(A) The practice of or offer to practice landscape architecture through a firm is permitted only through entities holding a valid certificate of authorization issued by the board. For the purposes of this section, a certificate of authorization is also required for a firm practicing in this State under a fictitious name. However, when an individual is practicing landscape architecture in his name as individually licensed, that person is not required to obtain a certificate of authorization.
(B) The practice or offer to practice of landscape architecture by an individual licensed under this chapter through a firm offering landscape architecture services to the public is permitted if:
(1) one or more of the corporate officers, in the case of a corporation, or one or more of the principal owners, or a full-time employee, in the case of other firms, are designated as being responsible for the professional services regulated by the board and are licensed under this chapter;
(2) all personnel of the firm who act on behalf of the firm as landscape architects in this State are licensed under this chapter; and
(3) the firm has been issued a certificate of authorization by the board as required by this section.
(C) Before the issuance of a certificate of authorization, the board must be in receipt of the firm's appropriate documentation issued by the Secretary of State.
(D) A firm desiring a certificate of authorization shall file with the board an application on forms provided by the board accompanied by the registration fee as provided in Section 40-28-80. A certificate of authorization must be renewed biennially. A renewal form provided by the board must be completed and submitted with the biennial registration fee, the fee being an amount as provided in Section 40-28-80.
(E) A disciplinary action against a firm must be administered in the same manner and on the same grounds as disciplinary action against an individual. A firm may not be relieved of responsibility for the conduct or acts of its agents, officers, or employees by reason of its compliance with this section, and an individual practicing landscape architecture is not relieved of responsibility for professional services performed by reason of his employment or relationship with the firm.
(F) Nothing in this section may be construed to prohibit firms from joining together to offer landscape architectural services to the public, if each separate entity providing the services in this State otherwise meets the requirements of this section. For firms practicing as a professional corporation under the laws of this State, the joint practice of landscape architecture with the professions of architecture, engineering, surveying, and geology is specifically approved by the board.
(G) If the requirements of this section are met, the board shall issue a certificate of authorization to the firm, and the firm may contract for and collect fees for professional landscape architectural services. The board, however, may refuse to issue a certificate or suspend or revoke an existing certificate for due cause. A person or firm aggrieved by an adverse determination of the board may file an appeal as provided for in this chapter.
(H) Nothing in this section may be construed to mean that a firm may practice or offer to practice landscape architecture without meeting individual licensure.
HISTORY: 2010 Act No. 249, Section 1, eff June 11, 2010.
Editor's Note
Prior Law: 1976 Act No. 698 Section 16; 1990 Act No. 372, Section 10; 1990 Act No. 435, Section 2; 1993 Act No. 181, Section 899; 1976 Code Section 40-28-160.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 28 - Landscape Architects
Section 40-28-5. Application of other provisions to this chapter.
Section 40-28-20. Definitions.
Section 40-28-30. Licensure; qualifications.
Section 40-28-40. Application form for licensure.
Section 40-28-50. Seal of landscape architect.
Section 40-28-90. Promulgation of regulations by board authorized.
Section 40-28-100. Power of board or department to seek injunctive relief.
Section 40-28-110. Investigative procedures.
Section 40-28-120. Cease and desist orders and equitable relief.
Section 40-28-130. Grounds for disciplinary action.
Section 40-28-140. Board may impose sanctions for violations.
Section 40-28-150. Denial of licensure.
Section 40-28-160. Voluntary surrender of license when under investigation for violation.
Section 40-28-170. Person found in violation to pay costs of investigation and prosecution.
Section 40-28-180. Payment of cost and fine for violation.
Section 40-28-190. Confidentiality of investigations and proceedings.
Section 40-28-200. Department may institute civil action for injunctive relief, fine.
Section 40-28-210. Persons exempt from licensure requirements of chapter.
Section 40-28-220. Transfer of functions, powers, duties, responsibilities, and authority to board.