DEPARTMENT OF STATE

Division of Professional Regulation

Board of Landscape Architecture

FINAL

ORDER

200 Board of Landscape Architecture

NATURE AND STAGE OF THE PROCEEDINGS

On October 1, 2014, the Delaware Board of Landscape Architects published proposed changes to its regulations in the Delaware Register of Regulations, Volume 18, Issue 4. 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 February 12, 2015 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.

SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

At the time of the deliberations, the Board considered the following documents:

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.

There was no verbal testimony given at the public hearing on February 12, 2015. No written comments were received by the Board during the initial thirty day public comment period; nor were any written comments received after the public hearing during the fifteen day 29 Del.C. §10118(a) second public comment period.

FINDINGS OF FACT AND CONCLUSIONS

1. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed amendments to the Board's regulations.

2. There were no public comments provided to the Board during the two written public comment periods, or the public hearing.

3. Pursuant to 24 Del.C. §205(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.

4. The proposed revisions to Rules 7.0, et. seq. 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.

5. Having received no public comments, the Board finds no reason to amend the regulations as proposed.

DECISION AND EFFECTIVE DATE

The Board hereby adopts the changes to its rules and regulations as proposed, to be effective 10 days following publication of this order in the Register of Regulations. The new regulations are attached hereto as Exhibit A.

SO ORDERED this 14th day of May, 2015.

BY THE DELAWARE BOARD OF LANDSCAPE ARCHITECTS

200 Board of Landscape Architecture

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.

1.5 The Board shall not consider an application for licensure until all items described in sections 1.1, 1.2, 1.3, 1.4, and 4.0 of the rules have been submitted to the Board’s office.

1.6 The Board reserves the right to retain as a permanent part of the application any or all documents submitted.

1.7 The examination shall be the Council of Landscape Architectural Registration Board’s (“CLARB”) current national examination. CLARB establishes a passing score for each section of the national examination.

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.

2.3 A passing exam score for purposes of reciprocity shall be the passing score set by CLARB, or the passing score accepted by the Delaware Board, for the year in which the exam was taken.

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.

4.1.1 An applicant who does not have a degree but has 2 years of acceptable courses in landscape architecture taken from a school or college of landscape architecture approved or accredited by the American Society of Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects in accordance with 24 Del.C. §206(2). Must also demonstrate at least 4 years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect.

4.1.2 An applicant with a degree from a school or college of landscape architecture accredited by the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects must demonstrate at least 2 years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect.

4.2 Only one license shall be issued to a licensed landscape architect, except for a duplicate issued to replace a lost or destroyed license.

5.1 Technical Requirements

5.1.1 For the purpose of signing and sealing drawings, specifications, contract documents, plans, reports and other documents (hereinafter collectively referred to as “drawings”), each landscape architect shall provide him or herself with an individual seal of design and size as approved by the Board to be used as hereinafter directed on documents prepared by him or her or under his/her direct supervision for use in the State of Delaware.

5.1.2 The application of the seal impression or rubber stamp to the first sheet of the bound sheets of the drawings (with index of drawings included), title page of specifications, and other drawings and contract documents shall constitute the licensed landscape architect’s stamp.

5.1.3 The seal to be used by a licensee of the Board shall be of the embossing type or a rubber stamp, and have two (2) concentric circles. The outside circle measures across the center 1 13/16 inches. The inner circle shall contain only the words “NO.” and “State of Delaware.” At the bottom the words “Registered Landscape Architect” reading counterclockwise, and at the top the name of the licensee.

5.1.4 An impression of the seal is to be submitted to the Board to be included in the licensee’s records.

5.2 Use of the Seal

5.2.1 A landscape architect shall not sign or seal drawings unless they were prepared by him/her or under his/her direct supervision.

5.2.2 “Supervision” for purposes of signing and/or sealing drawings shall mean direct supervision, involving responsible control over and detailed professional knowledge of the contents of the drawings throughout their preparation. Reviewing, or reviewing and correcting, drawings 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 drawings throughout their preparation.

5.2.3 The seal appearing on any drawings shall be prima facie evidence that said drawings were prepared by or under the direct supervision of the individual who signed and/or sealed the drawings. Signing or sealing of drawings prepared by another shall be a representation by the registered landscape architect that he/she has detailed professional knowledge of and vouches for the contents of the drawings.

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 expiration date upon payment of a late fee set by the Division. Sixty days following the license expiration date an unrenewed license shall be deemed terminated and the practitioner must reapply pursuant to the terms of 24 Del.C. §210(b).

6.2 It shall be the responsibility of all licensees to keep the Board and the Division informed of any change in name, home or business address.

Statutory Authority: 24 Del.C. §210.

6.3 Renewal may be effected by:

6.3.1 filing a renewal application prescribed by the Board and provided by the Division of Professional Regulation. License renewal is accomplished online at www.dpr.delaware.gov;

6.3.2 providing other information as may be required by the Board to ascertain the licensee’s good standing;

6.3.3 attesting on the renewal application to the completing of continuing education as required by Rule 6.0.

6.3.4 payment of fees as determined by the Division of Professional Regulation.

7.1 General Statement: Each licensee shall be required to meet the continuing education requirements of these guidelines for professional development as a condition for license renewal. Continuing education obtained by a licensee should maintain, improve or expand skills and knowledge obtained prior to initial licensure, or develop new and relevant skills and knowledge.

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

7.1.3.2 American Society of Landscape Architects (National and local/chapter levels)

7.1.3.3 Council of Landscape Architectural Registration Boards

7.1.3.4 American Planning Association

7.1.3.5 American Institute of Certified Planners

7.1.3.6 Delaware Department of Natural Resources (DNREC) Division of Soil and Water Conservation, seminars or educational programs dealing with sediment erosion and control

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.

7.1.4.1 The Board may, upon request, review and approve credit for self-directed activities in a given biennial licensing period. A licensee must obtain pre-approval of the Board prior to undertaking the self-directed activity in order to assure continuing education credit for the activity. Any self-directed activity submitted for approval must include a written proposal outlining the scope of the activity, the number of continuing education hours requested, the anticipated completion date(s), the role of the licensee in the case of multiple participants and whether any part of the self-directed activity has ever been previously approved or submitted for credit by the same licensee. Determination of credit will be made by the Board upon review of the completed final project.

7.2 Each licensed landscape architect shall complete, biennially, 20 units of continuing education as a condition of license renewal.

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.

7.5 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the Requirement of Rule 7.0.

7.5.1 Attestation may shall be completed electronically.

7.5.2 Licensees selected for random post renewal audit will be required to supplement the attestation with attendance verification pursuant to Rule 7.9.

7.5.3 Each licensed landscape architect shall complete, biennially, 20 units of continuing education as a condition of license renewal.

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.

7.7 Exemptions: New licensees by way of uniform national examination or by way of reciprocity shall be exempt from the continuing education requirements set forth herein for their first renewal period. Statutory Authority: 24 Del.C. §205(12).

7.8 Audit. Each biennium, the Division of Professional Regulation shall randomly select from the list of renewed licensees a percentage, determined by the Board, of the licensees to be audited. The Board may also audit based on complaints or charges against an individual license, relative to compliance with continuing education requirements or based on a finding of past non-compliance during prior audits.

7.9 Documentation and Audit by the Board. When a licensee’s name or number appears on the audit list, the Board shall obtain documentation from the licensee showing detailed accounting of the various CEU’s claimed by the licensee. Licensees selected for 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.

7.9.1 The Board shall attempt to verify the CEUs shown on the documentation provided by the licensee. The Board shall then review the documentation and verification. Upon completion of the review, the Board shall decide whether the licensee's CEU’s meet the requirements of these rules and regulations. The licensee shall sign and seal all verification documentation with a Board approved seal.

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.

7.11 Non-compliance – Extenuating Circumstances. A licensee applying for renewal may request an extension and be given up to an additional twelve (12) months to make up all outstanding required CEUs providing he/she can show good cause why he/she was unable to comply with such requirements at the same time he/she applies for renewal. The licensee must state the reason for such extension along with whatever documentation he/she feels is relevant. The Board shall consider requests such as extensive travel outside the United States, military service, extended illness of the licensee or his/her immediate family, or a death in the immediate family of the licensee. The written request for extension must accompany the renewal application. The Board shall issue an extension when it determines that one or more of these criteria have been met or if circumstances beyond the control of the licensee have rendered it impossible for the licensee to obtain the required CEU’s. A licensee who has successfully applied for an extension under this paragraph shall make up all outstanding hours of continuing education within the extension period approved by the Board.

7.12 Appeal. Any licensee denied renewal pursuant to these rules and regulations may contest such ruling by filing an appeal of the Board’s final order pursuant to the Administrative Procedures Act.

8.1 A licensee may, upon written request to the Board, place his/her license on inactive status for up to ten (10) years.

8.2 A licensee who has been granted inactive status and who wishes to re-enter the practice of landscape architecture, shall submit a written request to the Board along with a pro-rated renewal fee and proof of completion of twenty (20) hours of continuing education for each biannual period of inactive status.

8.3 Licensees on inactive status shall renew their inactive status 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 Disciplinary proceedings against any licensee may be initiated by an aggrieved person by submitting a complaint in writing to the Director of the Division of Professional Regulation as specified in 29 Del.C. §8807(h)(1)-(3).

9.1.1 A copy of the written complaint shall be forwarded to the administrative assistant for the Board. At the next regularly scheduled Board meeting, a contact person for the Board shall be appointed and a copy of the written complaint given to that person.

9.1.2 The contact person appointed by the Board shall maintain strict confidentiality with respect to the contents of the complaint and shall not discuss the matter with other Board members or with the public. The contact person shall maintain contact with the investigator or deputy attorney general assigned to the case regarding the progress of the investigation.

9.1.3 In the instance when the case is being closed by the Division, the contact person shall report the facts and conclusions to the Board without revealing the identities of the parties involved. No vote of the Board is necessary to close the case.

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.

9.1.5 At any disciplinary hearing, the respondent shall have the right to appear in person or be represented by counsel, or both. The Respondent shall have the right to produce evidence and witnesses on his or her behalf and to cross examine witnesses. The Respondent shall be entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of documents on his or her behalf.

9.1.6 No less than 10 days prior to the date set for a disciplinary hearing, the Department of Justice and the respondent shall submit to the Board and to each other, a list of the witnesses they intend to call at the hearing. Witnesses not listed shall be permitted to testify only upon a showing of reasonable cause for such omission.

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

9.2 Hearing procedures

9.2.1 The Board may administer oaths, take testimony, hear proofs and receive exhibits into evidence at any hearing. All testimony at any hearing shall be under oath.

9.2.2 Strict rules of evidence shall not apply. All evidence having probative value commonly accepted by reasonably prudent people in the conduct of their affairs shall be admitted.

9.2.3 An attorney representing a party in a hearing or matter before the Board shall notify the Board of the representation in writing as soon as practicable.

9.2.4 Requests for postponements of any matter scheduled before the Board shall be submitted to the Board’s office in writing no less than three (3) days before the date scheduled for the hearing. Absent a showing of exceptional hardship, there shall be a maximum of one postponement allowed to each party to any hearing.

9.2.5 A complaint shall be deemed to “have merit” and the Board may impose disciplinary sanctions against the licensee if a majority of the members of the Board find, by a preponderance of the evidence, that the respondent has committed the act(s) of which he or she is accused and that those act(s) constitute grounds for discipline pursuant to 24 Del.C. §213.

Statutory authority: 24 Del.C. §§205(7)(8); 213, 214, 215.

10.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.

10.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.

10.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).

10.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.

10.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in section 10.8.

10.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:

10.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.

10.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.

10.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.

10.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.

10.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.

10.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.

10.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.

10.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.

10.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.

10.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.

10.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.

10.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.

11.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of landscape architecture in the State of Delaware without regard to the place of conviction:

11.1.1 Conspiracy in the first degree. 11 Del.C. §513.

11.1.2 Aggravated Menacing. 11 Del.C. §602(b).

11.1.3 Reckless endangering in the first degree. 11 Del.C. §604.

11.1.4 Abuse of a pregnant female in the second degree. 11 Del. C. §605.

11.1.5 Abuse of a pregnant female in the first degree. 11 Del.C. §606.

11.1.6 Assault in the second degree. 11 Del.C. §612.

11.1.7 Assault in the first degree. 11 Del.C. §613.

11.1.8 Terroristic threatening; felony. 11 Del.C. §621.

11.1.9 Vehicular homicide in the first degree. 11 Del.C. §630A.

11.1.10 Manslaughter. 11 Del.C. §632.

11.1.11 Murder by abuse or neglect in the second degree. 11 Del.C. §633.

11.1.12 Murder by abuse or neglect in the first degree. 11 Del.C. §634.

11.1.13 Murder in the second degree. 11 Del.C. §635.

11.1.14 Murder in the first degree. 11 Del.C. §636.

11.1.15 Unlawful sexual contact in the second degree. 11 Del.C. §768.

11.1.16 Unlawful sexual contact in the first degree. 11 Del.C. §769.

11.1.17 Rape in the fourth degree. 11 Del.C. §770.

11.1.18 Rape in the third degree. 11 Del.C. §771.

11.1.19 Rape in the second degree. 11 Del.C. §772.

11.1.20 Rape in the first degree. 11 Del.C. §773.

11.1.21 Sexual extortion. 11 Del.C. §776.

11.1.22 Continuous sexual abuse of a child. 11 Del.C. §778.

11.1.23 Female genital mutilation. 11 Del.C. §780.

11.1.24 Unlawful imprisonment in the first degree. 11 Del.C. §782.

11.1.25 Kidnapping in the second degree. 11 Del.C. §783.

11.1.26 Kidnapping in the first degree. 11 Del.C. §783A.

11.1.27 Arson in the second degree. 11 Del.C. §802.

11.1.28 Arson in the first degree. 11 Del.C. §803.

11.1.29 Burglary in the second degree. 11 Del.C. §825.

11.1.30 Burglary in the first degree. 11 Del.C. §826.

11.1.31 Robbery in the second degree. 11 Del.C. §831.

11.1.32 Robbery in the first degree. 11 Del.C. §832.

11.1.33 Carjacking in the second degree. 11 Del.C. §835.

11.1.34 Carjacking in the first degree. 11 Del.C. §836.

11.1.35 Theft. 11 Del.C. §841.

11.1.36 Theft; false pretenses. 11 Del.C. §843

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.

11.1.40 Tampering with public records in the first degree. 11 Del.C. §876.

11.1.41 Issuing a false certificate. 11 Del.C. §878.

11.1.42 Bribery 11 Del.C. §881.

11.1.43 Receiving a bribe 11 Del.C. §882.

11.1.44 Criminal impersonation of a police officer. 11 Del.C. §907B.

11.1.45 Insurance fraud. 11 Del.C. §913.

11.1.46 Dealing in children. 11 Del.C. §1100.

11.1.47 Endangering the welfare of a child. 11 Del.C. §1102.

11.1.48 Sexual exploitation of a child. 11 Del.C. §1108.

11.1.49 Unlawfully dealing in child pornography. 11 Del.C. §1109.

11.1.50 Possession of child pornography. 11 Del.C. §1111.

11.1.51 Felony Bribery. 11 Del.C. §1201.

11.1.52 Felony Receiving a Bribe. 11 Del.C. §1203.

11.1.53 Perjury in the second degree. 11 Del.C. §1222.

11.1.54 Perjury in the first degree. 11 Del.C. §1223.

11.1.55 Terroristic threatening of public officials or public servants. 11 Del. C. §1240.

11.1.56 Unlawfully dealing with a dangerous weapon. 11 Del.C. §1445.

11.1.57 Possession of a deadly weapon during commission of a felony. 11 Del.C. §1447.

11.1.58 Possession of a firearm during commission of a felony. 11 Del.C. §1447A.

11.1.59 Possession and purchase of deadly weapons by persons prohibited. 11 Del.C. §1448.

11.1.60 Removing a firearm from the possession of a law enforcement officer. 11 Del.C. §1458.

11.1.61 Criminal Penalties, Organized Crime and Racketeering. 11 Del.C. §1504.

11.1.62 Victim or Witness intimidation. 11 Del.C. §§3532 and 3533.

11.1.63 Prohibited acts A under the Uniform Controlled Substances Act. 16 Del.C. §4751(a), (b) and (c).

11.1.64 Prohibited acts B under the Uniform Controlled Substances Act. 16 Del.C. §4752(a) and (b).

11.1.65 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (L.S.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).

11.2 Crimes substantially related to the practice of landscape architecture shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.