021.00.13 Ark. Code R. 001
These Rules and Regulations of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers are set forth for the purpose of interpreting and implementing the Arkansas Architectural Act, Arkansas Landscape Architectural Practice Act, and Arkansas Interior Designers Title Registration Act, Arkansas Code Annotated 17A-15-101, 17-35-101, and 17-36-101 et seq. These acts establish the board and grant it full responsibility for registration of architects, landscape architects, and registered interior designers. They also provide for the regulation of the practice of architecture, the practice of landscape architecture, and the use of the title "registered interior designer."
These rules and regulations shall be known and may be cited as the Arkansas State Board of Architects, Landscape Architects, and Interior Designers Rules and Regulations.
if any provision of these regulations or the application thereof to any person or circumstance Is invalid, such invalidity shall not affect other provisions or applications of these regulations; they can be given effect without the invalid provision or application. To this end, the provisions of these regulations are declared to be severable.
The terms defined in the Arkansas Architectural Act, Arkansas Landscape Architectural Practice Act, and Arkansas Interior Designers Title Registration Act, Arkansas Code Annotated 17-15-101, 17-35-101, and 17-36-101 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 applicant is any individual who has submitted an application for registration to the board.
Appropriate Design Professional
The appropriate design professional is the individual who is most responsible for the portion of the work that reflects that individual's discipline or area of expertise. Examples of design professionals include architects, civil engineers, structural engineers, mechanical engineers, electrical engineers, landscape architects, and registered interior designers.
Architect
An architect is any person who is technically and legally qualified to practice architecture.
Architect Registration Examination (ARE®)
ARE® is the current Architect Registration Examination prepared by NCARB.
Broadly Experienced Architect (BEA)
BEA is a broadly experienced architect, as currently defined by NCARB.
Broadly Experienced Foreign Architect (BEFA)
BEFA is a broadly experienced foreign architect, as currently defined by NCARB.
Continuing Education (CE)
Continuing education is learning that enables o registered architect, landscape architect, or registered interior designer to regularly increase or update knowledge of and competence in technical and professional subjects related to the practice of architecture, landscape architecture, or interior design to safeguard the public's health, safety, and welfare.
Continuing Education Hour (CEH)
A continuing education hour refers to one continuous hour (50 to 60 minutes of contact) spent in structured educational activities intended to increase or update the architect's, landscape architect's, or registered interior designer's knowledge and competence in health, safety, and welfare subjects. If the provider of the structured educational activities prescribes a customary time for completion of such an activity, then such prescribed time shall, unless the board finds the prescribed time to be unreasonable, be accepted as the architect's, landscape architect's, or registered interior designer's time for continuing education purposes, irrespective of actual time spent on the activity.
Council for Interior Design Accreditation (CIDA)
CIDA is the Council for Interior Design Accreditation.
Council for Inferior Design Qualification (CIDQ)
CIDQ is the Council for Interior Design Qualification.
Council of Landscape Architectural Registration Boards (CLARB)
CLARB is the Council of Landscape Architectural Registration Boards.
Construction Contract Administration
Construction contract administration is the portion of the architect's services that takes place during the construction of a building. Construction contract administration services must include periodic observation of the construction site to determine whether the building is being built in accordance with the construction documents. The appropriate design professional must observe the portion of the work for which he or she Is directly responsible.
Education Evaluation Services for Architects (EESA)
Education Evaluation Services for Architects is a program administered by Educational Credential Evaluators, Inc., a private organization not affiliated with NCARB or any of its members.
Emeritus Architect
An emeritus architect is a registrant who has retired from the active practice of architecture and who is 65 years of age or older. An emeritus architect may use the title "architect," but may not practice architecture as defined in Arkansas Code Annotated § 17-15-102.
Emeritus Landscape Architect
An emeritus landscape architect is a registrant who has retired from the active practice of architecture and who is 65 years of age or older. An emeritus landscape architect may use the title "landscape architect," but may not practice landscape architecture as defined in Arkansas Code Annotated § 17-36-102.
Architect Examination
Architect examination refers to the current Architect Registration Examination (ARE®), prepared and administered through NCARB.
Health, Safety, and Welfare Subjects
Health, safety, and welfare subjects are related to technical and professional courses that the board deems appropriate to safeguard the public and that are within the following enumerated areas necessary for the proper evaluation, design, construction, and utilization of buildings and the built environment:
Interior Design Continuing Education Council (IDCEC)
IDCEC is the Interior Design Continuing Education Council.
Intern Development Program (IDP)
Intern Development Program training requirements for certification are established, from time to time, by NCARB.
Interior Design Examination
Interior design examination refers to tine current registration examination, prepared and administered through CIDQ.
intern Architect
An intern architect Is any person who possesses a professional degree in architecture from an NAAB-accredited school and is enrolled in the Intern Development Program (IDP). Use of the title "intern architect" shall not be construed to allow practice of architecture by unregistered Individuals.
Landscape Architectural Accreditation Board (LAAB)
LAAB is the Landscape Architectural Accreditation Board.
Landscape Architect
A landscape architect is any person who Is technically and legally qualified to practice landscape architecture.
Landscape Architect Examination
Landscape Architect Examination refers to the current Landscape Architect Registration Examination (LARE®), prepared and administered through CLARB.
Landscape Architect Registration Examination (LARE®)
LARE® is the current Landscape Architect Registration Examination prepared by CLARB.
National Architectural Accrediting Board (NAAB)
The NAAB is the National Architectural Accrediting Board. National Council of Architectural Registration Boards (NCARB)
NCARB is the National Council of Architectural Registration Boards.
Original Documents
Original documents refer to the version of drawings and/or sets of specifications from which all lawful copies are made.
Practice of Architecture
The practice of architecture Is the provision of, or the offering to provide, the services defined in the Arkansas Architectural Act In connection with the design, construction, enlargement, or alteration of a building or group of buildings and/or the space within and surrounding buildings designed for human occupancy or habitation. These services include planning, providing preliminary studies, designs, drawings, specifications, and other technical submissions. The practice of architecture also includes administrative services during construction.
Principal
A principal is any registered architect in charge of an organization's architectural practice, either alone or in partnership with other registered architects.
Prototype Building
A prototype building is any commercial building or space within a commercial building that is intended to be constructed in multiple locations, has been constructed in multiple locations, or that conveys an owner's intended uniform business program, plan, or image.
Prototypical Building Documents
Prototypical building documents are technical submissions for prototypical buildings that are prepared by, or under the responsible control of, an architect who is registered in any U. S. jurisdiction and who holds certification issued by NCARB. These documents must identify the architect, the architect's registration number, jurisdiction, or registration, and the architect's NCARB certification number. They also must be marked "Prototypical Design Documents: Not for Construction." Prototypical building documents do not make up a final comprehensive set of design and construction documents because a prototypical building requires adaptation for local building site conditions, which may require additional design.
Registered Interior Designer
A registered interior designer is any person who is technically and legally qualified to utilize the title "registered interior designer."
Responsible Control
Responsible control is the amount of control over and detailed knowledge of the content of technical submissions during their preparation, which is ordinarily exercised by registered architects who ore applying the required professional standard of care. Reviewing or 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 content of such submissions throughout their preparation.
Structured Educational Activities
Structured educational activities are those in which at least 75 percent of an activity's content and instructional time is devoted to acceptable health, safety, and welfare subjects related to the practice of architecture, landscape architecture, and interior design. Activities may include courses of study, monographs, or other activities under the areas identified as health, safety, and welfare subjects. The activities must be provided by qualified individuals or organizations, whether delivered by direct contact or distance-learning methods.
Technical Submissions
Technical submissions are designs, drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture and landscape architecture. All technical submissions shall be identified by the name and address of the architect, landscape architect, or the architect's firm.
The Seal of the board was designated in 2009. This seal shall be applied to all registrations issued by the board.
At its office, the board shall maintain a roster of duly registered architects and business entities showing each registered architect's or entity's business name, registration, certificate, or authorization number, and last-known mailing address. This roster shall be open to public inspection. Furthermore, a roster of all licensed architects shall be published on the board's website.
Every individual seeking registration shall submit an application to tine board, accompanied by a photograph and the filing fee established in Arkansas Code Annotated 17-15-101, 17-35-101, and 17-36-101 et seq.
Material submitted to supplement any previously-filed application must include copies of the originally submitted application and all materials filed with that application.
Every applicant shall include with his or her application a nonrefundable filing fee, determined in accordance with this schedule:
1. Application for Registration by Examination (ARE®) | $250.00 |
2. Application for Registration by Examination (LARE®} | $250.00 |
3. Application for Registration by Examination (CIDQ) | $250.00 |
4. Application for Individual Reciprocal Registration | $250.00 |
5. Application for Certificate of Authorization Registration | $250.00 |
6. Application for Emeritus Status Registration | $20.00 |
Every applicant for registration renewal shall include with his or her application a nonrefundable renewal fee, determined in accordance with the schedule set forth as follows:
1. Annual Renewal of Individual Registration | $100.00 |
2. Annual Renewal of Certificate of Authorization Registration | $250.00 |
3. Annual Renewal of Emeritus Status Registration | $20.00 |
Registrations for individuals and corporations that have expired or have been revoked due to non-payment of the annual renewal fee may be reinstated through the payment of the renewal fee, in effect at the time, plus a penalty of fifty dollars ($50.00) per month for the first three (3) months in which the registration has been expired or revoked. Thereafter, an additional penalty of one hundred dollars ($100.00) for the balance of one (1) year, for a maximum penalty of two hundred fifty dollars ($250,00) per a year, for a maximum of three (3) years, shall be levied in accordance with the schedule set forth below:
1. Replacement or Duplicate Wall Certificate | $30.00 |
2. Architect Electronic File of Roster | $125.00 |
3. Londscape Architect Electronic File of Roster | $125,00 |
4. Registered Interior Designer Electronic File of Roster | $50.00 |
5. Returned Check Fee | $25.00 |
To be granted initial registration, an applicant must meet the following requirements.
When evaluating qualifications, the board may require that the applicant substantiate his or her qualifications.
An applicont who holds a current and valid certification issued by NCARB and who submits satisfactory evidence of such certification to the board can be registered, providing the applicant meets the following requirements.
One or more of the following acts shall be sufficient to prevent the applicant from being considered for registration and license:
To be granted initial registration, an applicant must meet the following requirements.
When evaluating qualifications, the board may require that the applicant substantiate his or her qualifications.
An applicant who holds a current and valid record issued by CLARB and who submits satisfactory evidence of such record to the board can be registered, providing the applicant meets the following requirements.
One or more of the following acts shall be sufficient to prevent the applicant from being considered for registration and license:
To be granted initial registration, an applicant must meet the following requirements.
When evaluating qualifications, the board may require that the applicant substantiate his or her qualifications.
An applicant who holds a current and valid certification Issued by CIDQ and who submits satisfactory evidence of such certification to the board can be registered, providing the applicant meets the following requirements.
One or more of the following acts shall be sufficient to prevent the applicant from being considered for registration and license:
The applicant has full, complete, and sole responsibility for furnishing to NCARB all necessary information and paying to NCARB all required fees.
The examination fees for each division of the ARE® will be established by NCARB and will be paid directly to the test vendor by the candidate.
The application packet for the examination must contain the following:
The examination fees for each division of the CIDQ examination will be established by CIDQ and will be paid directly to the test vendor by the candidate.
These rules shall apply to every architect, landscape architect and registered interior designer registered in the State of Arkansas as a condition for renewal on an annual basis.
An architect, landscape architect, or registered interior designer registered in the State of Arkansas may not be subject to participating in the continuing education requirements set forth by these rules for one of the following reasons:
To reinstate a registration an applicant shall submit proof of completion of 12 continuing education hours. Said hours may be earned either in the calendar year of reinstatement or in the immediately prior calendar year. Such hours may be applied to satisfy a continuing education requirement applicable to the first registration renewal following reinstatement but shall not be used to satisfy any continuing education requirement applicable to the second registration renewal following reinstatement.
The board may revoke, suspend, or cancel a certificate of authorization granted if any officer, director, or employee of a corporation or any general partner or employee of a partnership violates any provision of Ark. Code Ann. § 17-15-101 et seq. or these regulations. However, it shall be an affirmative defense to show that such individual was not acting as an agent of the corporation or the partnership at the time the violation occurred.
Each registered architect shall procure a seal which shall contain the name of the registered architect, license registration number, and the words:
"REGISTERED ARCHITECT - STATE OF ARKANSAS"
The seal shall comply, in all respects, in size and format, with the description of the design requirements as set forth below:
INDIVIDUAL - SEAL SAMPLE
CERTIFICATE OF AUTHORIZATION - SEAL SAMPLE
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 his/her licensed consultants, except indexes and cover sheets containing certain descriptions of work performed by the architect and the architect's consultants.
Nothing precludes the use of prototypical documents, provided the architect:
Each registered landscape architect shall procure a seal which shall contain the name of the registered landscape architect, license registration number, and the words:
"REGISTERED LANDSCAPE ARCHITECT - STATE OF ARKANSAS"
The 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 INDIVIDUAL), (ADDRESS OF INDIVIDUAL). 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 landscape architect is not required to seal and sign documents prepared and sealed by his/her licensed consultants, except indexes and cower sheets containing certain descriptions of work performed by the landscape architect and the landscape architect's consultants.
Each registered interior designers shall procure a sea! which shall contain the name of the registered interior designer, license registration number, and the words:
"REGISTERED INTERIOR DESIGNER - STATE OF ARKANSAS"
The 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 INDIVIDUAL), (ADDRESS OF INDIVIDUAL). 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 registered interior designer is not required to seal and sign documents prepared and sealed by his/her licensed consultants, except indexes and cover sheets containing certain-descriptions of work performed by the registered interior designer and the registered interior designer's consultants.
The owner of any building has the ultimate responsibility for ensuring the health, safety, and welfare of the occupants of the building, as well as the public in general, according to the laws and regulations of the State of Arkansas. The owner of any real property who allows a project to be constructed on such real property and the construction of which requires the services of an architect shall be deemed to have engaged in the practice of architecture unless such owner shall have employed or caused others to have employed a registered architect to furnish construction contract administration services with respect to such project.
The construction of a building requiring an architect under the Arkansas Architectural Act is considered to be a violation of the health, safety, and welfare of the public when the required services of an architect are not provided.
The occupancy and use of a building constructed without the services of an appropriate design professional or professionals seriously compromise the health, safety, and welfare of the public. Any building so constructed is declared by the Arkansas Architectural Act to constitute a nuisance and threat to public health, safety, and welfare and may be enjoined by the examining body In the courts of this state. Even though the violation may be punishable by fine, this section of the rules intends to provide a speedy means of protecting the public.
When it comes to the board's attention that a building may have been or is being constructed without the use of the required design professional or professionals, the board may require proof from the owner of the property that the appropriate registered professional or professionals were in responsible control of the design and construction administration of the building.
This exposition of the Rules of Procedure, formulated under the Administrative Procedure Act, as amended ACA 25-15-201 et. seq., does not affect a repeal of the provisions of the Act or of its amendments and related laws, except insofar as these Rules of Procedure were formulated under provisions of law that specifically contravene 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 action from the board in making a rule. Every person also has the right to seek to cause correction in on incorrect rule.
An order of the Board shall be effective only when In writing.
Each order shall contain on effective date and shall concisely state the following:
An order may be given by service upon or delivery to the person ordered, by mail, with postage prepaid and addressed to the person at his principal place of business or his home of last address on record with the board. An order also may be served by any officer authorized to serve legal process, by any member of the board, or by any employee of the board. An attempt to serve a notice to the last address of record obtained by the board office shall constitute official notice.
An order shall be formulated upon each adjudication made by the board or its hearing officer.
Any person who alleges that a rule or its possible application may injure or threaten to injure one's self, one's business, or one's 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 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 offer reasonable notice.
Opportunity shall be afforded all people interested in the action to respond and to 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 the following:
Findings of fact shall be based exclusively on the evidence received and on matters officially noticed.
Parties shall be served a copy of any decision or orders either personally or by mail.
Where a formal hearing before a hearing officer has been held, at which the parties were given proper notice and at which the 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 board's consideration. 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.
All members of the board present shall conduct themselves in an Impartial manner, and the presiding official may withdraw if he/she deems himself/herself 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 in the 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 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, particularly within the board's specialized knowledge.
The board shall have sole authority over architects, landscape architects, and registered interior designers 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 may be served either personally or by an officer authorized by law to serve process, or by registered mail or certified moil, with return receipt requested, directed to the licensee 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 hove 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 hove 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 the power to...
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 people in the conduct of serious affairs. The Board may, at 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.
Within a reasonable time after the decision is rendered, the board shall serve to the person whose license is involved a written copy of the decision, either personally or by registered mail. If the decision is sent by registered mail, it shall be deemed to have been served on the date borne on the return receipt.
Within a reasonable time offer the decision is rendered, the board shall serve to the person whose license is involved a written copy of the decision, either personally or by registered mail. If the decision is sent by registered moil, it shall be deemed to have been served on the dote borne on the return receipt.
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.
The board may institute a (civil) suit or other legal proceedings that may be required for enforcement of any provisions of ACA 17-15-101, 17-35-101, or 17-36-101 et 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.
021.00.13 Ark. Code R. 001