SECTIONS 5510-5528 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5510-5528

5510. There is in the Department of Consumer Affairs a California
Architects Board which consists of 10 members.
Any reference in law to the California Board of Architectural
Examiners shall mean the California Architects Board.
This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date. The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).

5510.1. The Legislature finds and declares that it is the mandate
of the board to regulate the practice of architecture in the interest
and for the protection of the public health, safety, and welfare.
For this purpose, the board shall delineate the minimum professional
qualifications and performance standards for admission to and
practice of the profession of architecture. The board shall establish
a fair and uniform enforcement policy to deter and prosecute
violations of this chapter or any rules and regulations promulgated
pursuant to this chapter to provide for the protection of the
consumer.

5510.15. Protection of the public shall be the highest priority for
the California Architects Board in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.

5514. The membership of the board shall be composed of 10 members,
five of whom shall be architects and five of whom shall be public
members.
The five professional members of the board shall be selected from
architects in good standing who have been licensed and in practice in
this state for at least five years at the time of appointment, all
of whom shall be residents and in practice in California.
The public members of the board shall not be licensees of the
board.
This section shall become operative on January 1, 1988.

5515. Every person appointed shall serve for four years and until
the appointment and qualification of his or her successor or until
one year shall have elapsed since the expiration of the term for
which he or she was appointed, whichever first occurs.
No person shall serve as a member of the board for more than two
consecutive terms.
Vacancies occurring prior to the expiration of the term shall be
filled by appointment for the unexpired term.
Each appointment shall expire on June 30 of the fourth year
following the year in which the previous term expired.
The Governor shall appoint three of the public members and the
five licensed members qualified as provided in Section 5514. The
Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member.

5516. Each member of the board shall receive a per diem and
expenses as provided in Section 103.

5517. The board may appoint a person exempt from civil service who
shall be designated as an executive officer and who shall exercise
the powers and perform the duties delegated by the board and vested
in him or her by this chapter.
This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.

5518. The board shall elect from its members a president, a vice
president, and a secretary to hold office for one year, or until
their successors are duly elected and qualified.

5520. The board shall adopt a seal for its own use. The seal used
shall have the words, "State Board of Architectural Examiners"
inscribed thereon.
The executive officer shall have the care and custody of the seal.

5521. The executive officer shall keep an accurate record of all
proceedings of the board.

5522. The board shall meet at least once each calendar quarter for
the purpose of transacting such business as may lawfully come before
it.
The board may hold meetings at such other times and at such places
as it may designate.

5523. Special meetings of the board shall be called by the
executive officer upon the written notice of four members by giving
each member of the board 10 days' written notice of the time and
place of the meeting.

5524. Six of the members of the board constitute a quorum of the
board for the transaction of business. The concurrence of five
members of the board present at a meeting duly held at which a quorum
is present shall be necessary to constitute an act or decision of
the board, except that when all 10 members of the board are present
at a meeting duly held, the concurrence of six members shall be
necessary to constitute an act or decision of the board.

5525. The board may prosecute all persons guilty of violating the
provisions of this chapter. Except as provided in Section 159.5, the
board may employ inspectors, special agents, investigators, and such
clerical assistants as it may deem necessary to carry into effect the
provisions of this chapter. It may also fix the compensation to be
paid for such services and incur such additional expense as may be
deemed necessary.

5526. (a) The board shall adopt rules and regulations governing the
examination of applicants for licenses to practice architecture in
this state.
(b) The board may, by rule or regulation, adopt rules of
professional conduct that are not inconsistent with state or federal
law. Every person who holds a license issued by the board shall be
governed and controlled by these rules.
(c) The board may adopt other rules and regulations as may be
necessary and proper.
(d) The board may, from time to time, repeal, amend, or modify
rules and regulations adopted under this section. No rule or
regulation shall be inconsistent with this chapter.
(e) The board shall adopt, by regulation, a system as described in
Section 125.9 for the issuance to a licensee of a citation and a
system as described in Section 148 for the issuance of an
administrative citation to an unlicensed person who is acting in the
capacity of a licensee or registrant under the jurisdiction of the
board.
(f) The adoption, repeal, amendment, or modification of these
rules and regulations shall be made in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.

5527. Whenever any person has engaged in or is about to engage in
any act or practice which constitutes or which will constitute an
offense against this chapter, the superior court of the county in
which the offense has occurred or is about to occur, on application
of the board, may issue an injunction or other appropriate order
restraining such act or practice.
The proceedings authorized by this section shall be in accordance
with the provisions contained in Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure.

5528. (a) The board may select and contract with necessary
architect consultants who are licensed architects to assist it in its
enforcement program on an intermittent basis. The architect
consultants shall perform only those services that are necessary to
carry out and enforce this chapter.
(b) For the purposes of Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code, any consultant under contract
with the board shall be considered a public employee.