Arkansas Administrative Code

17 CAR § 230-504. Renewal. (a) A certification of registration shall expire on January 31 of each year and shall become invalid on February 1, unless renewed. (b) All renewals must be either received in the Arkansas State Board of Architects, Landscape Architects, and Interior De…

17 CAR § 230-505. Emeritus status registration. (a) Registrants who are retired from the active practice of landscape architecture who are sixty-five (65) years of age or older may request emeritus status by filling out the proper application. (b) Emeritus status licensees are ex…

17 CAR § 230-506. Reinstatement of lapsed license. (a)(1) An individual whose license has lapsed for any reason may be reinstated at any time within three (3) years from the date of cancellation of the registration. (2) Prior to reinstatement, the individual must demonstrate comp…

17 CAR § 230-601. Initial registration standards. (a) To be granted initial registration, an applicant must meet the following requirements: (1) An applicant must be of good moral character, as verified by employers and other references; (2) An applicant must hold a professional …

17 CAR § 230-602. Reciprocal registration standards. An applicant who holds a current and valid certification issued by CIDQ and who submits satisfactory evidence of such certification to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers can be …

17 CAR § 230-603. Registration prohibited. One (1) or more of the following acts shall be sufficient to prevent the applicant from being considered for registration and license: (1) Utilizing the title “registered interior designer” without registration in Arkansas or any other s…

17 CAR § 230-604. Renewal. (a) A certificate of registration shall expire on January 31 of each year and shall become invalid on February1, unless renewed. (b) All renewals must be either received in the Arkansas State Board of Architects, Landscape Architects, and Interior Desig…

17 CAR § 230-605. Reinstatement of lapsed license. (a)(1) An individual whose license has lapsed for any reason may be reinstated at any time within three (3) years from the date of cancellation of the registration. (2) Prior to reinstatement, the individual must demonstrate comp…

17 CAR § 230-701. General. (a) Applicants for registration by examination must pass the Architect Registration Examination (ARE®). (b) Any such applicant for registration by examination must have been approved as a candidate for examination by NCARB.

17 CAR § 230-702. Application. The applicant has full, complete, and sole responsibility for furnishing to NCARB all necessary information and paying to NCARB all required fees.

17 CAR § 230-703. Conditions for examination. (a) NCARB will determine the eligibility of each applicant and will forward eligibility information to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. (b) NCARB will allow the applicant to take th…

17 CAR § 230-704. Fees. The examination fees for each division of the ARE® will be established by NCARB and will be paid directly to the test vendor by the candidate.

17 CAR § 230-705. Examinees with disabilities. (a) Requests for modifications to the examination procedure to accommodate physical or other disabilities must be made to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing. (b) A physicia…

17 CAR § 230-801. General. (a) Applicants for registration by examination must pass the Landscape Architect Registration Examination (LARE®). (b) Any such applicant for registration by examination must be twenty-one (21) years of age and must have been approved as a candidate for…

17 CAR § 230-802. Application. The application packet for the examination must contain the following: (1) The completed Arkansas application form documenting the following: (A) A professional degree in landscape architecture from a school or college of landscape architecture accr…

17 CAR § 230-803. Conditions for examination. (a) The applicant will apply for examination directly with CLARB. (b) The board will allow the applicant to take the LARE® at any CLARB-approved test center, whether or not it is located in the State of Arkansas. (c) The board will ac…

17 CAR § 230-901. General. (a) Applicants for registration by examination must pass the examination prepared and administered by CIDQ. (b) Any such applicant for registration by examination must be twenty-one (21) years of age. (c) All applicants for registration by examination m…

17 CAR § 230-902. Conditions for examination. (a) CIDQ will determine the eligibility of each applicant and will forward eligibility information to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. (b) The board will allow the applicant to take…

17 CAR § 230-903. Fees. The examination fees for each division of the CIDQ examination will be established by CIDQ and will be paid directly to the test vendor by the candidate.

17 CAR § 231-1001. Service. Service shall be had by serving a copy of the petition upon the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and all other parties of record either by personal service or by mail.

17 CAR § 23-101. Rules under the practice act. This exposition of the Rules of Procedure, formulated under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., does not affect a repeal of the provisions of the act or of its amendments and related laws, ex…

17 CAR § 23-102. Notice — Hearing. Any such rule shall be made or amended only after a hearing upon notice, as set forth in this part.

17 CAR § 231-1101. Civil action. The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may institute a civil suit or other legal proceedings that may be required for enforcement of any provisions of Arkansas Code § 17-15-101, et seq., § 17-35-101 et…

17 CAR § 231-1102. Criminal action. If the Arkansas State Board of Architects, Landscape Architects, and Interior Designers has reason to believe that any person has violated any provisions of the act, as amended, or related acts for which criminal prosecution would be in order, …

17 CAR § 231-201. Prior rules – Valid. Rules of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers formulated previously are declared to be still in force until amended and certified to the Arkansas Register.

17 CAR § 231-301. Petition for rule making. (a) In any case of rule-making, every person has a right to seek action from the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in making a rule. (b) Every person also has the right to seek to cause cor…

17 CAR § 231-401. Order – Effective only in writing. An order of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall be effective only when in writing.

17 CAR § 231-402. Effective date. Each order shall contain an effective date and shall concisely state the following: (1) Its intent and purpose; (2) The grounds on which it is based; and (3) The pertinent provision of law.

17 CAR § 231-403. Order may be effectuated. (a) An order may be given by service upon or delivery to the person ordered, by mail, with postage prepaid and addressed to the person at his or her principal place of business or his or her home of last address on record with the Arkan…

17 CAR § 231-404. Order formulated upon adjudication. An order shall be formulated upon each adjudication made by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers or its hearing officer.

17 CAR § 231-501. Declaratory order – Petition for. Any person who alleges that a rule or its possible application may injure or threaten to injure one’s self, one’s business, or one’s property may file a petition for a declaratory order as to the applicability of any rule to be …

17 CAR § 231-502. Prompt disposition. Such petition for a declaratory order shall be considered and a prompt disposition shall be made.

17 CAR § 231-503. Status. Declaratory orders shall have the same status as agency orders formulated upon adjudication.

17 CAR § 231-601. Reasonable notice. All parties shall be afforded an opportunity for hearing after reasonable notice.

17 CAR § 231-602. Evidence may be presented. The opportunity shall be afforded all people interested in the action to respond and to present evidence and argument on all issues involved.

17 CAR § 231-603. Stipulation, settlement, consent, or default not prohibited. Nothing in this part shall prohibit informal disposition by: (1) Stipulation; (2) Settlement; (3) Consent order; or (4) Default.

17 CAR § 231-604. Record. The record shall include the following: (1) All pleadings, motions, and intermediate rulings; (2) All evidence received or considered, including, on the request of any party, a transcript of all proceedings or any part thereof; (3) A statement of matters…

17 CAR § 231-605. Findings of fact. Findings of fact shall be based exclusively on the evidence received and on matters officially noticed.

17 CAR § 231-701. Final decisions. (a) In every case of adjudication, there shall be a final decision, or order, that shall be in writing (or stated in the record). (b)(1) The final decision shall include findings of fact and conclusions of law, each separately stated. (2) The fi…

17 CAR § 231-702. Service of copy — Decision. Parties shall be served a copy of any decision or orders either personally or by mail.

17 CAR § 231-703. Exemption. Where a formal hearing before a hearing officer has been held, at which the parties were given proper notice and at which the opportunity was offered to them to be present in person and by counsel to present testimony, briefs, and argument, a proposal…

17 CAR § 231-801. Appointment and duties. (a) Where convenient and appropriate, a hearing officer may be appointed to take testimony and prepare the record for the Arkansas State Board of Architects, Landscape Architects, and Interior Designers’ consideration. (b) The hearing off…

17 CAR § 231-802. Hearing. In every case of adjudication, and in cases of rule-making, where rules are to be made after hearing, there shall be a hearing.

17 CAR § 231-803. Right of counsel. Any person compelled to appear before the Arkansas State Board of Architects, Landscape Architects, and Interior Designers or a hearing officer shall have the right to counsel.

17 CAR § 231-804. Impartiality. (a) All members of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers present shall conduct themselves in an impartial manner, and the presiding official may withdraw if he or she deems himself or herself disqualif…

17 CAR § 231-805. Power and duties of presiding official. Power and duties: (1) Administer oaths and affirmations; (2) Maintain order; (3) Rule on all questions arising during the course of the hearing; (4) Hold conferences for the settlement or simplification of the issues; (5) …

17 CAR § 231-806. Burden of proof. The proponent of a rule or order shall have the burden of proof.

17 CAR § 231-807. Evidence — Excluded and admitted. (a) Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. (b) Any other evidence, oral or documentary, not privileged, may be received if it is of a type commonly relied upon by reasonable, prudent individua…

17 CAR § 231-808. Objections. Objections to evidence may be made and shall be noted in the record.

17 CAR § 231-809. Evidence may be written. When a hearing can be so expedited (and the interests of the parties will not be prejudiced), any part of the evidence may be received in written form.