South Carolina Code of Regulations Chapter 76 - BOARD OF LANDSCAPE ARCHITECTURAL EXAMINERS
Overview of Chapter 76: Board of Landscape Architectural Examiners
Chapter 76 of the South Carolina Code of Regulations establishes the rules and regulations governing the Board of Landscape Architectural Examiners. This board is responsible for overseeing the practice of landscape architecture in the state, ensuring that individuals and firms engaged in the profession meet the required standards of practice and education.
The chapter includes provisions regarding licensing, examinations, professional conduct, and enforcement. It ensures that landscape architects in South Carolina maintain high standards of competency and ethics in their work.
Key Provisions and Articles in Chapter 76
1. Article 76:01 – General Provisions
This article sets out the general framework for the Board’s operations:
Establishment of the Board:
The Board of Landscape Architectural Examiners is established to regulate the practice of landscape architecture in South Carolina. It is responsible for licensing landscape architects, handling complaints, and enforcing standards of practice.
Board Composition:
The board consists of members appointed by the governor. It includes licensed landscape architects and public members who do not have a financial interest in the profession. The composition ensures representation from both professionals and the public.
Board Powers and Duties:
The Board has the authority to set rules and regulations, issue licenses, approve continuing education programs, and take disciplinary actions against licensees who violate professional standards.
2. Article 76:02 – Licensing Requirements
This article outlines the requirements for obtaining a license as a landscape architect in South Carolina:
Eligibility Criteria:
To become a licensed landscape architect, applicants must meet several requirements:
Hold a degree in landscape architecture from an accredited institution.
Accumulate a certain amount of work experience under the supervision of a licensed landscape architect.
Pass the Landscape Architect Registration Exam (LARE), which is a national examination required to practice as a landscape architect.
Application Process:
Applicants must submit a formal application to the Board, providing evidence of their educational background, work experience, and exam results. The application must include references and proof of good moral character.
License Fees:
The Board sets the fees for licensing, which must be paid by applicants. These fees cover the cost of processing applications, administering examinations, and maintaining the licensing system.
3. Article 76:03 – Examinations
This article governs the examination process for prospective landscape architects:
Examination Details:
The primary examination required to become a licensed landscape architect in South Carolina is the Landscape Architect Registration Examination (LARE). This exam is developed by the Council of Landscape Architectural Registration Boards (CLARB) and tests candidates on various aspects of landscape architecture, including design, construction, and environmental planning.
Exam Requirements:
Applicants must submit proof of eligibility to take the LARE, including education and experience qualifications. The exam is typically administered in multiple sections, testing a range of technical and conceptual knowledge.
Re-examination:
If a candidate fails to pass the examination, they are allowed to retake the exam. The regulations specify the number of attempts allowed and the waiting period between attempts.
4. Article 76:04 – Continuing Education
This article outlines the continuing education requirements for maintaining a landscape architecture license:
Professional Development:
Landscape architects must complete continuing education courses to ensure they remain up to date with industry standards, regulations, and best practices. This can include seminars, workshops, and courses related to landscape design, environmental planning, and technical advancements in the field.
Education Hours:
The Board specifies the number of continuing education hours required every renewal cycle. Licensed landscape architects must submit proof of completion to the Board to maintain their license.
Exemptions:
Some landscape architects may be exempt from continuing education requirements, such as those who are newly licensed or those who have experienced extraordinary circumstances preventing them from completing their professional development hours.
5. Article 76:05 – Standards of Professional Conduct
This article establishes the ethical and professional standards that landscape architects must adhere to:
Code of Ethics:
Landscape architects in South Carolina must follow a Code of Ethics set forth by the Board. This includes maintaining professional integrity, treating clients and colleagues with respect, and avoiding conflicts of interest.
Professional Competence:
Landscape architects are expected to perform their duties competently, adhering to industry best practices and standards. They must maintain up-to-date knowledge of their field and avoid practicing outside their areas of expertise.
Confidentiality:
Landscape architects must protect client confidentiality and handle sensitive information with discretion. They must also ensure that their work complies with all applicable laws and regulations.
6. Article 76:06 – Disciplinary Actions and Enforcement
This article outlines the process for enforcing the regulations and taking action against licensed landscape architects who violate professional standards:
Grounds for Disciplinary Action:
The Board has the authority to take disciplinary action against landscape architects who engage in unethical conduct, negligence, fraud, or other forms of misconduct. Grounds for action include:
Substance abuse or mental incompetence affecting professional performance.
Violation of the Code of Ethics or professional misconduct.
Failure to maintain licensure or continuing education requirements.
Disciplinary Procedures:
If a complaint is filed against a landscape architect, the Board investigates the allegation. If the Board finds that a violation has occurred, it may impose sanctions, such as:
Reprimands or fines.
Suspension or revocation of the license.
Probation with additional monitoring or educational requirements.
Appeals Process:
Landscape architects who are disciplined by the Board have the right to appeal the decision. An appeals process is outlined, ensuring due process for licensees.
7. Article 76:07 – Renewals and Inactive Status
This article governs the renewal process for landscape architects and provisions for inactive status:
License Renewal:
Landscape architects must renew their licenses periodically (typically every two years). Renewal requires submission of a completed renewal form, payment of the renewal fee, and proof of continuing education hours.
Inactive Status:
Landscape architects who are temporarily unable to practice may request inactive status, which allows them to suspend their license while avoiding renewal fees. Inactive licensees cannot practice as landscape architects but can reactivate their license upon meeting the Board's requirements.
Purpose and Goals of Chapter 76
The primary objectives of Chapter 76 are:
Public Safety and Welfare:
To ensure that landscape architects in South Carolina are qualified, ethical, and adhere to professional standards, ensuring the safety and well-being of the public.
Regulation of the Profession:
To establish a clear and structured process for licensing, examination, education, and practice within the profession of landscape architecture.
Promotion of Professionalism and Accountability:
To maintain high ethical and technical standards in the profession, ensuring that landscape architects practice in a manner that serves the public and the environment responsibly.
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