Section § 5660

Explanation

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.

The board may upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any landscape architect, and may suspend for a period not exceeding one year, or revoke, the license of any landscape architect who is guilty of any one or more of the acts or omissions constituting grounds for disciplinary action under the chapter.

Section § 5661

Explanation

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.

All accusations against a licensee shall be filed within three 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 or within six years after the act or omission alleged as the ground for disciplinary action, whichever occurs first. However, with respect to an accusation alleging a violation of Section 5667, 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 5667.
If any accusation is not filed within the time provided in this section, no action against a licensee shall be commenced under this article.

Section § 5662

Explanation

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.

All proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code. The board shall have all of the powers granted therein.

Section § 5665

Explanation
If you have a suspended license in California, it can still expire and be renewed, but you can't use it until it's reinstated. A revoked license also expires and can't be renewed. If it's reinstated later, you'll need to pay a fee that includes the renewal cost and any late fees that were due when it was revoked.
A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it 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 § 5666

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 § 5667

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 § 5668

Explanation

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.

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

Section § 5669

Explanation

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.

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

Section § 5670

Explanation
If a licensed landscape architect is found to have committed fraud or deceit in their work, they can face disciplinary action.
The fact that, in the practice of landscape architecture, the holder of a license has been guilty of fraud or deceit constitutes a ground for disciplinary action.

Section § 5671

Explanation

If a licensed landscape architect acts carelessly or misbehaves on purpose in their work, they can face disciplinary consequences.

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

Section § 5672

Explanation

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.

The fact that the holder of a license has been guilty of gross incompetence constitutes a ground for disciplinary action.

Section § 5673

Explanation

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.

The fact that the holder of a license has affixed his or her signature, or his or her stamp, or has permitted the use of his or her name to or on plans, drawings, specifications or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction, or has permitted his or her name or his or her signature or his or her stamp to be used for the purpose of assisting any person, not a landscape architect, to evade the provisions of this chapter, constitutes a ground for disciplinary action.

Section § 5675

Explanation

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.

The conviction of a felony in connection with the practice of landscape architecture constitutes a ground for disciplinary action. The record of a conviction shall be conclusive evidence thereof.

Section § 5675.5

Explanation

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.

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 a landscape architect constitutes a ground for disciplinary action.

Section § 5676

Explanation

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.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when 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 such 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 § 5678

Explanation

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.

(a)CA Business & Professions Code § 5678(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 landscape 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 § 5678(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 § 5678(b)(1) The title of the matter.
(2)CA Business & Professions Code § 5678(b)(2) The court or agency name.
(3)CA Business & Professions Code § 5678(b)(3) The docket number.
(4)CA Business & Professions Code § 5678(b)(4) The claim or file number.
(5)CA Business & Professions Code § 5678(b)(5) The date on which the reportable event occurred.
(c)CA Business & Professions Code § 5678(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 § 5678(d) Failure of a licensee to comply with this section shall be grounds for disciplinary action.
(e)CA Business & Professions Code § 5678(e) A 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 intermediate sanction imposed by the board in lieu of revoking the licensee’s license. A 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 § 5678.1

Explanation

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.

(a)CA Business & Professions Code § 5678.1(a) Within 30 days of payment of all or any portion of a civil action judgment, settlement, or arbitration award described in Section 5678 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 landscape architectural entity shall report to the board all of the following:
(1)CA Business & Professions Code § 5678.1(a)(1) The name of the licensee.
(2)CA Business & Professions Code § 5678.1(a)(2) The claim or file number.
(3)CA Business & Professions Code § 5678.1(a)(3) The amount or value of the judgment, settlement, or arbitration award.
(4)CA Business & Professions Code § 5678.1(a)(4) The amount paid by the insurer.
(5)CA Business & Professions Code § 5678.1(a)(5) The identity of the payee.
(b)CA Business & Professions Code § 5678.1(b) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or arbitration award described in Section 5678 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 § 5678.1(b)(1) The name of the licensee.
(2)CA Business & Professions Code § 5678.1(b)(2) The claim or file number.
(3)CA Business & Professions Code § 5678.1(b)(3) The amount or value of the judgment, settlement, or arbitration award.
(4)CA Business & Professions Code § 5678.1(b)(4) The amount paid.
(5)CA Business & Professions Code § 5678.1(b)(5) The identity of the payee.

Section § 5678.2

Explanation

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.

The requirements of Sections 5678 and 5678.1 shall apply if a party to the civil action, settlement, arbitration award, or administrative action is or was (a) 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 (b) 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 § 5678.3

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 § 5678.4

Explanation
This section allows the board to create additional rules to clarify how certain reporting requirements should be met.
The board may adopt regulations to further define the reporting requirements of Sections 5678 and 5678.1.