CHAPTER ONE RULES AND REGULATIONS
These Rules and Regulations of the Arkansas State Board of Architects are set forth for the purpose of interpreting and implementing the Arkansas Architectural Act, Arkansas Code Annotated 17-15-101 et. seq. establishing the Board, and conferring upon its responsibility for registration of architects and the regulation of the practice of architects.
If any provisions of these regulations or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.
Terms defined in the Arkansas Architectural Act, Arkansas Code Annotated 17-15-101 et. seq. shall have the same meanings when used in these regulations unless the context or subject matter clearly requires a different interpretation.
As used in these regulations, the following terms shall have the following meanings unless the context or subject matter clearly requires a different interpretation.
Applicant
An individual who has submitted an application for registration to the Board.
Architect
"Architect" means a person who is technically and legally qualified to practice architecture.
A.R.E.
The current Architect Registration Examination prepared by NCARB.
CEH
One continuing education hour (CEH) shall represent a minimum of fifty (50) minutes of actual course time.
EESA
Education Evaluation Services for Architects, a program administrated by Educational Credential Evaluators, Inc., a private organization not affiliated with NCARB or any of it's members.
Emeritus Architect
A registrant who has retired from the active practice of architecture who is 65 years of age or older. At the discretion of the Board, a registrant of any age who has become incapacitated may be granted emeritus status. An emeritus architect may use the title "architect" but may not practice architecture as defined in Arkansas Code Annotated section 17-15-102(5)(A)(i).
Examination
The current Architect Registration Examination (A.R.E.), as accepted by the Board.
IDP
Intern Development Program.
NAAB
The National Architectural Accrediting Board.
NCARB
The National Council of Architectural Registration Boards.
Original Documents
Version of drawings and/or sets of specifications from which all lawful copies are made.
Principal
An individual who is (a) a registered architect and (b) in charge of an organization's architectural practice, either alone or with other registered architects.
Responsible Control
That amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed professional knowledge of the control of such submissions throughout their preparation.
Technical Submissions
Designs, drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture.
VU
Value unit, used to calculate the hours of training earned by IDP applicants.
Seal of Board - as designated in 1939. This seal shall be applied to all registrations issued by the Board.
The Board shall, at its offices, maintain a roster of duly registered architects and business entities subject to SECTION V lll, A., open to public inspection, which shall show each registered architect's or entity's business name, registration or certificate or authorization number, and last known mailing address. A roster of all licensed architects shall be pubhshed on the web site.
Prior to the filing of an application, and after the final Board action on an application, verbal and written communication with individual Board members or any member of the Board's staff shall be freely permitted; provided, however, that in no event is any member of the Board or its staff authorized to give any indication of what specific actions the Board may take upon the merits of any application which may be filed with it. General advice, however, may be given as to the maimer of completing or submitting applications, the procedures to be followed in processing applications, and the nature of the standards applied by the Board in evaluating applications. While an application for registration or an enforcement proceeding is pending before the Board, no one shall initiate any written or oral communication with individual Board members concerning the matter; but inquiries may be made orally or in writing to the Board staff or in writing to the Board.
Any forms prepared in accordance with these regulations shall be available upon request made in person or by writing to the Board. If the Board amends any such forms, the Board staff shall mail a copy of each such amended form to all individuals whose applications are pending and are affected by such amendment.
Every individual seeking a registration shall submit an application to the Board, accompanied by a photograph and the filing fee established in Section 111 C.
Material submitted to supplement any previously filed application must include copies of the originally submitted application and all material filed with that application.
Every applicant shall include with his/her application a nonrefundable filing fee determined in accordance with the schedule set forth as follows:
1 Application for examination and registration | $350.00 |
2. Application for reciprocal registration | $350.00 |
3. Application for registration of Certificate of Authorization | $400.00 |
4. Renewal of individual certificate (in state) | $100.00 |
5. Renewal of individual certificate (out of state) | $150.00 |
6. Renewal of Certificate of Authorization | $350.00 |
7. Emeritus License | $ 25.00 |
8. Late payment fee per month, not to exceed $250.00 in a year | $ 50.00 |
These rules provide for a continuing education program to insure that all registered architects remain informed of those technical and professional subjects, which the Board deems appropriate to safeguard life, health, and promote the public welfare. Statutory Authority: Code of Arkansas 1995, Act 784
A Continuing Education Committee shall consist of all members of the Arkansas State Board of Architects. The Committee shall have the following duties:
Failure to fulfill the continuing education requirements, or file the annual report, properly completed and signed, by July 31 shall result in a penalty of two hundred fifty dollars ($250.00) per month for a maximum of one thousand dollars ($1,000) each year in addition to the renewal fee and late payment fees. At the discretion of the Board, a temporary renewal of license may be issued for up to ninety (90) days. Documentation of completion of continuing education credits shall be submitted to the Board within the ninety (90) day period. Failure to comply with the Continuing Education requirements may result in revocation of your license.
One or more of the following acts shall be sufficient to prevent applicant from being considered for registration and license.
Applicants for registration by examination must submit to and pass the Architect Registration Examination as outlined below. All such applicants must be 21 years of age and must have been approved as a candidate for the examination by the Board. A pre-requisite for making application to the Architect Registration Examination is completing the Intern Development Program Training Requirement, in accordance with the IDP guidelines developed under the auspices of the National Council of Architectural Registration Boards (NCARB) and the American Institute of Architects and administered by the NCARB.
The Board shall consider the application packet for the exam if the following items are contained therein:
The Board will select a test vendor who will administer the A.R.E. as prepared by NCARB. The test will be administered to all candidates who have been approved by the Board in accordance with the training and education requirements pertaining to registration by examination. The examination will be administered in compliance with those methods and procedures recommended by NCARB and adopted by the Board.
Examinations will be administered in compliance with NCARB Guidelines to approved candidates only. The NCARB Data Center will send candidates information on the procedure for scheduling a test session, the test content, and instructions on taking the computer based examination after it receives the candidate eligibility notification from the Board.
Approved candidates shall appear personally for exams at the designated date, time and place, as specified by the Test Vendor.
The Architect Registration Examination shall be graded in accordance with the methods and procedures recommended by the NCARB. In order for an examination candidate to achieve registration, all sections of the examination must be passed with the minimum score specified by the NCARB.
The Test Vendor will monitor the computer exam in strict compliance with the procedures approved by the NCARB.
A candidate is allowed unlimited retakes of the A.R.E.
Once the scores are released, the Board will advise each candidate of his/her score. A score of PASS must be achieved by the exam candidate on all divisions of the A.R.E. in order for that candidate to be considered for initial registration.
Each examination candidate shall pay a three hundred fifty dollars ($350.00) one-time application fee to the Board. The examination fees for each division of the A.R.E. will be established by NCARB and paid directly to the test vendor by the candidate.
Requests for modifications to the examination to accommodate physical or other disabilities must be made in writing to the Board. A physician's report must accompany such a request by a diagnostic specialist, along with supporting data, confirming to the Board's satisfaction, the nature and extent of the disability. After receipt of the request from the applicant, the Board may require that the applicant supply further information and/or that the applicant appears personally before the Board. It shall be the responsibility of the applicant to timely supply all further information as the Board may require. The Board shall send their recommendations for modifications to NCARB for a final determination. NCARB has the final authority with regard to any modifications for the examination.
A Certificate of Registration shall be issued to individuals meeting all requirements of the Act and Rules and Regulations of the Board. The certificate shall bear the name and registration number of the architect. Every architect certified by NCARB, but unlicensed in Arkansas, shall apply to the Board for licensing within thirty (30) days after notification of selection (whether notified orally or in writing) as the Architect by the client/owner. Such architect shall be licensed in Arkansas prior to signing a contract or engaging in the practice of architecture, as defined by the Act.
Certificates of registration shall expire on July 31 of each year and shall become invalid on August 1 unless renewed. All renewals must be either received in the Board office by the close of business on July 31 or postmarked by July 31. Renewal may be effected at any time during the month of July by payment of the renewal fee as provided in SECTION VII, C. Only renewal forms which contain the completed renewal application, continuing education report form demonstrating compliance with continuing education requirements and the required renewal fees will be processed.
A registration shall not be transferable.
Registrants, who are retired from the active practice of architecture who are 65 years of age or older, may request emeritus status by filing the application showing compliance with this Section. Emeritus status licensees are exempt from continuing education requirements unless they reactivate their license to active status in accordance with Section G of this Section.
It shall be unlawful to practice architecture in an office not under the day to day supervision of a registered architect.
Pursuant to Arkansas Act 270, known as the "Arkansas Architectural Act" and subject to SECTION VII, A., and SECTION VIII, A., 2., each registered architect shall procure a seal which shall contain the name of the registered architect; license registration number; and the words:
"REGISTERED ARCHITECT - ARKANSAS"
This seal shall comply in all respects in size and format with the description of the design requirements as set forth below:
THE RECORD COPY OF THIS DRAWING IS ON FILE AT THE OFFICES OF (NAME OF FIRM), (ADDRESS OF FIRM). THIS ELECTRONIC DOCUMENT IS RELEASED FOR THE PURPOSES OF REFERENCE, COORDINATION, AND/OR FACILITY MANAGEMENT. THIS ELECTRONIC DOCUMENT OR MODIFICATIONS THEREOF SHALL NOT BE USED FOR CONSTRUCTION.
The architect is not required to seal and sign documents prepared and sealed by the licensed consultants except when indexes and cover sheets contain certain description of work performed by the architect as well as the architect's consultants.
CHAPTER TWO RULES OF PROCEDURE
This exposition of the Rules of Procedure formulated under the Administrative Procedure Act, as amended ACA 25-15-201 et. seq., does not effect a repeal of the provisions of the Act, its amendments and related laws, except insofar as these Rules of Procedure were formulated under provisions of law which specifically contravenes provisions of the Act, its amendments and related laws.
Any such rule shall be made or amended only after a hearing upon notice as set forth in these Rules of Procedure.
PRIOR RULES - VALID
Rules of the Board formulated previously are declared to be still in force until amended and certified to the Arkansas Register.
In any case of rule making, every person has a right to seek to cause the Board to act to make a rule. Every person also has the right to seek to cause an incorrect rule to be corrected.
Willful violation of any rule of the Board, in addition to any other penalty provided by law, shall subject the violator to such denial, suspension and/or revocation of approval of a license to practice architecture as may be applicable.
Orders of the Board shall be effective only when in writing.
Each order shall contain in effective date and shall concisely state:
An order may be given by service upon or delivery to the person ordered by mail, postage prepaid, addressed to the person at his principal place of business or his home as last of record with the Board. An order may also be served by any officer authorized to serve legal process or by any member of the Board or any employee of the Board. An attempt to serve notice at the last address of record in the Board office shall constitute official notice.
There shall be an order formulated upon each adjudication made by the Board or its hearing officer.
Any person who alleges a rule, or its possible application, may injure or threaten to injure him, his business or property may file a petition for a declaratory order as to the applicability of any rule to be enforced by the Board.
Such petition shall be promptly considered and a prompt disposition shall be made.
Declaratory orders shall have the same status as agency orders formulated upon adjudication.
All parties shall be afforded opportunity for hearing after reasonable notice. (See Section XI, subsection B.2. (b)(3.). infra.)
Opportunity shall be afforded all people interested in the action to respond and present evidence and argument on all issues involved.
Nothing in these rules shall prohibit informal disposition by stipulation, settlement, consent order or default.
The record shall include:
Findings of fact shall be based exclusively on the evidence received and on matters officially noticed.
Parties shall be served either personally or by mail with a copy of any decision or orders.
Where a formal hearing before a hearing officer has been held at which the parties were given proper notice and at which opportunity was offered to them to be present in person and by counsel to present testimony, briefs and argument, a proposal for decision will not be required.
Where convenient and appropriate, a hearing officer may be appointed to take testimony and prepare the record for the consideration of the Board. The hearing officer may conduct hearings at any place within the State of Arkansas. In the conduct of such hearings the hearing officer shall preside and have the power and duties of a presiding official as set forth in SECTION X, D. The decision on the record made by the hearing officer shall be made by a majority of the members of the Board.
In every case of adjudication, and in cases of rule making where rules are to be made after hearing, there shall be a hearing.
Any person compelled to appear before the Board or a hearing officer shall have the right to counsel.
Every member of the Board present shall conduct her/himself in an impartial manner and the presiding official may withdraw if she/he deems her/himself disqualified. Any party may file an affidavit of personal bias or disqualification which shall be ruled upon by the Board and granted if it is timely, sufficient and filed in good faith.
The proponent of a rule or order shall have burden of proof.
Irrelevant, immaterial and unduly repetitious evidence shall be excluded.
Any other evidence, oral or documentary, not privileged, may be received if it is of a type commonly relied upon by reasonable prudent individuals in the conduct of their affairs.
Objections to evidence may be made and shall be noted of record.
When a hearing can be so expedited (and the interests of the parties will not be prejudiced) any part of the evidence may be received in written form.
Parties shall have the right to conduct such cross-examination as may be required for a full, true disclosure of the facts.
Official notice may be taken of judicially recognizable facts and of generally recognized technical or scientific facts peculiarly within the Board's specialized knowledge.
The Board shall have sole authority over architects to deny or suspend any license to practice issued by the Board or applied for in accordance with the provisions of the Act, or to otherwise discipline a licensee upon the following determination:
Proceedings shall be as follows:
Any notice required by subsection B.2., above, may be served either personally or by an officer authorized by law to serve process, or by registered mail or certified mail, with return receipt requested, directed to the licenses or applicant at his or her last known address as shown by the records of the Board. If notice is served personally, it shall be deemed to have been served at the time when the officer delivers the notice to the person addressed. Where notice is served by registered mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery of the notice to the addressee or refusal of the addressee to accept the notice. An attempt to serve notice at the last address of record shall constitute official notice.
Board hearings held under the provisions of this rule shall be conducted at the Board office or elsewhere in Pulaski County. The hearings may be held anywhere within Arkansas if the person whose license is involved and the Board agree that the hearing should be held at some place outside Pulaski County.
Use of Hearing Office - All hearings under this section shall be open to the public. At all such hearings at least a quorum of the Board shall be present to hear and determine the matter.
A person entitled to be heard pursuant to this section shall have the right to:
In connection with any hearing held pursuant to the provisions of this section, the Board or its hearing officer shall have power:
In proceedings held pursuant to this rule, the Board may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent men in the conduct of serious affairs. The Board may in their discretion exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a Circuit Court.
After a hearing has been completed, the members of the Board shall proceed to consider the case and as soon as practicable shall render their decision. If the hearing was conducted by a hearing officer, the decision shall be rendered by the Board at a meeting where a quorum of the members of the Board are present and participating in the decision. In any case the decision must be rendered within ninety (90) days after the hearings.
Within a reasonable time after the decision is rendered the Board shall serve upon the person whose license is involved a written copy of the decision, either personally or by registered mail. If the decision is sent registered mail, it shall be deemed to have been served on the date borne on the return receipt.
The decision of the Board shall contain:
Judicial review of proceedings under this rule shall be governed by the Administrative Procedure Act or other applicable law.
Service shall be had by serving a copy of the petition upon the Board and all other parties of record either by personal service or by mail.
Filing of the petition shall not automatically stay enforcement of the Board decision. The Board, upon its own action, or the reviewing court may stay the order upon such terms as may be just.
The Board may institute (civil) suit or other legal proceedings as may be required for enforcement of any provisions of ACA 17-15-101, seq., as amended and related acts.
If the Board has reason to believe that any person has violated any provisions of the Act, as amended, or related acts for which criminal prosecution would be in order, it shall so inform the prosecuting attorney in whose district any such purported violation may have occurred.
021.00.05 Ark. Code R. 001