Section § 5510

Explanation

This law establishes a group called the California Architects Board within the Department of Consumer Affairs, consisting of 10 members. It makes clear that any legal mentions of the California Board of Architectural Examiners now refer to this board. The board's existence and the law itself are set to expire on January 1, 2029, at which point it will be reviewed by state policy committees.

There is in the Department of Consumer Affairs a California Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Section § 5510.1

Explanation

This section explains that the board is responsible for overseeing the practice of architecture to protect the public's health, safety, and welfare. The board sets the basic qualifications and standards architects must meet and ensures that any violations are fairly addressed to protect consumers.

The Legislature finds and declares that it is the mandate of the board to regulate the practice of architecture in the interest and for the protection of the public health, safety, and welfare. For this purpose, the board shall delineate the minimum professional qualifications and performance standards for admission to and practice of the profession of architecture. The board shall establish a fair and uniform enforcement policy to deter and prosecute violations of this chapter or any rules and regulations promulgated pursuant to this chapter to provide for the protection of the consumer.

Section § 5510.15

Explanation

This law establishes that the main priority of the California Architects Board is to ensure the public is safe. If there's a conflict between keeping the public safe and other goals or interests, public safety must come first.

Protection of the public shall be the highest priority for the California Architects Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 5514

Explanation

This section outlines the composition of a board consisting of 10 members: five must be architects who have been licensed and practicing in California for at least five years, and the other five are public members who are not licensed by the board. This arrangement has been in effect since January 1, 1988.

The membership of the board shall be composed of 10 members, five of whom shall be architects and five of whom shall be public members.
The five professional members of the board shall be selected from architects in good standing who have been licensed and in practice in this state for at least five years at the time of appointment, all of whom shall be residents and in practice in California.
The public members of the board shall not be licensees of the board.
This section shall become operative on January 1, 1988.

Section § 5515

Explanation

This section outlines the rules for appointing members to a board. Each member serves for four years or until a successor is appointed, but no longer than one year after their term ends. Members can't serve more than two consecutive terms. If a position becomes vacant before the term is up, it is filled for the rest of that term. Appointments expire on June 30 of the fourth year after the previous term ended. The Governor appoints three public and five licensed members, while the Senate Rules Committee and the Speaker of the Assembly each appoint one public member.

(a)CA Business & Professions Code § 5515(a) Every person appointed shall serve for four years and until the appointment and qualification of their successor or until one year has elapsed since the expiration of the term for which they were appointed, whichever occurs first.
(b)CA Business & Professions Code § 5515(b) No person shall serve as a member of the board for more than two consecutive terms.
(c)CA Business & Professions Code § 5515(c) Vacancies occurring before the expiration of the term shall be filled by appointment for the unexpired term.
(d)CA Business & Professions Code § 5515(d) Each appointment shall expire on June 30 of the fourth year following the year in which the previous term expired.
(e)CA Business & Professions Code § 5515(e) The Governor shall appoint three of the public members and the five licensed members qualified as provided in Section 5514. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member.

Section § 5515.5

Explanation

This section lays out specific term lengths for certain board members appointed by the Governor. The staggered terms are meant to ensure continuity over several years. For example, some board members starting in 2013, 2014, and 2016 have terms ending in different years, from 2017 to 2021. This structure doesn't change other law sections about terms, but rather adds detailed rules for specific appointments.

(a)CA Business & Professions Code § 5515.5(a) Notwithstanding Section 130 or 5515, the following provisions shall apply:
(1)CA Business & Professions Code § 5515.5(a)(1) Of the three licensed members appointed by the Governor whose terms commence on July 1, 2013, the term of two members shall expire on June 30, 2017, and the term of one member shall expire on June 30, 2019.
(2)CA Business & Professions Code § 5515.5(a)(2) Of the two licensed members appointed by the Governor whose terms commence on July 1, 2014, the term of one member shall expire on June 30, 2018, and the term of the other member shall expire on June 30, 2020.
(3)CA Business & Professions Code § 5515.5(a)(3) The term of the public member appointed by the Governor that commences on July 1, 2014, shall expire on June 30, 2019.
(4)CA Business & Professions Code § 5515.5(a)(4) Of the two public members appointed by the Governor whose terms commence on July 1, 2016, the term of one member shall expire on June 30, 2020, and the term of the other member shall expire on June 30, 2021.
(b)CA Business & Professions Code § 5515.5(b) Except as provided in subdivision (a), this section shall not be construed to affect the application of Section 130 or 5515 to the terms of a current or future member of the board.

Section § 5516

Explanation

Board members will be paid a daily allowance and reimbursed for expenses as outlined in another law, Section 103.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

Section § 5517

Explanation

This law allows the board to appoint someone as an executive officer who isn't part of the regular government employee system. This person will perform certain powers and duties assigned by the board. However, this rule will only be valid until January 1, 2029, after which it will be canceled.

The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 5518

Explanation

This law states that the board members must choose from among themselves a president, a vice president, and a secretary. These positions are held for one year, or until the next people are chosen and ready to take over.

The board shall elect from its members a president, a vice president, and a secretary to hold office for one year, or until their successors are duly elected and qualified.

Section § 5520

Explanation

This section says that the California Architects Board has to have its own seal with its name on it. The executive officer of the board is responsible for taking care of this seal.

The board shall adopt a seal for its own use. The seal used shall have the words, “California Architects Board” inscribed thereon.
The executive officer shall have the care and custody of the seal.

Section § 5521

Explanation

The person in charge, known as the executive officer, must carefully document everything that happens in board meetings.

The executive officer shall keep an accurate record of all proceedings of the board.

Section § 5522

Explanation

This section requires the board to have a meeting at least once every three months to conduct any official business. The board can also choose to meet at other times and locations if needed.

The board shall meet at least once each calendar quarter for the purpose of transacting such business as may lawfully come before it.
The board may hold meetings at such other times and at such places as it may designate.

Section § 5523

Explanation

If at least four board members request it in writing, the executive officer must arrange a special meeting by informing all board members in writing about the meeting's time and location at least 10 days in advance.

Special meetings of the board shall be called by the executive officer upon the written notice of four members by giving each member of the board 10 days’ written notice of the time and place of the meeting.

Section § 5524

Explanation

This section explains how decisions are made by the board in their meetings. To conduct business, at least six members need to be present, which is called a quorum. If only a quorum is present, at least five out of the six need to agree to make a decision. However, if all 10 board members are there, six need to agree for a decision to be made.

Six of the members of the board constitute a quorum of the board for the transaction of business. The concurrence of five members of the board present at a meeting duly held at which a quorum is present shall be necessary to constitute an act or decision of the board, except that when all 10 members of the board are present at a meeting duly held, the concurrence of six members shall be necessary to constitute an act or decision of the board.

Section § 5525

Explanation

This law section allows the board to take action against anyone breaking the rules in this chapter. They can hire inspectors and other staff to help enforce the rules, and they can decide how much to pay them and any other necessary expenses.

The board may prosecute all persons guilty of violating the provisions of this chapter. Except as provided in Section 159.5, the board may employ inspectors, special agents, investigators, and such clerical assistants as it may deem necessary to carry into effect the provisions of this chapter. It may also fix the compensation to be paid for such services and incur such additional expense as may be deemed necessary.

Section § 5526

Explanation

This law section explains that the board in charge of architecture licensing must create rules for licensing exams and professional conduct for architects. These rules must align with state and federal laws. The board can update, change, or cancel these rules as needed, but they can't conflict with existing laws. It must also set up a process to issue citations, both for licensed and unlicensed individuals who violate the rules. Any changes to the rules must follow government procedures for rulemaking.

(a)CA Business & Professions Code § 5526(a) The board shall adopt rules and regulations governing the examination of applicants for licenses to practice architecture in this state.
(b)CA Business & Professions Code § 5526(b) The board may, by rule or regulation, adopt rules of professional conduct that are not inconsistent with state or federal law. Every person who holds a license issued by the board shall be governed and controlled by these rules.
(c)CA Business & Professions Code § 5526(c) The board may adopt other rules and regulations as may be necessary and proper.
(d)CA Business & Professions Code § 5526(d) The board may, from time to time, repeal, amend, or modify rules and regulations adopted under this section. No rule or regulation shall be inconsistent with this chapter.
(e)CA Business & Professions Code § 5526(e) The board shall adopt, by regulation, a system as described in Section 125.9 for the issuance to a licensee of a citation and a system as described in Section 148 for the issuance of an administrative citation to an unlicensed person who is acting in the capacity of a licensee or registrant under the jurisdiction of the board.
(f)CA Business & Professions Code § 5526(f) The adoption, repeal, amendment, or modification of these rules and regulations shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 5526.5

Explanation

If you've been cited, you can ask for an informal meeting to discuss the citation within 30 days of getting it. This meeting should happen within 60 days of your request, though this can be extended for a good reason. After the meeting, they can decide to keep the citation as it is, change it, or dismiss it and will tell you why within 30 days. If the citation is kept or changed, you can then ask for a formal hearing within another 30 days. Once a citation has been changed or upheld, you can't request another informal meeting about it.

(a)CA Business & Professions Code § 5526.5(a) In addition to requesting an administrative hearing as provided for in paragraph (4) of subdivision (b) of Section 125.9, the cited person may request an informal conference to review the acts shared in the citation. The cited person shall make the request for an informal conference in writing, within 30 days of the date of issuance of the citation, to the executive officer.
(b)CA Business & Professions Code § 5526.5(b) The executive officer or their designee shall hold, within 60 days from the receipt of the request, an informal conference with the cited person. The executive officer or their designee may extend the 60-day period for good cause.
(c)CA Business & Professions Code § 5526.5(c) Following the informal conference, the executive officer or their designee may affirm, modify, or dismiss the citation, including any fine that is levied, order of abatement, or order of correction issued. The executive officer or their designee shall state in writing the reasons for the action and transmit a copy of those findings to the cited person within 30 days after the informal conference.
(d)CA Business & Professions Code § 5526.5(d) If the citation, including any fine that is levied or order of abatement or correction, is affirmed or modified following the informal conference, the respondent may make a request in writing to the executive officer within 30 days of the affirmed or modified citation, for a formal hearing, which shall be conducted as provided for in paragraph (4) of subdivision (b) of Section 125.9.
(e)CA Business & Professions Code § 5526.5(e) A cited person shall not request an informal conference for a citation which has been affirmed or modified following an informal conference.

Section § 5527

Explanation

If someone is doing something, or about to do something, that breaks the rules of this chapter, the local superior court can step in to stop it. The court has the power to issue orders that prevent the act from happening. These court actions follow specific procedural rules outlined in a different part of the legal code.

Whenever any person has engaged in or is about to engage in any act or practice which constitutes or which will constitute an offense against this chapter, the superior court of the county in which the offense has occurred or is about to occur, on application of the board, may issue an injunction or other appropriate order restraining such act or practice.
The proceedings authorized by this section shall be in accordance with the provisions contained in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

Section § 5528

Explanation

This law allows the board to hire licensed architect consultants on an as-needed basis to help with enforcement tasks. These consultants can only do work that's necessary for enforcing the specific rules set out in this section. When these consultants are working under contract, they are treated as public employees as defined by another section of government law.

(a)CA Business & Professions Code § 5528(a) The board may select and contract with necessary architect consultants who are licensed architects to assist it in its enforcement program on an intermittent basis. The architect consultants shall perform only those services that are necessary to carry out and enforce this chapter.
(b)CA Business & Professions Code § 5528(b) For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, any consultant under contract with the board shall be considered a public employee.