Landscape ArchitectureDiscipline
Section § 5660
This law allows the board to investigate any landscape architect based on their own concerns or a written complaint from someone else. If they find a landscape architect at fault for certain wrongdoings, they can either suspend their license for up to one year or take it away altogether.
Section § 5661
This law specifies the time limits for filing accusations against a licensee. Generally, accusations must be filed within three years of the board discovering the issue or within six years of the event happening, whichever comes first. However, accusations involving fraud as outlined in Section 5667 can be filed up to three years after the fraud is discovered. If an accusation isn't filed within these timeframes, no action can be taken against the licensee.
Section § 5662
This law says that if there's a process to suspend or revoke a license, it must follow specific rules found in another part of the Government Code. The board responsible has all the authority given by those rules.
Section § 5665
Section § 5666
If someone with a professional license breaks the rules outlined in this chapter, they can face disciplinary actions.
Section § 5667
If someone gets a professional license by lying or cheating, it can lead to disciplinary actions against them.
Section § 5668
If someone with a license pretends to be a different landscape architect with a similar name, or uses a fake or business name, they can face disciplinary action.
Section § 5669
If someone with a license helps or assists someone else who isn't authorized to work as a landscape architect, they can face disciplinary action.
Section § 5670
Section § 5671
If a licensed landscape architect acts carelessly or misbehaves on purpose in their work, they can face disciplinary consequences.
Section § 5672
If someone with a professional license in California is found to be extremely incompetent at their job, this can be a reason for them to face disciplinary measures.
Section § 5673
This law states that if a licensed professional, like a landscape architect, signs or stamps plans they didn't personally oversee, or lets someone else use their name to bypass licensing rules, they can face disciplinary action. It's basically about ensuring only qualified people work on certain projects.
Section § 5675
If someone working as a landscape architect is convicted of a felony related to their work, it can lead to disciplinary action. The conviction record is undeniable proof of the crime.
Section § 5675.5
If a landscape architect has faced discipline by any public agency for conduct related to their job qualifications or duties, this can be a reason for further disciplinary actions against them.
Section § 5676
If you're found guilty of a felony or plead 'nolo contendere' (which means you don't admit guilt but accept the penalty), it's considered a conviction under this law. The licensing board can suspend, revoke, or refuse to issue a license to you once there's no chance for appeal, or the guilty verdict is confirmed on appeal. This can happen even if a later court decision lets you withdraw your guilty plea or dismisses your case under certain conditions.
Section § 5678
If you're a licensed landscape architect and you end up with a significant legal judgment, settlement, or arbitration award against you for fraud, negligence, or similar issues, you need to report it in writing to the appropriate board within 30 days. This is required if the financial impact is $5,000 or more. Your report should include essential details like the title of the matter, the court or agency handling it, and specific case numbers. You must also respond to any questions from the board about these incidents. Not following this rule can lead to disciplinary actions, and not reporting at all can result in fines between $100 and $20,000 instead of losing your license.
Section § 5678.1
This law requires that any insurance company or government agency dealing with a landscape architect or related professional must report to the licensing board within 30 days after paying out $5,000 or more due to a legal judgment, settlement, or arbitration. They need to provide details like the name of the professional, the claim number, the amount involved, how much they paid, and who received the payment.
Section § 5678.2
This section states that the rules outlined in Sections 5678 and 5678.1 apply whenever a business, like a sole proprietorship, partnership, or corporation, is involved in a legal or administrative matter, and one of its owners or employees is a licensed professional who had control over the project in question.