§ 59-46.7. Powers and duties of Board.  


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  • In addition to the other powers and duties imposed by law, the Board shall have the power and duty to:

    1.  Prescribe such rules and to make such orders, as it may deem necessary or expedient in the performance of its duties;

    2.  Prepare, conduct, and grade examinations of persons who shall apply for the issuance of licenses to them, and to promulgate such rules with reference thereto as it may deem proper;

    3.  Contract with nationally recognized registration organizations to prepare, conduct, and grade examinations, written or oral, of persons who shall apply for the issuance of licenses;

    4.  Determine the satisfactory passing score on such examinations and issue licenses to persons who shall have passed examinations, or who shall otherwise be entitled thereto;

    5.  Determine eligibility for licenses and certificates of authority;

    6.  Determine eligibility for registration as a registered interior designer and for certificate of title;

    7.  Promulgate rules to govern the issuing of reciprocal licenses and registrations;

    8.  Upon good cause shown, as hereinafter provided, deny the issuance of a license, registration, certificate of authority or certificate of title or suspend, revoke or refuse to renew licenses, registrations, certificates of title or certificates of authority previously issued, and upon proper showing, to reinstate them;

    9.  Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew;

    10.  Prescribe rules governing proceedings for the denial of issuance of a license, registration, certificate of authority or certificate of title, suspension, revocation or refusal to renew, for cause, of licenses, registrations, certificates of authority or certificates of title heretofore issued and the reinstatement thereof;

    11.  Prescribe such penalties, as it may deem proper, to be assessed against holders of licenses, registrations, certificates of authority or certificates of title for the failure to pay the biennial fee hereinafter provided for;

    12.  Levy civil penalties plus the legal costs incurred by the Board to prosecute the case against any person or entity who shall violate any of the provisions of the State Architectural and Registered Interior Designers Act or any rule promulgated thereto;

    13.  Obtain an office, secure such facilities, and employ, direct, discharge and define the duties and set the salaries of such office personnel and set the salaries of such unclassified and exempt office personnel as deemed necessary by the Board;

    14.  Initiate disciplinary action, prosecute and seek injunctions against any person or entity who has violated any of the provisions of the State Architectural and Registered Interior Designers Act or any rule of the Board promulgated pursuant to said act and against the owner/developer of the building type not exempt;

    15.  Investigate alleged violations of the State Architectural and Registered Interior Designers Act or of the rules, orders or final decisions of the Board;

    16.  Promulgate rules of conduct governing the practice of licensed architects and landscape architects;

    17.  Keep accurate and complete records of proceedings, and certify the same as may be appropriate;

    18.  Whenever it deems it appropriate, confer with the Attorney General or the Attorney General’s assistants in connection with all legal matters and questions.  The Board may also retain an attorney who is licensed to practice law in this state.  The attorney shall serve at the pleasure of the Board for such compensation as may be provided by the Board.  The attorney shall advise the Board and perform legal services for the Board with respect to any matters properly before the Board.  In addition to the above, the Board may employ hearing examiners to conduct administrative hearings under the provisions of the Administrative Procedures Act;

    19.  Prescribe by rules, fees to be charged as required by this act;

    20.  Adopt rules providing for a program of continuing education in order to insure that all licensed architects or landscape architects remain informed of those technical and professional subjects which the Board deems appropriate to professional architect or landscape architect practice.  The Board may by rule describe the methods by which the requirements of such program may be satisfied.  Failure to meet such requirements of continuing education shall result in nonrenewal of the license issued to the architect or landscape architect;

    21.  Adopt rules regarding requirements for intern development as a prerequisite for licensure; and

    22.  Take such other action as may be reasonably necessary or appropriate to effectuate the State Architectural and Registered Interior Designers Act.

Added by Laws 1947, p. 349, § 8, emerg. eff. April 16, 1947.  Amended by Laws 1980, c. 314, § 7, eff. July 1, 1980; Laws 1986, c. 154, § 4, eff. July 1, 1986; Laws 1986, c. 287, § 9, operative July 1, 1986.  Renumbered from § 45.8 of this title by Laws 1986, c. 287, § 30, operative July 1, 1986.  Amended by Laws 1998, c. 220, § 5, eff. July 1, 1998; Laws 2006, c. 163, § 6, eff. July 1, 2006; Laws 2006, c. 193, § 4, eff. July 1, 2006; Laws 2009, c. 184, § 5, eff. July 1, 2009.