Section 904 - Powers and duties of the State Board of Landscape ArtistsThe board shall have power and its duty shall be:
(1) To provide for and regulate the licensing of qualified landscape architects and to issue, upon passing the examination required by the board, except as otherwise provided herein, a license to practice landscape architecture to any applicant who meets the requirements of this act.(2) Cause to be administered, the C.L.A.R.B. Uniform National Examination, or such other examination, as may be approved by the board at least one each year; to provide the subjects, character, manner, time and place of examinations for licenses to practice landscape architecture and the filing of applications for the examinations; to make written reports of the examination, which reports shall be preserved in the department for a period of not less than three years; and to issue licenses and certificates to such persons as successfully pass the examinations, and to collect appropriate fees for such examinations.(3) To permit, subject to the provisions of this section and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a landscape architect license, the practice of landscape architecture in the Commonwealth under a landscape architect license issued under the laws of any other state which maintains a system and standards of qualifications at least equal to those required in Pennsylvania, upon payment of the current fee established by the board and upon submission of evidence satisfactory to the board.(3.1) To exempt from examination an applicant who holds a license or certificate to practice landscape architecture issued to him by another state which maintains a system and standards of qualifications and administers the C.L.A.R.B. Uniform Examination.(4) To suspend or revoke the license and registration of any registered landscape architect who is found guilty by the board of gross negligence, incompetence or misconduct in the practice of landscape architecture, and to reinstate suspended licenses, registrations and certificates in any cases where the department shall determine the same to be just and proper. Before any formal action is taken by the board, the applicant or licensee shall be provided with an opportunity for a hearing. All hearings held before the board shall be held in accordance with the general laws and regulations applicable to administrative hearings.
(4.1) Unless ordered to do so by a court, the board shall not reinstate the license, registration or certificate of a person to practice as a registered landscape architect which has been revoked and such person shall be required to apply for a license, registration or certificate in accordance with section 6, if he desires to practice at any time after such revocation.(5) To provide for, regulate and require all persons licensed and registered in accordance with the provisions of this act to register biennially with the board; to prescribe the form of such registration; to require as a condition precedent to such biennial registration the payment of biennial registration fees as shall be fixed by this act, and to issue biennial registration to such persons, and suspend or revoke the license or registration of such persons who fail, refuse or neglect to register within such time as the board shall prescribe by its rules and regulations.(6.1) To submit annually, to the Professional Licensure Committee of the House and the Consumer Protection and Professional Licensure Committee of the Senate, a description of the types of complaints received, status reports of the cases, board action which has been taken and length of time from the initial complaint to final board resolution.(7) To administer and enforce the laws of the Commonwealth relating to the practice of landscape architecture and instruct and require its agents to bring prosecutions for unauthorized and unlawful practices.(8) To keep minutes and records for all its transactions and proceedings. Copies thereof duly certified shall be received in evidence in all courts and elsewhere.(9) To adopt, promulgate and enforce such administrative rules and regulations not inconsistent with this act as are deemed necessary and proper by the board to carry into effect the powers conferred by this act. Only in the absence of disapproval shall the board proceed with the adoption of the rule, regulation or amendment in accordance with section 202 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law. (10) To submit annually to the department, an estimate of the financial requirements of the board for its administrative, investigative, legal and miscellaneous expenses.(11) To submit annually to the House and Senate Appropriations Committees, fifteen days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the department.1966, Jan. 24, P.L. (1965) 1527, § 4. Amended 1982, June 17, P.L. 527, No. 151, § 3, effective in 60 days; 1982, Dec. 9, P.L. 1023, No. 238, §2, imd. effective; 1984 , March 7, P.L. 129, No. 24, § 3, effective 4/1/1984.