[Rev. 11/21/2013 12:41:40 PM--2013]

CHAPTER 623A - LANDSCAPE ARCHITECTS

GENERAL PROVISIONS

NRS 623A.010        Legislative declaration.

NRS 623A.020        Definitions.

NRS 623A.030        “Board” defined.

NRS 623A.033        “Certificate of registration” defined.

NRS 623A.035        “Direct supervision” defined.

NRS 623A.040        “Instruments of service” defined.

NRS 623A.050        “Landscape architect” defined.

NRS 623A.055        “Landscape architect intern” defined.

NRS 623A.060        “Practice of landscape architecture” defined.

NRS 623A.065        Good moral character.

NRS 623A.070        Applicability.

STATE BOARD OF LANDSCAPE ARCHITECTURE

NRS 623A.080        Creation; number, appointment and qualifications of members; terms; oaths; removal; vacancies; immunity.

NRS 623A.090        Compensation of members and employees.

NRS 623A.100        Officers; duties of Executive Director.

NRS 623A.110        Meetings; quorum.

NRS 623A.120        Employees: Hiring, compensation and reimbursement.

NRS 623A.130        Duties.

NRS 623A.133        Code of conduct; approval of code.

NRS 623A.135        Records of certificates of registration and certificates to practice as landscape architect intern; inspection; sale.

NRS 623A.140        Powers.

NRS 623A.143        Authority of Board to grant or deny applications for certificates, revoke or suspend certificates, hold membership in certain organizations and administer examinations.

NRS 623A.147        Operation on basis of fiscal year.

NRS 623A.150        Deposit and use of money collected by Board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or cost of investigation.

NRS 623A.160        Designation of Attorney General as legal adviser.

CERTIFICATION

NRS 623A.165        Practice of landscape architecture or use of certain titles without certificate prohibited; issuance of certificate; contents of certificate.

NRS 623A.170        Application; qualifications of applicant; study equivalent to work experience; standards for examinations; deadline for application.

NRS 623A.180        Action of Board on application; notification of applicant.

NRS 623A.185        Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 623A.185        Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 623A.187        Crediting of work experience; applicant for certificate required to comply with requirements for education and experience before taking examination.

NRS 623A.190        Examination.

NRS 623A.193        Issuance of certificate of registration without examination.

NRS 623A.195        Seal: Design; use; unlawful acts.

NRS 623A.200        Renewal or reinstatement of certificate; issuance of renewal card; record of renewal; unlawful acts.

NRS 623A.210        New certificate required after failure to renew within 3 years.

NRS 623A.215        Renewal of certificate: Continuing education; regulations.

NRS 623A.220        Renewal of suspended certificate; reinstatement of revoked certificate.

NRS 623A.225        Issuance of temporary certificate prohibited.

NRS 623A.230        Notification of Executive Director upon change of address or if certificate is lost, stolen, destroyed or mutilated; duplicate certificate; regulations.

NRS 623A.240        Fees.

NRS 623A.250        Conditions under which association may practice landscape architecture; conditions under which landscape architects may form associations with certain other persons; association and certain owners responsible for violations.

NRS 623A.260        Conditions under which association may establish and operate branch offices.

LANDSCAPE ARCHITECT INTERNS

NRS 623A.263        Application; qualifications of applicant.

NRS 623A.267        Issuance of certificate; supervision by holder of certificate of registration; expiration.

DISCIPLINARY ACTION

NRS 623A.270        Authorized actions of Board; conditions of probation; orders imposing discipline deemed public records; private reprimands prohibited.

NRS 623A.280        Grounds.

NRS 623A.285        Suspension of certificate for failure to pay support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 623A.290        Complaint against holder of certificate: Contents; filing.

NRS 623A.305        Consideration of complaint by President of Board; recommendation to Board; action by Board.

NRS 623A.350        Limitations on complaints.

MISCELLANEOUS PROVISIONS

NRS 623A.351        Immunity from civil action.

NRS 623A.353        Confidentiality of certain records of Board; exceptions.

NRS 623A.355        Inclusion of number of certificate in advertising and business cards.

NRS 623A.357        Allegation and proof of registered or certified status in action for compensation.

PENALTIES; INJUNCTIVE RELIEF

NRS 623A.360        Penalty.

NRS 623A.365        Civil penalty.

NRS 623A.370        Injunctive relief; remedies cumulative.

_________

GENERAL PROVISIONS

      NRS 623A.010  Legislative declaration.  The practice of landscape architecture affects the public welfare and is charged with the public interest and therefore subject to protection and regulation by the State.

      (Added to NRS by 1975, 1464)

      NRS 623A.020  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 623A.030 to 623A.060, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1975, 1464; A 2001, 502)

      NRS 623A.030  “Board” defined.  “Board” means the State Board of Landscape Architecture.

      (Added to NRS by 1975, 1464; A 2001, 502)

      NRS 623A.033  “Certificate of registration” defined.  “Certificate of registration” means a certificate of registration issued by the Board to a landscape architect pursuant to the provisions of this chapter.

      (Added to NRS by 2001, 497)

      NRS 623A.035  “Direct supervision” defined.  “Direct supervision” means a critical examination and evaluation of the work product by a holder of a certificate of registration, during and after the work product is prepared, to ensure that the work product complies with any applicable law or regulation concerning the practice of landscape architecture.

      (Added to NRS by 2001, 497)

      NRS 623A.040  “Instruments of service” defined.  “Instruments of service” means the finalized drawings or specifications prepared by the holder of a certificate of registration.

      (Added to NRS by 1975, 1464; A 2001, 502)

      NRS 623A.050  “Landscape architect” defined.  “Landscape architect” means any person who engages in the practice of landscape architecture.

      (Added to NRS by 1975, 1465)

      NRS 623A.055  “Landscape architect intern” defined.  “Landscape architect intern” means a person who is issued a certificate to practice as a landscape architect intern pursuant to the provisions of this chapter.

      (Added to NRS by 2001, 497)

      NRS 623A.060  “Practice of landscape architecture” defined.  “Practice of landscape architecture” means to provide or hold professional services out to the public, including, without limitation, services for consultation, investigation, reconnaissance, research, planning, design, preparation of drawings and specifications, and supervision, if the dominant purpose of the services is for the:

      1.  Preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and esthetic values, natural drainage, and the settings and approaches to buildings, structures, facilities and other improvements; and

      2.  Consideration and determination of issues of the land relating to erosion, wear and tear, lighting characteristics, and design of landscape irrigation, lighting and grading.

Ê The term includes the location and arrangement of such tangible objects, structures and features as are incidental and necessary to that dominant purpose, but does not include the design of structures or facilities with separate and self-contained purposes for habitation or industry whose design is normally included in the practice of architecture or professional engineering.

      (Added to NRS by 1975, 1465; A 1995, 1048; 2001, 502)

      NRS 623A.065  Good moral character.  For the purposes of this chapter, a person has good moral character if the person:

      1.  Has not been convicted of a felony, misdemeanor or gross misdemeanor that is directly related to the practice of landscape architecture;

      2.  Has not committed an act involving dishonesty, fraud, misrepresentation, breach of a fiduciary duty, gross negligence or incompetence while engaged in the practice of landscape architecture;

      3.  Is not incarcerated in a jail or prison at the time of submitting an application for a certificate of registration or a certificate to practice as a landscape architect intern;

      4.  Has not committed fraud or misrepresentation in connection with:

      (a) The submission of an application for a certificate of registration or certificate to practice as a landscape architect intern; or

      (b) The taking of one or more examinations pursuant to the provisions of this chapter;

      5.  Has not had a certificate of registration suspended or revoked by the Board or in any other state or country;

      6.  Has not, in lieu of receiving disciplinary action, surrendered a certificate of registration or certificate to practice as a landscape architect intern in this State or a certificate or license to practice landscape architecture issued in another state or country;

      7.  Has not engaged in the practice of landscape architecture in this State or in any other state or country without a license or certificate of registration or certificate to practice as a landscape architect intern within the 2 years immediately preceding the filing of an application for a certificate of registration or certificate to practice as a landscape architect intern pursuant to the provisions of this chapter; or

      8.  Has not, within the 5 years immediately preceding the filing of an application specified in subsection 7, engaged in unprofessional conduct in violation of the regulations adopted by the Board.

      (Added to NRS by 2001, 497; A 2003, 2703)

      NRS 623A.070  Applicability.

      1.  This chapter does not apply to:

      (a) Owners of property who make plans, specifications or drawings for their own property.

      (b) Any person engaged in the practice of architecture who is registered pursuant to the provisions of chapter 623 of NRS.

      (c) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his or her own drawings for his or her own construction activities.

      (d) Any person who is licensed as a civil engineer pursuant to the provisions of chapter 625 of NRS.

      (e) Any person who designs, manufactures or sells irrigation equipment and provides instructions pertaining to the mechanical erection and installation of the equipment but does not install the equipment.

      2.  Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

      3.  The exemptions provided by this section do not entitle any person who does not hold a certificate of registration or certificate to practice as a landscape architect intern to hold himself or herself out to the public or advertise himself or herself as a landscape architect or a landscape architect intern.

      (Added to NRS by 1975, 1469; A 1995, 1049; 1997, 1037; 2001, 502)

STATE BOARD OF LANDSCAPE ARCHITECTURE

      NRS 623A.080  Creation; number, appointment and qualifications of members; terms; oaths; removal; vacancies; immunity.

      1.  The State Board of Landscape Architecture, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Four members who, at the time of their appointment, are not the subject of any disciplinary action by the Board and who, for not less than 3 years immediately preceding their appointment, have been:

             (1) Engaged in the practice of landscape architecture; and

             (2) Holders of certificates of registration; and

      (b) One member who is a representative of the general public. This member must not be:

             (1) A landscape architect or a landscape architect intern; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a landscape architect or a landscape architect intern.

      3.  Each member must have been a resident of this State for not less than 3 years immediately preceding appointment to the Board.

      4.  A member of the Board shall not serve for more than three terms.

      5.  Each member of the Board shall, within 30 days after being appointed, take and subscribe to the oath of office as prescribed by the laws of this State and file the oath with the Secretary of State.

      6.  The member who is a representative of the general public shall not participate in preparing or grading any examination required by the Board.

      7.  Upon receipt of a complaint concerning a member of the Board and for good cause shown, the Governor may, after providing 10 days’ notice to the member and providing an opportunity for a hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.

      8.  An appointment to fill a vacancy in the membership of the Board for a cause other than expiration of the term must be for the unexpired portion of the term.

      9.  A member, agent or employee of the Board or any hearing officer or member of a hearing panel appointed by the Board is immune from personal liability relating to any action taken in good faith and within the scope of his or her authority.

      (Added to NRS by 1975, 1465; A 1977, 1248; 2001, 503; 2003, 1188)

      NRS 623A.090  Compensation of members and employees.

      1.  Members of the Board are entitled to receive:

      (a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

      (b) A per diem allowance and travel expenses, at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

      2.  While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      3.  Any salary, per diem allowance or travel expenses paid pursuant to the provisions of this section must be paid from money kept or deposited by the Board in accordance with the provisions of NRS 623A.150.

      (Added to NRS by 1975, 1465; A 1981, 1991; 1989, 1694; 2001, 503; 2007, 2940)

      NRS 623A.100  Officers; duties of Executive Director.

      1.  At each annual meeting of the Board, the members shall:

      (a) Elect a President and a Secretary; and

      (b) Appoint an Executive Director.

      2.  The President and the Secretary of the Board serve without additional compensation.

      3.  The Executive Director must not be a member of the Board and is entitled to a salary fixed by the Board.

      4.  The Executive Director shall:

      (a) Keep an accurate record of all proceedings of the Board;

      (b) Maintain custody of the official seal;

      (c) Maintain a file containing the names and addresses of all holders of certificates of registration and certificates to practice as a landscape architect intern;

      (d) Submit to the Board each application for a certificate of registration or certificate to practice as a landscape architect intern that is filed with the Board;

      (e) If a holder of a certificate of registration or certificate to practice as a landscape architect intern has violated any provision of this chapter, file a complaint with the Attorney General; and

      (f) Perform any other duties assigned by the Board.

      (Added to NRS by 1975, 1465; A 1995, 1049; 2001, 503)

      NRS 623A.110  Meetings; quorum.

      1.  The Board shall meet at least once each calendar quarter for the purpose of transacting its regular business and may meet at any other time as the Board designates.

      2.  Special meetings of the Board must be called by the Executive Director upon the written request of any member, by giving 20 days’ written notice of the meeting and the time and place the meeting is to be held to each member of the Board.

      3.  Three members of the Board constitute a quorum.

      (Added to NRS by 1975, 1466; A 1979, 962; 1995, 1049)

      NRS 623A.120  Employees: Hiring, compensation and reimbursement.  The Board may:

      1.  Employ and fix the compensation for legal counsel, inspectors, special agents, investigators and clerical personnel necessary to the discharge of its duties; and

      2.  Reimburse an employee specified in subsection 1 for any actual expenses incurred by the employee while acting on behalf of the Board.

      (Added to NRS by 1975, 1466; A 2001, 504)

      NRS 623A.130  Duties.  The Board shall:

      1.  Adopt an official seal.

      2.  Administer and enforce the provisions of this chapter.

      3.  Adopt regulations for the administration of this chapter.

      4.  Administer and conduct comprehensive examinations of applicants, which must test the applicant’s fitness to engage in the practice of landscape architecture.

      (Added to NRS by 1975, 1466; A 1977, 87; 2001, 504)

      NRS 623A.133  Code of conduct; approval of code.  The Board shall prepare and adopt a code of conduct for holders of certificates of registration and holders of a certificate to practice as a landscape architect intern. The code must ensure the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession. Before adopting the code, the Board shall send a copy of the proposed code to each holder of a certificate of registration and holder of a certificate to practice as a landscape architect intern. Each holder of a certificate of registration and holder of a certificate to practice as a landscape architect intern may vote on any provision included in the code. The Board may adopt each provision in the code unless 25 percent or more of the holders of certificates of registration vote against that provision.

      (Added to NRS by 2001, 498; A 2003, 4)

      NRS 623A.135  Records of certificates of registration and certificates to practice as landscape architect intern; inspection; sale.  The Board shall prepare and maintain a record of each certificate of registration and certificate to practice as a landscape architect intern. The record must include, without limitation, the name of the holder of the certificate of registration or the certificate to practice as a landscape architect intern, the address at which he or she resides and the number of the certificate of registration or certificate to practice as a landscape architect intern. The Board shall make the record available:

      1.  For inspection by each holder of a certificate of registration or certificate to practice as a landscape architect intern in a manner prescribed by the Board; and

      2.  For sale to a member of the general public who is not a holder of a certificate of registration or certificate to practice as a landscape architect intern.

      (Added to NRS by 2001, 498; A 2003, 4)

      NRS 623A.140  Powers.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may:

      1.  Grant or refuse certificates after examination and revoke or suspend a certificate or take any other disciplinary action set forth in NRS 623A.270 for any of the causes specified in this chapter.

      2.  Take depositions and issue subpoenas for the purpose of any hearing authorized by this chapter.

      3.  Establish reasonable educational requirements for applicants.

      4.  Establish requirements for approval of schools of landscape architecture.

      (Added to NRS by 1975, 1466; A 1981, 97; 1995, 1050; 2005, 755)

      NRS 623A.143  Authority of Board to grant or deny applications for certificates, revoke or suspend certificates, hold membership in certain organizations and administer examinations.  The Board may:

      1.  Grant or deny an application for a certificate to practice as a landscape architect intern after examination and revoke or suspend a certificate to practice as a landscape architect intern or take any other disciplinary action set forth in NRS 623A.270 for any of the causes specified in this chapter;

      2.  Hold membership in any organization relating to landscape architects or the practice of landscape architecture; or

      3.  Administer examinations on behalf of any national association of registered boards that certifies landscape architects.

      (Added to NRS by 2001, 501)

      NRS 623A.147  Operation on basis of fiscal year.  The Board shall operate on the basis of a fiscal year beginning on July 1 and ending on June 30.

      (Added to NRS by 2001, 498)

      NRS 623A.150  Deposit and use of money collected by Board; delegation of authority concerning disciplinary action; deposit of fines; claim for attorney’s fees or cost of investigation.

      1.  All money coming into the possession of the Board must be kept or deposited by the Executive Director in an account in a bank, credit union or savings and loan association in this State.

      2.  Except as otherwise provided in subsection 6, all money collected by the Board must be used to pay the expenses of:

      (a) Examinations and the issuance of certificates of registration and certificates to practice as a landscape architect intern; and

      (b) Conducting the business of the Board.

      3.  The expenses, including the per diem allowances and travel expenses of the members and employees of the Board while engaged in the business of the Board and the expenses to conduct examinations, must be paid from the current receipts. No portion thereof may be paid from the State Treasury.

      4.  Any balance remaining in excess of the expenses incurred may be retained by the Board and used to defray the future expenses of the Board.

      5.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to the provisions of this chapter, impose and collect fines and penalties therefor and deposit the money therefrom in an account maintained by the Board in a bank, credit union or savings and loan association specified in subsection 1.

      6.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to the provisions of subsection 5 and the Board deposits the money collected from the imposition of fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      (Added to NRS by 1975, 1466; A 1995, 1050; 1999, 1528; 2001, 504; 2005, 755)

      NRS 623A.160  Designation of Attorney General as legal adviser.  The Attorney General is the legal adviser of the Board, but the Board may employ legal counsel.

      (Added to NRS by 1975, 1466)

CERTIFICATION

      NRS 623A.165  Practice of landscape architecture or use of certain titles without certificate prohibited; issuance of certificate; contents of certificate.

      1.  A person shall not engage in the practice of landscape architecture or use the title of “landscape architect” or “landscape architect intern” unless the person is issued a certificate of registration or certificate to practice as a landscape architect intern by the Board pursuant to the provisions of this chapter.

      2.  If an applicant complies with the provisions of this chapter and is otherwise qualified to engage in the practice of landscape architecture, the Board shall, upon payment by the applicant of the applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240, issue to the applicant a certificate of registration or certificate to practice as a landscape architect intern. If a certificate of registration or certificate to practice as a landscape architect intern is issued after the beginning of the fiscal year, the Board may prorate the fee that the applicant must pay for that year pursuant to those provisions.

      3.  Each certificate of registration must include the complete name of the holder of the certificate, the number of the certificate, and the signatures of the President and Secretary of the Board.

      (Added to NRS by 2001, 501)

      NRS 623A.170  Application; qualifications of applicant; study equivalent to work experience; standards for examinations; deadline for application.

      1.  Any person who:

      (a) Is at least 21 years of age;

      (b) Is of good moral character;

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (d) Has satisfied the requirements for education and experience in landscape architecture, in any combination deemed suitable by the Board,

Ê may submit an application for a certificate of registration to the Board upon a form and in a manner prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board pursuant to the provisions of NRS 623A.240 and all information required to complete the application.

      2.  Each year of study, not exceeding 5 years of study, satisfactorily completed in a program of landscape architecture accredited by the Landscape Architectural Accrediting Board or a similar national board approved by the Board, or a program of landscape architecture in this State approved by the Board, is considered equivalent to 1 year of experience in landscape architectural work for the purpose of registration as a landscape architect.

      3.  The Board shall, by regulation, establish standards for examinations which may be consistent with standards employed by other states. The Board may adopt the standards of a national association of registered boards approved by the Board, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations may include tests in such technical, professional and ethical subjects as are prescribed by the Board.

      4.  If the Board administers or causes to be administered an examination during:

      (a) June of any year, an application to take that examination must be postmarked not later than March 1 of that year; or

      (b) December of any year, an application to take that examination must be postmarked not later than September 1 of that year.

      (Added to NRS by 1975, 1466; A 1997, 2111; 2001, 505; 2005, 2701, 2807)

      NRS 623A.180  Action of Board on application; notification of applicant.

      1.  The Board shall approve or disapprove each application. Except as otherwise provided in subsection 4, the Board shall approve the application if the Board is satisfied that:

      (a) The information set forth in the application is true;

      (b) The applicant is qualified to take the examination;

      (c) The applicant has paid the examination fee; and

      (d) The applicant has submitted all information required to complete the application.

      2.  If the Board approves an application, the Executive Director shall promptly notify the applicant in writing of the approval and of the time and place of the examination, if required.

      3.  If the Board disapproves an application, the Executive Director shall promptly notify the applicant of the disapproval, stating the reasons therefor.

      4.  The Board may disapprove an application for any violation of the provisions of this chapter.

      (Added to NRS by 1975, 1466; A 1977, 87; 1995, 1050; 1997, 2111; 2001, 505; 2005, 2702, 2807)

      NRS 623A.185  Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a certificate of registration or certificate to practice as a landscape architect intern shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a certificate of registration or certificate to practice as a landscape architect intern shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to the provisions of NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to the provisions of subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate of registration or certificate to practice as a landscape architect intern; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration or certificate to practice as a landscape architect intern may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to the provisions of subsection 1; or

      (b) Indicates on the statement submitted pursuant to the provisions of subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2110; A 2001, 506; 2005, 2702, 2807, 2810)

      NRS 623A.185  Payment of child support: Submission of certain information by applicant; grounds for denial of certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a certificate of registration or certificate to practice as a landscape architect intern shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to the provisions of NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to the provisions of subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate of registration or certificate to practice as a landscape architect intern; or

      (b) A separate form prescribed by the Board.

      3.  A certificate of registration or certificate to practice as a landscape architect intern may not be issued or renewed by the Board if the applicant:

      (a) Fails to submit the statement required pursuant to the provisions of subsection 1; or

      (b) Indicates on the statement submitted pursuant to the provisions of subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2110; A 2001, 506; 2005, 2702, 2703, 2807, 2810, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 623A.187  Crediting of work experience; applicant for certificate required to comply with requirements for education and experience before taking examination.

      1.  For the purpose of issuing a certificate of registration or a certificate to practice as a landscape architect intern pursuant to the provisions of this chapter, the Board shall credit work experience as follows:

      (a) One hundred and thirty hours or more of work in the practice of landscape architecture completed during a month is equal to 1 month of work experience.

      (b) Eighty-five hours or more but less than one hundred and thirty hours of work in the practice of landscape architecture completed during a month is equal to one-half of a month of work experience.

      2.  The Board shall not grant credit for work experience to an applicant for less than 85 hours of work experience in the practice of landscape architecture completed during a month.

      3.  Before the Board may grant credit to an applicant for work experience pursuant to the provisions of this section, the employer of the applicant must submit proof satisfactory to the Board that the applicant completed the work experience for which the applicant wishes to receive credit.

      4.  Except as otherwise provided in this subsection, all work experience must be completed under the direct supervision of a holder of a certificate of registration. The Board may adopt regulations that provide for the granting of credit for not more than 1 year of work experience completed under the direct supervision of a person who is licensed in a profession other than the practice of landscape architecture.

      5.  Each applicant for a certificate of registration or certificate to practice as a landscape architect intern must, before taking one or more examinations required for the certificate, comply with the requirements for education and experience set forth in this chapter and any regulations adopted by the Board.

      (Added to NRS by 2001, 499)

      NRS 623A.190  Examination.

      1.  The Board shall administer or cause to be administered a written examination to each applicant for a certificate of registration or certificate to practice as a landscape architect intern.

      2.  The examination must be given at such times and places and under such supervision as the Board may determine.

      3.  The Board may include in the written examination any theoretical or applied fields and ethical issues it deems appropriate to determine professional skills and judgment.

      4.  Except as otherwise provided in NRS 622.090, the Board shall, by regulation, establish the grade that is required to pass the written examination.

      5.  The written examination may be waived by the Board if the applicant:

      (a) Presents documentation that he or she has passed an examination in another state or country that has been accepted as an equivalent by a national association of registered boards; or

      (b) Has been certified by such an organization.

      6.  Written examination papers must be destroyed after a certificate of registration is issued.

      7.  If the applicant fails to pass the written examination or any part thereof, the applicant may retake the examination or the part failed in a subsequent examination upon the payment of the applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240.

      (Added to NRS by 1975, 1467; A 1981, 780; 2001, 506; 2007, 2940)

      NRS 623A.193  Issuance of certificate of registration without examination.  The Board may issue a certificate of registration without examination to a person who submits evidence satisfactory to the Board that he or she:

      1.  Is licensed, registered or certified as a landscape architect in another jurisdiction if, as determined by the Board, the qualifications required for the license, registration or certification are substantially equivalent to the qualifications set forth in this chapter for the issuance of a certificate of registration; and

      2.  Is otherwise qualified for a certificate of registration to engage in the practice of landscape architecture in this State.

      (Added to NRS by 2001, 499)

      NRS 623A.195  Seal: Design; use; unlawful acts.

      1.  Upon issuing a certificate of registration, the Board shall issue to the holder of the certificate of registration a seal of the design authorized by the Board, bearing the name of the holder of the certificate of registration, the number of the certificate of registration and the title “landscape architect.”

      2.  A plan, specification, report or other document issued by a holder of a certificate of registration for official use must be signed, sealed and dated on the title page by him or her with a permanently legible imprint of his or her seal and signature. The Board may adopt regulations specifying the manner in which a holder of a certificate of registration may electronically transmit such a plan, specification, report or other document.

      3.  It is unlawful for a person to stamp or seal any plan, specification, report or other document with the seal of a holder of a certificate of registration after the certificate of registration has expired or has been suspended or revoked, unless the certificate of registration has been renewed or reissued.

      (Added to NRS by 2001, 500)

      NRS 623A.200  Renewal or reinstatement of certificate; issuance of renewal card; record of renewal; unlawful acts.

      1.  Each certificate of registration expires on June 30 next following the date of issuance.

      2.  A certificate of registration may be renewed for 1 year from each succeeding July 1, upon submission of:

      (a) The annual renewal fee prescribed by the Board pursuant to the provisions of NRS 623A.240;

      (b) Proof of compliance with the requirements established by the Board for continuing education for the renewal of the certificate of registration; and

      (c) All information required to complete the renewal.

      3.  A certificate of registration that has expired through failure to be renewed may be renewed at any time within 1 year after the date of its expiration upon application to and with the approval of the Board and upon payment of the annual renewal fee and the delinquency fee prescribed by the Board pursuant to the provisions of NRS 623A.240.

      4.  A certificate of registration that has expired for failure to be renewed within 1 year after the date of its expiration may be reinstated by the Board without examination within 3 years after the date the certificate of registration expires upon application to and with the approval of the Board and upon payment of:

      (a) The annual renewal fee for each year, or part thereof, the certificate of registration is not renewed;

      (b) The delinquency fee; and

      (c) The reinstatement fee.

      5.  If a holder of a certificate of registration submits to the Board the annual renewal fee, proof and information required pursuant to the provisions of subsection 2, or if the Board approves the renewal or reinstatement of a certificate of registration pursuant to the provisions of subsection 3 or 4, the Executive Director of the Board shall, upon receipt of the applicable fees, proof and information or upon receipt of the approval of the Board, issue a renewal card to the applicant, indicating that the certificate of registration is renewed for 1 year. The renewal card must bear the seal of the Board and include:

      (a) The number of the certificate of registration; and

      (b) The signature of the President or Executive Director of the Board or a facsimile of that signature.

      6.  The renewal of a certificate of registration and the number of the certificate of registration must be recorded by the Executive Director of the Board in accordance with the provisions of NRS 623A.135.

      7.  The unauthorized use or display of a certificate of registration or renewal card for that certificate of registration, or the seal of a holder of a certificate of registration, is unlawful.

      (Added to NRS by 1975, 1467; A 1995, 1051; 1997, 2112; 2001, 507; 2005, 2704, 2807)

      NRS 623A.210  New certificate required after failure to renew within 3 years.  If a certificate of registration has not been renewed within 3 years after its expiration, the holder of the certificate of registration may apply for and obtain a new certificate of registration if he or she:

      1.  Is otherwise eligible;

      2.  Pays all fees required by this chapter;

      3.  Passes an examination administered or approved by the Board; and

      4.  Establishes to the satisfaction of the Board that he or she is qualified to practice landscape architecture.

      (Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

      NRS 623A.215  Renewal of certificate: Continuing education; regulations.  The Board may, by regulation, require each holder of a certificate of registration to complete a course of continuing education as a condition for the renewal of the certificate of registration. The regulations must include the number of hours of continuing education that the holder of the certificate of registration must complete to renew the certificate.

      (Added to NRS by 2001, 501)

      NRS 623A.220  Renewal of suspended certificate; reinstatement of revoked certificate.

      1.  A suspended certificate of registration expires unless it is renewed by the holder of the certificate of registration. The renewal does not entitle the holder to engage in the practice of landscape architecture until the expiration of the suspension period or until the certificate of registration is reinstated by the Board.

      2.  A revoked certificate of registration expires and is not subject to renewal. If the certificate of registration is reinstated after its expiration, the holder of the certificate of registration shall pay the fee for reinstatement prescribed by the Board pursuant to the provisions of NRS 623A.240.

      (Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

      NRS 623A.225  Issuance of temporary certificate prohibited.  The Board shall not issue a temporary certificate of registration or certificate to practice as a landscape architect intern.

      (Added to NRS by 2001, 501)

      NRS 623A.230  Notification of Executive Director upon change of address or if certificate is lost, stolen, destroyed or mutilated; duplicate certificate; regulations.

      1.  A holder of a certificate of registration shall notify the Executive Director in writing of any change of address of his or her business or residence and if the certificate of registration has been lost, stolen, destroyed or mutilated.

      2.  The Executive Director shall issue a duplicate certificate of registration in accordance with regulations established by the Board upon application and payment of the fee for replacement of a certificate of registration prescribed by the Board pursuant to the provisions of NRS 623A.240.

      (Added to NRS by 1975, 1467; A 1995, 1051; 2001, 508)

      NRS 623A.240  Fees.

      1.  The following fees must be prescribed by the Board and must not exceed the following amounts:

 

Application fee................................................................................................ $200.00

Examination fee.............................................................................................. 100.00,

                                                                                                                 plus the actual

                                                                                                                        cost of the

                                                                                                                    examination

Certificate of registration................................................................................... 25.00

Annual renewal fee........................................................................................... 200.00

Reinstatement fee............................................................................................. 300.00

Delinquency fee................................................................................................... 50.00

Change of address fee........................................................................................ 10.00

Copy of a document, per page..........................................................................     .25

 

      2.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost incurred by the Board to provide the service.

      3.  The Board may authorize a landscape architect intern to pay the application fee or any portion of that fee during any period in which he or she is the holder of a certificate to practice as a landscape architect intern. If a landscape architect intern pays the fee or any portion of the fee during that period, the Board shall credit the amount paid towards the entire amount of the application fee for the certificate of registration required pursuant to this section.

      4.  The fees prescribed by the Board pursuant to this section must be paid in United States currency in the form of a check, cashier’s check or money order. If any check submitted to the Board is dishonored upon presentation for payment, repayment of the fee, including the fee for a returned check in the amount established by the State Controller pursuant to NRS 353C.115, must be made by money order or certified check.

      5.  The fees prescribed by the Board pursuant to this section are nonrefundable.

      (Added to NRS by 1975, 1468; A 1979, 962; 1987, 146; 1995, 1051; 2001, 508; 2003, 20th Special Session, 219; 2007, 2940)

      NRS 623A.250  Conditions under which association may practice landscape architecture; conditions under which landscape architects may form associations with certain other persons; association and certain owners responsible for violations.

      1.  A firm, partnership, corporation or association may engage in the practice of landscape architecture if:

      (a) All work is performed under the supervision and direction of a holder of a certificate of registration;

      (b) The name of the holder of a certificate of registration appears in the name of the firm, partnership, corporation or association;

      (c) The name of the holder of the certificate of registration appears on all papers or documents used in the practice of landscape architecture; and

      (d) All instruments of service are signed by the holder of the certificate of registration.

      2.  Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with NRS 623.349, join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.

      3.  Each office or place of business of any partnership, corporation, limited-liability company or other business organization or association engaged in the practice of landscape architecture pursuant to the provisions of subsection 2 shall have a landscape architect who is a resident of this State and holds a certificate of registration issued pursuant to this chapter regularly working in the office or place of business and directly responsible for the administration of the landscape architectural work conducted in the office or place of business.

      4.  A registrant or licensee practicing in a business organization or association pursuant to subsection 2 remains subject to NRS 89.220.

      5.  If a person who is not a holder of a certificate of registration, or if a holder of a certificate of registration who is not an owner, and who is employed by or affiliated with a business organization or association that holds a certificate issued pursuant to NRS 623.349 is found by the Board to have violated a provision of this chapter or a regulation adopted by the Board, the Board may hold the business organization or association and each holder of a certificate of registration who is an owner responsible for the violation.

      (Added to NRS by 1975, 1467; A 1997, 1407; 2001, 509)

      NRS 623A.260  Conditions under which association may establish and operate branch offices.

      1.  A firm, partnership, corporation or association engaged in the practice of landscape architecture may, upon the approval of the Board, establish and operate branch offices within this State.

      2.  A branch office must be operated by a resident landscape architect who holds a certificate of registration.

      3.  Offices established for the purpose of observing construction work on a project are considered branch offices.

      (Added to NRS by 1975, 1468; A 2001, 510)

LANDSCAPE ARCHITECT INTERNS

      NRS 623A.263  Application; qualifications of applicant.

      1.  Any person who:

      (a) Is at least 21 years of age;

      (b) Is of good moral character;

      (c) Is a citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (d) Has graduated from a school approved by the Board or has completed at least 4 years of work experience in the practice of landscape architecture in accordance with regulations adopted by the Board,

Ê may submit an application to the Board for a certificate to practice as a landscape architect intern.

      2.  The application must be submitted on a form furnished by the Board and include:

      (a) The applicable fees prescribed by the Board pursuant to the provisions of NRS 623A.240; and

      (b) All information required to complete the application.

      (Added to NRS by 2001, 499; A 2005, 2705)

      NRS 623A.267  Issuance of certificate; supervision by holder of certificate of registration; expiration.

      1.  The Board shall issue a certificate to practice as a landscape architect intern to any person who is qualified pursuant to the provisions of NRS 623A.263 and who passes an examination or any portion of an examination required by the Board.

      2.  Such a person may engage in the practice of landscape architecture only under the direct supervision of a holder of a certificate of registration. Any work performed by the person as a landscape architect intern may be credited toward the requirements for a certificate of registration in accordance with regulations adopted by the Board.

      3.  A certificate to practice as a landscape architect intern expires on June 30 and may be renewed for 1 year from each succeeding July 1 in accordance with regulations adopted by the Board and upon the payment of the annual renewal fee prescribed by the Board pursuant to the provisions of NRS 623A.240.

      (Added to NRS by 2001, 500)

DISCIPLINARY ACTION

      NRS 623A.270  Authorized actions of Board; conditions of probation; orders imposing discipline deemed public records; private reprimands prohibited.

      1.  The Board may:

      (a) Suspend or revoke a certificate of registration or certificate to practice as a landscape architect intern;

      (b) Refuse to renew a certificate of registration or certificate to practice as a landscape architect intern;

      (c) Place a holder of a certificate of registration or certificate to practice as a landscape architect intern on probation;

      (d) Issue a public reprimand to a holder of a certificate of registration or certificate to practice as a landscape architect intern;

      (e) Impose upon a holder of a certificate of registration or certificate to practice as a landscape architect intern a fine of not more than $5,000 for each violation of this chapter;

      (f) Require a holder of a certificate of registration or certificate to practice as a landscape architect intern to pay restitution; or

      (g) Take such other disciplinary action as the Board deems appropriate,

Ê if the holder of a certificate of registration or certificate to practice as a landscape architect intern has committed any act set forth in NRS 623A.280.

      2.  The conditions for probation imposed pursuant to the provisions of subsection 1 may include, without limitation:

      (a) Restriction on the scope of professional practice;

      (b) Peer review;

      (c) Education or counseling;

      (d) The payment of restitution to each person who suffered harm or loss; and

      (e) The payment of all costs of the administrative investigation and prosecution.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      4.  The Board shall not issue a private reprimand to a holder of a certificate of registration or certificate to practice as a landscape architect intern.

      5.  The Board may adopt regulations setting forth a schedule of fines for the purposes of paragraph (e) of subsection 1.

      (Added to NRS by 1975, 1469; A 1995, 1052; 2001, 510; 2003, 3421)

      NRS 623A.280  Grounds.

      1.  The following acts, among others, constitute cause for disciplinary action:

      (a) A holder of a certificate of registration has signed or sealed instruments of service which were not prepared by him or her or under his or her direct supervision.

      (b) A holder of a certificate of registration has permitted the use of his or her signature or seal by another person to evade the provisions of this chapter or any regulation adopted by the Board.

      (c) A holder of a certificate of registration has not signed, sealed or dated instruments of service prepared by him or her.

      (d) A holder of a certificate of registration or certificate to practice as a landscape architect intern impersonates a landscape architect or landscape architect intern of the same or similar name.

      (e) A holder of a certificate of registration or certificate to practice as a landscape architect intern practices under an assumed, fictitious or corporate name.

      (f) A holder of a certificate of registration or certificate to practice as a landscape architect intern practices landscape architecture in violation of the provisions of this chapter or any regulation adopted by the Board.

      (g) A holder of a certificate of registration or certificate to practice as a landscape architect intern has obtained the certificate of registration or certificate to practice as a landscape architect intern by fraud or misrepresentation.

      (h) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of fraud or deceit in the practice of landscape architecture.

      (i) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of incompetency, negligence or gross negligence.

      (j) A holder of a certificate of registration or certificate to practice as a landscape architect intern is convicted of or enters a plea of nolo contendere to any crime an essential element of which is dishonesty or which is directly related to the practice of landscape architecture.

      (k) A holder of a certificate of registration or certificate to practice as a landscape architect intern is guilty of aiding or abetting any person in the violation of the provisions of this chapter or any regulation adopted by the Board.

      (l) A person practices as a landscape architect with a certificate of registration or certificate to practice as a landscape architect intern that has expired or has been suspended or revoked.

      (m) A holder of a certificate of registration or certificate to practice as a landscape architect intern is disciplined by an agency of another state or foreign country which regulates the practice of landscape architecture and at least one of the grounds for the disciplinary action taken is a ground for disciplinary action pursuant to the provisions of this chapter.

      (n) A holder of a certificate of registration or certificate to practice as a landscape architect intern fails to comply with an order issued by the Board or to cooperate in an investigation conducted by the Board.

      2.  As used in this section:

      (a) “Gross negligence” means conduct that demonstrates a reckless disregard of the consequences affecting the life or property of another person.

      (b) “Incompetency” means conduct that, in the practice of landscape architecture, demonstrates a significant lack of ability, knowledge or fitness to discharge a professional obligation.

      (c) “Negligence” means a deviation from the normal standard of professional care exercised generally by other members in the practice of landscape architecture.

      (Added to NRS by 1975, 1469; A 1995, 1052; 2001, 511; 2003, 2703; 2005, 756)

      NRS 623A.285  Suspension of certificate for failure to pay support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Board receives a copy of a court order issued pursuant to the provisions of NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration or certificate to practice as a landscape architect intern, the Board shall deem the certificate of registration or certificate to practice as a landscape architect intern issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the certificate of registration or certificate to practice as a landscape architect intern by the district attorney or other public agency pursuant to the provisions of NRS 425.550 stating that the holder of the certificate of registration or certificate to practice as a landscape architect intern has complied with the subpoena or warrant or has satisfied the arrearage pursuant to the provisions of NRS 425.560.

      2.  The Board shall reinstate a certificate of registration or certificate to practice as a landscape architect intern that has been suspended by a district court pursuant to the provisions of NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to the provisions of NRS 425.550 to the person whose certificate of registration or certificate to practice as a landscape architect intern was suspended stating that the person whose certificate of registration or certificate to practice as a landscape architect intern was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to the provisions of NRS 425.560.

      (Added to NRS by 1997, 2111; A 2001, 512; 2005, 2807, 2810)

      NRS 623A.290  Complaint against holder of certificate: Contents; filing.

      1.  The Board, any member of the Board or any other person who becomes aware that any one or more of the grounds for initiating disciplinary action may exist as to a holder of a certificate of registration or certificate to practice as a landscape architect intern may file a complaint specifying the relative facts with the Executive Director of the Board.

      2.  A complaint must be made in writing and be signed and verified by the person making it.

      (Added to NRS by 1975, 1468; A 1995, 1053; 2001, 512)

      NRS 623A.305  Consideration of complaint by President of Board; recommendation to Board; action by Board.

      1.  When a complaint is filed with the Executive Director of the Board, it must be considered by the President of the Board or a member of the Board designated by the President. If it appears to the President or the person designated by the President that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The Board shall promptly make a determination with respect to each complaint reported to it by the President or a person designated by the President and shall dismiss the complaint or proceed with disciplinary action pursuant to chapter 622A of NRS.

      (Added to NRS by 1995, 1048; A 2005, 757)

      NRS 623A.350  Limitations on complaints.

      1.  Except as otherwise provided in subsection 2, a complaint must not be filed against the holder of a certificate of registration or certificate to practice as a landscape architect intern if 2 years or more have elapsed since the occurrence of the act or omission alleged as the ground for disciplinary action.

      2.  If the act or omission alleges fraud or misrepresentation, the complaint must be filed within 2 years after the discovery of the fraud or misrepresentation.

      (Added to NRS by 1975, 1469; A 2001, 513)

MISCELLANEOUS PROVISIONS

      NRS 623A.351  Immunity from civil action.  In addition to any other immunity provided by the provisions of chapter 622A of NRS:

      1.  Any person who, in good faith and without malicious intent, provides information concerning a holder of a certificate of registration or certificate to practice as a landscape architect intern or an applicant for a certificate of registration or certificate to practice as a landscape architect intern is immune from any civil action for providing that information.

      2.  Any person who assists the Board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning the issuance or renewal of a certificate of registration or certificate to practice as a landscape architect intern or a criminal prosecution is immune from any civil liability for:

      (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board; and

      (b) Disseminating information concerning a holder of a certificate of registration or certificate to practice as a landscape architect intern or an applicant for a certificate of registration or certificate to practice as a landscape architect intern to:

             (1) Any other licensing board;

             (2) A national association of registered boards;

             (3) An agency of this State or the Federal Government;

             (4) The Attorney General; or

             (5) Any law enforcement agency.

      (Added to NRS by 2001, 500; A 2005, 757)

      NRS 623A.353  Confidentiality of certain records of Board; exceptions.

      1.  Except as otherwise provided in this section and NRS 239.0115, a record of the Board that relates to an employee of the Board or an examination administered by the Board is confidential.

      2.  The records described in this section may be disclosed, pursuant to procedures established by regulation of the Board, to:

      (a) A court;

      (b) An agency of the Federal Government;

      (c) Another state;

      (d) A political subdivision of this State; or

      (e) Any other related professional board or organization.

      3.  The Board may report to any other related professional board and organization the score of an applicant on an examination administered by the Board.

      4.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      5.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      (Added to NRS by 2001, 498; A 2005, 758; 2007, 2130)

      NRS 623A.355  Inclusion of number of certificate in advertising and business cards.  All advertising by or business cards of a holder of a certificate of registration must include the number of the certificate of registration.

      (Added to NRS by 1995, 1048; A 2001, 513)

      NRS 623A.357  Allegation and proof of registered or certified status in action for compensation.  No person may bring or maintain any action in the courts of this State for the collection of compensation for the performance of any act or contract for which a certificate of registration or certificate to practice as a landscape architect intern is required by this chapter without alleging and proving that the plaintiff in the action was registered pursuant to the provisions of this chapter at all times during the performance of the act or contract.

      (Added to NRS by 2001, 501)

PENALTIES; INJUNCTIVE RELIEF

      NRS 623A.360  Penalty.  Any person who:

      1.  Violates any of the provisions of this chapter;

      2.  Having had his or her certificate of registration or certificate to practice as a landscape architect intern suspended or revoked, continues to solicit business or otherwise represent himself or herself as a landscape architect or landscape architect intern;

      3.  Engages in the practice of landscape architecture without holding a certificate of registration or certificate to practice as a landscape architect intern; or

      4.  Uses the title or term “landscape architect,” “landscape designer,” “landscape consultant,” “landscape draftsman” or “landscape architect intern,” or any other title or term indicating or implying that the person is a landscape architect or landscape architect intern, in any sign, card, listing, advertisement or in any other manner without holding a certificate of registration or certificate to practice as a landscape architect intern,

Ê is guilty of a misdemeanor.

      (Added to NRS by 1975, 1470; A 1995, 1054; 2001, 513)

      NRS 623A.365  Civil penalty.

      1.  In addition to any other penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the Board is subject to a civil penalty of not more than $5,000 for each violation. Any such penalty must be imposed by the Board at a hearing conducted pursuant to the provisions of chapter 622A of NRS.

      2.  If a person does not pay a civil penalty imposed pursuant to subsection 1 within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

      (Added to NRS by 1995, 1048; A 2005, 758)

      NRS 623A.370  Injunctive relief; remedies cumulative.

      1.  A violation of a provision of this chapter by a person:

      (a) Unlawfully representing himself or herself as a landscape architect, landscape designer, landscape consultant, landscape draftsman or landscape architect intern, or using any other title or term indicating or implying that he or she is a landscape architect or landscape architect intern; or

      (b) Engaging in the practice of landscape architecture,

Ê without holding a certificate of registration or certificate to practice as a landscape architect intern, may be enjoined by a district court on petition by the President of the Board in the name of the Board. In any such proceeding, it is not necessary to show that any person is individually injured.

      2.  If the respondent in a proceeding specified in subsection 1 is found guilty of:

      (a) Unlawfully representing himself or herself as a landscape architect, landscape designer, landscape consultant, landscape draftsman or landscape architect intern, or using any other title or term indicating or implying that he or she is a landscape architect or landscape architect intern; or

      (b) Engaging in the practice of landscape architecture,

Ê without holding a certificate of registration or certificate to practice as a landscape architect intern, the court shall enjoin the respondent from continuing that representation, usage or practice. The procedure in such cases must be the same as in any other application for an injunction. The remedy by injunction is in addition to any criminal prosecution and punishment or any disciplinary action taken by the Board.

      (Added to NRS by 1975, 1470; A 1995, 1054; 2001, 514)