Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part I - Architects › Chapter 19 - Rules of Conduct: Violations › Section I-1907 - General Disciplinary Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board sets forth below the normal
				discipline which will be imposed upon a licensee or certificate holder found to
				have violated the licensing law or its rules. The purpose of these general
				disciplinary guidelines is to give notice to architects and architectural firms
				of the discipline which will be imposed for violations of particular provisions
				of the law or rules. In a particular case, the discipline imposed may be
				increased or decreased depending upon aggravating or mitigating
				factors.
B. 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, or
				other violations of the law or rules will be grounds for enhancement of
				penalties.
C. The maximum fine that
				may be imposed under
				R.S.
				37:153.A is $5,000 per violation. Each day
				that a violation occurs shall be considered a separate violation under
				R.S.
				37:143.A. The board may also revoke, rescind,
				or suspend the certificate of, place on probation, reprimand, or admonish any
				registrant or certificate holder found to have violated its
				provisions.
D. The maximum fine
				that may be imposed under
				R.S.
				37:154.A is $1,500 per violation in the case
				of an individual, or $5,000 per violation in the case of a person other than an
				individual. Each day the violation occurs shall constitute a separate
				offense.
E. Absent aggravating or
				mitigating circumstances, the following discipline shall be imposed for the
				following violations. The maximum penalty for any violation is a $5,000 fine
				per violation, revocation, and public reprimand.
Violation
Provision
Discipline
Failure to stamp or seal plans
R.S. 37:152.A
							 provides that all contract drawings and specifications issued by the architect
							 for use in this state shall be stamped or sealed.
$500 fine and private reprimand.
Fraud, deceit, dishonesty, misrepresentation,
							 misconduct
R.S. 37:153.A.1
							 authorizes the board to discipline any registrant or certificate holder found
							 to have committed an act of fraud, deceit, gross incompetence, dishonesty,
							 misrepresentation, misconduct or gross negligence in the practice of
							 architecture.
							 R.S.
							 37:153.A.5 authorizes the board to discipline
							 any registrant or certificate holder found to have committed an act of
							 willfully misleading or defrauding any person employing him as an architect.
							 R.S.
							 37:153.A.7 authorizes the board to discipline
							 any registrant or certificate holder found to have committed any fraud, deceit,
							 material misstatement, or perjury in applying for a certificate of licensure or
							 registration or in taking any examination or in applying for any renewal
							 certificate.
$3,000 fine, revocation, and public reprimand for
							 fraud, deceit, dishonesty or intentional misrepresentation; $1,500 fine,
							 suspension, and public reprimand for negligent misrepresentation and
							 misconduct.
Gross incompetence, gross negligence
R.S. 37:153.A.1 is
							 discussed
supra
.
$3,000 fine, suspension for no less than one year,
							 and public reprimand.
Incompetence as defined in Rule
							 §
															1901 A
Rule
							 §1901. A provides that,
							 in practicing architecture, an architect shall act with reasonable care and
							 competence, and shall apply the technical knowledge and skill which is
							 ordinarily applied by architects in good standing, practicing in the same
							 locality.
$1,500 fine, probation for one (1) year, and public
							 reprimand.
"Plan stamping"
R.S. 37:152.B
							 provides that no architect shall affix his seal or stamp or permit it to be
							 affixed to any specification, drawing, or other related document which was not
							 prepared either by him or under his responsible supervision.
							 R.S.
							 37:153.A.2 authorizes the board to discipline
							 any registrant or certificate holder found to have committed an act of affixing
							 his seal or stamp or name to any specification, drawing, or other related
							 document which was not prepared by him or under his responsible supervision and
							 control, or permitting his seal, stamp, or name to be affixed to any such
							 document. Rule
							 §1305 interprets
							 R.S.
							 37:152.B.
$3,000 fine, probation and/or suspension for one (1)
							 year, and public reprimand.
Removal of an architect's seal or stamp
R.S. 37:152.A
							 prohibits the removal of an architect's seal or stamp.
$3,000 fine, suspension for one (1) year, and public
							 reprimand.
Using the certificate or seal of another
R.S. 37:154.A
							 prohibits any person from presenting or attempting to use as his own the
							 certificate of registration or the seal of another.
$1,000 fine for individual/$3,000 fine for firm,
							 suspension for one (1) year, and public reprimand.
Use of another architect's plans without written
							 approval
R.S. 37:152.A
							 prohibits the use of an architect's plans, unless otherwise provided by law or
							 by written approval of the architect.
$1,500 fine and public reprimand.
Impersonating another registrant
R.S. 37:154.A
							 prohibits any person from falsely impersonating any other registrant or
							 certificate holder of like or different name.
$1,000 fine for individual/$3,000 fine for firm,
							 suspension for one (1) year, and public reprimand.
Practice on suspended license
R.S. 37:152.B
							 provides that no architect shall use his seal or stamp or do any other act as
							 an architect unless he is at the time duly registered.
							 R.S.
							 37:153.A.3 authorizes the board to discipline
							 any registrant or certificate holder found to have used his seal or stamp or
							 engaged in any other act constituting the practice of architecture at a time
							 when his certificate of registration is suspended.
$3,000 fine, revocation, and public reprimand.
Practice on revoked license in violation of
							 R.S.
							 37:152.B
R.S. 37:152.B
							 provides that no architect shall use his seal or stamp or do any other act as
							 an architect unless he is at the time duly registered.
$3,000 fine, revocation, and public reprimand.
Practice on revoked license in violation of
							 R.S.
							 37:154.A
R.S. 37:154.A
							 prohibits the use of an expired or revoked certificate of registration.
$1,000 fine for individual/ $3,000 fine for firm,
							 revocation, and public reprimand.
Individual practice without obtaining proper
							 licensure
R.S. 37:152.B
							 provides that no architect shall use his seal or stamp or do any other act as
							 an architect unless he is at the time duly registered.
$1,500 fine and public reprimand.
Firm practice without obtaining proper licensure
R.S. 37:154.A
							 prohibits any person (corporation, company, partnership, firm, business entity,
							 or individual) from practicing or offering to practice architecture in this
							 state without being certified in accordance with the provisions of the
							 licensing law.
$1,500 fine and public reprimand.
Individual or firm practice with an expired license
R.S. 37:152.B
							 provides that no architect shall use his seal or stamp or do any other act as
							 an architect unless he is at the time duly registered.
							 R.S.
							 37:153.A.3 prohibits practicing architecture
							 at a time when current renewal has not been obtained in accordance with the
							 law.
Fine is based on length of time of such practice:
							 three (3) months to six (6) months - $500 fine; six (6) months to twelve (12)
							 months or fraction thereof- $1,000 fine; after one (1) year or fraction
							 thereof, $1,000 fine per year. Public reprimand.
Felony conviction, conviction of crime or pleading
							 guilty or
nolo contendere
R.S. 37:153.A.4
							 authorizes the board to discipline any registrant or certificate holder
							 convicted of a felony.
							 R.S.
							 37:153 A.8 authorizes the board to discipline
							 any registrant or certificate holder convicted of any crime or entering a plea
							 of guilty or
nolo contendere
to any criminal charge an element
							 of which is fraud or which arises out of such individual's practice of
							 architecture.
$3,000 fine, revocation, and public reprimand.
Licensee disciplined or refused certification or
							 renewal by another jurisdiction
R.S. 37:153.A.9
							 authorizes the board to discipline any registrant or certificate holder upon
							 refusal of the licensing authority of another state, territory, or district to
							 issue or renew a license, permit, or certificate to practice architecture, or
							 the revocation or suspension or other restriction imposed on a license, permit,
							 or certificate issued by such licensing authority on grounds other than
							 non-payment of a registration fee.
Compliance with discipline imposed by other
							 jurisdiction.
Providing false testimony before board
R.S. 37:153.A.10
							 authorizes the board to discipline any registrant or certificate holder who
							 provides false testimony before the board.
$3,000 fine, revocation, and public reprimand.
Giving false or forged evidence to the board in
							 obtaining a certificate of registration
R.S. 37:154.A
							 prohibits the giving of false or forged evidence of any kind to the board, or
							 to any member thereof, in obtaining a certificate of registration.
$3,000 fine, revocation, and public reprimand.
Failing to provide requested information
R.S. 37:153.A.11
							 authorizes the board to discipline any registrant or certificate holder who
							 fails to provide, within thirty calendar days of mailing the notice by
							 certified mail, information requested by the executive director as a result of
							 a formal complaint to the board alleging a violation of the licensing law.
$1,000 fine and suspension until requested
							 information is provided. Public reprimand.
False or misleading advertising or solicitation
R.S. 37:153.A.12
							 authorizes the board to discipline any registrant or certificate holder found
							 to have used any advertising or solicitation which is false or misleading.
$500 fine per violation and public reprimand.
Use of misleading or confusing name
Rule
							 §1501 prohibits the use of an assumed,
							 fictitious or corporate name that is misleading as to the identity,
							 responsibility, or status of those practicing thereunder or is otherwise false,
							 fraudulent, misleading, or confusing.
For failing to respond within thirty (30) days after
							 formal notice, $500 fine.
Knowingly designing a project in violation of laws or
							 regulations
Rule
							 §1901. A.2 prohibits an
							 architect from knowingly designing a project in violation of applicable state
							 and municipal building laws and regulations.
$3,000 fine, revocation, and public reprimand.
Providing services when not qualified to do so
Rule
							 §1901. A.3 provides that
							 an architect shall undertake to perform professional services only when he or
							 she, together with those whom the architect may engage as consultants, are
							 qualified by education, training, and experience in the specific technical
							 areas involved.
$2,000 fine and public reprimand.
Providing services when competence is impaired by
							 physical or mental disabilities
Rule
							 §1901. A.4 provides that
							 no person shall be permitted to practice architecture if, in the board's
							 judgment, such person's professional competence is substantially impaired by
							 physical or mental disabilities.
Suspension until competence proved, followed by
							 probation.
Accepting compensation from more than one party
							 without full disclosure and agreement, or from suppliers
Rule
							 §1901. B.1 provides that
							 an architect shall not accept compensation for services from more than one
							 party on a project unless the circumstances are fully disclosed to and agreed
							 to (such disclosure and agreement to be in writing) by all interested parties.
							 Rule §1901.
							 B.3 provides that an architect shall not
							 solicit or accept compensation from material or equipment suppliers in return
							 for specifying or endorsing their projects.
$1,500 fine and public reprimand.
Failing to render decisions impartially
Rule
							 §1901. B.4 provides that,
							 when acting as the interpreter of building contract documents and the judge of
							 contract performance, an architect shall render decisions impartially, favoring
							 neither party to the contract.
							 R.S.
							 37:153.A.6 authorizes the board to discipline
							 any registrant or certificate holder found to have violated any lawful rule.
$500 fine and public reprimand.
Practicing without full disclosure as defined in
							 Rules §
															1901. B.2 or
							 §
															1901 C
Rule
							 §1901. B.2 provides that,
							 if an architect has any business association or direct or indirect financial
							 interest which is substantial enough to influence his or her judgment in
							 connection with the performance of professional services, the architect shall
							 fully disclose in writing to his or her client or employer the nature of the
							 business association or financial interest. Rule
							 §1901. C requires full
							 disclosure by the architect under various circumstances.
$1,500 fine and public reprimand.
Knowingly violating any state or federal criminal law
Rule
							 §1901. D prohibits an
							 architect from knowingly violating any state or federal criminal law.
$3,000 fine, revocation, and public reprimand.
Making improper payment or gift
Rule
							 §1901. D.2 provides that
							 an architect shall neither offer nor make any payment or gift to a government
							 official with the intent of influencing the official's judgment in connection
							 with a perspective or existing project in which the architect is interested.
$500 fine and private reprimand.
Aiding unlicensed practice
Rule
							 §1901. C.6 provides that
							 an architect shall not assist the application or registration of a person known
							 by the architect to be unqualified in respect to education, training,
							 experience, or character.
$1,500 fine and public reprimand.
Failing to report
Rule
							 §1901. C.7 provides that
							 an architect possessing knowledge of a violation of the rules by another
							 architect shall report such knowledge to the board.
$500 fine and private reprimand.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:144.