OAR 804-022-0035: Military Portability and Temporary Military Spouse Registration

(1) For purposes of this rule, “Armed Forces of the United States” means the Army, Navy, Air Force, Coast Guard, or Marine Corps of the United States or a reserve unit of one of those branches of the armed forces. (2) Any Landscape Architect who holds an active license or registration in good standing to practice landscape architecture in another U.S. state or territory and who is either a member of the Armed Forces of the United States stationed in Oregon or the spouse of a military member stationed in Oregon is not required to obtain registration from the Board. However pursuant to federal law, the following conditions apply to military members and military spouses practicing landscape architecture in Oregon on the basis of reciprocal registration or licensure. Before practicing in Oregon, the Landscape Architect must: (a) provide a copy of such military orders to the Board; (b) remain in good standing with the licensing authority that issued the registration or license to practice landscape architecture; and (c) submit to the authority of the Board for purposes of standards of practice, discipline, and continuing education requirements. (3) Nothing in this rule prevents a Landscape Architect who is a military member or military spouse from applying for registration under OAR 804 Division 22 either for a Landscape Architect registration or a temporary military spouse registration. (4) Pursuant to state law, the Board offers a temporary military spouse registration to any Landscape Architect who is the spouse or legal domestic partner of a member of the Armed Forces of the United States stationed in Oregon. (5) Application for temporary military spouse registration must include the following: (a) Completed and signed application form; (b) Application Fee; (c) Temporary Military Spouse Registration Fee; (d) Signed Statement of Understanding; (e) A copy of a marriage certificate, domestic partnership registration, or other official evidence of legal union and an attestation that said union is valid and in effect; (f) A copy of the spouse or domestic partner’s assignment to an Oregon duty station by official active duty military order; (g) Official verification of the applicant’s current active landscape architecture registration or license from another state licensure board to practice landscape architecture in that state; and (h) Information required by the Board under (3) – (4) of this rule. (6) The applicant shall provide documentation of education, experience, and examination credentials that show the applicant meets the requirements in OAR 804-022-0010 (3), (4), or (5). This documentation is required to support review of whether, in the opinion of the Board, Board Administrator, or other Board designee, the applicant has demonstrated competency to practice landscape architecture in Oregon and met registration or licensure standards substantially similar to those of the Board. (7) The applicant must hold a landscape architecture registration or license in good standing with another state. For purposes of this rule, sufficient proof of good standing means the applicant has attested in writing to: (a) Holding a current active unrestricted landscape architecture registration or license from another state licensure board; (b) Being in compliance with all requirements of the other state licensure board, including, but not limited to, payment of all required fees and compliance with all continuing education requirements; (c) Not being the subject of a pending investigation, action or order by another state licensure board for a matter related to landscape architecture practice; and (d) Not having an action or order against the applicant by another state licensure board for violation or laws or rules, including a code of professional conduct, related to landscape architecture practice. (8) A temporary military spouse registration issued under this section is valid until the earliest of the following, at which time the registration expires: (a) Two years after the date of issuance; (b) The date the spouse of the person to whom the temporary military spouse registration was issued completes military service in this state; (c) The date the person’s registration or license from another state used to qualify for temporary military spouse registration expires; or (d) The date of issuance of a final order of the Board that imposes disciplinary action that revokes, suspends, or otherwise restricts the registration. (9) A temporary military spouse registration is not renewable. (10) A registrant issued a temporary military spouse registration must notify the Board within 30 days of: (a) Any change in contact information as defined in OAR 804-050-0005(8), with updates provided to the Board in the manner described in that rule; (b) Any change in the status of the state license that was used a basis for obtaining the temporary military spouse registration; (c) Any complaint, investigation, or action by another state against the person holding the temporary military spouse registration; and (d) The date the spouse of the registrant to whom the temporary military spouse registration was issued completes military service in this state unless this occurs more than two years after issuance of the temporary military spouse registration. (11) A temporary military spouse registrant must comply with all applicable requirements for practicing landscape architecture in Oregon including, but not limited to, the professional practice requirements and code of professional conduct in Divisions 27, 30, 35, and 50 of OAR Chapter 804. (12) A temporary military spouse registrant does not have to comply with the continuing education requirements in Division 25 of OAR Chapter 804.