You can face severe repercussions if you work as a licensed landscape architect with criminal accusations or allegations of engaging in professional misconduct allegations filed against you. It can be stressful since your livelihood depends on your license. If you risk losing your professional license because of an allegation or formal board accusation, an experienced attorney can help you safeguard your license. At the San Jose License Attorney, our attorneys are ready to defend landscape architects against all allegations, whether professional misconduct or criminal charges. We will do everything possible to ensure that you keep your architect license and progress your practice.

Penal Code 23 Under California Law

According to Penal Code 23, the agency mandated the issuing of landscape architect licenses, and the agency can choose to appear in court to testify against a license following a criminal allegation. The agency can do this based on its consensus. Some of the common claims that can trigger license discipline include:

  • Misconduct that affects your capability to offer services to your clients.
  • Professional Malpractice.
  • Driving under the influence.
  • Possession of controlled substances.

This law helps the judge to instruct the Landscape Architect Technical Committee, abbreviated as LATC, to show up in court to recommend:

  • A disciplinary action.
  • A revocation, or
  • A suspension of your professional license.

You will require a skilled attorney to attend this hearing. An attorney will help you navigate the disciplinary process and even avoid the repercussions of losing a case.

Understanding The Landscape Architecture Practice

According to California law, you must be licensed by the LATC if you hold a landscape architect title or provide architectural services. To secure this license, it must be evident that you are competent based on your performance in the state examination and CSE. Evidence of 6 years of training in the architectural field is also required. You could also be tested in the following areas:

  • Field supervision and inspection of the site where construction, maintenance, or restoration is to take place.
  • Development of overall site plans, watering techniques, grading, and drainage plans.
  • Preparation, assessment, and review of land use & construction master plans.
  • The setting of both written and visual standards and rules to govern land design and construction projects.
  • Practicality studies.
  • Research, assortment, and distribution of land and water resources for proper use.

The Duties Of A Landscape Architect

Making outdoor areas look appealing is the main responsibility of landscape architects. Most people notice and applaud the role of architects and engineers, evidenced by attractive buildings, but few people notice the good work of landscape architects. Architects are always behind the well-arranged residential and commercial buildings in most cities in California and everywhere in the world. These professionals are also behind the magnificent public parks and gardens in California.

Landscape architects supervise the designing and planning of most projects, such as pedestrian schemes, road projects, and urban redevelopment schemes. They also carry out initial examinations of the area where projects are to take place. These experts carry out soil analysis & study contours, roads, or ecology before a project starts. They also evaluate the site before the start of a project to determine if it meets the investor's needs.

Landscape architects can also impact assessments because certain projects could have adverse environmental effects. They also consider the viewpoints of the parties that have expressed interest in a project. These professionals also present project proposals to their clients, make amendments to plans to conform to the client's needs and respond to questions. An architect will match the client's requirements with what works best for a project.

A landscape architect would regularly visit the site and work with other experts to make sure that a project is finished on time. The experts also concentrate on the project safety and adhere to the local authorities' guidelines and landscaping.

Landscape architects could also choose the crucial dates when a project should commence and end. Architects can also be involved in preparing the project budget, the fees, permit costs, and other relevant contingencies. A landscape architect is also involved in preparing project contracts. He/she is overseeing and issuing tenders to different contractors.

However, people could easily confuse landscape designers with landscape architects. These two experts differ because landscape designers specialize in designs and blueprints, but landscape architects concentrate on landscaping, soil analysis, grading, and safety.

It is not easy to attain the landscape architect level because many training sessions are required. Talent and hard work are components of this profession. Hefty fees and rigorous licensure procedures are involved in issuing the license. You should never give up on your landscape architect license without a fight, considering the immense effort you have put into acquiring it.

The LATC is the agency that ensures that landscape architects uphold high levels of professional standards and protect public safety. This body could also impose disciplinary action, like revoking or suspending your architect license if you do not observe the designated standards. It can be traumatizing for LATC to revoke or suspend your license after you have toiled tirelessly to acquire it. If this happens, you will need the services of a skilled attorney to help retain your license. A competent attorney understands the duties of architects in our society. An attorney has what it takes to defend you against a complaint that threatens your profession.

The LATC's Mission

LATC is the subdivision or purview of the Board of Architects. It was established to safeguard the public's safety and ensure good standards are observed in the field of landscape architecture. This body concentrates on establishing rules and rules that govern this field and enforces the rules. This is a section of the Consumer Affairs Department. It regulates landscape architects, protecting their clients.

LATC has the responsibility under Article Five of the Architects Act to punish holders of this license for the following crimes:

  • Being in another California professional agency or being under a licensing board in another U.S state that is not California.
  • Being convicted of an offense that relates to your qualifications or obligations in this profession.
  • Stamping or signing work you did not establish or oversee.
  • Drug or alcohol abuse or addiction when performing your duties.
  • Intentional misconduct, incompetence, or negligence when performing duties.
  • Allowing unlicensed assistants to work under you or aiding and abetting unauthorized or illegal practice.
  • Impersonating a corporate or an assumed name.
  • Acquiring a license by misrepresentation or fraud.

You can face the following disciplinary action if you engage in the outlined offenses:

  • Citations.
  • Civil injunction.
  • License suspension, and
  • License revocation.

The LATC can commence an investigation against you if you are accused of practicing without a valid license. Your case could be referred to an alternative agency where an accusation involves issues beyond the LATC rule/ jurisdiction.

LATC could send the accuser instructions on filing a case against you whenever it receives a complaint about you. A complainant will be required to provide the evidence when filing a case, showing the nature of the crime you committed. The letter should substantiate the allegation if the allegation is a letter. LATC will send you a Notice of Investigation once sufficient evidence is gathered to justify an investigation.

The board's enforcement unit will commence the investigation, and your professional license could be suspended once this process commences. Some claims could be dropped, while uncorroborated allegations are dismissed because of insufficient evidence. Ensure you file a Defense Notice once you receive an investigation notice as an architect. You can prevent the investigations from going far, forcing you to start investing your resources and time to create a defense. Your license might also be revoked if you do not act on time.

Reach out to a professional attorney immediately when you receive a notice of investigation. You need to take any claim against your professional license seriously because your architect license is valuable, and your career and reputation are at risk.

Investigations By The License Board

After a complaint is lodged against your license, the investigation can go on for several months or even years. However, this can only happen once the board is persuaded that you violated the standards of the career. The board will decide if you should receive a fine, citation, or file formal allegations when the investigations end.

Your details will be posted online, which the public can access whenever the board takes action against you. In this case, your prospective or current clients can see the action imposed against you if you have been practicing anywhere in California. This will taint your professional reputation or your capability to acquire new clients.

The prosecutor can request an interim suspension order during investigations or when your case is in court. This order will prevent you from offering services until your case is concluded. At this point, you require the services of a skilled attorney who will take relevant action and avoid interim license suspension or citation. It can be challenging to stay without offering services for months or even years while you wait for the licensing board to decide.

You will have reasonable advice to avoid self-incrimination if you have a professional attorney. An attorney will also help you negotiate a settlement prior to the case's progression to an administrative hearing. Your attorney can defend you vigorously if an accusation is filed against you. This will shorten the whole process and help you keep your license.

The ALJ will listen to the LATC evidence concerning the said complaints during the hearing. The judge will also consider the aggravating conditions present. Your attorney can table evidence to challenge the prosecutor's statement and arguments against you.

Mitigating and aggravating factors can play a significant role in establishing the punishment you will face. The judge's decision will be based on these factors:

  • The corrective or rehabilitative measures you have adopted to rectify your mistakes.
  • The nature of the allegation you are currently facing.
  • The period that has elapsed since the last offense.
  • The damage that resulted from the offense.
  • Absence or presence of physical harm or financial losses due to the breach.

Defense For Formal Allegations

Your license could risk suspension or professional discipline if you get a formal allegation. You should contact a skilled attorney immediately once you get the notice to file a Defense Notice. You could lose your right to fight the allegations if you delay filing the note.

Landscape architects can also face separate cases if they break the law in a manner that is relevant to architecture.

The law allows you to evaluate any evidence the prosecutor has against you once you file the notice of defense. Your attorney will help to evaluate the prosecutor's evidence. An attorney can single out lapses in the prosecutor's evidence and develop the most appropriate defense against your charges.

Your attorney will also use defense theories during the administrative hearing to ensure you continue your profession. The ALJ will give a verdict after he/she has considered the evidence presented by the defense and prosecution. The LATC must sustain the judge's ruling before it is finalized.

You can face a revocation stay rather than an actual suspension/ revocation of your license. License suspension permits you to retain your license and go on operating but under certain probation conditions. An experienced attorney could negotiate a reduced probation duration and more friendly probation terms. The board's decision to suspend or revoke your professional license is also not final. The law allows you to appeal or submit a petition for the decision, provided you act quickly.

Find A Skilled License Attorney Near Me

If you work as a certified landscape architect and have received a notice of board investigation, you could be feeling overwhelmed and discouraged. While these feelings are normal, you should not despair because all is not lost. With the help of an attorney, you can craft a convincing defense to fight the allegations against you. At the San Jose License Attorney, we have helped many landscape architects navigate the board disciplinary process. Our seasoned attorneys can handle any license defense case, no matter how intricate. Contact us at 408-850-3740 to speak to one of our attorneys.