1998 Regular Session
To: Business and Financial Institutions
By: Senator(s) Frazier
Senate Bill 2877
AN ACT TO AMEND SECTIONS 73-1-13 AND 73-1-21, MISSISSIPPI CODE OF 1972, TO REVISE THE EXAMINATION AND REGISTRATION REQUIREMENTS OF RESIDENT AND NONRESIDENT ARCHITECTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-1-13, Mississippi Code of 1972, is amended as follows:
73-1-13. (1) The board shall adopt rules and regulations for the eligibility, examination and registration of applicants desiring to practice architecture in accordance with this chapter and may amend, modify or repeal such rules and regulations.
The board shall receive applications for registration as an architect only on forms prescribed and furnished by the board and upon receipt of such application may approve such applicant, providing such applicant meets the following requirements:
(a) Graduation after a course of study of such length as the board shall by regulation determine from a school or college of architecture accredited by the National Architectural Accrediting Board, hereinafter referred to as "NAAB," and an additional period of practical experience in architectural work under the control and supervision of a registered architect or architects as the board by regulation shall deem appropriate; or
(b) Acceptable combinations of education and apprenticeship as may be established by the board; provided further, that such acceptable combinations of education and apprenticeship shall comply with the standards of education, training and character as set forth in Appendix "A" in the 1983 NCARB Circular of Information Number 1. Applicants for examination who meet the aforementioned qualifications must submit notice of intent to sit for an examination before December 30, 1987, by a registration authority recognized by the board. After such time the only qualification for examination acceptable to the board will be graduation from a NAAB accredited school or college and an additional period of practical experience.
(c) The applicant must have passed the applicable National Council of Architectural Registration Board's examination;
(d) The applicant must have satisfied the board as to the applicant's good standing in the profession and his moral character. Any of the following acts shall preclude an applicant's eligibility as a candidate for registration:
(i) Conviction by any court for commission of any felony or any crime involving moral turpitude;
(ii) Conviction by any court of a misdemeanor involving fraud, deceit or misrepresentation;
(iii) Misstatement or misrepresentation of fact by the applicant in connection with the applicant's application for registration in this state or another jurisdiction;
(iv) Violation of any of the rules of conduct required of applicants or architects as adopted by board;
(v) Practicing architecture, or holding himself out as capable of practicing architecture, in this state in violation of the chapter.
The board may admit an applicant otherwise precluded from consideration because of the prohibitions imposed in this paragraph (d) if the board determines that the applicant has shown clear and convincing evidence of rehabilitation and reform. Such decision is in the sole discretion of the board and upon such terms, conditions and evidence as the board may require.
Additionally, notwithstanding the provisions of paragraph (b) of this subsection, if the applicant can provide sufficient and satisfactory evidence that he is unable to obtain the intern-architect development program certification, the board may accept in lieu thereof certification by the applicant that he has completed not less than three (3) continuous years of actual engagement in architectural work in the office or offices of a licensed architect or architects. Such certification shall be on such terms, conditions and requirements as the board may establish.
(2) The board may require that the applicant appear before the board for a personal interview.
SECTION 2. Section 73-1-21, Mississippi Code of 1972, is amended as follows:
73-1-21. Any architect residing outside this state may obtain a certificate to practice in the State of Mississippi by complying with Section 73-1-13, and by paying the fees prescribed by the rules of the board; provided, however, no such nonresident applicant shall receive a certificate to practice in this state unless the applicant furnishes evidence satisfactory to the board that the applicant holds a current and valid registration issued by a registration authority recognized by the board, holds a National Council of Architectural Registration Board's certificate, has never been restrained from practicing architecture, and has never had a certificate or license revoked. Each nonresident applicant shall submit, as a part of the application, a sworn affidavit stating that neither such applicant nor any person in, or agent of, the applicant's firm has practiced, is practicing or has solicited architectural work in this state prior to the applicant having been licensed by the board unless such person or agent holds a license to practice architecture in this state. Failure to submit this affidavit is just cause for disapproval of the application. Every applicant for reciprocity registration shall comply fully with the requirements for resident applicants * * *. The board shall have the further right to exercise its discretion as to whether such nonresident architect shall be issued such certificate to practice.
SECTION 3. This act shall take effect and be in force from and after July 1, 1998.