The Professional Landscape Architects Act (PLA Act) governs the practice of landscape architecture in the state of Nebraska in order to safegard life, health, property and promote the public welfare through licensing and enforcement of state statutes. The PLA Act also ensures those who practice the profession are qualified through education, examination, and experience. The PLA Act was enacted by the Legislature in 1987, through Statute Sections §§ 81-8,184, to 81-8,208, which replaced the statutory provisions first enacted in 1967 - the year the Nebraska State Board of Landscape Architects was established. The most recent changes to the Act were implemented through Legislative Bill 1140 of the One Hundred Second Legislature, Second Session, and became effective July 19, 2012.
Title 231 of the Nebraska Administrative Code compromises the Board's Rules and Regulations. The latest revisions became effective in December 1, 2012. A copy may be viewed and downloaded on the Nebraska Secretary of State's website.
The Nebraska Professional Landscape Architects Handbook incorporates all current statutes and rules & regulations as of December 1, 2012.
NOTICE OF RULEMAKING HEARING
NOTICE is hereby given that the State Board of Landscape Architects will hold a rulemaking hearing on the 27th day of October 2020, commencing at 8:30 am, 215 Centennial Mall South, at the Lincoln Community Foundation Building, Large Conference Room, 5th Floor.
The PURPOSE of the hearing is to take testimony and evidence about adoption and amendments and additions to Title 231, Chapters 1 through 7. This action is proposed to implement Neb. Rev. Stat. §§ 81-8,183.01 to 81-8,206, consistent with the authority granted by the law and with constitutionality. The subject matter of the rulemaking action is as follows:
The State Board of Landscape Architects is reorganizing, amending for clarification, and adopting new rules currently reflected in board policy. The main topics to be considered through these proposals include, but are not limited to, the following:
- New rule specifying that an applicant’s prior criminal or disciplinary history is not an automatic bar to licensure;
- New rule clarifying what constitutes acceptable direct supervision of landscape architectural work;
- New rule allowing for the acceptance of electronic education transcripts;
- New rule clarifying work performed under a conditional approval is deemed to have been performed pursuant to a valid license, certificate, or permit;
- Reorganization of Chapters 2-4 into two chapters separating the initial and comity licensure provisions for easier referencing and user friendliness; and removing conflicting rules;
- Expansion of seal requirements to include security over the seal, identification requirements of the coordinating professional, and provisions for determining direct supervision of work;
- New rules related to the use of regulated titles in Nebraska;
- Revisions to Chapter 8 (moving to Chapter 7) to simplify and clarify the enforcement process when undertaken by the Board;
- New rules related to the number of professional development hours required, changing the audit process to a randomly selected process not to exceed 10% of the number of licenses, and addition of allowable exemptions and waivers;
- Deletion of Chapter 9; applicable rules are being incorporated to Chapter 7;
- Deletion of Chapter 10; applicable rules are being incorporated into Chapter 7;
- Deletion of Chapter 11; moved to Rule 1.7.1; and
- Deletion of Chapter 12; moved to Rule 1.7.2
This hearing is being conducted under the provisions of Section 84-907 R.R.S., 1943, which provides that Draft copies of the proposed rules are available for public examination at the office of the State Board of Landscape Architects and the office of the Secretary of State, State Capitol Building, Lincoln, Nebraska. Links to both the legislative and clean copies of the proposed rules are listed below.
A complete statement on the fiscal impact for organizations and persons regulated by these regulations can be examined at the office of the State Board of Landscape Architects, 215 Centennial Mall South, Ste 400, Lincoln, Nebraska 68508, (402) 471-2407, and at the office of the Secretary of State, Capitol Building, Lincoln, Nebraska.
All interested persons are invited to ATTEND and TESTIFY orally or by written submission at the hearing. Interested persons may also submit written comments prior to the hearing that will be made part of the hearing record at the time of hearing if received by the State Board of Landscape Architects on or before October 23, 2020. If auxiliary aids or reasonable accommodations are needed to participate at the hearing, please call (402) 471-2407 no later than ten days before the hearing. TDD users please call (800) 833-7352 and ask the relay operator to call us at (402) 471-2407.
DATED at Lincoln, Nebraska, this 18th day of September 2020.
Eric Casper, Chairperson
State Board of Landscape Architects
Subject Matter Index
RULES AND REGULATIONS TITLE 231, NAC
Chapter 1: Administration
Chapter 2: Classification of applicants
Chapter 3: Requirements for applications
Chapter 4: Examinations for Landscape Architects
Chapter 5: The use of the licensee seal
Chapter 6: Professional development requirements
Chapter 7: Fees
Chapter 8: Professional conduct and competence
Chapter 9: Probable cause for violations, prohibitions, and penalties
Chapter 10: Procedure – contested case
Chapter 11: Promulgation, amendment, or repeal of rules
Chapter 12: Declaratory rulings