Wyo. Code R. 012-0001-9
Architects and Landscape Architects, Board of
Chapter 9: Refusal, Suspension, Revocation
Effective Date: 04/27/2001 to 08/23/2007
Rule Type: Superceded Rules & Regulations
Reference Number: 012.0001.9.04272001
Section 1. Grounds. Each of the following acts are grounds for refusal, suspension or revocation of license pursuant to W.S. 33-4-115 and these regulations:
(a) Fraud, deceit or material misstatement of fact in applying for a license or in passage of the examination provided for in this act;
(b) Untrustworthiness, incompetency or misconduct in the practice of architecture or landscape architecture as evidenced by conduct which endangers life, health, property or the public welfare;
(c) Mental Incompetency;
(d) Fraud or deceit in the practice of architecture or landscape architecture;
(e) Affixing, or permitting to be affixed, a seal upon a document which the architect or landscape architect was not responsible for preparing;
(f) Violating this Act or a rule or regulation of the Board promulgated pursuant to this Act;
(g) Suspension or revocation of licensure by another recognized jurisdiction; or
(h) Conviction under W.S. 33-4-114, or conviction in another state of any crime which would constitute a violation of W.S. 33-4-114 had the actions been taken in this state. A copy of the judgment of conviction certified by the rendering court shall be presumptive evidence of the conviction in any hearing under this section. For purposes of this paragraph 'conviction' includes a plea of nolo contendere or its equivalent.
(a) Competence.
(i) In engaging in the practice of architecture or landscape architecture a licensee shall act with reasonable care and competence, and shall apply the technical knowledge and skill which are ordinarily applied by licensed architects or landscape architects of good standing, practicing in the same locality.
(ii) In designing a project, a licensed architect or landscape architect shall take into account all applicable state and municipal building laws and regulations. While a licensed architect and landscape architect may rely on the advice of other professionals (e.g., attorneys, engineers and other qualified persons) as to the intent and meaning of such regulations, once having obtained such advice, a licensed architect or landscape architect shall not knowingly design a project in violation of such laws and regulations.
(iii) A licensed architect or landscape architect shall undertake to perform professional services only when he/she, together with those whom the licensed architect or landscape architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved.
(iv) No licensee shall be permitted to engage in the practice of architecture or landscape architecture if, in the Board's judgment, such individual's professional competence is substantially impaired by physical or mental disabilities.
(b) Conflict of Interest.
(i) A licensed architect or landscape architect shall not accept compensation for his/her services from more than one party on a project unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties.
(ii) If a licensed architect or landscape architect has any business association or direct or indirect financial interest which is substantial enough to influence his/her judgment in connection with the performance of professional services the licensed architect or landscape architect shall fully disclose, in writing, to his/her client or employer the nature of the business association or financial interest. If the client or employer objects to such association or financial interest, the licensed architect or landscape architect will either terminate such association or interest or offer to give up the commission or employment.
(iii) A licensed architect or landscape architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.
(iv) When acting as the interpreter of building contract documents and the judge of contract performance, a licensed architect or landscape architect shall render decisions impartially, favoring neither party to the contract.
(c) Full Disclosure
(i) A licensed architect or landscape architect, making public statements on architectural questions, shall disclose when he/she is being compensated for making such statements.
(ii) A licensed architect or landscape architect shall accurately represent to a prospective or existing client or employer his/her qualifications and the scope of his/her responsibility in connection with work for which he/she is claiming credit.
(iii) If, in the course of his/her work on a project, a licensed architect or landscape architect becomes aware of a decision taken by his/her employer or client, against such licensed architect's or landscape architect's advice, which violates applicable state or municipal building laws and regulations and which will, in the licensed architect's or landscape architect's judgement, materially and adversely affect the safety to the public of the finished project, the licensed architect or landscape architect shall:
(A) report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations; and
(B) refuse to consent to the decision; and
(C) in circumstances where the licensed architect or landscape architect reasonably believes that other such decisions will be taken, not with standing his/her objection, terminate his/her services with respect to the project. In the case of a termination in accordance with this sub-section (iii), the licensed architect or landscape architect shall have no liability to his/her client or employer on account of such termination.
(iv) A licensed architect or landscape architect shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with his/her application for licensure or renewal thereof.
(v) A licensed architect or landscape architect shall not assist the application for licensure of an individual known by the licensed architect or landscape architect to be unqualified in respect to education, training, experience or character.
(vi) A licensed architect or landscape architect possessing knowledge of a violation of the provisions set forth in Chapter XI, Section 2(f) by another licensed architect or landscape architect shall report such knowledge to the Board.
(i) A licensed architect or landscape architect shall not, in the conduct of his/her practice, knowingly violate any state or federal criminal law.
(ii) A licensed architect or landscape architect shall neither offer nor make any payment of gift to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the licensed architect or landscape architect is interested.
(iii) A licensed architect or landscape architect shall comply with the laws and regulations governing his/her professional practice in any United States jurisdiction.
(i) Each office in Wyoming maintained for the practice of architecture or landscape architecture shall have a licensed architect or landscape architect resident and regularly employed in that office having direct supervision of such work.
(ii) A licensed architect or landscape architect shall not sign or seal drawings, specifications, reports or other professional work which was not prepared under his/her direct supervision; provided, however, that in the case of the portions of such work prepared under the direct supervision of person consulting with or employed by the architect or landscape architect and who are licensed under this or another professional licensure law of this state, the architect or landscape architect may sign or seal those portions of the professional work if the architect or landscape architect has reviewed such portions and has coordinated their preparation.
(iii) A licensed architect or landscape architect shall neither offer nor make any gifts of nominal value (including, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the licensed architect or landscape architect is interested.
(iv) A licensed architect or landscape architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.
(f) Designing and Use of Architect’s or Landscape Architect’s Seal.
(i) Pursuant to W.S. 33-4-101 through 33-4-117 and subject to Chapter IX, Section 9 and Chapter XI, Section 2(e)(ii), each licensed architect and landscape architect shall procure a circular seal, no more than one and three quarters (1.75) inches in diameter, which shall contain the name of the licensed architect or landscape architect; his/her license number, the word “Date:”, and the words “LICENSED ARCHITECT-STATE OF WYOMING” or “LICENSED LANDSCAPE ARCHITECT-STATE OF WYOMING”. This seal shall comply in all respects, including size and format, with the specimens show below:
The seal design adopted by the Board in the Rules and Regulations dated June 18, 1992 will be accepted for persons licensed prior to the adoption of these rules.
(ii) As required by W.S. 33-4-101 through 33-4-117, the seal shall be imprinted on all technical submissions, as follows: On each final design and each final drawing; on the cover, title or index pages of each set of specifications; and on the cover or index page of all other technical submissions. The original signature of the individual named on the seal shall appear across the face of each original seal imprint, along with the date of signing. Digital seals and signatures are acceptable; however, it is the responsibility of the licensee to provide adequate security when documents with digital seals are distributed.
(iii) The seal appearing on any technical submission shall be prima facie evidence that said technical submission was prepared by or under the responsible control of the individual named on said seal only if the seal has been signed and dated.