West Virginia Code of State Rules Agency 9 - Landscape Architects
📘 West Virginia Code of State Rules — Agency 9: Landscape Architects
Agency 9 is the rule set created by the West Virginia Board of Landscape Architects under the authority of Chapter 30, Article 22 of the West Virginia Code. It governs:
Licensing of individual landscape architects
Certificates of authorization for firms
Standards of professional conduct
Continuing education
Fees and renewal procedures
Investigation and discipline
The goal is to protect the health, safety, and welfare of the public through professional regulation.
1. Purpose and Authority
Only licensed landscape architects may use the title or practice landscape architecture in West Virginia.
The Board of Landscape Architects is empowered to make rules, examine applicants, issue licenses, renew certificates, and discipline violators.
Firms providing landscape architectural services must have a Certificate of Authorization (COA), with a licensed landscape architect responsible for the work.
2. Registration and Licensure (Series 9‑01)
A. Individual Licensure
Applicants must provide education, experience, and endorsements.
Licensure requires passing examinations approved by the Board.
The Board can deny applications for failure to meet requirements or misrepresentation.
B. Temporary Permits
The Board can issue temporary permits for qualified individuals pending full licensure.
Temporary permits allow practice under supervision for a limited time.
C. Seal and Signature
All professional documents must bear the licensed landscape architect’s seal and signature.
Improper use of a seal (such as signing work not prepared under supervision) can lead to disciplinary action.
D. Certificates of Authorization for Firms
Corporations, partnerships, or LLCs offering landscape architectural services must have a COA.
A licensed landscape architect must be in responsible charge of the firm.
COAs must be renewed annually, and changes in ownership or responsible architect must be reported.
3. Continuing Education (Series 9‑02)
Licensed landscape architects must complete a set number of Professional Development Hours (PDHs) or Continuing Education Units (CEUs) for license renewal.
Exemptions are allowed in cases such as military service, disability, or Board-approved hardship.
4. Fees (Series 9‑03)
The Board sets fees for:
License application and examination
Temporary permits
Certificate of Authorization (COA) applications and renewals
License renewal and reinstatement
Fees vary depending on whether the applicant is an individual or a firm.
5. Ethics and Professional Conduct
Licensed landscape architects must:
Practice within their competence.
Protect public health, safety, and welfare.
Avoid misrepresentation or conflicts of interest.
Follow all Board rules regarding seals, supervision, and documents.
Disclose financial or personal interests that could affect professional judgment.
Violations can result in fines, suspension, or revocation of license.
6. Discipline and Enforcement
The Board can investigate complaints and take disciplinary action for rule violations.
Licensees must receive a written statement of charges and an opportunity for a hearing.
Disciplinary actions include:
Reprimand
Suspension
Revocation of license or COA
The Board can also seek injunctions or refer cases for criminal prosecution if laws are violated.
Decisions are subject to judicial review under West Virginia administrative law.
7. Case Law Principles
Dent v. West Virginia (1889)
The U.S. Supreme Court upheld a state’s right to require professional licensing.
The decision confirmed that states can require reasonable education, experience, and examinations for public protection.
This case forms the constitutional foundation for licensing landscape architects in West Virginia.
Principles in Practice
Due Process: Boards must follow fair procedures when disciplining licensees.
Substantial Evidence: Disciplinary action must be supported by evidence showing the licensee violated rules.
Professional Scope: Courts recognize that only licensed individuals may perform and certify work within the regulated profession.
Although no widely reported cases exist specifically for the West Virginia Board of Landscape Architects, these principles have been applied to other licensed professions in the state.
8. Key Summary Table
| Topic | Key Points |
|---|---|
| Licensing | Only licensed individuals may practice. Exams and experience required. |
| Seals & Documents | Seals must be used correctly; misuse can lead to discipline. |
| Firm Authorization | Firms need COA; must have a responsible licensed architect. |
| Continuing Education | PDH/CEU requirements; exemptions allowed with Board approval. |
| Fees | Board sets fees for applications, renewals, and permits. |
| Ethics | Practice within competence; avoid misrepresentation; protect public welfare. |
| Discipline | Board can suspend/revoke licenses; hearings and judicial review required. |
| Legal Basis | Dent v. West Virginia validates state licensing for public safety. |
This summary covers all major rules, licensing processes, ethics, enforcement, and foundational case law for West Virginia Agency 9—Landscape Architects.
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