Landscape architects are responsible for the functional and attractive gardens, parks, and playgrounds you see around you. They design beautiful homes for residential areas, public spaces, and college campuses. They also plan locations for roads, walkways, buildings, shrubs, flowers, and trees in our environments. Obtaining a professional license in this field requires many skills, dedication, and experience. Sadly, you could lose it if there is a complaint against you with your licensing board.
The Landscape Architect Technical Committee acts on almost all complaints of professional misconduct from dissatisfied customers. A simple mistake or misunderstanding puts your license at risk. This could result in lost time, money, and other resources you invested to become a reputable architect.
However, our licensed attorneys at Kern County License Attorney can work with you to develop strategies to protect your reputation and license. Instead of losing hope and giving up your livelihood, you can overcome the challenge by fighting for the right outcome if you face professional misconduct allegations in Kern County.
The Service of a Landscape Architect Is Invaluable
Taking care of the environment is your mandate as a human being. But because of the hustle and bustle of the modern world, you cannot achieve much. Fortunately, landscape architects save our day all the time. These trained professionals create designs and make decisions that make the environment more attractive. A look at some of our tree-lined avenues in California will give you a glimpse of the hard work these professionals engage in. They beautify the residential, public, and even private spaces. They design gardens and follow up to ensure they are functional and beautiful.
For years, landscape architects have created beautiful designs for commercial and residential property owners. Although many people are stunned at the outcome of their creativity, dissatisfied customers usually file complaints with the Landscape Architect Technical Committee (LATC). This threatens an architect’s license and livelihood and could affect their future efforts to make a living.
You need intensive training, experience, and dedication to create a beautiful outdoor space and work as a reputable landscape architect in California. You should also demonstrate excellence and efficiency to obtain a professional license in the field. The LATC carefully selects qualified architects and licenses them to serve a particular area within the state. Once you obtain a license, you can advertise your services, look for clients, and take on as many projects as possible.
Sadly, your success in the industry mainly depends on your customers’ satisfaction. If one or a few of your customers are dissatisfied, the LATC can suspend or revoke your license, leaving you without a means to earn a living. It helps to engage a skilled license attorney if there is a professional complaint against you with your licensing board. Your legal representative will consider the nature and gravity of the allegation to develop a fighting strategy and push for a favorable outcome.
The Role of the Landscape Architects Technical Committee
You need a college education to become a landscape architect. However, that does not qualify you to offer your services in California. You must obtain a license or permit from LATC. A permit shows you have the rights, skills, and experience to serve in the industry. It also shows that you understand the safety and professional requirements, and the laws governing landscape architects in the state. Since LATC only licenses qualified architects, it can withdraw your license if you fail to demonstrate professionalism in your service delivery. For example, if you are negligent, incompetent, or fail to abide by the set standards, you do not qualify for a professional license, and the committee can revoke it.
Thus, obtaining a professional license does not guarantee you will work in the industry for a lifetime. You must continually defend your license by maintaining professionalism when discharging your services. The committee will be quick to revoke your license or otherwise take disciplinary action against you if you deviate from the set standards of operation. The committee’s primary mandate is to push for quality, safe, and professional services from licensed architects.
When you make a mistake or have a misunderstanding with a customer, and someone files a complaint against you with the committee, the committee must take action to protect the public. The kind of disciplinary action the committee uses depends on the nature of the complaint, its gravity, and your performance history in the industry. Its primary goal is to ensure that only professional and qualified architects are licensed. Thus, the committee can cancel your license if you demonstrate unprofessionalism or incompetence.
To achieve its mandate, LATC creates regulations that architects must adhere to under state laws and expected industry standards. The regulations stipulate how architects must conduct themselves when delivering their services. The committee also includes certain behaviors that are unacceptable for licensed architects. Here are common violations and offenses that can compel the committee to take action against a licensed landscape architect:
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Obtaining a landscape architect license by fraud.
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Impersonating a renowned architect or using a fake name when serving clients.
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Allowing an unqualified person to serve as your assistant in a capacity that requires excellent qualification.
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Aiding or abetting unlicensed or illegal practice.
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Committing any kind of fraud, including insurance fraud.
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Being incompetent or negligent (ordinary or gross negligence).
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Willful professional misconduct in service delivery.
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Abusing alcohol or drugs while working.
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Stamping or signing someone else’s work as your own.
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A criminal arrest or conviction that affects your ability to offer safe or professional services.
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Being investigated by another government agency or a different state’s licensing board.
The LATC receives information from various sources, including concerned members of the public, your customers, the police, and even family members. Although it does not investigate all complaints it receives, the committee takes stern action against any architect found guilty of professional misconduct. It could dismiss your allegation if it is minor, unsubstantiated, or lacks evidence. It also investigates serious allegations and enforces discipline in the event of a credible allegation. Any disciplinary action the committee takes could potentially harm your livelihood. Even though not all penalties lead to license suspension or revocation, some affect your reputation and ability to acquire clients or find employment.
Hence, you must contact an attorney immediately after the committee notifies you of a pending investigation. Your lawyer will protect your rights and push for the right resolution of your case. They will also protect your reputation and livelihood.
The Process LATC Follows After Receiving a Professional Misconduct Complaint
When the committee receives a complaint or allegation against you, they will review the details of the allegation and your record of performance to decide whether to pursue the matter. The committee will start an investigation if the complaint is grave and credible. The duration of the investigation can be weeks, months, or years, based on the extent of your violation. The committee could take action against you pending the determination of your case if the violation is grave and could potentially harm other people or businesses. In this case, the committee can suspend your license temporarily until a more informed decision is reached after the investigation.
The committee will appoint a team of judges to oversee your case's investigation, hearings, and determination. The judges could summon you for a hearing once or several times based on the gravity of the matter. You could bring legal representation during these hearings and provide evidence to fight the allegation. Your attorney can also fight any action the committee will take against you pending the conclusion of your case. This way, you can continue your life and business until the judges make a more informed decision.
The legal processes involved are complex and could confuse an ordinary architect. However, license attorneys are familiar with all these processes. They also work with the same or similar committees every day. Thus, the attorney will streamline the processes for you. They will also advocate in all legal matters to protect your rights and prevent you from incriminating yourself. The attorney will also prepare all the necessary paperwork and provide evidence to help your situation.
Appearing before a judge could be intimidating, especially if it is your first time. You may not even know how to answer questions or cross-examine witnesses. Your legal representative will be crucial during these hearings to ensure you always have the upper hand in the case. They could also fight the evidence against you and introduce evidence and mitigating factors that could result in a favorable resolution.
Administrative hearings are usually about reviewing the case and the evidence obtained by the committee during the investigation. You can also table evidence and make a statement before a judge concludes the case. If the committee has compelling evidence against you, and the judge’s ruling is against you, the judges will advise the committee on the right course of action. Here are examples of penalties LATC uses against landscape architects found guilty of professional misconduct:
A Citation and Fine
If the committee decides to issue a citation against you, you could be required to pay a fine. The committee decides the fine amount based on the gravity of your charges. LATC issues these citations on its website. If your customers or employer discover the misconduct and citation, this could pose a problem. You could lose your job and customers and experience difficulties finding new jobs afterward.
A competent license attorney will challenge the citation and fine to protect your job and reputation. They could also negotiate with the committee for a favorable or no fine.
A Reprimand Letter
If the allegation is minor and your actions hurt nobody, the committee can warn against similar behavior. The warning comes as a reprimand, which the committee issues through its website. Remember that a website is in the public domain, to which your employer and customers could have access. This could also damage your job, reputation, and prospects. But your attorney can also fight it to protect your name and career.
License Probation
Sometimes, LATC sends landscape architects on probation before deciding on their case. Probation means you will continue working as usual but under the committee’s observation. Any mistake you make during this period could lead to license revocation.
Your attorney can fight the probation by assuring the committee of your commitment to change and serve your customers better. They could also negotiate for favorable probation terms and conditions. This way, you can freely discharge your services without making mistakes that can cost your livelihood.
License Suspension or Revocation
Suspending or revoking your license is the harshest penalty the committee can take against you. This penalty mostly occurs when you demonstrate incompetence or gross negligence, and your actions severely harm your customers or employer. License suspension is more lenient than revocation because you can reinstate your license and continue working as an architect after the suspension period. But the penalty goes into your public record, potentially harming your reputation.
You need a skilled attorney to help you fight license suspension or revocation to protect your livelihood. Remember, you will not be working during the suspension or revocation period. Thus, you cannot support your needs and those of your dependents. You could also experience difficulties reinstating your license after suspension, especially if the underlying cause of the suspension is grave. Your attorney will be with you throughout, offering support and help fighting for a favorable resolution of your case.
Find The Right Landscape Architect License Attorney Near Me
Working as a landscape architect in Kern County can be highly fulfilling, especially if you are well-appreciated. However, it can be devastating if someone files a complaint against you with the Landscape Architect Technical Committee. Although the committee dismisses some of these complaints, it investigates and punishes credible and grave ones. If the committee takes action against you, you could lose your job or license.
Our Kern County License Attorney team can help you understand the gravity of your allegations, protect your rights, and defend your livelihood. Take advantage of our knowledge of the law and experience on the job to fight for a fair outcome for the case. Contact us at 805-702-8560 to learn more about us.