Bill Text: OH SB68 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To eliminate the process for reinstatement of certificates issued by the Architects Board, to allow the Architects Board to deny renewal of, revoke, or suspend certificates issued by the Architects Board without an adjudication hearing when such a hearing is not requested, to make changes related to the laws governing landscape architects to provide for the appointment of an interim replacement official upon suspension of a public official, and to declare an emergency.

Spectrum: Strong Partisan Bill (Republican 19-1)

Status: (Passed) 2013-12-19 - Effective Date [SB68 Detail]

Download: Ohio-2013-SB68-Comm_Sub.html

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As Reported by the Senate State Government Oversight and Reform Committee

130th General Assembly Regular Session 2013-2014

S. B. No. 68

Senator Schaffer 

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A BILL

To amend sections 119.06, 4703.071, 4703.15, 4703.30,

1

4703.31, 4703.32, 4703.33, 4703.331, 4703.34,

2

4703.35, 4703.36, 4703.37, 4703.38, 4703.41,

3

4703.44, 4703.46, 4703.49, 4703.50, 4703.52,

4

4703.53, and 4703.99, to enact section 4703.411,

5

and to repeal sections 4703.42, 4703.43, and

6

4703.45 of the Revised Code to eliminate the

7

process for reinstatement of certificates issued

8

by the Architects Board, to allow the Architects

9

Board to deny renewal of, revoke, or suspend

10

certificates issued by the Architects Board

11

without an adjudication hearing when such a

12

hearing is not requested, and to make changes

13

related to the laws governing landscape

14

architects.

15

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 119.06, 4703.071, 4703.15, 4703.30,	16
4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35, 4703.36,	17
4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49, 4703.50,	18
4703.52, 4703.53, and 4703.99 be amended and section 4703.411 of	19
the Revised Code be enacted to read as follows:	20

Sec. 119.06.  No adjudication order of an agency shall be	21
valid unless the agency is specifically authorized by law to make	22
such order.	23

No adjudication order shall be valid unless an opportunity	24
for a hearing is afforded in accordance with sections 119.01 to	25
119.13 of the Revised Code. Such opportunity for a hearing shall	26
be given before making the adjudication order except in those	27
situations where this section provides otherwise.	28

The following adjudication orders shall be effective without	29
a hearing:	30

(A) Orders revoking a license in cases where an agency is	31
required by statute to revoke a license pursuant to the judgment	32
of a court;	33

(B) Orders suspending a license where a statute specifically	34
permits the suspension of a license without a hearing;	35

(C) Orders or decisions of an authority within an agency if	36
the rules of the agency or the statutes pertaining to such agency	37
specifically give a right of appeal to a higher authority within	38
such agency, to another agency, or to the board of tax appeals,	39
and also give the appellant a right to a hearing on such appeal.	40

When a statute permits the suspension of a license without a	41
prior hearing, any agency issuing an order pursuant to such	42
statute shall afford the person to whom the order is issued a	43
hearing upon request.	44

Whenever an agency claims that a person is required by	45
statute to obtain a license, it shall afford a hearing upon the	46
request of a person who claims that the law does not impose such a	47
requirement.	48

Every agency shall afford a hearing upon the request of any	49
person who has been refused admission to an examination where such	50
examination is a prerequisite to the issuance of a license unless	51
a hearing was held prior to such refusal.	52

Unless a hearing was held prior to the refusal to issue the	53
license, every agency shall afford a hearing upon the request of a	54
person whose application for a license has been rejected and to	55
whom the agency has refused to issue a license, whether it is a	56
renewal or a new license, except that the following are not	57
required to afford a hearing to a person to whom a new license has	58
been refused because the person failed a licensing examination:	59
the state medical board, state chiropractic board, board of	60
examiners of architects board, board ofOhio landscape architect	61
examinersarchitects board, and any section of the Ohio	62
occupational therapy, physical therapy, and athletic trainers	63
board.	64

When periodic registration of licenses is required by law,	65
the agency shall afford a hearing upon the request of any licensee	66
whose registration has been denied, unless a hearing was held	67
prior to such denial.	68

When periodic registration of licenses or renewal of licenses	69
is required by law, a licensee who has filed an application for	70
registration or renewal within the time and in the manner provided	71
by statute or rule of the agency shall not be required to	72
discontinue a licensed business or profession merely because of	73
the failure of the agency to act on the licensee's application.	74
Action of an agency rejecting any such application shall not be	75
effective prior to fifteen days after notice of the rejection is	76
mailed to the licensee.	77

Sec. 4703.071.  (A) The state board of examiners of	78
architects board shall establish and maintain and administer an	79
architecture education assistance program to pay applicant	80
enrollment fees for the internship program required of applicants	81
by section 4703.07 of the Revised Code.	82

(B) The board shall adopt rules in accordance with Chapter	83
119. of the Revised Code to establish all of the following:	84

(1) Applicant eligibility criteria for receipt of internship	85
program enrollment fees, which must include a requirement that	86
applicants be enrolled in an architecture education program at an	87
institution within the state that has been approved by the board	88
and accredited by the national architectural accrediting board,	89
and may include a requirement that the applicant has completed a	90
minimum amount of course work in the program as prescribed by the	91
state board by rule;	92

(2) Application procedures for payment of internship program	93
enrollment fees;	94

(3) The maximum amount of internship program enrollment fees	95
that may be provided by the architecture education assistance	96
program to an applicant;	97

(4) The total amount of internship program enrollment fees	98
that may be disbursed by the architecture education assistance	99
program in any given fiscal year;	100

(5) The means by which other matters incidental to the	101
operation of the program may be approved, including the means to	102
authorize necessary expenses for the operation of the architecture	103
education assistance program.	104

(C) The receipt of internship program enrollment fees under	105
this section shall not affect a student's eligibility for any	106
other assistance, or the amount of that assistance.	107

Sec. 4703.15. (A) The architects board may by three	108
concurring votes deny renewal of, revoke, or suspend any	109
certificate of qualification to practice architecture, issued or	110
renewed under sections 4703.10, 4703.13, and 4703.14 of the	111
Revised Code, or any certificate of authorization, issued or	112
renewed under sections 4703.13 and 4703.18 of the Revised Code, if	113
proof satisfactory to the board is presented in any of the	114
following cases:	115

(1) In case it is shown that the certificate was obtained by	116
fraud;	117

(2) In case the holder of the certificate has been found	118
guilty by the board or by a court of justice of any fraud or	119
deceit in the holder's professional practice, or has been	120
convicted of a felony by a court of justice;	121

(3) In case the holder has been found guilty by the board of	122
gross negligence, incompetency, or misconduct in the performance	123
of the holder's services as an architect or in the practice of	124
architecture;	125

(4) In case the holder of the certificate has been found	126
guilty by the board of signing plans for the construction of a	127
building as a "registered architect" where the holder is not the	128
actual architect of such building and where the holder is without	129
prior written consent of the architect originating the design or	130
other documents used in the plans;	131

(5) In case the holder of the certificate has been found	132
guilty by the board of aiding and abetting another person or	133
persons not properly registered as required by sections 4703.01 to	134
4703.19 of the Revised Code, in the performance of activities that	135
in any manner or extent constitute the practice of architecture.	136

At any time after the expiration of six months from the date	137
of the revocation or suspension of a certificate, the individual,	138
firm, partnership, association, or corporation may apply for	139
reinstatement of the certificate. Upon showing that all loss	140
caused by the individual, firm, partnership, association, or	141
corporation whose certificate has been revoked or suspended has	142
been fully satisfied and that all conditions imposed by the	143
revocation or suspension decision have been complied with, and	144
upon the payment of all costs incurred by the board as a result of	145
the case at issue, the board, at its discretion and upon evidence	146
that in its opinion would so warrant, may restore the certificate.	147

(B) In addition to disciplinary action the board may take	148
against a certificate holder under division (A) of this section or	149
section 4703.151 of the Revised Code, the board may impose a fine	150
against a certificate holder who obtained a certificate by fraud	151
or who is found guilty of any act specified in divisions (A)(2) to	152
(A)(5) of this section or who violates any rule governing the	153
standards of service, conduct, and practice adopted pursuant to	154
section 4703.02 of the Revised Code. The fine imposed shall be not	155
more than one thousand dollars for each offense but shall not	156
exceed five thousand dollars regardless of the number of offenses	157
the certificate holder has committed between the time the fine is	158
imposed and the time any previous fine was imposed.	159

(C) If a person fails to request a hearing within thirty days	160
after the date the board, in accordance with section 119.07 of the	161
Revised Code, notifies the person of the board's intent to act	162
against the person under division (A) of this section, the board	163
by a majority vote of a quorum of the board members may take the	164
action against a person without holding an adjudication hearing.	165

Sec. 4703.30.  As used in sections 4703.30 to 4703.49 of the	166
Revised Code:	167

(A) "Landscape architect," "professional landscape	168
architect," or "registered landscape architect" means a person who	169
has been registered as provided in sections 4703.30 to 4703.49 of	170
the Revised Code.	171

(B) "Landscape architecture" or "the practice of landscape	172
architecture" includes:	173

(1) The preparation of master, site, and comprehensive	174
development plans, the preparation of feasibility and site	175
selection studies, and the supervision of the execution of	176
projects thereon, in accordance with the accepted professional	177
standards of public health, welfare, and safety, where the	178
dominant purpose of such service involves:	179

(a) The preservation, conservation, enhancement, or	180
determination of proper land and water uses, natural land	181
features, ground cover and plantings, naturalistic and aesthetic	182
values, natural systems, reforestation, restoration, and	183
reclamation;	184

(b) The determination of settings, grounds, and approaches	185
for buildings and structures or other improvements; the	186
determination of environmental problems of land relating to	187
erosion and sediment control, flooding, blight and other hazards;	188
the shaping and contouring of land and water forms; the	189
determination of grades; and the determination of surface and	190
ground water drainage and providing for drainage systems where	191
such systems do not require structural design of system components	192
or a hydraulic analysis of the receiving storm water conveyance	193
system;	194

(c) The development of roadways and parkways, equestrian,	195
bicycle, and pedestrian circulation systems, sidewalks, parking,	196
planting, pools, irrigation systems, and other ancillary elements,	197
for public and private use and enjoyment.	198

(2) The preparation of construction documents, provided that	199
these are limited to and are necessary for projects within the	200
scope of the practice of landscape architecture as defined in	201
divisions (B)(1)(a), (b), and (c) of this section;	202

(3) The following services as they relate to the practice of	203
landscape architecture:	204

(a) Construction observation;

205

(b) Project coordination and review of technical submissions,	206
plans, and construction documents;	207

(c) Collaboration with architects and professional engineers	208
in the design of streets, highways, bridges, buildings, and	209
structures with respect to the functional and aesthetic	210
requirements of the area in which such facilities are to be	211
placed.	212

(4) This practice shall include the location and arrangement	213
of such tangible objects and features as are incidental and	214
necessary to the purposes outlined in this section, but shall not	215
include the design of structures or facilities with separate and	216
self-contained purposes for habitation or industry, or the design	217
of streets and highways, utilities, storm and sanitary sewers, and	218
water and sewage treatment facilities, such as are exclusive to	219
the practice of engineering or architecture. A landscape architect	220
shall undertake to perform professional services only when the	221
landscape architect is qualified by education, training, and	222
experience in the specific technical areas involved. This division	223
shall not be construed to prohibit a landscape architect from	224
engaging individuals performing services outside the scope of the	225
landscape architect's qualifications as consultants.	226

(5) The practice of landscape architecture does not include	227
the practice of surveying as defined in division (F) of section	228
4733.01 of the Revised Code.	229

(C) "Board" means the stateOhio landscape architects board	230
of landscape architect examiners.	231

Sec. 4703.31.  (A) There is hereby created the state board of	232
Ohio landscape architect examinersarchitects board. The board	233
shall consist of five members appointed by the governor. All	234
appointments made to the board shall be for a five-year term	235
commencing on the eleventh day of November and ending on the tenth	236
day of November. Each member shall hold office from the date of	237
appointment until the end of the term to which the member was	238
appointed. Any member shall continue in office subsequent to the	239
expiration date of the member's term until the member's successor	240
is appointed, or until a period of sixty days has elapsed,	241
whichever occurs first. Three of the members shall be landscape	242
architects registered under sections 4703.33 to 4703.37 of the	243
Revised Code for not less than five years prior to appointment to	244
the board. One member shall be appointed from a licensed design	245
profession and one member shall represent the public. Any member	246
of the board may be removed by the governor at any time for cause.	247

(B) In the event of a vacancy in the office of a member of	248
the board other than by reason of the expiration of a term, the	249
governor, not later than ninety days after the occurrence of the	250
vacancy, shall appoint a person to hold office for the remainder	251
of the unexpired term.	252

(C) The board shall elect from its members a president and a	253
secretary who shall hold those offices for one year.	254

(D) Each member of the board shall receive as a part of the	255
expense of the board an amount fixed pursuant to division (J) of	256
section 124.15 of the Revised Code for each day actually employed	257
in the discharge of official duties, along with other necessary	258
expenses.	259

(E) The board shall meet at least twice each calendar year	260
for purposes of transacting regular business and may hold other	261
meetings upon the call of the president or a majority of the	262
members of the board after reasonable notice to the other board	263
members of the time and place of the meeting. Three members of the	264
board constitute a quorum for the transaction of business.	265

(F) The board shall utilize the physical facilities and	266
administrative staff of the state board of examiners of architects	267
board for the discharge of all the Ohio landscape architects	268
board's administrative duties in connection with the	269
administration and enforcement of sections 4703.30 to 4703.52 of	270
the Revised Code. The state board ofOhio landscape architect	271
examinersarchitects board shall bear a proportionate share of the	272
cost of those administrative services, which shall not exceed its	273
revenue.	274

Sec. 4703.32.  (A) No person shall engage in the practice of	275
landscape architecture or use the title of "landscape architect,"	276
"professional landscape architect," or "registered landscape	277
architect" or any title, sign, card, or device indicating, or	278
tending to indicate, or represent in any manner that the person is	279
a landscape architect, professional landscape architect, or	280
registered landscape architect, unless the person is registered	281
under sections 4703.30 to 4703.49 of the Revised Code.	282

Any person registered pursuant to sections 4703.30 to 4703.99	283
of the Revised Code may be designated or known as a landscape	284
architect, professional landscape architect, or registered	285
landscape architect.	286

No person shall assume a title or use any abbreviation,	287
words, letters, or figures to indicate or imply that the person is	288
a landscape architect, professional landscape architect, or	289
registered landscape architect, unless the person is registered	290
under sections 4703.30 to 4703.49 of the Revised Code.	291

(B) Notwithstanding division (A) of this section, the Ohio	292
landscape architects board may authorize any person to use the	293
title "emeritus landscape architect." An emeritus landscape	294
architect is an individual who has been registered to practice	295
landscape architecture in this state for at least ten years, is	296
fully retired from the practice of landscape architecture, and is	297
at least sixty-five years old. An emeritus landscape architect is	298
exempt from the continuing education and fee requirements of	299
sections 4703.30 to 4703.49 of the Revised Code.	300

(C) Sections 4703.30 to 4703.49 of the Revised Code are not	301
intended to restrict or otherwise affect the right of any	302
individual to practice architecture under sections 4703.01 to	303
4703.19 of the Revised Code or engineering under sections 4733.01	304
to 4733.27 of the Revised Code. This division does not exclude a	305
registered architect from the practice of landscape architecture	306
that is incidental to the practice of architecture or exclude a	307
landscape architect from the practice of architecture that is	308
incidental to the practice of landscape architecture.	309

(C)(D) Sections 4703.30 to 4703.49 of the Revised Code do not	310
affect the right of any individual to engage in the occupation of	311
growing or marketing nursery stock or to use the title	312
"nurseryperson," "landscape nurseryperson," "gardener," "landscape	313
gardener," "landscape designer," "general contractor," "landscape	314
contractor," "land developer," "golf course architect," or "golf	315
course designer," provided that no individual shall engage in the	316
practice of landscape architecture or use the title "landscape	317
architect," "professional landscape architect," or "registered	318
landscape architect," unless the person has complied with sections	319
4703.30 to 4703.49 of the Revised Code.	320

(D)(E) Nothing in sections 4703.30 to 4703.49 of the Revised	321
Code prevents a vendor of goods, services, or materials, including	322
nurserypersons, landscape nurserypersons, gardeners, landscape	323
gardeners, landscape designers, general or landscape contractors,	324
land developers, and golf course architects or golf course	325
designers, from providing drawings or graphic diagrams that are	326
necessary for the proper layout of the vendor's goods or materials	327
for public or private land or arranging for the installation of	328
the goods or materials. Nothing in sections 4703.30 to 4703.49 of	329
the Revised Code prevents a landscape designer from engaging in,	330
for a fee, the design of spaces utilizing plant materials and	331
ancillary paving and building materials or arranging for the	332
installation of the materials. Nothing in sections 4703.30 to	333
4703.49 of the Revised Code shall be construed in any manner to	334
prohibit a person from designing or preparing drawings or	335
specifications for any real property owned by that person.	336

(E)(F) Each landscape architect, upon registration by the	337
state board ofOhio landscape architect examinersarchitects	338
board, may obtain a stamp of the design authorized by the board,	339
bearing the name of the registrant, date of registration, number	340
of certificate, and the legend "registered landscape architect,"	341
"professional landscape architect," or "landscape architect." All	342
professional documents, including maps, plans, designs, drawings,	343
specifications, estimates, and reports, issued by a registrant may	344
be stamped only while the registrant's certificate is in full	345
force and effect.	346

Sec. 4703.33.  (A) The state board ofOhio landscape	347
architect examinersarchitects board, in accordance with Chapter	348
119. of the Revised Code, may adopt, amend, and enforce rules	349
governing the standards for education, experience, services,	350
conduct, and practice to be followed in the practice of the	351
profession of landscape architecture and rules pertaining to the	352
satisfactory completion of continuing education requirements. If	353
the board adopts rules pertaining to continuing education	354
requirements, the board shall specify in the rules that the	355
continuing education requirements may be satisfied by coursework	356
or activities dealing with technical, ethical, or managerial	357
topics relevant to the practice of landscape architecture and that	358
a registrant may earn continuing professional education hours by	359
completing or teaching university or college level coursework;	360
attending seminars, workshops, or conferences; authoring relevant	361
published papers, articles, or books; receiving patent awards;	362
actively participating in professional or technical societies	363
serving the landscape architecture profession, or actively	364
participating in any other activity deemed relevant by the board.	365
If the board adopts rules pertaining to continuing education	366
requirements, the board shall, in general, follow model continuing	367
education recommendations established by the council of landscape	368
architectural registration boards or a similar successor	369
organization.	370

(B) The board, or the board's designee, shall hold	371
examinations not less than once annually and shall register as a	372
landscape architect each applicant who demonstrates to the	373
satisfaction of the board that the applicant has met all the	374
requirements of section 4703.34 of the Revised Code.	375

(C) The board shall issue to each individual registered	376
pursuant to this section a certificate of qualification.	377

(D) The board shall appoint at least one of its members as a	378
delegate to each regional and annual meeting of the council of	379
landscape architectural registration boards.	380

Sec. 4703.331.  (A) A firm, partnership, association, limited	381
liability company, or corporation may provide landscape	382
architectural services in this state as long as the services are	383
provided only through natural persons registered to provide those	384
services in this state and subject to the requirements of this	385
chapter.	386

(B) No firm, partnership, association, limited liability	387
company, or corporation shall provide landscape architectural	388
services, hold itself out to the public as providing landscape	389
architectural services, or use a name including the word	390
"landscape architect," "professional landscape architect," or	391
"registered landscape architect" or any modification or derivation	392
of the wordthose words, unless the firm, partnership,	393
association, limited liability company, or corporation files all	394
information required to be filed under this section with the state	395
board ofOhio landscape architect examinersarchitects board and	396
otherwise complies with all requirements of this chapter. A	397
nonprofit membership corporation may use a name including the word	398
"landscape architect," "professional landscape architect," or	399
"registered landscape architect" or any modification or derivation	400
of the wordthose words without complying with this section.	401

(C) A corporation may be organized under Chapter 1701. of the	402
Revised Code, a professional association may be organized under	403
Chapter 1785. of the Revised Code, or a limited liability company	404
may be formed under Chapter 1705. of the Revised Code for the	405
purpose of providing professional engineering, surveying,	406
architectural, or landscape architectural services, or any	407
combination of those services. A corporation organized under	408
Chapter 1701. of the Revised Code for the purpose of providing	409
those services also may be organized for any other purpose in	410
accordance with that chapter.	411

(D) No firm, partnership, association, limited liability	412
company, or corporation shall provide or offer to provide	413
landscape architectural services in this state unless more than	414
fifty per cent of the partners, members, or shareholders, more	415
than fifty per cent of the directors in the case of a corporation	416
or professional association, more than fifty per cent of the	417
managers in the case of a limited liability company the management	418
of which is not reserved to its members, and more than fifty per	419
cent of the trustees in the case of an employee stock ownership	420
plan, are professional engineers, surveyors, architects, or	421
landscape architects or a combination of those professions, who	422
are registered in this or any other state and who own more than	423
fifty per cent of the interests in the firm, partnership,	424
association, limited liability company, or corporation; unless the	425
requirements of this division and of section 1785.02 of the	426
Revised Code are satisfied with respect to any professional	427
association organized under Chapter 1785. of the Revised Code; or	428
unless the requirements of this division and of Chapter 1705. of	429
the Revised Code are satisfied with respect to a limited liability	430
company formed under that chapter.	431

(E) Each firm, partnership, association, limited liability	432
company, or corporation through which landscape architectural	433
services are offered or provided in this state shall designate one	434
or more trustees, partners, managers, members, officers, or	435
directors as being in responsible charge of the professional	436
landscape architectural activities and decisions, and those	437
designated persons shall be registered in this state. Each firm,	438
partnership, association, limited liability company, or	439
corporation of that type shall annually file with the state board	440
of landscape architect examiners the name and address of each	441
trustees, partner, manager, officer, director, member, or	442
shareholder, and each firm, partnership, association, limited	443
liability company, or corporation of that type shall annually file	444
with the board the name and address of all persons designated as	445
being in responsible charge of the professional landscape	446
architectural activities and decisions and any other information	447
the board may require. If there is a change in any such person in	448
the interval between filings, the change shall be filed with the	449
board in the manner and within the time that the board determines.	450

(F) No corporation organized under Chapter 1701. of the	451
Revised Code shall engage in providing landscape architectural	452
services in this state without obtaining a certificate of	453
authorization from the state board of landscape architect	454
examiners. A corporation desiring a certificate of authorization	455
shall file with the board a copy of its articles of incorporation	456
and a listing on the form that the board directs of the names and	457
addresses of all trustees, officers, directors, and shareholders	458
of the corporation, the names and addresses of any individuals	459
providing professional services on behalf of the corporation who	460
are registered to practice landscape architecture in this state,	461
and any other information the board requires. If all requirements	462
of this chapter are met, the board may issue a certificate of	463
authorization to the corporation. No certificate of authorization	464
shall be issued unless persons owning more than fifty per cent of	465
the corporation's shares and more than fifty per cent of the	466
interests in the corporation are professional engineers,	467
surveyors, architects, or landscape architects, or a combination	468
of those professions, who are registered in this or any other	469
state. Any corporation that holds a certificate of authorization	470
under this section and otherwise meets the requirements of this	471
chapter may be organized for any purposes for which corporations	472
may be organized under Chapter 1701. of the Revised Code and shall	473
not be limited to the purposes of providing professional	474
engineering, surveying, architectural, or landscape architectural	475
services or any combination of those services. The board, by rules	476
adopted in accordance with Chapter 119. of the Revised Code, may	477
require any firm, partnership, association, or limited liability	478
company not organized under Chapter 1701. of the Revised Code that	479
provides landscape architectural services to obtain a certificate	480
of authorization. If the board so requires, no firm, partnership,	481
association, or limited liability company shall engage in	482
providing landscape architectural services without obtaining the	483
certificate and complying with the rules.	484

(G) This section does not modify any law applicable to the	485
relationship between a person furnishing a professional service	486
and a person receiving that service, including liability arising	487
out of that service.	488

(H) Nothing in this section shall restrict or limit in any	489
manner the authority or duty of the state board of landscape	490
architect examiners with respect to natural persons providing	491
professional services or any law or rule pertaining to standards	492
of professional conduct.	493

Sec. 4703.34.  (A) Any individual desiring to be registered	494
as a landscape architect may apply in writing to the state board	495
ofOhio landscape architect examinersarchitects board in the	496
manner prescribed by the board.	497

(B) Except as provided in section 4703.35 of the Revised	498
Code, each application shall include, or be accompanied by,	499
evidence given under oath or affirmation and satisfactory to the	500
board that the applicant possesses the qualifications prescribed	501
by division (C) of this section and also possesses, or is in the	502
process of obtaining, one of the qualifications required by	503
division (D) of this section. Each applicant shall include in the	504
application a request for examination. The board shall permit an	505
applicant who is in the process of completing the requirement	506
specified in division (D) of this section to take an examination,	507
but the board shall not register such an applicant until the	508
applicant completes the requirement.	509

(C) Except as provided in section 4703.35 of the Revised	510
Code, each applicant for registration as a landscape architect	511
shall pass, to the satisfaction of the board, an examination	512
conducted under the authority of the board to determine the	513
fitness of the applicant for registration. The applicant shall be	514
at least eighteen years of age and of good moral character and	515
shall have obtained a professional degree in landscape	516
architecture from a program accredited by the national landscape	517
architect accrediting board.	518

(D) In addition to the qualifications required by division	519
(C) of this section, the applicant shall meet either of the	520
following requirements:	521

(1) Has completed three years of practical experience in the	522
office of and under the direct supervision of a registered	523
landscape architect who is actively involved in the practice of	524
landscape architecture, or equivalent experience, as determined by	525
the board, provided that at least one year of the practical	526
experience or its equivalent as required by division (D)(1) of	527
this section shall have been completed by the applicant subsequent	528
to the completion of the educational requirements established by	529
division (C) of this section;	530

(2) Has completed the requirements for training under an	531
internship program established pursuant to rules adopted by the	532
board that includes, but is not limited to, training in design and	533
construction documents and construction administration and office	534
management, or has equivalent experience that is acceptable to the	535
board.	536

Sec. 4703.35.  The state board ofOhio landscape architect	537
examinersarchitects board shall register as a landscape architect	538
any individual who is at least eighteen years of age and who	539
provides evidence satisfactory to the board that hethe individual	540
is a registered or licensed landscape architect in another sate	541
state or country in which the qualifications, at the time of	542
licensure, were substantially equal, in the opinion of the board,	543
to the requirements for registration as a landscape architect in	544
this state. The board may require that an applicant for	545
registration under this section hold a current council record or	546
certificate in good standing issued by the council of landscape	547
architectural registration boardboards.	548

Sec. 4703.36.  (A) The state board ofOhio landscape	549
architect examinersarchitects board shall register as a landscape	550
architect each applicant who demonstrates to the satisfaction of	551
the board that the applicant has met all requirements of section	552
4703.34 of the Revised Code or, in lieu thereof, has complied with	553
section 4703.35 of the Revised Code. The certificate issued to	554
each individual shall be prima-facie evidence of the right of the	555
individual to whom it is issued to represent self as a landscape	556
architect and to enter the practice of landscape architecture,	557
subject to sections 4703.30 to 4703.49 of the Revised Code.	558

(B) Each certificate of qualification issued and registered	559
shall authorize the holder to practice landscape architecture as a	560
landscape architect in this state until the last day of October	561
December of each odd-numberedeven-numbered calendar year, unless	562
revoked or suspended for cause as provided in this chapter or	563
suspended pursuant to section 3123.47 of the Revised Code. License	564
renewal shall be conducted in accordance with the standard license	565
renewal procedure in Chapter 4745. of the Revised Code. Each	566
applicant for license renewal shall demonstrate satisfactory	567
completion of any continuing education requirements the state	568
board of landscape architect examiners adopts under section	569
4703.33 of the Revised Code. Each renewal shall be recorded in the	570
official register of the board.	571

(C) Each person registered by the board shall secure a seal	572
of the design prescribed by the board. All plans, specifications,	573
drawings, and other documents prepared by, or under the direct	574
supervision of, the landscape architect shall be imprinted with	575
the seal in accordance with the requirements of the board.	576

(D) Each certificate of authorization issued under division	577
(F) of section 4703.331 of the Revised Code shall authorize the	578
holder to provide landscape architectural services, through the	579
landscape architect designated as being in responsible charge of	580
the landscape architectural activities and decisions, from the	581
date of issuance until the last day of June next succeeding the	582
date upon which the certificate was issued unless the certificate	583
has been suspended or revoked for cause as provided in section	584
4703.424703.41 of the Revised Code.	585

Sec. 4703.37.  (A) The state board ofOhio landscape	586
architect examinersarchitects board shall establish an	587
application fee for obtaining registration under section 4703.34	588
of the Revised Code and a fee for obtaining registration under	589
section 4703.35 of the Revised Code.	590

(B) The fee to restore an expired certificate of	591
qualification is the renewal fee for the current certification	592
period, plus the renewal fee for each previous renewal period in	593
which the certificate was not renewed, plus a penalty of	594
twenty-five per cent of the total renewal fees for each renewal	595
period or part thereof in which the certificate was not renewed,	596
on the condition that the maximum fee shall not exceed an amount	597
established by the board.	598

(C) The board also shall establish the following fees:

599

(1) The fee for taking or retaking the examination described	600
in division (C) of section 4703.34 of the Revised Code at an	601
amount adequate to cover the expenses of procuring and grading the	602
examination plus a fee for retaking all or parts of the required	603
examination.	604

(2) The fee for a certificate of qualification or duplicate	605
thereof, as issued to a landscape architect registered under	606
sections 4703.33 to 4703.38 of the Revised Code.	607

(3)(2) The fee for the biennial renewal of the certificate of	608
qualification and the fee for a duplicate renewal card.	609

(4)(3) The fee to be charged an examinee for administering an	610
examination to the examinee on behalf of another jurisdiction.	611

(5)(4) The fee for a certificate of authorization issued	612
under division (F) of section 4703.331 of the Revised Code, the	613
fee for annual renewal of a certificate of authorization, and the	614
fee for a duplicate certificate of authorization.	615

(6)(5) The fee to cover costs for checks or other instruments	616
returned to the board by financial institutions due to	617
insufficient funds.	618

Sec. 4703.38.  The board ofOhio landscape architect	619
examinersarchitects board shall promulgate rules setting fees in	620
accordance with section 4703.37 of the Revised Code, and governing	621
the application, examination procedure, renewal, revocation,	622
denial, or failure to renew registration in accordance with	623
Chapter 119. of the Revised Code.	624

Sec. 4703.41.  The state board ofOhio landscape architect	625
examinersarchitects board may refuse to register any applicant or	626
refuse to issue a certificate of authorization to any applicant,	627
may refuse to renew the registration of any landscape architect	628
registered under sections 4703.30 to 4703.49 or a certificate of	629
authorization issued under division (F) of section 4703.331 of the	630
Revised Code, or may suspend for a period not exceeding one year	631
or revoke the registration of any landscape architect registered	632
under sections 4703.30 to 4703.49 of the Revised Code or a	633
certificate of authorization issued under division (F) of section	634
4703.331 of the Revised Code, or may fine a person when the	635
registrant or, holder of a certificate of authorization, or other	636
person does any of the following:	637

(A) Has obtained or attempted to obtain registration or a	638
certificate of authorization under sections 4703.30 to 4703.49 of	639
the Revised Code by fraud or material misrepresentation or by	640
false oath or affirmation;	641

(B) Is impersonating or has attempted to impersonate a	642
landscape architect or a former landscape architect;	643

(C) Is found by the board to have been guilty of fraud,	644
deceit, or gross negligence in the practice of landscape	645
architecture or in providing landscape architectural services;	646

(D) Has affixed the registrant's or certificate holder's	647
signature to plans, drawings, specifications, or other	648
professional documents that have not been prepared by the	649
registrant or certificate holder or under the registrant's or	650
certificate holder's immediate and responsible direction, or has	651
permitted the registrant's or certificate holder's name to be used	652
for the purpose of assisting any individual, not a landscape	653
architect, to evade sections 4703.30 to 4703.49 of the Revised	654
Code;	655

(E) Fails the examination under section 4703.33 of the	656
Revised Code;	657

(F) Is found by the board to have violated any rule governing	658
the standards for education, experience, services, conduct, and	659
practice or any rule adopted by the board under sections 4703.30	660
to 4703.49 of the Revised Code;	661

(G) Fails to comply with any disciplinary sanction issued by	662
the board.	663

Sec. 4703.411. (A) No person shall do any of the following:

664

(1) Obtain or attempt to obtain registration or a certificate	665
of authorization under sections 4703.30 to 4703.49 of the Revised	666
Code by fraud or material representation or by false oath or	667
affirmation;	668

(2) Impersonate or attempt to impersonate a landscape	669
architect or former landscape architect;	670

(3) Recklessly engage in fraud, deceit, or gross negligence	671
in the practice of landscape architecture or in providing	672
landscape architectural services.	673

(B) No registrant or certificate holder shall do either of	674
the following:	675

(1) Affix the registrant's or certificate holder's signature	676
to plans, drawings, specifications, or other professional	677
documents that have not been prepared by the registrant or	678
certificate holder or under the registrant's or certificate	679
holder's immediate and responsible direction;	680

(2) Permit the registrant's or certificate holder's name to	681
be used for the purpose of assisting any individual, not a	682
landscape architect, to evade sections 4703.30 to 4703.49 of the	683
Revised Code.	684

Sec. 4703.44. Unless otherwise provided in section 4703.42	685
of the Revised Code, theThe administrative procedures of the	686
state board ofOhio landscape architect examinersarchitects board	687
shall be governed by Chapter 119. of the Revised Code, and the	688
president of the board and the president'sboard's authorized	689
representatives may administer oaths, take depositions, and issue	690
subpoenas to compel the attendance of witnesses and the production	691
of books, papers, records, memoranda, or other information	692
necessary to the carrying out of sections 4703.30 to 4703.52 of	693
the Revised Code.	694

If a person fails to request a hearing within thirty days	695
after the date the board, in accordance with section 119.07 of the	696
Revised Code, notifies the person of the board's intent to act	697
against the person under section 4703.41 of the Revised Code, the	698
board, by a majority vote of a quorum of the board members, may	699
take the action against a person without holding an adjudication	700
hearing.	701

Sec. 4703.46.  (A) The state board ofOhio landscape	702
architect examinersarchitects board, upon its own motion or upon	703
the verified complaint in writing of any person, may investigate	704
any alleged violation of sections 4703.30 to 4703.52 of the	705
Revised Code. The board, in its discretion, may disregard any	706
complaint filed more than two years after the act or omission	707
alleged as a violation of those sections.	708

(B) The board may apply to any court of competent	709
jurisdiction for relief by injunction or restraining order to	710
enjoin or restrain a person, firm, corporation, partnership,	711
limited liability company, or other group or combination of	712
persons from the commission of any act that is prohibited by	713
sections 4703.30 to 4703.52 of the Revised Code or by rules	714
adopted by the board under sections 4703.30 to 4703.49 of the	715
Revised Code that govern the standards of service, conduct, and	716
practice to be followed in the practice of landscape architecture.	717

Sec. 4703.49.  The attorney general is hereby designated as	718
the legal advisor of the state board ofOhio landscape architect	719
examinersarchitects board.	720

The prosecuting attorney in each of the counties shall	721
prosecute by court action all violations of sections 4703.30 to	722
4703.52 of the Revised Code occurring in the prosecuting	723
attorney's jurisdiction as may be presented for prosecution by the	724
board or the board's designee.	725

Sec. 4703.50.  All receipts of the architects board and state	726
board ofOhio landscape architect examinersarchitects board shall	727
be deposited in the state treasury to the credit of the	728
occupational licensing and regulatory fund. All expenditures of	729
the boards shall be paid pursuant to vouchers approved by the	730
secretary or executive secretary of the architects board, or both,	731
as authorized by the board.	732

Sec. 4703.52.  On receipt of a notice pursuant to section	733
3123.43 of the Revised Code, the architects board and the state	734
board ofOhio landscape architects examinersboard shall comply	735
with sections 3123.41 to 3123.50 of the Revised Code and any	736
applicable rules adopted under section 3123.63 of the Revised Code	737
with respect to a certificate issued pursuant to this chapter.	738

Sec. 4703.53.  The architects board and the state board of	739
Ohio landscape architect examinersarchitects board shall comply	740
with section 4776.20 of the Revised Code.	741

Sec. 4703.99.  (A) Whoever violates division (A) of section	742
4703.18 or section 4703.411 of the Revised Code is guilty of a	743
misdemeanor of the third degree; for each subsequent offense such	744
person is guilty of a misdemeanor of the first degree.	745

(B) Whoever violates sections 4703.30 to 4703.49section	746
4703.32 of the Revised Code shall be fined not less than fifty nor	747
more than two hundred dollars for the first offense; for each	748
subsequent offense such person shall be fined not less than two	749
hundred nor more than five hundred dollars.	750

Section 2.  That existing sections 119.06, 4703.071, 4703.15,	751
4703.30, 4703.31, 4703.32, 4703.33, 4703.331, 4703.34, 4703.35,	752
4703.36, 4703.37, 4703.38, 4703.41, 4703.44, 4703.46, 4703.49,	753
4703.50, 4703.52, 4703.53, and 4703.99, and sections 4703.42,	754
4703.43, and 4703.45 of the Revised Code are hereby repealed.	755

Section 3. The amendments to section 4703.36 of the Revised	756
Code shall not apply to certificates of qualification issued prior	757
to the effective date of this act. A certificate of qualification	758
issued prior to the effective date of this act shall authorize the	759
holder to practice landscape architecture as a landscape architect	760
in this state until October 31, 2013, unless revoked or suspended	761
for cause as provided in Chapter 4703. of the Revised Code or	762
suspended pursuant to section 3123.47 of the Revised Code. The	763
holder may renew the certificate in accordance with division (B)	764
of section 4703.36 of the Revised Code, as amended by this act, on	765
or after October 31, 2013.	766

Section 4.  Section 4703.32 of the Revised Code is presented	767
in this act as a composite of the section as amended by both Sub.	768
H.B. 214 and Am. Sub. H.B. 337 of the 124th General Assembly. The	769
General Assembly, applying the principle stated in division (B) of	770
section 1.52 of the Revised Code that amendments are to be	771
harmonized if reasonably capable of simultaneous operation, finds	772
that the composite is the resulting version of the section in	773
effect prior to the effective date of the section as presented in	774
this act.	775