New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 44 - LANDSCAPE ARCHITECTS
Part 1 - GENERAL PROVISIONS
Section 16.44.1.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
As used in these regulations, the following words and phrases have the following meanings unless the context or intent clearly indicates a different meaning.
A. "Accredited" means accreditation by the landscape architectural accreditation board (LAAB) or a recognized equivalent accrediting agency.
B. "Act" means the Landscape Architects Act, Sections 61-24B-1 through 61-24B-17 NMSA 1978.
C. "Administrator" "board administrator" or "program manager" means the staff person assigned certain express or implied executive and administrative functions of the board as defined by board regulation or as required to carry out the provisions of the act.
D. "Applicant" means a person who has completed all educational requirements for licensure or certification and has filed an initial application with the board.
E. "Board" means the New Mexico board of landscape architects.
F. "Board regulation" or "regulation" means any part adopted by the board pursuant to authority under the act and includes any superseding regulation. "Rule" means board regulation.
G. "Candidate" means a person who has filed with the board a completed form for licensure or certification that is complete in all particulars and appears on the face to satisfy all minimum educational, supervision, payment and other requirements except examination requirements as required by the act and these regulations and is eligible to take the L.A.R.E.
H. "Certificate holder" or "certification" means an individual certified under the Landscape Architects Act as a landscape architect in training.
I. "CLARB" means the council of landscape architect registration boards or its successor.
J. "CLARB certification" means certification by CLARB that a landscape architect has met the minimum standards of education, examination, experience and professional conduct established by the council and is thereby recommended for licensure in all member jurisdictions.
K. "CLARB council record" means the verified documentation of an individual's education, experience, examination, licensure and professional conduct compiled by CLARB.
L. "Client" means a person or corporate entity that is the recipient of landscape architectural services.
M. "Consultant" means a licensed landscape architect who provides professional advice or opinion to a licensee and who has no professional relationship with the client, has no authority over the project or has no responsibility for the services performed for the client.
N. "Continuing professional education" (CPE) means a board requirement of continuing education, instruction or participation as a condition of renewal of licensure.
O. "Custodian" means board administrator.
P. "Electronic transmission" means the sending of information through the internet or by telephone facsimile (FAX) or e-mail.
Q. "Filed with the board" means actual receipt during normal business hours at the board office in Santa Fe, New Mexico.
R. "General administration of a construction contract" means the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship and the periodic observation of construction to facilitate consistency with the general intent of the construction documents.
S. "Good cause" means the inability to comply because of illness, undue hardship, or extenuating circumstances that are not willful and are beyond the control of the person asserting good cause. Those asserting good cause shall have the burden to demonstrate good cause.
T. "Inactive status" means a procedure of the board to affirm that a licensee is not engaged in active practice.
U. "Initial application" means the initial application for licensure or certification filed with the board by an applicant not previously or currently licensed in a jurisdiction.
V. "Joint practice committee" (JPC) means a committee statutorily comprised of two architects, two landscape architects and two engineers or land surveyors and a public member.
W. "Landscape architect" or "registered landscape architect" (RLA) means an individual registered under the Landscape Architects Act to practice landscape architecture.
X. "Landscape architect in training" (LAIT) means an individual certified under the Landscape Architects Act who is actively pursuing completion of the requirements for licensure pursuant to that act, under direct supervision of a registered landscape architect.
Y. "Landscape architect registration examination" (L.A.R.E.) means the national examination promulgated by CLARB.
Z. "Landscape architecture" means the art, profession or science of designing land improvements, including consultation, investigation, research, design, preparation of drawings and specifications and general administration of contracts to protect the health, safety and welfare of the public. Nothing contained in this definition shall be construed as authorizing a landscape architect to engage in the practice of architecture, engineering or land surveying as defined in Sections 61-15-2, 61-23-2.1 and 61-23.27.9 NMSA 1978.
AA. "Licensed" means licensed, registered or any other term when such terms identify a person whose professional behavior is subject to regulation by the board.
BB. "Licensee in good standing" means a licensee who is not the subject of a pending investigation, adjudicatory proceeding, or petition on appeal or review, or whose license is not restricted, suspended, or revoked in New Mexico or any other state or licensing jurisdiction.
CC. "Licensee" means a person licensed pursuant to the provisions of the act and board regulations.
DD. "NCARB" means the national council of architectural registration boards.
EE. "Practical experience" means experience that demonstrates an essential understanding of the practice of landscape architecture pursuant to the act. Practical experience shall begin after graduation from a degree program as set forth in the act.
FF. "Professional relationship" means a mutually agreed-upon relationship between a landscape architect and a client for the purpose of the client(s) obtaining the landscape architect's professional services.
GG. "Professional services" means all actions of the landscape architect in the context of professional relationship with the client.
HH. "Registrant," "registered" or "registration" means an individual registered under the Landscape Architects Act as a landscape architect.
II. "Related field" means a field having an impact on or affecting the field of landscape architecture including, but not limited to, such fields as architecture or engineering.
JJ. "Renewal cycle/period" means the time during which a licensee or certificate holder renews his/her license.
KK. "Sponsor" means an individual, organization, association, institution or other entity that provides education activity for the purpose of fulfilling the continuing education requirements.
LL. "Supervisee" means any person who functions under the authority of a registered landscape architect to provide landscape architectural services as provided in the act or board regulations.
MM. "Supervisor" means a registered landscape architect who agrees to provide adequate supervision over a student, applicant, employee or staff or other non-licensed person and who remains ultimately responsible for the professional conduct of the non-licensed person and the welfare of the client.