1. (a) The Landscape Architects' Registration Law (the Act), Article 249c, Vernon's Texas Civil Statutes, is specific in its provisions authorizing the lawful use of the title "landscape architect" and the term "landscape architecture." It is equally specific in charging the Texas Board of Architectural Examiners with responsibility for enforcement of the Act. The statute exempts certain persons from provisions of the Act, but otherwise, unregistered persons are liable for violations:

   1. (1) The Board has authority to seek injunctions and restraining orders and to impose administrative penalties against persons using the title "landscape architect" or offering or performing landscape architectural services improperly.
   2. (2) Each day that a violation occurs or continues may be considered a separate violation.
2. (b) Complaints alleging violations of the Act or Board rules must be made in good faith and be accompanied by sufficient information or factual evidence for the Executive Director to establish probable cause. If the Executive Director does not find probable cause, he/she shall be authorized to dismiss the allegation without further action. The Board is not responsible for proving the basis of a complaint.
3. (c) Complaints shall normally be submitted in writing along with copies or originals of all supporting evidence; however, the Executive Director may initiate an inquiry based on any information that will establish probable cause.
4. (d) The Board will act only when the basis of the complaint would be a violation of the Act or Board rules if substantiated.
5. (e) If a valid complaint, accompanied by sufficient information or factual evidence to establish probable cause, is filed with the Executive Director, the Board may proceed independent of any action by the complainant to enter into litigation with the defendant or to abandon the complaint.
6. (f) The Board may, upon request, keep the identity of the complainant confidential to the extent permitted by law.
7. (g) The Board office shall maintain a separate file containing all information in connection with complaints, charges, hearings in connections with such charges, and the action of the Board in each case.
8. (h) On each written complaint filed with the Board, a report to the complainant shall be made at least as frequently as quarterly on the status of the complaint until the final disposition of the complaint.

Source Note:The provisions of this §3.191 adopted to be effective September 19, 1996, 21 TexReg 8675; amended to be effective April 5, 2000, 25 TexReg 2813.