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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsFebruary 2014

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24 DE Admin. Code 200
On June 1, 2013, the Delaware Board of Landscape Architects published proposed changes to its regulations in the Delaware Register of Regulations, Volume 16, Issue 12. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on August 8, 2013 at a regularly scheduled meeting of the Delaware Board of Landscape Architects to receive verbal comments regarding the Board's proposed amendments to its regulations.
Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal; and
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News.
3. Pursuant to 24 Del.C. §3506(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
SO ORDERED this 14th day of November, 2013.
1.1 Prior to seeking licensure, applicants must have passed all sections of the national examination administered by the Council of Landscape Architectural Registration Board “CLARB”.
1.2 Applicants seeking licensure pursuant to 24 Del.C. §206(a)(1) shall have graduated from a school or college of landscape architecture approved or accredited by the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects.
1.3 For purposes of 24 Del.C. §206(a)(2), courses in landscape architecture shall have been taken at a school or college of landscape architecture approved or accredited by the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects.
1.4 Upon successfully passing all required sections of the national exam as administered by CLARB, applicants will then submit a completed application to the Division of Professional Regulation.
Statutory Authority: 24 Del.C. §§206, 207
2.1 Persons seeking licensure pursuant to 24 Del.C. §208, shall submit payment of the fee established by the Division and an application on a form prescribed by the Board which shall include proof of licensure and good standing in each state or territory of current licensure, and on what basis the license was obtained therein, including the date licensure was granted. Letters of good standing must also be provided for each state or jurisdiction in which the applicant was ever previously licensed.
2.2 The Board shall not consider an application for licensure by reciprocity until all items described in 24 Del.C. §208 and paragraph 2.1 of this Rule have been submitted to the Board’s office.
Statutory Authority: 24 Del.C. §208.
A business entity desiring a certificate of authorization pursuant to 24 Del.C. §212 shall file with the Board an application, on forms provided by the Board, listing relevant information, including the names and addresses of officers, partners, members, managers or principals of the business entity and also of the individual(s) duly licensed to practice landscaped architecture in this State who shall be in responsible of the landscape architecture in compliance with 24 Del.C. §212(b)(1), and any other information required by the Board, accompanied by the appropriate fee. A certificate of authorization shall be renewed biennially in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division an on-line renewal application on the Division's website. In the event there should be a change in the information provided in the application for a certificate of authorization, notification of such change shall be provided to the Board in writing within thirty (30) days of the effective date of such change.
4.1 An applicant who has taken and passed the national examination, as administered by CLARB, must still demonstrate that he or she has met the professional experience requirements set forth in 24 Del.C. §206 and 24 Del.C. §210 before a license will be issued.
Statutory Authority: 24 Del.C. §205(a)(1); 212(a).
6.1 Each application for license renewal or request for inactive status shall be submitted on or before the expiration date of the current licensing period. However, a practitioner may still renew his or her license within 60 days following the license renewal expiration date upon payment of a late fee set by the Division. Upon the expiration of 60 Sixty days following the license renewal expiration date an unrenewed license shall be deemed lapsed terminated and the practitioner must reapply pursuant to the terms of 24 Del.C. §210(b).
Statutory Authority: 24 Del.C. §210.
6.3.1 filing a renewal application prescribed by the Board and provided by the Division of Professional Regulation. Beginning in 2009, License renewal may be is accomplished online at www.dpr.delaware.gov;
7.1.2.1 Each course, seminar, session, program, or self-directed activity to be recommended for approval by the Board shall have a direct relationship to the practice of landscape architecture as defined in the Delaware Code and contain elements which will assist licensees to provide for the health, safety and welfare of the citizens of Delaware served by Delaware licensed landscape architects.
7.1.3.1 LA CESTM - Landscape Architecture Continuing Education SystemTM
7.1.4 Self-directed Activities: The Board will have the authority to allow self-directed activities to fulfill the continuing education requirements of the licensees. However, these activities must result in a book draft, published article, delivered paper, workshop, symposium, or public address within the two (2) year reporting period. Self-directed activities must advance the practitioner’s knowledge of the field and be beyond the practitioner’s normal work duties. Instructors will not be granted CE credit for studies customarily associated with their usual university or college instruction teaching loads.
7.3 The continuing education period will be from February 1 to January 31 of each biennial licensing period.
7.4 Documentation: Each licensee must retain copies of all supporting materials documenting proof of continuing education compliance for submission to the Board upon request. Supporting materials include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Board reserves its right to request additional information and/or documentation to verify continuing education compliance.
7.9 Documentation and Audit by the Board. When a licensee’s whose name or number appears on the audit list applies for renewal, the Board shall obtain documentation from the licensee showing detailed accounting of the various CEU’s claimed by the licensee. Licensees selected for random audit are required to supplement the attestation with supporting materials which may include a syllabus, agenda, itinerary or brochure published by the sponsor of the activity and a document showing proof of attendance (i.e., certificate, a signed letter from the sponsor attesting to attendance, report of passing test score). The Board reserves the right to request additional information and/or documentation to verify continuing education compliance.
8.3 Licensees on inactive status shall renew their inactive status by notification to the Division of Professional Regulation by completing the online application at www.dpr.delaware.gov and paying the appropriate fee, at the time of biennial license renewal.
Statutory Authority: 24 Del.C. §210(c).
9.1.4 If a hearing before the Board has been requested by the Deputy Attorney General, a copy of these Rules and Regulations shall be provided to the respondent upon request. The notice of hearing shall fully comply with 29 Del.C. §§10122 and 10131 pertaining to the requirements of the notice of proceedings. All notices shall be sent to the respondent’s address as reflected in the Board’s records.
9.1.7 If the respondent fails to appear at a disciplinary hearing after receiving the notice required by 29 Del.C. §10122 and 10131, the Board may proceed to hear and determine the validity of the charges against the respondent.
Statutory authority: 24 Del.C. §§213 and 215; 29 Del.C. §§10111, 10122 and 10131
Statutory authority: 24 Del.C. §§205(7)(8); 213, 214, 215.
11.1.2 Aggravated Menacing. 11 Del.C. §602(b).
11.1.10 Manslaughter. 11 Del.C. §632.
11.1.35 Theft. 11 Del.C. §841.
11.1.37 Extortion. 11 Del. C. §846.
11.1.38 Identity theft. 11 Del.C. §854.
11.1.39 Forgery. 11 Del.C. §861.
11.1.42 Bribery 11 Del.C. §881.
11.1.51 Felony Bribery. 11 Del.C. §1201.
11.1.62 Victim or Witness intimidation. 11 Del.C. §§3532 and 3533.
Last Updated: December 31 1969 19:00:00.
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