As an architect, you fuse science with art to produce exceptional architectural designs. Usually, it will take you years and huge amounts of money to secure the knowledge and skills for the profession. Skills and talent are combined to provide structurally proper neighborhoods and skylines, which keep the people safe. Integrity is vital when obtaining and retaining new clients. Sadly, a minor error can lead to a client complaint due to the high stakes in architecture. This can negatively impact your architect’s profession. You should seek the services of an experienced license attorney if you are facing a threat that can affect your professional license. If you are an architect under board investigation or facing disciplinary action, the Los Angeles License Attorney can help.
Services Provided By Architects
There are so many skylines and other structures in California neighborhoods and cities that certified, skilled architects design. These experts give communities and cities color and life by carefully designing buildings and supervising their construction for the best possible outcomes.
Architects focus on structural soundness, aesthetics, efficiency, functionality, and safety, however tricky it is to achieve these goals. Local leadership, such as municipalities, has strict building rules you must navigate when planning and building structures. Sometimes, contractors and clients also have a choice when delivering projects. In this situation, an architect must balance the municipality’s structural requirements and the client’s choice, a duty that is not without its challenges.
It will take you years of education and training to become a licensed architect. You will be required to undergo a lengthy and expensive licensing process after completing your studies. Unfortunately, there is no guarantee of licensure because the architect board does not issue licenses to every applicant. The board is often cautious and considers different factors specific to applicants when approving licenses.
It would be disappointing to lose your license after working hard to meet the board’s conditions for obtaining a valid license. Sometimes, minor mistakes can cause this to happen. Your license could be at risk due to structural problems with buildings during construction or after they are completed. You risk losing your license even if the at-fault party is the contractor. A client or contractor can disregard your instructions or blueprint to meet their preferences. This often leads to structural issues that make buildings unsafe for the public. Sometimes architects make mistakes because humans are prone to error. These mistakes can attract serious repercussions, including license withdrawal or cancellation.
The Architect Board’s Mission
The board is mandated to approve license applications, but it does not prioritize protecting architects; it primarily focuses on protecting the public. The board’s purpose is to ensure that buildings meet the industry-standard structural and safety standards to protect people. Architects must understand the board’s mission and support its work. Unfortunately, the board focuses more on the consumers of the architects’ services. This leaves architects vulnerable, even to accusations of crimes they did not commit. If you face accusations of misconduct or negligence, you should hire a licensed attorney to defend your license.
The board achieves its mission by setting rules and standards that all license applicants must comply with before licensure. It does this mainly to regulate the industry. You could face disciplinary measures if you violate industry codes, including the suspension or revocation of your license or the issuance of compliance deadlines.
Similarly, the public and other industry stakeholders, including co-workers, can file complaints against you. The board’s enforcement staff will evaluate the allegations to establish if they can be substantiated. The following are members of the enforcement staff:
- The office of the Attorney General
- The Division of Investigations (DOI)
- An agency-contracted consultant architect
The enforcement will drop allegations that cannot be substantiated and continue with those that can be proven. Substantiated claims will be forwarded to the Division of Investigations for further investigation. The contracted consultant architect is mandated to investigate technical accusations. The office of the Attorney General will review all the allegations if further investigations prove misconduct. The Attorney General will determine if the evidence gathered is enough to initiate disciplinary measures.
Investigations into your violations could involve a sting operation. Sometimes, the enforcement staff can reach out to you to inquire about a certain incident. You should not respond to these questions before consulting your license attorney. An attorney can help you avoid providing self-incriminating information. The Attorney General could drop the allegations against you if it is established that investigators do not have enough evidence. You can only face charges and disciplinary measures if there is substantial evidence.
Consult a competent criminal defense attorney who comprehends licensing cases, whether you have been served with an allegation or investigation notice. An attorney can help you protect your livelihood and license.
Allegation Process
Settling the problem with the involved parties is important upon receiving an allegation. In a settlement, you should accept that you have made a mistake and that you understand the punishment you should face for the offense. A guilty plea and relevant penalties will be recorded in a legal contract, ‘’the settlement’’. This agreement will be forwarded to the licensing board for approval and implementation. However, you should consult your attorney before agreeing to a settlement. The attorney will determine whether the settlement is favorable and will not affect your license and reputation.
Your case will proceed to an administrative process if the settlement is unfavorable and no agreement is reached. An administrative law judge will preside over this case. The judge will assess the accusations, issue a decision, and propose a punishment to the board for review and adoption. Sometimes, the board might not agree with the judge’s proposal. The board members will request administrative proceeding transcripts if the proposal is rejected. They will scrutinize the records and issue a ruling.
The law allows you to seek a mandate writ or reconsideration with the California Superior Court if you are not satisfied with the ruling of the board. Your case and the board’s ruling against you are often public records. Prospective and existing clients can access these records, which can significantly taint your reputation and profession. Your case can last one to two years in court. You should seek the services of an experienced license attorney immediately after learning that you are being investigated. An attorney will help you avoid a temporary license suspension. You will be allowed to continue providing your services and earn a living as your case continues.
Some Of The Common Violations
The enforcement staff often investigates allegations and imposes penalties on licensed and unlicensed architects who have failed to comply with industry rules and standards. Some of the violations that clients can report to the board include:
Practicing Without A License
Under California Business and Professions Code 5536(a), unlicensed architects are prohibited from offering architectural services. This law prohibits using the title “architect” if you do not have a valid license. It also prohibits using a licensed architect’s stamp or distributing business cards. You are also required not to show signs that you are an architect.
Failing To Complete The Requisite Continuing Education On Disability Access
Persons with disabilities should be able to access the structures you design. The board is mandated to ensure you have the skills to meet the disability access needs for building designs. It does this by imposing several hours of continuing education on architects. You must show the board that you meet this requirement every time you renew your license.
Intentional Misconduct And Negligence
You are required to offer your services in accordance with industry standards. Any negligence or intentional misconduct can attract severe penalties. Negligence consists of failing to meet the requisite industry standards in the design of a building. You may violate municipal codes and regulations. Intentional or willful misconduct means deliberately breaking the law. This offense is more serious than negligence and carries harsh penalties. You could be guilty of willful misconduct if you stamp or sign a deficient building plan. The board can also revoke or suspend your license if you obtain money without providing services and leave a project incomplete after being paid.
The other potential violations include:
- Failing to meet the conditions of a written contract
- Fraudulently securing the architect’s license
- Having a guilty ruling for an offense related to your career
- Substance use while at work
- Permitting unlicensed architects to work illegally
- Having a conflict of interest in a project you are working on
- Committing fraud of any kind
- Unprofessional conduct, and
- Discrimination
The Administrative Proceeding
The Office of Administrative Hearings (OAH) deals with all license disciplinary matters, including professional license issues involving:
- Architects
- Insurance brokers
- Physicians
- Engineers, and
- Dentists
The disciplinary process starts with an allegation. Your colleague or client can report you to the board for committing an offense. The board will send you an allegation once the enforcement staff substantiates the accusation. You can request an administrative hearing upon receiving the statement of issue. Once you do this, your case will be forwarded to the OAH for a hearing. The administrative law judge will have authority if your case reaches this office until the claimant drops the allegations or the judge rules.
The hearing will take place in a courtroom in one of the OAH offices. However, if you are in a remote area, the hearings can take place in any silent room with enough seats and tables.
Only the judge is allowed to make proposals during an OAH hearing, unlike in a typical court, where the judge’s ruling is final. The administrative law judge will forward the proposals to the relevant state agencies, including the California Architect Board, for adjustment, rejection, or adoption. The board will rely on its investigation to make a final ruling if it rejects the judge’s proposal.
Sometimes, accused professionals assume that OAH proceedings are informal because they are different from criminal proceedings. This often makes most of them represent themselves, which is a wrong decision. Most accused professionals face unfavorable outcomes solely because they take on these allegations. You should prepare thoroughly and understand the court procedures before attending the hearings. Consult an attorney with experience in architect license defense. The attorney will develop a plan for the proceedings and prepare a strong defense to achieve a fair outcome.
An experienced license attorney will do all the work, including carrying out an independent investigation, cross-examining witnesses, and arguing in your defense. The attorney will also poke holes in the evidence submitted against you.
You will go for a shorter OAH hearing if a minor violation is involved. You can settle the issue with a fine, a warning letter, or a citation as a punishment. These are the most lenient punishments you can face for an offense, even if they can still taint your reputation. Your fine can be reduced to a private citation or warning if your attorney presents mitigating factors.
Architect License Probation
Suspension and revocation are the most severe punishments you can face. A suspension will bar you from practicing for a while, while a license reinstatement is not guaranteed after a revocation. If this happens, you will be forced to change your profession. However, with the help of a license attorney, you can negotiate with the board to have your revocation or suspension reduced to probation. Probation will allow you to continue providing your services during the probationary period, although under supervision.
A good license attorney can also negotiate for a short probationary term and lenient probation conditions. It would be challenging to follow probationary terms if they are strict and lengthy.
Reinstatement Of The License
You need an attorney to help you seek license reinstatement, as it is a long and complicated process. According to Business and Professions Code 5573, your license can be reinstated if you show that you have adhered to all conditions imposed by the board. This includes license renewal at the time of suspension. However, you will not be allowed to practice even if you renew your license during withdrawal unless you first seek reinstatement.
Find a Competent License Defense Attorney Near Me
Working as an architect is a rewarding career, but it also comes with some challenges. You could be accused of professional misconduct or negligence, and risk your professional license. You should contact an attorney immediately after you learn about a complaint against you. At the Los Angeles License Attorney, we have competent attorneys who can help you defend your license. Contact us today at 424-554-1140 to speak to one of our attorneys.
