Section 109 - Requirements for Licensure and Filing of Applications(a) Definitions: (1) A "new candidate" shall mean a candidate who is submitting their first application to the Board for eligibility evaluation for the Architect Registration Examination (ARE) or one who had previously submitted an application but had been determined by the Board to be ineligible.(2) An "inactive candidate" shall mean a candidate who: (A) has not taken an examination as a candidate of the Board for five or more years, or(B) has been determined by the Board to be eligible but who has not taken any examination since the Board's determination and five or more years have passed.(3) "Active in the examination process" shall mean that there has not been a period of five or more years since (A) the candidate last took an examination as a candidate of the Board, or(B) the candidate has been determined by the Board to be eligible.(b) Examination Application Process: (1) A new or inactive candidate applying to the Board for eligibility for the ARE shall, prior to eligibility, establish a National Council of Architectural Registration Boards (NCARB) Record with the National Council of Architectural Registration Boards (NCARB). Candidates shall pay all required fees and comply with all NCARB procedures required to establish a NCARB Record.(2) A new or inactive candidate applying to the Board shall, prior to licensure, complete the NCARB-administered Architectural Experience Program (AXP), or the Internship in Architecture Program (IAP) of Canada.(3) A new or inactive candidate shall submit:(A) the non-refundable fee specified in subsection (a) or (b) of Section 144, as applicable unless waived per paragraph (6),(B) an application for eligibility evaluation as provided by the Board and certified under penalty of perjury, which shall be accepted on a continuous basis and contain: (i) the candidate's NCARB record number,(ii) the legal name of the candidate and any other known names,(iii) the candidate's address and email address,(iv) the candidate's home and work telephone numbers, and(v) the candidate's date of birth and social security number or individual taxpayer identification number.(C) supporting documents which shall include, if applicable:(i) proof of completion of the AXP, which shall include the candidate's NCARB Record transmitted from NCARB, or verification of completion of the requirements of Canada's IAP,(ii) certified original transcripts sent directly to the Board by the college or university, or included as part of an NCARB Record,(iii) Employment Verification Form(s), 19C-12 (NEW 6/2024), which is hereby incorporated by reference, and,(iv) proper foreign education evaluations and self-employment documentation.(4) A candidate who has served as an active-duty member of the Armed Forces of the United States, was honorably discharged, and who provides a copy of their DD-214 (Certificate of Release or Discharge from Active Duty), shall have the review of their application expedited pursuant to Section 115.4 of the Code.(5) A candidate shall receive expedited review of their application for a candidate qualifying pursuant to Section 115.4, subdivision (b) of the Code, if the candidate is an active-duty member of a regular component of the United States Armed Forces enrolled in the United States Department of Defense's SkillBridge program as authorized under Section 1143(e) of Title 10 of the United States Code, and who provides the following documentation with the application: written authorization documenting the candidate's current enrollment in the SkillBridge program including an official approval document or letter from their respective United States Armed Forces Service branch (Army, Navy, Air Force, Marine Corps, Space Force or Coast Guard) signed by the candidate's first field grade commanding officer that specifies the candidate's name, the approved SkillBridge opportunity, and the specified duration of participation (i.e., start and end dates).(6) Candidates who meet the requirements of Section 115.5 of the Code shall have the review of their application expedited and applicable fee waived if they submit the following satisfactory evidence with their application:(A) Certificate of marriage or certified declaration/registration of domestic partnership filed with the California Secretary of State or other documentary evidence of legal union with an active-duty member of the Armed Forces,(B) A copy of the military orders establishing their spouse's or partner's duty station in California and,(C) Written verification from the candidate's issuing agency/licensing jurisdiction that the candidate's license in another state, district or territory of the United States is current in that jurisdiction. The verification shall include all of the following: (1) the full legal name of the candidate and any other name(s) the candidate has used or has been known by,(2) the license type and number issued to the candidate by the original licensing agency/entity,(3) the name and location of the licensing agency/entity, and,(4) the issuance and expiration dates of the license.(7) A candidate who was admitted to the United States as a refugee pursuant to Section 1157 of Title 8 of the United States Code, or was granted asylum by the Secretary of Homeland Security or the United States Attorney General pursuant to Section 1158 of Title 8 of the United States Code, or has a special immigrant visa and was granted a status pursuant to Section 1244 of Public Law 110-181, Public Law 109-163, or Section 602(b) of Title VI of Division F of Public Law 111-8, relating to Iraqi and Afghan translators/interpreters or those who worked for or on behalf of the United States government, and provides evidence of that status shall have the review of their application expedited pursuant to Section 135.4 of the Code. For the purposes of this paragraph, "evidence" shall include the following: (A) Form I-94, arrival/departure record, with an admission class code such as "re" (refugee) or "ay" (asylee) or other information designating the person as a refugee or asylee.(B) Special Immigrant Visa that includes the "si" or "sq".(C) Permanent resident card (Form I-551), commonly known as a "green card", with a category designation indicating that the person was admitted as a refugee or asylee.(D) An order from a court of competent jurisdiction or other documentary evidence that provides reasonable assurances to the Board that the candidate qualifies for expedited licensure per Business and Professions Code section 135.4.(8) A new or inactive candidate receiving notification that they are ineligible for examination for failure to meet the requirements in Section 116 shall submit supporting documentation as identified in subsection (b)(3) to meet eligibility requirements.(9) Upon the Board's determination of a candidate's eligibility for the ARE based upon the requirements set forth in Section 116, the Board shall authorize the candidate to test through NCARB's database. Eligibility shall be retained while the candidate is active in the examination process.(10) As a candidate acquires additional work experience, it is the candidate's responsibility to ensure that the employer(s) complete Employment Verification Forms covering the work experience gained with that employer and that the forms are submitted to the Board.(11) A new or inactive candidate who is a licensed architect in a qualifying foreign country, as defined in Section 117(c)(2), shall prior to licensure: (A) complete the requirements as referenced in subdivision (b)(2) or follow the requirements set forth in Section 121; or(B) submit to the Board: (i) proof of licensure in the qualifying foreign country,(ii) an Employment Verification Form on their own behalf documenting five years of practice of architecture as a licensed architect in the qualifying foreign country,(iii) an Employment Verification Form documenting at least one year of experience under the direct supervision of an architect(s) licensed in a United States jurisdiction or at least two years of experience under the direct supervision of an architect(s) registered in a Canadian province, and(iv) documentation of five years of education equivalents as defined in Section 117.(12) A new or inactive candidate who is a licensed architect in a non-qualifying foreign country and one who is a licensed architect in a qualifying foreign country but who does not submit all of the items prescribed in subdivision (b)(11) shall apply as a new candidate and meet the requirements prescribed in subdivisions (b)(1) and (b)(2) of this section, or follow the requirements set forth in Section 121.(c) The Board shall retain the file of a candidate who is active in the examination process as a candidate of the Board. The Board may purge the candidate file of an inactive candidate. An inactive candidate who wishes to reapply to the Board shall be required to follow the requirements set forth in subsection (b)(3).(d) The Board shall retain for a seven-year period, transcripts, Employment Verification Forms, and other supporting documents received from individuals who have not submitted an application for eligibility evaluation. Thereafter, the Board may purge these documents.(e) Candidates who are licensed as an architect in another United States jurisdiction shall submit an application for eligibility evaluation as set forth in subsection (b)(3) and follow the requirements set forth in Section 121.(f) Candidates must complete the California Supplemental Examination (CSE) prior to licensure and follow the requirements as set forth in Section 124.(g) Upon completion of the CSE, each person desiring licensure as an architect shall furnish a full set of fingerprints as prescribed by Section 5552.1 of the Code and file a completed application for licensure with the Board which shall contain the following: (1) Fee specified in Section 144 for an original license unless waived per subsection (b), paragraph (6);(2) Candidates who had applications expedited pursuant to subsection (b) paragraph (4), (5), (6) or (7) shall have the application for licensure expedited;(3) Social Security Number or Individual Tax Identification Number;(4) First, middle, last name and suffix (if applicable) as they want it printed on their license. Only the candidate's legal name or initials are permitted and nicknames are not permitted;(5) Contact information including candidate's address of record, daytime and evening telephone numbers, and email address (if any);(6) A disclosure regarding whether the candidate has, within the preceding seven years from the date of the application, had a license, permit, registration, or certification ("license") that was formally disciplined by a licensing board in or outside of California; (A) For the purposes of paragraph (6), "disciplined" shall mean suspended, revoked, placed on probation, public reproval, reprimand or any other form of restriction placed upon any other license, registration, certification or permit that the candidate held or currently holds. A candidate shall not be required to disclose any discipline that was based upon a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code or a comparable dismissal or expungement.(B) If the candidate answers in the affirmative to the disclosure question in paragraph (6), the candidate shall provide all of the following as part of the application: (i) the type of disciplinary action taken (e.g., revocation, suspension, probation),(ii) the effective date of the disciplinary action,(v) the name and location of the licensing board,(vi) an explanation of the violations found by the licensing board; and,(vii) any statement or documents showing the candidate's rehabilitation efforts or any mitigating information that the candidate would like the Board to consider; and,(7) A statement signed under penalty of perjury of the laws of the State of California that the information provided on the application or any accompanying attachments provided with the application is true and correct.Cal. Code Regs. Tit. 16, § 109
Note: Authority cited: Sections 115.4, 5526 and 5552.5, Business and Professions Code. Reference: Sections 30, 115.4, 115.5, 115.6, 135.4, 144, 144.5, 480, 5550, 5550.5, 5551, 5552, 5552.1 and 5552.5, Business and Professions Code.
Note: Authority cited: Sections 115.4, 5526 and 5552.5, Business and Professions Code. Reference: Sections 115.4, 5550 and 5552.5, Business and Professions Code.
1. Amendment filed 9-1-77; effective thirtieth day thereafter (Register 77, No. 36). For prior history, see Register 73, No. 10.
2. Amendment filed 7-16-79; effective thirtieth day thereafter (Register 79, No. 29).
3. Amendment filed 2-24-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 9).
4. Amendment of subsections (b) and (c) filed 10-17-86; effective upon filing pursuant to Government Code section 11346.2(d) (Register 86, No. 42).
5. Amendment of subsection (b) filed 6-10-88; operative 7-10-88 (Register 88, No. 25).
6. Amendment of subsections (b) and (c) filed 12-4-89; operative 12-4-89 pursuant to Government Code section 11346.2(d) Register 89, No. 49).
7. Amendment filed 3-7-90; operative 3-7-90 (Register 90, No. 12).
8. Change without regulatory effect amending subsection (c) filed 8-30-90 pursuant to section 100, title 1, California Code of Regulations; operative 9-29-90 (Register 90, No. 42).
9. Change without regulatory effect amending subsections (c)(1), (c)(2) and (c)(4) filed 7-10-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 43).
10. Change without regulatory effect amending subsections (c)(2) and (c)(4) filed 6-10-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 24).
11. Change without regulatory effect amending subsections (c)(1) and (3) filed 2-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 9).
12. Change without regulatory effect amending subsections (c)(2) and (c)(4) filed 5-7-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 19).
13. Change without regulatory effect amending subsections (c)(1) and (c)(3) filed 8-23-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 35).
14. Change without regulatory effect amending subsections (c)(2) and (c)(4) filed 2-15-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 7).
15. Change without regulatory effect amending subsection (c)(4) filed 7-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 27).
16. Change without regulatory effect amending subsections (c)(1) and (3) filed 11-14-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 46).
17. Change without regulatory effect repealing subsection (b), subsection relettering, and amending subsections (b)(1)-(2) and (b)(4) filed 3-9-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 10).
18. Change without regulatory effect amending subsections (b)(1)-(2) and (b)(3) filed 12-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51).
19. Amendment filed 10-16-96; operative 10-16-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 42).
20. Amendment filed 2-25-99; operative 2-25-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 9).
21. Change without regulatory effect amending subsections (a)(1) and (b) filed 1-7-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 1).
22. Amendment filed 1-15-2003; operative 2-14-2003 (Register 2003, No. 3).
23. Change without regulatory effect amending subsection (b)(1) filed 4-14-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
24. Change without regulatory effect amending subsections (b)(1) and (c) filed 8-26-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 35).
25. Amendment filed 7-16-2004; operative 7-16-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 29).
26. Amendment of subsections (b)(1) and (b)(6) filed 7-22-2005; operative 8-21-2005 (Register 2005, No. 29).
27. Change without regulatory effect amending subsections (b)(1)-(2), (b)(6), (c) and (d) filed 10-31-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 44).
28. New subsection (b)(1), subsection renumbering, amendment of newly designated subsections (b)(2) and (b)(4)-(8) and subsections (c)-(d), new subsection (e), subsection relettering and amendment of newly designated subsection (f) filed 6-26-2008; operative 7-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 26).
29. Change without regulatory effect amending subsections (b)(2) and (b)(7) filed 9-29-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 40).
30. Repealer of subsections (b)(2), (b)(7) and (b)(8) pursuant to final paragraph 1-1-2011 (Register 2011, No. 38).
31. New subsections (b)(2), (b)(7) and (b)(8), repealer of final paragraph and amendment of Note filed 9-22-2011; operative 10-22-2011 (Register 2011, No. 38).
32. Amendment of subsections (b)(2) and (b)(7) filed 1-11-2012; operative 2-10-2012 (Register 2012, No. 2).
33. Amendment of subsections (b)(2)-(b)(3) and (b)(7) filed 3-29-2012; operative 3-29-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 13).
34. Amendment of subsection (b)(2) filed 10-9-2013; operative 1-1-2014 (Register 2013, No. 41).
35. Amendment of subsection (b)(2) filed 12-17-2014; operative 4/1/2015 (Register 2014, No. 51).
36. Amendment of subsection (b)(2) filed 8-6-2015; operative 10/1/2015 (Register 2015, No. 32).
37. Amendment of subsection (b)(2) filed 11-23-2015; operative 1-1-2016 (Register 2015, No. 48).
38. Amendment of subsection (b)(3) and amendment of Note filed 2-23-2016; operative 4/1/2016 (Register 2016, No. 9).
39. Amendment of subsection (b)(2) filed 6-16-2016; operative 10/1/2016 (Register 2016, No. 25).
40. Amendment of section heading, section and NOTE filed 10-17-2024; operative 1/1/2025 (Register 2024, No. 42).