Pursuant to Oklahoma State Architectural and Registered Interior Designers Act (59 Okl. St. § 46.2), in order to safeguard life, health and property and to promote the public welfare, the professions of architecture or landscape architecture are declared to be subject to regulation in the public interest.
Further, under the code of Oklahoma, 59 Okl. St. § 46.2, it is unlawful for any person to practice or offer to practice architecture unless the person is duly licensed or exempt from licensure or registration under the State Architectural and Interior Designers Act.
The practice of architecture and landscape architecture and the use of the titles, architect, landscape architect or registered interior designer, are privileges granted by the state through the Board of Governors of the Licensed Architects. Licensure or registration shall not be transferable.
Pursuant to Code of Oklahoma59 Okl. St. § 46.7, in addition to the other powers and duties imposed by law, the Board shall have the power and duty to:
- Prescribe such rules and to make such orders, as it may deem necessary or expedient in the performance of its duties;
- Prepare, conduct, and grade examinations of persons who shall apply for the issuance of licenses to them, and to promulgate such rules with reference thereto as it may deem proper;
- Contract with nationally recognized registration organizations to prepare, conduct, and grade examinations, written or oral, of persons who shall apply for the issuance of licenses;
- Determine the satisfactory passing score on such examinations and issue licenses to persons who shall have passed examinations, or who shall otherwise be entitled thereto;
- Determine eligibility for licenses and certificates of authority;
- Determine eligibility for registration as a registered interior designer and for certificate of title;
- Promulgate rules to govern the issuing of reciprocal licenses and registrations;
- Upon good cause shown, as hereinafter provided, deny the issuance of a license, registration, certificate of authority or certificate of title or suspend, revoke or refuse to renew licenses, registrations, certificates of title or certificates of authority previously issued, and upon proper showing, to reinstate them;
- Review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension, revocation or refusal to renew;
- Prescribe rules governing proceedings for the denial of issuance of a license, registration, certificate of authority or certificate of title, suspension, revocation or refusal to renew, for cause, of licenses, registrations, certificates of authority or certificates of title heretofore issued and the reinstatement thereof;
- Prescribe such penalties, as it may deem proper, to be assessed against holders of licenses, registrations, certificates of authority or certificates of title for the failure to pay the biennial fee hereinafter provided for;
- Levy civil penalties plus the legal costs incurred by the Board to prosecute the case against any person or entity who shall violate any of the provisions of the State Architectural and Registered Interior Designers Act or any rule promulgated thereto;
- Obtain an office, secure such facilities, and employ, direct, discharge and define the duties and set the salaries of such office personnel and set the salaries of such unclassified and exempt office personnel as deemed necessary by the Board;
- Initiate disciplinary action, prosecute and seek injunctions against any person or entity who has violated any of the provisions of the State Architectural and Registered Interior Designers Act or any rule of the Board promulgated pursuant to said act and against the owner/developer of the building type not exempt;
- Investigate alleged violations of the State Architectural and Registered Interior Designers Act or of the rules, orders or final decisions of the Board;
- Promulgate rules of conduct governing the practice of licensed architects and landscape architects;
- Keep accurate and complete records of proceedings, and certify the same as may be appropriate;
- Whenever it deems it appropriate, confer with the Attorney General or the Attorney General’s assistants in connection with all legal matters and questions. The Board may also retain an attorney who is licensed to practice law in this state. The attorney shall serve at the pleasure of the Board for such compensation as may be provided by the Board. The attorney shall advise the Board and perform legal services for the Board with respect to any matters properly before the Board. In addition to the above, the Board may employ hearing examiners to conduct administrative hearings under the provisions of the Administrative Procedures Act
- Prescribe by rules, fees to be charged as required by this act;
- Adopt rules providing for a program of continuing education in order to insure that all licensed architects or landscape architects remain informed of those technical and professional subjects which the Board deems appropriate to professional architect or landscape architect practice. The Board may by rule describe the methods by which the requirements of such program may be satisfied. Failure to meet such requirements of continuing education shall result in non renewal of the license issued to the architect or landscape architect;
- Adopt rules regarding requirements for intern development as a prerequisite for licensure; and
- Take such other action as may be reasonably necessary or appropriate to effectuate the State Architectural and Registered Interior Designers Act.
Code of Oklahoma 59 Okl. St. § 46.8a provides that, it shall be unlawful for any person to directly or indirectly engage in the practice of architecture in the state of Oklahoma or use the title “Architect” or other symbols or devices indicating or tending to indicate that such person is an architect or is practicing architecture, unless the person is licensed under the provisions of the act
Every person applying to the Board for an initial license shall submit an application accompanied by the fee established in accordance with the rules of the Board, with satisfactory evidence that such person holds an accredited professional degree in architecture or has completed such other education as the Board deems equivalent to an accredited professional degree and with satisfactory evidence that such person has completed such practical training in architectural work as the Board requires.
Further the code provides that, if an applicant is qualified in accordance with this subsection, the Board shall, by means of a written examination, examine the applicant on such technical and professional subjects as are prescribed by the Board.
However, the Board shall have the power to issue licenses without requiring an examination to persons who have been licensed to practice architecture in states other than the State of Oklahoma, in a territory of the United States, in the District of Columbia, or in a country other than the United States; provided that the state or country has a similar reciprocal provision to authorize the issuance of licenses to persons who have been licensed in the state of Oklahoma
Pursuant to Code of Oklahoma59 Okl. St. § 46.10, every licensed architect shall pay to the Board a fee for renewal of the license or registration, which shall authorize the person to practice architecture. The license of an architect which has been canceled by the Board for nonpayment of dues may be renewed at any time within three years from the date of the cancellation, upon payment to the Board of the fees which had accrued at the time of the cancellation. However, no license for architects for a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall be issued or renewed for longer than two years.
Pursuant to Code of Oklahoma59 Okl. St. § 46.14, the Board shall have power to suspend, to revoke or refuse to renew a license, registration, certificate of authority or certificate of title issued by it, pursuant to the provisions of the State Architectural and Registered Interior Designers Act, when the holder thereof:
- Shall have been convicted of a felony;
- Shall have been guilty of fraud or misrepresentation in the person’s application, whether for an examination or for a license or registration without examination, or of fraud in the examination;
- Shall have been guilty of gross incompetence or recklessness in the practice of architecture relating to the construction of buildings or structures, or of dishonest practices;
- Shall have been guilty of gross incompetence or recklessness in the practice of landscape architecture, or of dishonest practices;
- Presents the registration of another as his or her own;
- Gives false or forged evidence to the Board;
- Conceals information relative to any violation of the act or rules promulgated under this act;
Code of Oklahoma59 Okl. St. § 46.25 provides that each licensed architect shall have a seal, the image of which must contain the name of the architect, the person’s license number and the words, “Licensed Architect, State of Oklahoma”.
All technical submissions prepared by such architect, or under the responsible control of the architect, shall be sealed, signed and dated, which shall mean that the architect was in responsible control over the content of such technical submissions during their preparation and has applied the required professional standard of care. No licensed architect may sign or seal technical submissions unless they were prepared by or under the responsible control of the architect; except that:
- The person may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under the State Architectural and Registered Interior Designers Act if the architect has reviewed and adapted in whole or in part such portions and has either coordinated their preparation or integrated them into the work; and
- The person may sign or seal those portions of the technical submissions that are not required to be prepared by or under the responsible control of an architect if the architect has reviewed and adapted in whole or in part such submissions and integrated them into the work. The seal may be a rubber stamp or may be generated electronically, pursuant to rules adopted by the Board.