4 Colo. Code Regs. § 729-1.6

Current through Register Vol. 48, No. 1, January 10, 2025

Section 4 CCR 729-1.6 - Rules of Administrative Procedure

This Rule is promulgated pursuant to sections 12-20-204, 12-130-107(1)(a), and 12-130-109, C.R.S. This Rule applies to all landscape architecture applicants, examinees, and licensees unless noted otherwise.

A.Applications

1.Complete Applications. A complete application requires that an applicant submit the application, the required fee, and all required documentation as set forth in the Board's published application procedures. Required documentation includes that which the applicant is responsible for submitting and any other documentation that may be required from other sources to support the applicant's file. Any application not complying with these procedures shall be deemed incomplete and the applicant shall be so notified.

a.Applications Eligible for Board Review. To be eligible for Board review, a complete application must be received by the first day of the month prior to the month of the Board meeting at which applications will be reviewed.

b.Disclosure of Disciplinary Records and Other Violations. A person applying for licensure under this Article shall disclose whether she or he has been denied licensure or disciplined as a landscape architect in any jurisdiction, or if she or he has practiced landscape architecture in violation of this Article.

c.Experience Record. In relating landscape architecture professional experience on the application forms, the applicant must account for all employment or work experience. If not employed, or employed in other kinds of work, this should be indicated in the experience record.

d.Verification of Licensure. If verification of an applicant's licensure must be obtained from another state, jurisdiction, or the federal government as part of the application process, that verification must be made in writing on a form approved by the Board and in accordance with published Board procedures. Such verification shall be made under the seal of that state board or jurisdictional agency. Verbal verification shall not be accepted.

e.Board Denial of an Application. An applicant whose application has been denied may submit a request for reconsideration of a decision by the Board, accompanied by additional supporting documentation or information, or may request a personal interview before the Board. These requests must be submitted within sixty (60) days of the date on which the Board made the decision. No additional supporting documentation, requests for reconsideration or interviews will be considered by the Board if they are not filed within this time limit.

f.Applications are Reviewed under Current Statutes and Rules. Applications to take the examination and for licensure are evaluated under the statutes, rules, and regulations in effect at the time that the application is complete. Subsequent applications, including updates within the three-year (3-year) period within which denied applications are retained, are likewise evaluated under the statutes, rules, and regulations in effect at the time the subsequent application is complete.

g.Application for Licensure by Endorsement. Applicants currently licensed and in good standing in another U.S. jurisdiction, through the federal government, or who hold a military occupational specialty, as defined in section 24-4-201, C.R.S., may apply for licensure as a landscape architect based upon endorsement from the jurisdiction where licensure was originally obtained.

To obtain a license by endorsement, an applicant must:

(1) Qualify for licensure under the provisions of sections 12-20-202(3) 12-130-109(1), and 12-130-109(2), C.R.S., or

(2) Submit proof that the applicant has held for at least one year a current and valid license in a jurisdiction with a scope of practice that is substantially similar to the scope of practice for landscape architects as defined in the Landscape Architects Professional Licensing Act and these Rules.

To obtain a license by endorsement, an applicant must also submit a complete application, the required fee, and all required documentation according to the Board's published application procedures. The Board must receive written verification from the jurisdiction where licensure was originally obtained indicating how the applicant qualified for licensure and the status of his or her license.

If the applicant's license is no longer valid in the jurisdiction where licensure was originally obtained, the applicant shall do one of the following in order to be considered for endorsement:

(3) Bring his or her license into active status with the jurisdiction where licensure was originally obtained prior to application with this Board.

(4) Provide verification of an active license from a second jurisdiction's licensing board and disciplinary history from the jurisdiction where licensure was originally obtained, if the applicant is currently licensed by another jurisdiction's board.

h.Licensure by Endorsement from a Foreign Country. When an applicant seeks licensure by endorsement based on a license, or its equivalent, issued by a proper authority in a foreign country the applicant shall provide information as to the licensure standards in effect in that country at the time the license, or its equivalent, was issued, with a certified translation in English. Applicants must have qualifications that are substantially equivalent to those currently required for licensure by examination.

i.Application for Licensure by Examination. For the purposes of section 12-130-109(2), C.R.S., concerning the education and experience prerequisites, the Board will accept applications for licensure by examination subject to the following:

(1) In accordance with section 12-130-109(2)(a)(l), C.R.S., applicants possessing a professional degree from a program accredited by the LAAB or substantially equivalent education and experience must provide evidence demonstrating two years practical experience. Refer to Rule 1.6 for criteria pertaining to practical experience earned through substantial equivalents. Practical experience applied for credit against this requirement shall not be used to satisfy any other educational or experience requirement of these Rules.

(2) Applicants qualifying for licensure by examination based on practical experience, pursuant to section 12-130-109(2)(a)(II), C.R.S., shall demonstrate six years of practical experience.

(3) Applicants qualifying for licensure by examination by a combination of practical experience and education, pursuant to section 12-130-109(2)(a)(III), C.R.S., shall be evaluated by the Board in accordance with the substantial equivalents for education adopted by the Board (see Rule 1.6). Such applicants shall demonstrate the equivalent of six years practical experience, of which education may be a component.

(4) In accordance with section 12-130-109(2)(b), C.R.S., the Board shall grant one year of educational or practical experience credit, as appropriate, to applicants for licensure by examination who provide documentation that they have engaged in one year of practical field experience in construction techniques, teaching, or accredited research.

(5) In accordance with section 12-130-109(2)(c), C.R.S., graduates of a B.S. or a B.A. program accredited through NALP shall receive three years credit against the practical experience requirements of this Rule 1.6(A)(1)(i).

j.Applicants for Licensure Who Have Passed Required CLARB Examinations in Another State or Subsequent to Issuance of a License. Applicants who have passed the required CLARB examinations but have not yet completed the licensing process begun in another state may make application to the Colorado Board. The applicant must meet the licensing requirements in Colorado at the time of application. It is the applicant's responsibility to request written verification from CLARB, or from the state in which the applicant completed the examinations. If the Colorado Board determines that the applicant qualifies for licensure, the applicant's original state of licensure will be Colorado.

2.Issuance of License. When the Board has determined that an applicant has satisfied the licensing requirements set forth in these Rules and under Title 12, Article 130, C.R.S., has properly filed a complete application, and has paid the prescribed fees, the Board shall issue a license. Licenses shall be specific to the applicant and are not transferable.

B.Applicants with Degrees from Foreign Schools.

Applicants who have degrees from foreign colleges, universities, or their equivalents for which they wish to receive educational credit are required to:

1. Have their foreign transcripts evaluated by a transcript evaluation service approved by the Board. This evaluation will be performed at the applicant's expense, and the applicant will be responsible for submitting all the necessary information to the evaluation service. The Board will consider awarding credit for a foreign degree only if it is evaluated by the Board-approved service. Information regarding the evaluation of foreign degrees is published in the Board's application procedures; or,

2. Applicants who have degrees from foreign colleges, universities, or their equivalents who do not wish to receive educational credit for their college education must submit a transcript verifying completion of the equivalent of the high school level of education. An original transcript shall be provided directly from the high school or equivalent educational institution in a sealed envelope. If this transcript is not in the English language, it is the responsibility of the applicant to have the transcript translated into English and submitted directly by the translator to the Board office. This translation will be performed at the applicant's expense.

C.Applications.

Applicants for licensure shall be required to meet the licensing requirements of the statutes and rules of the State of Colorado in effect at the time of the original application, fees, and all supporting documents are received by the Board and accepted as complete. An application is deemed complete at the time all supporting documents and fees are received.

1.Incomplete Applications. The Board will retain an incomplete application for licensure in its pending file, pending receipt from the applicant of all necessary documentation. If all the documentation has not been received in a one-year period, the application will be purged from the Board files.

2.Approved Examination Applications. The Board retains application forms and supporting documents for persons who have been approved to take the L.A.R.E. or its equivalent for a period of three years from the date of approval by the Board. If an applicant does not successfully take the examination within that three year period, the application will be purged from the Board files.

3.Denied Applications. The Board retains application forms and supporting documents for persons who have been denied licensure for a period of three years from the date of denial by the Board. After denial of an application, it is necessary for an applicant who wishes reconsideration to file a request in a manner approved by the Board. If an updated application is made within the three-year period within which the Board retains denied applications, an applicant may request that transcripts, letters of reference, or other supporting documents retained by the Board be transferred to, and considered in support of, the application. If the request for reconsideration is not made within the three-year period, the application and the supporting documents will be purged from the Board's files.

D.References and Verifications for Qualifying Work Experience.

Completed references shall be submitted on the forms approved by the Board and in accordance with published Board procedures. An applicant shall submit the number of completed references, or other forms of attestation (e.g., employment verification forms), necessary to verify at least the minimum number of years of creditable experience required by statute or Rule for the particular section under which the applicant is applying. An applicant shall provide a detailed and substantiated record of professional and related activities in various practical experience settings. An employer, by verification and signature, affirms to the Board that the activities recorded were actually performed by the applicant.

E.Criteria for the Evaluation of Education and Experience.

Creditable education and experience shall conform to the following basic standards. Exceptions to the requirements of this Rule 1.6 may be granted at the discretion of the Board for reasons of individual hardship or other good cause.

1.Educational Standards

a. To qualify for licensure, an applicant must have a degree from a program accredited and accepted by the LAAB, or, in lieu of an accredited degree, an applicant may satisfy the education requirement by accumulating the required educational credit through a combination of equivalents, as specified herein.

b. An accredited degree program must be listed in LAAB's current Accreditation Report at the time of the candidate's graduation.

c. Equivalent educational experience, pursuant to section 12-130-109(2), C.R.S., shall be calculated as follows:

(1) A Bachelor of Science (B.S.), bachelor of Arts (B.A.), Bachelor of Science in Landscape Architecture (B.S.L.A.), or Bachelor of Landscape Architecture (B.L.A.) in a program accredited through LAAB, four years credit;

(2) A Bachelor of Science (B.S.) or Bachelor of Arts (B.A.) in a program accredited through NALP, or its successor.

(3) Non-accredited Bachelor of Science in Landscape Architecture (B.S.L.A.), Bachelor of Landscape Architecture (B.L.A.) or Master of Landscape Architecture (M.L.A.), three year curriculum;

(4) NAAB-accredited Bachelor of Architecture (B.Arch.) or Master of Architecture (M. Arch), two years credit;

(5) ABET-accredited degree in Civil Engineering or a Bachelor of Landscape Horticulture or Bachelor of Landscape Design, two years credit;

(6) Non-accredited Bachelor of Environmental Design with a Landscape Architecture major, two years credit; or,

(7) Any Bachelor's degree, one year credit.

d. In allowing applicants for licensure by examination the opportunity to combine education and experience in fulfilling the minimum qualification requirements established by statute, the Board will apply the following evaluation criteria:

(1) Degrees listed above cannot be combined to satisfy the education credit requirement;

(2) Practical experience applied as education credit may not also be used to satisfy experience requirements;

(3) Any degree awarded less than two years prior to the accreditation of the program will be accepted as an accredited degree; and,

(4) Any degree awarded after a program has ceased to be accredited will not be accepted as an accredited degree.

2.Practical Experience Standards

a. Practical experience shall be measured in years of diversified practical experience. Diversified practical experience shall consist of work as an employee under the direct supervision of a licensed landscape architect, licensed architect in Colorado, or licensed professional engineer in Colorado, or in the employ of an organization otherwise engaged in the practice of landscape architecture.

b. One year of experience is defined as full-time employment for fifty-two weeks of paid time with a minimum of thirty-five hours per week. In no case shall it be permissible for applicants to be credited with more than one year in any given year of employment. An applicant shall not receive experience credit for overtime.

c. Practical experience shall be credited for teaching landscape architecture in an approved educational program and conducting research in landscape architecture, provided that teaching and research duties demonstrate comprehensive knowledge of the practice of landscape architecture.

d. Credit for experience in part-time employment shall be accumulated if the applicant is employed for fifty-two weeks of paid time with a minimum of twenty hours per week, which will result in one-half year of experience.

e. Employment with an employer of less than three months shall not be credited toward practical experience.

f. The Board may grant experience credit for post-professional degrees, as verified by a transcript.

g. No practical experience may be earned for foreign training other than under the direct supervision of a person practicing landscape architecture as verified in a manner approved by the Board.

h. In the evaluation of experience, the Board may require additional substantiation as to the type and nature of the reported experience in order to ensure that the experience meets the criteria enumerated in these Rules.

i. Experience may not be anticipated (i.e., the experience must have been received by the same time the application is submitted).

j. Education, training, or service gained in military services outlined in section 12-20-202(4), C.R.S. to be accepted and applied towards receiving a license, must be substantially equivalent, as determined by the board to the qualifications otherwise applicable at the time of receipt of application. It is the applicant's responsibility to provide timely and complete evidence for review and consideration. Satisfactory evidence of such education, training, or service will be assessed on a case-by-case basis.

F.Examinations

1.Designation of the Exam and Exam Administrator. The examination for competency evaluation shall be the L.A.R.E., as developed and administered by CLARB. Grading of the examination shall be in accordance with the national grading procedure of CLARB. The Board adopts the scoring procedures recommended by CLARB. Examinations and examination results are not subject to review or appeal.

2.Eligibility to Take the Examination. An applicant who fails to meet the CLARB requirements for examination may apply to the Board for admittance to the examination. Applicants may be admitted to the licensure examination upon demonstrating to the satisfaction of the Board that they have successfully completed the qualifications as set forth in Rule 1.6 . An applicant for the examination may elect to take any or all sections of the L.A.R.E. in any sequence desired and allowed by CLARB.

3.Reapplication to Take the Exam. An applicant who fails to pass any section of the L.A.R.E may reapply for examination for that section (or those sections) within the Rules and time constraints set forth by CLARB.

G.Expired Licenses.

Pursuant to section 12-130-109(8), C.R.S., a licensee whose license has expired must follow the procedure for reinstatement of the license. The licensee shall complete and submit a reinstatement application and pay a fee. In addition, the Board may require demonstration that the licensee whose license has expired for more than two years has maintained competence (e.g., maintained a license to practice landscape architecture in another state) during the period the license has been expired and to verify his or her work experience during that same time. The Board has the discretion to require further examination and/or education of licensees who do not otherwise demonstrate active practice or competence.

H.Sanctions and Disciplinary Actions

1.Complaints. The Board shall investigate written, signed complaints against any licensee. Complaints will be investigated within a reasonable time period. The Board will review investigative findings and action against the license may be taken in accordance with the Administrative Procedure Act.

2.Disciplinary Action. In accordance with the Administrative Procedure Act, and section 12-130-113, C.R.S., the Board has discretion to take action against a licensee if the Board finds cause for discipline under section 12-130-112, C.R.S.

4 CCR 729-1.6

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 23, December 10, 2022, effective 12/30/2022