Iowa Admin. Code r. 193D-2.7 - Renewal of certificates of licensure
Certificates of licensure expire biennially on June 30. In order to maintain authorization to practice in Iowa, a licensee is required to renew the certificate of licensure prior to July 1 of the year of expiration. A licensee who fails to renew by the expiration date is not authorized to practice landscape architecture in Iowa until the certificate is reinstated as provided in rule 193D-2.8 (544B,17A).
(1) It is the policy of the board to email to
each licensee a notice of the pending expiration date at the licensee's
last-known address approximately one month prior to the date the certificate of
licensure is scheduled to expire. Failure to receive this notice does not
relieve the licensee of the responsibility to timely renew the certificate and
pay the renewal fee. A licensee should contact the board office if the licensee
does not receive a renewal notice prior to the date of expiration.
(2) If grounds exist to deny a timely and
sufficient application to renew, the board will send notification to the
applicant. Grounds may exist to deny an application to renew if, for instance,
the licensee failed to satisfy the continuing education as required as a
condition for licensure. If the basis for denial is pending disciplinary action
or disciplinary investigation that is reasonably expected to culminate in
disciplinary action, the board will proceed as provided in 193-Chapter 7. If
the basis for denial is not related to a pending or imminent disciplinary
action, the applicant may contest the board's decision as provided in
193-subrule 7.40(1).
(3) When a
licensee appears to be in violation of mandatory continuing education
requirements, and after or in lieu of giving the licensee an opportunity to
come into compliance under 193D-subrule 3.3(3), the board may, in lieu of
proceeding to a contested case hearing on the denial of a renewal application
as provided in rule 193-7.40 (546,272C), offer the
licensee the opportunity to sign a consent order. While the terms of the
consent order will be tailored to the specific circumstances at issue, the
consent order will typically impose a penalty between $50 and $250, depending
on the severity of the violation; establish deadlines for compliance; and
require that the licensee complete hours equal to double the deficiency in
addition to the required hours; and may impose additional educational
requirements on the licensee. Any additional hours completed in compliance with
the consent order cannot again be claimed at the next renewal. The board will
address subsequent offenses on a case-by-case basis. A licensee is free to
accept or reject the offer. If the offer of settlement is accepted, the
licensee will be issued a renewed certificate of licensure and will be subject
to disciplinary action if the terms of the consent order are not complied with.
If the offer of settlement is rejected, the matter will be set for hearing, if
timely requested by the licensee pursuant to 193-subrule 7.40(1).
(4) The board may notify licensees whose
certificates of licensure have expired. The failure of the board to provide
this courtesy notification or the failure of the licensee to receive the
notification will not extend the date of expiration.
(5) A licensee who continues to practice
landscape architecture in Iowa after licensure has expired will be subject to
disciplinary action. Such unauthorized activity may also be grounds to deny a
licensee's application for reinstatement.
(6) Licensees will notify the board within 30
days of any change of address or business connection.
(7) Inactive status. This subrule establishes
a procedure under which a person issued a certificate of licensure as a
landscape architect may apply to the board to register as inactive. Licensure
under this subrule is available to a licensee residing within or outside the
state of Iowa who is not using the title "landscape architect" while offering
services as a landscape architect. A person eligible to register as inactive
may, as an alternative to licensure, allow the certificate of licensure to
lapse. During any period of inactive status, a person will not engage in the
practice of landscape architecture while using the title "landscape architect"
or any other title that might imply that the person is offering services as a
landscape architect in violation of Iowa Code section
544B.18. The board will continue
to maintain a database of persons licensed as inactive, including information
that is not routinely maintained after a certificate of licensure has lapsed
through the person's failure to renew. A person who registers as inactive will
accordingly receive a renewal notice if the notice is sent by the board, board
newsletters, and other mass communications from the board.
a.
Affirmation. The renewal
application will contain a statement in which the applicant affirms that the
applicant will not engage in the practice of landscape architecture while using
the title "landscape architect" in violation of Iowa Code section
544B.18, without first complying
with all rules governing reinstatement to active status. A person on inactive
status may reinstate to active status at any time pursuant to rule
193D-2.8 (544B,17A).
b.
Renewal. A person
licensed as inactive may renew the person's certificate of licensure on the
biennial schedule described in this rule. This person will be exempt from the
continuing education requirements and will be charged a reduced renewal fee as
provided in rule 193D-2.10 (544B,17A). An
inactive certificate of licensure will lapse if not timely renewed.
c.
Permitted practices. A
person may, while licensed as inactive, perform for a client, business,
employer, government body, or other entity those services that may lawfully be
provided by a person to whom a certificate of licensure has never been issued.
For an "inactive" licensee, such services may be performed as long as the
person does not in connection with such services use the title "landscape
architect" or any other title restricted for use only by landscape architects
pursuant to Iowa Code section
544B.18 (with or without
additional designations such as "inactive"). Restricted titles may be used only
by active landscape architects who are subject to continuing education
requirements to ensure that the use of such titles is consistently associated
with the maintenance of competency through continuing education.
d.
Prohibited practices. A
person who, while licensed as inactive, engages in any of the practices
described in Iowa Code section
544B.18 is subject to
disciplinary action.
Notes
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When an applicant has qualified for licensure under this chapter and has paid the required license fee, the secretary shall enroll the applicant's name in the roster of professional landscape architects and issue to the applicant a certificate of licensure.
(1) License number. The certificate will indicate the license number of the landscape architect which must appear on the professional landscape architect 's seal and on all works signed by the professional landscape architect .
(2) Certificate. Only one certificate of licensure shall be issued to a professional landscape architect . The certificate shall be displayed in a conspicuous place at the place of employment.