Arkansas Architectural Act, A.C.A. § 17-15-101 to A.C.A. § 17-15-312 provides regulation of architects. The Act regulates the practice of architecture; to create Arkansas State Board of Architects; to provide examination for qualification; to provide for the issuance of certificates of registration and licenses; and for other purposes. Pursuant to the Act, “Architect” means a person who is technically and legally qualified to practice architecture.
A.C.A. § 17-15-103 provides that a person shall be guilty of a Class B misdemeanor each day of the unlawful practice to constitute a distinct and separate offense if that person:
- Practices or offers to practice the profession of architecture in the state without being registered or exempted therefrom in accordance with the provisions of this chapter;
- Gives any false or forged evidence of any kind to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers or to any member thereof for the purpose of obtaining a certificate of registration;
- Falsely impersonates any other registrant of like or different name;
- Attempts to use an expired or revoked certificate of registration; or
- Violates, or aids or abets any violation of, any of the provisions of this chapter.
Pursuant to A.C.A. § 17-15-104, it shall be the duty of all duly constituted officers of the law in the state, and of all political subdivisions, to enforce the provisions of the chapter and to prosecute any persons violating its provisions.
A.C.A. § 17-15-105 provides that the violation of any provision of this chapter, and the construction of any structure in violation of its provisions, or any of them, is declared to constitute a nuisance and a threat to the public health and welfare and may be enjoined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in the circuit courts of this state, even though the violation may be punishable by fine, the intention of this section being to provide a speedy means of protecting the public. The board shall not be required to execute or give a bond for cost, indemnity, or stay, as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state.
A.C.A. § 17-15-301 provides that in order to safeguard life, health, and property, no person shall practice architecture in the state, or engage in preparing plans, specifications, or preliminary data for the erection or alteration of any building located within the boundaries of the state, or use the title “architect”, or display or use any title, sign, card, advertisement, or other device to indicate that the person practices or offers to practice architecture, or is an architect, unless the person shall have secured from the Arkansas State Board of Architects a certificate of registration and license in the manner hereinafter provided and shall thereafter comply with the provisions of this chapter governing the registration and licensing of architects.
A.C.A. § 17-15-304 provides that to be registered and licensed, an applicant must pass an examination for licensure. To be qualified for admission to an examination to practice architecture in the State of Arkansas, an applicant must be at least twenty-one years of age and of good moral character. Moreover, the applicant shall have all the qualifications required for admission to either the written examination or the senior examination of the National Council of Architectural Registration Boards. The Arkansas State Board of Architects is empowered to make all necessary rules and regulations governing the content, grading, time, place, and method of conducting the examinations and may adopt the examinations and recommended grading procedures of the National Council of Architectural Registration Boards.
Pursuant to A.C.A. § 17-15-305, upon payment of the proper fee under this chapter, the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall issue a certificate of registration and license to an applicant who:
- has satisfactorily met all the requirements of this chapter; or
- has been previously issued certificates of registration and license by a body created under legislative enactment of the State of Arkansas.
Issuance of a certificate of registration by the board is evidence that the person named in the certificate of registration is entitled to all the rights and privileges of a registered architect while the certificate remains unexpired and unrevoked. Certificates of registration shall expire on July 31 of each year and shall become invalid on that date unless renewed. Renewal may be effected at any time during the month of July by payment of the renewal fee under § 17-15-311. A.C.A. § 17-15-308 provides that the Arkansas State Board of Architects, Landscape Architects, and Interior Designers may revoke the certificate of registration and license of an architect upon proof that:
- The holder of the certificate of registration or license is practicing in violation of this chapter or of the proper rules of the board governing this chapter;
- The license or certificate of registration has been obtained by fraud or misrepresentation or the person named therein has obtained it by fraud or misrepresentation;
- Money other than the regular fees provided for has been paid for the license or certificate of registration;
- The holder of the license or certificate of registration is falsely impersonating a practitioner or former practitioner of a like or different name or is practicing under an assumed or fictitious name;
- The holder of the license or certificate of registration has been guilty of a felony;
- The holder of the license or certificate of registration has aided or abetted in the practice of architecture a person not duly authorized to practice architecture under this chapter;
- The holder of the license or certificate of registration has been guilty of fraud or deceit or of gross negligence or misconduct in the practice of architecture;
- The holder of the certificate of registration or license has been guilty of gross incompetency or recklessness in the construction or designing of buildings;
- The holder of the license or certificate of registration affixed or permitted to be affixed his or her seal or name to any plans, specifications, drawings, or related documents that were not prepared by him or her or under his or her responsible supervisory control; or
- The holder of the license or certificate of registration has been adjudged mentally incapable by a court of competent jurisdiction.
A.C.A. § 17-15-309 provides that a person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant. Pursuant to A.C.A. § 17-15-310, the Arkansas State Board of Architects, Landscape Architects, and Interior Designers may reissue a certificate of registration to a person whose certificate of registration has lapsed or has been suspended or revoked, if no charges of violation of this act are pending in any court of record in this state and three or more members of the board vote in favor of reissuance.