DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

CORPORATIONS, SECURITIES, AND COMMERCIAL LICENSING BUREAU  DIRECTOR’S OFFICE

LANDSCAPE ARCHITECTS – GENERAL RULES

 
Filed with the secretary of state on
 
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 

(By authority conferred on the department of licensing and regulatory affairs by  sections 205, 2203, and 2205 308 of the occupational code, 1980 PA 299, MCL 339.205, 339.2203, and MCL 339.308 339.2205, and executive Executive reorganization Reorganization order Order Nos. 1991-9, 1996-2, 2003-1, 2007-17, 2008-4, and 2011-4, being MCL 338.3501, 445.2001, MCL 445.2011, 445.2023, MCL 445.2025, and MCL 445.2030)

 
R 339.19041 of the Michigan Administrative Code is amended, R 339.19002, R 339.19004, R 339.19006, R 339.19008, R 339.19010, R 339.19012, R 339.19014, R 339.19016, and R 339.19018 are added, and R 339.19023 and R 339.19025 are rescinded, as follows:
 
PART 1. GENERAL PROVISIONS
 
R 339.19002  Definitions.
  Rule 2.  (1)  As used in these rules:
    (a)  “Code” means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.
    (b)  “Department” means the department of licensing and regulatory affairs.  
  (2)  A term defined in the code has the same meaning when used in these rules.
 
PART 2. REGISTRATION  EDUCATION AND EXAMINATION
 
R 339.19004  Adoption by reference; accreditation.
  Rule 4.  (1)  The department adopts by reference the Landscape Architectural Accreditation Board’s (LAAB) “Accreditation Standards for First-Professional Programs in Landscape Architecture,” March 2016.  The LAAB’s standards for accreditation are available for inspection and distribution at a cost of 10 cents per page from the Department of Licensing and Regulatory Affairs, Bureau of Professional Licensing, 611 Ottawa St., P.O. Box 30670, Lansing, Michigan 48909, or at no cost from the LAAB’s website at https://www.asla.org/uploadedFiles/CMS/Education/Accreditation/LAAB_ACCREDITATION_STANDARDS_March2016.pdf
  (2)  The department adopts by reference the Landscape Architecture Accreditation Council’s (LAAC) “Manual of Accreditation Standards and Procedures for Canadian Programs of Landscape Architectural Education,” March 2017.  The LAAC’s standards for accreditation are available for inspection and distribution at a cost of 10 cents per page from the Department of Licensing and Regulatory Affairs, Bureau of Professional Licensing, 611 Ottawa St., P.O. Box 30670, Lansing, Michigan 48909, or at no cost from the LAAC’s website at https://www.csla-aapc.ca/csla-aapc.
  (3)  A landscape architect education program accredited by the LAAB or the LAAC is approved by the department.  
  (4)  A credentials evaluation provided by a current member of the National Association of Credential Evaluation Services that verifies that an applicant’s education satisfies the requirements of a landscape architect education program accredited by the LAAB or the LAAC adopted by reference in subrules (2) and (3) of this rule is approved by the department.  
 
R 339.19006  Examination adoption; passing score.
  Rule 6.  (1)  The department approves and adopts the Landscape Architect Registration Examination (LARE) prepared and scored by the Council of Landscape Architects Registration Boards (CLARB).
(2)  The passing score for the LARE is the score established by the CLARB.
 
PART 3.  LICENSURE
 
R 339.19008  Licensure by examination.
  Rule 8.  (1)  An applicant for a landscape architect license by examination shall submit a completed application on a form provided by the department together with the requisite fee.  In addition to satisfying the requirements of the code, the applicant shall satisfy all of the following the requirements of this rule.
(2)  The applicant shall possess a minimum of 7 years of training and experience in the actual implementation and practice of landscape architecture by satisfying 1 of the following:
  (a)  The applicant earned a baccalaureate degree from a program approved pursuant to R 339.19004 and completed at least 3 years of experience by working a minimum of 4,500 hours over a 3-year period.  As used in this rule, “experience” means applying accepted principles of landscape architecture in a non-academic and non-internship setting under the supervision of a landscape architect who is licensed or registered in this state or another state.  Experience must be verified by the supervising landscape architect.  
  (b)  The applicant earned a baccalaureate degree and a master’s degree from a program approved pursuant to R 339.19004, and completed at least 2 years of experience by working a minimum of 3,000 hours over a 2-year period.  Experience must be verified by the supervising landscape architect. 
  (c)  The applicant completed 1 or both of the following for a total of 7 years of training and experience:
    (i)  The applicant completed 1 year of education from a program approved pursuant to R 339.19004 by passing a minimum of 30 semester hours or 45 quarter hours per year for each year of training credit earned.  A maximum of 5 years of credit may be earned.  
    (ii)  The applicant completed 1 year of experience demonstrated by working a minimum of 1,500 hours per year for each year of experience earned.  A maximum of 7 years of credit may be earned.  Experience hours must be verified by the supervising landscape architect.
  (3)  The applicant shall provide documentation to demonstrate that he or she has established a CLARB Council Record.
  (4)  The applicant shall pass all parts of the LARE administered through the CLARB.
  (5)  The applicant shall provide not less than 5 references from individuals unrelated to the applicant who have knowledge of the applicant’s experience in the practice of landscape architecture.  At least 3 references must be from a licensed or registered landscape architect and must document the applicant’s experience in the practice of landscape architecture.
 
R 339.19010  Licensure for an applicant currently licensed, registered, or  
  otherwise credentialed in another state or country.
  Rule 10.  (1)  An applicant for licensure who is currently licensed, registered, or otherwise credentialed in another state or country shall submit a completed application on a form provided by the department together with the requisite fee.  In addition to satisfying the requirements of the code, the applicant shall satisfy all of the requirements of this rule:
  (2)  The applicant shall satisfy 1 of the following:
    (a)  Possess a current valid CLARB certification.
    (b) Demonstrate that the requirements for the license, registration, or other credential he or she holds had requirements that are substantially equivalent to R 339.19008, as required by MCL 339.2209.
  (3)  The applicant shall provide not less than 3 references from individuals unrelated to the applicant who have knowledge of the applicant’s experience in the practice of landscape architecture.  At least 1 reference must be from a licensed or registered landscape architect and must document the applicant’s experience in the practice of landscape architecture.  
  (4)  The applicant’s license, registration, or other credential in good standing in landscape architecture must be verified by each licensing agency where the applicant holds, or has ever held, a landscape architect license, registration, or other credential.  If applicable, verification must include the records of any disciplinary action taken or pending against the applicant.

R 339.19012  Relicensure.

  Rule 12.  (1)  An applicant whose license has lapsed for less than 3 years before the date of application for relicensure may be relicensed under section 411(3) of the code, MCL 339.411, if the applicant satisfies the requirements of the code and both of the following:

    (a)  The applicant submits the required fee and a completed application on a form provided by the department.

    (b)  The applicant submits proof to the department of accumulating not less than 24 hours of continuing education credit that meets the requirements of R 339.19010 during the 2 years immediately preceding the date of application for relicensure.  If the department determines that the amount of continuing education hours submitted with the application is deficient, the applicant has 1 year from the date of the application to provide proof of completing the deficient hours.

  (2)  An applicant whose license has been lapsed for 3 years or more preceding the date of application may be relicensed under section 411(4) of the code, MCL 339.411, if the applicant satisfies the requirements of the code and all of the following:

    (a)  The applicant submits the required fee and a completed application on a form provided by the department.

(b)  The applicant establishes that he or she has met all of the requirements for initial licensure under the code and these rules.

(c)  The applicant submits proof to the department of accumulating not less than  24 hours of continuing education credit that meets the requirements of R 339.19010 during the 2 years immediately preceding the date of application for relicensure.  If the department determines that the amount of continuing education hours submitted with the application is deficient, the applicant has 1 year from the date of the application to provide proof of completing the deficient hours.

  (d) The applicant provides not less than 3 references from individuals unrelated to the applicant who have knowledge of the applicant’s experience in the practice of landscape architecture.  At least 1 reference must be from a licensed or registered landscape architect and must document the applicant’s experience in the practice of landscape architecture.  
  (3) The applicant’s license, registration, or other credential in good standing in landscape architecture must be verified by each licensing agency where the applicant holds, or has ever held, a landscape architect license, registration, or other credential.  If applicable, verification must include the records of any disciplinary action taken or pending against the applicant.

PART 4.  LICENSE RENEWAL, CONTINUING EDUCATION, SANCTIONS FOR FAILURE TO COMPLETE CONTINUING EDUCATION

 
R 339.19014  License renewal; required continuing education; limitations; retention of documentation; waiver.
  Rule 14.  (1)  This rule applies to an application for renewal of a landscape architect license beginning 2 years after the date of promulgation of this rule.
  (2)  An applicant for license renewal who has been licensed for the 2-year period preceding the expiration of his or her current license shall have completed 24 hours of continuing education that satisfies the requirements of R 339.19016.  
  (3)  A minimum of 16 of the 24 hours of required continuing education must be earned in a program or activity pertaining to the subject of public health, safety, or welfare (HSW).  HSW subjects include, but are not limited to the following:
    (a)  Building codes.
    (b)  Code of ethics.
    (c)  Codes, acts, laws, and regulations governing the practice of landscape architecture.
    (d)  Construction administration, including construction contracts.
    (e)  Construction documents.
    (f)  Design of environmental systems.
    (g)  Environmental process and analysis.
    (h)  Erosion control methods.
    (i)  Grading.
    (j)  Horticulture.
    (k)  Irrigation methods.
    (l)   Land planning and use.
    (m) Landscape preservation, landscape restoration and adaptive reuse.
    (n)  Lateral forces.
    (o)  Natural hazards-impact of earthquake, hurricane, fire, or flood related to site design.
    (p)  Pedestrian and vehicular circulation.
    (q)  Planting design.
    (r)  Resource conservation and management.
    (s)  Roadway design principles.
    (t)  Site accessibility, including Americans with Disabilities Act standards for accessible site design.
    (u)  Site and soils analysis.
    (v)  Site design and engineering, including materials, methods, technologies, and applications.
    (w)  Site security and safety.
    (x)  Storm water management and surface and subsoil drainage.
    (y)  Structural systems considerations.
    (z)  Surveying methods and techniques as they affect landscape architecture.
    (aa) Sustainable design, including techniques related to energy efficiency.
    (bb) Use of site materials and methods of site construction.
    (cc)  Vegetative management.
    (dd)  Wetlands.
    (ee)  Zoning as it relates to the improvement or protection of the public health, safety, and welfare.
  (4)  Submission of an application for renewal constitutes the applicant’s certification of compliance with the requirements of this rule.  The department may require a licensee to submit evidence to demonstrate compliance with this rule.
  (5)  The continuing education credit earned during 1 license cycle may not be carried forward to the next license cycle.
  (6)  The licensee shall retain documentation of satisfying the requirements of this rule for a period of 4 years from the date of application for license renewal.  
  (7)  A request for a continuing education waiver filed pursuant to section 204(2),  MCL 339.204, must be received by the department before the expiration date of the license.  
 
R 339.19016  Approved continuing education; limitations.
  Rule 16.  (1)  The department shall grant credit for continuing education hours as provided in the chart below:
 

	Activity and Proof Required	Number of Continuing Education Hours Granted for Activity
(a)	Completion of an approved continuing education program related to landscape architecture, regardless of the format in which it is offered, if it is approved or offered for continuing education credit by any of the following: · Landscape Architecture Continuing Education System. · The American Society of Landscape Architects (ASLA). · A state chapter of the ASLA. If audited, the applicant shall submit documentation or certificate of completion showing the applicant’s name, total continuing education credits earned, sponsor name and contact information, program title, and the date the program was held or completed.	The number of continuing education hours designated by the approving entity.  If the program was not approved for a set number of hours, then 1 credit hour for each 50 minutes of participation may be earned.
(b)	Passing an academic course related to landscape architecture offered by a college or university that offers a baccalaureate degree or higher degree in landscape architecture and is accredited by the LAAB.  If audited, the applicant shall submit a copy of the transcript showing the number of credit hours of the academic courses related to landscape architect.	Fifteen hours of continuing education may be earned for each semester of credit.  Ten hours of continuing education hours may be earned for each quarter credit.
(c)	Attending a seminar, in-house course, workshop, or professional or technical presentation related to landscape architecture. If audited, the applicant shall submit a copy of the presentation notice or advertisement showing the date of the presentation, the licensee’s name listed as a presenter or attendee, and the name of the organization that approved or offered the presentation.	One hour of continuing education may be earned for every 50 minutes of participation.
(d)	Teaching, instructing, or presenting a subject related to landscape architecture. If audited, the applicant shall submit documentation by the college or university confirming the licensee as the teacher, instructor, or presenter of the academic course, the dates of the course or presentation, the number of classroom hours spent teaching, instructing, or presenting, and the course title.	One hour of continuing education may be earned for every 50 minutes of teaching, instruction, or presenting. A maximum of 12 hours of continuing education may be earned for this activity during each renewal period.
(e)	Initial publication of a peer-reviewed paper, article, or book related to landscape architecture. If audited, the applicant shall submit a copy of the publication that identifies the applicant as the author or a publication acceptance letter.	Six hours of continuing education may be earned for this activity. A maximum of 18 hours of continuing education may be earned for this activity during each renewal period.
(f)	Participation in professional examination writing.  If audited, the applicant shall submit documentation by the testing developer confirming the applicant as an examination writer, the dates the examination writing, and the number of hours spent writing the examination questions.	One hour of continuing education may be earned for every 50 minutes of examination writing.  A maximum of 5 hours of continuing education may be earned for this activity during each renewal period.
(g)	Providing professional expertise to a non-profit or public board, commission, council, or committee.  If audited, the applicant shall submit documentation from the board, commission, or committee confirming the applicant’s service, the dates of service, and the number of hours of service provided.	One hour of continuing education hour may be earned for each 50 minutes of meetings attended. A maximum of 10 hours of continuing education hour may be earned for this activity during each renewal period.
(h)	Completion of a self-study course presented by correspondence or electronically ending with an examination or other verification process. If audited, the applicant shall submit documentation of the examination or other verification process result and a statement of the dates, number of minutes, and materials covered in completing the course.	One hour of continuing education may be earned for every 50 minutes of participation. A maximum of 4 hours of continuing education may be earned for this activity during each renewal period.
(i)	Participating in a company-sponsored or hosted seminar or training that is designed to enhance professional development in the applicant’s area of professional practice. If audited, the applicant shall submit documentation or a certificate of completion issued by the company presenting the seminar or training showing the applicant’s name, company name, subject of seminar or training, and the date on which the seminar or training was held.	One hour of continuing education may be earned for every 50 minutes of participation in the seminar or training. A maximum of 4 hours of continuing education may be earned for this activity during each renewal period.

  (2)  Continuing education hours are not granted for a program or activity that has substantially the same content of a program or activity for which the applicant has already earned continuing education hours during the same renewal period.

 
R 339.19018  Sanctions for failure to complete required continuing education.
  Rule 18.  (1) A licensee who fails to comply with the continuing education requirements of R 339.19014 is subject to all of the following:
  (a)  A fine of $250.00, plus $50.00 for each continuing education hour, or on a pro-rata basis for a fractional hour, the licensee is deficient, payable by a date determined by the department.
   (b)  Probation for a minimum period of 1 day, not to exceed a period of 1 year, until the licensee has completed the continuing education hours that he or she was deficient during the audit period. The continuing education hours used to satisfy these sanctions shall not apply in computing the licensee's compliance with current continuing education requirements for license renewal.
    (c)  Probation shall automatically terminate upon completion of the required deficient hours and payment of the fine.
  (2)  Failure to pay the fine or complete the deficient continuing education hours within the time allotted pursuant to subrule (1) of this rule will result in suspension of the license.   
  (3)  Suspension pursuant to subrule (2) of this rule will be automatically lifted upon compliance with the consent order, provided that such compliance occurs before the license expires. If the licensee fails to comply with the consent order before the license expires, the licensee shall apply for relicensure.
  (4)  Instead of the sanctions provided in subrule (1) of this rule, the department may accept permanent surrender of the license.
 
R  339.19023   Experience. Rescinded.
  Rule 23. The experience requirements of the act shall  be  evidenced  by either of the following:
  (a) Proof  of  landscape  architect  certification  by  the  council  of landscape  architectural  registration  boards,   since   the   experience requirements are higher than those of this state.
  (b) A combination of the following totaling 7 years:
  (i) Possession of a baccalaureate degree from a  program  accredited  by the American  society  of  landscape  architects.  Such  degree  shall  be supported by  a  program  transcript  and  shall  constitute  prima  facie evidence of 4 years of credit.
  (ii) Possession of a master's degree in landscape  architecture  from  a program accredited by the American society of landscape  architects  which includes the completion of undergraduate prerequisites. Such degree  shall be supported by a transcript and shall constitute prima facie evidence  of 5 years of credit.
  (iii) University-level courses in the subjects included in  a  landscape architecture  degree  program  accredited  by  the  American  society   of landscape  architects,  even  though  a  degree  was  not  awarded,  if  a transcript is submitted.  Partial  credit  toward  the  7-year  experience
requirement may be granted  by  the  board  for  the  completion  of  such
courses.
  (iv)  Professional  experience  in  the  actual  practice  of  landscape architecture which is documented  by  not  less  than  5  references  from persons having knowledge of the applicant's experience. Not less than 3 of the references shall be from registrants who can indicate a  knowledge  of the  applicant's  professional  expertise.  Not  less  than  2  years   of professional experience is required of all applicants, notwithstanding the possession of an advanced degree. References shall not be from a  relative or a current board member.
 
 
R  339.19025   Examination. Rescinded.
  Rule 25. (1) A written examination, as  outlined  in  part  3  of  these rules, shall be  required  of  any  applicant  who  has  not  successfully completed any of the following:
  (a) The council of landscape architectural registration  boards  uniform national examination.
  (b)  The  council  of  landscape   architectural   registration   boards certification  process,  which  includes  either  the   uniform   national examination or the senior examination.
  (c) A state licensing examination deemed by the board and the department to be equivalent to the uniform national examination.
  (2) An applicant who has taken 1 of the examinations listed  in  subrule (1) of this rule as being equivalent to the requirements of this state may be required to complete an examination developed  by  the  board  and  the department on Michigan laws and plant materials.
  (3) An applicant may sit for the examination only upon completion of all education and experience requirements.
 
PART 3. EXAMINATIONS
 
PART 4. 5. STANDARDS OF CONDUCT  SEAL REQUIREMENTS
 
R  339.19041   The seal Requirements of seal; use of seal.
  Rule 41. (1) Pursuant to section 2210(1) of the code, MCL 339.2210, each licensee The seal shall have a seal that states the name of the licensee, his or her landscape architect license number, and bear the words “licensed landscape architect” and “state of Michigan.”  
(2) be  used  so  long  as  registration  is  in effect. The design of the seal to be used by registrants each licensee is as follows: 
 

Figure for 339.19041

 

 
 
(2) (3) The licensee seal shall be obtained when  a  person obtain the seal when he or she is  registered licensed,  and  an imprint shall be submitted shall submit an imprint of the seal to the department within 30 days of the  notice of registration licensure. If a new seal is obtained at a later time, the licensee shall submit an Any new seal obtained shall have an  imprint  of the new seal to filed  with the department within 30 days of the change.
(3) (4) The seal shall must be used only on work  which  that has been  is  prepared  by or under  the personal supervision of the registrant licensee. Unauthorized use of  the  seal  by any person other than the registrant is prohibited.
(4) (5) Pursuant to section 2210(2) of the code, MCL 339.2210, any plan, specification, or report All documents submitted to prepared by the licensee, or under his or her supervision, and filed with a public authority shall must be stamped with the licensee’s seal.  sealed by the registrant, although all documents should be sealed,  regardless  of  their destination.
(5) The use of the seal shall be  validated  by  the  signature  of  the registrant across the seal or adjacent to it.
(6) Where  such  requirement does  not  interfere with  the efficient processing of renewals, each renewal registration shall bear  the  imprint of the registrant's seal.