Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Active
status. Certificates of licensure expire biennially on June 30. In
order to maintain authorization to practice in Iowa, a licensee is required to
renew the certificate of licensure prior to June 1 of the year of expiration.
However, the board will accept an otherwise sufficient renewal application that
is untimely if the board receives the application and late fee within 30 days
prior to the date of expiration. A licensee who fails to renew by the
expiration date is not authorized to practice architecture in Iowa until the
certificate is reinstated as provided in rule
193B-2.6 (544A,17A).
a. A licensee whose last name begins with the
letter A through K shall renew in even-numbered years, and a licensee whose
last name begins with the letter L through Z shall renew in odd-numbered years.
However, a license issued on or after May 1 but before June 30 will not expire
until June 30 of the next renewal. For example, a license issued on May 17,
2020, would not expire until June 30, 2022.
b. It is the policy of the board to send to
each licensee a notice of the pending expiration date at the licensee's
last-known address approximately one month prior to the date the certificate of
licensure is scheduled to expire. The notice, when provided, may be by email
communication or in the quarterly newsletter. Failure to receive this notice
does not relieve the licensee of the responsibility to timely renew the
certificate and pay the renewal fee. A licensee should contact the board office
if the licensee does not receive a renewal notice prior to the date of
expiration.
c. Upon the board's
receipt of a timely and sufficient renewal application as provided in
193-subrule 7.40(3), the board's administrator shall issue a new certificate of
licensure reflecting the next expiration date, unless grounds exist for denial
of the application.
d. If grounds
exist to deny a timely and sufficient application to renew, the board shall
send notification to the applicant. Grounds may exist to deny an application to
renew if, for instance, the licensee failed to satisfy the continuing education
as required as a condition for licensure. If the basis for denial is pending
disciplinary action or disciplinary investigation which is reasonably expected
to culminate in disciplinary action, the board shall proceed as provided in
193-Chapter 7. If the basis for denial is not related to a pending or imminent
disciplinary action, the applicant may contest the board's decision as provided
in 193-subrule 7.40(1).
e. When a
licensee appears to be in violation of mandatory continuing education
requirements, the board may, in lieu of proceeding to a contested case hearing
on the denial of a renewal application as provided in rule
193-7.40 (546,272C), and after
or in lieu of giving the licensee an opportunity to come into compliance under
193B-subrule 3.3(3), offer a licensee the opportunity to sign a consent order.
While the terms of the consent order will be tailored to the specific
circumstances at issue, the consent order will typically impose a penalty
between $50 and $250, depending on the severity of the violation; establish
deadlines for compliance; and require that the licensee complete hours equal to
double the deficiency in addition to the required hours; and may impose
additional educational requirements on the licensee. Any additional hours
completed in compliance with the consent order cannot again be claimed at the
next renewal. The board will address subsequent offenses on a case-by-case
basis. A licensee is free to accept or reject the offer. If the offer of
settlement is accepted, the licensee will be issued a renewed certificate of
licensure and will be subject to disciplinary action if the terms of the
consent order are not complied with. If the offer of settlement is rejected,
the matter will be set for hearing, if timely requested by the applicant
pursuant to 193-subrule 7.40(1).
f.
The board may notify a licensee whose certificate of licensure has expired. The
failure of the board to provide this courtesy notification or the failure of
the licensee to receive the notification shall not extend the date of
expiration.
g. A licensee who
continues to practice architecture in Iowa after the license has expired shall
be subject to disciplinary action. Such unauthorized activity may also be
grounds to deny a licensee's application for reinstatement.
(2)
Inactive
status. This subrule establishes a procedure under which a person
issued a certificate of licensure as an architect may apply to the board to be
licensed as inactive. Licensure under this subrule is available to a
certificate holder residing within or outside the state of Iowa who is not
engaged in Iowa in any practice for which a certificate of licensure as an
architect is required. A person eligible to be licensed as inactive may, as an
alternative to such licensure, allow the certificate of licensure to lapse.
During any period of inactive status, a person shall not use
the title "architect" or any other title that might imply that the person is
offering services as an architect by such an action in violation of Iowa Code
section
544A.15.
The board will continue to maintain a data base of persons licensed as
inactive, including information which is not routinely maintained after a
certificate has lapsed through the person's failure to renew. A person who is
licensed as inactive will accordingly receive renewal applications, board
newsletters and other mass communications from the board.
a.
Affirmation. The renewal
application form shall contain a statement in which the applicant affirms that
the applicant will not engage in any of the practices in Iowa that are listed
in Iowa Code section
544A.16 without first
complying with all rules governing reinstatement to active status. A person in
inactive status may reinstate to active status at any time pursuant to rule
193B-2.7 (544A).
b.
Renewal. A person
licensed as inactive may renew the person's certificate of licensure on the
biennial schedule described in this rule. This person shall be exempt from the
continuing education requirements and will be charged a reduced renewal fee as
provided in 193B-2.10 (544A,17A). An
inactive certificate of licensure shall lapse if not timely renewed. However,
the board will accept an otherwise sufficient renewal application that is
untimely if the board receives the application and late fee within 30 days of
the date prior to expiration.
c.
Permitted practices. A person may, while licensed as inactive,
perform for a client, business, employer, government body, or other entity
those services which may lawfully be provided by a person to whom a certificate
of licensure has never been issued. Such services may be performed as long as
the person does not in connection with such services use the title "architect"
or any other title restricted for use only by architects pursuant to Iowa Code
section
544A.15
(with or without additional designations such as "inactive" or "retired").
Restricted titles may be used only by active architects who are subject to
continuing education requirements to ensure that the use of such titles is
consistently associated with the maintenance of competency through continuing
education.
d.
Prohibited
practices. A person who, while licensed as inactive, engages in any of
the practices described in Iowa Code sections
544A.15
and
544A.16 is subject to
disciplinary action.
(3)
Retired status. A person who held a license as an architect
and who does not reasonably expect to return to the workforce in any capacity
for which a certificate of licensure is required due to bona fide retirement or
disability may apply to the board for retired status and, if granted, may use
the title "architect retired" in the context of non-income-producing personal
activities. If the board determines an applicant is eligible, the retired
status would become effective on the first scheduled license renewal date.
Applicants do not need to reinstate an expired license to be eligible for
retired status. Applicants may apply for retired status on forms provided by
the board. The board will not provide a refund of biennial license fees if an
application for retired status is granted in a biennium in which the applicant
has previously paid the biennial fees for either active or inactive status.
Persons licensed in retired status are exempt from the renewal requirement.
a.
Affirmation. The retired
status application form shall contain a statement in which the applicant
affirms that the applicant will not engage in any of the practices in Iowa that
are listed in Iowa Code section
544A.16 without first
complying with all rules governing reinstatement to active status. A person in
retired status may reinstate to active status at any time pursuant to rule
193B-2.7 (544A).
b.
Permitted practices.
Persons licensed in retired status may engage in the practices identified in
paragraph 2.5(2)"c." Such persons may also provide services as
technical experts before a court, including prelitigation preparation,
discovery, and testimony, on matters directly related to architectural services
provided by such persons prior to being licensed with the board in retired
status.
c.
Exemption. A person whose license as an architect has been
placed on probation, suspended, revoked, or voluntarily surrendered in
connection with a disciplinary investigation or proceeding shall not be
eligible for retired status unless, upon appropriate application, the board
first reinstates the license to good standing.
