Mississippi Advisory Opinions October 17, 1979: 19791017 (October 17, 1979)

Advisory Opinion Text

Mr. W. W. Easley, II

Mississippi State Board of Architecture

P. O. Box 16273

Jackson, Mississippi 39206

Re: National Council of Architectural Registration Board's Examination for Mississippi Practice

Dear Mr. Easley:

Attorney General A. F. Summer has received your letter of request dated October 10, 1979 and has referred it to me for research and reply.

Your letter stated:

‘Pursuant to our telephone conversation of this date, I submit the following facts concerning the matter of which we spoke in reference to the National Council of Architectural Registration Boards' examination as a means of registering as an architect in the State of Mississippi as we have a candidate who requests reciprocity from a California-Georgia registration as follows:

‘This candidate has not completed the entire National Council of Architectural Registration Boards' written exam. He has, however, been licensed as a designer in the State of California, the equivalent of which does not exist in Mississippi.

‘The National Council of Architectural Registration Board staff has accepted his builder-designer status as an equivalent to a portion of the National Council exam to become an architect.

‘The reading of our law appears to require the passing of the written exam with no provision for any equivalency.

‘May we please have the benefit of your expertise in this matter as the above mentioned candidate has requested a personal audience with this Board on October 18, 1979.’

The rules and regulations for the examination and registration of architects in Mississippi are set forth in Section 73–1–13, Mississippi Code of 1972, as amended. Section 73–1–13 states:

‘The board shall adopt rules and regulations for the eligibility, examination and registration of applicants desiring to practice architecture in accordance with the provisions of this chapter and may amend, modify or repeal such rules and regulations from time to time.

‘The board shall receive applications for registration as an architect only on forms prescribed and furnished by said board, and upon receipt of such application may approve such applicant, providing such applicant meets the following requirements:

‘(a) Either graduation with a professional degree in architecture from a school or college of architecture on the list of accredited schools of architecture issued by the national architectural accrediting board and an additional three (3) years actual engagement in architectural work in the office or offices of a reputable architect or architects; and who have passed the applicable national council of architectural registration boards examination;

‘Or persons who have received a certificate from the national council of architectural registration boards; and who have passed the applicable national council of architectural registration boards examination;

‘Or persons having a minimum of ten (10) years experience in the profession under the supervision of a reputable architect, or architects, in responsible charge of work; and who have passed the applicable national council of architectural registration boards examination;

‘(b) Provided, however, that in the case of an applicant who has already made application for a license prior to April 22, 1976, his application shall be considered and processed in accordance with the law existing prior to April 12, 1976.

‘(d) Also provided, however, that in the case of an applicant who is unable or unwilling to perform the three (3) year actual engagement in architectural work in the office or offices of a reputable architect or architects required in paragraph (a) above shall be eligible to take the applicable national council of architectural registration boards examination after he has demonstrated proficiency in architectural skills by a minimum of three (3) years of practical experience in architectural related work as outlined in a practical work internship program patterned after the national council of architectural registration board intern-architect development program that will be prepared by the dean of the school of architecture of Mississippi State University and approved by the Mississippi State Board of Architects and upon the applicant's receiving a certification from the dean that he has met or exceeded the work requirements of the program. The internship work program shall include but not be limited to the following subjects:

‘(i) design and construction documents;

‘(ii) construction administration;

‘(iii) office management; and

‘(iv) related special activities.’

This section does not indicate any provision for the acceptance of equivalent work or examinations as a substitute for the requirement of the passing of the applicable national council of architectural registration boards examination. Therefore, it is the opinion of this office that absent such a provision allowing the acceptance of equivalent work or examination, the applicable national council of architectural registration boards examination must be passed in its entirety as a means of registering as an architect in the State of Mississippi.

Sincerely yours,

A. F. Summer Attorney General.

Mack Cameron Special Assistant Attorney General.