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RULE §3.66Reinstatement

(a) Once the Revocation or Surrender of a Landscape Architect's registration is effective, the registration may be reinstated only after an application for reinstatement is properly submitted and approved and the prescribed reinstatement fee is paid. THE BOARD IS NOT PERMITTED TO REINSTATE A CERTIFICATE OF REGISTRATION WHICH IS CANCELLED BY OPERATION OF LAW DUE TO THE REGISTRANT'S FAILURE TO RENEW THE REGISTRATION WITHIN 2 YEARS AFTER ITS DESIGNATED EXPIRATION DATE.

(b) If a reinstatement Applicant has practiced landscape architecture unlawfully or has used the term "landscape architect," the term "landscape architectural," the term "landscape architecture," or any similar term to describe himself/herself or to describe services he/she has offered or provided in Texas since the effective date of the expiration of the Applicant's revoked registration or the Surrender of the Applicant's registration, the reinstatement fee to be paid upon approval of the application shall include an amount equal to the sum of the registration renewal fees for each year since the effective date of the expiration or Surrender.

(c) An application for reinstatement may be denied on the following grounds:

  (1) the registration has been revoked for a continuous period of five (5) years or longer;

  (2) the reinstatement Applicant has performed an act, omitted an act or allowed an omission, or otherwise engaged in a practice that could serve as the basis for the rejection of an application for registration or for the Revocation of a registration; or

  (3) the registration was voluntarily Surrendered in lieu of potential disciplinary action and the Board finds that the approval of the reinstatement application does not appear to be in the public's interest.

(d) If at least five (5) years have passed since the effective date of the Revocation or Surrender of a registration, one of the following shall be required prior to approval of an application for reinstatement:

  (1) successful completion of all sections of the current registration examination during the five (5) years immediately preceding reinstatement; or

  (2) verification that the Applicant currently holds a landscape architectural registration that is active and in good standing in another jurisdiction where the registration requirements are substantially equivalent to Texas landscape architectural registration requirements.

(e) If a registration was revoked as a result of disciplinary action or Surrendered in lieu of disciplinary action, the registration shall not be reinstated unless the Applicant:

  (1) demonstrates that the Applicant has taken reasonable steps to correct the misconduct or deficiency that led to the Revocation or Surrender;

  (2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and

  (3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the Revocation or Surrender.

Source Note: The provisions of this §3.66 adopted to be effective October 10, 2001, 26 TexReg 7851; amended to be effective February 12, 2003, 28 TexReg 1175; amended to be effective April 4, 2004, 29 TexReg 3467; amended to be effective April 3, 2008, 33 TexReg 2692; amended to be effective December 24, 2008, 33 TexReg 10322

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