Mississippi Board of Architecture -- Rules and Regulations Index

MISSISSIPPI
BOARD OF ARCHITECTURE
Rules and Regulations Index
(As of 1/16/97)

CHAPTER I - Examinations

1.01 - Required

1.02 - Schedules

1.03 - Format

1.04 - Applications

1.05 - Reporting

1.06 - Grading

1.07 - Conditions

1.08 - Re-Examination

1.09 - Score Reporting and Reviews

1.10 - Disposal of Exam Material

1.11 - Fees

1.12 - Handicapped Examinees
CHAPTER II - Regulation Requirements

2.01 - Registration by Examination

2.02 - Reciprocal Registration

2.03 - Surrender of Certificate and Stamp

2.04 - Renewals

2.05 - Fee Schedule

2.06 - Emeritus Status
CHAPTER III - General Rules

3.01 - Records of the Board

3.02 - Practice Procedures

3.03 - Filing of Complaints

3.04 - Seal of Registrant
CHAPTER IV - Professional Code of Conduct

4.01 - Competence

4.02 - Conflict of Interest

4.03 - Compliance with Laws

4.04 - Full Disclosure

4.05 - Professional Conduct
CHAPTER V - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

Chapter I
EXAMINATIONS
1.01 Required

Applicants for registration by examination must submit to and pass an Architect Registration Examination as outlined below. All such applicants must have been approved as a candidate for the examination by the Mississippi State Board of Architecture.

1.02 Applications

An application for examination shall be considered by the Board if the following items are contained therein.

a.: A completed Council Record from the National Council of Architectural Registration Boards;
b.: Documents reflecting enrollment and completion of the Intern-Architect Development Program, which includes a minimum of one (1) year active enrollment in the program;
c.: A degree in architecture from an educational institution whose curriculum has been approved by the National Architectural Accrediting Board.

Failure to supply any additional evidence or information within a specific time set by the Board may be considered just a sufficient cause for denial of the application.

1.03 Format

The Board will select a test vendor who will administer the A.R.E. as prepared by NCARB administer the Architecture Registration Examinations to all candidates who have been approved by the Board in accordance with the training and education requirements pertaining to registration by examination. This examination will be administered in compliance with those methods and procedures recommended by the National Council of Architectural Registration Boards and adopted by the Mississippi State Board of Architecture.

1.04 Schedules

Examinations will be administered in compliance with NCARB (National Council of Architectural Registration Boards) Guidelines to approved candidates only.

The NCARB Data Center will send candidates information on the procedure for scheduling a test session, the test content and instructions on taking the computer-based examination after it receives the candidate's eligibility notification form from the Mississippi Board.

1.05 Reporting

Approved candidates shall appear personally for exams at the designated date, time and place, as specified by the Test Vendor.

1.06 Grading

The Architect Registration Examination shall be graded in accordance with the methods and procedures recommended by the NCARB. In order for an examination candidate to achieve registration, all sections of the examination must be passed with the minimum score specified by the NCARB. In order for an examination candidate to achieve registration, all sections of the examination must be passed with the minimum score specified by the NCARB.

1.07 Conditions

The Test Vendor will monitor the computer exam in strict compliance with the procedures approved by the NCARB.

1.08 Re-Examination

A candidate is allowed unlimited retakes of the ARE.

1.09 Score Reporting and Reviews

Once the scores are released, this Board will advise each Candidate. A score of PASS must be achieved by exam candidates on all divisions of the A.R.E. in order for that candidate to be considered for initial registration.

1.10 Fees

Each examination candidate shall pay a $60.00 one time application fee to the State Board. The examination fees for each division of the A.R.E. will be paid to the test vendor.

1.11 Disabled Examines

Requests for modifications to the examination administration to accommodate physical or other disabilities must be made in writing to the State Board. Such a request must be accompanied by a physician's report and/or a report by a diagnostic specialist, along with supporting data, confirming to the Board's satisfaction, the nature and extent of the disability. After receipt of the request from the applicant, the Board may require that the applicant supply further information and/or that the applicant appear personally before the Board. It shall be the responsibility of the applicant to timely supply all further information as the Board may require. The Board shall determine what, if any, modifications will be made.

Chapter II
REGISTRATION REQUIREMENTS
2.01 Registration by Examination

Once a candidate has successfully passed the Architect Registration Examination he/she becomes eligible for registration as an Architect. Said candidate must fill out an application supplied by the Board and pay the initial registration fee.

2.02 Reciprocal Registration

An individual requesting reciprocal registration shall request an application for Mississippi registration from this Board.

Applications will be received at the Board Office at all times. Personal appearances before the Board, if requested, shall be at a time and place designated by the Board. Failure to comply within 90 days from the date of written request for additional evidence or information, or to appear before the Board, if requested, shall be at a time and place designated by the Board. Failure to comply within 90 days from the date of written request for additional evidence or information, or to appear before the Board, when such appearance is requested, may be considered just and sufficient cause for disapproval of the application.

A Council Certificate must document the following requirements for this State, or the Board reserves the right to request additional documented evidence of compliance with these requirements:

a.: An individual must hold a valid Certificate from the National Council of Architectural Registration Boards which documents proof of an NAAB approved degree, the Council Certificate must reflect the NCARB approved equivalence of the 5-year degree;
b.: AND, who has at least three (3) years diversified training experience under the direct supervision of a registered architect of approved standing. (Individuals who have obtained a Masters Degree in Architecture, where the degree program has been approved by the NAAB, and is in addition to a first professional degree, will be granted one year of training experience toward the three-year requirement.);
c.: AND, who has passed the applicable National Council of Architectural Registration Boards Examination;
d.: AND, that the applicant is currently registered and in good standing in his state of residence.

Each non-resident application must submit, as a part of the application, a sworn affidavit stating non-practice and non-solicitation of architectural business in this State until registration or licensing is approved by the Board. Failure to submit this affidavit will be considered just cause for disapproval of the application. Every applicant for reciprocity registration shall comply fully with the requirements of a resident applicant.

The fee for the initial registration is set in Section 2.05.

2.03 Surrender of Certificate and Stamp

Registrants who fail to renew their license within two (2) years from the due date, or any architect whose licence has been suspended or revoked, shall be required to immediately surrender and deliver to the Executive Secretary of the Board their certificate and stamp.

2.04 Renewals

Certificates of registration shall be renewed prior to November 30, in odd numbered years. A renewal form will be sent to each Registered Architect who holds a current license in good standing. Those licenses not renewed prior to the November 30 deadline may be late renewed within two years after the license expiration date by paying a $5.00 per month late penalty fee in addition to the normal biennial renewal fee.

Licenses not renewed prior to the end of the two-year penalty period shall not be subject to renewal. Any consideration for reinstatement of the expired license after the two-year penalty period would be at the discretion of the Board and requires the following:

a.: Submission of a reinstatement application with a reinstatement fee of $300.00 in addition to the normal biennial renewal fee; and
b.: Submission of an additional Board form on which the applicant shall furnish additional information as the Board may require to properly evaluate the applicant's current qualification for reinstatement, including a complete resume of the applicant's professional activity since the expiration date of the license.

However, neither the failure of the Board to send, nor the failure of the registrant to receive a renewal form shall excuse failure to renew a license. Unless the license is renewed before November 30, of odd numbered years, continued practice after such date shall constitute unlawful practice and is a ground for discipline.

2.05 Fee Schedule

RESIDENTS

Registration Fee .........................................................$200.00

(Includes a non-refundable application fee of $50.00)

Biennial Renewal Fee .................................................$170.00
NON-RESIDENTS

Registration Fee .........................................................$300.00

(Includes a non-refundable application fee of $75.00)

Biennial Renewal Fee .................................................$200.00
OTHER FEES

Exam Administration ..................................................$ 50.00

Copy of Roster ..........................................................$ 15.00

Duplicate Certificate ..................................................$ 25.00

Duplicate Stamp ........................................................$ 20.00

Non-Sufficient Funds Check ......................................$ 25.00

Mailing Labels ...........................................................$ 10.00

2.06 Emeritus Status

"Resident architects who have been registered in this state for ten (10) consecutive years, who are sixty-five (65) years of age or older and who are retired from active practice or other related professional activities, may request 'Emeritus Status' by filing an application showing compliance with the requirements of this section. 'Retired' means that the architect no longer practices architecture in that he/she no longer stamps and certifies documents with his/her seal or practices architecture as defined in Section 73-1-3© of the Mississippi Code of 1972, as amended. If all of the requirements of this section have been met, all fees and penalties, if applicable, for biennial registration shall be waived by the Board."

Any reference to an architect on "Emeritus Status" on any letter, title, sign, card or device shall list such architect as "Emeritus Architect."

Chapter III
GENERAL RULES

3.01 Records of the Board

All records of the Board which deal with applications, examinations, personal files and NCARB Certificates shall be kept confidential in view of the sensitive nature of the material contained herein.

3.02 Practice Procedures

An architect can practice as a sole proprietor, a partnership, a professional corporation pursuant to Miss. Code Annot. 79-10-1, et seq. (1995 Supp.) Or professional limited liability company pursuant to Miss. Code Annot. 79-29-901, et seq. (1994 Supp.). With respect to a partnership of architects, or architects and engineers, or a professional corporation or a professional limited liability company, each shareholder or member shall hold a certificate to practice architecture or engineering in that member's state of residence; and in the case of a foreign professional corporation or professional limited liabliity company doing business in this state, at least one (1) active stockholder or member must hold a certificate to practice architecture in this state. No other persons shall be entitled to be a member or shareholder other than licensed architects or engineers. Its specific purpose of this rule to restrict or condition the issuance of shares of a professional corporation and the issuance or membership interests in a professional limited liability company which is to advertise or otherwise hold itself out to be an architect or to be authorized to practice architecture to only licensed architects or engineers.

All announcements, stationary, printed matter and listings of a firm shall contain the name of at least one (1) person who is registered as an architect in this state and that no such person be named on any announcement, card, stationary, printed matter or listing of such partnership, professional corporation or association used in this state unless there is designated thereon whether or not such person is licensed in this state. Employees of a firm that are not registered as an architect or engineer are allowed to use business cards for that firm, provided that the job title of the individual is clearly stated.

In the case of where the firm is considered a "trade name," the name of one (1) architect licensed in this state must appear directly under the firm name on any announcement, card, stationary, printed matter or listing.

EXAMPLE:

ABC Architects and Engineers

John Doe, Architect

For the purpose of properly identifying drawings, specifications, and contract documents, each architect shall obtain from the Board an individual stamp, of a design approved by the Board to be used as the stamp required by Section 73-1-35 of the registration law. The live signature of the architect shall appear over the stamp on all documents prepared by him/her or under his/her supervision for use in the State of Mississippi.

3.03 Filing of Complaints

Any person may file a complaint against a registered architect, charging a violation of the Architect Registration law. Such complaint shall be filed with the Board and the Board shall proceed in accordance with Section 73-1-29 of the Mississippi Code of 1972 annotated, as amended. Contact the State Board office for a copy of the complaint and disciplinary procedures.

3.04 Seal of Registrant

Upon official notification of registration, the registrant will be advised that it is his/her responsibility to secure an official seal or rubber stamp for use in this state. The seal to be used by the registrants are to be circular in form and 1 inches in diameter. A copy of the design is shown below; and shall contain the following information: Name, Registration Number, City and State of business and the words "Registered Architect State of Mississippi";

[Copy of design]

A sample of the seal impression or rubber stamp imprint shall be furnished to the Board within 60 days of the date shown on the Official Notice of registration letter. Failure to provide proof of seal may result in disciplinary action by the Board.

Architects may continue to use seals obtained prior to the adoption of this rule, which are in conformance with prior Board rules. All seals obtained subsequent to the adoption of this rule shall strictly conform to the requirements herein set forth.

It is the responsibility of the registrant to comply with the requirements for use of the seal as set forth in Rule numbers 4.05.2, 4.05.5, 4.05.6, 4.05.8, and 4.05.9.

Chapter IV
PROFESSIONAL CODE OF CONDUCT

4.01 Competence

4.01.1 In practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality.

Commentary

Although many of the existing State Board rules conduct fail to mention standards of competence, it is clear that the public expects that incompetence will be disciplined and, where appropriate, will result in revocation of the license. 4.01.1 sets forth the common law standard which has existed in this country for a hundred years or more in judging the performance of architects. While some few courts have stated that an architect, like the manufacturer of goods, impliedly warrants that his/her design is fit for its intended use, this rule specifically rejects the minority standard in favor of the standard applied in the vast majority of jurisdictions that the architect need be careful but not always right. In an age of national television, national universities, a national registration exam, and the like, the reference to the skill and knowledge applied in the same locality may be less significant than it was in the past when there was a wide disparity across the fact of the United States in the degree of skill and knowledge which an architect was expected to bring to his work. Nonetheless, the courts have still recognized this portion of the standard, and it is true that what may be expected of an architect in a complex urban setting may vary from what is expected in a more simple, rural situation.

4.01.2 In designing a project, an architect shall take into account all applicable state and municipal building laws and regulations. While an 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, an architect shall not knowingly design a project in violation of such laws and regulations.

Commentary

It should be noted that the rule is limited to applicable state and municipal building laws and regulations. Every major project being built in the United States is subject to a multitude of laws, addition to the applicable building laws and regulations. AS to these other laws, it may be negligent of the architect to have failed to take them into account, but the rule does not make the architect specifically responsible for such other laws. Even the building laws and regulations are of sufficient complexity that the architect may be required to seek the interpretation of other professionals. The rule permits the architect to rely on the advice of other such professionals.

4.01.3 An Architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultant, are qualified by education, training, and experience in the specific technical areas involved.

Commentary

While an architect is licensed to undertake any project which falls within the definition of the practice of architecture, as a professional, the architect must understand and be limited by the limitations on his or her own capacity and knowledge. Where an architect lacks experience, the rule supposes that he or she will retain consultants who can appropriately supplement his or her own capacity. If an architect undertakes to do a project where he or she lacks knowledge and where he or she does not seek supplementing consultants, the architect has violated the rule.

4.01.4 No person shall be permitted to practice architecture if, in the Board's judgment, such person's professional competence is substantially impaired by physical or mental disabilities.

Commentary

Here the State Registration Board is given the opportunity to revoke or suspend a license when the Board has suitable evidence that the license holder's professional competence is impaired by physical or mental disabilities. Thus, the Board need not wait until a building fails in order to revoke the license of an architect whose addiction to alcohol, for example, makes it impossible for him/her to perform his/her professional services with necessary care.

4.02 Conflict of Interest

4.02.1 An architect shall not accept compensation for architectural services from more than one party on a project unless the circumstances are fully disclosed to and agreed to by all parties, such disclosure and agreement to be in writing.

4.02.2 An architect shall not knowingly solicit or accept employment for professional services for any work which another architect has been exclusively employed to perform and with which work the other professional is no longer to have any connection, without first having been advised in writing by the architect's prospective employer that the employment of the other professional has been terminated, and that the other professional has been paid for services rendered.

4.02.3 If an architect has any business association or a direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with the architect's performance of professional services, the architect shall fully disclose in writing to the architect's client or employer the nature of business association for financial interest, and if the client or employer objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment.

Commentary

Like 4.02.1, this rule is directed at conflicts or interests. It requires disclosure by the architect of any interest which would affect the architect's performance.

4.02.4 An architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

Commentary

This rule appears in most of the existing state standards. It is absolute and does not provide for waiver by agreement.

4.02.5 When acting as the interpreter of building contract documents and/or the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.

Commentary

Thus rule applies only when the architect is acting as the interpreter of building contract documents and the judge of contract performance. The rule recognizes that this is not an inevitable role and there may be circumstances (for example, where the architect has an interest in the owning entity) in which the architect may appropriately decline to act in those two roles. In general, however, the rule governs the customary construction industry relationship where the architect, though paid by the owner and owing the owner his or her loyalty, is nonetheless required, in fulfilling his or her role in the typical construction industry documents, to act with impartiality.

4.03 Compliance with Laws

4.03.1 An architect shall not, in the conduct of the architect's architectural practice, knowingly violate any state or federal criminal law.

Commentary

This rule is concerned with the violation of a state or federal criminal law while in the conduct of the registrant's professional practice. Thus, it does not cover criminal conduct entirely unrelated to the registrant's architectural practice. It is intended, however, that rule 4.05.4 will cover reprehensible conduct on the part of the architect not embraced by rule 4.03.01. At present, there are several ways in which Member Boards have dealt with this sort of rule. Some have disregarded the requirement that the conduct be related to professional practice and have provided for discipline whenever the architect engages in a crime involving "moral turpitude." The committee declined the use of that phrase as its meaning is by no means clear or uniformly understood. Some Members Boards discipline for felony crimes and not for misdemeanor crimes. While the distinction between the two was once the distinction between serious crimes and technical crimes, that distinction has been blurred in recent years. Accordingly, the Committee specifies crimes in the course of the architect's professional practice, and, under 4.05.4, gives to the Member Board discretion to deal other reprehensible conduct. Note that the rule is concerned only with violations of state or federal criminal law. The committee specifically decided against the illusion of violations of the law of other nations. Not only is it extremely difficult for a Member Board to obtain suitable evidence of the interpretation of foreign laws, it is not unusual for such laws to be at odds with the laws, or at least, the policy of the United States of America. For example, the failure to follow the dictates of the "anti-Israel boycott" laws found in most Arab jurisdictions is a crime under the laws of most of those jurisdictions; while the anti-Israel boycott is contrary to the policy of the government of the United States and following its dictates are illegal under the laws of the United States.

4.03.2 The registrant shall not furnish limited services in such a manner as to enable unregistered persons to evade federal, state and local building laws and regulations, including building permit requirements.

4.03.3 An architect shall neither offer nor make any payments or gifts of substantial value 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 architect is interested.

Commentary

4.03.3 Tracts a typical bribe statute. It is covered by the general language of 4.03.1, but it was the Committee's view that 4.03.3 should be explicitly set out in the Rules of Conduct. Note that all of the rules under this section look to the conduct of the architect and not to whether or not the architect has actually been convicted under a criminal law. An architect who bribes a public official is subject to discipline by the state registration board, whether or not the architect has been convicted under the state criminal procedure.

4.03.4 An architect shall comply with the registration laws and regulations governing the architect's professional practice in any United States jurisdiction.

Commentary

Here, again, for the reason set out under 4.03.1, the Committee chose to limit this rule to United States jurisdictions.

4.04 Full Disclosure

4.04.1 An architect, making public statements or architectural questions, shall disclose when the architect is being compensated for making such statement.

Commentary

Architect's frequently and appropriately make statements on questions affecting the environment and the architect's community. As citizens and as members of a profession acutely concerned with environmental change, they doubtlessly have an obligation to be hard on such questions. Many architects may, however, be representing the interests of potential developers when making statements on such issues. It is consistent with the probity which the public expects from members of the architectural profession that they not be allowed under the circumstances described in the rule to disguise the fact that they are not speaking on the particular issue as an independent professional but as a professional engaged in to act on behalf of a client.

4.04.2 An architect shall accurately represent to a prospective or existing client or employer the architect's qualification and the scope of the architect's responsibility in connection with work for which the architect is claiming credit.

Commentary

Many important projects require a team of architects to do the work. Regrettably, there has been some conflict in recent years when an individual member of that team has claimed greater credit for the project than was appropriate to their actual work performed. It should be noted that a young architect who develops his or her experience working to claim credit for the work which he or she actually performed. On the other hand, the public must be protected from believing that the younger architect's role greater than was the fact. If a brochure represents an employee's involvement on a specific project, while employed by another firm, the brochure provided shall include the employee's specific responsibilities on the project.

4.04.3 The registrant shall not falsify or permit misrepresentation of his or her associate's academic or professional qualifications. He/she shall not misrepresent or exaggerate his/her degree of responsibility in or for the subject matter or prior assignments. Brochures or other presentations incidental to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, associates joint ventures, or his/her or their past accomplishments with the intent and purpose of enhancing his/her qualifications and his/her work.

4.04.4 If, in the course of the architect's work on a project an architect becomes aware of a decision taken by the architect's employer or client, against the architect's advice, which violates applicable state or municipal building laws, and regulations, and which will, in the architect's judgment, materially and adversely affect the safety to the public of the finished project, the architect shall:

(I) report the decision to the local building inspector or other public official charged with enforcement of the applicable state or municipal building laws and regulations,

(ii) refuse to consent to the decision, and

(iii) in circumstances where the architect reasonably believes that other such decisions will be taken notwithstanding his/her objection, terminate his/her objection, terminate his/her services with reference to the project.

Commentary

This rule holds the architect to the same standard of independence with has been applied to lawyers and accountants. In the circumstances described, the architect is compelled to report the matter to a public official even though to do so may substantially harm the architect's client. Note that the circumstances are a violation of building laws which adversely affect the safety to the public of the finished project. While a proposed technical violation of building laws (e.g., a violation which does not affect safety) will cause a responsible architect to take action to oppose its implementation, the Committee specifically does not make such a proposed violation trigger the provisions the provisions of this rule. The rule specifically intends to exclude safety problems during the course of construction which are traditionally the obligation of the contractor. There is no intent here to create a liability for the architect in this area. Clause (iii) give the architect the obligation to terminate his or her services if he or she has clearly lost professional control. The standard is that the architect reasonably believes that other such decisions will be taken notwithstanding his or her objection. The rule goes on to provide that the architect shall not be liable for a termination made pursuant to clause (iii). Such an exemption from contract liability is necessary if the architect is to be free to refuse to participate on a project in which such decisions are being made.

4.04.5 An architect shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with the architect's application for registration or renewal.

Commentary

The registration board which grants registration or renews registration on the basis of a misrepresentation by the applicant must have the power to revoke that registration.

4.04.6 False or malicious statements. A licensee shall make no false or malicious statements which may have the effect, directly or indirectly, or by implication, of injuring the personal or professional reputation or business of another member of the profession.

4.04.7 A licensee who has knowledge or reasonable grounds for believing that another member of this profession has violated any statute or rule regulating the practice of his profession shall have the duty of presenting such information to the Board.

4.04.8 An architect shall not assist the application for registration of a person known by the architect to be unqualified in respect to education, training, experience, or character.

4.04.9 An architect possession knowledge of a violation of these rules by another architect shall report such knowledge to the Board.

Commentary

This rule has its analogue in the Code of Professional Responsibility for lawyers. Its thrust is consistent with the special responsibility which the public expects from architects.

4.05 Professional Conduct

4.05.1 An architect shall not sign or seal drawings, specifications, reports or other professional work which was not prepared by or under the responsible control of the architect; except that (I) he or she may sign or seal those portions of the professional work that were prepared by or under the responsible control of persons who are registered under the architectural registration laws of this jurisdiction if the architect has reviewed in whole or in part such portions and has either coordinated their preparation or integrated them into his or her work, and (ii) he or she may sign or seal portions of the professional work that are not required by the architectural registration law to be prepared by or under the responsible control of an architect if the architect has reviewed and adopted in whole or in part such portions and has integrated them into his or her work. "Responsible control" shall be that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by architects applying the required professional standard of care.

Commentary

This provision reflects current practice by which the architect's final construction documents may comprise the work of other professional as well as work on the architect. The reference to "registered under this or another professional registration law" means of course the laws of the state whose state board has published these rules. The reference is most commonly to persons licensed under the registration law for landscape architects. Although it covers registered architects as well, who may engaged to do a portion of the work without being subject to the principal architect's supervisory control, if an architect does not except to be responsible for the adequacy of his or her consultant's work, the architect should not sign or seal such work and should otherwise comply with the law of the jurisdiction in order to avoid responsibility.

4.05.2 An architect shall neither make nor offer to make any gifts, other than gift of nominal value (included, for example, reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client connection with a project in which the architect is interested.

Commentary

4.05.2 is the correlative of 4.04.2, but the later described criminal conduct under most state laws for it involves both "private bribes" (which are ordinarily not criminal in nature) and the unseemly conduct of using to obtain work. Note that the rule realistically excludes reasonable entertainment and hospitality and other gifts of nominal value.

4.05.3 An architect shall not engage in conduct involving fraud or wanton disregard for the rights of others.

Commentary

Violations of this rule may involve criminal conduct not covered by 4.03.1, or other reprehensible conduct which the Board believes should warrant discipline. The Committee believes that state board must, in any disciplinary matter, be able to point to a specific rule which has been violated. An architect who is continuously involved in nighttime burglaries (no connection to his or her daytime [professional practice] is not covered by 4.03.1 (crimes committed "in the conduct of his or her architectural practice")). The Committee believes that serious misconduct, even though not related to professional practice, may well be grounds for discipline. To that end, the Committee recommends Rule 4.05.3. Many persons who have reviewed and commented on the draft rules were troubled by the sententious character of Rule 4.05.3. The Committee has, however, found that lawyers commenting on the rules had little trouble with the standard set in 4.05.3: it applies to conduct which would be characterized as wicked, as opposed to minor breaches of the law. While each board must "flesh out" the rule, the committee assumes that murder, rape, arson, burglary, extortion, grand larceny, and the like, would be conduct subject to the rule, while disorderly conduct, traffic violations, tax violations, and the like, would not be considered subject to the rule.

4.05.4 The registrant shall stamp with his/her seal the following documents:

(a): All original sheets of any bound or unbound set of working drawings, or plans, and
(b): The original cover or index page(s) identifying all specification pages covered.

4.05.5 The registrant shall superimpose his signature (not a rubber stamp) across the fact and beyond the circumference of the seal on documents listed in paragraph 4.05.4 above.

4.05.6 Any portions of working drawings or plans prepared by registered consultants shall bear the seal and the signature of the consultant responsible thereof.

4.05.7 No registrant shall affix his/her seal and signature to documents having titles or identifies excluding the registrant's name unless:

(a): such documents were indeed developed by the registrant or under the registrant's immediate personal supervision; and
(b): the registrant has exercised full authority to determine their development.

4.05.8 Subject to the requirements of this rule, rubber stamp, embossed, or transparent self-adhesive seals may be used. Such stamps or seals shall not include the registrant's signature.

4.05.9 An architect, acting individually or through a firm, association or corporation shall neither, request, propose, or accept an agreement, contract, or commission for professional services on a "contingency basis" under which his/her professional judgment may be compromised or when a contingency provision is used as a devise for promoting or securing an agreement, contract, or commission, either for additional commissions or projects or for performing further services on the project involved. For purposes of adjudging the provisions of this section "contingency basis" will also he interpreted to include the preparation of preliminary reports and/or applications for funds or for reviewing for approval where the fee involved is to be paid only after such submission or approval, or in an amount substantially below the cost of performing the services.

Commentary

This provision reflects directly on the increasing practice of soliciting submittals from architects with compensation to the architect contingent upon the occurrence of a particular event, i.e.: the pasage of a bond issue or funding of the project. The architect is requested to provide services with the possibility of receiving no, or a substantially reduced, fee. If this occurs, selection of the architect to perform substandard or inadequate work which may endanger the life, health or safety of the public.

Chapter V
DISCIPLINARY GUIDELINES; RANGE OF
PENALTIES; AGGRAVATING AND
MITIGATING CIRCUMSTANCES.

The Board sets forth below a range of of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating he Law of and Rules of the Board. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular poriviosn of the law. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of the law or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be gounds for enhancement of penalties, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation, or reprimand which may be included in the final panalty at the Board's discretion.

The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the above mentioned statutes and rules:

(a): Failure to stamp plans (Rule 4.05.5, 3.02)
Min - 1^st Offender - letter of reprimand
- 2^nd Offender - letter or reprimand, and $250.00 fine.
Max - Reprimand and 6 months probation
(b): Failure to sign over stamp (Rule 4.05.7, 3.02) 73-1-35
Min. And Max. same as (a) above.
(c): Providing work not competent to perform (Rule 4.05.1)
Min. - Reprimand and a $1,000
Max. - Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation
(e): Attempting to produce license by bribery or fraudulent misrepresentation 73-1-13iii; 73-1-29b; Rule 4.03.4, 4.03.1.
Min. - Revocation and $1,000 fine if licensed (denial of license if application in process)
(f): Licensee disciplined by another jurisdiction (Rule 4.03.4, 4.03.1).
Min. - Board discretion.
Max. - Same penalty as imposed in other jurisdiction or as closely as possible to penalty set forth in MS statutes.
(g): Criminal conviction relating to architecture (73-1-29cg)
Min. - Misdemeanor: reprimand and $1,000 fine; Felony: One (1) year suspension, Two (2) year Probation and $1,000 fine.
Max. - Reprimand, $5,000 fine, one (1) year suspension and two (2) years probation, Revocation and $5,000 fine.
(h): Practice on suspended license (73-1-29e)
Min. - Revocation and $1,000 fine.
(i): Practice on inactive license (73-1-29e)
Min. - Fine based on lenght of time in practice while inactive; $100/month or $1,000 maximum (penalty will require licensee to renew license or cease practice.)
(j): Practice on revoked license (73-1-29e).
Min. - Refer to Attorney General for criminal prosecution.
(k): Fraudulent, false, deceptive or misleading advertising (R4.04.3) 73-1-1.
Min. - Cease and desist letter.
Max. - Reprimand, one (1) year probation and $5,000 fine.
(l): Negligence 73-1-29c; Rule 4.01.1.
Min. - Reprimand, two (2) years probation and $1,000 fine.
Max. - Reprimand, $5,000 fine five (5) years suspension and ten (10) years probation and/or refer to Attorney General for criminal prosecution.
(m): Fraud or Deceit (73-1-29h)
Min. - Reprimand, one (1) year suspension, two (2) years probation and $1,000 fine.
Max. - $5,000 fine and revocation and/or refer to Attorney General for criminal prosecution.
(n): Misconduct as defined in Rule 4.05.
Min. - Reprimand and $1,000 fine.
Max. - Reprimand, one (1) year suspension, two (2) year probation and $5,000 fine.
(o): Incompetence (mental or physical impairment) (Rule 4.01.4).
Min. - Suspension - until ability to practice proved, followed by probation.
(p): Bribery to obtain clients or commissions (Rule 4.03.3).
Min. - Revocation and $1,000 fine.
(q): Undisclosed conflict of interest (73-1-29i; Rule 4.02).
Min. - Reprimand, $1,000 fine and two (2) years probation.
Max. - Revocation and $5,000 fine.
(r): Aiding unlicensed practice (Rule 4.04.8)
Min. - Reprimand $1,000 fine.
Max. - Reprimand and one (1) year suspension and two (2) years probation.

The Board shall be able to deviate from the abovementioned guidelines upon showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final penalty.

The Board shall also have the right to collect any legal and/or administrative charges incurred by the agency during the course of the investigation.

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