| (a) For the purposes of this Section, the following
definitions shall apply:
(1) Approved Subject Areas - The following are the
Approved Subject Areas for qualifying continuing education:
(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 land use analysis;
(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, 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 and/or
protection of the public health, safety, and welfare;
(FF) Other matters of law and ethics that contribute
to the health, safety, and welfare of the public;
(2) Health, Safety, and Welfare - Subject matter applying
to the principles of mathematical, physical, and social sciences in
consultation, evaluation, planning, design (including, but not limited
to, the preparation and filing of plans, drawings, specifications,
and other contract documents), and administration of contracts relative
to projects principally directed at the functional and aesthetic use
and preservation of land.
(3) Structured Course Study - Courses of study relevant
to the practice of Landscape Architecture, taught or otherwise provided
by qualified individuals or organizations, delivered by direct, in-person
contact or through distance learning methods, the completion of which
results in the issuance of a certificate or other record of attendance
to the Landscape Architect by the provider.
(4) Self-Directed Study - Time spent by a Landscape
Architect developing knowledge and skills relevant to the practice
of Landscape Architecture that does not qualify as Structured Course
Study.
(b) During each calendar year between January 1 and
December 31, a Landscape Architect shall complete a minimum of 12
qualifying continuing education program hours (CEPH) according to
the requirements of this section. Each hour of continuing education
applied to this requirement shall directly relate to Health, Safety,
and Welfare.
(c) Of the 12 qualifying CEPH, each Landscape Architect
shall complete a minimum of one CEPH relating to Barrier-Free Design
and one CEPH relating to Sustainable or Energy-Efficient Design.
(d) Of the 12 qualifying CEPH, each Landscape Architect
shall complete a minimum of eight CEPH in Structured Course Study.
(1) Each hour of Structured Course Study shall address
one or more Approved Subject Areas and at least 45 minutes of every
hour of CEPH shall directly relate to Health, Safety, and Welfare.
(2) Examples of Structured Course Study include the
following:
(A) Attendance at continuing education courses dealing
with technical landscape architectural subjects related to the Landscape
Architect's profession, ethical business practices, or new technology.
(B) The completion of college or university credit
courses addressing landscape architectural subjects, ethical business
practices or new technology. Each semester or quarter credit hour
shall equal one CEPH.
(e) Of the 12 qualifying CEPH, each Landscape Architect
may claim a maximum of four hours of Self-Directed Study. Examples
of Self-Directed Study may include the following:
(1) Reading written material or reviewing audio, video,
or digital media that develops knowledge and skills relevant to the
practice of Landscape Architecture but does not qualify as Structured
Course Study;
(2) Time spent in landscape architectural research
for publication or formal presentation to the profession or public;
(3) Time spent in professional service to the general
public that draws upon the Landscape Architect's professional expertise,
such as serving on planning commissions, building code advisory boards,
urban renewal boards, code study committees, or educational outreach
activities;
(4) Time spent preparing to teach or teaching landscape
architectural courses. A Landscape Architect may not claim credit
for preparing for or teaching the same course more than once; and
(5) One CEPH may be claimed for attendance at one full-day
session of a meeting of the Texas Board of Architectural Examiners.
(f) A Landscape Architect may be exempt from continuing
education requirements for any of the following reasons:
(1) A Landscape Architect shall be exempt upon initial
registration and upon reinstatement of registration through December
31st of the calendar year of his/her initial or reinstated registration;
(2) An inactive or emeritus Landscape Architect shall
be exempt during any calendar year in which the Landscape Architect's
registration is in inactive or emeritus status, but all continuing
education credits for each period of inactive or emeritus registration
shall be completed before the Landscape Architect's registration may
be returned to active status;
(3) A Landscape Architect who is not a full-time member
of the Armed Forces shall be exempt for any calendar year during which
the Landscape Architect serves on active duty in the Armed Forces
of the United States for a period of time exceeding 90 consecutive
days;
(4) A Landscape Architect who has an active landscape
architectural registration in another jurisdiction shall be exempt
from mandatory continuing education program requirements in Texas
for any calendar year during which the Landscape Architect satisfies
the other jurisdiction's continuing education program requirements,
provided that the other jurisdiction's continuing education requirements
are substantially equivalent to Texas requirements. Notwithstanding
this exemption, the Landscape Architect shall complete one CEPH relating
to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient
Design; or
(5) A Landscape Architect who is, as of September 1,
1999, a full-time faculty member or other permanent employee of an
institution of higher education, as defined in §61.003, Education
Code, and who in such position is engaged in teaching Landscape Architecture.
(g) A Landscape Architect shall maintain a detailed
record of the Landscape Architect's continuing education activities,
including all course completion certificates documenting completion
of Structured Course Study and a record of Self-Directed Study including
a date and description of the claimed activity, for a period of five
years after the end of the calendar year for which credit is claimed.
(h) When renewing his/her annual registration, a Landscape
Architect shall complete an attestation regarding the Landscape Architect's
compliance with minimum continuing education requirements. A Landscape
Architect may attest to compliance and shall be considered compliant
with continuing education requirements if:
(1) The Landscape Architect fulfilled minimum continuing
education program requirements during the immediately preceding calendar
year according to the requirements of this Section; or
(2) The Landscape Architect failed to fulfill minimum
continuing education program hours during the immediately preceding
calendar year, but prior to renewing his/her registration in the current
calendar year, the Landscape Architect:
(A) Completed sufficient qualifying CEPH to correct
any deficiency for the prior calendar year (which will be applied
to the previous calendar year and cannot be applied to the current
calendar year requirement); and
(B) Completed 12 hours of qualifying CEPH to be applied
to the current calendar year requirement.
(i) Upon written request, the Board may require a Landscape
Architect to produce documentation to prove that the Landscape Architect
has complied with the minimum continuing education program requirements.
(1) Board staff will review a Landscape Architect's
response to such a request to determine whether the Landscape Architect
is in compliance with this Section.
(2) If a Landscape Architect fails to provide acceptable
documentation of compliance within 30 days of a request, the Landscape
Architect will be presumed to have not complied with minimum continuing
education requirements.
(3) The Board has final authority to determine whether
to award or deny credit claimed by a Landscape Architect for continuing
education activities.
(j) Violations of continuing education requirements
and administrative penalties:
(1) Falsely attesting to compliance with minimum continuing
education requirements shall be subject to an administrative penalty
in the amount of $500;
(2) Failure to timely complete minimum continuing education
requirements shall be subject to an administrative penalty in the
amount of $100 for every hour of deficiency per calendar year;
(3) Failure to maintain a detailed record of continuing
education activities shall be subject to an administrative penalty
of $100 for every hour of claimed continuing education for which a
Landscape Architect is unable to provide proof of compliance; and
(4) Failure to timely respond to or comply with a continuing
education audit or verification shall be subject to an administrative
penalty of $250 per failure.
(k) The administrative penalties identified in subsection
(j) of this section are considered appropriate for a first-time violation
of continuing education requirements. If a Landscape Architect was
previously found to have violated the Board's continuing education
requirements in a warning or Order of the Board, the Board may increase
the penalty up to a factor of two for a second or subsequent violation,
in addition to consideration of suspension or revocation of registration
under §3.232 of the Board's rules.
(l) The administrative penalties identified in subsection
(j) of this section are to be applied to each individual violation
of the Board's continuing education requirements. If a Landscape Architect
has committed multiple violations, the Landscape Architect shall be
subject to a separate administrative penalty for each violation.
(m) If a Landscape Architect is registered to practice
more than one of the professions regulated by the Board and the Landscape
Architect completes a continuing education activity that is directly
related to more than one of those professions, the Landscape Architect
may submit that activity for credit for all of the professions to
which it relates. The Landscape Architect must maintain a separate
detailed record of continuing education activities for each profession.
(n) A Landscape Architect may receive credit for up
to 24 CEPH earned during any single calendar year. A maximum of 12
CEPH that is completed in excess of the continuing education requirements
for a calendar year may be carried forward to satisfy the continuing
education requirements for the next calendar year.
(o) As the term is defined in §3.29(a) of the
Board's rules, a military service member is entitled to two years
of additional time to complete any CEPH requirements.
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