Texas Administrative Code

(a) Every Applicant for landscape architectural registration by examination in Texas must successfully complete all sections of the Landscape Architect Registration Examination (LARE). (b) The Board may approve an Applicant to take the LARE only after the Applicant has completed …

Pursuant to Texas Family Code § 232.0135 , the Board shall not approve an application for registration from an Applicant who has failed to pay court ordered child support. The Board shall refuse to approve such an application upon receipt of notice of the child support arrearage …

(a) An Applicant, Candidate or a person enrolled or planning to enroll in an accredited landscape architectural educational program may make a written request to the Board's executive director for a preliminary criminal history evaluation letter which states the person's eligibil…

(a) A properly submitted application for registration by examination will be effective for three (3) years from the date it is received by the Board. After three (3) years, the Board may require the Applicant or Candidate to update the application or reapply. (b) Each Candidate a…

(a) If suspension of a person's registration is the appropriate sanction for a violation of a statutory provision or rule enforced by the Board, the Board and the administrative law judge shall apply the following guidelines to determine whether the suspension will be active or p…

(a) SOAH shall conduct formal hearings in accordance with the APA, the Rules of Procedure of SOAH, the Landscape Architects' Registration Law, the Rules and Regulations of the Board, and case law, provided that: (1) an administrative law judge may, by order, modify the requiremen…

(a) The Board shall investigate Contested Case matters and attempt to resolve Contested Cases informally as provided in Subchapter I of this chapter (relating to Disciplinary Action). However, if a Contested Case is not settled informally pursuant to Subchapter I of this chapter,…

(a) Unless specifically indicated, the Administrative Procedure Act (APA) applies to all Contested Cases involving matters under the jurisdiction of the Board. (b) The Rules of Procedure of the State Office of Administrative Hearings (SOAH) apply to formal hearings of Contested C…

(a) An Applicant for landscape architectural registration by examination must apply through CLARB. The Applicant is responsible for having CLARB transmit to the Board a completed application with all required supporting documentation. (b) An Applicant for landscape architectural …

(a) A person may apply for landscape architectural registration by reciprocal transfer if the person holds a landscape architectural registration that is active and in good standing in another jurisdiction and the other jurisdiction: (1) has licensing or registration requirements…

(a) In order to obtain landscape architectural registration by examination in Texas, an Applicant: (1) shall have a professional degree from: (A) a landscape architectural education program accredited by the Landscape Architectural Accreditation Board (LAAB), (B) a landscape arch…

An Applicant may earn credit for experience other than under the conditions described in Section 3.191 of this subchapter if the Board considers such experience to be substantially equivalent to the experience described therein. For purposes of this subsection, education may be c…

(a) Pursuant to § 3.21 of this chapter, an applicant for landscape architectural registration by examination must successfully demonstrate that the Applicant has gained at least 3,640 hours of experience in accordance with the following table: Attached Graphic (b) An Applicant mu…

If the Board suspends or revokes a person's certificate of registration as a result of disciplinary action, the person may not reinstate the certificate of registration or obtain a new certificate of registration unless the person: (1) demonstrates that he/she has taken reasonabl…

If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty…

(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the Executive Director or the Chairman may issue a subpoena to require the attendance of a…

(a) If the Board's staff determines that a respondent who is a Registrant, Candidate, or Applicant appears to have engaged in the Practice of Landscape Architecture in a manner that was Reckless, Grossly incompetent, or dishonest, the matter may not be docketed at the State Offic…

(a) A person may file a complaint by submitting the following information to the Board: (1) the name of and contact information for the complainant unless evidence regarding a possible violation was submitted anonymously; (2) the name of the person against whom the complaint is f…

(a) A person who is not a Landscape Architect who violates any of the laws or rules over which the Board has jurisdiction is subject to any or all of the following: (1) judicial proceedings for injunctive relief; (2) criminal prosecution in a court of appropriate jurisdiction; (3…

(a) Each day a violation of any statutory provision or rule enforced by the Board occurs or continues may be considered a separate violation subject to disciplinary action by the Board. (b) Each sheet of architectural plans and each separate section of the specifications which ar…

A Landscape Architect, a Candidate or an Applicant shall answer an inquiry or produce requested documents to the Board concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the person receives the inquiry. Failure to respond within thirt…

(a) If a Landscape Architect fails to submit any document to the Texas Department of Licensing and Regulation as required by the Architectural Barriers Act, or a rule or procedure enacted pursuant to the Architectural Barriers Act, the Board may take disciplinary action against t…

The Executive Director or a person designated by the Executive Director shall represent the Board in any alternative dispute resolution proceeding. Notes 22 Tex. Admin. Code § 3.169 The provisions of this §3.169 adopted to be effective January 8, 2002, 27 TexReg 165

For good cause, the Board, the Executive Director, or a person designated by the Executive Director may dismiss a Contested Case at any time after a Contested Case proceeding is commenced. Notes 22 Tex. Admin. Code § 3.168 The provisions of this §3.168 adopted to be effective Jan…

(a) The Board shall cause to be published in the Board's official newsletter, on the Board's Web site, in a newspaper, or in another publication the name of any person who has received disciplinary action by the Board. The publication may include a narrative summary of the facts …

(a) An informal conference may be held in order to provide a respondent with the opportunity to appear and answer a charge against the respondent in person. (b) An informal conference shall be attended by the respondent and each person designated by the Executive Director to atte…

(a) A Contested Case may be resolved informally at any time. (b) If the respondent agrees in writing to a settlement agreement and the Executive Director executes the written settlement agreement, the settlement agreement shall be presented to the Board for approval or rejection.…

(a) The Board may initiate a Contested Case proceeding in response to: (1) a written complaint filed by a member of the public; (2) information provided in a registration application or renewal form; or (3) other information known to the Board which establishes probable cause. (b…

(a) In computing any period of time prescribed by this subchapter, by order of the Board, or by other applicable statutory provision or rule, the period shall begin on the day after the act or the event considered and conclude at the end of the last day of such period unless the …

This chapter shall provide a system of procedures for the initiation, investigation, prosecution, hearing and resolution of disciplinary matters and allegations involving persons who are subject to the jurisdiction of the Texas Board of Architectural Examiners. Notes 22 Tex. Admi…

(a) For purposes of § 3.27 and § 3.149 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if: (1) the person entered a plea of guilty or nolo contendere; (2) the court deferred further proceedi…

(a) The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or denial until: (1) all enforcement proceedings have been terminated by a final judgment or order and the time…

(a) If in the course of a disciplinary proceeding, it is found by the Board that a Landscape Architect's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or th…

(a) A Landscape Architect shall not practice or offer to practice landscape architecture in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of landscape architecture in that jurisdiction. (b) The revocation, suspension, refus…

(a) A Landscape Architect shall not: (1) knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board; (2) aid or abet, directly or ind…

(a) If a Landscape Architect has any business association or financial interest which might reasonably appear to influence the Landscape Architect's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Landscape Architect…

(a) A Landscape Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to: (1) defraud; (2) deceive; or (3) create a misleading impression. (b) A Landscape Architect may not a…

(a) A Landscape Architect shall not practice landscape architecture in any manner which, when measured by generally accepted landscape architectural standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the…

(a) A Landscape Architect shall undertake to perform a professional service only when the Landscape Architect, together with those whom the Landscape Architect shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. Durin…

(a) These rules of professional conduct are promulgated pursuant to the Landscape Architects' Registration Law (the Act), Chapters 1051 and 1052, Texas Occupations Code which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonab…

(a) A Landscape Architecture firm or other business entity that offers or provides landscape architectural services in Texas must annually register information regarding the firm or business entity with the Board, including an email address to which all TBAE correspondence will b…

(a) Landscape Architects duly registered in Texas are authorized to use the term "landscape architect," the term "landscape architectural," the term "landscape architecture," and any similar term to describe themselves and to describe services they offer and perform in Texas. (b)…

(a) A Landscape Architect or a Principal, on behalf of a Landscape Architecture firm, who forms a business association to jointly provide landscape architectural services with any Nonregistrant who is: (1) not an employee of the Landscape Architect or Landscape Architecture firm;…

In carrying out its responsibility to insure strict enforcement of the Landscape Architects' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the practice of Landscape Arch…

(a) A Landscape Architect may not affix or authorize the affixation of the Landscape Architect's seal to a Prototypical Construction Document derived from a Prototypical design prepared by another person unless: (1) the Landscape Architect thoroughly reviews and makes appropriate…

(a) Except as provided in Subsection 3.105, a Landscape Architect may not affix or authorize the affixation of his/her seal to any document unless the document was prepared by the Landscape Architect or under the Landscape Architect's Supervision and Control. (b) If only a portio…

(a) Construction Documents (1) On every Construction Document prepared by a Landscape Architect or under a Landscape Architect's Supervision and Control, the Landscape Architect shall affix or cause the affixation of: (A) the Landscape Architect's seal; (B) the Landscape Architec…