(9) "Jurisdiction" means any state, commonwealth, the District of Columbia, or other insular territory of the United States.

(10)"License"meansanapprovalgrantedbytheboardtoanindividual or a firm to engage in the practice of architecture.

(11) "Licensing authority" means the public board, agency, or body which has been authorized by a jurisdiction's governing authority to grant licenses and regulate the practice of architecture in that jurisdiction.

(12) "NCARB" means the National Council of Architectural Registration Boards.

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291 ENROLLED (13)"Person"meansanyindividual,firm,partnership,association,joint venture, cooperative, corporation, or other group or combination acting in concert.

(3)(14) The "practice of architecture" is the rendering or offering of the services specified in this Paragraph in connection with the design, construction, enlargement,oralterationofabuilding,agroupofbuildings,orthespacewithinand surroundingbuildings which have human occupancyor habitation as their principal purpose.

Such servicesshall include the following:

planning;

providing preliminary studies, designs, drawings, specifications, and other technical submissions;

administration of construction contracts;

and the coordination of any element of technicalsubmissions preparedbyothers,includingbut not limitedtoengineersand landscapearchitects,asappropriate.Thepracticeofarchitectureshallnotincludethe practice of engineering as defined in R.S.

37:682;

however, a registered architect may perform such engineering work as is incidental to the practice of architecture.

(15) "Responsible control" means responsibility for exercising the ultimate authority over, and possessing the knowledge and ability to oversee, delegate, and integrate the design and technical decisions related to the preparation of the project's instruments of service and the project's implementation in conformance with the standard of care.

(16) "Technical submissions" means the documents necessary to demonstrate compliance with applicable regulatory requirements or to fabricate or construct a project including but not limited to drawings, specifications, performance criteria, and installation requirements.

C.E.ThedefinitionofthepracticeofarchitecturesetforthinParagraphB(3) (D)(14) of this Section may include, but shall not be construed as precluding nonlicensed persons from performingthe followingservices:

project development;, feasibility studies;, planning;, energy consumption analysis;, and interior design.

§142.

Board appointed by governor;

removal A.(1) The State Board of Architectural Examiners is hereby created within theofficeofthegovernorandshall consist ofsevenmembers,fiveofwhomshall be Page 3 of 26 Coding:

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291 ENROLLED architects selected bythe governor as provided for in Subsection B of this Section, one selected by the governor as provided for in Subsection C of this Section, and one selected by the governor as provided for in Subsection D of this Section.

All nominees and appointees shall be domiciled in the state of Louisiana.

The five architect members shall be appointed, one each, from the five districts provided for in Paragraph (2) of this Subsection.

The governor has the right to remove any or all members of the board for inefficiencyor neglect of duty.

(2) The districts shall be composed as follows:

(a) District 1:

Orleans, Plaquemines, and St.

Bernard.

(b) District 2:

Assumption, Jefferson, Lafourche, St.

Charles, St.

James, St.

John the Baptist, St.

Tammany, Terrebonne, and Washington.

(c) District 3:

Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, St.

Helena, St.

Martin, Tangipahoa, West Baton Rouge, and West Feliciana.

(d) District 4:

Acadia, Allen, Avoyelles, Beauregard, Calcasieu, Cameron, Evangeline, Grant, Iberia, JeffersonDavis, Lafayette, Natchitoches,Pointe Coupee, Rapides, Sabine, St.

Landry, St.

Mary, Vermilion, and Vernon.

(e) District 5:

Bienville, Bossier, Caddo, Caldwell, Catahoula, Claiborne, Concordia, DeSoto, East Carroll, Franklin, Jackson, LaSalle, Lincoln, Madison, Morehouse, Ouachita, Red River, Richland, Tensas, Union, Webster, West Carroll, and Winn.

(3) Changes by the legislature in the composition of any of the districts provided for in Paragraph (2) of this Subsection made afteran appointment of a member to the board shall not affect an appointment in any way, and any member lawfully appointed prior to such changes shall be allowed to serve the full term for which the member was appointed.

B.(1) The five architectmembers shall be and shall remain domiciled in this state and in the district from which he the member is nominated and appointed.

Each shall be a licensed architect and shall have practiced architecture for at least seven years.

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291 ENROLLED of three no more than five nominees elected from each of the five districts.

An eligiblearchitectdesiringnominationshallwritealettertotheboardsostating.

If letters from five or fewer eligible architects are received, no election shall be held, and the board shall submit the names of all eligible architects who have sought nomination from the governor for consideration.

If letters from more than five eligible architects are received, an election conducted by the board shall be held to determine the five eligible architects to be included on the list ofnominees.Theboardshallnotadoptanyruleorregulationwhichimposesfurther eligibility requirements for membership on the board.

(2)Inordertodeterminethelistofnomineesforthearchitectmembers,there shall be a statewide election to elect three no more than five nominees from each district.

Any licensed architect who wishes to be a candidate and have his name placed on the ballot shall send a letter by certified mail to the director of the board indicating his intent to be a candidate.

The letter shall be accompanied by a curriculum vitae and shall certifythat, if elected, the architect will serve.

(3)Theelectionfornomineesshallbebyeithermailballotoronlinevoting, and only one architect shall be a candidate for nomination from the same architectural firm, corporation, agency, partnership, or other entity.

After the election, the three five candidates from each district who received the highest numbers of votes shall have their names submitted to the governor as nominees.

All licensed architects residing in this state shall be eligible to vote in the election.

(4) The initial and subsequent elections shall be to fill vacancies as they occur.

The elections shall be completed by the board within ninety days of the effective vacancy.

C.

The governor shall appoint one member of the board who shall be an architect who for seven years prior to appointment has been employed full time in architectural education, or who for seven years prior to appointment, has been an administrator of building design, construction, or design standards for government at the local, state, or national level.

D.

The governorshall appoint one public member of the board who shall be Page 5 of 26 Coding:

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291 ENROLLED a citizen of the United States who is not actively engaged in or retired from the professions of architecture, engineering, interior design, or landscape architecture, or the occupation of a contractor, or the design or construction of buildings.

E.

Each board member shall at all times maintain eligibility to serve on the board by avoiding relationships that would interfere with the board's mission of public protection.

F.

No board member shall be an officer or hold any leadership position in this state's professional association or the national professional association serving architects for the term of the board member's appointment to the board.

G.

Any vacancy that occurs in the board membership for any reason, including expiration of a term, removal, resignation, death, disability, or disqualification, shall be filled as prescribed in this Section in a timely manner so that the board may fulfill its duties as charged.

H.

The board may recommend removal of a board member to the governor upon an affirmative vote of a majority of members otherwise eligible to vote upon one or more of the following grounds:

(1)Therefusalorinabilityforanyreasonofaboardmembertoperform the duties required of a board member in an efficient, responsible, and professional manner.

(2) The misuse of a board member's position to obtain, or attempt to obtain, any financial or material gain, or any advantage personally or for another, through the office.

(3) A final adjudication by a recognized body, including any court, that there has been a violation of the laws governing the practice of architecture by the board member.

(4) Conviction of a felony or misdemeanor other than a minor traffic offense.

§143.

Term of office A.

Each member shall serve six years, or until his successor is duly Page 6 of 26 Coding:

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291 ENROLLED appointed, except the initial educational or regulatory member appointed pursuant to R.S.

37:142(C) shall serve a term of four years and the initial public member appointed pursuant to R.S.

37:142(D) shall serve a term of five years and confirmed.

B.

In the event of the death or resignation of any board member, the appointment by the governor of his successor shall be only for the remainder of the unexpired term.

C.

Each appointment by the governor shall be submitted to the Senate for confirmation.

D.

The board shall advise the governor of the expiration of the term of the board members.

All vacancies shall be filled in the same manner as prescribed for new members in R.S.

37:142.

§144.

Powers, authority, and domicile of board A.Fourmembersoftheboardconstituteaquorumforthepurposeofholding examinations, meetings and hearings, adjudicating, granting certificates, and renewinglicenses,engaginginrulemaking,andtransactingotherbusinesswithin the scope of this Chapter.

B.

The board shall elect from its members a president, secretary, and otherofficersasitdeemsappropriateandnecessarytoconductitsbusiness.The president shall preside at all meetings of the board, sign all certificates of licensure,andperformthosedutiescustomarilyassociatedwiththepositionand anyotherdutiesassignedfrombytheboard.Thepresidentmayestablishboard committeesasappropriateandnecessaryforthefurtheranceofboardbusiness and may designate or remove board members as committee members.

C.

The secretary shall be the official custodian of the records of the board, sign minutes of the board meetings, sign the president's certificates of licensure,and performthe duties of the president when the president is unable to do so.

D.

The board may delegate authority to its executive director as is customary and necessary to properly fulfill the board's duties.

The executive Page 7 of 26 Coding:

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291 ENROLLED director shall perform such administrative and ministerial duties as the board authorizes.

E.

The certificate of issuance of a license by the board to an individual or a firm shall entitle the holder to practice as an architect architecture in Louisiana.

C.F.

The board shall have the power powers and duties as may be necessary to carry out the purposes and enforce any provision of this Chapter and any rule promulgated by the board, including granting and renewing licenses, regulating individuals and firms engaged in the practice of architecture, establishing by rule the requirements and procedures for use of thetitle"ArchitectEmeritus".Theboardshallalsohavethepowertoadoptand amend such rules and regulations as are reasonably necessary for the proper performance of its duties, for carrying out the purposes of this Chapter, for continuing education, for the regulation of the proceedings before it, and for the regulation of the practice of architecture under the laws of this state.

D.G.

The procedure for the adoption, amendment, and repeal of anyrule or regulationshallbeinaccordancewiththeAdministrativeProcedureAct,R.S.49:950 et seq., and the rules and regulations which may be adopted by the board shall be available for public inspection at the office of the State Board of Architectural Examiners.

E.H.Theboardmayemployexecutive,clerical,orotherandofficeassistants asarenecessary, including an executivedirector,fortheproperperformanceofits work;

may make expenditures from its funds for any purpose which is reasonably necessary for the proper performance of its duties under this Chapter;

and may, if necessary, or upon advice of the attorney general, hire counsel for advice, for the representation of the board against violators of this Chapter and for the defense of any action brought against the board or its members or staff.

F.I.

The domicile of the board shall be Baton Rouge, Louisiana.

J.Theboard,itsmembers,anditsagentsshallbeimmunefrompersonal liability for actions taken in good faith in the discharge of the board's responsibilities.

The state shall hold the board, its members, and its agents Page 8 of 26 Coding:

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291 ENROLLED harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which the immunity applies.

G.K.(1) The board may allocate up to ten percent of all license renewal and delinquent fees each fiscal year to a fund to be named the Louisiana Architecture Education and Research Fund.

The purpose of the fund is to better prepare students for internships and future careers as architects by authorizing the board to make awards to universities in this state accredited by and in good standing with the National Architectural Accrediting Board (NAAB).

(2) The fund shall be used exclusively for one or more of the following in order to improve architectural education and the licensure of student interns in this state:

(a) Integration of practice and education in the professional NAAB degree curriculum.

(b)Implementationofapathto licensureresultinginanarchitecturallicense at the time of graduation from a NAAB-accredited professional degree program.

(c)Facilitationofenrollmentandcompletionoftrainingrequirementsforthe InternDevelopmentProgram(IDP)approvedexperienceprogramasadministered by the National Council of Architectural Registration Boards (NCARB).

(d) Assistance of students and interns in preparation for the taking of the Architectural Registration Exam (ARE) approved examination.

(e) Methods for raising awareness of the responsibilities of architects and of the ways that public health, safety, and welfare are impacted byarchitects.

(3) An accredited university architectural program shall submit an annual proposal and budget, including any information deemed necessary by the board, to be considered for anyaward from the board.

(4) The board shall submit an annual report to the appropriate legislative oversight committee regarding its allocation of monies from the fund for the preceding fiscal year.

§145.

Architects;

requirements for;

certificate license;

continuing education A.

No person shall practice architecture in this state or use the title Page 9 of 26 Coding:

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291 ENROLLED "architect", or any term derived therefrom, or display or use any title, sign, advertisement, or other device to indicate that such the person practices or offers to practicearchitecture,or rendersarchitecturalservices,oris anarchitect,unlesssuch the person shall have has registered with and secured from the board a certificate of registration and license in the manner hereinafter provided, and shall thereafter comply with the provisions of the laws of the state of Louisiana governing the registration and licensing of architects and architectural firms.

B.

Persons licensed by the board to practice architecture may, by rule of the board,berequiredtoearnannuallyuptotwelvehoursofboard-approvedcontinuing education pertaining to building design in connection with public health, safety, or welfare.

The board may, by rule, establish procedures and requirements for continuing education by anarchitecttodemonstrate continuing competencein the practice of architecture for the protection of the public.

The requirements shall include a description of acceptable activities and appropriate documentation required for license renewal.

§146.

Examination before board;

Initial license qualifications A.UnlesspreviouslyregisteredandcurrentlylicensedonSeptember1,1972, nopersonshallpracticearchitectureuntilhehaspassedanexaminationapprovedby the board.

B.

For the purpose of qualifying for the examination, the applicant shall present satisfactory evidence to the board that he:

(1) Is of good moral character.

(2) Has paid his debt to society if he has ever been convicted of a felony.

(3) Holds a professional degree from a school whose curriculum has been accredited by the National Architectural Accrediting Board.

(4) Is enrolled in the Intern Development Program administered by the National Council of Architectural Registration Boards.

C.

Any applicant not the holder of a first professional degree from a school whose curriculum has been accredited by the National Architectural Accrediting Board may take the examination if he has done all of the following:

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291 ENROLLED (1) Has made formal application for examination to the board prior to April 1, 1984;

and (2) Has completed all of the education equivalency requirements for qualifyingfortheexaminationasdelineatedintheNationalCouncilofArchitectural Registration Boards' "Circular of Information Number One";

and (3)Hasfurnishedevidencetotheboardthathehashadpracticalarchitectural work experience, requirements for which are delineated by the National Council of Architectural Registration Boards or the board.

D.

The board may adopt rules and regulations in accordance with the Administrative Procedure Act governing the approval, selection, administration, participation, and completion of the examination and the Intern Development Program.

A.

To obtain an initial license to practice architecture in Louisiana, an applicant shall satisfy all of the following requirements:

(1) Provide documentation satisfactory to the board that the applicant has successfully completed all of the following:

(a) An approved education program.

(b) An approved experience program.

(c) An approved examination.

(2) Submit to the board a completed application and pay the required fee.

(3) Paid restitution if the applicant has ever been convicted of a felony.

B.

Any of the following acts may preclude an applicant's eligibility as a candidate for initial licensure:

(1) Conviction by any court for the commission of any felony.

(2)Convictionbyanycourtofamisdemeanorinvolvingfraud,deceit,or misrepresentation.

(3) Misstatement or misrepresentation of fact by the applicant in connection with the applicant's application for registration in this state or another jurisdiction.

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291 ENROLLED (4) Violation of any of the rules of conduct required of applicants or architects as adopted by the board.

(5) Practicing architecture, or holding oneself out as capable of practicing architecture, in this state in violation of this Chapter.

§147.

Rules governing examinations Reciprocal license qualifications A.

The board will make all necessary rules and regulations governing the time, place, and method of conducting examinations and the grading of them, and prescribe the types of examinations to be given.

The examination shall consist of technical and professional subjects that the board mayprescribe.

B.

Copies of board examinations and answers of applicants shall be maintainedforoneyear.Theboardexaminationsandtheanswersofapplicantsshall be exempt from disclosure pursuant to the Public Records Law as provided for in R.S.

44:1 et seq.

To obtain a reciprocal license to practice architecture in Louisiana, an applicant shall satisfy both of the following requirements:

(1) Provide documentation satisfactory to the board that the applicant holds both of the following:

(a)Acurrentandvalidlicenseissuedbyanotherjurisdictionorlicensing authority recognized by the board.

(b) A current NCARB certificate.

(2) Submit to the board a completed application and pay the required fee.

§148.

Examinations;

persons exempt Firm regulation A.

Upon application and the payment of a fee equivalent to that required for written examination and certificate and upon certification issued by the National Council of Architectural Registration Boards, the board may issue a certificate of registration and license to practice the profession of architecture in this state to any person who has passed a standard National Council of Architectural Registration Boards' examination if such examination is equivalent to that prescribed by the board.

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291 ENROLLED B.

The board may review the examination referred to in this section to determineanddecidewhethertheexaminationisequivalenttothatprescribedbythe board.

C.

The board may also require that the applicant under this section submit other proper evidence of his ability to engage in the practice of architecture and evidence of his continued honorable professional conduct after passing the examination before the National Council of Architectural Registration Boards.

Toofferorperformarchitecturalservicesasafirminthisstate,alegally formed business entity shall meet the rule requirements adopted by the board.

§149.

Fees The applicant shall pay the actual cost of the examination.

Upon passing all divisions of the examination, a fee to be determined bythe board, not to exceed two hundred dollars, shall be charged to an individual domiciled in this state for issuing a becoming registered and obtaining an initial license to practice architecture in this state.

A registration fee to be determined by the board, not to exceed five hundred dollars, shall be charged to an individual domiciled outside Louisiana seeking to be for becoming registered and obtaining an initial or reciprocallicensetopracticearchitecturein Louisiana.Afeetobedeterminedby the board, not to exceed three hundred dollars, shall be charged to any corporation, professional architectural corporation as defined in R.S.

12:1086, architectural- engineering corporation as defined in R.S.

12:1171, or partnership, limited liability partnership, limited liability company, association, sole proprietorship, or other entityseekingto obtain acertificateofauthorityfirmforbecoming registeredand obtaining an initial license to practice architecturein Louisiana, unless such entity thefirmis exemptedexempt from the feebythe rules of theboard.Theboardmay not increase the fee for issuing a charged to an individual or firm domiciled in Louisianaforbecomingregisteredandobtaining aninitialorreciprocallicense or a certificate of authoritybymore than thirty dollars during anythree-year period, and the board maynot increase the registration fee charged to an individual or firm domiciledoutsideofLouisianaseekingtobeforbecomingregisteredandobtaining Page 13 of 26 Coding:

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291 ENROLLED an initial or reciprocal license in Louisiana by more than fifty dollars during any three-year period.

§150.

Renewal of license;

renewal fees A.Everylicensedarchitectdomiciledinthisstatewhodesirestocontinuehis license in force shall submit to the board a completed application and annually pay, during the month of November or December, a fee to be determined by the board, not to exceed two hundred dollars.

Upon certification of completion of the continuing education requirement set forth by the board in its rules and payment of the renewal fee, the secretary of the board shall issue him the licensee a renewal certificate license for the year due.

The board may decline to renew a license if the architect's continuing education activities do not meet the standards set forth in the board's rules.

B.

Every licensed architect domiciled outside Louisiana who desires to continue his license in force in Louisiana shall submit to the board a completed application and annually pay, during the month of November or December, a renewal registration fee to be determined by the board, not to exceed five hundred dollars.

Upon certification of completion of the continuing education requirements set forth by the board in its rules and payment of the renewal fee, the secretary of the board shall issue him the licensee a renewal certificate license for the year due.

The board may decline to renew a license if the architect's continuing education activities do not meet the standards set forth in the board's rules.

C.TheAnarchitect'sfailuretorenewhislicenseinpropertimeshallbythe designated renewal date shall result in the expiration of the architect's license.

Thisexpirationshallnotdeprivethearchitectoftherightofrenewalthereafter.The delinquent fee to be paid upon the renewal of a license by an architect domiciled in Louisiana at any time after the month of December in the year when such renewal fee first became due shall be determined by the board, not to exceed two hundred dollars.

This delinquent fee shall be in addition to the renewal registration fee set forth in Subsection A of this Section.

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291 ENROLLED D.Thedelinquentfeetobepaidupontherenewalofalicensebyanarchitect domiciled outside Louisiana at any time after the month of December in the year when such renewal fee first became due shall be determined by the board, not to exceed five hundred dollars.

This delinquent fee shall be in addition to the renewal registration fee set forth in Subsection B of this Section.

E.Everycorporation,professionalarchitecturalcorporationasdefinedinR.S.

12:1086, architectural-engineering corporation as defined in R.S.

12:1171, or any partnership,limitedliabilitypartnership,limitedliabilitycompany,association,sole proprietorship, or other entity seeking to firm desiring to continue its license in force in Louisiana shall renewits certificateof authoritylicense in Louisiana shall and, unless exempted bythe board, annuallypaya renewal fee to be determined by the board, not to exceed three hundred dollars, during the month of May or June.

The board shall issue a renewal certificate of authority license for the year upon receipt of the completed renewal application and renewal fee payment.

F.(1) The delinquency delinquent fee to be paid by any corporation, professional architectural corporation as defined in R.S.

12:1086, anyarchitectural- engineering corporation as defined in R.S.

12:1171, or any partnership, limited liability partnership, limited liability company, association, sole proprietorship, or other entity firm, when the renewal fee set forth in Subsection E of this Section is paid at any time after June in the year the fee first became due, shallbe determined by the board, not to exceed three hundred dollars.

(2)Thepaymentofanydelinquencydelinquent feeshall bepaidin addition to the annual renewal fee set forth in Subsection E of this Section.

G.

The board may not increase the renewal fees or the delinquency delinquentfeessetforthinthisSectionbymorethanthirtydollarsduringanythree- year period.

§151.

Roster of architects to be published annually The board shall publish annually a roster of registered architects with their addresses.Thispublishedrostershallbereceivedasevidenceincourtthatthenames itcontainsaredulyregisteredarchitectsofthisstateasofaspecificdateontheroster Page 15 of 26 Coding:

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291 ENROLLED maintain on its website a public, searchable roster for verification of licensure, which shall contain the name, license number, license status, initial licensure date, current expiration date, and work address of each licensee.

§152.

Use of title "architect";

seal or stamp architect seal A.(1) The name of the architectfollowed bythe title "architect"shall appear on every publication, announcement, and letterhead used by a person practicing architecture in connection with his practice.

(2) Every registered architect shall have a seal or stamp.

This shall contain his name, the words "Registered Architect, State of Louisiana," and the architect's license number an image authorized by the board.

All contract drawings and specifications issued bythe architect for use in this state shall be stamped or sealed.

The removal of an architect's seal or stamp, and/or use of an architect's plans, or both, unless otherwise provided bylaw orbywritten approval of the architect,shall be a violation of this Chapter and shall be subject to the penalties delineated in R.S.

37:154(B) and (D).

B.

ExceptinthecasescontemplatedbyR.S.

38:2317, noarchitectshall affix his seal or stamp or permit it to be affixed to any specification, drawing, or other related document which was not prepared either by him the architect or under his thearchitect'sresponsiblesupervisioncontrol.InthosecasescontemplatedbyR.S.

38:2317, the design professional reviewing state-owned plans, designs, specifications,orotherconstructiondocumentsshallremovethestamporsealofthe original architect and shall affix his stamp or seal to those documents that he the professional hasreviewedandapprovedforreuse.Thedesignprofessionalaffixing his stamp or seal to documents approved for reuse shall assume all responsibilities forthedocumentswhichbearhisstamportheprofessional'sseal.Noarchitectshall use his seal or stamp or do anyother act as an architect unless he the architect is at the time duly registered and licensed.

§153.

Board;

disciplinary actions;

revocation;

rescission;

suspension;

probation;

reprimand;

admonishment;

fine A.

The board mayparticipate in a proceeding to revoke, rescind, or suspend Page 16 of 26 Coding:

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291 ENROLLED the certificate of, registration or license, or both, place on probation, reprimand, admonish,orfineinanamountnottoexceedfivethousanddollarsperviolation,any individual or firm registrant or certificate holder licensee found by the board to have committed any of the following acts:

(1) Engaging in any fraud, deceit, gross incompetence, dishonesty, misrepresentation, misconduct, or gross negligence in the practice of architecture material misstatement, perjury, or giving any false or forged evidence in applying for a license, taking an examination, or in applying for any renewal license provided for in this Chapter.

(2) Engaging in any fraud, deceit, gross incompetence, dishonesty, material misrepresentation, misconduct, or gross negligence in the practice of architecture.

(3) Affixing his the licensee's seal, stamp, or name to any specification, drawing or other related document which was not prepared by him the licensee or under his the licensee's responsible supervision and control, or permitting his the licensee's seal, stamp, or name to be affixed to any such document.

(3)(4) Using his the licensee's seal or stamp or engaging in any other act constituting the practice of architecture or violating any order or term of probation imposed by the board at a time when his the licensee's certificate of registrationorlicenseisrescinded,suspended,orrevoked,oratatimewhenhisthe registrant's current renewal has not been obtained in accordance with the law, or when the license is expired for more than ninety days or in emeritus status.

(4)(5)Convictionofafelonyorentryofapleaofguiltyornolocontendere to a felony chargeunder the laws of the United States or any state, territory,or district of the United States, in which case a certified copy of the record of conviction shall be conclusive evidence of such conviction.

(5)(6) Willfully misleading or defrauding any person employing him the licensee as an architect.

(7) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of architecture.

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291 ENROLLED (6) Violating the provisions of this Chapter or any lawful rule or regulation adopted by the board pursuant to law.

(7)Practicinganyfraud,deceit,materialmisstatement,orperjuryinapplying for a certificate of licensure or registration or in taking any examination or in applying for any renewal certificate provided for in this Chapter.

(8) Beingconvicted Conviction of any civil or criminal violation crime or entering entry of a plea of guilty or nolo contendere to any criminal charge an element of which is fraud or which arises out of such individual's practice of architecture, in which case a certified copy of a record of conviction shall be conclusive evidence of such conviction.

(9)Therefusalofthelicensingauthorityofanotherstate,territory,ordistrict of the United States to issue or renew a license, permit, or certificate to practice architecture, or the revocation or suspension or other restriction imposed on a license,permit,orcertificateissuedbysuchlicensingauthority,onthegroundsother than non-payment of a registration fee, or a finding by such licensing authority that a person has engaged in the unlicensed practice of architecture;

provided that the reason for the action taken by the other licensing authority was recognized by the Louisiana board as a ground for the disciplinary action taken.

(10) Providing false testimony before the board.

(11) Failing to provide, within thirty calendar days of mailing the notice receipt of a request by certified or registered mail, or personal service, informationordocumentsrequestedbytheexecutivedirectorasaresultofaformal complaint to the board relating to an alleged alleging a violation of this Chapter.

(12) Using any advertising or solicitation which is false or misleading.

(13)Aiding orassistinganotherpersoninviolatinganyprovisionof this Chapter or any rule adopted and promulgated by the board.

(14) Declaration of insanity or incompetence by a court of competent jurisdiction.

(15)Presentingorattempting touse as one's own thelicense,certificate, or seal of another person.

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291 ENROLLED (16) Falsely impersonating any other licensee or certificate holder of a like or different name.

(17)Violatingornotcomplyingwithanyorder,ruling,ordecisionofthe board.

(18) Violating the provisions of this Chapter or any lawful rule or regulation adopted by the board pursuant to law.

B.

Each daythat a violation under Subsection A of this Section occurs shall may be considered a separate violation.

C.

The board may rescind, suspend, refuse to renew, or revoke a certificate of the registration or license, or both, place on probation, reprimand, admonish, or fine in an amount not to exceed five thousand dollars per violation, any foreign or domestic corporation firm as defined in R.S.

37:141(D)(8) if the firm or if one or more of its officers, directors, employees, agents, or representatives has violated any of the above provisions of this Section.

D.

In addition to any other action, the board may assess all reasonable costs incurred in connection with a disciplinary proceeding, including investigator fees, stenographer fees and attorney fees, and court costs as a condition of probation or reinstatement of any certificate or registration or license rescinded, suspended, or revoked pursuant to this Section.

The assessment of fees and costs may be considered disciplinary action.

E.TheAlldisciplinaryactionassessedtakenshallbepublishedintheannual Roster of Architects on the official website and in the official newsletter of the board and may be released to other professional organizations relating to architecture or to the news media.

F.

Proceedings under this Section shall be begun by any person filing a written complaint with the board against the registrant or certificate holder licensee intheformofaswornaffidavit.Theboard,uponitsownmotion,mayinvestigatethe actions of any registrant or certificate holder licensee and file a complaint against him the licensee or registrant.

G.

If in the opinion of the board, a hearing is warranted, a time and place for Page 19 of 26 Coding:

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291 ENROLLED the hearing of the charges shall be fixed bythe board.

A copyof the complaint shall besentbytheboardby registeredorcertified mail, through electronicmeans,or by personal service to the registrant or certificate holder licensee against whom a complaint has been filed at his last known address by registered or certified mail at least thirty days prior to the hearing together with a notice of the time and place of the meetingof the board at which the complaintshall beheard.Notwithstanding the provisions of this Subsection, the board maysummarilysuspend a license if it finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, as authorized by R.S.

49:977.3(C).

Any summary suspension shall be for a maximum period of thirty days.

H.

At the hearing the registrant or certificate holder licensee against whom a complaint has been filed shall have the right to cross-examine witnesses against him, to produce witnesses in his defense, and to appear personallyor by counsel.

I.

If the accused person or business entity firm fails or refuses to appear, the board may proceed to hear and determine the validityof the charges.

J.

No disciplinary action shall be taken hereunder unless a quorum of the board is present at the hearing.

K.

If the board determines to suspend the certificate of licensure license or registrationofanylicenseeorregistrantorcertificateholder,itshallfixtheduration of the period of the suspension.

If the board determines to issue a fine against the registrant or certificate holder licensee, it shall fix the amount of such fine.

L.

The executive director of the board shall give written notice of its action by registered or certified mail, through electronic means, or by personal service to the registrant or certificate holder licensee against whom the complaint was filed at his last known address.

M.

The board may require the production of books, papers, or other documentsandmayissuesubpoenastocompeltheattendanceofwitnessestotestify and to produce any relevant books, papers, or other documents in their possession before the board in any proceeding concerning any violation.

The subpoenas shall be served by the sheriff of the parish or private process server where the witness Page 20 of 26 Coding:

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291 ENROLLED resides or may be found.

If any person refuses to obey any subpoena so issued, or refusesto testifyor to produceanybooks, papers, or other documents required to be produced, the board may present its petition to the district court of the parish in which that person was served with the subpoena setting forth the facts.

The court shallthenissuearuleto thatpersonrequiringhim thatperson to obeythesubpoena or show cause why he that person fails to obey it.

Unless that person shall show sufficient cause for failing to obey the subpoena, the court shall direct him that person to obey the subpoena and, upon his refusal to comply, he that person shall be adjudged in contempt of court and punished therefor, as the court maydirect.

N.

Any registrant or certificate holder licensee who has been subjected to disciplinaryaction bythe board shall have the right to appeal to the district court of the parish in which the hearing was held.

The appeal shall be governed by the AdministrativeProcedureActR.S.49:950etseq.mayappealtheboard'sdecision pursuant to the Administrative Procedure Act.

O.

The board shall have the power to issue a new certificate of registration or license, change a revocation to a suspension, or shorten a period of suspension, or otherwise amend any disciplinary action taken hereunder upon satisfactory evidence that proper reasons for such action exist.

Any person whose certificate of registration orlicensehasbeensuspendedshall havehiscertificateofregistration or license automatically reinstated by the board at the end of his period of suspension upon payment of the renewal fee.

No delinquent fee shall be charged for reinstatement of certificate of registration or license under the provisions of this Chapter.

§154.

Violations and penalties A.

Any The board shall have the power to take enforcement action against any person, corporation, company, partnership, firm, business entity, or individual, found by the board to be guilty of any of the following acts:

(1)whoshallpractice,oroffertopractice,Practicingorofferingtopractice architecture in this state without being certified registered and licensed in accordance with the provisions of this Chapter,.

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291 ENROLLED (2) or anyperson presentingor attempting Attempting to use as his own the certificate of registration, license, or the seal of another,.

(3) Engaging in any fraud, deceit, material misstatement, perjury, or giving any false or forged evidence in taking any examination.

(4) or anyperson who shall give Giving anyfalse or forged evidence of any kindto theboard,orto anymemberthereof,in obtainingacertificateofregistration, or a license.

(5) or anyperson who shall falselyimpersonate Falsely impersonating any other registrant or certificate holder licensee of like or different name,.

(6) or any person who shall attempt Using or attempting to use an expired or revoked certificate of registration, or license.

(7) Using or attempting to use a seal which is deceptively similar to any seal authorized by the board for use by a licensee.

(8) Using the title or the words "architect", "architecture", or "architectural", or any modification or derivative thereof, or displaying or using any title, sign, advertisement, or other device to indicate that the person practices or offers to practice architecture, or renders architectural services, unless the user is duly registered and licensed pursuant to this Chapter.

(9) Falsely claiming that a person is registered or licensed pursuant to this Chapter.

(10) Violating or failing to comply with any order, ruling, or decision of the board.

(11)Failingtoprovide,withinthirtycalendardaysofreceiptofarequest by certified or registered mail or personal service, information or documents requested by the board relating to an alleged violation of this Chapter.

B.

or any Any person, applicant, registrant, or certificate holder who shall violate any of the provisions of this Chapter, shall be guilty of a misdemeanor.

An individualwhoviolatesanypartofthisChaptershall,uponconviction,besentenced to pay a fine of not less than three hundred dollars, nor more than fifteen one thousand five hundred dollars, or be imprisoned for a period not to exceed three Page 22 of 26 Coding:

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291 ENROLLED months, or both.

Any person, other than an individual, who violates any provision of this Chapter shall, upon conviction, be sentenced to pay a fine of not less than fifteenonethousandfivehundreddollars,normorethanfivethousanddollars.Each day the violation occurs shall constitute a separate offense.

B.C.

It shall be the dutyof the attorneygeneral, all district attorneys, and all dulyconstituted officersof the law of this state, or anypolitical subdivision thereof, to enforce the provisions of this Chapter and to prosecute any persons violating the provisions of this Chapter.

The attorney general, or his the attorney general's assistant, shall act as legal advisor to the board if requested bythe board and render such legal assistance as may be deemed necessary by the board in carrying out the provisions of this Chapter;

however, this shall not relieve the local prosecuting officers of anyduty to prosecute a violation of this Chapter.

C.D.(1)(a) The board shall ensure enforcement of the provisions of this Chapter.

The board may investigate any complaint relating to a violation of this Chapter and, depending upon the result of its investigation, the board may, after notice and hearing and by a majority vote of its entire membership authorized to participatein theproceeding,issueanorderprohibitingthepersonfromcommitting a violation of this Chapterorfineanysuchpersonforanyviolations of this Chapter, or both.

The fine shall not exceedonethousand five hundred dollars per violation in thecaseofanindividualorfivethousanddollarsperviolationinthecaseofaperson other than an individual.

(b)Thetimeandplaceforsaidhearingshallbefixedbytheboardandacopy of the charges, together with a notice of the time and place of the hearing, shall be personally served, on or mailed by certified mail, to the last known address of such person at least thirty days before the date fixed for hearing.

(c) At the hearing, the accused shall have the right to appear in person, or by counsel,orboth,tocrossexaminecross-examinewitnessesinhisoritsdefense,and to produce evidence and witnesses in his or its defense.

(d) If the accused person or business entity fails or refuses to appear, the board may proceed to hear and determine the validityof the charges.

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291 ENROLLED (2) Any person who violates any order of the board issued under pursuant to this Chapter shall be subject to a civil penalty not in excess of fifteen one thousand five hundred dollars per violation, in the case of an individual, or five thousanddollars per violation, in the caseof apersonotherthananindividual.

Ifthe penaltyimposed is not paid within sixtydays after the order becomes final, then the ordershall constitute a judgment and shall be filed and execution issued upon in the same manner as a judgment of a court of record.

Any civil penalty imposed by the board under pursuant to this Section may, at its discretion, be suspended in whole or in part.

(3) All funds derived from fines as provided in this Subsection shall be deposited in the state general fund.

(4)Anypersonaggrievedbyanyactionoftheboardin assessingafineunder pursuant to this Subsection mayappeal such action pursuant to the Administrative Procedure Act.

D.E.

In the alternative, after completion of any investigation by the board concerning a violation of this Chapter by a nonregistrant, the board may present its findings to the district attorneyin whose district the violation occurred and shall aid in any criminal prosecution for a violation, or the board may, if it deems necessary, initiate any civil proceeding for a violation of this Chapter directly and in its own name in any district court.

This action may be instituted by any member, officer, attorney, or agent of the board.

E.F.

In addition to anyother fine or penaltyimposed under pursuant to this Chapter, the board may assess all reasonable costs incurred in connection with a disciplinaryproceeding,including investigator fees, stenographerfees,andattorney fees,andcourtcostsagainstanypersonfoundtohaveviolatedanyorderoftheboard provision of this Chapter.

* * * §156.

Suits by board;

injunction A.

The board shall have the right to go into court in the jurisdiction in which the provisions of this Chapter are beingviolated a court of competentjurisdiction Page 24 of 26 Coding:

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291 ENROLLED and, upon affidavit or other proof, secure a temporaryrestrainingorder, preliminary injunction, or permanent injunction restraining and prohibiting anyviolation of this Chapterandtheperformanceofanyworkthenbeingdoneorabouttobecommenced in violation of this Chapter.

B.

Anyperson found guiltyof violating anyprovision of this Chapter in any such proceeding shall pay to the board a civil penalty in an amount determined by thecourtwhichmayincludetheboard'sattorneysfees,costs,investigation,andother expenses, but in no event shall the fine be less than the sum of one thousand dollars.

C.

The trial of the proceeding for an injunction shall be summary, with preference over ordinary proceedings, and tried by a judge without a jury.

D.Aviolationofaninjunctionshallbeconsideredasacontemptofcourt and punished in accordance with law.

§157.

Annual report The board shall make an annual report to the governor of its transactions, with any recommendations for the advancement and betterment of the profession primary activities during the previous calendar year.

§158.

Firm practice;

licensure;

promulgation of rules and regulation A.Alldomesticfirmsandforeignfirmsqualifyingto dobusiness inthestate ofLouisiana,whichpracticeoroffertopracticearchitectureinthestateofLouisiana are subject to regulation and supervision by the board, and the board, in implementationofthisSection,mayissuerulesandregulationsfurthergoverningthe conduct and activities of such firms.

B.

Within thirty days after the issuance by the secretary of state of a certificate of incorporation of a Louisiana corporation formed pursuant to the LouisianaBusinessCorporationLaw,R.S.12:1-101etseq.,theLouisianaNonprofit Corporation Law, R.S.

12:201 et seq., or the Louisiana Architectural-Engineering Corporation Law, R.S.

12:1171 et seq., or the issuance bythe secretaryof state of a certificateof organization of a Louisiana limited liabilitycompanyformed pursuant to the Louisiana Limited Liability Company Law, R.S.

12:1301 et seq., or the qualificationofaforeigncorporationorforeignlimitedliabilitycompanyinthestate Page 25 of 26 Coding:

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291 ENROLLED of Louisiana which practices or offers to practice architecture in the state of Louisiana, the firm shall file an application for registration and licensure with the board on a form provided bythe board.

C.

Within sixty days after the firm files with the board the application required above, the board, in the event the firm is otherwise in compliance with the provisions of this Chapter and the rules and regulations issued by the board governingfirms,shallissuealicense.Anyfirmhavingbeensolicensedbytheboard shall have the authorityto contract to deliver such provide architectural services in Louisiana, and thereforeit shall be subject to disciplinaryactionas providedin this Chapter.

Section 2.

R.S.

37:146.1 is hereby repealed.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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