§ 5-1-15.1 - Certificate of authorization for sole proprietorships, partnerships, limited liability partnerships, corporations or limited liability companies.

SECTION 5-1-15.1

   § 5-1-15.1  Certificate of authorizationfor sole proprietorships, partnerships, limited liability partnerships,corporations or limited liability companies. – (a) A sole proprietorship, partnership, limited liability partnership,corporation or limited liability company shall be admitted to practicearchitecture in this state if:

   (1) Two-thirds ( 2/3) of the partners (if a partnership orlimited liability partnership) two-thirds ( 2/3) of the directors and officers(or shareholders if there are no directors, if a corporation) or two-thirds (2/3) of the managers (or members if there are no managers, if a limitedliability company) are registered under the laws of any state or any reciprocaljurisdiction as defined by the National Council of Architectural RegistrationBoards to practice architecture or engineering;

   (2) One-third ( 1/3) of the partners (if a partnership orlimited liability partnership) or one-third ( 1/3) of the directors andofficers (or shareholders if there are no directors, if a corporation), orone-third ( 1/3) of the managers (or members if there are no managers, if alimited liability company) are registered under the laws of any state orreciprocal jurisdiction as defined by the National Council of ArchitecturalRegistration Boards to practice architecture; and

   (3) The person having the practice of architecture in his orher charge is himself or herself a partner (if a partnership or limitedliability partnership) a director or officer (or shareholders if there are nodirectors, if a corporation) or a manager (or members if there are no managers,if a limited liability company) and registered to practice architecture inthis state.

   (b) The board is empowered to require any soleproprietorship, partnership, or limited liability partnership, corporation orlimited liability company practicing architecture in this state to fileinformation concerning its partners, shareholders, officers, directors,members, managers, and other aspects of its business organization, upon anyforms that the board prescribes.

   (c) The practice or offer to practice architecture as definedby this chapter by a sole proprietorship, partnership, limited liabilitypartnership, corporation, or limited liability company subsequently referred toas the "firm", through one or more architects registered under the provisionsof this chapter, is permitted provided that the registered architect orarchitects are in direct control of the practice or exercise responsiblecontrol of all personnel who act in behalf of the firm in professional andtechnical matters; and provided, that the firm has been issued a certificate ofauthorization by this board.

   (d) Within one year after the enactment of this chapter,every firm must obtain a certificate of authorization from this board, andthose individuals in direct control of the practice or who exercise responsiblecontrol of all personnel who act in behalf of the firm in professional andtechnical matters must be registered with the board. The certificate ofauthorization shall be issued by the board upon satisfaction of the provisionsof this chapter and the payment of a fee as determined by the board inaccordance with § 5-1-11. This fee shall be waived if the firm consists ofonly one person who is the registered architect. Every firm must file anapplication for a certificate of authorization with the board on a formprovided by the board.

   (e) Every certificate of authorization is valid for a periodof two (2) years and expires on the last day of December of each even numberedyear following its issuance. A separate form provided by the board shall befiled with each renewal of the certificate of authorization. The firm shallcomplete a renewal form within thirty (30) days of the time any informationpreviously filed with the board has changed, is no longer true or valid, or hasbeen revised for any reason. If, in the board's judgment, the informationcontained on the application and/or renewal form is satisfactory and complete,the board will issue a certificate of authorization for the firm to practicearchitecture in this state. The board may require all applicants for renewal toprovide the board with information, including but not limited to, a briefoutline setting forth the professional activities of any applicant during aperiod in which a certificate of authorization has lapsed and other evidence ofthe continued competence and good character of the applicant, all as the boarddeems necessary.