SUBCHAPTER 13. ORGANIZATIONAL PRACTICE
Section
55:10-13-1. Individual and group practice
55:10-13-2. Licensee required in each office
55:10-13-3. Licensees accountable individually
55:10-13-4. Certificate of Authority required
55:10-13-5. Establishing criteria for issuance of Certificate of Authority
55:10-13-6. Biennial registration for Certificate of Authority
55:10-13-7. Failure to register biennially for Certificate of Authority
55:10-13-8. Reinstatement of canceled Certificate of Authority
55:10-13-9. Compliance with laws, rules, regulations and orders
55:10-13-10. Investigations, hearings and penalties
55:10-13-11. Surrender of Certificates of Authority
55:10-13-12. Notification of changes in firm practice required
55:10-13-13. Authority to use professional titles
55:10-13-14. Certificate of Authority index maintained; restriction on similar names
55:10-13-15. Limited partnerships and corporations required to file with Secretary of State
55:10-13-16. Use of deceased or retired names in titles of firm name
55:10-13-17 Use of multiple surnames in titles of firm name
55:10-13-18. Use of full name in title of firm name
55:10-13-19. Use of departed person's surname in title of firm name
55:10-13-20. Use of fictitious name in title of firm name
55:10-13-21. Use of single surname in title of firm name
........Return to
.....Rules Index
|
55:10-13-1. Individual and group practice
Individual Registrants holding current Certificates of Registration may organize or engage in individual or group practice of architecture or landscape architecture allowed by statutes of this state and which are in compliance with the Board's current rules in this Chapter.
|
55:10-13-2. Licensee required in each office
Each Entity in the State where architectural or landscape architectural services are offered or performed shall have a current Oklahoma registered Architect or Landscape Architect in Responsible Control.
|
|
55:10-13-3. Licensees accountable individually
The responsibility of the Board to safeguard the life, health, property, and the public welfare against the irresponsible practice of the professions of architecture and landscape architecture is vested in the qualification and responsibility of Registrants who are accountable individually.
|
55:10-13-4. Certificate of Authority required
All sole proprietorships or Entities, including Entities using a fictitious name, practicing, offering to practice or contracting to provide architectural or landscape architectural services in the State of Oklahoma shall file an application with the Board, pay applicable fees and penalties in OAC 55:10-3-13 and, if qualified, be issued a Certificate of Authority by the Board. Certificates of Authority may be granted by the Board to any Entity recognized under the Act and approved by the Board, which meets the criteria in OAC 55:10-13-5.
|
55:10-13-5. Establishing criteria for issuance of Certificate of Authority
The Board may grant a certificate to practice through individual Licensees to those firms meeting the following criteria:
(1) An application is filed and approved by the Board.
(2) At least one general partner, or director, officer, shareholder, manager, member or principle is designated as being responsible for the practice of the profession and is licensed to practice architecture or landscape architecture in the State of Oklahoma. If a firm is offering to practice both professions, the firm shall have at least one general partner, director, officer, shareholder, manager, member or principle who is designated as being responsible for the practice of the profession and licensed to practice each profession.
(3) The firm's practice of architecture or landscape architecture in any office (e.g. branch office) is under the responsible control of a duly licensed Architect or Landscape Architect and such person is duly listed in the Certificate of Authority as an Architect of Record.
(4) All technical submissions, original working drawings, original cover sheet and index page identifying all specification pages covered, all addenda and field changes shall be signed, sealed and dated by an Architect of Record defined in 55:10-1-3.
(5) The Certificate of Authority shall identify the individual(s) Oklahoma licensed Architect(s) or Landscape Architect(s), who shall be an Architect of Record and in responsible charge of the architectural or landscape architectural practice.
(6) Compliance with the Board's rules in this Chapter and Section 46.9 of the Act shall not alleviate other members, officers, shareholders, managers, principles, directors, partners or employees from direct responsibility and liability by reason of employment or relationship with the Entity to the Board.
(7) The Certificate of Authority issued by the Board is subject to powers of renewal, suspension, revocation, denial, refusal to renew, criminal or civil penalties vested in the Board by the Act and does not preclude the Board from using any other legal procedures necessary to carry out its powers and duties.
|
55:10-13-6. Biennial registration for Certificate of Authority
(a) Biennial registration requirements. An Entity desiring to practice under the Certificate of Authority must submit the proper fees and applicable penalties in 55:10-3-13 and forms for application and renewal biennially. No Certificate of Authority shall be issued for longer than a two (2) year period. The renewal forms and fees shall be due with the Registrant's individual license renewal which is due by 4:30 p.m. on or before June 30 of the renewal year. Postmarks will not be accepted.
(b) Late payment penalty. Failure to biennially register and remit payment of the renewal fee for the Certificate of Authority on June 30 of the renewal year will result in a late payment penalty in 55:10-3-13.
|
55:10-13-7. Failure to register biennially for Certificate of Authority
(a) Failure to biennially register, remit renewal fee and penalties prescribed in the rules of this Chapter by August 1 of the renewal year will result in automatic suspension and revocation of the Certificate of Authority.
(b) Notices of suspension or revocation will be sent to the last known address of the Entity failing to biennially register and remit renewal fees and penalties.
|
55:10-13-8. Reinstatement of canceled Certificate of Authority
(a) Reinstatement for nonpayment of fees. Certificates of Authority canceled for nonpayment of fees may be renewed upon completion of an updated application form, provided the Entity currently meets all statutory requirements, the rules of this Chapter and payment to the Board of the fees and penalties in 55:10-3-13 have been paid, which have been accrued by the Entity at the time of reinstatement.
(b) Reinstatement of Certificate of Authority for cause. Certificates suspended, denied, refused to renew or revoked for cause may be reinstated only by Board action and only then in the manner determined by such Board action. Requests for reinstatement of the Certificate of Authority revoked for cause should be addressed to the Secretary-Treasurer at the board office and shall show cause why such Board action is justified.
|
55:10-13-9. Compliance with laws, rules, regulations and orders
All entities shall comply with all laws, rules, regulations and orders issued, which apply to an individual Architect or Landscape Architect.
|
55:10-13-10. Investigations, hearings and penalties
The Board shall investigate complaints, hold hearings, issue orders and determine penalties against entities in the same manner, procedure and with the same rights and offenses as an individual Architect or Landscape Architect, as designated in the rules of this Chapter.
|
55:10-13-11. Surrender of Certificates of Authority
Upon notice of the Board, Certificates of Authority suspended, refused to renew or revoked for cause by Board action shall be surrendered immediately in the manner prescribed by that notice.
|
55:10-13-12. Notification of changes in firm practice required
Entities shall notify the Board office within thirty (30) days of any or all changes which affect the Certificate of Authority. Notification shall be on the Board's form, signed by an Architect or Landscape Architect of Record or another partner, director, officer, shareholder, manager, member or principal of the Entity, notarized and accompanied by the fees in 55:10-3-13. Failure to properly and promptly notify the Board of these changes shall be cause for penalties, orders issued, revocation, refusal to renew or suspension of the Certificate of Authority, as designated in the rules of this Chapter.
|
55:10-13-13. Authority to use professional titles
(a) Only persons holding current Certificates of Registration in Oklahoma and Entities holding current Certificates of Authority issued by the Board, are authorized to employ the title Architect or Landscape Architect and use any various constructions thereof, in describing or identifying services contracted or executed.
(b) No other person or Entity may employ the title Architect or Landscape Architect to describe persons, entities or services, nor do such unregistered individuals or Entities have authority to contract or execute architectural or landscape architectural services in this state unless they hold a certificate issued by NCARB and comply with OAC 55:10-9-1 and Section 46.21B of the Act.
|
55:10-13-14. Certificate of Authority index maintained; restriction on similar names
(a) The Board office shall maintain a suitable index of each current Certificate of Authority issued, setting forth the pertinent facts.
(b) The name of the Entity shall not be the same as or deceptively similar to the name of any other Entity then existing or which has existed within the preceding three (3) years, without the written consent of the previously existing Entity.
|
55:10-13-15. Limited partnerships and corporations required to file with Secretary of State
(a) In order to practice in Oklahoma, limited partnerships, limited liability companies, limited liability partnerships, foreign and domestic corporations are required by law to file for a certificate of incorporation or domestication and maintain same with the Secretary of State.
(b) Failure of an Entity to properly file or register with the Oklahoma Secretary of State and maintain said Entity in good standing with the Oklahoma Secretary of State may result in revocation of the Certificate of Authority and disciplinary action pursuant to the rules in this Chapter.
|
55:10-13-16. Use of deceased or retired names in titles of firm name
Use of the names of deceased or retired licensed partners or directors in a firm name is permissible. Stationary, advertisements, business cards and similar items which may be circulated to the public or in the ordinary course of business shall indicate the status of the retired or deceased person and include the year the person retired or became deceased. Retired person's may also be listed as consulting Architects or Landscape Architects. Example:
Doe, Smith & Jones
Architects
John Doe
Deceased
1930-1988
Fred Jones
Retired/Consulting Architect
1987
|
55:10-13-17. Use of multiple surnames in titles of firm name
Use of multiple surnames in titles of firms is permissible so long as one surname is a licensed Architect or Landscape Architect. Other surnames shall be names of related licensed professions (e.g., engineer - structural, mechanical, electrical, civil, or land surveyor). Example (where Doe is a licensed Architect, and Smith and Jones are licensed structural engineers):
Doe, Smith & Jones
Architects & Engineers
55:10-13-18. Use of full name in title of firm name
Use of full name in the title of a firm is permissible so long as the full name is the name of a licensed Architect or Landscape Architect or a deceased licensed Architect or Landscape Architect. Example (where John C. Doe was a licensed Architect):
John C. Doe Company
Architects
John C. Doe (1930-1988)
|
55:10-13-19. Use of departed person's surname in title of firm name
Use of a surname of a person who has left a firm is permissible by written agreement for a period of two (2) years so long as all stationary, advertising, business cards and similar items note that person's inactive status with the firm, the year and a current practicing licensed Architect's or Landscape Architect's name, who is a general partner or director appears on all stationary, advertising, business cards and similar items. Example:
Doe & Smith
Architects & Engineers
John Doe
Inactive 1988
David Williams
Architect
|
55:10-13-20. Use of fictitious name in title of firm name
Fictitious names of firms are permissible so long as at least one Architect of Record as defined in 55:10-1-3, being a licensed Architect or Landscape Architect responsible for firm practice appears on all stationary, business cards and similar items. Example:
The Gold Star Group
Architects & Engineers
John Brown
Licensed Architect
|
55:10-13-21. Use of single surname in title of firm name
Use of a single surname is permissible so long as that surname is a licensed Architect, Landscape Architect or related professional (e.g., engineer, structural, mechanical, electrical, or civil, or land surveyor). The entity shall also list the name of the licensed Architect or Landscape Architect responsible for firm practice on all stationary, business cards and similar items. Example (where Jones is a licensed related professional):
The Jones Group
Architects & Engineers & Land Surveyors
John Doe
Architect
