A landscape architect plays a vital role in our community and society. These professionals help design aesthetically pleasing and functional public spaces, structures, and buildings you see around you, including gardens, playgrounds, parks, bridges, college campuses, walkways, and residential buildings.

However, not every person qualifies to work as an architect. Securing a practice license to work as an architect requires several skills, experience, and dedication. Unfortunately, you can easily lose your architect license when a dissatisfied client files a complaint against you with the licensing board.

Even an alleged violation could jeopardize your practice license, causing the loss of money, time, and other valuable resources you have invested to establish yourself as a credible architect. However, our skilled attorneys at Riverside License Attorney would gladly work with you to craft defenses to protect your license and reputation.

Valuable Roles of a Modern Architect

Caring for our environment to ensure it is habitable and functional is our duty as human beings. However, because of the busyness of our daily lives, doing so can sometimes be overwhelming. Luckily, modern architects are here to save our day and ensure our environment and landscape are as functional and aesthetically pleasing as we want.

These trained experts make decisions and create designs that make our environment livable and attractive. When you stroll through the city, you can see a variety of structures and buildings expertly designed by skilled and licensed architects. These professionals help beautify our private, public, and residential spaces. Additionally, modern architects also help:

  • Create structurally sound urban landscapes
  • Create construction technologies that meet current demands
  • Revitalize communities
  • People preserve their cultural heritage by carefully blending historical preservation with modern requirements

Today's architects contribute to global problem-solving, including climate change and urbanization. For example, these valuable professionals also help create eco-friendly and energy-efficient establishments with sleek insulation systems and renewable energy sources to help reduce people's carbon footprints.

While many individuals are awed by the results of your skills and creativity as a modern architect, a dissatisfied client could file a complaint against you with the California Architect Board (CAB). When that happens, the licensing board could suspend or revoke your license if there is sufficient evidence against you.

Working with a seasoned attorney is key to protecting your architect license if you are under investigation for an alleged violation or misconduct. Regardless of your case’s facts, a skilled attorney can help you navigate the confusing disciplinary process and craft the best defenses to help you secure a favorable outcome.

The CAB’s Mission and Responsibilities

The CAB is the agency that regulates and preserves the architectural profession. Formed in 1901 to help protect public welfare, safety, and health, the CAB ensures all licensed architects comply with the required ethical code and professional standards.

The CAB is also responsible for setting all the requirements a person needs to secure and maintain an architect license, including experience and educational prerequisites. By establishing these strict standards, the CAB ensures that only licensed and qualified people can offer architectural services.

In addition to licensing, the CAB achieves its mission of protecting the public's safety, welfare, and health by enforcing architectural standards and rules that licensed architects must comply with. They do this by:

  • Investigating alleged violations and complaints against licensed architects
  • Conducting disciplinary proceedings to allow you to challenge the allegations you are up against
  • Taking appropriate disciplinary action against you if the allegations you are up against are true beyond a reasonable doubt

Depending on your unique case specifics and facts, the board could take various disciplinary actions against you, including paying a fine, license suspension, or revocation. Increasing public awareness of the architectural profession is another crucial duty of the CAB. They do that by conducting public outreach to inform the public of what to anticipate from a licensed architect and how to verify his/her credentials.

While the CAB’s core mission is to protect the public's safety, health, and welfare, it does not mean it is against you, meaning the board cannot take disciplinary action against you without investigating the case. Once the board receives a complaint against you from your client, colleague, or law enforcement officer, it will appoint investigators to investigate the matter.

Typically, the board will prioritize cases that merit investigation and involve egregious conduct. However, that does not mean the CAB will not investigate your case, even if it involves a minor violation or misconduct. While sometimes the investigators could conduct a sting operation on your case, in other cases, they will inform you once the investigation begins.

When the board sends you a Notice of Investigation, you should immediately speak with a skilled attorney to prepare your defense response for the best possible outcome. An experienced attorney can take up a case anytime and increase your chances of achieving the best result.

Common Allegations or Complaints That Could Compromise Your Architect License

As a licensed architect, you need to be aware of violations or allegations that could attract the CAB’s disciplinary actions, and they include (but are not limited to) the following:

  • Discrimination in your services
  • Fraud-related cases
  • Allowing unlicensed or an unqualified assistant to work illegally under you
  • Unprofessional conduct
  • Willful misconduct or recklessness
  • Negligence or incompetence in your duties
  • Substance and alcohol abuse, especially at work
  • Securing your architect practice license fraudulently
  • Particular criminal offenses
  • Violation of the CAB’s professional and ethical code

The penalties you will face if you are under investigation for any of the above violations will depend on the specifics of your case. However, with aggressive legal representation, you could challenge the above allegations to secure a dismissal of your case or a lighter disciplinary action.

Your attorney can achieve that by exposing the weakness of the board's evidence, arguments, and testimonies against you during the administrative hearing. While not every case will require an administrative hearing, some will do to challenge the allegations you are up against.

When the board sends you a notice to inform you of a scheduled administrative hearing, your attorney can help you prepare for the proceedings and defenses to challenge the allegations you are up against. Your possible penalties or disciplinary actions for minor offenses or violations could include a letter of reprimand, fine, or citation.

While these disciplinary actions are non-serious, you should do your best to avoid them because they can create a detrimental public record, affecting your reputation as an architect. For serious cases, your disciplinary action could include license suspension or revocation.

That means during your license suspension or revocation period, you cannot continue offering your architectural services, which can significantly affect your source of income and livelihood. Listed below are factors that could affect your case outcome during the administrative hearing before an administrative law judge (ALJ):

  • Whether you have a disciplinary record
  • Whether you accept the alleged violation or misconduct
  • The nature and seriousness of your violation
  • Whether the public or your client has suffered financial loss or physical injury
  • Whether you have received rehabilitation since your misconduct or violation incident
  • Whether you have any criminal charge conviction for an offense that is linked to your job as an architect
  • Your attorney's mitigating arguments

Criminal Charges and Your Architect Practice License

In addition to complying with the CAB's work standards and ethics code, you must do your best to avoid criminal charges because allegations could attract special restrictions on your architect license. The CAB could revoke your practice license if you are under arrest or convicted of a criminal charge directly related to your ability to offer architectural services.

A revocation is the most grave disciplinary action you can expect in this case. The minimum disciplinary action could include a five-year license probation or a stay of revocation with a license suspension of up to ninety (90) days. If you have any pending criminal charges in court, the judge could request the CAB to restrict your architectural practice license as a condition for your release from jail on bail.

Examples of criminal charges that could make the CAB restrict your architect license include the following:

  1. Driving Under the Influence (DUI)

Vehicle Code (VC) 23152 makes it a criminal offense to operate a vehicle while under the influence of drugs or alcohol. The possible penalties you will receive for a VC 23152 violation will depend on the drug you had in your system and whether you are a first-time offender. While it is a misdemeanor, a VC 23152 violation conviction could attract felony penalties in serious cases.

  1. Sexual Battery

You commit the offense of sexual battery when you touch another person's private or intimate body parts without his/her consent for sexual arousal, gratification, or abuse. While the offense is typically a misdemeanor, the prosecutor could file it as a felony if the person (victim) was medically incapacitated, unconscious, or restrained.

  1. Petty Theft

According to Penal Code (PC) 484(a), you commit a petty theft offense when you illegally take or steal another person's property worth $950 or less. When charged with a petty theft offense under this statute, you should expect misdemeanor penalties upon conviction.

  1. Insurance Fraud

According to PC 550, you commit insurance fraud when you knowingly submit fraudulent insurance claims to receive payment you do not deserve. Below are examples of acts that could attract insurance fraud charges:

  • Exaggerating the severity of your injuries
  • Submitting multiple insurance claims for a similar loss
  • Exaggerating the cost of your vehicle repairs

The prosecutor will file a PC 550 charge as a felony, meaning your penalties upon conviction could be serious and life-changing.

  1. Possession of a Controlled Substance

Health and Safety Code (HS) 11350(a) makes it illegal to have controlled drug substances in your possession, including prescription drugs and street narcotics, like marijuana and peyote. Also known as simple possession, an HS 11350(a) charge conviction could attract misdemeanor penalties upon conviction.

Other common criminal offenses related to your qualifications and services as a licensed architect include the following:

  • Possession of a controlled substance for sale under HS 11351
  • Sale and transportation of a controlled substance under HS 11352
  • Domestic violence under PC 243e and PC 273.5
  • Rape under PC 261
  • Assault under PC 240

If you are under arrest or investigation as a suspect in any of these crimes, retaining the services of an attorney is vital. In addition to helping you avoid the possible legal penalties or securing a lighter sentence, your attorney's legal assistance is critical to avoid potential disciplinary actions by the CAB if you are a licensed architect.

How to Secure Reinstatement of Your Architect License After Revocation

If the offense or violation was grave, leading to revocation of your architect license, your attorney can help you secure reinstatement after a certain period. The CAB will require you or your attorney to complete particular paperwork to secure reinstatement of your license. A special court hearing could also be necessary to determine whether you qualify to have your practice license back.

Due to the legal complexities of these cases, having an attorney in your corner is advisable for the best possible outcome. Similarly, when the CAB denies your application for an architect license, all hopes are not lost. With the legal assistance of your attorney, you can determine the reason for the denial and file a reapplication to secure an architect license and offer your architectural services legally.

Find a Reputable License Attorney Near Me

When you face any criminal charge, you should understand the repercussions that a “guilty” plea or conviction could have on your professional license as an architect. A conviction for a criminal charge unrelated to your professional duties as an architect could seem to have no connection with your architectural services.

However, that conviction can still have detrimental consequences for your architect license. Whether the allegations you are up against are due to a minor mistake you committed or you are a victim of false allegations, our attorneys at Riverside License Attorney can help. We invite you to call us at 951-404-0569 to discuss your case with one of our credible attorneys as soon as possible.

We will aggressively challenge the allegations you are up against to secure a dismissal of the case or a lighter disciplinary action that allows you to keep your architect license.