A career as a landscape architect can be highly satisfying. In addition, it is among those careers that heavily rely on the trust of the public, as clients entrust you with adorning and designing outdoor spaces while ensuring they are safe and secure for use. Unluckily, this means that any complaint can lead to your licensing board scrutinizing your licensure, possibly prompting an investigation and sanctions.
You can lose your practice license for various reasons, and this can mean the end of your career. If you have been placed in a position where losing your license is a possibility, you want to understand the process involved and the options you have. Your first step should be to retain an expert license defense lawyer who will advocate for your rights throughout the entire process.
At Kern County License Attorney, our lawyers assist licensed professionals, including landscape architects, who are subject to disciplinary action from their licensing boards. We can help you successfully retain your license. Call us today for a free consultation.
The Landscape Architecture Practice
California law requires that all landscape architects be issued a practice license by the Landscape Architects Technical Committee (LATC). You must meet various requirements to obtain your professional license. This includes passing the national exam and the California Supplemental Exam (CSE). You must also have undergone professional training and education in landscape architecture for a maximum of six years. Examples of areas in which landscape architects are tested are:
- Field inspection and supervision of the land site, whereby construction, restoration, or maintenance will occur
- Creation of general site plans, grading, drainage plans, and watering methods
- Preparation, evaluation, and analysis of plans, land construction, and use
- Invention of written or visual standards to regulate the design of construction projects and plans
- Practicality studies
- Assortment, distribution, and research of water resources and land for appropriate utilization
What Do Landscape Architects Do?
The primary role of landscape architects is to enhance the aesthetic appeal of outdoor spaces. Many people do not notice the works of landscape architects, but they do notice those of architects and engineers. If you see the grounds of a residential or commercial building well arranged, then a landscape architect is responsible. They also make public parks, playgrounds, and gardens delightful.
Landscape architects plan and execute various projects, for example, road schemes, pedestrian schemes, and urban renovation projects. In addition, these professionals conduct research on the land site where a particular project will happen. They study contours, heritage, roads, and ecology, and analyze the soil before a project can begin. Before any project commences, they assess the site to see whether it will satisfy the project owner’s needs.
Specific projects may hurt the environment. Thus, it is the responsibility of landscape architects to evaluate the projects’ environmental impacts and consider all views of parties interested in the said project. These experts also present plans, proposals, and ideas to their various clients, respond to their questions, and adjust those plans or proposals to meet the clients’ needs. When a client has their own ideas or suggestions about how they want the outcome to look, a landscape architect will work to match those ideas with what can work favorably.
A landscape architect conducts frequent site visits and works with the other professionals assigned to the project to ensure its prompt completion. They also ensure the project’s safety and its adherence to landscaping rules and local authorities’ laws. Additionally, they determine the start and end dates of projects and are involved in preparing project budgets, which include permit costs, fees, and other expenses.
A landscape architect prepares the contract for the project they are supervising and issues the project tenders to various qualified contractors.
Note that landscape architects and landscape designers are two different professionals. Landscape designers are responsible for creating blueprints and designs, while landscape architects specialize in soil analysis, grading, landscaping, and safety.
The California LATC Mission
The California LATC is under the purview of the California Architects Board (CAB). The state legislature established this committee to safeguard the health, welfare, and safety of the public by setting standards for landscape architecture licensure and enforcing the regulations and laws governing the practice of landscape architecture in California.
The LATC is one of several bodies within the Department of Consumer Affairs (DCA) responsible for consumer protection and regulating licensed professionals. Its other functions include the following:
- Issuing licenses to qualified landscape architects and denying those who do not qualify
- Creating regulations that govern landscape architecture in California and enforce the already existing ones, like the Business & Professions Act and the Landscape Architects Practice Act (LAPA)
- Imposing disciplinary actions against landscape architects who have violated the law, including revoking or suspending their license
Common Allegations Against Landscape Architects in California
According to Article 5 of the LAPA, the LATC can impose disciplinary action on a landscape architect for various violations. These are as follows:
- Obtaining a license fraudulently
- Alcohol or drug abuse, particularly while on the job
- Impersonating a dead landscape architect or practicing under a false name
- A criminal conviction related to the duties, functions, and qualifications of a landscape architect
- Stamping, signing, or presenting work as yours when you never created or supervised it
- Incompetence, gross negligence, negligence, or intentional professional misconduct during the performance of your duties
- If you are already facing professional discipline from a different California board or a licensing agency in another state.
- Any fraudulent activity, for example, insurance fraud
- Permitting the unlicensed practice of landscape architect assistants
- Aiding or abetting unlicensed practice
The Landscape Architects Technical Committee can receive complaints of the above allegations from various sources. These include clients, the public, other professionals, colleagues, and so on.
When a party complains to the committee about you having violated the law, a suspension or revocation of your practice license is virtually always an option. The committee quickly dismisses many complaints as unsubstantiated or due to a lack of adequate evidence once it has conducted a brief investigation. However, when the committee’s enforcement unit sends you a Notice of Investigation, you do not know what comes next.
Do not ignore any complaint against you that leads to an in-depth investigation. If you do, you may not have enough time to develop a defense strategy or simply lose your license because you did not file a Notice of Defense. Therefore, you want to consult a professional license defense attorney right after you learn that you are under investigation.
The Disciplinary Process Against a Landscape Architecture License
When the LATC receives any form of complaint about you, it reviews it to determine whether it falls under its jurisdiction. If the complaint falls within the LATC’s jurisdiction, the committee will review it further to establish whether there is sufficient evidence for an investigation. If there is enough evidence, the LATC will send the complaint to its investigation division, which will then send you a Notice of Investigation.
When the investigator initiates their investigation, they may contact you to request information or for an interview. Do not respond to the investigator without first contacting your lawyer. The lawyer can advise you on how to respond to the investigator’s questions so you do not give self-incriminating answers.
Investigations could run for several months or years. Sometimes, while these investigations are ongoing, the committee might issue an interim suspension order (ISO) against your landscape architect license. An ISO is a temporary order that stops you from continuing to practice while investigations are ongoing, usually because you pose a risk to yourself or the public. Your lawyer can help you challenge this order, so you do not have to cease practicing while awaiting the investigations to end.
When the investigation concludes, the LATC will take various actions contingent on the investigation’s outcome. It can opt to take the following actions, among others:
- Close the case for lack of substantial evidence to take further action
- Issue a fine and citation if the complaint is a minor one
- Send the matter to the office of the attorney general for formal action.
If the attorney general’s office receives your case, the deputy attorney general may decide to file a formal accusation if you are a license holder or a Statement of Issues if you are a new applicant. Either document details the specific allegations of unprofessional conduct or regulation violation by you and the action the committee intends to take. When the deputy attorney general files either a formal Accusation or Statement of Issues against you, they will send you notice.
If you intend to defend your license, you must respond to the notice sent to you by filing a Notice of Defense within 15 days of receipt. Failure to file your response will lead to the committee issuing a default order, which may lead to the loss of your license. If you file your response promptly, the Deputy Attorney General will schedule an administrative hearing, which will be held at the Office of Administrative Hearings and be presided over by an Administrative Law Judge (ALJ).
During the hearing, the committee, through the deputy attorney general, will have the chance to submit evidence against you. Once done, you will also have your chance to present your evidence and witnesses and conduct a cross-examination. When the hearing ends, the ALJ will review all the evidence submitted and will have thirty days to give their written recommendations to the LATC on the action to take.
When the ALJ finally submits their recommendations to the LATC, the LATC has the discretion to adopt them as they are, modify them, or reject them.
Disciplinary Actions Against a Landscape Architect
Based on the outcome of the hearing, the LATC may impose various disciplinary actions. The type of specific discipline the LATC imposes is based on multiple factors. These include the following:
- The rehabilitative steps you have taken to remedy the situation that your violation caused
- The nature and number of allegations you are facing
- The period that has elapsed since your last violation
- The extent of actual damage that the violation may have caused
- The absence or presence of physical or financial harm originating from the violation
Some disciplinary actions the LATC can impose against your license are as follows:
- License probation. This form of disciplinary action allows you to continue with your profession but under specific terms and conditions. These conditions may include undergoing additional training, supervised practice, and monitoring, among other measures.
- License suspension. A suspension means you will be unable to practice for a specific period, which could range from months to years.
- License revocation. If the LATC revokes your license, you cease practicing permanently. A reinstatement of your license may require you to apply for it anew.
- Fines. The LATC may impose a fine against you in addition to other disciplinary action.
- Further education. The LATC may direct you to undergo and complete further training, classes, or coursework.
- Practice restrictions. The LATC can limit the services you provide or how you run your business.
Appealing the LATC’s Decision
Should the committee impose harsh disciplinary action against your license, such as revoking it, you can appeal their decision. You can also appeal if you are a new applicant and your application was denied. However, ensure you have satisfied all the requirements and complied with all the rules of the LATC before you can appeal. Your lawyer can help you present compelling evidence to prove you qualify for the professional license.
If your license has already been revoked or suspended, your lawyer may be able to successfully assist you in having the disciplinary action reduced or mitigated. If that is impossible, your lawyer can successfully help you seek a reinstatement after a given period has passed.
Contact an Experienced Professional License Defense Lawyer Near Me
As a landscape architect, do not take for granted the fact that someone has filed a complaint against you to the LATC. A complaint against you would mean your career and livelihood are in jeopardy. Therefore, you should act quickly and consult a skilled professional license defense lawyer.
At Kern County License Attorney, we can help you. We have extensive experience defending landscape architects against various allegations that threaten their licenses. We possess in-depth knowledge of the laws and processes involved in fighting a case and can also negotiate with the LATC, if necessary, for the most favourable outcome. For a complimentary consultation or to share your case details, call us at 661- 558-1950.
