A licensed architect must consistently demonstrate competence and professionalism. If not, they risk losing a license they have worked very hard to obtain. Acquiring the necessary skills and experience to get an architect’s license can be a lengthy and costly process. However, you can lose it all, including your livelihood, if there is a complaint against you. Your licensing agency can issue a public citation, which eventually damages your reputation, or suspend or revoke your license.
At Kern County License Attorney, we can help protect your license if there is an allegation against you in Kern County. We can investigate the case to collect evidence that can influence the outcome of your case. We can also bring in witnesses to fight the allegation against you. With our assistance, you can avoid a serious disciplinary action by your licensing agency, which could ruin your career.
Your Valuable Service as a Modern Architect
Architects are in charge of the beautiful structures you see as you walk or drive around the state. They are skilled and experienced professionals who have mastered the art of designing safe and functional structures for various needs and preferences. They plan buildings and provide on-site supervision to ensure that construction is done according to the architectural plan.
However, a professional license is required to work as a modern architect in California. This requires you to demonstrate competence and understanding of the rules and laws governing this noble profession. With the right skills, you can confidently design functional, efficient, and safe structures that are also aesthetically appealing. You must also demonstrate the ability to satisfy municipal building codes as you take careful consideration of your client’s preferences. Generally, it takes years and a strong dedication to become competent enough to qualify for a license.
Additionally, the California Architects Board has strict criteria, which you must satisfy to obtain a license. However, having a license is not the end of the struggle. You must work diligently every day to meet your clients’ needs and maintain your competence and professionalism to keep your license. A mistake or oversight can result in an allegation being filed against you, which puts your entire career at risk.
Losing an architect’s license is easier than gaining it. After years of working hard and spending so much money learning and qualifying for a license, you can lose everything in an instant. A problem with a building you have planned or supervised can cause you problems, even if it is not entirely your fault. A disagreement with a client or employer can also put all your hard work at risk. Even a small mistake can cause you serious consequences. Sadly, even a false allegation can result in the suspension or revocation of your license.
However, you can partner with a skilled license attorney to defend your career. The right attorney will not judge your actions. Instead, they will find mitigating factors that can work to influence the outcome of your case. They can also identify weaknesses in your case to convince your licensing board to dismiss the allegations against you. Having someone by your side is all you need to fight for your license and livelihood.
The Mandate of the California Architects Board
Professional services in California are highly regulated to protect the public from unsafe practices that can result in monetary and non-monetary damages. You need a license to practice a profession, such as architecture, after demonstrating competence and an understanding of the laws and safety standards governing your profession. The California Architects Board scrutinizes everyone who trains in the field of architecture to determine their eligibility for a license. If you meet the set criteria, you are issued a license, which permits you to offer your services within the state. Without a license, your services are deemed illegal, and this can result in an arrest and criminal charges.
Even after obtaining a license, the board continues to monitor your activities closely to ensure that you provide competent, safe, and professional services. If there is a complaint against you from your clients, colleagues, the public, or your employer, the board takes this very seriously. Any action that threatens to tarnish the reputation of this noble profession may result in serious disciplinary action by the board.
Thus, if there is an allegation against you, the board will not take your side. Instead, it will investigate the matter to gather enough evidence to take action against you. Its goal is to protect the public from unsafe and unprofessional services, even if it means suspending or revoking your license. This realization should prompt you to seek someone who can advocate for your rights and best interests. A skilled license attorney understands the challenges that arise when a professional is under investigation by their licensing board. They will use their best strategies to fight for the best possible outcome in your case.
The California Architects Board receives various complaints against licensed architects, such as yourself. Although it does not act on every complaint it receives, the board can take action if the complaint against you seems credible. It will investigate the matter to determine its credibility and to gather more evidence against you. You should take action by hiring an attorney immediately after you are notified of an investigation against you. This way, you will be prepared to fight the allegation once the board holds a hearing to determine the matter.
The Administrative Process
An administrative process against you starts once the board receives a complaint or learns about an allegation against you. If the board decides to pursue the matter, it can investigate to build a solid case against you. Remember that the board is usually not on your side at this point. Thus, its primary goal will be to gather sufficient evidence to take disciplinary action against you. The Office of Administrative Hearings (OAH) will appoint an administrative law judge to hear and determine the matter once the investigation is over. You will be notified of the day and time you are expected to appear before the judge.
During the hearing, the judge will mention the matter and evidence against you. Witnesses can be called to testify against you. Fortunately, you are allowed to have a license defense attorney at the hearing. They will also be prepared to counter the allegations with evidence. Once the presentations are done, the administrative judge will give a final ruling according to the strength of your case and evidence. They will then recommend the proper disciplinary action against you, depending on the severity of your actions.
Your level of preparedness will also depend on the nature of the allegations you face and the possible disciplinary action by the board. Here are common allegations that are brought against licensed architects in California:
- If you are negligent or incompetent when delivering your services
- If you engage in willful recklessness or misconduct
- If you are unprofessional in your dealings with clients
- If you have conflicts of interest in your work
- Practicing without a valid license
- Allowing unlicensed or incompetent assistants to work under you
- Committing fraud when obtaining or renewing your license
- Being discriminatory in your job
- Engaging in drugs or substance abuse, or working while under the influence of drugs or alcohol
- Having a prior criminal arrest or conviction that you did not disclose when applying for a license, and which substantially affects your professionalism or competence
- Violating laws governing your profession, including the Business & Professions Code and the Architects Practice Act
- Being under the discipline or investigation of another licensing body within or outside California
Remember that the nature of the allegation against you will determine how the board will react to you. If the matter is trivial, the board can resolve it without requiring you to undergo an administrative process. Your license attorney can also negotiate for a settlement before the board starts or completes the investigation. However, if the matter is serious, the board will likely hold a hearing to determine the right course of action against you.
A skilled license attorney will ensure you understand your rights and options. They will also do their best, including planning a solid defense, to influence the final decision.
Types of Disciplinary Actions by the California Architects Board
If your case goes to a hearing, the administrative judge will consider the evidence against you and the defense to determine the appropriate discipline for your actions. Their decision is based on the following factors:
- The severity of the case against you
- If your actions caused another person to suffer physical, emotional, or financial harm
- If no harm occurred, the kind of harm that could have occurred
- Your track record of performance, and whether you have prior violations on your record
- If the allegation is a single incident, or multiple complaints by the same person, or different people of the same or different nature
- If you have taken any steps to correct your behavior, or received treatment or rehabilitation for an underlying problem
- If the allegation is about a prior criminal arrest or conviction, the judge will consider the nature of the charge and how you performed after the conviction.
- If you admitted your mistakes or were remorseful
- If the violation happened some time back, how much time has elapsed since the incident, and how have you conducted yourself since then
Here are some types of disciplinary actions the board may impose if there is compelling evidence against you:
A Public Reprimand
Public reprimand occurs if the allegation against you is minor. A warning against further violations accompanies it. However, since it is publicly issued, it can tarnish your reputation. This can impact your career, making it challenging for you to secure a job or attract new clients in the future. Your attorney can fight against it to protect your reputation and livelihood.
A Public Citation
A citation is also issued in case of a minor allegation. However, it requires payment of a specific fine to the board. The amount can depend on the nature of the accusations against you. A public citation will also likely tarnish your reputation, but a skilled attorney can fight against it. They can also fight against the requirement to pay a fine if the amount is more than you can afford.
License Suspension or Revocation
The board can take more severe action against you if the allegations against you are grave. For example, if your actions put your clients at risk of physical, emotional, or financial harm, the board can suspend or revoke your license.
License suspensions are usually temporary. Your suspension can be for a few months or years, depending on the severity of the allegation. You will not be able to earn a living during this period. You must also apply to reinstate your license through a rigorous process. License revocations are permanent; you will no longer be able to serve as an architect once your license is revoked. This leaves you without a career or livelihood.
An aggressive attorney can fight against these disciplinary actions for the best possible outcome in your case. They can introduce mitigating factors in your case to convince the board to reconsider its decision. A compelling statement can also help the board understand how the ruling is against your best interests as a trained architect. Instead of a suspension or revocation, your attorney can suggest license probation, which allows you to continue practicing as you receive treatment or rehabilitation for an underlying issue. They can also negotiate for the dismissal of your charges if you demonstrate a changed character or attitude.
Find a Competent License Defense Attorney Near Me
Is your architect’s license under the board’s investigation in Kern County?
This can be the most challenging moment of your career. However, a skilled license attorney can help you understand the seriousness of the matter, your options, and the best strategies for a reasonable outcome.
At Kern County License Attorney, we understand how difficult it has been for you to obtain a professional license in the first place. We recognize the sacrifices you made to advance your career to where it is today. We can help you defend your career and livelihood, regardless of the allegations against you. We can negotiate a settlement or utilize our best strategies to defend against your charges. Call us at 661- 558-1950 to learn more about your situation and our services.
