ArchitectureDisciplinary Proceedings
Section § 5560
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.
Section § 5561
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.
Section § 5561.5
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.
Section § 5565
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.
Section § 5570
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.
Section § 5571
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.
Section § 5573
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.
Section § 5577
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.
Section § 5578
If someone with a professional license breaks the rules outlined in this chapter, they can face disciplinary actions.
Section § 5579
If someone gets a professional license by lying or cheating, it can lead to disciplinary actions against them.
Section § 5580
If someone with a license is pretending to be an architect or using a fake name, they can be disciplined for that behavior.
Section § 5582
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.
Section § 5582.1
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.
Section § 5583
Section § 5584
If an architect with a license is found to have been negligent or has intentionally done something wrong, they can face disciplinary actions.
Section § 5585
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.
Section § 5586
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.
Section § 5588
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.
Section § 5588.1
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.
Section § 5588.2
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.
Section § 5588.3
Section § 5588.4
This law allows the board to create additional rules and guidelines to clarify what needs to be reported under Sections 5588 and 5588.1.
Section § 5590
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.