Definitions Administration Application for Certification
Fees and Revenue Issuance of Certification and Denial Discipline
1.0 DEFINITIONS
1.1 DIVERSIFIED INTERIOR DESIGN EXPERIENCE: The phrase "diversified interior design experience" as used in this Chapter and these Administrative Rules
and Regulations shall be defined as the preparation, or instruction in the preparation, of nonstructural or non-seismic plans which are of sufficient complexity so as to require the skills of a licensed
contractor to implement them, and includes programming, planning, designing, and documenting the construction and installation of nonstructural or non-seismic elements, finishes and furnishings within the
interior spaces of a building, and encompasses the competency to protect and enhance the health, safety, and welfare of the public.
1.2 INTERIOR DESIGN: The term "interior design" as used in this Chapter and these Administrative Rules and Regulations shall be defined as the:
A. Analysis of a client's needs, goals, and life and safety requirements;
B. Integration of findings with knowledge;
C.
Formulation of preliminary design concepts that are appropriate, functional and aesthetic;
D. Development and presentation of final design recommendations through appropriate presentation media;
E.
Preparation of working drawings, plans and specifications for non-structural, non-seismic interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment, that are of sufficient complexity so as to require the skills of a licensed contractor;
F. Coordination with professional services of other licensed practitioners as required for regulatory approval;
G. Preparation and administration of construction and furnishing bids and
contract documents on behalf of a client;
H. Review and evaluation of design solutions after project completion.
1.3 FIRM: The term "firm" as used in this Chapter and these Administrative Rules and Regulations shall be defined as a sole proprietorship,
partnership or corporation engaged in interior design, including individuals, partners or shareholders thereof.
1.4 COLLEAGUE: The term "colleague" as used in this Chapter and the Administrative Rules and Regulations shall be defined as any other individual or
firm engaged in interior design or a related design profession.
1.5 CLIENT: The term ``client" as used in this Chapter and these Administrative Rules and Regulations shall be defined as any individual of entity that
retains a Certified Interior Designer to render interior design services.
1.6 INTERIOR DESIGN EXAMINATION: The phrase "interior design examination" as used in this Chapter and these Administrative Rules and Regulations shall
be defined as:
A.
The Council for Qualification of Residential Interior Designers (CQRID) or, the National Council for Interior Design Qualification (NCIDQ) examination or, both parts of the National Kitchen and Bath Association (NKBA) examination, namely the Certified Kitchen Design (CKD) and the Certified Bath Design (CBD) examinations, or any other examination(s) as determined by the CCIDC board of directors, plus the California Codes and Regulations Examination (CCRE).
B. The California Code and Regulations Examination (CCRE) shall be maintained and administered by the CCIDC Board.
1.7 ACCREDITED INTERIOR DESIGN DEGREE PROGRAM: The phrase "accredited interior design degree program" as used in this Chapter and in these
Administrative Rules and Regulations shall be defined as:
A. An accredited interior design degree means a program accredited by any accrediting agency recognized by the United States Department of Education (USDE).
1.8 ACCREDITED INTERIOR DESIGN CERTIFICATE PROGRAM: The phrase "accredited interior design certificate program" as used in this Chapter and in these
Administrative Rules and Regulations shall be defined as:
A. An accredited interior design certificate means a program accredited by any accrediting agency recognized the United States Department of Education (USDE).
1.9 INTERIOR DESIGN EDUCATION: The phrase "interior design education" shall mean successful completion of
A. A certificate and/or degree program of interior design; or
B. A combination of courses in the following categories:
1. Interior Design/Interior Decoration; 2. Construction Documents; 3. Architecture; 4. Art and Architectural/Design History; 5. Building Codes;
6. Drafting; 7. Computer Aided Design and Drafting (CADD); 8. Graphic Design; 9. Business Practices
The required combination of courses shall be determined by the CCIDC Board.
1.10 INTERIOR DESIGN EDUCATION AND DIVERSIFIED INTERIOR DESIGN EXPERIENCE: For purposes of Business and Professions Code sections 5801, subdivision (c), and
5801.1, an interior designer may be eligible for certification if he/she satisfies the applicable examination requirements and has either the requisite number of years of interior design education or
diversified interior design experience, or a combination of both.
1.11 FULL-TIME AND PART-TIME DIVERSIFIED INTERIOR DESIGN EXPERIENCE:
A.
The phrase ``full-time diversified interior design experience" as used in this Chapter and these Administrative Rules and Regulations shall be defined as experience of the nature described in Section 1.1, above, of thirty-six (36) hours or more per week or eighteen hundred (1800) hours or more per year.
B.
The phrase "part-time diversified interior design experience" as used in this Chapter and these Administrative Rules and Regulations shall be defined as experience of the nature described in Section 1.1, above, of less than thirty-six (36) hours per week or less than eighteen hundred (1800) hours per year. Part-time experience will be considered in proportion to full-time experience.
2.0 ADMINISTRATION
2.1 ADMINISTRATION
A. Name: CCIDC, Inc. (California Council For interior Design Certification)
B. Location of Offices. The principal office of CCIDC, Inc., is located at 1605 Grand Avenue, Suite 4, San Marcos, California 92078.
C. Delegation of Certain Functions.
1. Whenever it is stated in these Administrative Rules and Regulations that the ``CCIDC Board" may or shall exercise or discharge any power, duty, purpose,
function, or jurisdiction, the board of directors of CCIDC, elected and/or appointed in accordance with the corporation's bylaws, specifically has reserved the same for its own exclusive action.
2. Whenever it is stated the "Executive Vice President" may or shall exercise or discharge any power, duty, purpose, function, or jurisdiction, that the
Executive Vice President has the authority to act thereon. The Executive Vice President shall be appointed by the CCIDC Board in accordance with section 5.01.i. of the Bylaws of CCIDC.
3. Any party in interest may appeal to the CCIDC Board for review of the actions and decisions of the Executive Vice President.
4. Nothing herein prohibits the Executive Vice President from re-delegating to his/her subordinates.
5. The power and discretion conferred upon the CCIDC Board to hearing; receive and file notices of defense; determine the time and place of hearings under Article
5 of these Administrative Rules and Regulations; set and calendar cases for hearing; perform other functions necessary to the businesslike dispatch of the business of the CCIDC Board in connection
with proceedings prior to the hearing of such proceedings; make and issue findings of fact; and the certification and delivery or mailing of copies of decisions under Article 5; are hereby delegated
to and conferred upon the Executive Vice President, or to his/her designee.
6. Employees or staff of the CCIDC shall not, while employed by CCIDC, work or otherwise participate in any design, construction, building, or furnishings
industry organizations.
3.0 APPLICATION FOR CERTIFlCATlON
3.1 QUALIFICATION AND APPLICATION.
A. In accordance with Business and Professions Code, section 5801, the CCIDC shall, upon written request, provide any Certified Interior Designer with a stamp,
certificate and identification card which shall bear the name of and include a number identifying that Certified Interior Designer. The stamp, certificate and identification card certifies that the
interior designer has provided CCIDC with evidence of passage of an interior design examination approved by CCIDC and any of the following:
1. He/she is a graduate of a four or five-year accredited interior design degree program, and has two years of diversified interior design experience; or
2. He/she has completed a three-year accredited interior design certificate program, and has three years of diversified interior design experience; or
3. He/she has completed a two-year accredited interior design certificate program, and has four years of diversified interior design experience; or
4. He/she has a combination of interior design education and/or diversified interior design experience totaling eight years or more.
B. Applicants shall be required to submit with their applications for certification a signed acknowledgment of the Code of Ethics and Professional Conduct.
(By unanimous motion on May 6, 2006, the CCIDC board rescinded item “C):
C. Applicants shall be required to submit three references with their applications for certification. The references shall meet the following requirements:
1. At least two of the references must be from one or more industry professionals in the following categories:
a. Certified Interior Designer. b. Licensed Architect. c. Registered Engineer.
d. Licensed contractor affiliated with the construction industry. e. Licensed Landscape Architect.
2. Personal reference (one reference).
D. Applicants shall be required to submit the following as evidence of Educational and/or Interior Design Experience and passage of the required examinations:
1. Copy of college transcript and/or technical school records with official seal.
2. Completed Application for Certification listing diversified interior design experience.
3. Completed verification form signed by an official of the examining body for a) the CQRID exam, b) or the NCIDQ exam, or c) both parts of the NKBA exam,
verifying passage of one of these required examinations, plus passage of e) the CCRE which will be provided by CCIDC.
E. Applicants shall provide a copy of their driver’s license with photo, with their application for certification;
F. Applicants shall be required to complete any portions of the application for certification disclosing any and all criminal convictions in any jurisdiction,
including but not limited to the time and place of the incident resulting in the conviction and the nature of the conviction. The Applicant, however, may also submit along with the application for
certification an explanation of the criminal conviction for the Board’s review along with the application for certification.
3.2 DURATION AND RENEWAL OF CERTIFICATION.
A. Expiration of certification and renewal of unexpired certification. All Certificates issued under Chapter 3.9 of the Business and Professions Code shall expire
twenty-four (24) months after the issue date. Certification shall remain in full force and effect until revoked or suspended for cause, or until expiration, and shall be renewable every two (2) years. To
renew an unexpired certificate, the Certified Interior Designer shall, on or before the expiration date of the certification, apply for renewal on a form prescribed by the Board and pay the renewal fee.
B. Renewal of expired certification. Except as otherwise provided herein, a certificate which has expired may be renewed at any time within five (5) years after its expiration by filing an application for renewal on a form prescribed by the Board. and paying the renewal fee in effect. If the certification is renewed more than thirty (30) days after its expiration date, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee as set forth in section 3.4.A. Renewal shall be effective on the date the application is received by CCIDC, the date the renewal fee is paid, or the date the delinquency fee, if applicable, is paid, whichever last occurs. If so renewed, the certification shall continue in effect through the date provided, when it shall expire if it is not again renewed. Upon renewal of certification as provided above, the Board shall issue to the Certified Interior Designer a new identification card and stamp setting forth the next expiration date.
C. Failure to renew an expired certification within one (1) year after initial A Certificate, which is not renewed with one (1) year
after its initial expiration may not thereafter be renewed, restored, reissued, or reinstated. The holder of the certification may, however, apply for re-certification and obtain a new certificate if:
1. No fact, circumstance, or condition exists which, if the certification were issued, would justify its revocation or suspension;
2. The applicant pays all of the fees which would be required of the applicant if the applicant were then applying for the certification for the first time; and
3. The applicant takes and passes the current California Code and Regulations Examination (CCRE). (Section 3.2.C was revised by the Board on Jan. 29, 2005)
D. Inactive certification status. A Certified Interior Designer may at any time request that his/her certification be placed on inactive status by serving written
notice to the board prior to the expiration of his/her certification. The board shall at its discretion determine the terms and conditions under which such request will be granted. The fee for “inactive”
status shall be $25.00 per year, or as determined by the board, and will be billed annually. A Certified Interior Designer on inactive status is still required to provide continuing education (CEU)
requirements of .5 (5 hours) per year.
3.3 CERTIFlCATION BY RECIPROCITY
A. An applicant for certification by reciprocity shall furnish proof satisfactory to the Board that:
1. The applicant is legally recognized and in good standing as an interior designer in a jurisdiction of the United States or Canada with requirements that are
substantially equivalent to the requirements of Chapter 3.9 of the Business and Professions Code governing Certified Interior Designers in this state; and
2. Provides evidence of passage of the California Codes and Regulations Examination (CCRE), or equivalent as determined by the CCIDC Board.
3.4 FEES AND REVENUE. (Section 3.4 Fees and Revenue revised by the Board on October 19, 2007)
A. Fee Schedules, Penalties, and Delinquency Fees.
The renewal fees shall be fixed in accordance with the following schedule:
1. The fee for the initial two (2) year certification shall be four hundred dollars ($400), which includes a one-time nonrefundable one hundred fifty dollar
($150) application and processing fee.
2. The fee for a replacement certificate shall be $50.00, an I.D. card shall be $35.00, and a stamp shall be $75.00 each.
3. The biannual renewal fee shall be two hundred-fifty dollars ($250).
4. The penalty for failure to notify the Board of a change of preferred mailing address within sixty (60) days from an actual change in address shall be fifty
dollars ($50).
5. The reactivation fee for an expired certificate shall be one hundred dollars ($100) at the time of the application for renewal.
B. Appropriation of Fund. All revenues earned by the California Council for Interior Design Certification Fund is continuously appropriated to the Board for
expenditure in the manner prescribed by these Administrative Rules and Regulations to defray the expenses of the CCIDC Board. .
4.0 ISSUANCE OF CERTIFICATION
4.1 ISSUANCE OF CERTIFICATION A. Upon proof having been made to the satisfaction of the Board that the qualified applicant has passed the required
examination and payment of the certification fee prescribed by Section 3.4, the Executive Vice President shall issue certification to the applicant showing that the person named therein is a Certified
Interior Designer in the state of California.
4.2. GROUNDS FOR DENIAL OF APPLICATION FOR CERTIFICATION
A. The CCIDC Board may deny or refuse to issue certification to any applicant who does not meet the criteria established by these Administrative Rules and Regulations,
and Chapter 3.9 of the Business and Professions Code, as they now exist or as may be hereinafter adopted by the CCIDC Board or the California legislature.
B. The CCIDC Board may deny or refuse to issue certification to any applicant who has, in the Board's determination upon review of evidence of same, committed any
act, or omission, which if committed by a Certified Interior Designer, would constitute grounds for disciplinary action under these Administrative Rules and Regulations.
4.3 RECORDS; INDEX
A. The Board shall keep a record of the names and addresses of all Certified Interior Designers and such additional personal data as the Board may determine to be
appropriate. The board shall maintain a proper index and record of each certification issued.
B. The CCIDC Board and legal counsel shall develop policies and rules regarding disclosure of confidential information concerning individual Certified Interior Designers
to the public.
4.4. DURATION OF CERTIFICATION
A. Certification is renewable every two (2) years.
B. Certification shall remain in full force and effect until revoked or suspended for cause, or until expiration.
4.5 REPLACEMENT OF LOST CERTIFICATES, STAMP OR IDENTIFICATION CARD
A. A replacement certificate, stamp or identification card, in place of one that has been lost, destroyed, or mutilated, shall be issued upon proper application, subject
to the rules and regulations of the Board. A replacement fee fixed by Section 3.4 shall be charged.
4.6 CHANGE OF ADDRESS; NOTICE; PENALTY
A. Each Certified interior Designer shall notify the Executive Vice President of CCIDC of any change of preferred mailing address. A penalty as fixed by Section 3.4 shall
be paid by a Certified Interior Designer who fails to notify the CCIDC office within sixty days (60) after a change of address.
4.7 USE OF STAMP AND SIGNATURE ON PLANS
A. Each Certified Interior Designer will, upon certification, receive a stamp of the design authorized by the CCIDC Board. Each Certified Interior Designer shall sign,
date, and indicate his/her certification number on all plans, specifications, and other instruments of service and contract documents prepared for others.
4.8 USE OF TITLE CERTIFIED INTERIOR DESIGNER
A. The individual certified interior designer may use the title Certified Interior Designer and his/her certification number in conjunction with his/her name. The title
and number shall not be used with a business or corporate name. Nor may the title be used if the individual's certification has been suspended or revoked. Failure to comply with this section constitutes
grounds for disciplinary action.
B. The Board may bring an action to enjoin an individual from using the title Certified Interior Designer or impersonating a Certified Interior Designer if that
individual is not in fact a Certified Interior Designer, or his/her certification is not active and in good standing.
5.0 DISCIPLINE
5.1 INVESTIGATIONS: SUSPENSION OR REVOCATION OF CERTIFICATION The Board may, on its own motion, or upon receipt of a verified written complaint from any person,
investigate the actions of any Certified Interior Designer or any individual whose certification has been suspended or revoked, and may revoke, or suspend for a period of not more than two years the
certification of any such Certified Interior Designer who is guilty of any one or more of the acts or omissions constituting grounds for disciplinary action under these Administrative Rules and Regulations.
5.2 TIME FOR DISCIPLINARY ACTION: LIMITATION
A. All complaints against a Certified Interior Designer shall be filed within two (2) years of the occurrence of the alleged act or omission giving rise to possible
disciplinary action, except that a complaint alleging a violation of Section 5.6 may be filed within two (2) years after the discovery by the Board of the facts constituting the alleged fraud or
misrepresentation prescribed by Section 5.6.
B. Any complaint not filed within the time provided in this section shall be barred, and no action against a Certified Interior Designer shall be commenced under the
provisions of this Article 5.
5.3 POWERS AND PROCEEDINGS BY THE BOARD
A. This section is to be developed by the Certification Board and legal counsel and shall be consistent with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code (Sections 11500 to 11528).
5.4 EXPIRATION OF SUSPENDED OR REVOKED CERTIFICATION RENEWAL
A. A suspended certification is subject to expiration and may be eligible for renewal as provided in section 3.2. Notwithstanding a renewal of certification, any
suspension shall remain in effect. Such renewal does not entitle the holder of the certification, while it remains suspended, to use the title privilege to which the certification relates.
B. A revoked certification is subject to expiration as provided in this article and may not be renewed. If it is reinstated, as determined by the CCIDC Board, after its
expiration, the holder of the certification, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date
before the date on which it is reinstated, plus the reactivation fee, if any, accrued at the time of its revocation.
5.5 VIOLATION AS GROUNDS FOR DISCIPLINE IN GENERAL
A. The fact that the holder of a certification is in violation of any of the provisions of these Administrative Rules and Regulations or Code of Ethics and Conduct
constitutes grounds for disciplinary action.
5.6 FRAUD IN OBTAINING CERTIFICATION
A. The fact that the holder of a certification has obtained the certification by fraud or misrepresentation constitutes a ground for disciplinary action.
5.7 FRAUD IN PERFORMANCE AS CERTIFIED INTERIOR DESIGNER
A. The fact that the holder of a certification has been found by a court or other forum of competent jurisdiction to have been guilty of fraud, deceit, or breach of
contract, constitutes grounds for disciplinary action.
5.8 NEGLIGENCE OR WILLFUL MISCONDUCT.
A. The fact that the holder of a certification has been found by a court or other forum of competent jurisdiction to be guilty of negligence or willful misconduct
constitutes grounds for disciplinary action.
5.9 INCOMPETENCE
A. The facts that the holder of a certification has been found guilty of gross incompetence by a court or other forum of competent jurisdiction constitute grounds for
disciplinary action.
5.10 SIGNING OTHERS' PLANS OR INSTRUMENTS; PERMITTING MISUSE OF NAME
A. The fact that the holder of a certification has affixed his/her signature, or stamp, or has permitted the use of his/her name to, or on plans, drawings,
specifications, or other instruments of service not prepared by him/her or under his/her immediate and responsible direction, or has permitted his/her name, signature, or stamp to be used for the purpose of
assisting any person, not a Certified Interior Designer, to evade the provisions of this section, constitutes a ground for disciplinary action.
5.11 NOTIFICATION ISSUANCE; CONTENTS; SERVICE; REVIEW OF VIOLATION; FINDINGS OF FACT
A. The Board may, upon receipt of a verified written complaint, or on its own motion, review and investigate any actions and alleged violation(s) of any Certified
Interior Designer, or Non-certified Interior Designer. The CCIDC Board, or its authorized representative, may contact the Certified Interior Designer to discuss and resolve the alleged violation. Upon
conclusion of the review, the Board's authorized representative shall prepare a finding of fact and a recommendation based upon the finding to which the CCIDC Board shall give due consideration in
determining whether probable cause for disciplinary action exists. If, upon completion of such review and investigation, the CCIDC Board has probable cause to believe that a Certified Interior Designer or a
Non-certified interior designer has violated the provisions of this Article 5.0, they shall so notify such individual in writing ("Notification"). Such Notification shall be in writing and shall
describe with particularity the nature of the alleged violation, including a reference to the provision of this Article 5.0 alleged to have been violated. The Notification shall be served upon the Certified
Interior Designer or Non-certified interior designer by registered mail.
5.12 CONTEST OF NOTIFICATION PROCEDURE
A. If a Certified Interior Designer or an Non-certified interior designer desires to contest a Notification he or she shall, within ten (10) business days after service of
the Notification notify the Executive Vice President of CCIDC in writing of his/her request for an informal conference with the Executive Vice President, or his/her designee. The Executive Vice President or
his/her designee shall, within sixty days (60) from the receipt of the request, hold an informal conference, at the conclusion of which he/she may affirm, modify, or dismiss the Notification. The Executive Vice
President or his/her designee shall state with particularly, in writing, his/her reasons for such action, and shall immediately transmit a copy to each party to the original complaint.
1. If the Certified Interior Designer or Non-certified interior designer desires to contest a decision made after the informal conference, he/she shall inform the
Executive Vice President of CCIDC in writing within ten (10) business days after he/she receives the decision resulting from the informal conference.
B. If the Certified Interior Designer or Non-certified interior designer fails to notify the Executive Vice President of CCIDC in writing that he/she intends to contest the
Notification or the decision made after an informal conference within the time specified in this section, the Notification or the decision made after the informal conference shall be deemed a final order of the
Board and shall not be subject to further administrative review.
C. Where a Certified Interior Designer or a Non-certified interior designer has in a prescribed manner notified the Executive Vice President of his/her intent to contest the
decision made after the informal conference, the Executive Vice President shall afford an opportunity for a hearing. The Board shall thereafter conduct a hearing and receive evidence and/or testimony in support
or denial of the complaint. Based on its review of the evidence and/or testimony presented at the hearing and its findings of fact, the Board shall issue a decision affirming, modifying, or vacating the
Notification, or directing other appropriate relief which shall include, but not be limited to, an order that a Certified Interior Designer's or an Non-certified interior designer's failure to comply with any
provision of the Board's decision constitutes grounds for suspension, denial or revocation of certification. The Board's decision after hearing shall be final.
D. The rights of any Certified Interior Designer to appeal the Board’s final decision shall be subject to applicable laws, including but not limited to the one year statute
of limitations outlined in Sections 5340, 5341, 7340 or 7341 of the California Corporations Code.
|