Rules & Regulations of the State of Tennessee Title 0695 - Landscape Architects
I. Overview of Tennessee Title 0695 – Landscape Architects
Title 0695 of the Tennessee Rules & Regulations governs the licensing, practice, and professional conduct of landscape architects in the state. It is enforced by the Tennessee Board of Landscape Architects, which operates under the Tennessee Department of Commerce & Insurance.
These regulations are designed to:
Protect the public health, safety, and welfare
Ensure competency and ethical practice in the profession
Establish licensing standards, continuing education, and disciplinary procedures
As a state administrative rule, these regulations have the force of law, and failure to comply can lead to:
License suspension or revocation
Fines or penalties
Legal liability for practicing without a license
II. Statutory Authority
Title 0695 is authorized under:
Tennessee Code Annotated (TCA) § 62-36-101 et seq., the Landscape Architects Practice Act
This statute establishes:
The Board of Landscape Architects
Powers to promulgate rules and regulations
Authority to license, discipline, and regulate the profession
The rules in Title 0695 expand and implement the statutory provisions, giving detailed guidance on professional conduct and licensing requirements.
III. Key Areas Covered by Title 0695
Title 0695 regulations typically include the following core areas:
1. Licensing Requirements
Purpose: Ensure only qualified individuals practice landscape architecture in Tennessee.
Requirements include:
Education: A degree from a Board-approved landscape architecture program
Experience: Completion of the Landscape Architectural Registration Exam (LARE) internship requirements
Examination: Passing LARE or other Board-approved examinations
Application procedures and fees
Legal principle: Practicing without a license is a violation of TCA § 62-36-110, and can result in administrative or criminal penalties.
2. Continuing Education
Licensees must:
Complete a set number of continuing education hours each renewal period
Submit proof of completion to the Board
Purpose: Maintain professional competency and ensure public safety.
Failure to comply may result in:
Denial of license renewal
Administrative sanctions
3. Professional Conduct and Ethics
The regulations define:
Standards of professional practice
Conflicts of interest
Misrepresentation or fraud
Responsibilities toward clients and the public
Legal principle: Violations of ethical rules can lead to disciplinary action, including:
License suspension
Revocation
Probation
4. Disciplinary Procedures
Title 0695 outlines:
Investigation procedures by the Board
Notice requirements to licensees
Hearings (informal and formal)
Rights to appeal Board decisions
Legal safeguard: Licensees have the right to due process, including:
Notice of charges
Opportunity to be heard
Right to appeal administrative decisions in court
5. Seal and Signature Requirements
Licensed landscape architects must stamp or sign drawings, plans, and reports
Unauthorized use of a seal is a violation
Ensures accountability and public trust in professional work
IV. Constitutional and Administrative Principles
A. Due Process
Tennessee landscape architects are entitled to notice and hearing before any license is suspended or revoked.
This is consistent with 14th Amendment procedural due process principles.
B. Administrative Law Principles
Board actions must not be arbitrary or capricious
Must follow rulemaking and enforcement procedures outlined in state law
V. Case Law Principles Relevant to Tennessee Landscape Architects
There are few cases specific to landscape architects, but broader administrative and professional licensing cases apply:
1. Tennessee Board of Architectural and Engineering Examiners v. Young
Principle: Licensing boards have broad discretion to set qualifications and enforce regulations
Courts will defer to the Board unless its action is arbitrary, capricious, or outside statutory authority
Application: Title 0695 gives the Board authority to discipline licensees; courts will uphold Board decisions if procedural requirements are met.
2. State ex rel. Kraft v. Tennessee Board of Medical Examiners
Principle: Licensees are entitled to notice and an opportunity to be heard before disciplinary action.
Courts may reverse decisions if due process is violated.
Application: Landscape architects facing sanctions under Title 0695 must receive proper notice and a fair hearing.
3. Anderson v. Tennessee Board of Nursing
Principle: A professional board’s regulations are enforceable as long as they are reasonably related to public protection.
Courts defer to the Board’s expertise in technical matters.
Application: Ethical and continuing education requirements in Title 0695 are valid if they protect the public.
4. Bennett v. Tennessee Board of Examiners
Principle: A board may revoke a license for misrepresentation, incompetence, or unethical conduct, and courts will not overturn absent clear evidence of arbitrariness.
Application: Misusing a professional seal, falsifying continuing education, or unethical conduct can justify disciplinary action.
VI. Judicial Review of Board Actions
Courts reviewing actions under Title 0695 ask:
Did the Board act within its statutory authority?
Did it follow procedures in Title 0695?
Was the decision arbitrary or capricious?
Were constitutional rights (notice, hearing) respected?
If any of these are violated, the court may:
Reverse the Board decision
Remand for further proceedings
Uphold sanctions if proper procedures were followed
VII. Practical Implications
Title 0695 ensures:
Only qualified landscape architects practice
Professionals maintain ethical and technical competence
Public safety and trust are protected
Violations can result in:
License suspension or revocation
Denial of renewal
Fines or civil liability
Potential criminal penalties for unlicensed practice
VIII. Summary
Tennessee Rules & Regulations Title 0695 – Landscape Architects:
Provides licensing, ethical, and disciplinary rules
Protects the public while ensuring professional competency
Gives the Board authority to enforce rules, subject to constitutional due process
Courts will uphold Board decisions unless they are arbitrary, capricious, or procedurally flawed
RELATED Blog
comments