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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2014

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24 DE Admin. Code 200
The Delaware Board of Landscape Architects, pursuant to 24 Del.C. §205(a)(1), proposes to amend its rules and regulations. The proposed regulation changes address continuing education requirements and set forth a procedure by which licensees and continuing education sponsoring organizations may seek pre-approval of continuing education units. The proposed changes also bring the regulations into compliance with the Division of Professional Regulation’s operating procedures and create continuity throughout the regulations.
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 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).
Statutory Authority: 24 Del.C. §210.
7.1.1 In order for a licensee to qualify for license renewal as a landscape architect in Delaware, the licensee must have completed 20 hours of continuing education units (CEUs) acceptable to the Board within the previous two years, or be granted an extension by the Board for reasons of hardship. Such continuing education shall be obtained by active participation in courses, seminars, sessions, programs or self-directed activities approved by the Board.
7.1.1.1 For purposes of seminar or classroom continuing education, one hour of acceptable continuing education CEU shall mean 60 be no less than 50 minutes of instruction.
7.1.2 All courses, seminars, sessions and programs are acceptable for continuing education credit if sponsored by organizations listed in Rule 7.1.3. All other continuing education credits will be reviewed at the time of renewal. Courses that are not offered or sponsored by those organizations require Board approval. Licensees should request Board approval in advance of attendance. Requests for approval may be submitted afterward, but there is no guarantee of approval. These CEUs must be documented by a course agenda, syllabus, or other brief documentation that would allow the Board to assess the appropriateness of the course content. Licensees and/or sponsoring organizations may request course approval. All self-directed activities for continuing education credit allowed by rule 7.6 7.1.4 must also be pre-approved and submitted by the licensee 6 months prior to license renewal by the Board.
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 Continuing Education courses offered or sponsored by the following organizations will be automatically deemed to qualify for continuing education credit:
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, and may include time spent researching, collecting data, preparing, and producing any such book draft, published article, delivered paper, workshop, symposium or public address. Instructors will not be granted CE credit for studies customarily associated with their usual university or college instruction teaching loads.
7.5.1 Attestation may shall be completed electronically.
7.6 Hardship: The Board will consider any reasonable special request from individual licensees for continuing education credits units and procedures. The Board may, in individual cases involving physical disability, illness, or extenuating circumstances, grant an extension, not to exceed two (2) years, of time within which continuing education requirements must be completed. In cases of physical disability or illness, the Board reserves the right to require a letter from a physician attesting to the licensee’s physical condition. No extension of time shall be granted unless the licensee submits a written request to the Board prior to the expiration of the license.
7.10 Board Review. The Board shall review all documentation requested of any licensee shown on the audit list. If the Board determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Board initially determines the licensee has not met the requirements, the licensee shall be notified, and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these requirements. Unjustified noncompliance of these regulations shall be considered grounds for disciplinary action pursuant to 24 Del.C. §231(a)(6). The minimum penalty for unjustified noncompliance shall be a letter of reprimand and a $250.00 fine and in the event that the board disallows certain CEUs, the licensee shall have four months after the date of the Board’s notice that the hours have been disallowed to complete the balance of acceptable CEUs required.
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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