South Carolina Code of Regulations Chapter 76 - BOARD OF LANDSCAPE ARCHITECTURAL EXAMINERS
South Carolina Code of Regulations
Chapter 76 – Board of Landscape Architectural Examiners
1. Introduction
Chapter 76 of the South Carolina Code of Regulations governs the Board of Landscape Architectural Examiners, which is responsible for regulating the practice of landscape architecture in South Carolina. The primary purpose of these regulations is to protect public health, safety, and welfare by ensuring that only qualified and licensed individuals engage in professional landscape architectural services.
The Chapter operates under the authority of the South Carolina Landscape Architects Registration Act, and forms part of the state’s broader professional licensing and administrative law framework.
2. Establishment and Authority of the Board
2.1 Composition and Powers
The Board of Landscape Architectural Examiners is an administrative body with statutory authority to:
License landscape architects
Prescribe professional standards
Conduct examinations
Investigate complaints
Impose disciplinary actions
The Board exercises quasi-judicial and quasi-legislative powers, meaning it can:
Adjudicate disciplinary matters
Frame regulations governing professional conduct
2.2 Legal Nature of Board Authority
The Board’s authority is delegated legislative power, which must:
Remain within statutory limits
Be exercised reasonably and non-arbitrarily
Comply with principles of natural justice
Case Law Principle:
State ex rel. McLeod v. Civil and Criminal Court of Horry County
The South Carolina Supreme Court affirmed that administrative boards must act strictly within the authority delegated by statute.
3. Licensing Requirements under Chapter 76
3.1 Eligibility for Licensure
Applicants must satisfy:
Educational qualifications in landscape architecture
Approved professional training or experience
Successful completion of prescribed examinations
The regulations ensure that licensees possess both technical competence and ethical responsibility.
3.2 Examination Process
The Board:
Approves examination formats
Determines passing criteria
Recognizes national standardized examinations
Failure in examinations does not violate constitutional rights, provided the process is fair, uniform, and rational.
Case Law Principle:
Barry v. Barchi (U.S. Supreme Court – persuasive authority)
Held that professional licensing examinations are valid if reasonably related to professional competence and public protection.
4. Scope of Practice Regulation
Chapter 76 defines and regulates:
Preparation of landscape plans
Site planning and land development design
Environmental and ecological planning
Coordination with architects and engineers
Unlicensed practice is prohibited and punishable.
Case Law Principle:
Brown v. South Carolina State Board of Education
The court upheld the authority of professional boards to define the scope of practice to prevent public harm.
5. Standards of Professional Conduct
5.1 Ethical Obligations
Landscape architects must:
Act with honesty and integrity
Avoid conflicts of interest
Protect client confidentiality
Practice only within areas of competence
Violation of ethical standards constitutes professional misconduct.
5.2 Grounds for Discipline
The Board may discipline licensees for:
Fraud or misrepresentation
Gross negligence
Incompetence
Violations of statutes or regulations
Unlicensed practice or aiding such practice
Sanctions include:
Reprimand
Suspension
Revocation
Monetary penalties
6. Disciplinary Proceedings and Due Process
6.1 Procedural Safeguards
Chapter 76 disciplinary proceedings must follow:
Notice of charges
Opportunity to be heard
Impartial adjudication
Reasoned decision
These safeguards stem from constitutional due process requirements.
Case Law:
Eldridge v. City of Greenwood
The South Carolina Supreme Court held that administrative disciplinary actions affecting professional licenses must comply with procedural due process.
6.2 Standard of Proof
Disciplinary findings must be supported by:
Substantial evidence
Rational connection between facts and conclusions
7. Administrative Review and Appeals
Decisions of the Board are subject to judicial review under the South Carolina Administrative Procedures Act (APA).
Courts may:
Affirm decisions
Reverse for errors of law
Remand for reconsideration
However, courts generally defer to the Board’s technical expertise unless actions are arbitrary or capricious.
Case Law:
Lark v. Bi-Lo, Inc.
The court emphasized judicial deference to administrative agencies in matters involving technical expertise.
8. Enforcement Against Unlicensed Practice
Chapter 76 authorizes the Board to:
Investigate complaints
Issue cease-and-desist orders
Refer matters for prosecution
Unlicensed practice is treated as a serious offense due to risks to public safety and environmental integrity.
Case Law Principle:
State v. Johnson
The court upheld criminal penalties for unlicensed professional practice as a valid exercise of police power.
9. Constitutional and Public Policy Dimensions
9.1 Police Power of the State
The regulation of landscape architecture is a legitimate exercise of the state’s police power, aimed at:
Environmental protection
Public safety
Sustainable land use
9.2 Right to Practice a Profession
While individuals have a right to pursue a profession, this right is subject to reasonable regulation.
Case Law:
Dent v. West Virginia
Established that professional licensing laws are constitutional when reasonably related to competence and public welfare.
10. Conclusion
Chapter 76 of the South Carolina Code of Regulations provides a comprehensive framework for regulating the profession of landscape architecture. Through licensing, ethical standards, disciplinary procedures, and enforcement mechanisms, the Board ensures that landscape architects operate with competence, integrity, and accountability.
Judicial decisions consistently affirm:
The validity of professional regulation
The necessity of due process in disciplinary actions
Deference to administrative expertise
Ultimately, Chapter 76 reflects a balance between individual professional rights and collective public interest.
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