In addition to dedicating several years to school and training to become a qualified and licensed architect, you must be ready to comply with the required standards and code of ethics to offer your services lawfully. A seemingly minor act or a momentary error in judgment could make the licensing board question your fitness and competency to provide your services as a trained architect.

Whether it is a misinterpreted comment or act or a more serious issue like being arrested as a suspect in a criminal case, hiring an attorney who understands how to defend architects facing disciplinary issues would be a wise idea. We at San Francisco License Attorney are committed and dedicated to protecting your source of livelihood and career as an architect.

If you are under investigation for complaints or allegations that could make the Architects Board take disciplinary action against you, our attorneys can help you fight for a favorable outcome. A favorable outcome in this context could be a dismissal of the entire case or a less harsh disciplinary action like a fine or license probation, which allows you to continue offering your services.

Modern Architect’s Mission

When you drive around, you will witness several impressive and eye-catching structures and buildings designed by licensed and skilled architects. The modern architect's primary mission is to achieve safety, structural soundness, functionality, efficiency, and aesthetic appearance in all their designs and work.

However, meeting the contractors' and clients' tastes and municipal construction and building standards is not easy. You will have to undergo several years of thorough education and training and even apply and pay for a practice license to offer your valuable services legally. Sadly, losing this hard-earned architect license is more easy than you can imagine.

As an architect, you are often answerable for issues that arise within a building you have designed, even though they are not your fault. The possible cause of the problem could be a natural and unavoidable disaster like an earthquake, a contractor's mistake, or failure to adhere to the required blueprint.

Also, it is worth noting that even an experienced architect can make errors, and these mistakes, regardless of how minor, could negatively affect his/her practice license and career. If you are in this situation, consulting a reputable and experienced attorney is a decision you cannot regret.

A skilled attorney will scrutinize your case to know the best approach to win you a favorable outcome on the allegations you are up against.

The Architects Board's Primary Mission

Founded in 1901, the Architects Board is a department of the Department of Consumer Affairs. While it is the agency responsible for licensing qualified architects, its primary mission is generally to protect and ensure the safety and interests of consumers and not the licensed architect.

It is worth noting that the licensing board is not necessarily against you. However, without the help of a skilled attorney, the board could give credit to unmerited and false allegations or complaints, leading to disciplinary action against your practice license for a mistake or offense you did not commit.

Unless an experienced and skilled attorney presents defenses in your favor, the board will consider the allegations you are up against as true, leading to disciplinary action against your practice license.

Common Grounds for a Disciplinary Action Against Your Architect License

When the architect board receives a complaint against you, whether from a consumer, a government agency, or other architects, it will investigate the issue to determine whether there is adequate evidence to support the allegations. In most cases, the licensing board will dismiss complaints against licensed architects as unsubstantiated.

However, if your case is substantiated, meaning there is sufficient evidence to support the allegations you are up against, the board will schedule a formal hearing. During this hearing, your attorney can present your side of the story to help secure the best attainable outcome.

Below are examples of complaints or violations that could make the board take disciplinary action against your practice license at the end of this hearing:

  • Incompetency
  • Negligence behavior on your duties
  • Unprofessional conduct
  • Substance and alcohol abuse
  • Fraudulent activities
  • Willful recklessness or misconduct
  • Going to the job site under the influence
  • Securing your practice license through fraudulent means
  • Driving under the influence
  • Allowing unlicensed individuals to operate under your license
  • Failure to finish any necessary coursework
  • Having a conviction history for a violation that is closely related or linked to your duties and responsibilities as a licensed architect

Even if you are under investigation for any of these cases, a skilled attorney could convince the licensing board to drop the case by exposing weaknesses in all testimonies and evidence presented against you. If the dismissal of the case is not an option, your attorney can help you negotiate a favorable settlement, allowing you to retain your architect license.

Even when it is impossible to win your case or negotiate a favorable settlement, all hopes are not lost. Your attorney can prepare mitigating and exculpatory evidence to help convince the ALJ (administrative law judge) to impose the minimum disciplinary possible for your violation.

While the ALJ will consider the prosecutor’s aggravating arguments and your attorney's mitigating arguments during the administrative hearing, the seriousness of the disciplinary action you will receive will also depend on the factors listed below:

  • The seriousness and facts of your violation
  • Whether you are remorseful for the wrongdoing or offense
  • Whether a bodily injury or financial loss occurred because of your wrongdoing
  • Whether you have a disciplinary record
  • Whether you are up against a single or multiple complaints

When the ALJ decides appropriate disciplinary action for your wrongdoing, your attorney can help you appeal this judgment within thirty (30) days. However, if you have received a citation and a fine, you will have up to fifteen (15) days to appeal the board's decision.

Criminal Offenses That Could Jeopardize Your Architect License

The architects' board could impose strict restrictions on your practice license when you are under arrest or charged with a criminal offense. The board could revoke your architect license when you have a conviction record for a crime that is significantly related to your qualifications and responsibilities as a licensed architect.

For a less serious violation, the board could impose a stay of revocation with a 90-day license suspension or serve a 5-year license probation. If you have any ongoing or pending criminal charges, the judge presiding over your case could restrict your architect license and the services you can offer as a condition for your pretrial release from jail on bail.

Below are examples of crimes that could make the judge impose harsh restrictions on an architect's license:

Sexual Battery

According to Penal Code (PC) 243.4, you commit a sexual battery offense when you touch another individual's intimate parts without his/her consent for abuse, sexual arousal, or gratification. The prosecutor will file a PC 243.4 charge as a misdemeanor, but your case could attract felony charges if the victim were medically incapacitated, unconscious, or restrained.

For a misdemeanor PC 243.4 violation conviction, your sentence could include up to six (6) months of jail time and a fine amounting to up to $2,000. However, if the facts of the sexual battery case aggravate it to the felony level, your penalties upon conviction at trial will include a fine amounting to up to $10,000 and up to four (4) years of imprisonment.

Driving Under the Influence

Also commonly abbreviated as DUI, driving under the influence is a serious offense that could attract harsh criminal penalties and lead to the revocation of your architect license. That is true, regardless of whether your cause of intoxication was alcohol or illegal drugs. Vehicle Code 23152(a) is the statute that makes it unlawful to operate a vehicle under the influence of alcohol.

However, if you were driving under the influence of illegal drugs, the prosecutor will file your charges under VC 23152(f). Whether the prosecutor files your offense under PC 23152(a) or VC 23152(f), you should expect the following misdemeanor penalties upon conviction if you are a first-time offender and your offense has no other aggravating factors:

  • 5-year DUI probation
  • Enroll in DUI school
  • Drivers license suspension
  • Possible jail time of up to six months
  • Up to $1,000 maximum fine

Insurance Fraud

Penal Code (PC) 550 is the statute that makes it a crime to knowingly and willingly present or cause another person to present a fraudulent claim to receive compensation for a loss or injury. In addition to revocation or suspension of your architect practice, a conviction under this statute could carry the following felony penalties:

  • Up to $50,000 maximum fine
  • Up to five (5) years of jail time

Other common crimes that could jeopardize your livelihood and career as a licensed architect include (but are not limited to) the following:

  • Grand theft under PC 487
  • Domestic violence under PC 243e
  • Petty theft under PC 484

Regardless of the facts of your unique case, a seasoned and aggressive attorney could challenge the allegations you are up against with appropriate evidence at trial to secure a favorable verdict, including a lighter sentence or dismissal of the case.

Depending on your attorney's mitigating arguments, the court could deny the board's request to impose restrictions and disciplinary actions on your practice license.

What License Probation Means

While this is not the most desirable outcome of the architect board administrative process, having your practice license on parole or probation is preferable to suspension or revocation of your license. When the board puts your license on probation, you can continue offering your services to earn money to care for yourself and your family's financial needs.

Where appropriate, your attorney can strive to secure license probation instead of revocation or suspension of your architect license. Since license probation often comes with some tough conditions, your attorney can also work to secure the least harsh and restrictive parole terms possible.

However, it is worth noting that the architect board has an expense-recovery policy and guidelines in place. That means the board will expect you to cover all costs related to your probationary supervision and investigations. Since paying this amount could be a financial burden to many, your attorney could work with the board to organize a workable and flexible payment plan.

Remember that failing or refusing to clear this cost is a breach of your probation conditions and could attract harsher disciplinary actions against your architect license.

How an Attorney Can Help After Receiving the Board’s Notice of Investigation

You cannot undermine the importance of retaining the services of an attorney if you have received the board's notice of investigation against your practice and character as a licensed chiropractor. The attorney you choose will help you:

  • Understand your constitutional rights and what to expect during the disciplinary process
  • File a notice of defense to the alleged complaints
  • Investigate the allegations or complaints you are up against to know the motivation behind them and the best defenses that can aid you in securing a desirable outcome
  • Negotiate with the board to secure alternative and less harsh disciplinary action possible for your violation or wrongdoing
  • File an appeal petition

Generally speaking, the skills and competency of the attorney you will choose will significantly influence the outcome of the architect board’s disciplinary process if someone has filed a complaint against you. Ensure the attorney you choose to work with is experienced, reputable, credible, available, and licensed for the best possible results on the allegations or complaints you are up against.

Find a Reliable License Defense Attorney Near Me

Architects are professionals who devote their careers and time to designing a variety of structures and edifices to meet specific desired criteria, from maximum space utilization to aesthetic appeal and structural soundness. Nonetheless, miscommunication or accidents can still happen even though architects work hard to provide their clients with the best services possible.

While the miscommunication or accident was not necessarily any party's fault, you will need an experienced attorney to assist the licensing board in viewing it that way. If you or your loved one is facing possible disciplinary actions against his/her architect license, our attorneys at San Francisco License Attorney can help.

We comprehend how the architects' board treats complaints or criminal allegations against licensed architects and will do everything possible to help you secure a favorable outcome. Call us at 415-919-6594 to discuss your case with our profound attorneys today.