Kentucky Statutes 323A.110 – Grounds for placement on probation, reprimand, refusal to issue or renew, revocation, or suspension of license
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The board may refuse to issue or renew a license, or may place on probation, reprimand, suspend, or revoke the license of any landscape architect to practice landscape architecture in the Commonwealth of Kentucky, and may impose a fine of not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) per violation, for any of the following reasons:
(1) Incompetence or negligence in the practice of landscape architecture, as determined by the board;
(2) Unprofessional conduct, or conduct tending to bring the profession into disrepute, as determined by the board;
(3) Conviction of a felony, including all instances in which a plea of nolo contendere or no contest is the basis of the conviction, if in accordance with KRS Chapter 335B;
(4) Fraudulent or dishonest landscape architectural practice;
(5) Use of false evidence or misrepresentations in an application for license;
(6) Signing or affixing his or her seal to any plans, prints, specifications, or reports which have not been prepared by the landscape architect personally or under his or her immediate supervision;
(7) Failure to meet the continuing education requirements established by administrative regulation of the board;
(8) Impairment due to drugs, alcohol, or mental disability to an extent that continued practice may be dangerous to clients or to public safety;
(9) Failure to comply with an order issued by the board; and
(10) Violation of any state statute or administrative regulation governing the practice of landscape architecture.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 73, effective June 29, 2017. — Amended 2014 Ky. Acts ch. 90, sec. 8, effective July 15, 2014. — Amended
1994 Ky. Acts ch. 291, sec. 9, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 146, sec. 4, effective July 13, 1990. — Created 1972 Ky. Acts ch. 287, sec. 11.
(1) Incompetence or negligence in the practice of landscape architecture, as determined by the board;
Terms Used In Kentucky Statutes 323A.110
- Board: means the Kentucky Board of Landscape Architects. See Kentucky Statutes 323A.010
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Landscape architect: means a person who engages in the practice of landscape architecture as defined in subsection (3) of this section. See Kentucky Statutes 323A.010
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- practice of landscape architecture: means to render or offer to render any professional service in connection with the planning of outdoor space involving the relationships of people, flora and fauna, and facilities, with emphasis on the function, preservation, conservation, restoration, and enhancement of the physical environment, by arranging land and water and the elements thereon, including the alignment of roadways and the location of buildings, service areas, parking areas, walkways, steps, ramps, pools, and other structures, and the grading of the land, surface and sub-soil drainage, erosion control, planting, reforestation, and the preservation of the natural landscape ecology and environment, in accordance with the accepted professional standard of public health, welfare, and safety. See Kentucky Statutes 323A.010
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(2) Unprofessional conduct, or conduct tending to bring the profession into disrepute, as determined by the board;
(3) Conviction of a felony, including all instances in which a plea of nolo contendere or no contest is the basis of the conviction, if in accordance with KRS Chapter 335B;
(4) Fraudulent or dishonest landscape architectural practice;
(5) Use of false evidence or misrepresentations in an application for license;
(6) Signing or affixing his or her seal to any plans, prints, specifications, or reports which have not been prepared by the landscape architect personally or under his or her immediate supervision;
(7) Failure to meet the continuing education requirements established by administrative regulation of the board;
(8) Impairment due to drugs, alcohol, or mental disability to an extent that continued practice may be dangerous to clients or to public safety;
(9) Failure to comply with an order issued by the board; and
(10) Violation of any state statute or administrative regulation governing the practice of landscape architecture.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 158, sec. 73, effective June 29, 2017. — Amended 2014 Ky. Acts ch. 90, sec. 8, effective July 15, 2014. — Amended
1994 Ky. Acts ch. 291, sec. 9, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 146, sec. 4, effective July 13, 1990. — Created 1972 Ky. Acts ch. 287, sec. 11.