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PART F
Sec. F-1. 32 MRSA §210 is enacted to read:
§ 210. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
Sec. F-2. 32 MRSA §211, as amended by PL 1999, c. 687, Pt. E, §2, is further amended to read:
§ 211. Membership; term
The Maine State Board for Licensure of Architects, Landscape Architects and Interior Designers, established by Title 5, section 12004-A, subsection 4, referred to in this chapter as the "board," shall administer this chapter. The board consists of 9 members appointed by the Governor: Five must be licensed and practicing architects, one of whom may be a professor of architecture; one must be a licensed and practicing landscape architect; one must be a certified and practicing interior designer and 2 must be representatives of the public members as defined by Title 5, section 12004-A.
Appointments are for 3-year terms . Appointments of members must comply with the provisions of Title 10, section 60 8009. A member may be removed by the Governor for cause.
Sec. F-3. 32 MRSA §212, as amended by PL 1993, c. 389, §6, is further amended to read:
§ 212. Qualifications for members
Each member of the board must be a citizen of the United States, a resident of this State and in the case of architect, landscape architect or interior designer members must be currently licensed or certified by the State and have engaged in the independent practice of architecture, landscape architecture or interior design in the State for at least 5 years immediately prior to appointment. The member who may be a professor of architecture in a college or university of this State must have combined experience in practice and teaching of not less than 5 years, at least 2 of which must have been in the active practice of architecture as a profession.
Sec. F-4. 32 MRSA §213, as amended by PL 1999, c. 687, Pt. E, §3, is further amended to read:
§ 213. Meetings; chair; quorum
The board shall meet at least once a year to conduct its business and to elect its officers a chair. Additional meetings may must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Five members of the board constitute a quorum.
The board shall annually elect a chair and a secretary. Five members of the board constitute a quorum for all purposes.
Sec. F-5. 32 MRSA §214, sub-§2, as amended by PL 1993, c. 389, §8, is repealed.
Sec. F-6. 32 MRSA §214, sub-§4, as enacted by PL 1983, c. 413, §6, is repealed.
Sec. F-7. 32 MRSA §216, as amended by PL 1993, c. 389, §9, is repealed.
Sec. F-8. 32 MRSA §217, as amended by PL 1987, c. 395, Pt. A, §112, is repealed.
Sec. F-9. 32 MRSA §218, as amended by PL 1993, c. 389, §10 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
§ 218. Denial or refusal to renew license; disciplinary action
The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.
Sec. F-10. 32 MRSA §220, sub-§1, ¶A, as amended by PL 1991, c. 396, §11, is further amended to read:
As used in this chapter, the practice of architecture consists of rendering or offering to render service to clients by consultations, investigations, technical submissions and a coordination of structural factors concerning the aesthetic or structural design and administration of construction contracts or any other service in connection with the designing or administration of construction contracts for buildings located inside the State that have as their principal purpose human occupancy or habitation, regardless of whether the persons are performing one or all of these duties, or whether they are performed in person or as the directing head of an office or organization performing them.
As used in this chapter, the term "technical submissions" includes the preliminary studies, plans, designs, drawings, specifications and contract documents, as well as other documents, prepared in the course of practicing architecture or landscape architecture.
The practice of architecture does not include the practice of landscape architecture as defined in this chapter. A licensed architect may do landscape architectural work as is incidental to the architect's work.
Sec. F-11. 32 MRSA §220, sub-§1, ¶B, as amended by PL 1991, c. 824, Pt. A, §63, is further amended to read:
(1) To be qualified for admission to the examination to practice architecture in this State an applicant must submit evidence to the board that:
(a) The applicant has completed a course of study in a school or college of architecture approved by the board, with graduation evidenced by a diploma setting forth a satisfactory degree, and 3 years of practical experience in the office under the supervision of an experienced architect or architects engaged in the practice of architecture as a profession; or
(b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully equivalent to that required in division (a).
(2) An applicant for licensure as an architect in this State who has a current and valid license from another jurisdiction and a certificate from the National Council of Architectural Registration Boards or its successor or other organization approved by the board may offer to render architectural services in this State prior to licensure by the board if the applicant first notifies the board in writing that the applicant will be present in this State to offer to render architectural services. The applicant may not render architectural services until duly licensed by the board.
Sec. F-12. 32 MRSA §220, sub-§2, ¶B, as amended by PL 1991, c. 824, Pt. A, §64, is further amended to read:
(1) To be qualified for admission to the examination to practice landscape architecture in this State an applicant must submit evidence that:
(a) The applicant has completed a course of study in a school or college of landscape architecture approved by the board, with graduation evidenced by a diploma setting a satisfactory degree and 2 years of practical experience in landscape architectural work of a grade and character satisfactory to the board; or
(b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully equivalent to that required in division (a).
(2) An applicant for licensure as a landscape architect in this State who has a current and valid license from another jurisdiction and a certificate from the Council of Landscape Architectural Registration Boards' certificate Boards or its successor or other organization approved by the board may offer to render landscape architectural services in the State prior to licensure by the board provided the applicant first notifies the board in writing that the applicant will be present in the State to offer to render landscape architectural services. The applicant may not render landscape architectural services until duly licensed by the board.
Sec. F-13. 32 MRSA §220-A, as amended by PL 1989, c. 857, §73, is repealed.
Sec. F-14. 32 MRSA §220-B, as enacted by PL 1993, c. 389, §12, is amended to read:
§ 220-B. Use of the title "interior designer"; qualifications; grandfathering
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
(1) Is a graduate of a 5-year interior design program from an accredited institution and has completed at least one year of diversified and appropriate interior design experience;
(2) Is a graduate of a 4-year interior design program from an accredited institution and has completed at least 2 years of diversified and appropriate interior design experience;
Sec. F-15. 32 MRSA §221, as amended by PL 1993, c. 389, §13, is further amended to read:
§ 221. Examinations
Examinations for licensure as an architect or landscape architect and for certification as a certified interior designer must be held by the board at least once each year if applications have been received during the time announced. The board shall make all necessary rules, in accordance with the Maine Administrative Procedure Act, Title 5, section 8051, et seq., governing the time, place and method of giving and grading examinations, shall publish appropriate announcements and shall conduct examinations at the time designated for all applicants who desire to be licensed as an "architect" or "landscape architect" or to be certified as a "certified interior designer" and to engage in performing the functions of an architect, landscape architect or certified interior designer. The board has the power to provide a reasonable division into classes of the various applicants and the examination to be taken in each class. Examinations must consist of such technical and professional subjects and oral questioning as the board may from time to time prescribe. The rules for the manner in which examinations are conducted and the content of the examination must be adopted in accordance with the Maine Administrative Procedure Act, Title 5, section 8051, et seq.
Sec. F-16. 32 MRSA §222, as amended by PL 1993, c. 389, §14, is repealed and the following enacted in its place:
§ 222. Fees
The director of the office may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $200. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. F-17. 32 MRSA §223-A, sub-§1, as enacted by PL 1991, c. 396, §18, is amended to read:
Sec. F-18. 32 MRSA §223-B, as enacted by PL 1993, c. 389, §15, is amended to read:
§ 223-B. Certification by reciprocity
A certificate license may be issued by the board without further examination requirements for an individual who provides proof of passage of the examination administered by the National Council for Interior Design Qualification, or its successor organization, or an equivalent exam as determined by the board or who is licensed or certified as an interior designer in another state if that state's requirements are substantially equivalent to those required for a certificate license in the State.
Sec. F-19. 32 MRSA §224, as amended by PL 1991, c. 396, §19, is further amended to read:
§ 224. License
The board shall issue a license upon payment of the fee provided for in this chapter as set under section 222 to any applicant who , in the opinion of the board, has satisfactorily met all the requirements of this chapter. Licenses must bear a serial number and the full name of the licensee.
Issuance of a license by the board shall be is evidence that the person named therein is entitled to all the rights and privileges of a licensed architect or , licensed landscape architect or certified interior designer while the license remains unexpired and unrevoked. The license shall be synonymous with licensure, with the full meaning and effect of a license to practice architecture or landscape architecture.
Licenses expire on the last day of June of each year or any other time the Commissioner of Professional and Financial Regulation designates may designate. Renewal may be effected at any time during the renewal month by payment of the renewal fee. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $10 in addition to the renewal fee as set under section 222. Any person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made received, together with the late fee, renewal fee and additional late fee as set under section 222, within 2 years from the date of the expiration.
Sec. F-20. 32 MRSA §224-A, as enacted by PL 1993, c. 389, §15, is repealed.
Sec. F-21. 32 MRSA §225, first ¶, as amended by PL 1991, c. 396, §20, is further amended to read:
Each licensee licensed architect or landscape architect shall upon licensure obtain a seal of such design as the board authorizes and directs and shall submit an impression of the seal to the board. Technical submissions prepared by or under the direct supervision of a licensed architect or under the direct supervision of a licensed landscape architect must be stamped with the seal during the life of the licensee's license. It is unlawful for anyone to stamp or seal any documents with the seal after the license named on the seal has expired or has been revoked, unless the license has been renewed or reissued.
Sec. F-22. 32 MRSA §225-A, sub-§1, as enacted by PL 1993, c. 389, §15, is amended to read:
Sec. F-23. 32 MRSA §225-A, sub-§2, as enacted by PL 1993, c. 389, §15, is amended to read:
Sec. F-24. 32 MRSA §227, as enacted by PL 1977, c. 463, §3, is repealed.
Sec. F-25. 32 MRSA §228, as amended by PL 2001, c. 421, Pt. B, §93 and affected by Pt. C, §1, is further amended to read:
§ 228. Penalties
A person who violates any provision of this chapter for which a penalty has not been prescribed commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged section 220, subsection 1 or 2 or section 220-B, subsection 1 is subject to the provisions of Title 10, section 8003-C.
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether other administrative, civil or criminal proceedings have been or may be instituted.
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Office of the Revisor of Statutes