Your career and livelihood could be at risk if you face a complaint or accusation against your architect license. A license revocation or suspension could end or interrupt your career. A citation could also put you on a public record, and prospective employers and clients could view the record, making them skeptical about using your services. If your architect license is at risk, you should act quickly and consult an experienced license defense attorney who can protect your future and your license. At the Sacramento License Attorney, we are committed to helping architects fight against accusations or complaints that could risk their professional licenses.

The Mission of Modern Architects

When you visit any place in California, you will see great and beautiful structures designed by skilled, licensed architects. Architects achieve many excellent results by careful planning and on-site supervision during construction. The aim of the modern architect is functionality, efficiency, structural safety and soundness, and aesthetic appeal. However, it is not an easy task to satisfy municipal building codes and the preferences of particular contractors and clients.

It can take years of education and training for you to qualify as a professional architect. Applying for your professional license and getting it could be tedious and expensive. Sadly, losing your license is much easier than securing it. You could be liable for almost any problem with a building later on.

You could be held accountable even if you did not do anything wrong. The construction contractor could have failed to comply with the blueprint. A natural disaster could also cause severe damage despite your efforts. It is also easy for a reputable architect to make an error; even a minor error could put your license at risk. When you encounter these scenarios, consult a reputable attorney who can defend you and your license to ensure you continue practicing.

The Functions Of The Architects Board

The Department of Consumer Affairs' California Architects Board governs architects and oversees their services. The board has existed since 1901, purposely to protect the public but not the architect. It is not that the board is against architects, but it aims to ensure public safety. It also has the duty of ensuring high standards are upheld in the industry. The board expects every architect to work towards this goal. Unfortunately, the board often gives credence to false complaints because it focuses too much on the consumer. The board could ignore crucial factors in your favor unless a competent attorney brings those mitigating factors into full view.

Typically, the board uses several methods to achieve its vision of a safe and compliant architecture industry. First, the board controls the standards an architect must meet to receive a license. The board also creates the rules that govern the sector and imposes various forms of punishment to bring violators into compliance or to strip them of their licenses.

The board welcomes complaints from various sources and investigates them. It proceeds with the complaints that seem to have merit but lack sufficient evidence and sets aside unsubstantiated complaints. Usually, the board prioritizes the most egregious and urgent charges, with the complaints that seem to have merit being investigated first.

Sometimes, the board can conduct sting operations against the offender. During the board investigation, an investigator can call you. Avoid divulging any crucial information to the investigator before consulting your attorney. You will maximize your chances of a favorable outcome if you call your attorney immediately after you receive a notice of investigation. A skilled attorney can pick up a case at any point and win the best outcome.

Professional boards are responsible for maintaining industry standards. By regulating membership and licensing, a licensing body can control who practices in the profession and how they do so. Anyone interested in becoming a professional architect must apply to the California Architects Board (CAB).

CAB describes its licensing criteria as "more flexible" than those of other states. While this suggests they are less stringent than other architect boards, the "good character" section allows CAB discretion over who is admitted and who is denied.

The Administrative Hearing

You have a right to an administrative hearing. You should hire an attorney when you receive a statement of issues against you. You also require the services of an attorney if you receive a notice of an administrative hearing to handle the complaints against you.

The punishment you face will depend on the magnitude of the violation. Potential penalties for a minor offense include a fine, a citation, or a letter of reprimand. You should still fight these disciplinary actions because they create a negative public record against you. These are the lightest forms of disciplinary action. However, a reduced fine, a citation, or a reprimand made private could be a substantial win.

A license suspension or revocation can result in more severe violations. The following are crimes that could attract significant disciplinary action:

  • If you are already under punishment by the architect licensing agency of another state.
  • Committing any crime under the Architect Practice Act, Business and Professions Code, and other relevant laws.
  • If you have a previous criminal conviction on your record that is significantly related to your qualifications and duties as an architect.
  • Substance abuse, particularly while on the job.
  • Discrimination.
  • Securing your architect license through fraud.
  • Other forms of fraud.
  • Allowing an unlicensed assistant to work unlawfully under you.
  • Having a conflict of interest associated with your job.
  • Unprofessional behavior.
  • Recklessness or willful misconduct.
  • Incompetence or negligence in the performance of your duties.

With a competent attorney, you could still fight the above charges. An attorney can expose the testimony, arguments, and weakness of the evidence leveled against you. Your attorney could also negotiate for a stipulated settlement with the Attorney General's Office if the dismissal is impossible. You could retain your license if the negotiation goes through, although the court can place you on probation.

An attorney can present exculpatory and mitigating evidence before the administrative law judge (ALJ) if your case is not negotiable or cannot be won outright before the hearing. Your attorney will also fight any aggravating factors alleged by the prosecutor and show that you will not repeat the mistakes you made previously concerning your architectural duties.

You can also appeal the disciplinary action of the board within 30 days. If the board issues you a citation, you could also appeal it within 15 days.

The administrative law judge (ALJ) presiding over your administrative hearing will follow the Architects Board's official disciplinary rules up to a certain point. The judge will also consider other factors and reduce or enhance the recommended punishment. The following factors could influence the outcome of the hearing:

  • If significant time has passed since the violation and you have not committed a subsequent offense or violation.
  • If you accept your mistake or wrongdoing.
  • Whether you have a criminal conviction associated with your job, how long ago the conviction was, and if you follow the court-ordered probation conditions.
  • If you have undergone any rehabilitation since the incident.
  • If you are facing one or several allegations, and if the accusations are all of the same nature or in numerous categories.
  • Your past disciplinary record.
  • If the client or public suffered any actual bodily or financial harm occurred as a result of your crime.
  • The type of harm the client or public could have suffered resulting from your offense.
  • The severity and nature of the violation.

You could face lesser punishment if your attorney skillfully presents mitigating factors.

Your Architects License And Criminal Charges

If you are arrested and charged with a misdemeanor or felony offense, the California Architects Board can request special restrictions be put on your license. Your license could be revoked if you have any prior conviction related to your architectural duties or qualifications. This is the maximum penalty. You could also face a stayed revocation with 90 days of license suspension or serve a minimum penalty of five years on probation.

The court could request that the presiding judge restrict your license if the current charges remain an issue. This could serve as a sentencing condition, a condition of bail, or the issuing of an interim suspension until your case ends.

Some of the charges that could attract license restriction include:

  • Domestic violence under Penal Code 243e and Penal Code 273.5.
  • Sexual battery under Penal Code 243.4.
  • Petty theft under Penal Code 484 or Grand theft under Penal Code 487.
  • Insurance fraud under Penal Code 550.
  • Simple possession of a controlled substance under HS 11350.
  • Possession for sale of a controlled substance under HS 11351.
  • DUID or DUI VC 23152.

A skilled and experienced attorney can fight any order from the board to the judge presiding over your case. The judge will determine whether to grant the requested restrictions in the final analysis and reject the request or grant it partly. A reasonable attorney will represent you effectively at any hearing the judge sets to decide your case.

License Probation

Having your architect's license on probation is much better than a revocation or suspension. Serving probation will allow you to continue practicing. When appropriate, your attorney could bargain for probation instead of revocation of your license. Your attorney could also work to reduce your probationary period to the least time possible. An attorney could also negotiate for the least restrictive probationary terms.

In most cases, some probationary conditions are mandatory. Other conditions are only compulsory in certain crimes, while others are optional. The conditions and requirements you must adhere to in the long term could make a big difference in your practice. You can have your attorney negotiate for less stringent probation conditions.

Cost recovery is also a policy of the Architects Board. The board can order you to pay for the expenses of the investigation and your probationary monitoring. Your attorney could negotiate to allow you sufficient period to pay and negotiate for an appropriate payment plan. It could be considered a probation violation if you fail to pay the recovery cost. An additional violation could attract enhanced disciplinary action.

Your probationary period will be put on hold if you cease your practice or move to practice out of state during probation. "The time will be "tolled" for any period you stop operating your business in California.

License Reinstatement And Denial

Your attorney could help you petition to have your license reinstated if the board revoked it. You will be required to complete specific paperwork. The judge can also schedule a special hearing to determine your case. It is advisable not to enter this process without a skilled attorney.

Your attorney can also offer you their expertise and guidance if the board denies your application for an architect license. It is common to have an initial application denied but succeed in the subsequent application.

An Attorney Will Increase The Chances Of A Favorable Outcome

If you face criminal charges, you should be aware of and understand the effects that a guilty plea and a conviction might have on your professional license. A conviction resulting from a violation outside your professional employment can appear to have nothing to do with your architecture operations. However, the conviction could still have severe consequences for your license.

Whether you have been falsely accused of wrongdoing or have made an uncommon error, our attorney has the expertise and experience to defend you before the license board. We will listen, provide guidance, and devise a strategy to achieve the most favorable results possible.

Our expert attorneys will work with you to complete an investigation without discipline or reduce any discipline that could be imposed. In many circumstances, we can work with the board's counsel to reach an agreement without holding a hearing. We can also defend you in contested hearings.

Find An Experienced License Defense Attorney Near Me

You are free to represent yourself during investigations and the administrative hearing. However, an attorney understands what information to provide and how to develop a compelling defense. Similarly, an attorney can assist you with an appeals claim to obtain the necessary licensure if the architecture board denies you a license. If your architecture license is at risk and you require reliable legal representation, contact the Sacramento License Attorney. Our committed attorneys will go out of their way to present the best defense for your charges. Contact us at 279-242-4711 to speak to one of our attorneys.