maintaining a high standard of integrity, skills and practice in the profession of landscape architecture in this state.

Source. #8858, eff 3-28-07

Lsa 103.02 Composition of the Board. Pursuant to RSA 310-A:142, I the board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:142, I, II or both.

Source. #8858, eff 3-28-07

Lsa 103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

Source. #8858, eff 3-28-07

Lsa 103.04 Organization. Biennially, the board shall elect or appoint a chairperson, vice-chairperson, and secretary at the first meeting of the board in a calendar year.

Source. #8858, eff 3-28-07; renumbered by #13630 (formerly Lsa 103.05)

Lsa 103.05 Seal. The seal of the board shall be an embossed circular seal consisting of 2 concentric circles, the outer circle having a diameter of 2 inches and an inner circle having a diameter of 1.7 inches. In the space between the two circles there shall be the words “New Hampshire Board of Landscape Architects.” The inner circle shall be a New Hampshire scene depicting a silhouette of the New Hampshire capitol dome, land, water and the sky.

Source. #8858, eff 3-28-07; renumbered by #13630 (formerly Lsa 103.06)

Lsa 103.06 Office Hours, Office Location, Mailing Address, and Telephone.

(a) The board’s office shall be located at the New Hampshire Office of Professional Licensure and Certification (OPLC), 7 Eagle Square, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

(b) Correspondence shall be addressed to the board at:

Board of Landscape Architects

C/O The Office of Professional Licensure and Certification

7 Eagle Square

Concord, N.H. 03301

Source. #8858, eff 3-28-07; ss by 13630, eff 7-9-23 (formerly Lsa 103.07)

PART Lsa 104 PUBLIC INFORMATION

Lsa 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board’s ordinary office hours within 144 hours from the close the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

Source. #8858, eff 3-28-07

Lsa 104.02 Custodian of Records. Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23

PART Lsa 105 MEETINGS, DELIBERATIONS AND DECISIONS

Lsa 105.01 Meetings. Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the chairperson or secretary. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting.

Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23

Lsa 105.02 Quorum. A quorum of the board shall consist of a majority of the appointed members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or secretary, a quorum of the board shall designate a pro tempore officer for the officer or officers absent.

Source. #8858, eff 3-28-07; ss by #13630, eff 7-9-23

PART Lsa 106 APPOINTMENT OF COMMITTEES

Lsa 106.01 Committees.

(a) A committee shall consist of one or more of board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

(b) When expressly authorized by the board, the authority of a committee shall include:

(1) The retention of voluntary assistance from qualified non-board members; and

(2) The retention of paid advisors or consultants pursuant to RSA 332:G-3.

Source. #8858, eff 3-28-07

CHAPTER Lsa 200 RULES OF PRACTICE AND PROCEDURE

REVISION NOTE:

Document #13633, effective 7-9-23, repealed Part Lsa 201 through Part Lsa 217 in Chapter Lsa 200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13633 also adopted a new Part Lsa 201 titled “Applicability and Waiver of Substantive Rules”, containing Lsa 201.01 titled “Rules of Practice and Procedure” and Rule 201.02 titled “Waiver of Administrative Rules.”

Document #13633 replaces all prior filings affecting the rules in the former Chapter Lsa 200. The prior filings included the following documents:

#8859, eff 3-28-07

#8660, eff 3-28-07

#10678, eff 9-30-14

As practice and procedure rules, the rules in Document #13633 will not expire except pursuant to RSA 541-A:17, II.

PART Lsa 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Lsa 201.01 Rules of Practice and Procedure. The Plc 200 rules shall govern with regards to all procedures for:

(a) The receipt of misconduct complaints;

(b) The conduct of adjudicatory proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) All statements of policy and interpretation;

(g) Explanation of adopted rules; and

(h) Voluntary surrender of licenses.

Source. (See Revision Note at chapter heading for Lsa 200) #13633, eff 7-9-23

Lsa 201.02 Waiver of Administrative Rules.

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 310-A;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

Source. (See Revision Note at chapter heading for Lsa 200) #13633, eff 7-9-23

CHAPTER Lsa 300 LICENSURE REQUIREMENTS

PART Lsa 301 APPLICATION REQUIREMENTS

Lsa 301.01 Application Process.

(a) Individuals wishing to become licensed as a landscape architect in New Hampshire shall submit the following to the OPLC:

(1) The “Universal Application for Initial License”, dated April 2024, which the applicant shall complete by providing the information required by Plc 304.03 and Lsa 301.02(a), including the documentation required by Plc 304.04 and Lsa 302.01(b), and is signed and attested to as specified in Plc 304.05; and

(2) The application fee specified in Plc 1002.22.

(b) The licensing bureau shall process the application in accordance with Plc 304.06 through Plc 304.09.

(d) Applications about which there has been no communication from the applicant to the licensing bureau for 60 days shall be governed by Plc 304.06.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24; ss by #14168, eff 3-10-25

Lsa 301.02 Application for Initial Licensure.

(a) In addition to the requirements of Lsa 301.01, applicants for initial licensure shall provide, or cause to be provided, the following:

(1) Answer yes or no to the question “Have you ever held a Council of Landscape Architectural Registration Boards (CLARB) Council Record?”;

(2) Answer yes or no to “I have requested CLARB to transmit my Council Record to the licensing bureau:”;

(3) The names, complete addresses, phone number, occupation, and business relationship with the applicant of 5 references as specified in Lsa 302.03;

(4) Applicants who possess a non-accredited 4-year landscape architecture degree or a 4-year degree in a related field shall provide a list of the applicant’s employers demonstrating 5 years of professional experience, 3 of which shall be under the direct supervision of a licensed landscape architect. Applicants who possess an accredited 4-year landscape architecture degree or equivalent shall list all employers the applicant has had demonstrating a minimum of 3 years of professional experience. All professional experience listed shall be relevant to the license being pursued starting with the first employer and ending with the most current, including:

a. Employer’s name and address;

b. Contact person including their phone number and position;

c. The date of employment;

d. The number of years employed; and

e. The title of the position and description of responsibilities; and

(5) A supplementary experience record of the projects or assignments the applicant was involved in starting with the first project or assignment, and include:

a. A brief description and identification of the project or assignment by job title and location;

b. Identify which of the employers listed in (4) above the project or assignment was undertaken for; and

c. Identification as to what portion of the work the applicant was responsible for.

(b) Each applicant for licensure who is a graduate of a non United States or Canadian institution shall have their transcripts sent directly from CLARB or its successor to the licensing bureau.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24; ss by #14168, eff 3-10-25

Lsa 301.03 Fees. Fees shall be those fees as described in Plc 1002.22.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24 (formerly Lsa 301.04)

PART Lsa 302 QUALIFICATION OF APPLICANTS

Lsa 302.01 Candidate Requirements.

(a) Candidates for licensure shall meet the requirements established by RSA 310-A:146 before a license shall be granted. The board shall require documentation of the applicant’s education and work experience.

(b) Experience in the practice of landscape architecture shall be of a grade and character that indicates to the board that the applicant is competent to practice as a landscape architect as determined pursuant to Lsa 302.02. The board shall also require documentation of the applicant’s work products.

(1) Applicants possessing an accredited 4-year landscape architecture degree or equivalent, shall have 3 years professional experience under the direct supervision of a licensed landscape architect; or

(2) Applicants possessing a non-accredited 4-year landscape architecture degree or a 4-year degree in a related field including, but not limited to, engineering, architecture, geology, geography, planning, botany, forestry, environmental design, garden design, environmental studies, environmental science, ecology, or soil science, shall have 5 years professional experience, 3 of which shall be under the direct supervision of a licensed landscape architect.

(d) The applicant shall take the LARE prepared by CLARB and achieve a passing score.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24

Lsa 302.02 Experience Requirements. Experience in the practice of landscape architecture shall be determined pursuant to RSA 310-A:146 as follows:

(a) Only the work of landscape architectural nature shall be creditable;

(b) Experience obtained in violation of RSA 310-A:155, II relating to misconduct sufficient to support disciplinary proceedings shall not be counted;

(c) Experience gained in the armed services, to be creditable, shall be of a character equivalent to that which would have been gained in the civilian sector doing similar work;

(d) Experience shall be gained under the supervision of a licensed landscape architect or if not, an explanation shall be made explaining why the experience should be considered acceptable;

(e) Teaching experience, to be creditable, shall be of an advanced level in a college, university, or equivalent institution;

(f) Successful completion of graduate study leading to a master’s degree in landscape architecture which has followed a baccalaureate degree may be used for credit for one year’s experience. If the doctorate in landscape architecture is completed, 2-year’s total experience shall be credited. The 2-years credit shall include the one year for the master’s degree; and

(g) Experience shall have been received at the time of the application, and shall not be listed in anticipation of obtaining it.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14168, eff 3-10-25

Lsa 302.03 References Required.

(a) Each applicant for licensure shall provide the licensing bureau with the names and addresses of at least 5 individuals, who shall provide references, and are not related to the applicant. At least 3 of the references shall be individuals having personal or professional knowledge of the applicant's experience as a landscape architect. At least 3 of the references shall be licensed landscape architects as defined by RSA 310-A:141, I, having detailed knowledge of the applicant's landscape architecture experience.

(b) Pursuant to RSA 310-A:149, II, references relating to experience in the practice of landscape architecture performed prior to March 28, 2007, may be provided by either a licensed landscape architect or a person practicing the profession of landscape architecture.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14168, eff 3-10-25

Lsa 302.04 Information from References. Information from references shall be provided on the “Professional Reference Form” provided by the board requiring the following information:

(a) Applicant’s name;

(b) Reference’s full name;

(d) Whether or not the reference is licensed as a landscape architect and if yes what state(s);

(e) How long the reference has known the applicant;

(f) Whether or not the reference is related to the applicant and if yes how;

(g) What the reference’s business relationship is with the applicant;

(h) Whether or not the reference knows anything reflecting adversely on the integrity or general good character of the applicant and if yes specify;

(i) A brief description of the reference’s knowledge of the applicant’s qualifications in the practice of landscape architecture;

(j) Whether or not the reference would employ the applicant in a position of trust, and if no why;

(k) If the applicant is connected with a firm, provide the name of the firm, its address, and the position the landscape architect applicant holds at the firm;

(l) Whether or not the reference determines if the applicant is qualified to be placed in responsible charge of design or supervision of work with full authority to change designs or specification and if no why;

(m) If the applicant participates in individual practice, and the reference is aware of this practice, indicate the nature of the practice;

(n) Whether or not the reference recommends the applicant for licensure as a landscape architect and if no indicate why;

(o) Any additional remarks concerning the applicant that the reference determines beneficial to the board in making their determination of licensure; and

(p) Signature of reference and the date of signing under the following statement:

“I make the above statements with full knowledge that the person referred to is making application for licensure to the State of New Hampshire as a Landscape Architect.”

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24

Lsa 302.05 Additional References. The board shall require of the applicant the names and addresses of additional references if the original information provided by the references is unclear, incomplete, or contradictory.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24

Lsa 302.06 Denial of Application. An application shall be denied if, after notice and an opportunity for hearing, if the board finds that:

(a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the board in connection with the application;

(b) Evidence of past disciplinary action taken by another licensing body, professional society, or association, which indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the standards of conduct required by Lsa 500;

(c) Evidence of conviction of a felony or misdemeanor indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Lsa 500;

(d) Evidence of behavior that would violate the ethical standards of Lsa 500, indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Lsa 501.03;

(e) The applicant failed to meet the educational and experience requirements of Lsa 302 and RSA 310-A146; or

(f) The applicant failed to successfully pass the examinations required per Lsa 303.01.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24

PART Lsa 303 EXAMINATIONS

Lsa 303.01 Examinations.

(a) All applicants for licensure shall have taken and successfully passed all sections of the CLARB LARE.

(b) The applicant shall request CLARB to send the test scores directly to the board and follow up with the board’s office to ensure they were received.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24

Lsa 303.02 Re-Examinations. Candidates failing an examination shall be entitled to one re-examination for the same application.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14168, eff 3-10-25

PART Lsa 304 RECIPROCITY

Lsa 304.01 Reciprocity.

(a) Candidates for licensure who are licensed, certified, or registered in another jurisdiction, provided that the other jurisdiction’s licensure, certification, or registration requirements are substantially equivalent to or higher than those of this state, as specified in Plc 313.32, shall apply in accordance with Plc 313.03.

(b) Each applicant for licensure who holds a CLARB certificate shall have the CLARB certificate sent directly to the licensing bureau by CLARB, or its successor organization, for evaluation.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24; ss by #14168, eff 3-10-25

PART Lsa 305 CREDENTIALS

Lsa 305.01 License. An applicant for licensure as a landscape architect, who has met satisfactorily all the requirements of these rules as well as RSA 310-A:140 through RSA 310-A:160 and who has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license authorizing the practice of landscape architecture that shall show the full name of the licensee and the board issued license number.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24

Lsa 305.02 Reserved

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; rpld by #14168, eff 3-10-25

Lsa 305.03 Licensed Landscape Architect Seal or Stamp.

(a) The board shall upon issuance of a license to an applicant as a licensed landscape architect require the licensee to acquire an impression type seal, digital seal, or rubber stamp of the design described in (b) below by these rules. This seal shall bear the licensee's name and number as shown on the license. This seal may be affixed, at the discretion of the landscape architect, on plans, maps, and reports prepared by the licensee, but shall be affixed to all documents issued or filed for public record.

(b) The seal shall consist of 2 concentric circles with the outer circle having a diameter of 1- 5/8 inches and the inner circle diameter of 1-1/4 inches. In the space between the circles, the top shall be the words "Licensed Landscape Architect" and at the bottom "State of New Hampshire." In the space inside the inner circle shall be the full name of the licensee and the license number written horizontally. The entire seal shall be encircled by 12 leaves bringing the outside diameter to 1 7/8 inches.

(c) The stamping or sealing of any documents by the licensee with the licensee's seal after the license has expired, has been suspended, revoked, or surrendered voluntarily shall be a violation of these rules, RSA 310-A:152, and is a misdemeanor. The stamping or sealing of any documents by the licensee not prepared by the licensee personally or under the licensee’s direct supervision shall be a violation of these rules, RSA 310-A:152, and is a misdemeanor.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13849, eff 3-10-24

CHAPTER Lsa 400 CONTINUED STATUS

PART Lsa 401 RENEWAL OF LICENSE

Lsa 401.01 Expirations and Renewals. Pursuant to RSA 310:8, licenses shall be renewed by written application prior to the expiration date and by payment of the prescribed renewal fee pursuant to Plc 1002. The licensing bureau through OPLC shall notify each landscape architect in accordance with Plc 308.03. If properly renewed, a license shall be valid for 2 years from the date of issuance, unless suspended or revoked.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24; ss by #14170, eff 3-10-25

Lsa 401.02 Renewal of License. Any licensee wishing to renew a license shall submit an application as specified in Plc 308.05.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24; ss by #14170, ef 3-10-25

Lsa 401.03 Reserved

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24; rpld by #14170, eff 3-10-25

Lsa 401.04 Denial of Renewal. Renewal shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Noncompliance with the continuing education requirements of Lsa 403.01;

(b) Any act for which discipline shall be imposed under RSA 310-A:155;

(d) Failure to furnish complete or accurate information on an initial or renewal license application.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24; ss by #14170, eff 3-10-25

Lsa 401.05 Reinstatement

(a) The landscape architect shall apply for reinstatement in accordance with Plc 312.

(b) The landscape architect shall submit the reinstatement fee as specified in Plc 1002.22.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24; ss by #14170, eff 3-10-25

Lsa 401.06 Denial of Reinstatement. Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds:

(a) Noncompliance with the continuing education requirements of Lsa 403.01;

(b) Any unethical act for which discipline shall be imposed under Lsa 500;

(d) Failure to furnish complete or accurate information on an initial, renewal license, or reinstatement application.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24

PART Lsa 402 DISCIPLINARY MATTERS

Lsa 402.01 Initiation of Disciplinary Action.

(a) Complaints, investigations, and the initiation of disciplinary actions shall be in accordance with Plc 310.

(b) Disciplinary proceedings shall be conducted in accordance with Plc 311.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14170, eff 3-10-25

Lsa 402.02 Disciplinary Sanctions. Disciplinary sanctions shall be determined in accordance with Plc 311.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14170, eff 3-10-25

Lsa 402.03 Administrative Fines.

(a) The board shall commence adjudicative procedures for the assessment of an administrative fine against any person subject to such fines or penalties under any provision of RSA 310:12 when the board possesses evidence indicating that a violation has occurred. Plc 311.12 shall govern the assessment and collection of administrative fines.

(b) Administrative fines shall not exceed the following amounts:

(1) When no violation of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $1,000.00 per offense whichever is greater;

(2) When a single disciplinary infraction of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00 per offense whichever is greater;

(3) When more than one disciplinary infraction of the same type has occurred within the 5 years preceding the board’s notice to the respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater; and

(4) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues, but the total amount of the fine and the respondent’s promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines. A single course of continuing conduct shall be treated as a single violation for purposes of Lsa 402.03 (c),(1), (2), and (3).

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14170, eff 3-10-25

Lsa 402.04 Reserved

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; rpld by #14170, eff 3-10-25

PART Lsa 403 CONTINUING PROFESSIONAL DEVELOPMENT

Lsa 403.01 Renewal Requirements.

(a) A renewal application shall include evidence documenting the licensee’s completion of the minimum required hours of approved professional development hours required by RSA 310-A:150 and list the specific basis for each credit.

(b) As required by RSA 310-A:150, each licensee shall obtain at least 30 continuing education hours of approved continuing education courses during the biennial renewal period as a condition of license renewal.

(c) If a licensee exceeds the minimum requirement, a maximum of 15 professional development hours may be carried forward into the subsequent renewal period.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by by #14170, eff 3-10-25

Lsa 403.02 Reinstatement. An applicant may bring an inactive license to active status by obtaining 30 continuing education hours within the immediately preceding 24 months.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24

Lsa 403.03 Continuing Education Hour Requirements. Continuing education hours shall meet the following criteria:

(a) Continuing education activities shall be relevant to the practice of landscape architecture or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content;

(b) The content of each presentation shall be well organized and presented in a sequential manner; and

(c) There shall be a provision for individual participant course and program registration including information required for record keeping and reporting.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14170, eff 3-10-24

Lsa 403.04 Continuing Education Hour Credits. Continuing education hours shall be credited per renewal cycle as follows:

(a) A maximum of 6 continuing education hours shall apply to activity on a state or national board of licensure;

(b) Courses or programs awarded one college semester hour of credit shall equal 45 continuing education hours based on course credit established by the college or university;

(d) Courses or programs awarded one continuing education unit shall equal 10 continuing education hours;

(e) Credit shall be awarded for one hour of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional or technical society meetings shall earn continuing education hour units for the actual time of each program;

(f) Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn continuing education hours credit at twice that of participants. Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty;

(g) Each published landscape architecture textbook shall equal 30 continuing education hours;

(h) Each published landscape architecture paper or article shall equal 2 continuing education hours with a maximum of 6 continuing education hours;

(i) Active participation in professional or technical societies shall equal 4 continuing education hours and shall require that a registrant serve as an officer or actively participate in a committee of the organization;

(j) Credit awarded for one patent shall equal 10 continuing education hours;

(k) Continuing education credits shall not be recognized for any repeat program attended or completed; and

(l) Active participation as a member or alternative of a planning board, zoning board of adjustment, or conservation commission shall equal a maximum of 6 continuing education hours.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24

Lsa 403.05 Record Keeping.

(a) The responsibility of maintaining records to be used to support continuing education credits claimed shall be the responsibility of the licensee.

(b) Records required to show completion of continuing education shall be one of the following:

(1) Verifying documentation or certification from the course provider, showing the type of activity claimed, sponsoring organization, and continuing education hours credits earned;

(2) Transcripts issued by Council of Landscape Architectural Registration Boards (CLARB) showing a listing of the courses taken by the applicant for renewal and the continuing education hours earned; or

(3) Transcripts issued by an accredited educational institution showing the applicant for renewals name, the course taken, and number of credits attributed to the course.

(c) The licensee shall retain the records described in (b) above for a period of no less than 4 years. Such documentation shall be made available to the board for random audit or verification purposes. Documentation shall support continuing education hours claimed on the renewal form. Failure to provide documentation for audit verification shall result in disciplinary action.

(d) Not less than 3% of the licensees shall be randomly selected each year by the board to verify the licensees are in compliance with Lsa. 403.01.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24; ss by #14170, eff 3-10-25

Lsa 403.06 Exemptions. A licensee shall be exempt from the continuing education educational requirements if the licensee can establish, through the documentation required in Lsa 403.07, any of the following:

(a) A licensee is serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year; or

(b) Licensee is experiencing a disability, illness, or other extenuating circumstances which would prevent the licensee from completing the required continuing education hours.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24

Lsa 403.07 Waiver of Continuing Education Requirements or Extension of Deadline.

(a) A licensee who wishes to request a waiver of the continuing education requirements or an extension of the deadline shall do so by submitting the request as follows:

(1) The applicant for renewal files a request for a waiver or extension at least 30 days before the expiration of their license; or

(2) The applicant for renewal who submits the request listed in (a)(1) above less than 30 days prior to the expiration of the license shall submit a detailed written explanation, in addition to the required documentation, showing good cause, that includes serious accident, illness, or other circumstances beyond the control of the licensee, which actually prevented the licensee from requesting waiver at least 30 days prior to the license expiration date; and

(3) Provides one of the following types of documentation:

a. For an individual experiencing a disability or illness the relevant supporting documentation from the licensee’s physician or medical professional that indicates that the applicant for renewal was incapacitated to such a degree that they could not have completed the continuing education requirements;

b. For an individual requesting a waiver of circumstances beyond the control of the licensee and not listed in a. above, documentation showing that the applicant for license renewal could not have reasonably completed the continuing education requirements; or

c. For an individual who is on active military duty, documentation showing that the applicant for license renewal was on active military duty for at least 120 consecutive days during the year immediately preceding year.

(b) A waiver of all or part of the continuing education requirement shall be granted provided the waiver petition meets the following criteria:

(1) The individual experiencing a disability or illness is incapacitated to a degree that completing the continuing education requirements is not possible;

(2) The circumstances beyond the control of the licensee continues past the renewal date and could not be completed even if an extension was granted; or

(3) The individual remains on active military duty past the expiration of their license.

(c) A waiver of the deadline for all or part of the continuing education shall be granted provided the petition meets the following criteria:

(1) The individual experiencing a disability or illness has been rehabilitated sufficient to complete all or part of the continuing education required within 3 months of the date the license was set to expire;

(2) The circumstances beyond the control of the licensee have been rectified and the licensee can complete all or part of the continuing education required within 3 months of the date the license was set to expire; or

(3) The individual has been discharged from active military duty and is able to complete all or part of the continuing education required within 3 months of the date the license was set to expire.

(d) The board shall not waive or grant an extension of continuing education requirements for 2 consecutive renewal periods.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24

Lsa 403.08 Noncompliance. Failure of a licensee to submit documentation of continuing education required by Lsa 403.03, when requested to do so per Lsa 403.05(d), shall result in the issuance of a notice of hearing to the licensee to determine if there has been a violation of the board’s rules and laws.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #13850, eff 3-10-24

CHAPTER Lsa 500 ETHICAL STANDARDS AND PROFESSIONAL CONDUCT

PART Lsa 501 ETHICAL STANDARDS AND PROFESSIONAL CONDUCT

Lsa 501.01 Purpose and Scope.

(a) The purpose of this chapter is to establish and maintain a high standard of integrity, skills, and practice in the profession of landscape architecture.

(b) This chapter shall be binding upon every person holding a license to practice landscape architecture issued by the board or OPLC.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14169, eff 3-10-25

Lsa 501.02 Obligation To Comply.

(a) The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall constitute misconduct subject to disciplinary action.

(b) All persons licensed under RSA 310-A:140-160 shall be considered to have knowledge of the existence of these ethical standards and rules of professional conduct, and shall be deemed to be familiar with them. Such knowledge shall encompass the understanding that the practice of landscape architecture is a privilege, as opposed to a right, and the licensee shall be forthright and candid in the licensee's statements or written response to the board, the OPLC, or its representatives, on matters pertaining to professional conduct.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14169, eff 3-10-25

Lsa 501.03 Professional Standards of Conduct.

(a) Licensees shall not attempt to practice in any professional field in which the licensee is not licensed and competent.

(b) Licensees shall undertake work only for which the licensee is qualified by education and experience.

(c) When serving as an expert or technical witness before any court, commission, or other tribunal, licensees shall express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the testimony.

Source. #8861, eff 3-28-07; ss by #10679, eff 9-30-14; ss by #14169, eff 3-10-25

Lsa 501.04 Conflicts of Interest.

(a) Licensees shall clearly identify themselves, their employer, and the interests they represent.

(b) Licensees shall clearly define the scope of their responsibility in connection with work for which the licensee is claiming responsibility.

(c) Licensees shall promptly and fully disclose to the client or employer all conflicts of interest, and the licensee shall act immediately to resolve the conflict.

(d) Licensees shall disclose fully to their clients any financial or purchase interest the licensee has in the land on which they are working.

Source. #14169, eff 3-10-25

Lsa 501.05 Professional Integrity.

(a) Licensees shall not knowingly issue a false statement or false information.

(b) Licensees shall advertise only in a truthful manner, stating the services the licensee is qualified and prepared to perform.

(c) Licensees shall not falsify or permit misrepresentation or exaggeration of the licensee's or the licensee's associates' academic or professional qualifications.

(d) Licensees shall not misrepresent or exaggerate the licensee's degree of responsibility in, or for the subject matter of, prior assignments.

(e) Licensees shall not misrepresent pertinent facts in brochures or other presentations incident to the solicitation of employment concerning employers, employees, associates, joint ventures, or the licensee or their past accomplishments with the intent and purpose of enhancing the licensee's qualifications and work.

(f) Licensees shall not engage in or participate in professional or business practices of a fraudulent or dishonest nature.

(g) Licensees shall not attempt to injure by false statement or dishonest action either directly or indirectly, the professional reputation, prospects, or business of another.

(h) Licensees shall be objective and truthful in all professional reports, statements, or testimony, and include only relevant and pertinent information in such reports, statements, or testimony.

(i) Licensees shall conscientiously avoid conflicts of interest or the appearance of such conflicts.

Source. #14169, eff 3-10-25

Lsa501.06 Disclosures.

(a) Licensees shall disclose fully all direct or indirect costs or obligations of services provided, by the licensee or under the licensee’s supervision, including hourly or daily rates and commissions.

(b) Licensees shall provide complete services requested by client or disclose clearly that such services cannot be provided.

(c) Licensees shall not disclose information concerning the affairs of the landscape architect’s client without the client's express permission.

(d) Licensees shall not accept compensation or expenses from more than one employer or client for the same service, unless the parties involved are informed and consent.

(e) Licensees shall not solicit or accept gratuities or referral fees, directly or indirectly, from contractors, their agents, or other parties dealing with the licensee's client in connection with the work for which the licensee is responsible.

(f) Licensees shall issue no statements, criticisms, or arguments on landscape architecture matters that are inspired or paid for by an interested party, or parties, unless such comments are prefaced by explicit identification of the licensee and by disclosing the identities of the party or parties on whose behalf the licensee is speaking.

Source. #14169, eff 3-10-25

Lsa 501.07 Contractual Conduct and Practice.

(a) Licensees shall, at all times in the performance of services, abide by applicable federal, state, and municipal laws and regulations.

(b) When asked to practice landscape architecture in a way that deviates from accepted professional standards, the licensees shall advise the client or employer in writing in advance of the known consequences of such deviation.

(c) While in public service as a member, advisor, or employee of a governmental body or department, licensees shall not participate in considerations or actions with respect to private landscape architecture services provided by the licensee or by the licensee's organization.

(d) Unless the circumstances are fully disclosed to all parties, licensees shall not solicit or accept a landscape architecture contract from a government body on which a principal or officer of the licensee's organization serves as a member.

(e) Licensees shall not contract for the completion of another licensee's contracted work unless reasonable effort has been made to consult with the prior licensee by letter sent via U.S. mail or electronic mail.

Source. #14169, eff 3-10-25

Lsa 501.08 Duty to Cooperate.

(a) Licensees shall cooperate with investigations and requests for information from the OPLC and the OPLC’s representatives.

(b) Licensees shall present information to the OPLC for action, in accordance with Plc 204.02, if the licensee has evidence of unprofessional conduct of another landscape architect provided that the licensee possesses reasonably clear evidence that such misconduct is occurring.

(c) Licensees shall report to the OPLC, in accordance with Plc 204.02, any person who the licensee believes to be practicing as a landscape architect without a license or otherwise violating RSA 310-A:140-160.

(d) Licensees shall submit only truthful and correct information in any application or other document filed with or statement made to the OPLC.

(e) Licensees shall comply with Plc 307.

Source. #14169, eff 3-10-25

Lsa 501.09 Seals and Endorsements.

(a) Licensees shall not allow any other person to use the licensee’s seal recognizing that the seal indicates the licensee’s personal responsibility for the work bearing the licensee’s seal.

(b) Licensees shall not affix the licensee’s signature or seal to any map or document dealing with subject matter in which the licensee lacks competence by virtue of education and experience.

(c) Licensees shall not affix the licensee’s signature or seal to any map or document not prepared by licensee or under the licensee's direct supervisory control.

(d) Licensees shall affix their seal to all plans, maps, and reports submitted for regulatory approval prepared by the licensee.

(e) Licensees shall affix their seal and signature to drawings and documents depicting the work of 2 or more professionals provided the licensee designates by a note under their seal the specific subject matter for which the licensee is responsible.

Source. #14169, eff 3-10-25

RULE	STATUTE
Lsa 101	RSA 310-A:140
Lsa 102	RSA 310-A:141
Lsa 103-104	RSA 310-A:142; RSA 541-A:16, I(a)
Lsa 105.01	RSA 310-A:142; RSA 541-A:16, I(a)
Lsa 105.02	RSA 310-A:142; RSA 541-A:16, I(a)

Lsa 201.01	NEED RSA
Lsa 201.02	RSA 541-A:16, I(b)

Lsa 301.01	RSA 310:4, II(c); RSA 310:5, I
Lsa 301.02	RSA 310:4, II(c); RSA 310-A:146, I
Lsa 301.03	RSA 310-A:144, I and II
Lsa 302.01	RSA 310-A:143, I(b); RSA 310-A:146 I-IV; RSA 310-A:147; RSA 310-A:148
Lsa 302.02	RSA 310-A:146, I; RSA 310-A:147
Lsa 302.03	RSA 310-A:149, II
Lsa 302.04	RSA 310-A:143, I(b)
Lsa 302.05	RSA 310-A:143, I(d) and (g); RSA 310-A:149, II
Lsa 302.06	RSA 310-A:143, I(d) and (g)
Lsa 303.01	RSA 310-A:143, I(c); RSA 310-A:151
Lsa 303.02	RSA 310-A:151; RSA 310:4, II (c)
Lsa 304.01	RSA 310:4, II(c); RSA 310:5, I; RSA 310:17
Lsa 305	RSA 310-A:143, I(j); RSA 310-A:152
Lsa 305.01	RSA 310-A:143, I(j)
Lsa 305.02	Reserved
Lsa 305.03	RSA 310-A:152

Lsa 401.01 - 401.02	RSA 310:8, II and III
Lsa 401.03	Reserved
Lsa 401.04	RSA 310-A:155
Lsa 401.05	RSA 310:8, III; RSA 310-A:143, I (d)
Lsa 401.06	RSA 310-A:143, I (d); RSA 310-A:154
Lsa 402.01	RSA 310:10, II; RSA 310-A:143, I (f); RSA 310-A:155
Lsa 402.02	RSA 310:10, II, VII; RSA 310:12
Lsa 402.03	RSA 310:12, I(e), V
Lsa 402.04	Reserved
Lsa 403.01	RSA 310-A:150; RSA 310-A:143, I (d); RSA 310-A:154
Lsa 403.02	RSA 310-A:143, I (d); RSA 310-A:154
Lsa 403.03	RSA 310-A:150; RSA 310-A:143, I (d); RSA 310-A:154
Lsa 403.04 through Lsa 403.08	RSA 310-A:143, I (d); RSA 310-A:154

Lsa 501	RSA 310-A:143, I(f); RSA 310-A:152