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RULE §5.5Terms Defined Herein

The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) The Act--The Interior Designers' Registration Law.

  (2) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.

  (3) APA--Administrative Procedure Act.

  (4) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.

  (5) Architectural Barriers Act--Texas Government Code, Chapter 469.

  (6) Architectural Interior Construction--A building project that involves only the inside elements of a building and, in order to be completed, necessitates the "practice of architecture" as that term is defined in 22 Texas Administrative Code §1.5.

  (7) Barrier-Free Design--The design of a facility or the design of an alteration of a facility which complies with the Texas Accessibility Standards, the Americans with Disabilities Act, the Fair Housing Accessibility Guidelines, or similarly accepted standards for accessible design.

  (8) Board--Texas Board of Architectural Examiners.

  (9) Cancel, Cancellation, or Cancelled--The termination of a Texas Interior Design registration certificate by operation of law two years after it expires without renewal by the certificate-holder.

  (10) Candidate--An individual that is seeking registration by examination but has not yet completed the examination or application process.

  (11) CEPH--Continuing Education Program Hour(s).

  (12) Chair--The member of the Board who serves as the Board's presiding officer.

  (13) CIDQ--The Council for Interior Design Qualification.

  (14) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents prepared for the purpose(s) of Regulatory Approval, permitting, or construction.

  (15) Consultant--An individual retained by a Registered Interior Designer who prepares or assists in the preparation of technical design documents issued by the Registered Interior Designer for use in connection with the Registered Interior Designer's Construction Documents.

  (16) Contested Case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearings.

  (17) Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.

  (18) Council for Interior Design Qualification (CIDQ)--An organization comprised of regulatory boards from the United States and Canada which administers the NCIDQ examination.

  (19) Delinquent--A registration status signifying that a Registered Interior Designer:

    (A) has failed to remit the applicable renewal fee to the Board; and

    (B) is no longer authorized to use the title "Registered Interior Designer" in Texas.

  (20) Emeritus Interior Designer (or Interior Designer Emeritus)--An honorary title that may be used by a Registered Interior Designer who has retired from the practice of Interior Design in Texas pursuant to §1053.156 of the Texas Occupations Code.

  (21) Energy-Efficient Design--The design of a project and the specification of materials to minimize the consumption of energy in the use of the project. The term includes energy efficiency strategies by design as well as the incorporation of alternative energy systems.

  (22) Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed Interior Design project from a technical Interior Design standpoint.

  (23) Good Standing--

    (A) a registration status signifying that a Registered Interior Designer is not delinquent in the payment of any fees owed to the Board; or

    (B) an application status signifying that an Applicant or Candidate is not delinquent in the payment of any fees owed to the Board, is not the subject of a pending TBAE enforcement proceeding, and has not been the subject of formal disciplinary action by an Interior Design registration board that would provide a ground for the denial of the application for Interior Design registration in Texas.

  (24) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.

  (25) Inactive--A registration status signifying that a Registered Interior Designer may not practice Interior Design in the State of Texas.

  (26) Interior Design--The identification, research, or development of creative solutions to problems relating to the function or quality of the interior environment; the performance of services relating to interior spaces, including programming, design analysis, space planning of non-load-bearing interior construction, and application of aesthetic principles, by using specialized knowledge of interior construction, building codes, equipment, materials, or furnishings; or the preparation of Interior Design plans, specifications, or related documents about the design of non-load-bearing interior spaces.

  (27) Interior Designers' Registration Law--Chapter 1053, Texas Occupations Code.

  (28) Interior Design Intern--An individual participating in an internship to complete the experiential requirements for Interior Design registration by examination in Texas.

  (29) Licensed--Registered.

  (30) Member Board--An Interior Design registration board that is part of CIDQ.

  (31) NCIDQ--The examination developed and administered by the Council for Interior Design Qualification, which is the adopted examination for registration as a Texas Registered Interior Designer.

  (32) Nonregistrant--An individual who is not a Registered Interior Designer.

  (33) Principal--A Registered Interior Designer who is responsible, either alone or with other Registered Interior Designers, for an organization's practice of Interior Design.

  (34) Registered Interior Designer--An individual who holds a valid Texas Interior Design registration granted by the Board.

  (35) Registrant--Registered Interior Designer.

  (36) Regulatory Approval--The approval of Construction Documents by a Governmental Entity after a review of the Interior Design content of the Construction Documents as a prerequisite to construction or occupation of a building of facility.

  (37) Reinstatement--The procedure through which a Surrendered or Revoked Texas Interior Design registration certificate is restored.

  (38) Renewal--The procedure through which a Registered Interior Designer pays a periodic fee so that his or her registration certificate will continue to be effective.

  (39) Responsible Charge--That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by Registered Interior Designers applying the applicable Interior Design standard of care.

  (40) Revocation or Revoked--The termination of a Texas Interior Design registration certificate by the Board.

  (41) Rules and Regulations of the Board--22 Texas Administrative Code §§5.1 et seq.

  (42) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.

  (43) Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes from each Board meeting and maintaining the record of Board members' attendance at Board meetings.

  (44) Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.

  (45) SOAH--State Office of Administrative Hearings.

  (46) Sole Practitioner--A Registered Interior Designer who is the only design professional to offer or render Interior Design services on behalf of a business entity.

  (47) State Office of Administrative Hearings (SOAH)--A governmental entity created to serve as an independent forum for the conduct of adjudicative hearings involving the executive branch of Texas government.

  (48) Supervision and Control--The amount of oversight by a Registered Interior Designer overseeing the work of another whereby:

    (A) the Registered Interior Designer and the individual performing the work can document frequent and detailed communication with one another and the Registered Interior Designer has both control over and detailed professional knowledge of the work; or

    (B) the Registered Interior Designer is in Responsible Charge of the work and the individual performing the work is employed by the Registered Interior Designer or by the Registered Interior Designer's employer.

  (49) Supplemental Document--A document that modifies or adds to the technical Interior Design content of an existing Construction Document.

  (50) Surrender--The act of relinquishing a Texas Interior Design registration certificate along with all privileges associated with the certificate.

  (51) Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure development during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.

  (52) TBAE--Texas Board of Architectural Examiners.

  (53) TDLR--Texas Department of Licensing and Regulation.

  (54) Texas Department of Licensing and Regulations (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.

  (55) Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.

Source Note: The provisions of this §5.5 adopted to be effective May 4, 1992, 17 TexReg 2860; amended to be effective December 6, 1995, 20 TexReg 9847; amended to be effective June 30, 1997, 22 TexReg 5922; amended to be effective April 5, 2000, 25 TexReg 2814; amended to be effective February 27, 2001, 26 TexReg 1723; amended to be effective March 6, 2003, 28 TexReg 1878; amended to be effective March 30, 2006, 31 TexReg 2455; amended to be effective September 19, 2006, 31 TexReg 7995; amended to be effective April 3, 2008, 33 TexReg 2693; amended to be effective December 14, 2008, 33 TexReg 10160; amended to be effective June 21, 2009, 34 TexReg 3947; amended tobe effective December 29, 2009, 34 TexReg 9441; amended to be effective June 13, 2010, 35 TexReg 4700; amended to be effective September 25, 2012, 37 TexReg 7483; amended to be effective March 23, 2017, 42 TexReg 1251; amended to be effective January 1, 2018, 42 TexReg 7403; amended to be effective July 8, 2020, 45 TexReg 4516

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