General Assembly Raised Bill No. 6338
January Session, 2011 LCO No. 3027
*03027_______GL_*
Referred to Committee on General Law
Introduced by:
(GL )
General Assembly
Raised Bill No. 6338
January Session, 2011
LCO No. 3027
*03027_______GL_*
Referred to Committee on General Law
Introduced by:
(GL )
AN ACT CONCERNING LANDSCAPE ARCHITECTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 20-373 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
After notice and opportunity for hearing as provided in the regulations adopted by the Commissioner of Consumer Protection, the board may: [suspend for a definite period, not to exceed one year, or may] (1) Suspend or revoke any license [or may officially censure any person holding a license] or registration issued pursuant to this chapter, (2) issue a letter of reprimand to any such license or registration holder, (3) place any such license or registration holder on probationary status with certain conditions, (4) issue a civil penalty in an amount not greater than one thousand dollars to any such license or registration holder, or (5) impose any combination of subdivisions (1) to (4), inclusive, of this section if it is shown that the license or registration was obtained through fraud or misrepresentation; or if the holder of the license or registration has been found guilty by the board or by a court of competent jurisdiction of any fraud or deceit in [his] such license or registration holder's professional practice; or if the holder of the license or registration has been found guilty by the board of [gross] negligence or [gross] incompetency; or if the board has found that the licensee or registrant has violated any provision of this chapter, or the regulations adopted pursuant to this chapter. [The Secretary of the State shall be immediately notified of such suspension or revocation.] Appeals from the decisions of the board may be taken as provided in section 4-183. [, except such appeals shall be made returnable to the judicial district of New Britain.] The board may authorize the Department of Consumer Protection to reissue any license or registration which has been revoked, and [it] the board may modify [the suspension of any license which has been suspended] or discontinue any action taken by it pursuant to this section.
Sec. 2. (NEW) (Effective July 1, 2011) (a) The practice of or the offer to practice landscape architecture in this state by individual licensed landscape architects under the corporate form, or by a corporation or limited liability company that employs licensed landscape architects, is permitted, provided: (1) Personnel of such corporation or limited liability company who act on its behalf as landscape architects are licensed or are exempt from licensure under the provisions of chapter 396 of the general statutes, and (2) such corporation or limited liability company has been issued a certificate of registration by the State Board of Landscape Architects as provided in subsection (b) of this section.
(b) A qualifying corporation or limited liability company desiring a certificate of registration shall file with the board an application upon a form prescribed by the Department of Consumer Protection, accompanied by an application fee of eighty dollars. Each such certificate shall expire annually and shall be renewable upon payment of a fee of two hundred dollars. If all requirements of this chapter are met, the board shall authorize the department to issue to such corporation or limited liability company a certificate of registration within thirty days after such application, provided the board may refuse to authorize the issuance of a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate of registration.
(c) Each such corporation or limited liability company shall file with the board a designation of an individual or individuals licensed to engage in the practice of landscape architecture in this state who shall be in charge of landscape architecture by such corporation or limited liability company in this state. Such corporation or limited liability company shall notify the board of any change in such designation within thirty days after such change becomes effective.
(d) All final plans, drawings, specifications, reports or other documents involving the practice of landscape architecture which are prepared or approved by any such corporation or limited liability company or landscape architect for use of or for delivery to any person or for public record within this state shall be dated and bear the signature and seal of the landscape architect who prepared them or under whose supervision they were prepared.
(e) No corporation or limited liability company shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual practicing landscape architect be relieved of responsibility for landscape architecture services performed by reason of such individual's employment or relationship with such corporation or limited liability company.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2011 20-373
Sec. 2 July 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2011
20-373
Sec. 2
July 1, 2011
New section
Statement of Purpose:
To allow for the registration of corporations and limited liability companies that practice landscape architecture and to allow the State Board of Landscape Architects to impose certain penalties against licensed landscape architects and registered landscaped architect corporations and limited liability companies.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]