Indiana State Bd. of Registration of Architects v. Meier

• Decision Date: 10 March 1986
• Docket Number: No. 4-885A216,4-885A216
• Citation: 489 N.E.2d 966
• Parties: INDIANA STATE BOARD OF REGISTRATION OF ARCHITECTS, Appellant (Defendant Below), v. Henry G. MEIER, Appellee (Plaintiff Below).
• Court: Indiana Appellate Court

Page 966

489 N.E.2d 966

INDIANA STATE BOARD OF REGISTRATION OF ARCHITECTS, Appellant (Defendant Below), v. Henry G. MEIER, Appellee (Plaintiff Below).

No. 4-885A216.

Court of Appeals of Indiana,

Fourth District.

March 10, 1986.

Linley E. Pearson, Atty. Gen., Frederick S. Bremer, Deputy Atty. Gen., Indianapolis, for appellant.

Heather McPherson, Kothe Claycombe & Kortepeter, Indianapolis, for appellee.

MILLER, Judge.

The Indiana State Board of Registration for Architects (Board) brings this appeal from the Marion Superior Court, which reviewed the Board's denial of general architect Henry G. Meier's application for certification as a "landscape architect" and set aside the denial as arbitrary, capricious and in excess of the Board's statutory authority. The Board denied Meier's application for waiver of the college degree and examination requirements for certification on the basis that, although his landscape architectural experience exceeded the statutory requirement (twelve years) in terms of duration, such experience was not full-time or substantially full-time. We affirm the court below and remand this cause to the Board for further determination.

FACTS

Prior to 1981, there was no statutory distinction between general architecture and landscape architecture. In 1981, the legislature passed the Landscape Architects' Certification Act (the Act), requiring that those who would hold themselves out as landscape architects be certified as such by the State Board of Registration for Architects. See IC 25-4-2-1 to -12 (1982). The Act includes eight categories of architectural services within the statutory definition of "landscape architecture":

"(c) 'Landscape architecture' or the 'practice of landscape architecture' means the performance of professional services ... where, and to the extent that the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, site specific natural surface and subsoil drainage systems, landscape grading, swales, curbs and walkways, and the consideration and determination of inherent problems of the land relating to erosion, overuse, blight or other hazards."

IC 25-4-2-1(c). Apparently, general architects frequently provide such services, but, unless certified by the Board, may not hold themselves out as "landscape architects." See id. Sec. 1(d).

Like most professional certification statutes, the Act requires applicants for certification as landscape architect to have a college degree from an "approved curriculum" in their field (in Indiana, Ball State University and Purdue University offer approved degrees in landscape architecture) and to pass a professional examination. See IC 25-4-2-3(2), -4(A).

However, the legislature provided for certification for individuals who had neither a college degree in landscape architecture nor a desire to take the examination, but who did have experience in performing landscape architectural services. Thus, the legislature made permanent provision for the college waiver in section 3 of the Act: "In lieu of graduation from an approved college or school of landscape architecture, an applicant may be admitted to the examination upon presenting evidence of at least eight (8) years of actual, practical experience in landscape architectural work of a grade and character satisfactory to the board." Id. Sec. 3 (emphasis added).

The legislature also included in the Act a temporary grandfather clause--in effect for six months--providing for the exam waiver:

"Sec. 5. The board shall waive the examination required by section 4 of this chapter for any applicant who meets all other requirements for certification and who files his application for certification with the board after December 31, 1981, and before July 1, 1982. The board shall accept in lieu of the examination and [sic] evidence that the applicant has had at least four (4) years experience in the practice of landscape architecture prior to making application.

Id. Sec. 5 (repealed 1983) (emphasis added). The Board considered the experience requirements of the two waiver provisions to be cumulative, as reflected in the following regulation promulgated by the Board:

"(A)pplicants for certification under the grandfather clause (IC 25-4-2-4) shall fall into one of two categories:

(1) A graduate from an approved college or school plus four (4) years in the practice of landscape architecture.

(2) A person with eight (8) years of actual, practical experience in landscape architecture in lieu of a degree and who has four (4) additional years in the practice, or a minimum total of twelve (12) years of practical experience."

804 IAC 1.1-2-4.2(e) (Supp.1983) (emphasis added).

This case involves a general architect, Meier, who applied for certification as a landscape architect, seeking the benefits of both the Act's college waiver and exam waiver provisions. Meier was licensed as a registered architect in 1956 and began his own private practice in 1964. His firm was always a small one--at times just Meier and one draftsman, but never more than three architects and five draftsmen. On April 8, 1982, Meier applied for certification as a landscape architect under the grandfather clause and without having a college degree in landscape architecture. Meier requested a hearing before the Board after his application was initially denied, and the hearing was held on September 16, 1983. Meier presented thirty-three blueprints of architecture work he had performed in his practice that included landscape architecture in support of his contention that he had more than the "minimum total of twelve (12) years of practical experience," see 804 IAC 1.1-2-4.2(e) (Supp.1983), in the eight categories of architecture services included in the statutory definition of "landscape architecture" in Section 1(c) of the Act, supra.

Meier testified that he had regularly performed such services on a continuous basis during the nineteen years of his private practice. He stated that, because of the small size of his practice, he had to do various types of work himself that, in a larger architectural firm, would be given to a staff landscape architect. Meier admitted that if a project was particularly complex or if he was short of time, he would hire a consultant to perform landscape architectural services for him.

From Meier's testimony regarding the thirty-three blueprints he presented as exhibits, it appears most of the landscape work Meier performed was done in connection with the construction or modification of a building, although a few of his projects (such as designing and building tennis courts or regrading a parking lot) involved no structure whatsoever. Meier estimated that 15% to 25% of any job he did consisted of landscape architectural services.

Finally, Meier testified that, while he did not use the term "landscape architect" to market his services, his sales approach to potential clients was that of a full service architect, capable of performing all of the services necessary to complete a project, including landscape architecture. Meier stated he wanted to be certified as a landscape architect so that he could compete openly for that sort of work by holding himself out as a "certified landscape architect" and so that he could convince potential clients of the completeness of his services.

The Board heard this evidence and, on October 5, 1983, entered the following pertinent findings of fact, conclusions of law, and order:

"FINDINGS OF FACT

1. Applicant filed his application with the Board for certification as a landscape architect under the grandfather clause on April 8, 1982.

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5. Applicant is a licensed architect in the State of Indiana and has been so licensed for more than twelve (12) years.,

6. In applicant's practice of architecture, he has provided certain services which are included within the definitions of landscape architecture found at IC 25-4-2-1.

7. In applicant's practice of architecture, he has devoted approximately 15-25% of his time to providing those services related to landscape architecture.

8. The amount of time applicant devotes to providing landscape architect services is not greater than the amount of time most practicing architects devote to such services.

9. Applicant has not graduated from an approved curriculum of landscape architecture.

10. Applicant has not had twelve (12) years of actual full time, or substantially full-time experience in landscape architecture.

CONCLUSIONS OF LAW

1. The Board has jurisdiction to hear this case and to decide whether or not applicant meets the qualifications for certifications as a landscape architect under the 'Grandfather Clause.'

2. Indiana Code Section 25-4-2-3 provides that an applicant for certification who has not graduated from an approved college or school may be admitted to the examination upon 'presenting evidence of at least eight (8) years of actual, practical experience in landscape architectural work for a grade and character satisfactory to the board.'

3. Indiana Code section 25-4-2-5 (Grandfather clause) provides that the Board shall accept in lieu of the examination evidence that the applicant has four (4) years experience.

4. Applicants applying under the 'Grandfather Clause' who have not graduated from an approved cirriculum [sic] in landscape architecture must demonstrate a minimum of twelve (12) years of practical experience pursuant to I.C. 25-4-2-3, I.C. 25-4-2-5 and 804 IAC 1.1-2-4.2.

5. Applicant has failed to meet the burden of proving he has twelve (12) years of actual practical experience in landscape architecture.

6. Applicant fails to meet the requirements for certification under the 'grandfather clause' because he possesses less than the required practical experience.

ORDER

Based upon the...