Current through Register Vol. 49, No. 9, September, 2024
SECTION I SCOPE; DEFINITIONS
A. PURPOSE
These Rules and Regulations of the Arkansas State Board of
Architects are set forth for the purpose of interpreting and implementing the
Arkansas Architectural Act, Arkansas Code Annotated
17-15-101 et.
seq. establishing the Board, and conferring upon its responsibility for
registration of architects and the regulation of the practice of
architects.
B. SEVERABILITY
If any provisions of these regulations or the application thereof
to any person or circumstance is invalid, such invalidity shall not affect
other provisions or application of these regulations which can be given effect
without the invalid provision or application, and to this end the provisions of
these regulations are declared to be severable.
C. TERMS DEFINED BY STATUTE
Terms defined in the Arkansas Architectural Act, Arkansas Code
Annotated
17-15-101 et.
seq. shall have the same meanings when used in these regulations unless the
context or subject matter clearly requires a different interpretation.
D. TERMS DEFINED HEREIN
As used in these regulations, the following terms shall have the
following meanings unless the context or subject matter clearly requires a
different interpretation.
Applicant
An individual who has submitted an application for registration
to the Board.
Architect
"Architect" means a person who is technically and legally
qualified to practice architecture.
A.R.E.
The current Architect Registration Examination prepared by
NCARB.
CEH
Continuing Education Hour- (1) One hour is equivalent to
fifty (50)miniutes of class time.
EESA
Education Evaluation Services for Architects, a program
administrated by Educational Credential Evaluators, Inc., a private
organization not affiliated with NCARB or any of it's members.
"Emeritus Architect"- Registrants retired from active
practice of architecture who are 65 years of age or older. An emeritus
architect may use the title "architect" but may not practice architecture as
defined in Arkansas Code Annotated §
17-15-102(5)(A)(i).
Examination
The current Architect Registration Examination (A.R.E.), as
accepted by the Board.
IDP
Intern Development Program.
NAAB
The National Architectural Accrediting Board.
NCARB
The National Council of Architectural Registration Boards.
Original Documents
Version of drawings and/ or sets of specifications from
which all lawful copies are made.
Principal
An individual who is (a) a registered architect and (b) in charge
of an organization's architectural practice, either alone or with other
registered architects.
VU
Value unit, used to calculate the hours of training earned by IDP
applicants.
SECTION
II GENERAL PROVISIONS
A. BOARD
OPERATIONS
1. Headquarters - Little Rock at
location designated by Board.
2.
Officers - President, Vice President, Secretary - Treasurer, Members. Term of
office for officers -1 year beginning October 1.
3. Employees - Director, Board Administrator,
Executive Secretary and/or other employees as deemed necessary by the
board.
4. Fiscal year - July 1
through June 30th
5. Regular meetings - At the discretion of
the Board and not less than twice annually. Exact dates to be determined by
President.
6. Special meetings - at
call of President or any 2 members.
7. Place of meetings - in State of Arkansas,
where directed by President or by the 2 members who call a special
meeting.
8. Notice of meetings - by
Director or Board Administrator at direction of President or members calling
meeting at least 10 days prior to meeting, unless such notice waived by all
members.
9. Records and Reports -
Secretary-Treasurer is responsible but may designate actual preparation to
staff.
- Minutes and official reports.
- Register of applicants, examinations, certifications and
renewals.
- Correspondence
- Receipts and disbursements
10. Funds - collected and deposited to
account of Board by Secretary-Treasurer, except as he or she may delegate these
duties to staff.
11. Bonds -
Secretary-Treasurer, Director and staff as required by the Board or State of
Arkansas.
12. Depository- Checking
and savings accounts in a financial institution chartered in State of
Arkansas.
13. Disbursements - by
signature of any two of the following: President, Executive Director, Board
Administrator, Secretary-Treasurer and Executive Secretary.
B. BOARD SEAL
Seal of Board - as designated in 1939. This seal shall be applied
to all registrations issued by the Board.
(place a copy of the Board seal)
C. PUBLIC INFORMATION
The Board shall, at its offices, maintain a roster of duly
registered architects and business entities subject to SECTION
VIII, A., open to public
inspection, which shall show each registered architect's or entity's business
name, registration or certificate or authorization number, and last known
mailing address. A roster of all licensed architects shall be published
on the web site.
D.
COMMUNICATION; PROHIBITION OR IMPROPER CONTACTS Prior to the filing of an
application, and after the final Board action on an application, verbal and
written communication with individual Board members or any member of the
Board's staff shall be freely permitted; provided, however, that in no event is
any member of the Board or its staff authorized to give any indication of what
specific actions the Board may take upon the merits of any application which
may be filed with it. General advice, however, may be given as to the manner of
completing or submitting applications, the procedures to be followed in
processing applications, and the nature of the standards applied by the Board
in evaluating applications. While an application for registration or an
enforcement proceeding is pending before the Board, no one shall initiate any
written or oral communication with individual Board members concerning the
matter; but inquiries may be made orally or in writing to the Board staff or in
writing to the Board.
E. NCARB
1. The Board shall maintain membership in
NCARB and pay the necessary costs thereof.
2. The Board shall keep up-to-date
information on the recommended policies adopted from time to time by
NCARB.
3. The Board shall cooperate
with NCARB in establishing uniform standards of architectural registration
throughout the United States and abroad.
F. AVAILABILITY OF FORMS
Any forms prepared in accordance with these regulations shall be
available upon request made in person or by writing to the Board. If the Board
amends any such forms, the Board staff shall mail a copy of each such amended
form to all individuals whose applications are pending and are affected by such
amendment.
SECTION
III APPLICATION FOR REGISTRATION
A. SUBMISSION OF APPLICANTS
Every individual seeking a registration shall submit an
application to the Board, accompanied by a photograph and the filing fee
established in Section
III C.
B. SUPPLEMENTAL MATERIAL
Material submitted to supplement any previously filed application
must include copies of the originally submitted application and all material
filed with that application.
C.
FILING FEES
Every applicant shall include with his/her application a
nonrefundable filing fee determined in accordance with the schedule set forth
as follows:
|
Application for examination and
registration............ |
$250.00 |
|
Application for reciprocal
registration........... |
$250.00 |
|
Application for registration of Certificate of
Authorization....................... |
$250.00 |
|
Renewal of individual certificate (in
state) |
$100.00 |
|
Renewal of individual certificate (out of
state) |
$120.00 |
|
Renewal of Application of Certificate of
Authorization.......................
|
$250.00 |
|
Emeritus
License................... |
$ 20.00 |
|
Late payment fee............ |
$50.00 |
|
per month; not to exceed $250.00 in a
year |
A.
REGISTRATION STANDARDS
1. To be granted
registration, an applicant must;
a. Be of good
moral character, as verified by employers and registered architects.
b.
After January 1,1978, hold a
professional degree in architecture from a degree program that has been
accredited by NAAB not later than two years after termination of enrollment; If
prior to January 1,1978, must have 12.5 years of combined education and
experience until January 1,1978.
c. Have satisfied the IDP requirements in
accordance with current NCARB standards. IDP requirements are waived for
applicants who have received NCARB certification prior to July 1984 or have
been NCARB certified and actively practiced architecture for three years or
more.
d. Have passed the
Examination.
e.
Completed an
affidavit supplied by the Board attesting to have read and understood the
Arkansas Architectural Act and Rules and Regulations.
f.
Successfully passed the
jurisprudence test on the Arkansas Architectural Act and Rules and Regulations
of the Board.
2.
In evaluating records, the Board shall apply the current education and training
standards, except that an applicant who qualified under the standards current
at the time of his/her application shall be evaluated by those
standards.
3. In evaluating
records, the Board may, prior to granting a registration, require
substantiation of the quality and character of the applicant's experience,
notwithstanding the fact that the applicant has complied with the technical
registration requirements set forth above.
SECTION IV CONTINUING EDUCATION
A. PURPOSE
These rules provide for a continuing education program to insure
that all registered architects remain informed of those technical and
professional subjects, which the Board deems appropriate to safeguard life,
health, and promote the public welfare. Statutory Authority: Code of Arkansas
1995, Act 784
B. POLICY AND
ADMINISTRATION
A Continuing Education Committee shall consist of all members of
the Arkansas State Board of Architects. The Committee shall have the following
duties:
1. To exercise general
supervisory authority over the administration of these rules.
2. To establish regulations consistent with
these rules.
3. To organize
sub-committees and delegate executive authority.
4.
To exercise final authority with
respect to accepting or rejecting continuing education activities for
credit.
C. SCOPE
AND EXEMPTIONS
1. Scope: These rules shall
apply to every Arkansas registered architect as a condition for renewal of
registration on an annual basis.
2.
EXEMPTIONS: A registrant may be exempt from participating in the continuing
education program required by these rules for one of the following reasons:
a. A first time new registrant by examination
or first time reciprocal registrant shall be exempt for his/her first renewal
period.
b.
Registrant is an
emeritus status architect, as defined in Section
I D.
c. Registrant is a civilian who serves on
active duty in the Armed Forces of the United States for a period of time
exceeding ninety (90) consecutive days during the annual report
period.
d. Registrants of another
NCARB jurisdiction with either a mandated or voluntary program, provided that
same jurisdiction accepts Arkansas continuing education requirements as
satisfying their continuing education requirement, and the registrant certifies
by affidavit and annual report that all requirements of that jurisdiction for
current continuing education compliance and registration have been
met.
e. A Registrant experiencing
physical disability, illness or other extenuating circumstances may request
exemption from the continuing education requirements. The Registrant shall
provide supporting documentation for the Board's review. The Board on an
individual basis will consider such hardship cases. The request for a hardship
must be received in the Board office by June 1 of each year.
D. REQUIREMENTS
1. Each Arkansas registered architect shall
complete a minimum of twelve (12) continuing education hours each fiscal year,
beginning August 1, 1997. One continuing education hour(CEH) shall represent a
minimum of fifty (50) minutes of actual course time. No credit will be allowed
for introductory remarks, meals, breaks, or business/ administration matters
related to courses of study.
a.
Registrants shall complete a minimum of twelve (12) CEH's in structured course
study. Structured course study shall consist of participation in education
activities presented by individuals or groups qualified by professional,
practical, or academic experience to conduct courses of study. Structured
activities do not include reading magazine articles.
2. Topics for the twelve (12)
continuing education hours shall meet the following requirements:
a. Eight (8) CEH's (minimum) shall include
the study of relevant technical and professional architectural subjects related
to safeguarding life, health, property, and promoting public welfare.
b. Four (4) CEH's (maximum) may consist of
elective topics related to any other area in the practice or
architecture.
E.
ACCEPTANCE OF CONTINUING EDUCATION
HOURS1.
Continuing education
credits shall be measured in CEH and shall be computed as follows:
a.
Attending seminars, lectures,
presentations, workshops, or courses shall constitute one CEH for each fifty
(50) minutes of attendance.
b.
Successfully completing tutorials,
short courses, correspondence courses, televised or videotaped courses,
monographs and other self-study courses shall constitute the CEH recommended by
the program sponsor.
c.
Teaching or instructing a qualified seminar, lecture, presentation, or
workshop shall constitute two (2) CEH for each contact hour spent in the actual
first time presentation. Teaching credit shall be valid for teaching a seminar
or course in its initial presentation only. TEACHING CREDIT SHALL NOT APPLY TO
FULL-TIME FACULTY AT A COLLEGE, UNIVERSITY, OR OTHER EDUCATIONAL
INSTITUTION.
d.
Successfully completing one or more college or university semester or
quarter hours in architectural subjects shall satisfy the continuing education
hours for the year in which the course was completed.
2.
Any structured program in
health, safety, and welfare contained in the record of an approved professional
registry will be accepted by the board as fulfilling the continuing education
requirements of these rules. The board approves the American Institute of
Architects as a professional registry, and contact hours listed in structured
health, safety, and welfare in the American Institute of Architects Continuing
Education Services (AIA/CES) Transcript of Continuing Education Activities will
be accepted by the board for both resident and non-resident architects. The
Registrant shall provide individual participant documentation from a person
other than the participant for record keeping and reporting.
3. Each registrant at renewal of registration
time shall submit an affidavit attesting to the registrants fulfillment of
continuing education requirements during the preceding period of one fiscal
year ending July 31. No carry-over of continuing education hours from previous
year is permitted. Affidavits with an accompanying report concerning
registrant's methods of completion of requirements shall be submitted on a form
provided by the Committee.
4. Any
untrue or false statement or the use thereof with respect to course attendance
or any other aspect of continuing education activity is fraud or
misrepresentation and will subject the architect and/or program sponsor to
license revocation or other disciplinary action.
F. AUDITS
1. Each affidavit shall be reviewed by the
Committee and may be subject to audit for verification of compliance with
requirements. Registrants shall retain proof of fulfillment of requirements for
a period of one (1) year after submission in the event the Registrant is
selected for audit.
2. The
Committee may, upon audit for verification of compliance, disallow claimed
credit for continuing education hours. The registrant shall have ninety (90)
calendar days after notification of disallowance of credits to substantiate the
original claim or earn other CEH credit, which fulfills minimum requirements.
If the Board determines that the information supplied on the continuing
education report form is false or misleading, the architect may be subject to
disciplinary action.
G.
NONCOMPLIANCE AND SANCTIONS
Failure to fulfill the continuing education requirements,
or file the annual report, properly completed and signed, by July 31 shall
result in a penalty of $250.00 in addition to the renewal fee and late payment
fees. At the discretion of the Board, a temporary renewal of license may be
issued for up to ninety(90) days. Documentation of completion of continuing
education credits shall be submitted to the Board within the ninety (90) day
period. Failure to comply with the Continuing Education requirements may result
in revocation of your license.
SECTION V RECIPROCAL REGISTRATION
A. INFORMATION REQUIRED
1. Application accompanied by NCARB
Certificate evidencing that qualifications for original registration are
equivalent to those required in Arkansas on the date of original
registration.
2. Before
registration, Board may, at its discretion require individual applicants to
appear before Board when record does not clearly indicate the applicant is
qualified for registration in Arkansas.
B. REGISTRATION PROHIBITED
One or more of the following acts shall be sufficient to prevent
applicant from being considered for registration and license.
1. Practicing architecture without
registration or license in a state, territory, district or zone of U.S. in
violation of a law governing such practice.
2. Conviction of a felony, subject to
Arkansas Act 280 of 1973.
3.
Submitting a misstatement or misrepresentation of fact in connection with an
application for examination registration.
4. Committing an act prohibited by a
provision of the Arkansas Architectural Act or the Rule and Regulations of this
Board in effect at that time.
SECTION VI EXAMINATION
A.
GENERAL
Applicants for registration by examination must submit to
and pass the Architect Registration Examination as outlined below. All such
applicants must be 21 years of age and must have been approved as a candidate
for the examination by the Board. A pre-requisite for making application to the
Architect Registration Examination is completing the Intern Development Program
Training Requirement, in accordance with the IDP guidelines developed under the
auspices of the National Council of Architectural Registration Boards (NCARB)
and the American Institute of Architects and administered by the
NCARB.
B.
APPLICATIONS
The Board shall consider the application packet for the exam if
the following items are contained therein:
(1) the completed Arkansas application form;
and
(2) an NCARB Council Record
documenting the following:
a. A professional
degree in architecture from a school or college of Architecture on the list of
accredited schools issued by the National Architecture Accrediting Board
(NAAB); and
b. Completion of the
Intern Development Program (IDP) Training Requirement, or satisfaction of the
Canadian Intern Program; and
(3) The Board reserves the right an any time
to require that an applicant produce substantiation for all or any part of the
verified record of experience which he/she asserts as been attained. The board
may, prior to admission to the examination, require substantiation of the
quality and character of the training notwithstanding that fact that the
applicant has complied with the technical training requirements set forth
herein;
C. FORMAT
The Board will select a test vendor who will administer the
A.R.E. as prepared by NCARB. The test will be administered to all candidates
who have been approved by the Board in accordance with the training and
education, requirements pertaining to registration by examination. The
examination will be administered in compliance with those methods and
procedures recommended by NCARB and adopted by the Board.
D. SCHEDULES
Examinations will be administered in compliance with NCARB
Guidelines to approved candidates only. The NCARB Data Center will send
candidates information on the procedure for scheduling a test session, the test
content, and instructions on taking the computer based examination after it
receives the candidate eligibility notification from the Board.
E. REPORTING
Approved candidates shall appear personally for exams at the
designated date, time and place, as specified by the Test Vendor.
F. GRADING
The Architect Registration Examination shall be graded in
accordance with the methods and procedures recommended by the NCARB. In order
for an examination candidate to achieve registration, all sections of the
examination must be passed with the minimum score specified by the
NCARB.
G. CONDITIONS
The Test Vendor will monitor the computer exam in strict
compliance with the procedures approved by the NCARB.
H. RE-EXAMINATION
A candidate is allowed unlimited retakes of the A.R.E.
I. SCORE REPORTING AND REVIEWS
Once the scores are released, the Board will advise each
candidate of his/her score. A score of PASS must be achieved by the exam
candidate on all divisions of the A.R.E. in order for that candidate to be
considered for initial registration.
J. FEES
Each examination candidate shall pay a $50.00 one-time
application fee to the Board. The examination fees for each division of the
A.R.E. will be established by NCARB and paid directly to the test vendor by the
candidate.
K. DISABLED
EXAMINEES
Requests for modifications to the examination to accommodate
physical or other disabilities must be made in writing to the Board. A
physician's report must accompany such a request by a diagnostic specialist,
along with supporting data, confirming to the Board's satisfaction, the nature
and extent of the disability. After receipt of the request from the applicant,
the Board may require that the applicant supply further information and/or that
the applicant appears personally before the Board. It shall be the
responsibility of the applicant to timely supply all further information as the
Board may require. The Board shall send their recommendations for modifications
to NCARB for a final determination. NCARB has the final authority with regard
to any modifications for the examination.
SECTION VII REGISTRATION
A. ISSUANCE
A Certificate of Registration shall be issued to
individuals meeting all requirements of the Act and Rules of the Board. The
certificate shall bear the name and registration number of the architect. Every
architect certified by NCARB, but unlicensed in Arkansas, shall apply to the
Board for licensing within thirty (30) days after notification of selection
(whether notified orally or in writing) as the Architect by the client/owner.
Such architect shall be licensed in Arkansas prior to signing a contract or
engaging in the practice of architecture, as defined by the Act.
B. DURATION
Certificates of registration shall expire on July 31 of each year
and shall become invalid on August 1 unless renewed. Renewal may
be effected at any time during the month of July by payment of the renewal fee
as provided in SECTION VII, C.
C. RENEWAL
Certificates of registration for individuals and
corporations which have been revoked due to non-payment of the annual renewal
fee, may be reinstated through the payment of a fee, which is the annual
renewal fee in effect at the time plus a penalty of fifty ($50.00) per month
for the first three (3) months the certificates have been revoked.
Thereafter, an additional penalty of one hundred dollars ($100.00) for
the balance of one (1) year for a maximum of two hundred fifty dollars
($250.00).
D. NOT
TRANSFERABLE
A registration shall not be transferable.
D. REVOCATION, SUSPENSION, CANCELLATION OR
NONRENEWAL OF REGISTRATION
(a)
Upon
notice of the Board, certificates of registration suspended, revoked, or
refused by the Board to renew for cause, as defined in (b) of this Section,
shall be surrendered immediately in the manner prescribed by that
notice.
(b)
Cause
defined. Cause shall be defined as any violation of the Arkansas Architectural
Act and/or the Board's current Rules and Regulations. Cause shall also be
defined as not meeting the continuing education requirements, suspension or
revocation of a license, or NCARB withdrawing the certification of the
individual Registrant.
E.
EMERITUS REGISTRATION
REQUIRED
Registrants, who are retired from the active practice of
architecture who are 65 years of age or older, may request emeritus status by
filing the application showing compliance with this Section. Emeritus status
licensees are exempt from continuing education requirements unless they
reactivate their license to active status in accordance with Section G of this
Section.
F.
EMERITUS READMISSION TO ACTIVE PRACTICE
(a)
Emeritus persons may be readmitted
to the active practice upon proper application and completion of twenty-four
(24) hours of continuing education hours. For individuals who have been on
emeritus status for one year, they must complete twelve (12) hours of
continuing education hours.
(b)
Fees required. An emeritus licensee
seeking readmission to active practice shall pay all applicable fees, not to
exceed the current license fees.
G.
REISSUANCE
(a)
An individual whose license has
lapsed due to nonpayment of fees and/or failure to comply with continuing
education requirements may be renewed, at any time within three (3) years, from
the date of cancellation of the license. Prior to reinstatement of the license,
the individual must show compliance with the Act and the Board's current Rules
and make payment to the Board the fees, which would have been accrued since the
time of cancellation and which would have been paid at the time of
reinstatement, together with the amount of penalties outlined in Section
VII C.
(b)
Registrants who have allowed their
registration to lapse for a period of three (3) or more years must re-apply
through the means of which the initial license was granted.
(c)
The examining body, for reasons it
may deem sufficient, may reissue a certificate of registration to any person
whose certificate has lapsed or has been suspended or revoked, providing that
no charges of violation of this act are pending in any court of record in this
state and that three (3) or more members of the examining body vote in favor of
reissuance.
SECTION
VIII ORGANIZATIONAL PRACTICE
A.
PERMISSION TO PRACTICE ARCHITECTURE IN CORPORATE OR PARTNERSHIP FORM
1. Any corporation (which term as used herein
shall include any professional corporation) and any partnership, whether
organized under the laws of this or any other jurisdiction, may not offer to
engage in or engage in the practice of architecture in the State of Arkansas
until such corporation or partnership has obtained a certificate of
authorization issued by the Board and shall be valid until December
31st.
2.
The Board shall issue a certificate of authorization to a corporation,
partnership, or limited liability association upon receipt of the materials
listed below, and upon ascertaining that the conditions set forth in Arkansas
Act 270 have been met.
a. An application on a
form approved by the Board.
(1) In case of a
corporation, the application shall be signed by the corporation president and
secretary, and shall include the following information: the jurisdiction under
which such corporation is organized, the name and resident addresses, and
states of registration and registration numbers or each director; and the
identity of each director engaging in the practice of architecture in
Arkansas
(2) In the case of a
partnership, the application shall be signed by a general partner who is a
registered architect, and shall include the following information: the
jurisdiction under which such partnership is organized; the name and resident
addresses, and states or registration and registration numbers of each general
partner; and the identity of each general partner engaging in the practice of
architecture in Arkansas
b. In the case of a corporation, a copy of
the corporation's articles of incorporation or similar charter document
certified by the secretary of state of the jurisdiction on which the
corporation is organized; provided however, that, subject to SECTION
VIII, A., 3., articles of
organization need not be re-submitted if the corporation is seeking renewal of
a certificate of authorization
c. A
fee of Two Hundred and Fifty dollars ($250.00)
3. If any change occurs in any of the
information provided to the Board pursuant to SECTION VIII, A., 2., a., b.,
during the period for which certificate of authorization is granted, such
change shall be reported to the board within thirty (30) days after the
effective date of such change.
4.
The Board may revoke, suspend, or cancel a certificate of authorization granted
pursuant to SECTION
VIII if any officer, director or
employee of a corporation or any general partner or employee of a partnership
violates any provision of Arkansas Act 270, "Arkansas Architectural Act" or
these regulations; provided, however, that it shall be an affirmative defense
to show that such individual as not acting as an agent of the corporation or
the partnership at the time such violation occurred.
B. DESIGN AND USE OF ARCHITECTS SEAL
Pursuant to Arkansas Act 270, known as the "Arkansas
Architectural Act" and subject to SECTION
VII, A., and SECTION
VIII, A., 2., each registered
architect shall procure a seal which shall contain the name of the registered
architect; license registration number; and the words:
"REGISTERED ARCHITECT - ARKANSAS"
This seal shall comply in all respects in size and format with
the description of the design requirements as set forth below:
C. SEAL DESIGN REQUIREMENTS
1. Design - metal impression, rubber stamp or
printed, 2 concentric circles 1 1/2" and 1" diameter. Space between bearing
words "Registered Architect" and "Arkansas". Space within inner circle bearing
names and registration numbers as follows:
a.
For a registered corporation, the corporation name and registered
number.
b.
For a
partnership, the partnership name and registration numbers of
partners.
c.
Individual - name and registration number.
2. Any method that legibly reproduces the
architect's seal is permitted.
(INSERT SEAL)
D. USE OF ARCHITECT SEAL
(a)
Architects shall affix their seal,
actual signature, and date of affixation to all original contract documents,
including index sheets identifying all drawings covered, cover and index pages
identifying all specifications pages covered. Presentation documents
(renderings, drawings used to communicate conceptual information only) are not
required to be sealed, signed, or dated.
(b)
Contract documents considered
incomplete by the architect may be released for interim review without the
architect's seal or signature affixed, but shall bear the architect's name and
be conspicuously marked to clearly indicate the documents are for interim
review and not intended for bidding, permit, or construction
purposes.
(c)
Those
sheets or pages prepared by consultants (structural, mechanical, electrical,
etc.) retained by the architect shall bear the seal and registration number of
the consultant responsible therefor.
(d) Once documents bearing the architect's
seal are issued from the architect's office, the seal shall not be removed
except as follows: If the architect's client requests electronic drawing files
that would be used as reference documents, the following statement shall be
substituted for the seal: THE RECORD COPY OF THIS DRAWING IS ON FILE AT THE
OFFICES OF (NAME OF FIRM), (ADDRESS OF FIRM). THIS ELECTRONIC DOCUMENT IS
RELEASED FOR THE PURPOSES OF REFERENCE, COORDINATION, AND/OR FACILITY
MANAGEMENT. THIS ELECTRONIC DOCUMENT OR MODIFICATIONS THEREOF SHALL NOT BE USED
FOR CONSTRUCTION.
(e) Nothing
precludes the use of prototypical documents provided the architect:
(1) Has written permission to revise and
adapt the prototypical documents from the person who either sealed the
prototypical documents or is the legal owner of the prototypical documents. The
term "legal owner" shall mean the person who provides the architect with a
letter that he or she is the owner of the documents and has the written
permission to allow the use thereof; and
(2) Has reviewed the prototypical documents
and made necessary revisions to bring the design documents into compliance with
applicable codes, regulations, and job specific requirements; and
(3) Has independently performed and maintains
on file necessary calculations; and
(4) After reviewing, analyzing, and making
revisions and/or additions, has issued the documents with the architect's title
block and seal. By applying the seal, the architect assumes professional
responsibility as the architect of record; and
(5) The seal and name of the architect who
originally developed the prototypical documents may remain on the construction
documents, provided the original architect is licensed in the State of Arkansas
and provided the original architect who prepared the prototypical documents
agrees, in writing, to the use of the documents for the construction project by
a second architect. The original architect assumes the professional
responsibility for the content of the prototypical documents.
(6) maintains design control over the use of
site adapted documents just as if they were the original design.
(f) The term "prototypical
documents" shall mean model documents of buildings that are intended to be
built in several locations with substantially few changes and/or additions
except those required to adapt the documents to each particular site.
(g)
Except as noted in Section (e), no
architect shall affix the seal and signature to contract documents developed by
others.
(h)
No person,
other than the architect represented, shall use or attempt to use the
prescribed seal or shall modify documents bearing such seal, without first
obtaining the written authority of the architect represented, and clearly
indicating on the documents the extent of the modifications
made.
(i)
On original
documents, the use of signature reproductions such as rubber stamps or computer
generated signatures or other facsimiles shall be permitted.
(j)
If, in the course of his or her
work on a project, an architect becomes aware of a course of action taken
against the architect's advise, which may violate applicable state or local
building laws and regulations and which will, in the architect's judgment,
materially affect adversely the safety to the public of the finished project,
the architect shall:(1)
report
the course of action in writing to the owner, to the local building officials,
and to other responsible parties; and
(2)
refuse to consent to the course of
action.
(k)
Authorized use of the prescribed seal is an individual act whereby the
architect must personally inscribe the seal. The architect is responsible for
its security when not in use.
E. UNAUTHORIZED USE OF ARCHITECT'S SEAL
1. Registered architects whose seal appears
on drawings or specifications prepared by persons who are not registered or not
under the architect's direct supervision will be deemed to have
aided or abetted in the practice of architecture a person not duly authorized
to practice architecture.
2.
Registered architects whose seal appears on drawings or specifications bearing
names of persons not so registered, unless they are identified as the Engineer
or Consultant, will be deemed to have aided or abetted in the practice of
architecture a person not duly authorized to practice architecture.
3. Registered architects whose seal appears
on drawings or specifications which unlicensed persons have contracted to
prepare or furnish will be deemed to have aided or abetted in the practice of
architecture a person not duly authorized to practice architecture.
F.
ARCHITECTS
CONSULTANTS
1.
The architect is
not required to seal and sign documents prepared and sealed by the licensed
consultants except when indexes and cover sheets contain certain description of
work performed by the architect as well as the architect's
consultants.
SECTION IX RULES OF PROFESSIONAL CONDUCT
A. COMPETENCE
1. In engaging in the practice of
architecture, a registered architect shall act with reasonable care and
competence, and shall apply the technical knowledge and skill, which are
ordinarily applied by registered architects of good standing, practicing in the
same locality.
2. In designing a
project, a registered architect shall endeavor to take into account all
applicable state and municipal building laws and regulations. While a
registered architect may rely on the advise of other professionals (e.g.
attorneys, engineers, and other qualified persons) as to the intent and meaning
of such regulations, once having obtained such advise a registered architect
shall not knowingly design a project in violation of such laws and
regulations.
3. A registered
architect shall undertake to perform professional services only when education,
training and experience in the specific technical areas involved qualify him or
her, together with those whom the registered architect may engage as
consultants.
4. No individual shall
be permitted to engage in the practice of architecture if, in the Board's
judgement, such individual's professional competence is substantially impaired
by physical or mental disabilities.
B. CONFLICT OF INTEREST
1. A registered architect shall not accept
compensation for services from more than one party on .a project unless the
circumstances are fully disclosed to and agreed to by all interested parties.
The disclosure and agreement shall be in writing.
2.
The architect shall fully disclose
in writing to the architect's employer or client any business association or
direct or indirect financial interest which could influence the architect's
judgment or decisions in connection with the architects' services. Should the
employer or client object to such association or financial interest, the
architect shall either terminate such association or interest or offer to give
up the commission or employment.
3.
An architect shall not solicit or
accept compensation in return for specifying or endorsing their products and
materials.
4.
When
acting as the interpreter of building contract documents and the judge of
contract performance, a registered architect shall render decisions
impartially, favoring neither party to the contract.
C. FULL DISCLOSURE
1. An architect, making public statements on
architectural questions, shall disclose when he or she is being compensated for
making such statements.
2. A
registered architect shall accurately represent to a prospective or existing
client or employer his or her qualifications and the scope of his or her
responsibility in connection with work for which he or she is claiming
credit.
3. A registered architect
shall not make a materially false statement or fail to disclose a material fact
requested in connection with his or her application for a registration or
renewal thereof.
4. A registered
architect shall not assist in the application for registration of an individual
known by the registered architect to be unqualified in respect to education,
training, experience or character.
5. A registered architect possessing
knowledge of a violation of the provisions set forth in SECTION IX, A. through
F. by another registered architect shall report such knowledge to the Board.
COMPLIANCE WITH LAWS
1.
A registered architect shall not knowingly violate any state or federal
criminal law relating to the practice of architecture.
2. An architect shall neither offer nor make
any payment or gift to a government official (whether elected or appointed)
with the intent of influencing the official's judgement in connection with a
prospective or existing project in which the registered architect is
interested.
3. An architect shall
comply with the registration laws and regulations governing his or her
professional practice in any United States jurisdiction.
D. PROFESSIONAL CONDUCT
1. Except as provided under Section
V lIl D (e), An architect shall
not sign or seal contract documents unless the documents were prepared by the
architect or under the architect's supervisory control; provided, however, that
in the case of portions of such contract documents prepared under the direct
supervision of another registered architect employed by the first architect (or
his or her firm), the architect may sign and seal those portions of the
contract documents if the architect has reviewed such portions and has
coordinated their preparation.
2.
An architect shall neither offer nor make any gifts, other than gifts of
nominal value (including, for example, reasonable entertainment and
hospitality), with the intent of influencing the judgment of an existing or
prospective client in connection with a project in which the registered
architect is interested.
3. An
architect shall not engage in conduct involving fraud or wanton disregard of
the rights of others.
E.
AMENDMENTS
1. If, following a hearing held in
accordance with the Arkansas Administrative Procedures Act, a registrant is
found guilty of fraud, deceit, gross negligence, incompetence, misconduct or
careless practice, the Board may revoke the license, suspend the license or
decline to renew the license of the registrant; or it may issue the registrant
a reprimand which will become a part of the registrant's permanent
record.
2. The Rules and
Regulations may be amended in accordance with the Arkansas Administrative
Procedure Act.
3. All former Rules
and Regulations of the State Board of Architects pertaining to procedure,
conduct and practice are hereby repealed.
SECTION I RULES UNDER THE ARKANSAS
ARCHITECTURAL ACT AND NOTICE-HEARINGS
A.
RULES UNDER THE PRACTICE ACT
This exposition of the Rules of Procedure formulated under the
Administrative Procedure Act, as amended ACA
25-15-201 et.
seq., does not effect a repeal of the provisions of the Act, its amendments and
related laws, except insofar as these Rules of Procedure were formulated under
provisions of law which specifically contravenes provisions of the Act, its
amendments and related laws.
B. NOTICE-HEARING
Any such rule shall be made or amended only after a hearing upon
notice as set forth in these Rules of Procedure.
SECTION II PRIOR RULES
PRIOR RULES-VALID
Rules of the Board formulated previously are declared to be still
in force until amended and certified to the Arkansas Register.
SECTION III RULE MAKING
In any case of rule making, every person has a right to seek to
cause the Board to act to make a rule. Every person also has the right to seek
to cause an incorrect rule to be corrected.
SECTION IV VIOLATION OF RULES
Willful violation of any rule of the Board, in addition to any
other penalty provided by law, shall subject the violator to such denial,
suspension and/or revocation of approval of a license to practice architecture
as may be applicable.
SECTION
V ORDER
A. ORDER - EFFECTIVE ONLY
IN WRITING
Orders of the Board shall be effective only when in
writing.
B. EFFECTIVE DATE
Each order shall contain in effective date and shall concisely
state:
1. Its intent or
purpose;
2. The grounds on which it
is based;
3. The pertinent
provision of law.
C.
ORDER MAY BE EFFECTUATED
An order may be given by service upon or delivery to the person
ordered by mail, postage prepaid, addressed to the person at his principal
place of business or his home as last of record with the Board. An order may
also be served by any officer authorized to serve legal process or by any
member of the Board or any employee of the Board. An attempt to serve notice at
the last address of record in the Board office shall constitute official
notice.
D. ORDER FORMULATED
UPON ADJUDICATION
There shall be an order formulated upon each adjudication made by
the Board or its hearing officer.
SECTION VI DECLARATORY ORDER - RULES
A. DECLARATORY ORDER - PETITION FOR
Any person who alleges a rule, or its possible application, may
injure or threaten to injure him, his business or property may file a petition
for a declaratory order as to the applicability of any rule to be enforced by
the Board.
B. PROMPT
DISPOSITION
Such petition shall be promptly considered and a prompt
disposition shall be made.
C. STATUS
Declaratory orders shall have the same status as agency orders
formulated upon adjudication.
SECTION VIII ADJUDICATION
A. REASONABLE NOTICE
All parties shall be afforded opportunity for hearing after
reasonable notice. (See Section
XI, subsection B.2. (b)(3.).
infra.)
B. EVIDENCE MAY BE
PRESENTED
Opportunity shall be afforded all people interested in the action
to respond and present evidence and argument on all issues involved.
C. STIPULATION/SETTLEMENT/CONSENT
OR DEFAULT NOT PROHIBITED
Nothing in these rules shall prohibit informal disposition by
stipulation, settlement, consent order or default.
D. RECORD
The record shall include:
1. All pleadings, motions, and intermediate
rulings;
2. All evidence received
or considered, including on request of any party a transcript of all
proceedings or any part;
3. A
statement of matters officially noticed;
4. Offers of proof, objections and
rulings;
5. Proposed findings and
exceptions;
6. All staff memoranda
or data submitted to the hearing officer in connection with any staff
consideration of the matter.
E. FINDINGS OF FACT
Findings of fact shall be based exclusively on the evidence
received and on matters officially noticed.
SECTION IX ADJUDICAITON - DECISIONS
A. FINAL DECISION
In every case of adjudication there shall be a final decision, or
order, which shall be in writing (or stated in the record).
1. The final decision shall include findings
of fact and conclusions of law each separately stated.
2. The findings of fact, if set forth in
statutory language, shall be accompanied by a concise and explicit statement of
the underlying evidence supporting the . findings.
3. If any party submitted proposed findings
of fact, the decision shall include a ruling upon each proposed
finding.
B. SERVICE OF
COPY - DECISION
Parties shall be served either personally or by mail with a copy
of any decision or orders.
C. EXEMPTION
Where a formal hearing before a hearing officer has been held at
which the parties were given proper notice and at which opportunity was offered
to them to be present in person and by counsel to present testimony, briefs and
argument, a proposal for decision will not be required.
SECTION X HEARING OFFICER
Where convenient and appropriate, a hearing officer may be
appointed to take testimony and prepare the record for the consideration of the
Board. The hearing officer may conduct hearings at any place within the State
of Arkansas. In the conduct of such hearings the hearing officer shall preside
and have the power and duties of a presiding official as set forth in SECTION
X, D. The decision on the record made by the hearing officer shall be made by a
majority of the members of the Board.
A. HEARINGS
In every case of adjudication, and in cases of rule making where
rules are to be made after hearing, there shall be a hearing.
B. RIGHT OF COUNSEL
Any person compelled to appear before the Board or a hearing
officer shall have the right to counsel.
C. IMPARTIALITY
Every member of the Board present shall conduct her/himself in an
impartial manner and the presiding official may withdraw if she/he deems
her/himself disqualified. Any party may file an affidavit of personal bias or
disqualification which shall be ruled upon by the Board and granted if it is
timely, sufficient and filed in good faith.
D. POWER AND DUTIES OF PRESIDING OFFICIAL The
presiding officer of the hearing shall have power to:
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.
Make or recommend decisions;
6.
Generally, to regulate and guide the course of the proceedings.
E. BURDEN OF PROOF
The proponent of a rule or order shall have burden of
proof.
F. EVIDENCE EXCLUDED
Irrelevant, immaterial and unduly repetitious evidence shall be
excluded.
G. EVIDENCE
ADMITTED
Any other evidence, oral or documentary, not privileged, may be
received if it is of a type commonly relied upon by reasonable prudent
individuals in the conduct of their affairs.
H. OBJECTIONS
Objections to evidence may be made and shall be noted of
record.
I. 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.
J. CROSS
EXAMINATION
Parties shall have the right to conduct such cross-examination as
may be required for a full, true disclosure of the facts.
K. OFFICIAL NOTICE
Official notice may be taken of judicially recognizable facts and
of generally recognized technical or scientific facts peculiarly within the
Board's specialized knowledge.
1.
Parties shall be notified of material so noticed (including any staff memoranda
or data).
2. Parties shall be
afforded a reasonable opportunity to show the contrary.
SECTION XI PROCEDURE ON DENIAL,
SUSPENSION OR REVOCATION
A. GROUNDS FOR
DISCIPLINE
The Board shall have sole authority over architects to deny or
suspend any license to practice issued by the Board or applied for in
accordance with the provisions of the Act, or to otherwise discipline a
licensee upon the following determination:
1. That the holder of the registration or
certificate of license is practicing in violation of this chapter or of the
proper rules and regulations of the examining body governing this
chapter;
2. That the license or
certificate has been obtained by fraud or misrepresentation or the person named
therein has obtained it by fraud or misrepresentation;
3. That any money, except the regular fees
provided for, have been paid for the license or certificate;
4. That the holder of the license or
certificate is falsely impersonating a practitioner or former practitioner of a
like or different name or is practicing under an assumed or fictitious
name;
5. That the holder of the
license or certificate has been guilty of a felony;
6. That the holder of the license or
certificate has aided or abetted, in the practice of architecture, any person
not duly authorized to practice architecture under the provisions of this
chapter;
7. That the holder of the
license or certificate has been guilty of fraud or deceit or of gross
negligence or misconduct in the practice of architecture;
8. That the holder of the certificate has
been guilty of gross incompetence or recklessness in the designing or
construction of buildings;
9. That
the holder of the license or certificate affixed, or permitted to be affixed,
his/her seal or name to any plans, specifications, drawings or related
documents which were not prepared by him/her or under his/her responsible
supervisory control;
10. That the
holder of the license or certificate has been adjudged mentally incapable by a
court of competent jurisdiction.
B. PROCEEDINGS
Proceedings shall be as follows:
1. Opportunity for licensee or applicant to
have hearing. Every licensee or applicant for a licensee shall be afforded
notice and an opportunity to be heard before the Board. The Board shall have
authority to take any action the effect of which would be to:
a. Deny permission to take an examination for
licensing for which application has been duly made;
b. Deny a license after examination for any
cause other than failure to pass an examination;
c. Withhold the renewal of a license for any
cause;
d. Suspend a
license;
e. . Revoke a
license.
2. Notice of
action or contemplated action by the Board -Requests for Hearing - Notice of
Hearing
a. When the Board contemplates taking
any action of a type specified in paragraphs a. and b. of subsection B.1.
supra, it shall give written notice to the applicant including a statement:
(1) That the applicant has failed to satisfy
the Board of his or her qualifications to be examined or to be licensed, as the
case may be;
(2) Indicating in what
respects the applicant has failed to satisfy the Board; and
(3) That the applicant may secure a hearing
before the Board by depositing in the mail within twenty (20) days after
service of said notice, a registered letter addressed to the Board containing a
request for a hearing. In any proceedings of the Board involving the denial of
a duly made application to take an examination, or refusal to issue to license
after an applicant has taken and passed an examination, the burden of
satisfying the Board of the applicant's qualifications shall be upon the
applicant.
b. When the
Board contemplates taking any action of a type specified in subsection c, d,
and e of subsection B, 1, supra, it shall give a written notice to the licensee
through the Board's attorney, which contains a statement:
(1) That the Board has sufficient evidence
which, is not rebutted or explained, will justify the Board in taking the
contemplated action;
(2) Indicating
the general nature of the evidence, and detailed allegations of violation of
ACA
17-15-308
the licensee is charged with;
(3)
That a hearing will be held on a date certain, no sooner than twenty (20) days
after the mailing of the notice, and at that hearing the Board will receive
evidence.
c. When the
Board shall summarily suspend a license pending a hearing as authorized in
subsection B.2 supra, it shall give written notice of a general nature of the
evidence and detailed allegations of violation of ACA
17-15-308
the licensee is charged with:
(1) That the
Board has sufficient evidence which, if not rebutted or explained, will justify
revocation of the license by the Board;
(2) Indicating the general nature of the
evidence against the license;
(3)
That, based on the evidence indicated, the Board has determined that the
continuation of practice of the occupation or profession of the licensee will
cause an immediate hazard to the public and has therefore suspended the license
of the licensee effective as of the date such notice is served;
(4) The Board will then set an immediate
hearing for a full evidentiary presentation by the licensee and the
Board.
d. In any hearing
before the Board involving the suspension or revocation of a license, the
burden shall be on the Board to present competent evidence to justify the
action take or proposed by the Board.
C. METHOD OF SERVING NOTICE OF HEARING
Any notice required by subsection B.2., above, may be served
either personally or by an officer authorized by law to serve process, or by
registered mail or certified mail, with return receipt requested, directed to
the licenses or applicant at his or her last known address as shown by the
records of the Board. If notice is served personally, it shall be deemed to
have been served at the time when the officer delivers the notice to the person
addressed. Where notice is served by registered mail, it shall be deemed to
have been served on the date borne by the return receipt showing delivery of
the notice to the addressee or refusal of the addressee to accept the notice.
An attempt to serve notice at the last address of record shall constitute
official notice.
D. VENUE
OF HEARING
Board hearings held under the provisions of this rule shall be
conducted at the Board office or elsewhere in Pulaski County. The hearings may
be held anywhere within Arkansas if the person whose license is involved and
the Board agree that the hearing should be held at some place outside Pulaski
County.
E. HEARINGS PUBLIC
Use of Hearing Office - All hearings under this section shall be
open to the public. At all such hearings at least a quorum of the Board shall
be present to hear and determine the matter.
F. RIGHTS OF PERSONS ENTITLED TO HEARING
A person entitled to be heard pursuant to this section shall have
the right to:
1. Be represented to
counsel;
2. Present all relevant
evidence by means of witnesses and books, and paper and documents;
3. Examine all opposing witnesses on any
matter relevant to the issues;
4.
Have subpoenas and subpoenas ducestecum issued to compel the attendance of
witnesses and the production of relevant books, papers and documents upon
making written request therefor to the Board; and
5. Have a transcript of the hearing made at
his or her own expense as provided in Section
VIII. D., hereof.
G. POWERS OF THE BOARD IN
CONNECTION WITH HEARING
In connection with any hearing held pursuant to the provisions of
this section, the Board or its hearing officer shall have power:
1. Have counsel to develop the
case;
2. Administer oaths to
develop the case;
3. Take
testimony;
4. Examine
Witnesses;
5. Have a transcript of
the hearing made at the expense of the Board; and
6. Direct a continuance of any
case.
H. RULES OF
EVIDENCE
In proceedings held pursuant to this rule, the Board may admit
any evidence and may give probative effect to evidence that is of a kind
commonly relied on by reasonably prudent men in the conduct of serious affairs.
The Board may in their discretion exclude incompetent, irrelevant, immaterial
and unduly repetitious evidence.
I. FEES-WITNESSES
Witness fees and mileage, if claimed, shall be allowed the same
as for testimony in a Circuit Court.
J. MANNER AND TIME OF RENDERING DECISION
After a hearing has been completed, the members of the Board
shall proceed to consider the case and as soon as practicable shall render
their decision. If the hearing was conducted by a hearing officer, the decision
shall be rendered by the Board at a meeting where a quorum of the members of
the Board are present and participating in the decision. In any case the
decision must be rendered within ninety (90) days after the hearings.
K. SERVICE OF WRITTEN DECISION
Within a reasonable time after the decision is rendered the Board
shall serve upon the person whose license is involved a written copy of the
decision, either personally or by registered mail. If the decision is sent
registered mail, it shall be deemed to have been served on the date borne on
the return receipt.
L.
CONTENTS OF DECISION
The decision of the Board shall contain:
1. Findings of fact made by the
Board.
2. Conclusions of law
reached by the Board;
3. The order
of the Board based upon these findings of fact and conclusions of law;
and
4. A statement informing the
person whose license is involved of his right to request a judicial review and
the time within which such request must be made.
M. JUDICIAL REVIEW
Judicial review of proceedings under this rule shall be governed
by the Administrative. Procedure Act or other applicable law.
SECTION XII JUDICIAL REVIEW .
1. SERVICE
Service shall be had by serving a copy of the petition upon the
Board and all other parties of record either by personal service or by
mail.
2. STAY OF ORDER
Filing of the petition shall not automatically stay enforcement
of the Board decision. The Board, upon it own action, or the reviewing court
may stay the order upon such terms as may be just.
SECTION XIV ENFORCEMENT
A. CIVIL ACTION
The Board may institute (civil) suit or other legal proceedings
as may be required for enforcement of any provisions of ACA
17-15-101, seq.,
as amended and related acts.
B. CRIMINAL ACTION
If the Board 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, it shall so inform the prosecuting attorney in
whose district any such purported violation may have occurred.
