Terms Used In West Virginia Code > Chapter 30 > Article 22 - Landscape Architects

• Accredited: means a school, college or university accredited by the Landscape Architectural Accreditation Board (LAAB) or any other accrediting body recognized by the board. See West Virginia Code 30-22-4
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person making application for a license or a permit, or a firm making application for a certificate of authorization, under the provisions of this article. See West Virginia Code 30-22-4
• Board: means the West Virginia Board of Landscape Architects. See West Virginia Code 30-22-4
• Certificate of authorization: means a certificate issued under the provisions of this article to a firm providing landscape architectural services. See West Virginia Code 30-22-4
• Certificate of authorization holder: means a firm certified under the provisions of this article to provide landscape architectural services. See West Virginia Code 30-22-4
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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.
• Examination: means the examination in landscape architecture required for licensure. See West Virginia Code 30-22-4
• Firm: means any business entity, partnership, association, company, corporation, limited partnership, limited liability company or other entity providing landscape architectural services. See West Virginia Code 30-22-4
• Fraud: Intentional deception resulting in injury to another.
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landscape architect: means a person licensed under the provisions of this article to practice landscape architecture. See West Virginia Code 30-22-4
• Landscape architecture: means the analysis, planning, design, management and stewardship of the natural and built environments. See West Virginia Code 30-22-4
• License: means a landscape architecture license issued under the provisions of this article. See West Virginia Code 30-22-4
• Licensee: means a person holding a landscape architecture license issued under the provisions of this article. See West Virginia Code 30-22-4
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permittee: means a person holding a temporary permit. See West Virginia Code 30-22-4
• Practice of landscape architecture: means the performance of professional services, including but not limited to, analysis, consultations, evaluations, research, planning, design, management or responsible supervision of projects principally directed at the functional, aesthetic use, preservation and stewardship of the land and natural and built environments, including:

  (1) Investigation, selection and allocation of land and water resources for appropriate uses. See West Virginia Code 30-22-4

• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Quorum: The number of legislators that must be present to do business.
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Temporary permit: means a permit to practice landscape architecture issued by the board for a period of time not to exceed one year. See West Virginia Code 30-22-4