Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 201 - Mississippi State Board of Architecture › Chapter 5 - Disciplinary Guidelines, Range of Penalties, Aggravating and Mitigating Circumstances › Rule 30-201-5.1

Current through June 25, 2024
Set forth below are guidelines from which disciplinary
				  penalties will be imposed by the Board upon practitioners found guilty of
				  violating the law and/or rules of the Board. One purpose of the guidelines is
				  to give notice to licensees and others under the Board's jurisdiction of the
				  range of penalties the Board may impose for violations of particular provisions
				  of the law and/or rules. The guidelines are not meant to be all encompassing,
				  are not meant to address every disciplinary circumstance that might occur and
				  there may be other causes for the imposition of discipline not mentioned below
				  upon which the Board may act.
The guidelines are based upon a single count violation of
				  each provision listed and are a guideline only. Multiple counts of violations
				  of the same provision of the law or the rules promulgated thereto, or other
				  unrelated violations contained in the same administrative complaint, will be
				  grounds for enhancement of penalties. The Board shall be able to add to or
				  deviate from the guidelines upon showing of aggravating or mitigating
				  circumstances by clear and convincing evidence presented to the Board prior to
				  the imposition of a final decision. The maximum penalty for any violation is
				  revocation and a $5,000 fine per violation.
The guidelines shall be followed by the Board in imposing
				  disciplinary penalties upon licensees, applicants, intern architects, licensure
				  candidates and examination candidates for violation of the above-mentioned
				  statutes and rules. The Board shall have the right to collect any legal,
				  investigative, and/or administrative charges incurred by the Board during the
				  course of the investigation. In addition to the above sanctions, the Board may
				  also require the individual to take and successfully pass a state jurisprudence
				  examination as a condition precedent to final resolution of the disciplinary
				  action.
Disciplinary Penalties:
A. Failure to stamp plans (4.5.5; 3.2.4):
Minimum Penalty-Letter of reprimand and $500 fine
B. Failure to sign over stamp
				(73-1-35; 3.2.4; 4.5.7):
Minimum Penalty-Same as (A) above
C. Providing work not competent to perform
				(4.1.1; 4.1.3):
Minimum Penalty-Reprimand and $2,500 fine
D. "Plan Stamping" (73-1-35; 3.2.4; 4.5.2;
				4.5.5; 4.5.9):
Minimum Penalty-Suspension and $2,500 fine
E. Attempting to procure a license by
				providing false, deceptive or misleading information (73-1-13diii; 73-1-29b;
				4.4.5):
Minimum Penalty-Revocation and $2,500 fine if licensed
				  (denial of license if application in process)
F. Licensee disciplined by another
				jurisdiction (4.3.1; 4.3.4):
Minimum Penalty-Board discretion
G. Criminal conviction (73-1-29g; 4.3.1):
Minimum Penalty-Misdemeanor: reprimand and $2,500 fine
Minimum Penalty-Felony: One (1) year suspension, one (1)
				  year probation and $2,500 fine
H. Practice on suspended license resulting
				from disciplinary action by Board (73-1-29e):
Minimum Penalty-Revocation and $5,000 fine
I. Practice on inactive license (73-1-27;
				73-1-29e; 2.3):
Minimum Penalty-Fine based on length of time in practice
				  while inactive; $1,000 per month (penalty will require licensee to renew
				  license or cease practice)
J. Practice on revoked license based on
				non-payment of renewal fee (73-1-27; 73-1-29e; 2.3):
Minimum Penalty-Fine based on length of time in practice
				  while revoked; $1,000 per month
K. Fraudulent, false, deceptive or misleading
				advertising (73-1-1; 3.2.2; 3.2.3; 3.2.9; 3.2.11):
Minimum Penalty-Cease and desist letter and public reprimand
L. Negligence (73-1-29c;
				4.1.1; 4.1.3):
Minimum Penalty-Reprimand, one (1) year probation and $2,500
				  fine
M. Fraud or Deceit
				(73-1-29h; 4.5.4):
Minimum Penalty-Reprimand, one (1) year suspension, one (1)
				  year probation and $2,500 fine
N. Incompetence (mental or physical
				impairment) (4.1.4):
Minimum Penalty-Suspension until ability to practice proved,
				  followed by probation
O.
				Bribery to obtain clients or commissions (4.3.3; 4.5.3):
Minimum Penalty-Revocation and $5,000 fine
P. Undisclosed conflict of interest
				(73-1-29i; 4.2.1):
Minimum Penalty-Reprimand, $2,500 fine and one (1) year
				  probation
Q. Aiding
				unlicensed practice (3.2.6(c); 4.3.2; 4.4.7; 4.4.8):
Minimum Penalty-Probation and $2,500 fine
R. Practicing architecture without a license
				(73-1-1; 73-1-13d/v; 73-1-29a; 2.2):
Minimum Penalty-Reprimand and $2,500 fine (denial of license
				  if application in process)
S. Practicing architecture through a business
				corporation or through a business entity that is not provided on the
				architect's record with the Board (73-1-19; 3.2.12):
Minimum Penalty-$2,500 fine and test on Board laws and rules
T. Violating the provisions
				of the construction administration rule (3.2.16):
Minimum Penalty-$1,500 fine
Miss. Code Ann. §
										73-1-29(4)