As a landscape architect, you have put great effort, time, and financial resources into obtaining your license. You can practice in this field after completing your education and passing the licensing examination. Often, your license allows you to offer your services to the community.

Even after obtaining the license, you must follow all the regulations set by the California Architects Board. This Department of Consumer Affairs branch protects consumers from professional misconduct. If you deviate from the expected code of conduct, you can report to the board, where you face a thorough investigation and potential discipline.

After receiving a notice that you are under investigation, you must take the necessary measures to fight the allegations and protect your license from adverse disciplinary actions. You will benefit from the top-notch legal guidance we offer at Santa Cruz License Attorney if you are battling license discipline in Santa Cruz, CA.

Role of Landscape Architects in California

Landscape architects are professionals trained to shape our surroundings through design, planning, and analysis of the natural and built environment. Becoming a landscape architect requires extensive education and training through undergraduate and graduate degrees. After completing your education, you must take a licensing examination before receiving your permit to offer services in California. The typical duties of a licensed landscape architect include:

Creating plans, designs, and drawings of built and natural environments using computer programs.

  • Conducting site surveys.
  • Advising property owners on effective environmental conservation.
  • Conducting environmental impact assessments.
  • Writing reports for different projects.
  • Maintaining communication with clients regarding ongoing projects.
  • Drawing contracts with estimated costs of projects.
  • Overseeing the progress of different projects.
  • Liaising with other professionals, including engineers, town planners, and surveyors.
  • Presenting proposals to clients.
  • Billing of clients for projects.

The Landscape Architects Practice Act

The California Architects Board is the regulatory body that regulates and monitors the practice of licensed landscape architects. The Landscape Architects Practice Act is a subdivision of the Architects Board that aims to protect the general public from misconduct by architectural professionals. The roles of the Landscape Architects Practice Act include:

Licensing of Professionals

One of the primary roles of the Landscape Architects Practice Act is to issue licenses to qualifying professionals. The board sets requirements for individuals who apply for a landscape architect's license, including education and training requirements. In addition, the board administers an examination you must pass before receiving the license.

Setting Practice Standards

The Landscape Architects Practice Act sets standards that all licensed professionals must follow. These standards will ensure uniformity of services and protect consumers from harm. Some of these standards may include billing procedures and the quality of services that must be offered.

Receiving and Investigating Complaints

All complaints against licensed landscape architects are received and handled by the California Architects Board. Upon receiving the complaint, the board will perform an initial review to determine its ground. If the complaint against you holds merit, the board will perform further investigations.

Enforcing disciplinary measures

The board will schedule an administrative hearing, during which the administrative law judge will assess your case after investigating your alleged violations. If the alleged violations are confirmed, the LATC will take the necessary disciplinary action against you.

These disciplinary measures are intended to deter the professional from breaking the law again and to warn other professionals who might act in a similar manner.

Grounds for Disciplinary Action by the Landscape Architects Practice Act

Your license is your livelihood as a landscape architect in California. Unfortunately, you could face an investigation and disciplinary actions, including the loss of your license for various violations, including:

Obtaining an Architect License Fraudulently

To obtain a landscape architecture license, you must follow the proper channels. This includes meeting the education requirement, applying for the license, and paying the necessary fees. Failure to follow these processes could result in allegations of fraud. The LATC can second or revoke the fraudulently obtained license in this case.

Practicing Landscape Architecture without a License

You must have a valid license to legally offer your California landscape architect services. You will obtain this license after meeting the training requirements and passing the licensing examination. If your license application has not been approved or you have lost your license in a suspension or revocation, practicing landscape architecture may be reported as a severe violation.

Practicing Beyond the Scope of Your Profession

When you obtain an architect's license, you will learn the duties and services you can provide. Offering services beyond the scope of your license violates the board's standards and can result in severe action against the license.

Alcohol and Substance Abuse

You can be reported to the LATC for the use of alcohol or other controlled substances during work. Substance abuse can result in addiction and impairment of judgment. This could affect the quality of service you offer your clients. Although the use of alcohol or drugs is a personal choice, it can have a devastating impact on your professional license.

Criminal Convictions

The greatest fear for most defendants facing criminal charges in California is the thought of spending time behind bars after a conviction. However, for a licensed landscape architect, there is an added risk of losing your license and livelihood. The law enforcement department will notify the LATC about your conviction.

This will kickstart an investigation against you and may end in severe disciplinary measures against your license. The nature of the punishment you will face from the Architects Board after a criminal conviction will vary depending on the nature of your crimes and their impact on your architecture practice.

Common offenses whose conviction can impact your license include:

  • Forgery (PC 470).
  • Drunk driving (VC 23152).
  • Possession of a controlled substance (HSC 11350).
  • Robbery (PC 211).

Unprofessional Conduct

The Landscape Architects Practice Act sets standards of practice that each licensed professional must follow to ensure quality and safe consumer services. These include being truthful in client communications, acting in their best interests, and adhering to ethical principles.

Deviating from the required standard of practice may result in allegations of unprofessional conduct. Common forms of unprofessional conduct by landscape architects include fraudulent billing for clients, engaging in sexual relationships with clients, and lack of accountability.

Insurance Fraud

Insurance fraud occurs when an individual or entity makes false or exaggerated claims for compensation. You can be reported to the board if you engage in conduct that could result in underserved financial gain and loss to an insurance company. In addition to facing license discipline, insurance fraud is an offense that can result in an arrest and criminal charges.

Signing Work Not Supervised By You

All drawings and other deliverables you sign and stamp must be created by you or under your immediate supervision and control. Signing work that is not yours violates Business and Professions Code Section 5673.

Aiding Unlicensed Practice

Landscape architects supervise and plan for different projects. Sometimes, you may need to outsource services from other professionals to complete the project effectively. You must ensure that the individuals who hire are licensed to offer the services for which you outsource them.

Hiring or allowing unlicensed personnel to work under you on a client's project can put your license at risk of suspension or revocation.

Landscape Architect License Disciplinary Process

Your case will go through the following steps if you are reported for a violation of the Landscape Architects Practice Act:

Complaint

The disciplinary process by the Architects Board begins when a person submits a complaint about you to the board. The complaints could be submitted by your clients, employer, or colleagues if you violated the professional code of conduct. If you have suffered a criminal conviction, the complaint may be submitted by the law enforcement department.

Complaints to the Landscape Architects Practice Act can be made through email, phone calls, or by filing complaint forms at the board offices. After receiving the complaint, the board will conduct a review to determine its bases.

Complaints not within the LATC’s authority will be transferred to the appropriate departments.

Investigation

If a complaint is within the jurisdiction of the Landscape Architects Practice Act, a further investigation is conducted. As part of the investigation process, more evidence is gathered for the case through:

  • Interviewing both you and the case's witnesses.
  • An extensive examination of your criminal record.
  • Examining the supporting documentation for the claims.

If the inquiry produces substantial proof to bolster the complaint, the board might recommend that you sign a document acknowledging responsibility for the infraction. This means that you will not attend an administrative hearing and cannot present a defense. A stipulated agreement may be beneficial to negotiate a favorable disciplinary action.

Administrative Hearing

An administrative hearing is scheduled for professionals who decline to enter the stipulated agreement. Before you attend the hearing, you will have a 30-day discovery phase. During this period, both sides of the case can evaluate the evidence the other side seeks to present.

At the administrative hearing, you can present your defense against the allegations and cross-examine the witnesses the board has presented.

Decision

After reviewing the evidence presented, the administrative law judge will decide on your case and present the decision to the board. Under GC  11517(c)(2), the board can accept, modify, or deny that decision depending on the circumstances.

Appealing the Board’s Decision

You can appeal the decision if you are found liable for the alleged violations and the LATC imposes license discipline against you. This gives you a chance to have your case reviewed by the board. Another way you can appeal the decision is by submitting an appeal to the California appeals court within thirty days of receiving the board's decision.

Disciplinary Action Imposed by the Landscape Architects Practice Act

The Landscape Architects Practice Act can impose the following disciplinary actions against your license if you are found to have violated their code of conduct or California criminal laws:

Reprimand

The board can issue a reprimand for professionals facing allegations for minor offenses. The reprimand warns the professional against similar violations in the future. A reprimand does not deter you from practicing as a landscape architect.

Probation

For more severe violations, the board can place your license on probation. While on professional probation, you can still practice architecture. However, your conduct will be closely monitored. Additionally, the board can impose some conditions you must practice during probation.

License suspension

The Landscape Architects Practice Act can suspend your professional license if you're found guilty of a severe violation. A license suspension means you will no longer practice as a landscape architect. License suspension is not permanent; you can reinstate your license after the suspension period has elapsed.

However, when you petition the board for reinstatement, you must prove that you have been rehabilitated and establish how you earned a living while your license was suspended.

Revocation

A license revocation means the loss of your landscape architect license. Unlike suspension, a revocation is a permanent decision. After a revocation, you will be deregistered and cannot claim to be a licensed landscape architect.

You may face this type of disciplinary action if you are convicted of a serious offense like murder or if your professional violation significantly impacts a client. The process of reinstating a revoked professional license is complicated and tedious. Therefore, you will need the insight of a license defense attorney if you face this disciplinary action.

Find a Skilled License Defense Lawyer Near Me

The Landscape Architects Practice Act monitors your practice as a licensed landscape architect. The California Architects Board and the LATC seek to protect consumers from harm or loss caused by unprofessional conduct. You can be reported to the LATC if you engage in violations like fraudulent billing, faulty record keeping, and practicing without a license.

The board will launch an investigation and hold an administrative hearing, after which it can impose disciplinary action against you. Depending on your tenure and the severity of your violations, disciplinary action could range from minor warnings to losing your license in suspension or revocation.

If you are under investigation by the Board of Architecture in Santa Cruz, CA, you must hire a reliable license-defense attorney to help you navigate and prevail in the disciplinary process. At Santa Cruz License Attorney, we have the knowledge and expertise you need to secure a favorable outcome for your case. Contact us today at 831-732-4390 to discuss the details of your case.