Wyoming Administrative Rules 012 — Architects and Landscape Architects, Board of

263 Architects and Landscape Architects, Board of

Chapter 1 General Provisions

Wyo. Code R. 012.0001.1.12172025 § 1 Authority

The Board is authorized under Wyoming Statute 33-4-104(a) and the WAPA to promulgate rules and regulations related to the licensure and discipline of architects and landscape architects and the practice of architecture and landscape architecture in Wyoming.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.1.12172025 § 2 Definitions

(a) "Applicant" means an individual who has submitted an application for licensure to the Board.

(b) "AIA" means the American Institute of Architects.

(c) "ARC" means the Application Review Committee.

(d) "ARE" means the Architect Registration Examination prepared by NCARB.

(e) "ASLA" means the American Society of Landscape Architects.

(f) "AXP" means the Architectural Experience Program administered by NCARB, formerly called the Intern Development Program.

(g) "Board Rules" means the administrative rules promulgated by the Board.

(h) "CEH" means continuing education hour.

(i) "CLARB" means the Council of Landscape Architectural Registration Boards.

(j) "EESA" means Educational Evaluation Services for Architects, a program administered by the National Architectural Accrediting Board.

(k) "Examination" means the ARE or LARE.

(l) "HSW" means health, safety, and welfare.

(m) "IC" means Investigative Committee.

(n) "LAAB" means the Landscape Architectural Accreditation Board.

(o) "LARE" means the Landscape Architect Registration Examination prepared by CLARB.

(p) "Licensee" means an architect or landscape architect licensed by the Board.

(q) "NAAB" means the National Architectural Accrediting Board.

(r) "NCARB" means the National Council of Architectural Registration Boards.

(s) "Practical Experience" means experience ­that demonstrates an essential understanding of the practice of architecture or landscape architecture.

(t) "Principal" means a licensed architect or landscape architect who is in charge of an organization's architectural or landscape architectural practice respectively, either alone or with other licensed architects or landscape architects.

(u) "Responsible control" means that amount of control over and detailed knowledge of the content of technical submissions during the preparation as is ordinarily exercised by licensed architects and landscape architects applying the required professional standard of care.

(v) "Technical submission" means designs, drawings, specifications, studies, and other technical reports prepared or presented in the course of practicing architecture or landscape architecture.

(w) "WAPA" means Wyoming Administrative Procedure Act, W.S. 16-3-101 through -115.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.1.12172025 § 3 Reference by Incorporation

The Board hereby incorporates by reference the following rules:

(a) Each rule and code incorporated by reference is further identified as follows:

(i) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, available on the Board's website at http://architects.wyo.gov/rules.

(ii) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, available on the Board's website at http://architects.wyo.gov/rules.

(iii) For Architects, NCARBs Rules of Conduct adopted by the Board and effective on July 2023, found at http://architects.wyo.gov/rules.

(iv) For Landscape Architects, Canon 1. Professional Responsibility of ASLAs Code of Professional Ethics adopted by the Board and effective on May 4, 2019, found at http://architects.wyo.gov/rules.

(b) For these rules incorporated by reference:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Board Office and are available for public inspection and copying at cost at the same location.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.1.12172025 § 4 Public Records Inspection

Public records inspections shall be conducted pursuant to the Department of Administration and Information's rules concerning public records.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.1.12172025 § 5 Change of Name, Address, or Telephone Number

Each applicant and licensee shall notify the Board in writing of any change to his or her legal name, home address, business address, e-mail address, or telephone number within thirty (30) days of the change.

History

• Effective 2025-12-17

Chapter 3 Licensure Requirements

Wyo. Code R. 012.0001.3.12172025 § 1 Authority

The Board is authorized under Wyoming Statute 33-4-104(a), 33-4-105(e), and the WAPA to promulgate rules and regulations related to the application and licensure procedures to practice architecture and landscape architecture in Wyoming.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.3.12172025 § 2 Licensure Standards for Architects

To be granted licensure in addition to the requirements set forth in W.S. 33-4-101 through -117, an applicant shall:

(a) Complete the education and experience requirements in accordance with NCARB standards; and

(b) Have passed the ARE.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.3.12172025 § 3 Licensure Standards for Landscape Architects

To be granted licensure in addition to the requirements set forth in W.S. 33-4-101 through -117, an applicant shall:

(a) Document eight (8) years of experience in the practice of landscape architecture. This experience may be obtained in a combination of education and work experience as outlined below:

Degree

Years of Education Experience Achieved

Years of Work Experience Required

Total

LAAB or Landscape Architecture Accreditation Council Accredited Bachelor's or Master's Degree in Landscape Architecture

6

2

8

Non-Accredited Bachelor's Degree in Landscape Architecture

4

4

8

2-Year Non-Accredited Master's Degree in Landscape Architecture

2

6

8

2-Year Certificate in Landscape Architecture

2

6

8

Other Bachelor's Degree

2

6

8

Other 2-Year Master's Degree

1

7

8

2-Year Associate Degree

1

7

8

2-Year Certificate

1

7

8

No Secondary Degree

0

8

8

(i) Work experience must be obtained in the regulated practice of landscape architecture under the direct supervision of a licensed landscape architect, licensed architect, licensed civil engineer, or credentialed planner. Work experience must involve the planning, design, management and nurturing of the built and natural environments.

(ii) Full-time experience is defined as at least 35 hours per week for at least two (2) consecutive months. Part-time experience is defined as 20 to 34 hours per week for at least four (4) consecutive months. One hundred percent of full-time experience is credited toward the education and experience requirement. Six (6) months for every one (1) year of part-time experience is credited toward the education and experience requirement. Experience earned in employment consisting of fewer than 20 hours per week does not count toward the education and experience requirement.

(b) Have passed the LARE.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.3.12172025 § 4 Application Status

(a) For applicants seeking licensure, all requirements shall be met during the timeframe identified immediately prior to submitting a completed application.

(b) Applications shall be deemed "complete" when all necessary documentation has been received by the Board Office.

(c) Applications shall expire one (1) year after submission. If an application expires, an applicant shall submit a new application, including payment of fee.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.3.12172025 § 5 Licensure by Examination

(a) Eligibility. An applicant may seek licensure by examination if the applicant is not licensed to practice in another jurisdiction or if the applicant fails to meet other licensure methods.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application; and

(ii) Request transmittal of their NCARB or CLARB record documenting completion of the education, examination, and experience criteria identified in Section 2 or 3, as applicable.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.3.12172025 § 6 Reciprocal Licensure

(a) Eligibility. An applicant may seek licensure by reciprocity if the applicant is licensed to practice in another jurisdiction.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fees; and

(ii) Submit evidence of competency identified in Section 2 or 3 by requesting:

(A) Transmittal of an NCARB or CLARB certificate; or

(B) Verification of their active license in another jurisdiction with licensure requirements substantially similar to Wyoming.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.3.12172025 § 7 License Classification

Three types of license classifications are used to denote the method by which the applicant obtains licensure:

(a) Type A License, Licensure by Prior Practice (or grandfathering):

(i) For Architects type A licenses were issued to those qualified applicants upon passage of the initial licensing act in the year 1951. No further type A licenses will be issued.

(ii) For Landscape Architects type A licenses were issued to those qualified applicants upon passage of the revised licensing act in the year 1992. No further type A licenses will be issued.

(b) Type B License, Licensure by Examination: Type B licenses shall be issued to applicants granted a license by examination.

(c) Type C License, Licensure by Reciprocity: Type C licenses shall be issued to applicants granted a license by reciprocity.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.3.12172025 § 8 Reinstatement

(a) Eligibility. An applicant may seek to have his or her license reinstated if the applicant's Wyoming license has been revoked, surrendered, suspended, conditioned, or restricted and no longer holds a license.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit evidence of complying with the requirements of a previous Board order, if applicable;

(iii) Submit evidence of applicant's ability to safely and competently practice; and

(iv) Submit evidence demonstrating just cause for reinstatement.

History

• Effective 2025-12-17

Chapter 8 Renewal and Continuing Licensure

Wyo. Code R. 012.0001.8.04052023 § 1 Authority

The Board is authorized under Wyoming Statute 33-4-107 and the WAPA to promulgate rules and regulations related to the continuing licensure of architects and landscape architects.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 2 Issue and Renewal

The initial license shall expire on December 31st of the year following the year of issue. Thereafter, each license shall expire on December 31st every two (2) years.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 3 Requirements for License Renewal

Each licensee shall have acquired twenty-four (24) CEHs during the twenty-four (24) month period prior to the license expiration date. Licensees who have not held a license in Wyoming for a full twenty-four (24) month period shall have acquired a prorated number of CEHs for the time frame in which they have held a Wyoming license.

(a) All twenty-four (24) CEHs shall be in HSW subjects.

(b) CEHs may be acquired in any jurisdiction.

(c) CEHs earned in excess of the twenty-four (24) required for renewal may not be carried forward to apply toward the next renewal period.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 4 Health, Safety and Welfare (HSW) Subjects

(a) HSW subjects include technical and professional subjects related to the practice of architecture or landscape architecture that the Board deems appropriate to safeguard the public and that are within the following continuing education subject areas necessary for the proper evaluation, design, and construction of architecture and landscape architecture projects:

(i) Practice Management: This category focuses on areas related to the management of architectural and landscape architectural practice and the details of running a business.

(ii) Project Management: This category focuses on areas related to the management of architectural and landscape architectural projects through execution.

(iii) Programming and Analysis: This category focuses on areas related to the evaluation of project requirements, constraints, and opportunities.

(iv) Project Planning and Design: This category focuses on areas related to the preliminary design of sites and buildings.

(v) Project Development and Documentation: For the purpose of architecture, this category focuses on areas related to the integration and documentation of building systems, material selection, and material assemblies into a project. For the purpose of landscape architecture, this category focuses on areas related to the integration and documentation of site development, material selection, and material assemblies into a project.

(vi) Construction and Evaluation: This category focuses on areas related to construction contract administration and post-occupancy evaluation of projects.

(b) All courses are subject to auditing and the Board may disapprove any course not meeting the intended continuing education criteria for HSW subjects.

(c) To qualify for CEH credit, the course must be a structured educational activity meeting the following criteria:

(i) Include technical and practical applications that impact public HSW;

(ii) Maintain, improve, expand, or enhance the quality of the existing technical knowledge;

(iii) Fill voids that may exist in the professional education and internship training or develop new and relevant professional skills and knowledge;

(iv) Have clear purposes and objectives;

(v) Be presented by persons who are qualified by education or experience in the field being taught; and

(vi) Provide the participant documentation for individual record keeping and reporting.

(d) HSW subject content acceptable for CEH includes the following:

(i) Codes, laws, and regulations;

(ii) Environmental issues;

(iii) Programming, planning, or design proficiency;

(iv) Legal aspects of contracts, documents, insurance, bonds, project administration, etc. This does not include business practice or money management;

(v) Construction means, methods, products, and materials;

(vi) Construction documents and services. This does not include technical training such as CAD classes;

(vii) Project administration;

(viii) Professional ethics;

(ix) Safety issues; and

(x) Accessibility.

(e) Additional HSW subject content acceptable for landscape architectural CEH includes the following:

(i) Planning, engineering, horticulture, construction contracting, and related disciplines;

(ii) Irrigation system design; and

(iii) Grading and drainage.

(f) Additional HSW subject content acceptable for architectural CEH includes the following:

(i) Planning, engineering, interior design, construction contracting, and related disciplines; and

(ii) Building system evaluation and selection.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 5 Continuing Education Hour (CEH)

One (1) CEH consists of not less than fifty (50) minutes of actual instruction or presentation, spent in structured educational activities intended to increase the licensee's knowledge and competence in HSW subjects. CEHs will be awarded only for that portion of the activity that meets the definition of a HSW subject.

(a) The following types of activities have been deemed by the Board to be acceptable CEH activities:

(i) Subjects for design professionals sponsored by organizations such as CLARB, NCARB, AIA, and ASLA.

(ii) Courses of study taught in person or by correspondence, organized lectures, presentations, or workshops.

(iii) University or college courses. One (1) Semester credit hour may be counted for a maximum of fifteen (15) CEHs. One (1) Quarter credit hour may be counted for a maximum of ten (10) CEHs.

(iv) Writing articles or papers that have been published in peer-reviewed publications, publishing a book, or writing a CEH course on architectural or landscape architectural subject matters. Up to a maximum of eight (8) CEHs are allowed per renewal biennium.

(b) The following types of activities are unacceptable CEH activities:

(i) Serving on federal, state or municipal boards or commissions as a design professional;

(ii) Rendering pro bono services; and

(iii) Participation on a public board.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 6 Reporting and Recordkeeping

(a) CEHs shall be reported and documented at the time of renewal and in the manner prescribed upon the license renewal form provided by the Board.

(b) Copies of certificates of attendance, letters certifying attendance, transcripts, or any official documents that serve as proof of participation or attendance are acceptable documents for evidence of compliance.

(c) Evidence of compliance shall contain the following information:

(i) Participant's name;

(ii) Sponsor name and address;

(iii) Activity type;

(iv) Course location and date given;

(v) Course title and brief description of content;

(vi) Instructor or speaker name;

(vii) Monitor signature;

(viii) Number of CEHs; and

(ix) A declaration that the CEHs are considered HSW.

(d) The licensee shall maintain evidence of CEH compliance for at least two (2) years after the renewal period in which the course was applied.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 7 Reciprocity

. A licensee who holds a current license in good standing in another jurisdiction may verify compliance with Wyoming's CEH requirements by providing a copy of their most current renewal card in that jurisdiction provided:

(a) The jurisdiction requires a minimum twenty-four (24) CEHs in HSW subjects per biennium; and

(b) The licensee has renewed the license in that jurisdiction within one (1) year of renewing their Wyoming license.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 8 Exemptions

A licensee shall not be subject to the requirement for CEHs during the current renewal period if:

(a) The licensee experiences physical disability, illness, or other extenuating circumstance exceeding one hundred and eighty (180) consecutive days causing them to suspend all professional activities during that time. The licensee shall provide supporting documentation from a third party acceptable to the Board. The exemption shall be for a maximum of twelve (12) CEHs for each calendar year that the licensee experiences such circumstances;

(b) The licensee was initially issued their Wyoming license by examination within the twenty-four (24) months immediately preceding the license expiration date; or

(c) The licensee requests and remains in retired status.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 9 Audits

(a) CEHs may be audited by the Board for verification of compliance with these requirements.

(b) If the Board disallows any CEHs, the licensee shall have thirty (30) days from notice of such disallowance to:

(i) Provide evidence that the disallowed CEHs meet the criteria established by these rules;

(ii) Provide documentation of having acquired additional CEHs during the required time frame; or

(iii) Cure the disallowance by acquiring the required number of CEHs.

(A) Any CEH activity completed past the renewal date to cure a disallowance may not be reported on subsequent applications for license renewal.

(B) If a licensee fails to complete the required number of CEHs, the licensee shall be subject to disciplinary action.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 10 Reissuance

Any license allowed to expire may be reissued by the Board within three (3) years of the date expired. The Board shall require:

(a) A complete application for reissuance and application fee; and

(b) Verification that the applicant has completed twenty-four (24) CEH's in HSW courses within the twenty-four (24) months immediately preceding the date the complete application for reissuance was received by the Board.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 11 Retired Status

In order to be eligible for retired status, the Wyoming licensee shall:

(a) Have held a valid license as an architect or landscape architect in any jurisdiction for at least ten (10) consecutive years.

(b) Notify the Board, in writing prior to or at renewal, that they have retired and are not practicing, and will not practice, architecture or landscape architecture in any jurisdiction.

(c) The retired license shall expire and be renewable on the same two (2) year cycle as an original Wyoming active license.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.8.04052023 § 12 Reactivation of a Retired Status License

Any license in retired status may be reactivated by the Board. The Board shall require:

(a) A complete application for reactivation and application fee; and

(b) Verification that the licensee has completed twenty-four (24) CEH's in HSW courses within the twenty-four (24) months immediately preceding the date the complete application for reactivation was received by the Board.

History

• Effective 2023-04-05

Chapter 9 Seal Specifications and Use

Wyo. Code R. 012.0001.9.12172025 § 1 Authority

The Board is authorized under Wyoming Statute 33-4-104(a) and the WAPA to promulgate rules and regulations related to the adoption of a seal.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.9.12172025 § 2 Design of the Seal

(a) Each licensed architect and landscape architect's seal shall be no less than 1½"and no more than 2" in diameter. It shall contain the name of the licensed architect or landscape architect; his or her license number, the word "Date:", and the words "LICENSED ARCHITECT-STATE OF WYOMING" or "LICENSED LANDSCAPE ARCHITECT-STATE OF WYOMING" as appropriate. This seal shall approximate the format shown below:

(i) The seal design adopted by the Board in the Rules and Regulations dated December 19, 2011, as it appears below, will be accepted for persons licensed prior to the effective date of these rules.

(ii) The seal design adopted by the Board in the Rules and Regulations dated April 27, 2001, as it appears below, will be accepted for persons licensed prior to the effective date of these rules.

(iii) The seal design adopted by the Board in the Rules and Regulations dated June 18, 1992, as it appears below, will be accepted for persons licensed prior to April 27, 2001.

(b) The format of the seal may be a rubber stamp, an embosser, or a digital image.

(c) Each licensee is responsible for procuring their own seal.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.9.12172025 § 3 Use of the Seal

(a) The seal used by a licensee shall be legible, whether an embossing, computer generated, or other type of seal.

(b) The responsible licensee shall identify all work that they have prepared, as well as all work that has been prepared under their direct supervision, by applying their seal to each sheet of original drawings.

(c) Documents shall include both (1) the name, and (2) either the address or location of the project, and shall be sealed on the title page or the first page of the document by the licensee responsible for the work.

(d) All technical documents, such as building permit submissions, construction documents, and specifications prepared by a licensee must be stamped and signed with their seal. Original or electronically generated seals and signatures are acceptable under this rule.

(e) No seal shall be valid unless signed across the face of the seal with the licensee's name and the date on which the material was signed.

(f) Documents clearly marked as "Draft" prepared for preliminary submission and review do not require the professional's seal, signature, and date, including documents prepared for a client or governmental agency, unless otherwise required by that entity.

(g) Licensees are responsible for providing adequate security over their seal and signature wherever it appears, regardless of whether the seal and signature is produced electronically or by other means.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.9.12172025 § 4 Record and as-built drawings

After-the-fact ratification by the sealing of documents, when the underlying work was not performed by or under the responsible charge and supervision of the licensee, is prohibited unless a thorough technical review is done.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.9.12172025 § 5 Projects Based on Previously Sealed Project Documents

(a) Design documents prepared for projects that are designed by other licensees may be used for the construction of the project in Wyoming if reviewed, revised as appropriate, and sealed by a licensee under the following circumstances:

(i) The original licensees provide written consent for the adaptation of the documents or, if such permission cannot reasonably be obtained, the licensee seeking to adapt the documents provides a written explanation to the owner(s) of the project regarding the circumstances that prevent such permission from being obtained;

(ii) The documents include appropriate revisions relating to site and local climate considerations;

(ii) The documents are reviewed for zoning and code compliance, and revised as necessary;

(iii) The licensee accepts full responsibility of the revised documents; and

(iv) The seal of a coordinating professional is applied, if required.

History

• Effective 2025-12-17

Wyo. Code R. 012.0001.9.12172025 § 6 Direct Supervision of Work

(a) In order to exercise full professional knowledge of and control over work, a licensee in direct supervision of architectural or landscape architectural work shall:

(i) Have and exercise the authority to review and to change, reject, or approve both the work in progress and the final work product, through a continuous process of examination, evaluation, communication, and direction throughout the development of the work;

(ii) Be personally aware of the project's scope, needs, parameters, limitations, and special requirements;

(iii) Be capable of answering questions relevant to the architectural or landscape architectural decisions made as part of the services provided, in sufficient detail to demonstrate reasonable knowledge of and proficiency in the work; and

(iv) Be reasonably satisfied with the product of the services rendered and accept full responsibility for the work.

(b) The Board has final authority regarding the determination of whether technical documents were actually prepared under the direct supervision of a licensee.

History

• Effective 2025-12-17

Chapter 10 Professional Conduct and Grounds for Action

Wyo. Code R. 012.0001.10.04152021 § 1 Authority

The Board is authorized under Wyoming Statute 33-4-115 and the WAPA to promulgate rules and regulations related to the standards of the practice of architecture and landscape architecture.

History

• Effective 2021-04-15

Wyo. Code R. 012.0001.10.04152021 § 2 Grounds

In addition to the acts enumerated in W.S. 33-4-115, any violation of the rules of professional conduct in this Chapter or any violation of the incorporated codes of conduct and codes of professional ethics are grounds for discipline as allowed in this Act.

History

• Effective 2021-04-15

Wyo. Code R. 012.0001.10.04152021 § 3 Rules of Professional Conduct

The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of persons whose activities are regulated by the Board.

(a) In addition to the conduct outlined below, architects shall adhere to the NCARB Rules of Conduct and landscape architects shall adhere to ASLA Code of Professional Ethics as adopted by reference in Chapter 1.

(b) 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 that are ordinarily applied by licensed architects or landscape architects of good standing practicing in the same locality.

(ii) In designing a project, a licensee shall take into account all applicable state and municipal building laws and regulations. While a licensee 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 licensee shall not knowingly design a project in violation of such laws and regulations.

(iii) A licensee shall undertake to perform professional services only when he or she, together with those whom the licensee 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.

(c) Conflict of Interest.

(i) A licensee shall not accept compensation for his or her services from more than one (1) party on a project unless the circumstances are fully disclosed and agreed to by all interested parties. The disclosure and agreement shall be in writing.

(ii) If a licensee has any business association or direct or indirect financial interest substantial enough to influence his or her judgment in connection with his or her performance of professional services, the licensee shall fully disclose, in writing, to his or 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 licensee shall either terminate such association or interest or offer to give up the commission or employment.

(iii) A licensee 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 licensee shall render decisions impartially, favoring neither party to the contract.

(v) A licensee in a position of public trust shall not use this position to influence any public employees or the general public. Nor should any personal knowledge of confidential information gained through such service be used for personal or professional gain.

(d) Full Disclosure.

(i) A licensee, making public statements on architectural or landscape architectural questions, shall disclose when he or she is being compensated for making such statements.

(ii) A licensee shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit.

(iii) If, in the course of his or her work on a project, a licensee becomes aware of a decision taken by his or her employer or client, against such licensee's advice, which violates applicable state or municipal building laws and regulations and which will, in the licensee's judgment materially and adversely affect the safety to the public of the finished project, the licensee 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;

(B) Refuse to consent to the decision; and

(C) In circumstances where the licensee reasonably believes that other such decisions will be taken, not withstanding his or her objection, terminate his or her services with respect to the project. In the case of a termination in accordance with this sub-section (C), the licensee shall have no liability to his or her client or employer on account of such termination.

(iv) A licensee shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with his or her application for licensure or renewal thereof.

(v) A licensee shall not assist the application for licensure of an individual known by the licensee to be unqualified in respect to education, training, experience or character.

(vi) A licensee possessing knowledge of a violation of the provisions set forth in the Act and these Rules by another licensee shall report such knowledge to the Board.

(e) Compliance with Laws.

(i) A licensee shall not, in the conduct of his or her practice, knowingly violate any state or federal criminal law.

(ii) A licensee 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 licensee is interested.

(iii) A licensee shall comply with the laws and regulations governing his or her professional practice in any United States jurisdiction.

(f) Professional Conduct.

(i) A licensee shall prefer the client's interest over the licensee's interests and, when the issues are clear, the public's interest over both.

(ii) A licensee shall not sign or seal drawings, specifications, reports, or other professional work that were not prepared under his or her responsible control. When the licensee uses a licensed consultant or licensed employee, the licensee may sign or seal those portions of the professional work if the licensee has reviewed and coordinated their preparation.

(iii) A licensee 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 licensee is interested.

(iv) A licensee shall not engage in conduct involving fraud or wanton disregard of the rights of others.

History

• Effective 2021-04-15

Chapter 12 Fees

Wyo. Code R. 012.0001.12.04152021 § 1 Authority

The Board is authorized under Wyoming Statute 33-4-107 and the WAPA to establish fees related to the licensure of architects and landscape architects.

History

• Effective 2021-04-15

Wyo. Code R. 012.0001.12.04152021 § 2 Fees

(a) Fees shall be transmitted in U.S. funds. Applications not accompanied by the proper fee will be returned to the applicant. All fees are non-refundable regardless of the outcome of the Board's decision.

(b) The fee schedule for licensure is as follows:

(i) License Application

(A) By Examination No fee

(B) By NCARB or CLARB Reciprocity $175.00

(C) By State Reciprocity $300.00

(D) Reissuance of an expired license $375.00

(E) Reactivation of a retired license $375.00

(F) Reinstatement $375.00

(ii) Paper License Renewal $150.00

(iii) Online License Renewal $125.00

(iv) Retired Status License Renewal No fee

(v) Duplicate Wall Certificates $25.00 each

(vi) Non-sufficient funds fee $30.00

History

• Effective 2021-04-15

Chapter 13 Practice and Procedures for Applications

Wyo. Code R. 012.0001.13.04052023 § 1 Authority

. The Board promulgates these rules according to authority granted by Wyoming Statute 33-4-115 and 16-3-103(j)(i).

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.13.04052023 § 2 Application Review

.

(a) Assigning Application Review Committee (ARC).

(i) Board staff shall review all applications for a license.

(ii) When Board staff determines that there may be grounds to deny a license or approve a license subject to discipline or restrictions, Board staff shall refer the application to an ARC.

(b) The ARC shall investigate the application, which may include requesting additional information, meeting with the applicant, or any other action the ARC deems appropriate.

(c) The ARC may recommend that the Board:

(i) Issue, renew, relicense, or reinstate a license;

(ii) Issue, renew, relicense, or reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action;

(iii) Approve a settlement agreement; or

(iv) Deny the application.

(d) Notice of Intent.

(i) If the ARC intends to recommend that the Board deny an application or issue a license subject to other disciplinary action, the ARC shall notify the applicant of its recommendation.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct that the ARC alleges warrant denying the license or issuing the license subject to disciplinary action;

(B) Citations to the applicable statutory provisions or Board rules that the ARC alleges the applicant violated; and

(C) Notice that an applicant may request a hearing before the Board in writing within thirty (30) days from the date of mailing.

(e) The applicant shall have thirty (30) days from the date the ARC mailed the Notice of Intent to respond. The applicant may:

(i) Request that the Board hold a hearing on the ARC's recommendation;

(ii) Request that the Board table consideration of the application; or

(iii) Withdraw the application.

(f) If an applicant fails to timely respond to the Notice of Intent, the Board may accept the ARC's recommendation.

(g) There shall be a presumption of lawful service of any communication required by these rules if sent by U.S. mail to the address stated on the application or, if applicable, an updated address later provided by the applicant.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.13.04052023 § 3 Hearing Procedure

(a) Upon receiving a written request for a hearing from an applicant, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing on the applicant at least thirty (30) days before the hearing. The Notice of Hearing shall contain:

(i) A brief statement of the matters asserted, including:

(A) The ARC's recommendation;

(B) The facts upon which the recommendation is based; and

(C) The statutory provisions or Board rules the applicant is alleged to have violated or failed to meet to qualify for licensure.

(ii) The time, place, and nature of the hearing;

(iii) The legal authority and jurisdiction of the Board; and

(iv) Notice of the burden and standard of proof.

(b) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.

(c) The applicant shall bear the burden to prove by a preponderance of the evidence that he or she meets the qualifications for licensure. The burden of production shall shift to the ARC to prove by clear and convincing evidence that the applicant should not be granted an unrestricted license or license subject to discipline. The burden of production then shifts to the applicant to demonstrate that the ARC's grounds for denial or issuance of a license subject to conditions or restrictions are insufficient and that the applicant is entitled to licensure.

(d) The Board may resolve an application matter by:

(i) Adopting the ARC's recommendation without a hearing if the applicant did not request a hearing;

(ii) Resolving a dispositive motion in either party's favor;

(iii) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may:

(A) Issue, renew, relicense, or reinstate a license;

(B) Issue, renew, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;

(C) Deny a license, renewal, reactivation, or reinstatement;

(e) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the applicant and the applicant's attorney or representative, if any.

(i) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(ii) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

• Effective 2023-04-05

Chapter 14 Practice and Procedures for Discipline Matters

Wyo. Code R. 012.0001.14.04052023 § 1 Authority

The Board promulgates these rules according to authority granted by Wyoming Statute 33-4-115 and 16-3-103(j)(i).

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.14.04052023 § 2 Grounds for Discipline

The Board may take disciplinary action for the following:

(a) Licensee violating the Board's practice act or rules; or

(b) Licensee violating a Board order.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.14.04052023 § 3 Complaint Review and Disciplinary Investigation

(a) Complaints that a licensee has violated the Board's practice act or the Board's rules shall be submitted to the Board's office. Board staff may initiate complaints.

(b) After receiving a complaint or initiating a complaint, Board staff shall assign the complaint to an Investigation Committee (IC) for investigation.

(c) After reviewing and investigating the complaint, the IC may recommend that the Board:

(i) Dismiss the complaint;

(ii) Summarily suspend a license;

(iii) Approve a settlement agreement; or

(iv) Discipline the licensee, including revocation, suspension, restriction, condition, or reprimand.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.14.04052023 § 4 Summary Suspension

(a) An IC may recommend that the Board summarily suspend a license at any time when the IC or Board staff believes that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain:

(i) A copy of the complaint, if any;

(ii) A description of the grounds for the summary suspension recommendation; and

(iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled.

(c) When the date and time of the summary suspension hearing is set, the Board staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses.

(d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf.

(e) Hearing Format.

(i) The IC shall describe the allegations that it believes warrant emergency action against the licensee.

(ii) The IC shall present information that demonstrates probable cause that the allegations are true.

(iii) The IC shall explain why the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare.

(iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, the licensee's continued practice does not imperatively require emergency action to protect the public health, safety, or welfare.

(f) The Board may order summary suspension if it concludes that probable cause exists that the allegations are true and that the licensee's continued practice imperatively requires emergency action to protect the public health, safety, or welfare. The Board shall incorporate a finding to that effect in its order granting summary suspension.

(g) No summary suspension shall be effective until the Board has adopted a written order incorporating the reasons justifying its decision.

(h) The Board shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Board shall send the order to the licensee by U.S. mail and by email.

(i) Post-Deprivation Hearing.

(i) A licensee may request a post-deprivation hearing within ten (10) days from the date the summary suspension order is entered.

(ii) If a licensee requests a post-deprivation hearing, the Board shall conduct it within thirty (30) days of the licensee's request and notify the licensee of the date, time, and location of the hearing.

(iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Board at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Board shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare.

(j) Unless earlier terminated by the Board or a petition for discipline is filed under Section 6 of this chapter, summary suspensions shall lapse one hundred eighty (180) days after the written order granting summary suspension is entered under subsection (h) of this section.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.14.04052023 § 5 Surrender in Lieu of Discipline and Licenses Issued in Error

(a) A licensee may petition the Board, in writing, to voluntarily surrender a license in lieu of discipline.

(i) The IC shall recommend that the Board approve or deny the petition.

(ii) The Board may approve or deny the petition.

(b) If Board staff has reason to believe that a license has been issued despite an applicant not meeting licensure requirements and:

(i) If Board Staff has issued the license and the Board has not ratified its issuance, the license shall be rescinded and the matter shall be referred to an ARC.

(ii) If Board Staff has issued the license and the Board has ratified its issuance, the matter shall be referred to an IC.

(A) The IC may petition the Board to revoke the license or impose practice restrictions according to the procedures outlined in Section 6 of this chapter and may seek summary suspension.

(B) A revocation solely for the reasons specified this subsection shall not be considered license discipline. Nothing in this subsection prohibits discipline or application denial for a licensee's conduct.

(C) A licensee may surrender the license at issue under this provision in lieu of a hearing before the Board without Board approval.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.14.04052023 § 6 Hearing Procedure

(a) There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these rules if sent by U.S. mail to the address the licensee most recently supplied to the Board.

(b) The IC shall notify the licensee of its intent to file a petition for disciplinary action. The Notice of Intent shall:

(i) Include a brief description of the facts or conduct that warrant the intended action;

(ii) Include a description of the nature of the discipline the IC intends to seek; and

(iii) Provide the Licensee no less than thirty (30) days to show that the licensee has complied with all lawful license requirements.

(c) The IC shall initiate proceedings for disciplinary action by filing a Petition with the Board office and serving a copy upon the licensee to the last known address of the licensee by regular U.S. mail.

(d) A licensee may respond to the Petition by filing an Answer admitting or denying the allegations in the Petition or by filing a dispositive motion.

(e) A licensee shall respond to a Petition within twenty (20) days from the date the Petition is filed with the Board office or, if the licensee files a dispositive motion, from the date the dispositive motion is decided by entry of a written order. Failure to respond to the Petition within this time may result in a default judgment.

(f) When a petition for disciplinary action is filed, the Board or a hearing officer appointed by the Board shall begin a contested case proceeding. Board staff or the hearing officer shall serve a Notice of Hearing, with the Petition attached, on the licensee at least thirty (30) days before the hearing. The notice of hearing shall contain:

(i) The legal authority for the Petition and statement of the Board's jurisdiction;

(ii) The facts justifying the disciplinary action sought;

(iii) The statutory provisions or Board rules the licensee is alleged to have violated;

(iv) The time, place, and nature of the hearing; and

(v) Notice of the burden and standard of proof.

(g) If a licensee fails to timely answer the allegations in a Petition or appear at a noticed hearing, and upon the IC's motion, the Board may enter default against the licensee. In entering default, the Board may:

(i) Order that the factual allegations in the Petition are to be taken as true for the purposes of the hearing;

(ii) Order that the licensee may not present evidence on some or all issues in the matter; or

(iii) Any other relief the Board determines is just.

(h) The Board may set aside an entry of default for good cause.

(i) Any hearing officer appointed by the Board shall preside over the contested case proceeding and shall conduct the proceeding according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules as incorporated by reference in Chapter 1.

(j) The IC shall bear the burden to prove by clear and convincing evidence that the licensee violated the Board's practice act or the Board's rules.

(k) The Board may resolve a discipline matter by:

(i) Resolving a dispositive motion in either party's favor;

(ii) Accepting a settlement agreed on by both parties;

(iii) Granting a licensee's petition for voluntary surrender in lieu of discipline under Section 5(a) of this Chapter;

(iv) Conducting a contested case hearing. Following the hearing and the Board's deliberation, the Board may, as applicable:

(A) Find no violation of the Board's practice act or rules and therefore impose no discipline on the licensee;

(B) Find that the licensee has violated the Board's practice act or rules and impose the following discipline: reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.

(l) The Board shall issue a written decision or order. The decision or order shall be sent by U.S. Mail to the licensee and the licensee's attorney or representative, if any.

(m) Board action is effective on the date that the Board approves the written decision or order and it is entered into the administrative record.

(n) Written board decisions or orders are final agency action subject to judicial review according to the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

History

• Effective 2023-04-05

Wyo. Code R. 012.0001.14.04052023 § 7 Petition for Modifying Conditions or Restrictions

(a) A licensee may petition the Board to modify any conditions or restrictions on his or her license. The licensee shall submit a written petition for modification to the Board office. The petition for modification shall include evidence demonstrating:

(i) Compliance with all previously entered Board orders;

(ii) That the modification is consistent with any treatment plan or medical orders, if applicable; and

(iii) That the modification will ensure the public is adequately protected.

(b) The IC assigned the matter shall review the petition and shall recommend that the Board either grant or deny the petition within thirty (30) days of the Board office receiving the petition.

(c) Board Consideration.

(i) The Board shall consider the petition and the IC's recommendation at its earliest convenience.

(ii) The Board may approve or deny the petition for modification.

History

• Effective 2023-04-05