Current through Supplement No. 394, October, 2024
1.
History.
The 1917 legislative assembly passed architectural practice legislation
which is codified as North Dakota Century Code chapter
43-03. This chapter requires the
governor to appoint a state board of architecture:
a. To adopt rules to govern its
proceedings.
b. For the examination
of candidates for registration.
c.
For the regulation of the practice of architecture and landscape architecture.
The board's purpose is to protect the public health, safety, and welfare
against incompetent and unscrupulous practice.
2.
Board membership. The board
consists of three members appointed by the governor. A member must be an
architect registered in North Dakota who has been a resident of, and in active
practice as a principal in, this state for at least five years prior to
appointment.
3.
Terms of
office. Each member is appointed for a term of six years, with terms
arranged so that one term expires on March fourteenth of each odd-numbered
year.
4.
Qualifications and
removal. Each member qualifies by taking the oath of office required of
civil officers. The governor may remove a member for inefficiency or neglect of
duty.
5.
Officers. The
board elects a president and secretary, who shall also be treasurer, at a
regular meeting each year.
6.
Secretary-treasurer's duties. The secretary-treasurer:
a. Records all business of the board at its
meetings and keeps all records.
b.
Collects all fees, deposits all moneys to the board account, and makes all
disbursements for board expenses.
c. Receives all applications for registration
and examinations, receives and answers all correspondence, and maintains files
of all communications received and sent, including copies of those by other
members.
d. Maintains a list of
architects and landscape architects certified under this chapter. This list of
certificate holders must contain each certificate holder's name, current
business address, certification number, and the expiration date of the
certificate.
7.
Board records - Seal.
a. Records.
Records are open to the public when information is of a general nature. Records
and correspondence of a personal nature concerning an individual or firm, such
as examination documents, correspondence, financial disclosures, and the like,
are confidential and are available only to the board, its counsel, and to the
individual or firm itself.
b. Seal.
The board has adopted a seal for its use. The seal is affixed to certificates
of registration, renewal cards, and legal documents, over signatures of the
members.
8.
Meetings. The board holds regular meetings at least once each
year, with the date and location set by the board. The board may meet as
designated by a majority of the board.
a.
Notice. The executive director shall notify each member in writing at least
five days in advance of any special meeting. Should an applicant or other
person wish to be present at a special meeting, a request shall be made in
writing to the executive director or other member, in time for the executive
director to give at least ten days' notice to the applicant or other
person.
b. Quorum. A quorum shall
consist of two members.
c.
Presiding officer. The president shall preside at all meetings. In the
president's absence, the senior member present shall preside.
d. Open meetings. All meetings shall be open
to the public.
e. When meetings not
required. Routine business, such as review of applications for registration,
may be conducted by mail or electronically, when it is in the applicant's and
the public's interest. Copies of all correspondence relating to any business
conducted outside meetings shall be filed with the executive
director.
9.
Compensation of members and expenses of board.
a. Limit. The expenditures of the board shall
at no time exceed the amount of moneys on deposit to the credit of the
board.
b. Audit. The board accounts
shall be audited annually by an independent auditing firm whose members are
authorized by law to perform auditing services in North Dakota, and a report of
the audit shall be furnished to all members of the board and filed in
accordance with state law.
c. Bank
account. All fees and other income collected by the board shall be deposited in
a bank authorized to do business in North Dakota. The account shall be drawn
against only for expenses of the board.
d. Reserve accounts. At the discretion of the
board reserve accounts may be established.
e. Executive director. If the board appoints
or contracts an executive director, the executive director is entitled to
receive such fee as fixed by a resolution of the board adopted at a regular
meeting, and is entitled to receive reimbursement for travel, lodging, and
other expenses as are incurred in the performance of the executive director's
official duties.
f. Members. Each
member of the board is entitled to receive a per diem of seventy-five dollars
for each day or portion of a day spent in the discharge of the members, such
mileage as is provided for by North Dakota Century Code section
54-06-09, and is entitled to
reimbursement for the member's actual and necessary expenses incurred in the
discharge of the member's official duties.
g. Other expenses. The board or its designee
shall pay office rental, clerical, legal, auditing, printing, and all other
legitimate expenses of the board from board funds.
10.
Counsel. The board may, at
its expense, employ as legal counsel an attorney who has been admitted to
practice in North Dakota. When approved and appointed by the attorney general
as "special assistant attorney general", the board attorney shall represent
that office in all matters relating to the regulation of the practice of
architecture and landscape architecture within the scope of North Dakota
Century Code chapter
43-03.
11.
Inquiries. Inquiries
regarding the board, registration, examinations, or practice shall be addressed
to the executive director in care of the state board of architecture and
landscape architecture.
General Authority: NDCC
28-32-02(1)
Law Implemented: NDCC
28-32-02(1)
