Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 202 - Landscape Architecture Advisory Committee to the Mississippi State Board of Architecture › Chapter 3 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances › Rule 30-202-3.1 - Disciplinary Guidelines

Current through June 25, 2024
The Committee shall follow the disciplinary procedures in the
				  Rules and Regulations of the Mississippi State Board of Architecture (Title 30,
				  Part 201, Chapter 5), to the extent that such Rules and Regulations are
				  consistent with the Laws, Rules, and Regulations for landscape architects
				  specifically excepting that any discipline to be imposed against a landscape
				  architect shall be governed by the disciplinary guidelines set forth in Title
				  30, Part 202, Chapter 3 of the Rules and Regulations of the Landscape
				  Architecture Advisory Committee.
The Board sets forth below a range of disciplinary guidelines
				  from which disciplinary penalties will be imposed upon practitioners guilty of
				  violating the Law and Rules of the Board. The purpose of the disciplinary
				  guidelines is to give notice to licensees of the range of penalties which will
				  normally be imposed upon violations of particular provisions of the law. The
				  disciplinary guidelines are based upon a single count violation of each
				  provision listed. 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, i.e., suspension, revocation, etc., including lesser penalties,
				  i.e., fine, probation, or reprimand which may be included in the final penalty
				  at the Board's discretion.
The following disciplinary guidelines shall be followed by
				  the Board in imposing disciplinary penalties upon licensees for violation of
				  the above mentioned statutes and rules:
A. Failure to stamp plans
1.11.2
Reprimand and $250 fine
B. Failure to superimpose signature and/or date of
								execution over stamp
1.11.3
Reprimand and $250 fine
C. Providing work not competent to
								perform
2.2.3
Reprimand and $1,000 fine
D. "Plan Stamping"
2.6.2
Reprimand and $1,000 fine
E. Attempting to procure license by providing
								false, deceptive or misleading information
§73-2-16
Revocation and $1,000 fine (denial of license if
								application in process)
F. Licensee disciplined by another
								jurisdiction
2.5.4
Committee discretion
G. Conviction by any court of a felony relating of
								culpable negligent manslaughter, in which case the record of conviction shall
								be conclusive evidence
§73-2-16
1 year suspension, 2 year probation and $1,000
								fine
H. Practice on suspended license
§73-2-16
Revocation and $1,000 fine
I. Practice on inactive license
§73-2-16
Fine based on length of time in practice while
								inactive; penalty will require licensee to renew license or cease
								practice
J. Practice on revoked license
§73-2-16
Fine based on length of time in practice while
								revoked
K. False, deceptive or misleading
								advertising
§73-2-16
Cease and desist letter
L. Fraudulent advertising
§73-2-16
Public Reprimand, $1,000 fine and 1 year
								probation
M. Negligence
§73-2-16
Reprimand, 2 years probation and $1,000
								fine
N. Fraud or Deceit
§73-2-16
Reprimand, 1 year suspension, 2 years probation and
								$1,000 fine
O. Incompetence (mental or physical
								impairment)
2.2.4
Suspension until ability to practice proved,
								followed by probation
P. Bribery to obtain clients or
								commissions
2.5.3
Revocation and $1,000 fine
Q. Undisclosed conflict of interest
§73-2-16
2.3
Reprimand, $1,000 fine and 2 years
								probation
R. Aiding unlicensed practice
Rule 2.5.2
Reprimand and $1,000 Fine
The Committee shall be able to deviate from the
				  above-mentioned guidelines upon a showing of aggravating or mitigating
				  circumstances by clear and convincing evidence presented to the Board prior to
				  the imposition of final penalty.
The Committee shall also have the right to collect any legal
				  and/or administrative charges incurred by the agency during the course of the
				  investigation.
Miss. Code Ann
				  §73-2-16