You fuse art with science as an architect or engineer. However, for this to happen, you spend years and vast amounts of money to obtain the skills and knowledge for the profession. You combine these skills with talent to deliver structurally sound neighborhoods and skylines that keep the public safe. Reputation is critical when acquiring and retaining new customers. Unfortunately, with the high stakes involved in your job, a simple mistake can lead to a complaint from a client, threatening your architect's career. At Kern County License Attorney, we will stand with you to defend against any threats that could jeopardize your professional license.

Services Offered By Today’s Architects

Walking through California neighborhoods and cities, you will notice skylines and other structures designed by the state’s skilled and certified architects. These professionals give cities and communities life and color by carefully designing structures and supervising the construction for the best possible result.

Modern architects aim to ensure efficiency, aesthetics, structural soundness, safety, and functionality. However, the path to achieving these goals has its challenges. Local governments, such as municipalities, have strict building codes that architects must navigate when planning and constructing structures. Contractors and their clients also have their preferences when delivering projects. Therefore, as an architect, you must balance client preferences and the municipality's structural codes, a task that is not without its difficulties. At Kern County License Attorney, we understand these challenges and are here to help you navigate them.

Becoming a licensed architect takes years of training and education. Once you complete your studies, you go through a lengthy and costly license application process, with no guarantee of licensure because the state’s architect board does not accept all license applications because of factors specific to applicants.

Therefore, if you have worked hard to meet the board’s conditions and obtain a valid license, it would be disappointing to lose it quickly because of a small error. Any structural issue relating to a building that arises during construction or after a building has been completed could threaten your license, even when the party to blame is the contractor. Some contractors or clients disregard the architect’s instructions or blueprint to meet their preferences, sometimes leading to structural problems that make buildings unsafe for the public. Humans are prone to error, and architects are prone to make mistakes. These errors sometimes lead to severe consequences, including license cancellation or withdrawal.

At Kern County License Attorney, we will not judge you or seek revenge for false allegations. Instead, our goal is to defend your license and reputation.

California’s Architect Board Mission

You must know that even though the board approves your license application, it does not exist to protect architects, only the public. However, this does not mean that the agency works against you. The primary mission is to ensure that buildings within the state meet the required safety and structural standards in the industry to protect the public.

As an architect, you fully understand their mission and support their work. Nevertheless, focusing more on the consumers of the services offered by architects means people can easily accuse architects of mistakes they did not commit or omit information that could favor an architect. Thankfully, with the assistance of an attorney with experience defending architect licenses, you can protect your career from these accusations.

The architect agency achieves its mission by setting standards that all license applicants must satisfy before licensure and regulating the industry. When a licensed architect violates industry regulations, the agency imposes the relevant disciplinary action, including issuing compliance deadlines or withdrawing the license.

Similarly, the board receives complaints against architects from the public or other stakeholders in the industry, including your fellow architects. The agency’s enforcement staff then examines the complaint to determine if it can be substantiated. Members of the enforcement staff include:

  • An agency-contracted consultant architect
  • The Division Of Investigations (DOI)
  • The Attorney General’s office

These staff members throughout complaints that cannot be substantiated and left with those that can be proven. Substantiated complaints go to the DOI for further investigations. The contracted consultant architect investigates technical complaints. When further investigations prove misconduct, all cases must be reviewed by the AG’s office. The AG then decides whether the evidence obtained is sufficient to initiate disciplinary action.

Investigations into misconduct allegations usually involve a sting operation against the alleged architect. Other times, you will receive a call from the enforcement staff inquiring about a particular incident. Do not answer these questions before speaking to your attorney to avoid giving out self-incriminating information. If the investigators lack sufficient evidence, the AG will not prefer any accusations against you. However, you will face accusations and possible disciplinary action when there is sufficient evidence.

Whether you have been served with an investigation or accusation notice, you should speak to a knowledgeable criminal defense attorney who understands architect license cases and procedures. Your legal representative will safeguard your license and livelihood.

Complaint Process

After receiving an accusation, settling the matter with the involved parties is best. In a settlement, you admit that you engaged in professional misconduct and that you understand the disciplinary action you should face for the action. When you do this, the admission of guilt and the relevant disciplinary action are written in a legal contract, “the settlement," and then sent to the licensing board for approval and implementation. Before you agree to a settlement, it is critical to consult with a competent attorney to ensure that the settlement is favorable and will not severely dent your license and reputation. 

If the settlement is unfavorable and no agreement is reached, the case proceeds to an administrative process presided over by an administrative law judge (ALJ). The judge evaluates the case, draws a conclusion, and then proposes disciplinary measures to the architect licensing agency for review and adoption. The board does not always accept the ALJ’s proposal. When the proposal is declined, board members request administrative proceeding transcripts. They analyze these records and issue a verdict.

If you are unhappy with the board’s decision, you can file for reconsideration or a mandate writ with the California Superior Court challenging the agency’s decision. Your complaint and the verdict against you by the board are public records, meaning your existing and prospective clients will access them, severely denting your career and reputation. A complaint from start to end takes twelve to twenty-four months, considerably an extended period. Therefore, you should speak to an attorney immediately after you learn of the investigation to prevent a temporary suspension. That way, you can continue offering your services and earning a living as the case continues.

Common Violations Architects Face

The state’s architect agency protects consumers of architectural services. Its enforcement program ensures that all licensed architects follow the rules governing the practice and judiciously enforce these rules.

The enforcement staff investigates complaints and takes disciplinary action against licensed or unlicensed architects who have engaged in misconduct. The common violations in the profession reported by consumers include:

  • Negligence and intentional misconduct. Architects must offer their services within the industry standards. Any deliberate misconduct or negligence attracts severe ramifications. Negligence means failure to attain the requisite industry standards when designing a structure by contravening municipal codes and regulations. In construct, willful or intentional misconduct means deliberately breaking the law. The violation is more severe than negligence and attracts harsher disciplinary actions. You engage in willful misconduct when you stamp or sign a deficient building plan, obtain money when you have not offered services, and leave a project incomplete after obtaining payment. 
  • Discrimination
  • Unprofessional behavior
  • Engaging in various types of fraud
  • Having a conflict of interest in a project you are working on
  • Allowing unlicensed individuals to work unlawfully
  • Substance use on the job
  • Having a guilty verdict for a crime related to your profession
  • Fraudulently obtaining the architect’s license
  • I was practicing without a license. California Business and Professions Code 5536(a) prohibits unlicensed individuals from providing architectural services, using a phrase that suggests the title architect, using a licensed architect’s stamp, or issuing business cards or signs that suggest you are an architect.
  • Not completing the requisite continuing education on disability access. The buildings that you design must be accessible to persons with disabilities. Therefore, the board ensures that you have the skills to meet the disability access requirement for building designs by imposing five hours of continuing education. Every time you renew your license, you must prove to the agency that you meet this condition.
  • Not satisfying the conditions of a written contract

The Administrative Proceeding

California’s Office of Administrative Hearings (OAH) handles all license disciplinary issues, including professional license cases involving dentists, architects, engineers, physicians, and insurance brokers.

The office has 75 ALJs in four offices: San Diego, Sacramento, Los Angeles, and Oakland.

The disciplinary process begins with a complaint. A client or colleague reports you to the board for a violation. The agency sends you an accusation once the enforcement staff substantiates the claims. When receiving the statement issue, you petition for an administrative proceeding. After you do this, the case will be moved to OAH for a hearing. If your case reaches this office, an ALJ will have authority until the claimant withdraws their complaint or the judge decides.

The hearing usually occurs in a courtroom in one of the OAH offices. However, if you are in a remote area, the proceedings can take place in any silent room with enough seats and tables, which a reporter from the court can access.

Unlike in typical courts, where the judge’s verdict is final, in OAH proceedings, the ALJ only makes proposals, which they send to the relevant state agencies, in this case, the California Architect Board, for adoption, rejection, or adjustment. If your agency rejects the judge’s proposal, they rely on their investigation to issue a verdict.

Do not assume that OAH hearings are informal because they differ from criminal court hearings. Making assumptions could lead you to represent yourself, which is the wrong decision because you will likely have an unfavorable outcome. Before appearing for the proceeding, you should prepare sufficiently and understand the court processes. An attorney who understands architect license defense is the best in your corner because they will plan for the hearing and prepare the proper defenses for a fair outcome.

A knowledgeable attorney will do all the work for you, including cross-examining witnesses, conducting an independent investigation, poking holes in the evidence submitted against you, and arguing in your defense.

When a minor violation is involved, undergoing a lengthy OAH proceeding is unnecessary. Instead, you can settle the matter with a citation, fine, or warning letter as a discipline. Even though these will still hurt your reputation, it is the most lenient discipline you will face for a violation. Presenting mitigating circumstances in the case can lead to a fine being reduced into a private citation or warning.

Architect License Probation

The harshest punishment that can be imposed on your architectural license is a suspension or revocation. A suspension will prevent you from practicing for a given duration, while with a revocation, a license reinstatement is not guaranteed. You could be forced to start a career in another field. Thankfully, with the guidance of an attorney, you can negotiate with the board to have the suspension or revocation reduced to probation. The advantage of probation is that you continue offering your services to clients during the probationary period, although under strict conditions.

Your attorney should negotiate for lenient probation conditions and a short probationary term. If the terms are strict and the duration is long, it will be challenging to abide by them, resulting in a revocation or suspension.

License Reinstatement

Reinstating your license when revoked is lengthy and complex, thus requiring an attorney. Per the Business and Professions Code 5573, a suspended license can be reinstated if you show you have complied with all conditions imposed by the board, including license renewal during the suspension period. However, renewing the license during withdrawal does not allow you to practice.

In contrast, when a license is revoked and is bound to expire, you should not renew it. When the reinstatement happens after expiration, you will pay a reinstatement cost equal to the renewal fee. Besides, you should pay any delinquency costs accrued during revocation before the license is reinstated.

Find a Profound Architectural License Attorney Near Me 

Any complaint that could attract disciplinary action threatening your career and livelihood should be fought aggressively. At Kern County License Attorney, we know your struggle to acquire the architectural license, so we will fight to protect it and your future. Contact us at 805-702-8560 to discuss your case and formulate suitable defenses.