Section 231-5-1 - Competence5.1.1 In practicing landscape architecture, a professional landscape architect will act with reasonable care and competence and will apply the technical knowledge and skill that is ordinarily applied by professional landscape architects of good standing practicing in the same locality.5.1.2 In designing a project, the professional landscape architect must take into account all applicable federal, state, and municipal laws and regulations. While the professional landscape architect may rely on the advice of other professionals (e.g., attorneys, architects, professional landscape architects, professional engineers, or other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, the professional landscape architect will not knowingly design a project in violation of such laws and regulations.5.1.3 A professional landscape architect will undertake to perform professional services only when they, together with those whom the professional landscape architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved.5.1.4 No person will be permitted to practice landscape architecture if, in the Board's judgement, such person's professional competence is substantially impaired by physical or mental disabilities.5.1.5 A professional landscape architect convicted of a crime in connection with landscape architecture or a crime of moral turpitude under state law, federal law, or the law of another jurisdiction, may be held in violation of the code of practice if, in the opinion of the Board, the events and circumstances leading to the conviction indicate a condition which would affect the competency of the professional landscape architect to serve the health, safety, and welfare of the public.5.1.6 The professional landscape architect may accept an assignment requiring education or experience outside the professional landscape architect's field of competence, but only to the extent that the services are restricted to those portions of the project in which the professional landscape architect is qualified. All other phases of the project must be performed by other qualified design professionals.5.1.7 The professional landscape architect will not affix their signature and/or seal to any plan or document dealing with subject matter in which there is a lack of competency by virtue of education or experience, nor to any such plan or document not prepared under the direct supervision and control of said professional landscape architect.5.1.8 When serving as an expert or technical witness before any court, commission, or other tribunal, the professional landscape architect may express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the professional landscape architect's testimony.231 Neb. Admin. Code, ch. 5, § 1
Adopted effective 1/10/2021