As an engineer, land surveyor, or architect, you invest significant resources and time towards obtaining the right skills, education, training, and licensing necessary to offer services. Sadly, a mistake or omission can result in a complaint, which could end your profession or career if the Architect's Board of California revokes your license. Even minor disciplinary measures like citations or public reprimands can severely dent your image, making it difficult to attract new clients or find employment.
At the Law Office of Sara L. Caplan, we can aggressively defend against the threat to your livelihood during the Architect's Board disciplinary procedures. With our proficient defense attorneys on your side, we will protect your license, future, and image.
Services Provided By Modern-Day Architects
Walking down the streets of Los Angeles, you will find an excess of structures and buildings designed by architects. As an architect, your role is to design structures and supervise construction to ensure the client achieves the outcome they desire as provided in the design.
The skills you possess as an architect are necessary to ensure that the structures you plan and supervise meet the state and local municipality requirements regarding soundness, functionality, aesthetics, and efficiency. Satisfying municipal structural codes is an uphill task, not forgetting that you must meet these standards and still capture the client's preferences. Balancing between building codes and client requirements is tedious, and this is what makes this profession challenging.
Despite these challenges, architects offer their services with passion and commitment. However, the risk of losing their license is high because they must answer any questions or concerns regarding the soundness, functionality, and safety of a structure. Some of the complaints you face in this practice are not even your mistakes. You can design a structure based on the building codes but still be held accountable for the contractor's failures or natural disasters that damage the structure. Consequently, even with your skills and training, you could make mistakes. Sadly, a simple mistake can spell the end of your promising and lucrative career.
At the Law Offices of Sarah L. Caplan, we understand architects' challenges in the years we have represented them. Therefore, we will analyze the accusations and evidence against you to build solid defenses to ensure you continue offering your valuable services.
The California Architects Board (CAB) Mission
CAB was established in 1901 to safeguard the public and not architects. So, do not assume that the CAB will defend you if an accusation has been filed against you. The agency's mission is to protect the public and uphold the architectural industry's high standards. If you need someone to protect your interests and rights after an accusation, you should hire a defense attorney because the board is not supporting you in the case. Nonetheless, just because they do not support you does not mean they are working against you. Their goal is to uphold the industry standards.
Many architects uphold the industry's high standards when offering their services, and many appreciate the licensing agency's mission. Nevertheless, the agency focuses more on consumer needs, giving merit to unsubstantiated complaints or overlooking crucial evidence in your favor. So, whenever you face a complaint, even if you believe the accusations are false, you need a defense attorney's representation because the board could overlook some factors in the case, issuing a decision that jeopardizes your license even when innocent. However, with legal representation, your lawyer will make all the case's facts known to the board or ALJ, ensuring you do not lose your license because of false accusations.
How does CAB achieve its mission? First, the agency receives license applications from qualified candidates and conducts further tests to ensure these individuals have the training and skills necessary to offer services. The board denies licenses to applicants who do not meet the requisite high standards in the industry. That way, only qualified and competent architects are allowed to offer services. CAB also fulfills its mandate by setting rules and regulations that architects must abide by when offering services. Finally, the agency imposes disciplinary action against licensees who violate the set regulations by imposing fines or withdrawing or suspending their licenses.
CAB receives multiple complaints daily and prioritizes the urgent ones. Minor complaints are dealt with later on. When they receive complaints, CAB assigns urgent cases to investigators to look into the details and evidence provided by the complainants. After the evaluation, the board will identify the claims that can be substantiated for further investigation. Those that have no supporting evidence are dropped.
When investigators take up your case, they could conduct a sting operation on your business premises to gather additional evidence. Alternatively, they can call you to ask questions about your accusations. Before speaking to your defense lawyer, do not provide any information regarding your allegations to the CAB's investigator. Consulting an attorney first ensures that you do not divulge incriminating information.
The Complaint Process
Once the architect's board determines you have a case to answer, they will notify you of the investigations. You can resolve the complaint through a settlement, which refers to an agreement between the opposing sides. In the settlement, you admit to incompetence or breach of the board's regulations. In return, the board imposes a disciplinary measure that your attorney has approved. Having an attorney during negotiations ensures that the disciplinary action stemming from the agreement does not severely hurt your career. If the settlement is unfavorable, your attorney will advise you to reject it so the case can proceed to the next phase.
When both parties fail to arrive at a settlement, CAB arranges a hearing with an ALJ from the administrative hearing office. The hearing is like a court trial. Both parties present their evidence, and the judge reviews it to make a proposition. The judge's decision is not final. They are recommendations that CAB reviews for adoption. If the agency adopts the recommendation, the ALJ's decision becomes final. However, when they reject the recommendations, they request the administrative hearing's transcript for evaluation. After reviewing the transcripts, the agency issues its decision.
If you are unsatisfied with CAB's verdict, you can appeal the decision by submitting a writ mandate to the California Superior Court or filing for reconsideration. You ought to know that whatever the verdict by the board, it becomes a public record. Existing and prospective clients can access these copies, which dents your reputation.
Violations Architects Face
The CAB protects consumers by setting laws governing the practice. The agency also fairly and justly enforces these rules.
The CAB's investigators gather evidence on the complaints filed against architects before disciplinary measures. The violations that threaten your license include the following:
Negligence and Deliberate Misconduct
Architects must perform their duties guided by the practice's code of conduct. Engaging in purposeful misconduct or negligence warrants punishment. Negligence happens when you, an architect, fail to satisfy the industry's high standards during project design by disregarding municipal and state building codes and laws.
Willful or deliberate misconduct happens when you knowingly violate the law. Examples of intentional misconduct include stamping a deficient structural design, not supervising a project after receiving payment, and accepting money for unrendered services.
Unlicensed Practice
Architecture is a protected industry, and Business and Professions Code (BPC) 5536(a) makes it unlawful for unlicensed persons to:
- Offer these services
- Use the title architect or a name that suggests the same
- Use a licensed architect's stamp
- Put out a card, a sign, or any information that portrays you as an architect to the public
Not Completing the Disability Access Course Work
The CAB requires architects to undertake a continuing education program on disability access conditions and notify the agency during license renewal. Failure to finish the course infringes BPC 5600.5 and attracts disciplinary action.
Not Fulfilling Conditions of a Written Agreement
According to BPC 5536.22a, an architect can only offer services after entering into a written agreement with the client. The agreement must entail a service description, a compensation description, the full name, a physical address, and the architect's license number. The agreement must also state the details of the procedures to be undertaken in the event additional services are needed and the contract termination process. You must implement this contract before the job begins, failure to which the board will initiate disciplinary action.
Conviction for an Offense Substantially Related to Architecture
The CAB can request that the court place particular limitations on your license after an arrest or formal charge for a misdemeanor or felony offense.
Prior guilty verdicts substantially related to your qualifications and roles as an architect can also result in license revocation. Luckily, your attorney can compel the court to stay the revocation and impose ninety days of license withdrawal and a subsequent five-year license probation.
For an ongoing charge, your licensing agency can petition the court to impose license restrictions as part of your sentence or bail. The court can also impose temporary license withdrawal to restrict you from practicing until the conclusion of your case.
Violations that could result in restrictions on your license include:
- Domestic violence
- Insurance fraud
- Sexual battery
- Driving under the influence
- Controlled substances possession
- Controlled drug possession for sale
When your criminal charge significantly relates to architecture, your attorney will contest any restriction on your license the board requests the court impose to enable you to continue practicing until the final verdict on the criminal case.
Other breaches that attract disciplinary measures include:
- Incompetency
- Various types of fraud
- Being under professional discipline in a different jurisdiction
- Having a conflict of interest in a project
- Hiring unlicensed assistants
If you are a CAB licensee, you should understand the BPC Act to avoid these violations that could jeopardize your career and future.
The Administrative Hearing
The Office of Administrative Hearings (OAH) is responsible for hearing cases regarding license application denials or disciplinary actions. It handles cases involving engineers, land surveyors, dentists, architects, and physicians.
OAH has seventy-five ALJs in its four offices in Los Angeles, San Diego, Oakland, and Sacramento. These judges handle thousands of disciplinary cases annually.
The administrative proceeding begins with the issuance of an issues statement by CAB. Upon receiving the accusations, you must request an administrative hearing. When you do so, your file is forwarded to OAH for a complaint hearing and determination. After the office receives the file, they take over the authority of the case from the CAB until you and the accuser arrive at a settlement, the complainant withdraws the claim, or the ALJ makes recommendations to the agency.
The administrative proceedings occur in any available courtrooms in the OAH offices. When no room is available, the proceeding can be scheduled in a remote location, provided the room has enough seats and is accessible to a reporter from the court.
You should know that OAH is a state agency hired by other government agencies to hear about disciplinary, licensure, and administrative issues. Unlike the standard court, which acts independently and makes final decisions, decisions by the OAH are only recommendations to the hiring state agency. The ALJ's mandate ends when they make recommendations to the hiring board, in this case, the CAB. Once the board receives the OAH's proposal, it can ignore or adopt it. If the agency rejects the proposal, they will request the records of the proceedings to make their decision.
Many licensees defending themselves in these cases assume that OAH assumes these proceedings are informal. To their surprise, they find that the hearing is the same as the trial in a criminal court, where one must prepare opening statements, present evidence, and cross-examine witnesses. They end up making grave mistakes that lead the ALJ to issue a decision against them. Therefore, if you have received a formal allegation or statement, do not hesitate to speak to an experienced defense attorney to represent you and argue the case. The appropriate attorney will present mitigating circumstances and give your side of the story for case dismissal or lenient disciplinary measures.
Find a Proficient License Defense Attorney Near Me
If the Architect Board is investigating you or has issued you an issue statement, you must prepare for the administrative proceedings if a favorable settlement fails. Hiring a profound license defense attorney is the best way to ensure you are prepared for every phase of the disciplinary proceeding. Do not compromise your career, image, and future by representing yourself. Contact the Law Office of Sara L. Caplan at 310-550-5877 to start defending your license in Los Angeles.
