CHAPTER
Arch 100 DEFINITIONS,
ORGANIZATION AND PUBLIC INFORMATION
PART Arch 101 PURPOSE AND SCOPE
Arch
101.01 Purpose
and Scope. The rules of this title
implement the statutory responsibilities of the
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New. #6136, eff 12-1-95;
ss by #7942, eff 8-27-03
PART Arch 102 DEFINITIONS
Arch
102.01 Terms
Used. As used in these rules, the
following terms shall have the meanings indicated:
(a) "Architect" means,
"architect" as defined in RSA 310-A:28, I namely "a person who,
by reason of having acquired through
professional education and practical experience an advanced training in
building construction and architectural design and an extensive knowledge of
building standards created to safeguard the public from hazards such as fire,
panic, structural failure, and unsanitary conditions, is technically and legally
qualified to practice architecture and who is licensed by the board or
otherwise authorized by this subdivision to engage in the practice of
architecture."
(b) "Architecture" means
"architecture" as defined in RSA 310-A:28, II namely "any
professional service or creative work requiring the application of advanced
knowledge of architectural design, building construction and standards, and
involving the constant exercise of discretion and judgment in such activities
as consultation, investigation, evaluation, planning, design or responsible
supervision of construction in connection with any public or private buildings,
wherein the safeguarding of life, health or property is concerned."
(c)
"Board" means the
(d) "Executive director"
means the board’s staff director, a person with delegated authority to perform
administrative and clerical functions for the board.
(e)
“Architect retired” means a person who has been licensed as an
architect by the board and who chooses to relinquish or not to renew a license
and who applies for the honorary status of architect, retired.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New. #6136, eff 12-1-95;
ss by #7942, eff 8-27-03; amd by #9875, eff
3-1-11
PART
Arch 103 BOARD
ORGANIZATION
Arch 103.01 Duties and Responsibilities. The board shall administer the provisions of
RSA 310-A:28-52 which include but are not limited to safeguarding property, to promoting public welfare
and maintaining a high standard of integrity, skills and practice in the
profession of architecture in this state.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New. #6136, eff 12-1-95;
ss by #7942, eff 8-27-03
Arch 103.02 Composition of the Board. Pursuant to RSA 310-A:29, I the
board shall consist of 5 members who meet the eligibility requirements of RSA
310-A:29, I, II or both.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New. #6136, eff 12-1-95;
ss by #7942, eff 8-27-03
Arch 103.03 The Chairperson and
Vice Chairperson.
The chairperson shall preside at all
meetings. In the absence of the
chairperson, the vice-chairperson shall preside.
Source. #7942, eff 8-27-03
Arch 103.04 Staff. The board shall designate an executive
director and such other staff members as are necessary to perform the
record-keeping and other statutory functions of the board and to oversee the
board’s day-to-day operations.
Source. #7942, eff 8-27-03
Arch 103.05 Organization. In October of even years, the board shall
meet and organize and, by election from among its members, select a
chairperson, vice-chairperson and secretary.
Source. #7942, eff 8-27-03
Arch 103.06 Seal. The seal of the board shall be an embossed
circular seal 2 1/2" in diameter.
The center of the seal shall have a triangle and tee square superimposed
upon an outline map of the State of
Source. #7942, eff 8-27-03
Arch
103.07 Office
Hours, Office Location, Mailing Address and Telephone.
(a) The board’s office shall be located at the Office
of Professional Licensure and Certification, 7 Eagle Square, Concord, N.H. and
shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to
4:00 p.m.
(b) Correspondence shall be addressed to the
board at:
Office of
Professional Licensure and Certification
7 Eagle Square
Concord, N.H.
03301
(c) The board’s telephone number shall be 603-271-2152.
Source. #7942, eff 8-27-03; ss
by #13271, eff 10-2-21
PART
Arch 104 PUBLIC
INFORMATION
Arch 104.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board. Minutes of board actions which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and
shall be available for inspection during the board’s ordinary office hours
within 144 hours from the close the meeting or vote in questions unless the 72
hours availability requirement of RSA 91-A:3, III is applicable.
Source. #6378, eff 11-22-96;
ss by #7942, eff 8-27-03
Arch 104.02 Custodian of Records. Persons desiring copies of board records
shall submit a request which identifies as particularly as possible the
information being sought and agrees to pay the actual costs incurred by the
board for the documents provided. If
records are requested which contain both public and confidential information,
the board shall delete the confidential information and provide the remaining
information.
Source. #7942, eff 8-27-03
Arch 104.03 Roster Distribution. Copies of a roster containing names,
addresses, and assigned numbers of licensed architects shall be furnished upon
request. The fee shall be $20.00.
Source. #7942, eff 8-27-03
PART Arch 105 MEETINGS, DELIBERATIONS AND DECISIONS
Arch 105.01 Meetings. Regular meetings shall be held at least 3
times each year. Special meetings shall
be called by order of the chairperson or secretary. Each member of the board shall be notified in
writing of each meeting and such notice shall contain the place, date, time,
and subject of the meeting. Notice of meetings shall be posted in 2 conspicuous
places, one of which shall be the board’s website.
Source. #7942, eff 8-27-03; ss
by #13271, eff 10-2-21
Arch 105.02 Quorum. A quorum of the board shall consist of not
less than 3 members and a majority vote by the members present shall be
necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or
secretary, a quorum of the board shall designate a pro tempore officer for the
officer or officers absent.
Source. #7942, eff 8-27-03
Arch 105.03 Board Meeting Procedures.
The board shall conduct its meetings in
the following order:
(a)
Call to order;
(b)
Interviews/meetings;
(c)
Reading of the minutes;
(d)
Reading of communications;
(e)
(f)
Unfinished business;
(g)
New business; and
(h)
Adjournment.
Source. #7942, eff 8-27-03
Arch 105.04 Procedures. Roberts Rules of Order, 9th edition dated
1990 shall govern the procedures of the board.
Source. #7942, eff 8-27-03
Arch 105.05 Tentative Decisions.
(a)
When necessary to conduct the board’s business in a timely and efficient
manner, the board shall instruct its staff or a committee of the board to
prepare a draft document, subject to subsequent review and approval by the
board. Such instructions shall be known as tentative decisions.
(b)
Tentative decisions shall not be final actions, and
shall not be binding upon the board. Changes in the form or the substance of a
tentative decision shall be made as often as necessary to produce a final
document, which satisfactorily sets forth the final result
the board intends to reach. The board’s
final decision shall be issued only when the necessary majority has voted in
favor of the final form of the proposed action, allowing time for printing or
servicing the document in question.
Source. #7942, eff 8-27-03
PART
Arch 106 APPOINTMENT
OF COMMITTEES
Arch 106.01 Committees.
(a)
A committee shall consist of one or more of board members who have been
directed by the board to investigate and make recommendations on matters which
could be handled by the full board.
(b)
When expressly authorized by the board, the authority of a committee
shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332:G-3.
Source. #7942, eff 8-27-03
CHAPTER Arch 200 PRACTICE AND
PROCEDURE
PART
Arch 201 PURPOSE
AND SCOPE
Arch 201.01 Purpose and Scope. The board shall conduct various proceedings
for the purpose of acquiring sufficient information to make fair and reasoned
decisions on matters within its statutory jurisdiction, including decisions on
applications for licensure and complaints filed against licensees and others in
the practice of architecture. These
rules are intended to secure the just, efficient and
accurate resolution of all board proceedings.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
PART
Arch 202 DEFINITIONS
Arch 202.01 Purpose and Scope.
(a) “Appearance” means a written
notification to the board that a party or a party’s representative intends to
actively participate in a hearing.
(b) “Hearing” means “adjudicative
proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed
in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”
(c) “Motion” means a request to the
presiding officer for an order or ruling directing some act to be done in favor
of the party making the motion, including a statement of justification or
reasons for the request.
(d) “Natural person” means a human being.
(e) “Party” means “party” as defined by
RSA 541-A:1, XII, namely, “each person or board named or admitted as a party,
or properly seeking and entitled as a right to be admitted as a party.” The term “party” includes all intervenors in
a proceeding, subject to any limitations established pursuant to RSA 541-A:33,
III.
(f) “Person” means “person” as defined by
RSA 541-A:1, XIII, namely, “any individual, partnership, corporation,
association, governmental subdivision, or public or private organization of any
character other than a board.”
(g) “Presiding officer” means presiding
officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the
board has delegated the authority to preside over a proceeding, if any;
otherwise it shall mean the head of the board.”
(h) “Proof by a preponderance of the
evidence” means a demonstration by admissible evidence that a fact or legal
conclusion is more probable than not to be true.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
PART
Arch 203 PRESIDING
OFFICER; WITHDRAWAL AND WAIVER OF RULES
Arch 203.01 Presiding Officer;
Appointment; Authority.
(a)
All hearings shall be conducted for the board by a natural person
appointed or authorized to serve as a presiding officer.
(b)
A presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution acceptable
to all parties;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(6) Question any witness to develop a complete record;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to
conduct the hearing and complete the record in a fair and timely manner.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
Arch 203.02 Withdrawal of Presiding
Officer.
(a)
Upon his or her own initiative or upon the motion of any party, a
presiding officer or board official shall, for good cause withdraw from any
hearing.
(b)
Good cause shall exist if a presiding officer or board official:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a case;
(3) Personally believes
that he or she cannot fairly judge the facts of a case; or
(c)
Mere knowledge of the issues, the parties or any witness shall not
constitute good cause for withdrawal.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
Arch 203.03 Waiver or Suspension of
Rules by Presiding Officer. The
presiding officer, upon his or her own initiative or upon the motion of any
party, shall suspend or waive any requirement or limitation imposed by this
chapter upon reasonable notice to affected persons when the proposed waiver or
suspension appears to be lawful, and would be more likely to promote the fair,
accurate and efficient resolution of issues pending before the board than would
adherence to a particular rule or procedure.
Source. #7943-A,
eff 8-27-03
PART
Arch 204 FILING,
FORMAT AND DELIVERY OF DOCUMENTS
Arch 204.01 Date of Issuance or Filing. All documents governed by these rules shall
be rebuttably presumed to have been issued on the date noted on the document
and to have been filed with the board on the actual date of receipt by the
board, as evidenced by a date stamp placed on the document by the board in the
normal course of business.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
Arch 204.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other
documents filed under these rules shall:
(1) Include the title and docket number of the proceeding,
if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party appears by a representative, by the representative;
and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Arch 204.03.
(b)
A party or representative's signature on a document filed with the board
shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds
to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
Arch 204.03 Delivery of Documents.
(a)
Copies of all petitions, motions, exhibits, memoranda, or other documents
filed by any party to a proceeding governed by these rules shall be delivered
by that party to all other parties to the proceeding.
(b)
All notices, orders, decisions or other
documents issued by the presiding officer or board shall be delivered to all
parties to the proceeding.
(c)
Delivery of all documents relating to a proceeding shall be made by personal
delivery or by depositing a copy of the document, by first class mail, postage
prepaid, in the United States mail, addressed to the last address given to the
board by the party or if represented to the party’s representative.
(d)
When a party appears by a representative, delivery of a document to the
party's representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
PART
Arch 205 TIME
PERIODS
Arch 205.01 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to in these rules shall begin
with the day after the action which sets the time period in motion,
and shall include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or
legal holiday.
Source. #6153, eff 12-27-95;
ss by #7943-A, eff 8-27-03
PART
Arch 206 MOTIONS
AND PLEADINGS
Arch 206.01 Motions; Objections.
(a)
Motions shall be in written form and filed with the presiding officer,
unless made in response to a matter asserted for the first time at a hearing or
on the basis of information which was not received in
time to prepare a written motion.
(b)
Oral motions and any oral objection to such motions shall be recorded in
full in the record of the hearing. If
the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding
officer shall order the moving party to submit the motion in writing, with
supporting information within 5 days of the order. Objections to such motions shall be filed
within 5 days of the filing of the motion.
(c)
Objections to written motions shall be filed within 30 days of the date
of the motion.
(d)
Failure by an opposing party to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(e)
The presiding officer shall rule upon a motion after full consideration
of all objections and other factors relevant to the motion.
Source. #7943-A,
eff 8-27-03
Arch 206.02 Pleadings.
(a)
The only pleadings permitted shall be petitions, other than for
rulemaking, and replies to petitions.
Applications shall not be considered pleadings.
(b)
All petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts that caused
the petitioner to request the board to act;
(4) The action that the petitioner wishes the
board to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the board to
act.
(c) Board replies to petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the representative of
the petitioner, if any;
(3) A statement addressing each fact alleged in
the petition;
(4) A statement addressing the authority
identified by the petitioner;
(5) A concise response to each statement;
(6) The identification of any statutes, rules,
orders, or other authority, not identified in the petition, having a bearing
upon the subject matter of the petition; and
(7) The action the board took.
(d) Replies shall be filed within 90 days from
the date of the petition.
Source. #7943-A,
eff 8-27-03
PART
Arch 207 NOTICE
OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES
Arch 207.01 Commencement of Hearing.
A hearing shall be commenced by an order
of the board giving notice to the parties at least 30 days prior to the hearing
as required by Arch 207.03.
Source. #7943-A,
eff 8-27-03
Arch 207.02 Docket Numbers. A docket number shall be assigned to each
matter to be heard which shall appear on the notice of hearing and all
subsequent orders or decisions of the board.
Source. #7943-A,
eff 8-27-03
Arch 207.03 Notice of Hearing.
(a)
A notice of a hearing issued by the board at least 30 days prior to the
hearing and shall contain the information required by RSA 541-A:31, III,
namely:
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the particular statutes and
rules involved including this chapter;
(4) A short and plain statement of the issues presented;
(5) A statement that each party has the right to
have an attorney represent them at their own expense; and
(6) A statement that each party has the right to
have the board provide a certified shorthand court reporter at the party’s
expense and that any such request shall be submitted in writing at least 10
days prior to the hearing.
Source. #7943-A,
eff 8-27-03
Arch 207.04 Appearances and
Representation.
(a)
A party or the party’s representative shall file an appearance that includes
the following information:
(1) A brief identification of the matter;
(2) A statement as to whether
or not the representative is an attorney; and
(3) The party or representative's daytime address
and telephone number.
Source. #7943-A,
eff 8-27-03
Arch 207.05 Prehearing Conference. Any party may request, or the presiding
officer shall schedule on his or her own initiative, a pre-hearing conference
in accordance with RSA 541-A:31, V to consider:
(a)
Offers of settlement;
(b)
Simplification of the issues;
(c)
Stipulations or admissions as to issues of fact or proof by consent of
the parties;
(d)
Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(g)
Any other matters which aid in the disposition of the proceeding.
Source. #7943-A,
eff 8-27-03
PART
Arch 208 ROLES
OF BOARD STAFF AND COMPLAINANTS
Arch 208.01 Role of Board Staff in
Enforcement or Disciplinary Hearings.
Unless called as witnesses, board staff as defined in Arch 103.04 shall
have no role in any enforcement or disciplinary hearing.
Source. #7943-A,
eff 8-27-03
Arch 208.02 Role of Complainants in
Enforcement or Disciplinary Hearings.
Unless called as a witness or granted party or intervenor status, a
person who initiates an adjudicative proceeding by complaining to the board
about the conduct of person who becomes a party shall have no role in any
enforcement or disciplinary hearing.
Source. #7943-A,
eff 8-27-03
PART
Arch 209 INTERVENTION
Arch 209.01 Intervention.
(a)
A non-party may intervene in a matter pending before the board under the
provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that
the non-party's rights or other substantial interests might be affected by the
proceeding or that the non-party qualifies as an intervenor under any provision
of law.
(b)
If the presiding officer determines that such intervention would be in
the interests of justice and would not impair the orderly and prompt conduct of
the hearing, he or she shall grant the motion for intervention.
(c)
Participation by intervenors shall be limited to that which is necessary
to protect the interest identified in the petition for intervention.
(d)
Petitions for intervention shall be filed any time after commencement of
a proceeding, and state:
(1) The petitioner's interest in the subject
matter of the hearing;
(2) Whether the petitioner appears in support of the complainant, or the respondent, as well
as for his or her own interest;
(3) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(4) Any other reasons why the petitioner should
be permitted to intervene.
(e)
A person filing a complaint that becomes the subject of a disciplinary hearing
shall be served with the hearing notice and notified of the right to intervene
in the proceeding.
(f) Once granted leave to intervene, an
intervenor shall take the proceeding as he or she find it and no portion of the
proceeding shall be repeated because of the fact of intervention.
Source. #7943-A,
eff 8-27-03
Arch 210.01 Postponements.
(a)
Any party to a hearing may make an oral or written motion that a hearing
be postponed to a later date or time.
(b)
If a postponement is requested by a party to the hearing, it shall be
granted if the presiding officer determines that good cause has been
demonstrated. Good cause shall include
the unavailability of parties, witnesses or attorneys
necessary to conduct the hearing, the likelihood that a hearing will not be
necessary because the parties have reached a settlement or any other circumstances
that demonstrate that a postponement would assist in resolving the case fairly.
(c)
If the later date, time and place are known at
the time of the hearing that is being postponed, the date, time and place shall
be stated on the record. If the later
date, time and place are not known at the time of the
hearing that is being postponed, the presiding officer shall issue a written
scheduling order stating the date, time and place of the postponed hearing as
soon as practicable.
Source. #7943-A,
eff 8-27-03
Arch 210.02 Failure to Attend Hearing. If any party to whom notice has been given in
accordance with Arch 207.03 fails to attend a hearing, the presiding officer
shall declare that party to be in default and either:
(a)
Dismiss the case, if the party with the burden of proof fails to appear;
or
(b)
Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.
Source. #7943-A,
eff 8-27-03
PART
Arch 211 REQUESTS
FOR INFORMATION OR DOCUMENTS
Arch 211.01 Voluntary Production of
Information.
(a)
Each party shall attempt in good faith to completely and timely respond
to requests for the voluntary production of information or documents relevant
to the hearing.
(b)
When a dispute between parties arises concerning a request for the
voluntary production of information or documents, any party may file a motion
to compel the production of the requested information under Arch 211.02.
Source. #7943-A,
eff 8-27-03
Arch 211.02 Motions to Compel Production
of Information.
(a)
Any party may make a motion requesting that the presiding officer order
the parties to comply with information requests. The motion shall be filed at least 15 days
before the date scheduled for the hearing, or as soon as possible after
receiving the notice of hearing.
(b)
The moving party’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c)
When a party has demonstrated that such requests for information are
necessary for a full and fair presentation of the evidence at the hearing, the
presiding officer shall grant the motion.
Source. #7943-A,
eff 8-27-03
Arch 211.03 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
At least 5 days before the hearing the parties shall exchange a list of
all witnesses to be called at the hearing with a brief
summary of their testimony, a list of all documents or exhibits to be
offered as evidence at the hearing, and a copy of each document or exhibit.
Source. #7943-A,
eff 8-27-03
PART
Arch 212 RECORD,
PROOF, EVIDENCE AND DECISIONS
Arch 212.01 Record of the Hearing.
(a)
The board shall record the hearing by tape recording or other method
that will provide a verbatim record except for a proceeding on emergency action
shall be governed by RSA 541-A:30, III.
(b)
If any person requests a transcript of the taped record, the board shall
cause a transcript to be prepared and, upon receipt of payment for the cost of
the transcription, shall provide copies of the transcript to the requesting
party.
(c)
At the request of a party to any proceeding involving disciplinary
action, the record of the proceeding shall be made by a certified shorthand
court reporter provided by the board at the requesting party’s expense. A request for a certified shorthand court
reporter shall be filed at least 10 days prior to the hearing.
Source. #7943-A,
eff 8-27-03
Arch 212.02 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. #7943-A,
eff 8-27-03
Arch 212.03 Testimony; Order of
Proceeding.
(a)
Any person offering testimony, evidence or arguments shall state for the
record his or her name, and role in the proceeding. If the person is representing another person,
the person being represented shall also be identified.
(b)
Testimony shall be offered in the following order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call; and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. #7943-A,
eff 8-27-03
Arch 212.04 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b)
All documents, materials and objects offered as exhibits shall be
admitted into evidence unless excluded by the presiding officer as irrelevant,
immaterial, unduly repetitious or legally privileged.
(c)
All objections to the admissibility of evidence shall be stated as early
as possible in the hearing, but not later than the time when the evidence is
offered.
(d)
Transcripts of testimony and documents or other materials, admitted into
evidence shall be public records unless the presiding officer determines that
all or part of a transcript or document is exempt from disclosure under RSA
91-A:5 or applicable case law.
Source. #7943-A,
eff 8-27-03
Arch 212.05 Proposed Findings of Fact
and Conclusions of Law.
(a)
Any party may submit proposed findings of fact and conclusions of law to
the presiding officer prior to or at the hearing.
(b)
Upon request of any party, or if the presiding officer determines that
proposed findings of fact and conclusions of law would serve to clarify the
issues presented at the hearing, the presiding officer shall specify a date
after the hearing for the submission of proposed findings of fact and
conclusions of law.
(c)
In any case where proposed findings of fact and conclusions of law are
submitted, the decision shall include rulings on the proposals.
Source. #7943-A,
eff 8-27-03
Arch 212.06 Closing the Record.
(a)
After the conclusion of the hearing, the record shall be closed and no
other evidence shall be received into the record, except as allowed by
paragraphs (b) of this section and Arch 212.08.
(b)
Before the conclusion of the hearing, a party may request that the
record be left open to allow the filing of specified evidence not available at
the hearing. If the other parties to the
hearing have no objection or if the presiding officer determines that such
evidence is necessary to a full consideration of the issues raised at the
hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence
and for cross examination on such evidence.
Source. #7943-A,
eff 8-27-03
Arch 212.07 Reopening the Record. At any time prior to the issuance of the decision
on the merits, the presiding officer, on the presiding officer’s own initiative
or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or
arguments not previously received, if the presiding officer determines that
such testimony, evidence or arguments are necessary to a full and fair
consideration of the issues to be decided.
Source. #7943-A,
eff 8-27-03
Arch
212.08 Decisions.
(a) A board member shall not participate in making a decision unless he or she personally heard the
testimony in the case, unless the matter’s disposition does not depend on the
credibility of any witness and the record provides a reasonable basis for
evaluating the testimony.
(b) The board shall deliberate, after a hearing,
in non-public session.
(c) If a presiding officer has been delegated the
authority to conduct a hearing in the absence of a majority
of the officials of the board who are to render a final decision, the
presiding officer shall submit to the board a written proposal for decision,
which shall contain a statement of the reasons for the decision and findings of
fact and rulings of law necessary to the proposed decision.
(d) If a proposal for decision in a matter not
personally heard by the board is adverse to a party to
the proceeding other than the board itself, the board shall serve a copy of the
proposal for decision on each party to the proceeding and provide an
opportunity to file exceptions and present briefs and oral arguments to the
board.
(e) A proposal for decision shall become a final
decision upon its approval by the board.
(f) A board shall keep a decision on file in its
records for at least 5 years following the date of the final decision or the
date of the decision on any appeal, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source. #7943-A,
eff 8-27-03;
ss by #13271, eff 10-2-21
Arch 213.01 Purpose. The rules in this part are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the board prior to appealing the
decision.
Source. #7943-A,
eff 8-27-03
Arch 213.02 Applicability. The rules in this part shall apply whenever
any person has a right under applicable law to request a rehearing of a
decision prior to filing an appeal of the decision with the court having appellate
jurisdiction.
Source. #7943-A,
eff 8-27-03
Arch 213.03 Filing and Content of Motion.
(a)
A motion for rehearing shall be filed within 30 days of the date of the
board decision or order.
(b)
A motion for rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board's decision
to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction,
authority or observance of the law, an abuse of discretion or arbitrary
unreasonable or capricious;
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #7943-A,
eff 8-27-03
Arch 213.04 Standard for Granting Motion
for Rehearing. A motion for
rehearing in a case subject to appeal under RSA 541 shall be granted if it
demonstrates that the board's decision is unlawful, unjust
or unreasonable.
Source. #7943-A,
eff 8-27-03
Arch 213.05 Decision
on Motion for Rehearing. The board
shall grant or deny a motion for rehearing, or suspend
the order or decision pending further consideration within 10 days of the
filing of the motion for rehearing.
Source. #7943-A,
eff 8-27-03
PART Arch 214 RULEMAKING PUBLIC COMMENT HEARINGS
Arch 214.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and
consideration by the board relative to rulemaking.
Source. #7943-A,
eff 8-27-03
Arch 214.02 Scope.
(a)
These rules shall apply to all hearings required by state law to be
conducted by the board at which public comment shall be solicited, except that
they shall not apply to adjudicative hearings.
(b) If any
requirement set by these rules conflicts with an applicable statute such other
authority shall control.
Source. #7943-A,
eff 8-27-03
Arch 214.03 Notice.
(a) A public comment hearing concerning rulemaking
shall be commenced by placing notice of the hearing in the "Rulemaking
Register" so that it shall appear at least 20 days prior to the hearing
date.
(b)
Notice for rulemaking public comment hearings shall comply with RSA
541-A:6, I.
(c)
Nothing in these rules shall prohibit the board from giving greater
notice than the minimums set out in this part.
Source. #7943-A,
eff 8-27-03
Arch 214.04 Media Access.
(a)
Public comment hearings shall be open to the print and electronic media.
(b)
The moderator shall place limits on the activities of the media to avoid
disruption in the following ways:
(1) Limiting the number of media representatives
when their presence is disproportionate to the number of citizens present and
shall cause citizens to be excluded;
(2) Limiting the placement of television cameras
to certain locations in the hearing room; and
(3) Prohibiting interviews from being conducted within
the hearing room during the hearing.
Source. #7943-A,
eff 8-27-03
Arch 214.05 Moderator.
(a)
The hearing shall be presided over by a moderator who shall be the board
chairperson or a designee.
(b) The moderator shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Place limits on the media to avoid disruption
as set out in Arch 214.04(b);
(4) Recognize those who wish to be heard and establish
the order thereof;
(5) Limit the time for each speaker, as set out
in Arch 214.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of
written comments.
Source. #7943-A,
eff 8-27-03
Arch 214.06 Public Participation.
(a)
Any person who wishes to speak on the issue or issues which are the
subject of the hearing shall place his or her name and address on a speakers'
list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list,
as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined
considering the number of people who wish to be heard, the time and the
availability of the facility.
(b)
The board, through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name and address;
(2) When a group or organization wishes to
comment, limit the group to no more than 3 spokespersons, provided that the
members who are present shall be allowed to enter their names and addresses
into the record as supporting the position by the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his comments relevant to the issue or issues which are the subject of
the hearing.
(c)
Written comments may be submitted any time from the time notice has been
published until the record has been closed by the moderator, which shall not be
less than 7 calendar days after the hearing.
(d)
In the event that the number of speakers who wish to give oral testimony
relevant to the issue or issues involved exceed that number which can be heard
within a reasonable period of time subject to facility
availability and length of the hearing, the hearing shall be reconvened
pursuant to applicable provisions in RSA 541-A to afford such persons the
opportunity to be heard. Speakers may
elect to submit written testimony in lieu of additional oral hearing.
Source. #7943-A,
eff 8-27-03
PART Arch 215 PETITION FOR RULEMAKING
Arch 215.01 Petition for Rulemaking.
(a)
Any person may request the board to commence a proceeding for the purpose
of adopting, amending, or repealing a rule by filing a written petition that
contains:
(1) The text of the proposed rule or a statement
of the particular results intended by the petitioner to flow from the
implementation of the proposed rule;
(2) An identification of the particular rule
sought to be amended or repealed;
(3) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence a rulemaking
proceeding; and
(4) Name, address, signature of petitioner and
date.
Source. #7943-A,
eff 8-27-03
Arch 215.02 Disposition of Petition.
(a)
The board shall consider all petitions for rulemaking and proceed
pursuant to RSA 541-A:4. The board shall
request additional data or argument from the petitioner or other interested
persons to clarify the merits of the petition.
(b)
The board shall grant the petition if the petition is consistent with
statute and case law and will assist the board with the regulation of the
profession.
Source. #7943-A,
eff 8-27-03
PART
Arch 216 DECLARATORY
RULINGS
Arch 216.01 Petitions.
(a)
Any person may request a declaratory ruling from the board on matters
within its jurisdiction by filing an original and 5 copies of a petition
pursuant to Arch 206.02(b).
(b)
A petition for declaratory ruling shall set forth the following
information:
(1) The exact ruling being requested; and
(2)
The statutory and factual basis for
ruling, including any supporting affidavits or memoranda of a law.
Source. #7943-A,
eff 8-27-03
Arch 216.02 Action on Petitions.
(a) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings as the
board shall direct after reviewing the petition and any replies received.
(b)
Upon review and consideration, the board shall within 90 days rule on the
petition pursuant to Arch 206.02(d).
Source. #7943-A,
eff 8-27-03
PART
Arch 217 EXPLANATION
AFTER ADOPTION
Arch 217.01 Explanation After Adoption.
(a) Any person may request an explanation
regarding adoption of the rules pursuant to RSA 310-A:11, VII by submitting a
request to the board.
(b)
The request shall be considered at the next scheduled board meeting and
the board shall issue a response within 45
days after consideration.
Source. #7943-B, eff 8-27-03,
EXPIRED: 8-27-11
New. #10086, eff 2-1-12
CHAPTER Arch 300 LICENSURE REQUIREMENTS
PART Arch 301 APPLICATION REQUIREMENTS
Arch
301.01 Application
Process.
(a) Each person wishing to become licensed as an
architect shall submit an application for licensure form
which contains the information specified in Arch
301.02, and the application fee specified in Arch
305.01.
(b) An application for licensure, which is not
signed by the applicant, or is not accompanied by cash or a valid check for the
application fee, or both shall not be accepted and shall be returned to the
applicant.
(c) A person whose qualifications for licensure
do not meet the requirements specified in RSA 310-A:38 shall be denied a
license.
(d) If the application for licensure is denied,
the applicant shall be provided an opportunity to request a hearing on the
deficiency issues identified by the board in the same manner as for motions for
rehearing pursuant to Arch 213. Any such request shall be made in writing and
submitted to the board within 30 days of the receipt of the notification of
denial.
(e) Applications for licensure that do not have a
National Council of Architectural Registration Board (NCARB) record
or about which there has been no communication by the applicant to the board
for one year shall be destroyed.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New.
#6153, eff 12-27-95; ss by #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch 301.02 Application for Licensure.
(a)
Each applicant for licensure shall complete the form entitled
“Application for Licensure as an Architect,” as amended 8/2019. National Council of Architectural
Registration Boards (NCARB) certificate holders shall complete sections 1, 2, 3,
5, and 9 only. All others shall complete
the entire form.
(b)
The following information shall be provided on the form:
(1) Section 1, “General Information,” which
includes:
a. The applicant’s name, including any names
previously used;
b. The applicant’s residence and business name
and addresses, telephone numbers, and e-mail address;
c. The applicant’s date of birth and place of
birth; and
d. The applicant’s social security number
required pursuant to RSA 161- B:11, VI-a;
(2) Section 2, “Registration/Licensure Information,”
which includes:
a. Whether the applicant has ever taken the
Architectural Registration Examination (ARE), and if so, the location,
and date completed;
b. The state in which the applicant was first
registered or licensed as an architect, if any, including:
1. The date of licensure in that jurisdiction;
2. The applicant’s license number in that
jurisdiction; and
3. Whether the applicant was licensed by the
Architectural Registration Examination (ARE), or, if not, how the applicant was
licensed;
c. Whether the applicant still holds the registration
or license listed in (b)(2)b above and if not, the reasons why;
d. Whether the applicant has ever applied for an
architect’s license in New Hampshire and, if so, the status; and
e. Whether the applicant is applying for
facilitated licensure as a military spouse;
(3) Section 3, “General Information Questions,”
which includes:
a. Whether the applicant has ever been convicted
of any felony or any misdemeanor, or a violation involving architecture or the
practice of architecture and if so, the name of the court, the details of the
offense, the date of conviction, and the sentence imposed;
b. Whether the applicant has ever lost or been
denied registration or licensure as an architect or been disciplined or
sanctioned by another licensing board in any other state or jurisdiction if so,
an explanation of the circumstances;
c. Whether the applicant has ever held a NCARB
certificate, and if so, whether the candidate has requested the NCARB certificate be transmitted to the board office and the date the
transmission was requested;
d. Whether the applicant has completed the
Architectural Experience Program (AXP), and if so, the date completed, AXP number if applicable, and the date the candidate has
requested the AXP record be transmitted to the
board office; and
(4) Section 4, “Membership in Professional or
Scientific Associations,” which includes a list of current memberships in professional
or scientific societies which shall include:
a. Name of organization;
b. Location; and
c. Grades and dates of memberships;
(5) Section 5, “Education,” regarding the
applicant’s educational history, including:
a. The names of all high school and post-secondary
institutions attended;
b. The dates of attendance, major and degrees
awarded; and
c. Certified copies of
transcripts from all post-secondary institutions attended. If the applicant for licensure is a graduate
of a non-United States or Canadian institution, the applicant shall have his or
her transcripts sent directly from the institution to NCARB. The applicant
shall request translation and authentication be sent from NCARB directly to the
board office for evaluation by the board;
(6) Section 6, “References of Character and
Qualifications,” which includes the names, complete addresses, occupation, and
business relationship with the applicant of 5 references as specified in Arch 301.03;
(7) Section 7, “Practical Experience,” which
includes:
a. The applicant’s dates of employment, character
of employment, title, and present address of all employers;
b. The applicant’s position title and
description of duties for each position including types of work performed and
degree of responsibility; and
c. Name and present address of someone familiar
with each position listed in (b)(7)b above;
(8) Section 8, “Supplementary Experience Record,”
which includes a supplementary experience record of the architectural projects
or assignments the applicant was involved in, including the following information:
a. A brief description and identification of the
project or assignment by job title, location, and total cost;
b. An indication as to which of the employers
listed in (21) for which the project or assignment was undertaken; and
c. An identification as what portion of the work
the applicant was personally responsible for;
(9) Section 9, “Public and Community Service,” in
which the application may choose to share any additional public or community
service information the applicant wishes to provide; and
(10) Section 10, “Affidavits, which includes:
a. An affidavit stating the following: “I have
read the contents hereof and clearly understand that the correctness and truth of
my statements as recorded in the application are material, not only to the
issuance of the certificate of licensure, as applied for, but also to the
retention of said certificate, if issued;” and
b. The applicant’s signature and date.
(c)
Applicants shall pay the application fee specified in Arch 305.02.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New.
#6153, eff 12-27-95; ss by #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19
Arch
301.03 References
Required. Each applicant for licensure
shall provide the board with the names and addresses of not fewer than 5
individuals, not related to the applicant, as references. At least 3 shall be licensed
architects having detailed knowledge of the applicant's architecture
experience. The board shall contact any
individuals, companies, or institutions whose names appear in any part of the
completed application, if information submitted is unclear.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by 10904, eff 8-5-15
Arch 301.04 Information from References.
(a) The person providing the reference shall be requested to provide the
following on a form supplied by the board:
(1)
The applicant’s name;
(2)
The reference’s name and address, relationship to the applicant, status
as an architect as defined by RSA 310-A:28, I;
(3)
A brief description of the reference’s knowledge of the applicant’s
qualifications in the practice of architecture; and
(4)
Signature of reference and date.
(b) No reference form shall be accepted except
submissions made directly to the board by the person completing the form.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by 10904, eff 8-5-15
PART Arch 302 QUALIFICATIONS
Arch 302.01 Candidate Requirements.
(a)
Candidates for the architectural registration exam (ARE) shall meet one
of the following requirements:
(1)
Hold a professional degree from a school
whose curriculum has been accredited by the National Architectural Accrediting
Board (NAAB);
(2)
Be a student actively participating in a
NCARB accepted Integrated Path to Architectural Licensure (IPAL) option within
a NAAB accredited professional degree program in architecture; or
(3)
Have met the education and experience
requirements outlined in Arch 302.01 (b) (2) or (3).
(b)
Qualifications for licensure shall be determined as follows:
(1) Candidates possessing National Architectural
Accrediting Board (NAAB) or Canadian Architectural
Certification Board (CACB) accredited professional degree in architecture shall
have at least 3 years’ architectural experience and shall document completion
of the NCARB Architectural Experience Program (AXP) in
accordance with the NCARB Certification Guidelines July 2018 edition as
specified in Appendix B;
(2) Candidates possessing a 4 year
pre-professional degree in architecture shall have at least 7 years’
architectural experience and shall document
completion of the NCARB Architectural Experience Program (AXP) in accordance with the NCARB Certification Guidelines
July 2018edition as specified in Appendix B;
(3) Candidates possessing no degree shall have at
least 13 years’ architectural experience and
shall document completion of the NCARB Architectural Experience Program (AXP)
in accordance with the NCARB Certification Guidelines July 2018 edition as
specified in Appendix B; and
(4) The candidate shall take the ARE prepared by
NCARB and achieve a passing score.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New.
#6153, eff 12-27-95; ss by #7155, eff 12-14-99;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15;
ss by #12847, eff 8-14-19
Arch
302.02 Education
and Training Standards. The board shall
evaluate the candidates using the NCARB Certification Guidelines July 2018 edition
as specified in Appendix B and NCARB Education Guidelines December 2018 edition
as specified in Appendix B. All
candidates for licensure shall have completed the training requirements of the Architectural
Experience Program (AXP) through NCARB or have met the minimum requirements for
NCARB certification pursuant to the NCARB Certification Guidelines July 2018 edition
as specified in Appendix B.
Source.
#3029, eff
5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New.
#6153, eff 12-27-95; ss by #7155, eff 12-14-99;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15;
ss by #12847, eff 8-14-19
PART Arch 303 EXAMINATIONS
Arch 303.01 Examinations. All candidates for licensure shall have
successfully passed all divisions of the National Council of Architectural
Registration Boards (NCARB) architectural registration examination (ARE).
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New.
#6153, eff 12-27-95; ss by #6439, eff 1-23-97;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15;
ss by #12847, eff 8-14-19
PART
Arch 304 RECIPROCITY
Arch 304.01 Reciprocity.
(a)
Candidates for licensure who are licensed or registered in another
state, provided that the other state’s licensure or registration requirements
are consistent with Arch 302.01, the NCARB Certification Guidelines July 2018 edition
as specified in Appendix B, and NCARB Education Guidelines December
2018 edition as specified in Appendix B, shall apply to the board for licensure
on an application for licensure form as specified in Arch 301.02 and pay the
fee set forth in Arch 305.02.
(b)
Verification of licensure and examination shall be obtained by the
candidate for licensure and submitted to the board directly from the verifying
state for approval.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New.
#7944, eff 8-27-03; ss by #9097, eff 2-29-08;
ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19
PART Arch 305 APPLICATION/EXAMINATION/LICENSURE FEES
Arch 305.01 Application, Examination and
Licensure Fees.
(a) Application and licensure fees shall be in the
form of cash, money order, bank draft, credit card or check made payable to Treasurer, State of
(b) The examination fees shall be paid by the
applicant directly to the test administrator.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch
305.02 Application/Licensure Fees.
The application, examination, licensure and related
fees shall be as follows:
(a) The application fee for licensure by examination
shall be $150.00;
(b) The application fee for licensure through NCARB
council record shall be $250.00;
(c) The application fee for licensure for candidates
who do not have an NCARB council record shall be $325.00;
(d) The certificate of licensure fee shall be $50.00;
(e) The fee for verification of licensure or certification
shall be $25.00; and
(f) The biennial renewal fee shall be $150.00.
(g) The reinstatement fee after 12 months shall
be the renewal fee plus 20 percent per month late fee totaling $510.00;
(h) The application fee for certificate of
authorization for architect business organizations shall be $80.00 per year;
(i) The late fee for
certificate of authorization for architect business organizations shall be
$16.00 per month for each month or fraction of a month the renewal is late; and
(j)
The biennial fee for retired status shall be $30.00.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; amd by #9876, eff 3-1-11;
ss by #10904, eff 8-5-15
Arch
305.03 Replacement
Fee. The fee for replacement of a
lost or mutilated certificate of licensure shall be $30.00.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
PART Arch 306 CREDENTIALS
Arch
306.01 License. An applicant for licensure as an architect,
who has met all the requirements of RSA 310-A and these rules and who has paid all of
the fees, shall be issued a license by the board. The licensee shall be issued a license authorizing
the practice of architecture that shall show the name of the licensee, shall
have a serial number, and shall be sealed and signed by the members of the
board.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch
306.02 Pocket
Cards. The board shall issue a
pocket card upon receipt of the biennial renewal form and fee. The card shall certify that the architect
holds a license in good standing and is authorized to practice architecture to
the date of expiration as shown on the card.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch 306.03 Licensed Architect
Seal/Stamp.
(a) Upon issuance of an initial license to an
applicant as a licensed architect, the licensee shall acquire an impression
type seal or rubber stamp of the design specified by these rules. This seal shall bear the licensee's name and number as shown on the
license. This seal, signature of the
licensee and date shall be affixed on all papers or documents involving the
practice of architecture prepared by the licensee issued or filed for public
record.
(b) The seal shall consist of 2 concentric
circles with the outer circle having a diameter 1-9/16 inches and the inner
circle diameter 15/16 of an inch. In the
space between the circles at the top shall be the words "Licensed Architect"
and at the bottom shall be the words "The State of New
Hampshire." In the space inside the
inner circle shall be the full name of the licensee and the license number
written horizontally.
(c) The requirements of (b) above shall be as
illustrated below in figure 3.1:
Figure 3.1 Seal/Stamp
(d) It
shall be a violation of these rules for the licensee to stamp or seal any
documents with their seal after the license has expired, been revoked or suspended or after the licensee has chosen
retired status. It shall
be a violation of these rules for
the licensee to stamp or seal any documents not prepared by him or her
personally or under his/her direct supervision.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; amd by #9876, eff 3-1-11;
ss by #10904, eff 8-5-15
PART
Arch 307 ARCHITECT
CERTIFICATES FOR BUSINESS ORGANIZATIONS
Arch 307.01 Business Organization
Certificate Requirements.
(a)
Business organizations offering architectural services in New Hampshire shall
meet the requirements established pursuant to RSA 310-A:42-a.
(b)
Persons designated as being responsible for the architectural activities
of the business organization shall:
(1) Be licensed as an architect in this state;
and
(2) Be employed exclusively by the business
organization a minimum of 37.5 hours per week, except in the case of a business
organization solely owned by a licensed architect.
(c)
Applicants for a certificate of authorization for a business
organization shall provide, or cause to be provided, the following on a form
entitled “Application for Certificate of Authorization (COA) for the Practice
of Architecture,” dated May 2019:
(1) The firm name, including any names previously
used;
(2) Certificate of authorization number for
renewal applicants;
(3) Whether the application is new or a renewal;
(4) The applicant’s business addresses and
telephone numbers;
(5) Names and addresses of corporate officers or partners;
(6) Names and addresses of person(s) responsible
for architectural activities and decisions;
(7)
NH license number, and status of person(s) responsible for architectural
activities and decisions;
(8) Whether the person(s) responsible for
architectural activities and decisions is employed part-time or full-time;
(9) Name and e-mail address of contact person for
the firm;
(10)
A statement acknowledging that the applicant has
provided correct and true statements in the application; and
(11) Applicant’s signature and date.
(d) Applicants shall pay the application fee
specified in Arch 305.02.
Source. #9097, eff 2-29-08;
ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19
PART Arch 308 FACILITATED
LICENSING FOR MILITARY SPOUSES
Arch 308.01 Licensing for Active Duty
Military Spouses.
(a)
Each applicant for licensure who is a military spouse pursuant to RSA
332-G:7, III shall apply to the board for licensure on an application for
licensure form as specified in Arch 301.02 and pay the fee set forth in Arch 305.02.
(b)
Each applicant for facilitated licensing as a military spouse shall
provide a copy of the military member’s orders showing proof of active duty status.
(c)
Each applicant who applies for facilitated licensing as a military
spouse shall be eligible to obtain a facilitated license if the military spouse
is licensed or registered in another state or jurisdiction, provided that the
other state’s or jurisdiction’s licensure or
registration requirements are consistent with Arch 302.01, NCARB Certification
Guidelines July 2018 edition as specified in Appendix B and NCARB Education
Guidelines December 2018 edition as specified in Appendix B.
(d) Verification of licensure and examination
shall be obtained by the candidate for licensure and submitted to the board
directly from the verifying state or jurisdiction for approval.
(e) A military spouse who obtains a facilitated
license shall comply with all license renewal requirements pursuant to Arch
403.01.
Source. #10904, eff 8-5-15;
ss by #12847, eff 8-14-19
CHAPTER Arch 400 CONTINUED STATUS
PART Arch 401 RENEWAL OF LICENSE
Arch 401.01 Expirations
and Renewals. Pursuant to RSA 310-A:46,
licenses shall be renewed by written application prior to the expiration date
and by payment of the prescribed renewal fee.
The board shall notify each architect at least 2 months prior to
expiration of his/her license.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New.
#6153, eff 12-27-95; ss by #6409, eff 12-25-96;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch
401.02 Renewal
of License. Any licensee wishing to
renew a license shall submit:
(a) The renewal application supplied by the board;
(b) The fee specified in Arch 305.02 (f);
and
(c) If the renewal is not received by the
date of expiration, a late fee of 20 percent per month.
Source. #6409, eff 12-25-96;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch 401.03 Renewal Application. The applicant shall supply the following on a
form entitled “NH Architect License Renewal Form,” dated May 2019:
(a)
The applicant’s full name;
(b)
The applicant’s business name and address and telephone number;
(c)
The applicant’s home address and telephone number;
(d)
The applicant’s e-mail address;
(e)
The applicant’s license number and expiration date;
(f)
The renewal amount due;
(g)
A statement describing any disciplinary, sanctions or legal action
brought against the applicant for his or her services as an architect not
previously reported;
(h)
A statement indicating that the applicant has adhered to the ethical and
professional standards of Arch 500;
(i) Acknowledgment that the provision of
materially false information in the application recklessly provided is a basis
for denial and for disciplinary action by the board;
(j)
A statement indicating that the applicant has complied with the
continuing education requirements of Arch 403; and
(k)
The applicant’s signature and date.
Source. #6409, eff 12-25-96;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; amd
by #9646, eff 4-1-10; ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19
Arch
401.04 Denial
of Renewal.
(a) Renewal shall be denied if, after notice
and an opportunity for hearing, there is a finding of:
(1)
Any unethical
act for which discipline shall be imposed under Arch 500;
(2)
Reasons for which an initial application would have been denied;
(3)
Failure to furnish complete or materially accurate information on
a renewal license application;
(4)
Failure to file a renewal application within 12 months of license expiration;
or
(5)
Noncompliance with the continuing education
requirements of Arch 403.
(b) The board shall notify the applicant of any
deficiencies in the renewal application within 60 days of receipt. Failure to remedy the deficiencies within 60
days thereafter shall result in denial of the renewal application. An application shall be considered complete
when all deficiencies are corrected.
Source. #7944, eff 8-27-03;
ss by #9097, eff 2-29-08; amd by #9646, eff 4-1-10;
ss by #10904, eff 8-5-15
Arch
401.05 Reinstatement. An architect whose license to practice
architecture in this state has been allowed to lapse for a period of 12 months
or more shall:
(a)
File with the board a form entitled “Architect Reinstatement,” dated May
2019, that includes at least the following:
(1) The applicant’s full name, including any
names previously used, and date of birth;
(2) The applicant’s business name, residence and
business addresses, telephone numbers and e-mail address;
(3) A statement indicating any disciplinary or
legal action brought against the applicant for his or her services as an architect
not previously reported;
(4) A statement indicating that the applicant has
adhered to the ethical and professional standards of Arch 500;
(5) A representation that the applicant acknowledges
that the provision of false information in the application is a basis for
disciplinary action by the board;
(6) Whether the applicant has ever been convicted
of any felony or any misdemeanor, or a violation involving architecture or the
practice of architecture and if so, the name of the court, the details of the
offense, the date of conviction, and the sentence imposed;
(7) The names, complete addresses, occupation, and business relationship with
applicant of 3 references from licensed architects as defined by RSA
310-A:28, I;
(8) Documentation in the form of a “Continuing
Education Unit Activity Log” that shows the applicant has complied with the
continuing education requirements of Arch 403.
The applicant shall supply the following information:
a. The nature of the activity for which the
applicant is claiming credit, and the sponsoring organization;
b. The date or date range upon which the
activity took place; and
c. The number of continuing education units
claimed for this activity; and
(9) The applicant’s signature and date; and
(b) Applicants shall submit the application and
reinstatement fees as specified in Arch 305.02.
Source. #9097, eff 2-29-08; amd by #9876, eff 3-1-11; ss by #10904, eff 8-5-15; ss by
#12847, eff 8-14-18
Arch 401.06 Active
Duty Military Inactive Status.
(a) The board shall place an architect on
inactive status pursuant to RSA 332-G:7, II upon receipt of:
(1) A written
request; and
(2) Proof of active duty service in the Armed Forces of the
(b) The board shall return an architect to active
status upon receipt of:
(1) Payment of
the renewal fee;
(2) Proof of
completion of the continuing education requirements pursuant to Arch 403; and
(3) Proof that
the licensee has not been discharged from service in the Armed Forces of the
Source. #9097, eff 2-29-08;
ss by #10904, eff 8-5-15
Arch 401.07 Certificate
of Authorization Renewal. Certification of authorization for the practice
of architecture shall expire on December 31 each year. A renewal notification shall be sent to all
certified business organizations at least one month prior to expiration.
Source.
#10904, eff
8-5-15
Arch 401.08 Denial
of Reinstatement. Reinstatement
shall be denied if, after notice and an opportunity for hearing, the board
finds:
(a) Any unethical act for which discipline shall be imposed
under Arch 500;
(b) Reasons for which an initial application could be denied; or
(c)
Failure to furnish complete or accurate information on an initial, renewal or
reinstatement application.
Source. #10904, eff 8-5-15
PART Arch 402 DISCIPLINARY MATTERS
Arch
402.01 Initiation
of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary
hearings, in response to any information which reasonably suggests that a
licensee has engaged in professional misconduct.
Source. #9097, eff 2-29-08;
ss by #10904, eff 8-5-15
Arch
402.02 Disciplinary Sanctions.
(a) Other than immediate license suspensions
authorized by RSA 541-A:30,
(1)
After prior notice and an opportunity to
be heard; or
(2)
Pursuant to a mutually agreed upon
settlement or consent decree.
(b) When the board receives notice that a licensee
has been subjected to disciplinary action related to professional conduct
by the licensing authority of another jurisdiction, where the license was not reinstated,
the board shall issue an order directing the licensee to demonstrate why
reciprocal discipline should not be imposed in
(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction
the licensee shall be subject to any disciplinary sanction authorized by RSA
310-A:47.
(d) After a finding that misconduct has occurred, the
board shall impose one or more of the disciplinary sanctions authorized by RSA
310-A:47 after considering the presence of aggravating or mitigating circumstances.
(e) The following
shall be considered aggravating circumstances:
(1)
The seriousness of the offense;
(2)
Prior disciplinary record;
(3) State of mind at the time of the offense;
(4)
Lack of willingness to cooperate with the board; and
(5) Potential harm to public health and safety.
(f) The following shall be considered mitigating
circumstances:
(1)
Absence of a prior disciplinary record;
(2)
State of mind at the time of the offense;
(3)
Willingness to cooperate with the board;
(4) Acknowledgment of his or her wrongdoing; and
(5) The purpose of the rule or statute violated.
(g)
No hearing date established in a proceeding
conducted under Arch 402.02 shall be postponed at the request of the licensee
unless the licensee also agrees to continue the suspension period if any
pending issuance of the board’s final decision.
(h) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the licensing body of each state in which the licensee is licensed and
to such other entities, organizations, associations, or boards as are required
to be notified under applicable state or federal law.
Source. #9097, eff 2-29-08;
ss by #10904, eff 8-5-15
Arch 402.03 Civil Penalties.
(a) Adjudicative procedures seeking the assessment
of an administrative fine shall be commenced against any person subject to such
fines or penalties under any provision of RSA 310-A when the board possesses
evidence indicating that a violation has occurred.
(b)
When persons subject to the board’s disciplinary
authority are directed to pay fines in accordance with Arch 402.02 (d), such
fines shall be assessed in accordance with the factors stated in Arch 402.02
(e) and (f) and the following additional considerations:
(1) The cost of
any investigation or hearing conducted by the board; and
(2) The
licensee’s ability to pay a fine assessed by the board.
(c) Administrative fines shall not exceed the following
amounts:
(1)
When no violation of the same type has occurred within the 5 years preceding
the board’s notice to the respondent, the fine assessed shall not exceed
$200.00 per day or $1,000.00 per offense whichever is greater;
(2)
When a single disciplinary infraction of the same type has occurred
within the 5 years preceding the board’s notice to the respondent, the fine
assessed shall not exceed $200.00 per day or $1,500.00 per offense whichever is
greater;
(3)
When more than one disciplinary infraction of the same type has occurred
within the 5 years preceding the board’s notice to the respondent, the fine
assessed shall not exceed $200.00 per day or $2,000.00 per offense whichever is greater; and
(4)
In the case of continuing violations, a separate fine shall be assessed
for each day the violation continues, but the total amount of the fine and the
respondent’s promptness and cooperativeness in ceasing the prohibited conduct
in question shall be considered in assessing the daily fines. A single course
of continuing conduct shall be treated as a single violation for purposes of Arch
402.03 (c), (1), (2) and (3).
Source. #10904, eff 8-5-15
Arch 402.04 Procedures
for Assessing and Collecting Fines.
(a) Payment of a fine shall be included among the
options available for settling disciplinary allegations, and
shall be included among the types of disciplinary sanctions imposed after
notice and hearing.
(b) In cases where the board initially intends to
limit disciplinary sanctions to an administrative fine, the board shall issue a
“notice of apparent liability” describing the alleged offense, stating the
amount of the assessed fine, and notifying the alleged offender that he or she
shall pay or compromise the fine by a date certain or request that an
administrative hearing be held. If a
hearing is requested, the notice of apparent liability shall be withdrawn and a
notice of hearing shall be issued. In such hearings, the board’s disciplinary
options shall not be limited to the assessment of an administrative fine.
(c) Nonpayment of a fine by a licensee or
respondent in contravention of an order, agreement or promise to pay, shall be
a separate ground for discipline by the board or a basis for denying a
subsequent license or renewal application or a basis for judicial action
seeking to collect the fine.
Source. #10904, eff 8-5-15
PART Arch 403 CONTINUING EDUCATION
Arch 403.01 Renewal Requirements.
(a)
Continuing education units shall be earned pursuant to RSA 310-A:46-a.
(b)
A renewal application shall not be accepted for filing unless the
licensee indicates on the renewal application, and under penalty of unsworn
falsification, that he or she has completed the minimum required units of
approved education required by Arch 403.01 (c).
(c)
Each licensee shall obtain at least 12 units of continuing education
each year in the areas of health, safety,
and welfare as a condition of biennial license renewal.
(d)
If a licensee exceeds the requirement, a maximum of 12 continuing
education units may be carried forward into the subsequent renewal period.
Source. #9646, eff 4-1-10;
ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19
Arch 403.02 Continuing Education Unit
Requirements. Continuing education
units shall meet the following criteria:
(a)
Continuing education activities shall be relevant to the practice of architecture or no credit shall be awarded. Such continuing
education activities may include technical, ethical, or managerial content;
(b) There is a provision for individual
participant course or program
registration including information required for record keeping and reporting;
and
(c) Self-directed learning activities
shall include a written instrument which tests the licensee’s comprehension of
the content of that course or program.
Source. #9646, eff 4-1-10;
ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19
Arch
403.03 Continuing
Education Units. Continuing
education units shall be credited as follows:
(a)
Four continuing education units shall apply to activity on a state or national
board of licensure;
(b)
Courses or programs awarded one college semester hour of credit shall
equal 15 continuing education units based on course credit established by the
college or university;
(c)
Courses or programs awarded one college quarter hour shall equal 10
continuing education units;
(d)
Courses or programs awarded one continuing education unit shall equal 10
continuing education hours;
(e)
Credit shall be awarded for one unit of continuing education in course
work, seminars, or professional technical presentations made at meetings, conventions,
or conferences for each hour of attendance. Attendance at qualifying programs presented
at professional or technical society meetings shall earn continuing education
credit for the actual time of each program;
(f)
Active participation in professional or technical societies shall equal
2 continuing education units and shall require that a licensee serve
as an officer or actively participate in a committee of the
organization. Continuing education units shall not be earned until
each year of service is completed and shall be limited to 2 continuing
education units per organization; and
(g)
Continuing education units shall not be recognized for any repeat
program attended or completed.
Source. #9646, eff 4-1-10;
ss by #10904, eff 8-5-15; ss by #12847, eff 8-14-19
Arch 403.04 Record Keeping.
(a)
The licensee shall maintain records to be used to support continuing
education units claimed.
(b)
Records required shall contain attendance verification
records in the form of completion certificates or other documents supporting
evidence of attendance such as:
(1)
Signed attendance receipts;
(2)
Paid receipts;
(3)
A copy of a listing of attendees signed by a person sponsoring the
course or program or the course/program provider, or
(4) Completed continuing education transcript from
American Institute of Architects (
(c) The licensee shall retain attendance
verification records for a period of at least 4 years. Such documentation shall be made available to
the board for random audit and/or verification purposes. Documentation shall
support continuing education units claimed. Failure to provide documentation
for audit verification shall result in disciplinary action.
(d) Not less than 5% of the licensees shall be
randomly selected each year by the board for compliance with Arch. 403.01.
Source. #9646, eff 4-1-10;
ss by #10904, eff 8-5-15
Arch
403.05 Exemption. A licensee shall be exempt from the continuing
education requirements for serving on temporary active duty in the armed forces
of the
Source. #9646, eff 4-1-10;
ss by #10904, eff 8-5-15
Arch
403.06 Waiver
of Professional Development Units Deadline.
A licensee may request waiver of continuing education units
deadlines, as follows:
(a) A petition requesting a waiver shall be filed
at least 30 days before the expiration of the biennial continuing education
period in question;
(b) Late filing shall be justified by a showing
of good cause that includes serious accident, illness or other circumstances
beyond the control of the licensee which actually prevents the licensee from
satisfying the continuing education requirements;
(c) Relevant supporting documentation from the
licensee’s physician or medical professional shall be furnished to the board
when necessary for a fair and informed determination by the board; and
(d)
A waiver petition shall include a specific timetable for completing
specific courses, which will meet the petitioner’s continuing education unit
deficiency.
Source. #9646, eff 4-1-10;
ss by #10904, eff 8-5-15
Arch 403.07 Noncompliance. Failure to submit documentation required per
Arch 403.04 which establishes that said requirements were so completed, shall
after notice and opportunity for hearing, result in disciplinary action
including license suspension or revocation unless a waiver petition has been
timely filed and duly granted by the board.
Source. #9646, eff 4-1-10;
ss by #10904, eff 8-5-15
Arch
403.08 Requirements
for Reciprocity. Licensees who are
residents of jurisdictions other than New
Hampshire that have equivalent or higher
standards than New Hampshire shall meet the continuing professional
development or equivalent requirements of their resident jurisdiction. The
requirements for the state of New Hampshire shall be
satisfied when a non-resident licensee provides evidence of having met the
requirements of their resident jurisdiction. If licensees reside in a
jurisdiction that has lesser continuing professional development requirement,
the licensee shall provide evidence of having met the greater requirements of
the state of New Hampshire.
Source.
#12847, eff
8-14-19
CHAPTER
Arch 500 ETHICAL
STANDARDS AND LICENSE SURRENDER
PART
Arch 501 ETHICAL
STANDARDS
Arch 501.01 Purpose and Scope.
(a)
In order to safeguard the life, health, property
and welfare of the public and to establish and maintain a high standard of
integrity in the professional practice of architecture the following rules of
professional conduct have been adopted in accordance with RSA 310-A.
(b)
These rules shall be binding upon every person holding a license or as a
candidate for licensure as an architect in this state.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New. #6153, eff 12-27-95;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch 501.02 Obligation To Obey.
(a)
Violation of these ethical standards shall result in disciplinary
sanctions. Conduct proscribed by these
ethical standards, when performed by a candidate for licensure as an architect
in this state, or during a prior period of licensure, shall result in denying a
license application.
(b)
All persons licensed under RSA 310-A shall be considered to have
knowledge of the existence of these rules of professional conduct,
and shall be deemed to be familiar with their several provisions. Such
knowledge shall encompass the understanding that the practice of the profession
of architecture is a privilege, as opposed to a right, and the licensed
architect shall be forthright and candid in the licensee's statements or
written response to the board or its representatives on matters pertaining to
professional conduct.
(c)
Licensees shall submit only truthful and correct information in any
application or other document filed with or statement made to the board.
(d) Licensees shall inform the board of a principle business/home address to which all official board
communications should be directed, and also of all addresses where he/she is
practicing.
(e)
The establishment of a business/home address or the change or
abandonment of a business or home address shall be reported by the licensee to
the board within 30 days.
Source. #3029, eff 5-28-85; ss
by #4599, eff 4-13-89, EXPIRED: 4-13-95
New. #6153, eff 12-27-95;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch 501.03 Ethical Requirements For Architects. The licensed architect shall:
(a)
Hold paramount the
safety, health and welfare of the public;
(b)
Perform his/her
services only in areas of his/her competence;
(c)
Issue statements only in
an objective and truthful manner;
(d)
Act for each employer or client as faithful agents or trustees;
(e) Not engage in deceptive acts;
(f)
Conduct himself/herself honorably, responsibly, ethically, and lawfully
so as to enhance the honor, reputation, and usefulness of the profession;
(g)
Not affix his/her signature or seal to any plan or document dealing with
subject matter for which he/she lacks competence by virtue of education or experience;
(h)
Not affix his/her signature or seal to any plan or document not prepared
under his/her direct supervisory control, however he/she may affix his/her seal
and signature to drawings and
documents depicting the work of 2 or more professionals provided he/she
designates by a note under his/her seal the specific subject matter for which
he/she is responsible;
(i) Exercise direct supervisory control,
responsible charge which requires a licensee or employee to carry out all
client contracts, provide internal and external financial control, oversee
employee training and exercise control and supervision over all jobs
requirements to include research, planning, design, field supervision
and work product review; and
(j)
When performing
professional services, take into account all applicable state and municipal regulations;
(k)
Compete for employment
on the basis of professional qualification and competence to perform the work;
(l)
Be objective and truthful in all professional reports, statements or
testimony, and include all relevant and pertinent information in such reports,
statements or testimony;
(m)
When serving as an expert or technical witness before any court,
commission, or other tribunal, express an expert opinion only when it is founded
upon adequate knowledge of the facts in issue, upon a background of technical
competence in the subject matter, and upon honest conviction of the accuracy of
his/her testimony;
(n)
Issue no statements,
criticisms, or arguments on architectural issues connected with public policy
which are influenced or paid for by an interested party, or
parties, unless he/she has prefaced his/her comment by explicitly identifying
him/herself by disclosing the identities of the party or parties on whose
behalf he/she is speaking, and by revealing the existence of any pecuniary
interest he/she has in the instant matters;
(o)
Not attempt to injure, maliciously or falsely, directly or indirectly,
the professional reputation, prospects, practice or employment of another architect;
(p)
If he/she believes that
another licensed architect has committed misconduct or illegal practice,
present such information to the board;
(q)
Avoid conflicts of interest;
(r)
Promptly inform his or her employer or client of any business
associations, interests, or circumstances, which could influence his/her
judgment, or the quality of his/her services;
(s)
Not accept anything of value from more than one party for
services pertaining to the same project, unless the circumstances are fully
disclosed to, and agreed to, by all interested parties;
(t)
Not solicit or accept
financial or other valuable considerations from material or equipment suppliers
for specifying their products;
(u)
Not solicit or accept
financial or other valuable considerations, directly or indirectly, from
contractors, their agents, or other parties dealing with his/her client or
employer in connection with work for which he/she is responsible;
(v)
When in public
service as a member, advisor, or employee of a governmental body, not participate
in considerations or actions with respect to services provided by him/her or
his/her organization in the private practice of the profession of architecture;
(w)
Not solicit or
accept an architectural contract from a governmental body on which a principal
or officer of his/her organization serves as a member;
(x)
Not attempt to supplant another architect in a particular employment
after becoming aware that the other has been selected for employment;
(y)
When serving in a
public capacity, not accept payment or gifts which appear to or might influence
his or her judgment;
(z)
Not offer to pay, either directly or indirectly any commission,
political contribution, gift or other consideration in order to secure work,
exclusive of securing salaried
positions thorough employment agencies;
(aa) Not solicit or submit proposals for
professional services containing false, fraudulent, misleading, deceptive or
unfair statement or claim regarding the cost, quality or extent of services to
be rendered;
(ab) Not falsify or permit misrepresentation
of his/her, or his/her associates’ academic or professional qualifications, or
misrepresent his/her degree of responsibility in or for the subject matter of
prior assignments;
(ac) Not
distribute brochures or other presentations incident to the solicitation of
employment which misrepresents pertinent facts concerning employers, employees,
associates, joint ventures, or his/her or their past accomplishments with the
intent and purpose of enhancing his/her qualifications and his/her work;
(ad) Perform his/her services in an ethical
and lawful manner;
(ae) Not knowingly associate with or permit
the use of his/her name in a business venture by any person or firm which he/she
knows, or has reason to believe, is engaging in business or professional
practices of a fraudulent or dishonest nature;
(af) If, in the
course of work on a project, the licensed architect becomes aware of a decision
taken by their employer or client which violates any law or regulation
and which will, in his or her judgment, materially affect adversely the safety
to the public of the finished project he or she shall:
(1) Advise their employer or
client against the decision;
(2) Refuse to consent to the decision; and
(3) Report the decision to the local building inspector
or code enforcement official charged with the enforcement of the applicable law
and regulations, unless the matter is satisfactorily
resolved by other means.
(ag) If he/she has knowledge or reason to
believe that another licensed architect might be in violation of any of these
provisions or provisions of RSA 310-A, present
such information to the board in writing and cooperate with the board in
furnishing such further information or assistance as may be required by the
board; and
(ah) Cooperate with investigations
and requests for information from the board and the board’s representatives.
Source. #3029, eff 5-28-85;
ss by #4599, eff 4-13-89, EXPIRED: 4-13-95
New. #6153, eff 12-27-95;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
PART
Arch 502 VOLUNTARY
LICENSE SURRENDER
Arch 502.01 Procedure for Surrendering a
License. Any person holding a
license may voluntarily surrender that
license by returning it to the board accompanied by a signed letter stating
that he/she intends to surrender his/her license.
Source. #4599, eff 4-13-89,
EXPIRED: 4-13-95
New. #6153, eff 12-27-95;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch 502.02 Effect
of Voluntary License Surrender.
(a)
A licensee who surrenders a license shall retain no right or privilege
of a
(b)
Non-renewal of a license shall not preclude the board from investigating
or completing a disciplinary proceeding based upon the licensee’s professional
conduct while the license was still in effect. Surrender of a license shall not
preclude the board from investigating disciplinary proceedings not expressly
referenced in the voluntary surrender order or settlement agreement. Such investigations
and proceedings shall be handled in the same manner as other disciplinary
investigations and proceedings.
Source. #4599, eff 4-13-89,
EXPIRED: 4-13-95
New. #6153, eff 12-27-95;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Arch 502.03 Voluntary
Surrender When Misconduct Allegations are Pending.
(a)
A licensee who wishes to surrender his or her license as part of a
settlement of pending misconduct allegations shall make a written settlement
offer to the board before the close of the record in a disciplinary hearing.
(b)
Any settlement
agreement reached under (a), above, shall include the following concessions:
(1) That the license surrender has occurred in
settlement of pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be fully resolved prior to any future application filed by the licensee
in
(c)
The board shall decline to accept a settlement agreement under (a), above,
if the board believes the licensee has unreasonably declined to disclose
material information concerning the alleged misconduct or has refused to
stipulate to the truth of the material facts concerning the alleged misconduct
which would be necessary to protect the public interest in the event the
licensee subsequently reapplies for a license.
(d)
A licensee’s stipulation of facts shall be exempt from public disclosure
to the extent permitted by RSA 91-A and if the public portion of the settlement
agreement or surrender document expressly states that a separate, confidential
stipulation of facts is on file with the board.
(e)
The fact of license surrender and the terms of
any settlement agreement pertaining thereto shall be distributed to all relevant
licensing authorities and professional societies in the same manner as a final
decision containing specific finding of professional misconduct.
Source. #4599, eff 4-13-89,
EXPIRED: 4-13-95
New. #6153, eff 12-27-95;
ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08; ss by #10904, eff 8-5-15
Appendix A
State and
Federal Statutes/Regulations Implemented
|
Rule |
Statute(s)
Implemented |
|
|
|
|
Arch
101 |
RSA
310-A:29 |
|
Arch
102 |
RSA
541-A:54 |
|
Arch
102.01 intro & (e) |
RSA
310-A:32, I, (1) |
|
Arch
103-106 |
RSA
310-A:29; 541-A:16, I(a) |
|
Arch 103.07 |
RSA 310-A:29; RSA
541-A:16, I(a) |
|
Arch 105.01 |
RSA 310-A:29; RSA
541-A:16, I(a) |
|
|
|
|
Arch 201-211 |
RSA 310-A:47; RSA
310-A:48; RSA 541-A:16, I(b); RSA 310-A:32,
I(h) |
|
Arch 212.08 |
RSA
310-A:47; RSA 310-A:48; RSA 541-A:16, I(b)(2); RSA 310-A:32,
I(h) |
|
Arch 213-214 |
RSA 310-A:47; RSA
310-A:48; RSA 541-A:16, I(b); RSA 310-A:32,
I(h) |
|
Arch 215 |
RSA 541-A:16,
I(c) |
|
Arch 216 |
RSA 541-A:16,
I(d) |
|
Arch 217 |
RSA 541-A:16, I(b);
RSA 541-A:11, VII |
|
|
|
|
Arch 301.01 - 301.02 |
RSA 310-A:32,
I(a); RSA 310-A:38, I-III; RSA 310-A:39; RSA 310-A:42 |
|
Arch 301.03 - 301.04 |
RSA 310-A:32,
I(a)(b) |
|
Arch
302.01 - 302.02 |
RSA
310-A:32, I(b); RSA 310-A:38; RSA 310-A:39; RSA
310-A:40 |
|
Arch
303 |
RSA
310-A:43 |
|
Arch
303.01 |
RSA
310-A:32, I(c); RSA 310-A:43 |
|
Arch
304 |
RSA
310-A:45 |
|
Arch
304.01 |
RSA
310-A:32, I(b); RSA 310-A:45 |
|
Arch
305 |
RSA
310-A:33 |
|
Arch
305.01 - 305.03 |
RSA
310-A:32, I(e); RSA 310-A:33 |
|
Arch 305.02 intro. & (j) |
RSA 310-A:32, I (l), |
|
Arch 306 |
RSA 310-A:44 |
|
Arch
306.01 - 306.03 |
RSA
310-A:32, I(i); RSA 310-A:44 |
|
Arch 306.03 (d) |
|
|
Arch
307.01 |
RSA
310-A:32, I(k); RSA 310-A:42-a |
|
RSA 332-G:7 |
|
|
|
|
|
Arch
400 |
RSA
310-A:46 |
|
Arch
401.01 - 401.06 |
RSA
310-A:32 , I(d); RSA 310-A:46 |
|
Arch
401.03 (f)-(h) |
|
|
Arch
401.04 (a) (5) |
RSA
310-A:32, I (d), |
|
Arch
401.05 |
RSA
310-A:32 , I(d); RSA 310-A:46 |
|
Arch 401.05 intro. & (a) (8) |
RSA 310-A:32, I (d), RSA 310-A:46-a |
|
Arch
402.01 - 401.02 |
RSA
310-A:32, I(f); RSA 310-A:47; RSA 310-A:48 |
|
Arch
403.01 - 403.03 |
|
|
Arch
403.04 – 404.07 |
|
|
Arch
403.08 |
RSA
310-A:32, I (d), RSA
310-A:46, RSA 310-A:46-a RSA
310-A:45 |
|
|
|
|
Arch
500 |
RSA
310-A:47; RSA 310-A:32, I(f) |
|
Arch
501.02 |
RSA
310-A:32, I(f); |
|
Arch
502 |
RSA
310-A:32, I(f) |
APPENDIX B
INCORPORATION BY REFERENCE INFORMATION
|
Rule |
Title |
Obtain at |
|
Arch
302.02 Arch
304.01(a) Arch
308.01(c) |
NCARB
Education Guidelines December 2018 Edition |
National
Council of Architectural Registration Boards Phone:
202/879-0520 Fax:
202/783-0290 https://www.ncarb.org/sites/default/files/EducationGuidelines.pdf |
|
Arch
302.01 (b) (1), (2), and (3) Arch
302.02 Arch
304.01(a) Arch
308.01(c) |
NCARB
Certification Guidelines January 2017 July
2018 |
National
Council of Architectural Registration Boards Phone:
202/879-0520 Fax:
202/783-0290 https://www.ncarb.org/sites/default/files/Certification_Guidelines.pdf |