Section § 5560

Explanation

This law allows the board to investigate any architect's actions, either on its own decision or based on a valid complaint from someone. If they find the architect has done something wrong, according to the rules in this chapter, they can temporarily suspend or permanently take away their license.

The board may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any architect and may temporarily suspend or permanently revoke, the license of any architect who is guilty of, or commits one or more of, the acts or omissions constituting grounds for disciplinary action under this chapter.

Section § 5561

Explanation

If someone is accused of doing something that could lead to losing their license, the board needs to file the accusation within five years of when they find out about it, but they can't do it more than ten years after it happened. For accusations involving fraud or lies related to Section 5579, they have three years after discovering the wrong act to file the accusation.

All accusations against licensees charging the holder of a license issued under this chapter with the commission of any act constituting a cause for disciplinary action shall be filed with the board within five years after the board discovers, or through the use of reasonable diligence should have discovered, the act or omission alleged as the ground for disciplinary action, whichever occurs first, but not more than 10 years after the act or omission alleged as the ground for disciplinary action. However, with respect to an accusation alleging a violation of Section 5579, the accusation may be filed within three years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by Section 5579.

Section § 5561.5

Explanation

This law explains that when a professional license is being suspended or revoked, it must follow specific procedures outlined in the Government Code. These rules provide the framework for how the process should operate, and the board in charge has all necessary authority to manage these proceedings.

The proceedings for the suspension or revocation of licenses under this article shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.

Section § 5565

Explanation

This law section describes what actions the board can take against an architect's license. They can temporarily suspend the license, but might allow the architect to finish existing projects. The board can also impose specific conditions that must be met before the license can be restored, and until these are met, no reinstatement application will be considered. Additionally, they can fine the architect up to $5,000 for specific violations, with fines possibly being in place of or in addition to license suspension or revocation. Any fines collected will support the California Architects Board Fund.

The board’s decision may do the following:
(a)CA Business & Professions Code § 5565(a) Provide for the immediate complete suspension by the holder of the license of all operations as an architect during the period fixed by the decision.
(b)CA Business & Professions Code § 5565(b) Permit the holder of the license to complete any or all contracts for the performance of architectural services shown by evidence taken at the hearing to be then unfinished.
(c)CA Business & Professions Code § 5565(c) Impose upon the holder of the license compliance with any specific conditions as may be just in connection with their operations as an architect disclosed at the hearing, and may further provide that until those conditions are complied with no application for restoration of the suspended or revoked license shall be accepted by the board.
(d)CA Business & Professions Code § 5565(d) Assess a fine not to exceed five thousand dollars ($5,000) against the holder of a license for any of the causes specified in Section 5577. A fine may be assessed in lieu of, or in addition to, a suspension or revocation. All fines collected pursuant to this subdivision shall be deposited to the credit of the California Architects Board Fund.

Section § 5570

Explanation

This section explains that if an architect's license is under review in court, the court can allow the architect to keep working while the case is decided. However, the architect must file a bond, which is a financial guarantee, to follow conditions set by the board's decision. If the architect appeals the board's decision, the same type of bond is needed to pause, or "stay," the board's action while awaiting the appeal's outcome.

In any proceeding for review by a court, the court may permit, in its discretion, upon the filing of a proper bond by the holder of the license in an amount to be fixed by the court, guaranteeing the compliance by the holder of the license with specific conditions imposed upon them by the board’s decision, if any, the holder of the license to continue to practice as an architect pending entry of judgment by the court in the case. There shall be no stay of the board’s decision pending an appeal or review of any proceeding, unless the appellant or applicant for review files a bond in all respects conditioned as, and similar to, the bond required to stay the effect of the board’s decision in the first instance.

Section § 5571

Explanation

If your certificate is suspended or canceled by a superior court, you can appeal the decision just like you would with other court judgments. However, if you want to delay the suspension or cancellation while appealing, you need to file a special bond. After a final judgment is made by the court, the court clerk has 10 days to send a notice to the board's executive officer, updating them on whether the judgment was kept, changed, or overturned.

A judgment of suspension or cancellation of a certificate by the superior court shall be subject to appeal or review in accordance with the provisions of law as to appeal from or review of judgments of superior courts.
There shall be no stay of execution or enforcement of the judgment pending any proceedings on appeal or review unless the appellant or applicant for review shall file a bond in all respects conditioned as, and similar to, the bond required to stay the effect of the board’s decision in the first instance.
The clerk of the court whose judgment has become final shall, within 10 days after its entry, transmit, by regular United States mail, to the executive officer of the board a notice containing information as to the affirmance, modification, or reversal of the judgment of the superior court in the matter.

Section § 5573

Explanation

If an architect's license is suspended, the board can reinstate it if the architect follows the reinstatement rules. While suspended, the license must be renewed, but the architect can't practice until reinstatement. If a license is revoked, it can't be renewed until reinstatement. To reinstate a revoked license, the architect must pay fees from the last renewal period and any delinquency fees.

After suspension of a license upon any of the grounds set forth in this chapter, the board may reinstate the license upon proof of compliance by the architect with all provisions of the decision as to reinstatement or, in the absence of that decision or any provisions therein as to reinstatement, in the sound discretion of the board. A license which has been suspended is subject to expiration and shall be renewed as provided in this chapter, but that renewal does not entitle the holder of the license, while the license remains suspended and until it is reinstated, to practice architecture, or to engage in any other activity or conduct in violation of the order or judgment by which the license was suspended.
A revoked license is subject to expiration as provided in this chapter, but it may not be renewed. If it is reinstated after its expiration, the holder of the license, 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 delinquency fee, if any, accrued at the time of its revocation.

Section § 5577

Explanation

If a licensed architect in California is convicted of a crime that affects their professional responsibilities, their license can be disciplined. A court conviction is considered solid proof of guilt. Even if the architect pleads guilty or "no contest", it's treated as a conviction. The licensing board can suspend or revoke the license, or refuse to issue one, even if the conviction is later modified or withdrawn under certain legal procedures.

The conviction of a crime substantially related to the qualifications, functions, and duties of an architect by the holder of a license constitutes a ground for disciplinary action. The record of conviction, or a certified copy thereof certified by the clerk of the court or by the judge in whose court the conviction is obtained, is conclusive evidence of the conviction.
A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

Section § 5578

Explanation

If someone with a professional license breaks the rules outlined in this chapter, they can face disciplinary actions.

The fact that the holder of a license is practicing in violation of the provisions of this chapter constitutes a ground for disciplinary action.

Section § 5579

Explanation

If someone gets a professional license by lying or cheating, it can lead to disciplinary actions against them.

The fact that the holder of a license has obtained the license by fraud or misrepresentation, or that the person named in the license has obtained it by fraud or misrepresentation constitutes a ground for disciplinary action.

Section § 5580

Explanation

If someone with a license is pretending to be an architect or using a fake name, they can be disciplined for that behavior.

The fact that the holder of a license is impersonating an architect or former architect of the same or similar name, or is practicing under an assumed, fictitious, or corporate name, constitutes a ground for disciplinary action.

Section § 5582

Explanation

If someone with an architecture license helps another person practice architecture when that person isn't allowed to, the licensed person can face disciplinary action.

The fact that the holder of a license has aided or abetted in the practice of architecture any person not authorized to practice architecture under the provisions of this chapter, constitutes a ground for disciplinary action.

Section § 5582.1

Explanation

This law says that a licensed professional can face disciplinary action if they sign off on work like plans or drawings that they did not personally prepare or oversee. Additionally, if a license holder allows their name to be used to help someone else break the rules of this chapter, that's also grounds for discipline.

(a)CA Business & Professions Code § 5582.1(a) The fact that the holder of a license has affixed their signature to plans, drawings, specifications, or other instruments of service which have not been prepared by them, or under their responsible control, constitutes a ground for disciplinary action.
(b)CA Business & Professions Code § 5582.1(b) The fact that the holder of a license has permitted their name to be used for the purpose of assisting any person to evade the provisions of this chapter constitutes a ground for disciplinary action.

Section § 5583

Explanation
If a licensed architect has been involved in fraud or deceit while working, they can face disciplinary actions.
The fact that, in the practice of architecture, the holder of a license has been guilty of fraud or deceit constitutes a ground for disciplinary action.

Section § 5584

Explanation

If an architect with a license is found to have been negligent or has intentionally done something wrong, they can face disciplinary actions.

The fact that, in the practice of architecture, the holder of a license has been guilty of negligence or willful misconduct constitutes a ground for disciplinary action.

Section § 5585

Explanation

If an architect has a license and is found to be incompetent or reckless while doing their job, this can lead to disciplinary action against them.

The fact that in the practice of architecture the holder of a license has been guilty of incompetency or recklessness constitutes a ground for disciplinary action.

Section § 5586

Explanation

If an architect has been disciplined by any public agency for actions closely tied to their professional qualifications or duties, this can be used as a reason for further disciplinary action in their license.

The fact that the holder of a license has had disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties as an architect constitutes a ground for disciplinary action.

Section § 5588

Explanation

If you're a licensed architect and you're involved in any legal or administrative action that results in a judgment, settlement, or award of $5,000 or more, you need to let the board know within 30 days in writing. You have to give details like the title of the case, the court or agency, and other relevant info. The board might contact you about it, and you have to respond. If you don't report this in time, you could face disciplinary actions or fines ranging from $100 to $20,000, depending on whether the non-compliance was intentional or not.

(a)CA Business & Professions Code § 5588(a) A licensee shall report to the board in writing within 30 days of the date the licensee has knowledge of any civil action judgment, settlement, arbitration award, or administrative action resulting in a judgment, settlement, or arbitration award against the licensee in any action alleging fraud, deceit, negligence, incompetence, or recklessness by the licensee in the practice of architecture if the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater.
(b)CA Business & Professions Code § 5588(b) The report required by subdivision (a) shall be signed by the licensee and shall set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall set forth all of the following:
(1)CA Business & Professions Code § 5588(b)(1) The title of the matter.
(2)CA Business & Professions Code § 5588(b)(2) The court or agency name.
(3)CA Business & Professions Code § 5588(b)(3) The docket number.
(4)CA Business & Professions Code § 5588(b)(4) The claim or file number.
(5)CA Business & Professions Code § 5588(b)(5) The date on which the reportable event occurred.
(c)CA Business & Professions Code § 5588(c) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal.
(d)CA Business & Professions Code § 5588(d) Failure of a licensee to report to the board in the time and manner required by this section shall be grounds for disciplinary action.
(e)CA Business & Professions Code § 5588(e) Any licensee who fails to comply with this section may be subject to a civil penalty of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) as an additional intermediate sanction imposed by the board in lieu of revoking the licensee’s license. Any licensee who knowingly and intentionally fails to comply with this section may be subject to a civil penalty of up to twenty thousand dollars ($20,000) as an additional intermediate sanction imposed by the board in lieu of revoking the licensee’s license.

Section § 5588.1

Explanation

This law requires that when an insurance company or a government agency pays all or part of a judgment, settlement, or arbitration award of $5,000 or more against a licensed architect or architectural firm, they must report the details to the licensing board within 30 days. The report must include the name of the licensee, the case number, the amount of the award, the amount paid, and who received the payment.

(a)CA Business & Professions Code § 5588.1(a) Within 30 days of payment of all or any portion of a civil action judgment, settlement, or arbitration award described in Section 5588 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any insurer providing professional liability insurance to that licensee or architectural entity shall report to the board all of the following:
(1)CA Business & Professions Code § 5588.1(a)(1) The name of the licensee.
(2)CA Business & Professions Code § 5588.1(a)(2) The claim or file number.
(3)CA Business & Professions Code § 5588.1(a)(3) The amount or value of the judgment, settlement, or arbitration award.
(4)CA Business & Professions Code § 5588.1(a)(4) The amount paid by the insurer.
(5)CA Business & Professions Code § 5588.1(a)(5) The identity of the payee.
(b)CA Business & Professions Code § 5588.1(b) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or arbitration award described in Section 5588 against a licensee of the board in which the amount or value of the judgment, settlement, or arbitration award is five thousand dollars ($5,000) or greater, any state or local governmental agency that self insures that licensee shall report to the board all of the following:
(1)CA Business & Professions Code § 5588.1(b)(1) The name of the licensee.
(2)CA Business & Professions Code § 5588.1(b)(2) The claim or file number.
(3)CA Business & Professions Code § 5588.1(b)(3) The amount or value of the judgment, settlement, or arbitration award.
(4)CA Business & Professions Code § 5588.1(b)(4) The amount paid.
(5)CA Business & Professions Code § 5588.1(b)(5) The identity of the payee.

Section § 5588.2

Explanation

This section states that the rules outlined in Section 5588 and 5588.1 apply if a person involved in certain legal actions, such as civil cases or agreements, is or was connected to a business or agency as an owner, partner, member, officer, employee, or was a licensee overseeing the part of the project involved in the legal matter.

The requirements of Section 5588 and 5588.1 shall apply if a party to the civil action, settlement, arbitration award, or administrative action is or was a sole proprietorship, partnership, firm, corporation, or state or local governmental agency in which a licensee is or was an owner, partner, member, officer, or employee and is or was a licensee in responsible control of that portion of the project that was the subject of the civil judgment, settlement, arbitration award, or administrative action.

Section § 5588.3

Explanation
This law states that if someone with a professional license shares a required report with their licensing board, they haven't broken any confidentiality agreements they may have, like a settlement agreement.
Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a report to the board as required by this article.

Section § 5588.4

Explanation

This law allows the board to create additional rules and guidelines to clarify what needs to be reported under Sections 5588 and 5588.1.

The board may adopt regulations to further define the reporting requirements of Sections 5588 and 5588.1.

Section § 5590

Explanation

This law requires that if a court finds a licensed person guilty of a crime or liable for damages because of issues like fraud or negligence, the court clerk must report it to the relevant board within 10 days. However, if the judge believes the issue doesn't affect the person's professional skills or honesty, they can decide not to send this report.

Within 10 days after a judgment by a court of this state that a license holder has committed a crime or is liable for any death, personal or property injury, or loss caused by the license holder’s fraud, deceit, negligence, incompetency, or recklessness in practice, the clerk of the court which rendered the judgment shall report that fact to the board. However, if the judge who tried the matter finds that it does not relate to the defendant’s professional competence or integrity, the judge may, by order, dispense with the requirement that the report be sent.