SECTIONS 5560-5590 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5560-5590

5560. The board may upon its own motion, and shall upon the
verified complaint in writing of any person, investigate the actions
of any architect and may temporarily suspend or permanently revoke,
the license of any architect who is guilty of, or commits one or more
of, the acts or omissions constituting grounds for disciplinary
action under this chapter.

5561. All accusations against licensees charging the holder of a
license issued under this chapter with the commission of any act
constituting a cause for disciplinary action shall be filed with the
board within five years after the board discovers, or through the use
of reasonable diligence should have discovered, the act or omission
alleged as the ground for disciplinary action, whichever occurs
first, but not more than 10 years after the act or omission alleged
as the ground for disciplinary action. However, with respect to an
accusation alleging a violation of Section 5579, the accusation may
be filed within three years after the discovery by the board of the
alleged facts constituting the fraud or misrepresentation prohibited
by Section 5579.

5561.5. The proceedings for the suspension or revocation of
licenses under this article shall be conducted in accordance with the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.

5565. The decision may:
(a) Provide for the immediate complete suspension by the holder of
the license of all operations as an architect during the period
fixed by the decision.
(b) Permit the holder of the license to complete any or all
contracts for the performance of architectural services shown by
evidence taken at the hearing to be then unfinished.
(c) Impose upon the holder of the license compliance with any
specific conditions as may be just in connection with his or her
operations as an architect disclosed at the hearing, and may further
provide that until those conditions are complied with no application
for restoration of the suspended or revoked license shall be accepted
by the board.
(d) Assess a fine not in excess of five thousand dollars ($5,000)
against the holder of a license for any of the causes specified in
Section 5577. A fine may be assessed in lieu of, or in addition to, a
suspension or revocation. All fines collected pursuant to this
subdivision shall be deposited to the credit of the California
Architects Board Fund.

5570. In any proceeding for review by a court, the court may, in
its discretion, upon the filing of a proper bond by the holder of the
license in an amount to be fixed by the court, guaranteeing the
compliance by the holder of the license with specific conditions
imposed upon him or her by the board's decision, if any, permit the
holder of the license to continue to practice as an architect pending
entry of judgment by the court in the case. There shall be no stay
of the board's decision pending an appeal or review of any proceeding
unless the appellant or applicant for review shall file a bond in
all respects conditioned as, and similar to, the bond required to
stay the effect of the board's decision in the first instance.

5571. A judgment of suspension or cancellation of a certificate by
the superior court shall be subject to appeal or review in accordance
with the provisions of law as to appeal from or review of judgments
of superior courts.
There shall be no stay of execution or enforcement of the judgment
pending any proceedings on appeal or review unless the appellant or
applicant for review shall file a bond in all respects conditioned
as, and similar to, the bond required to stay the effect of the board'
s decision in the first instance.
The clerk of the court whose judgment has become final shall,
within 10 days after its entry, transmit, by regular United States
mail, to the executive officer of the board a notice containing
information as to the affirmance, modification, or reversal of the
judgment of the superior court in the matter.

5573. After suspension of a license upon any of the grounds set
forth in this chapter, the board may reinstate the license upon proof
of compliance by the architect with all provisions of the decision
as to reinstatement or, in the absence of that decision or any
provisions therein as to reinstatement, in the sound discretion of
the board. A license which has been suspended is subject to
expiration and shall be renewed as provided in this chapter, but that
renewal does not entitle the holder of the license, while the
license remains suspended and until it is reinstated, to practice
architecture, or to engage in any other activity or conduct in
violation of the order or judgment by which the license was
suspended.
A revoked license is subject to expiration as provided in this
chapter, but it may not be renewed. If it is reinstated after its
expiration, the holder of the license, as a condition precedent to
its reinstatement, shall pay a reinstatement fee in an amount equal
to the renewal fee in effect on the last regular renewal date before
the date on which it is reinstated, plus the delinquency fee, if any,
accrued at the time of its revocation.

5577. The conviction of a crime substantially related to the
qualifications, functions, and duties of an architect by the holder
of a license constitutes a ground for disciplinary action. The record
of conviction, or a certified copy thereof certified by the clerk of
the court or by the judge in whose court the conviction is obtained,
is conclusive evidence of the conviction.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. The board may order the license suspended or revoked,
or may decline to issue a license, when the time for appeal has
elapsed, the judgment of conviction has been affirmed on appeal, or
an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code allowing the person to withdraw his
or her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.

5578. The fact that the holder of a license is practicing in
violation of the provisions of this chapter constitutes a ground for
disciplinary action.

5579. The fact that the holder of a license has obtained the
license by fraud or misrepresentation, or that the person named in
the license has obtained it by fraud or misrepresentation constitutes
a ground for disciplinary action.

5580. The fact that the holder of a license is impersonating an
architect or former architect of the same or similar name, or is
practicing under an assumed, fictitious, or corporate name,
constitutes a ground for disciplinary action.

5582. The fact that the holder of a license has aided or abetted in
the practice of architecture any person not authorized to practice
architecture under the provisions of this chapter, constitutes a
ground for disciplinary action.

5582.1. (a) The fact that the holder of a license has affixed his
or her signature to plans, drawings, specifications, or other
instruments of service which have not been prepared by him or her, or
under his or her responsible control, constitutes a ground for
disciplinary action.
(b) The fact that the holder of a license has permitted his or her
name to be used for the purpose of assisting any person to evade the
provisions of this chapter constitutes a ground for disciplinary
action.

5583. The fact that, in the practice of architecture, the holder of
a license has been guilty of fraud or deceit constitutes a ground
for disciplinary action.

5584. The fact that, in the practice of architecture, the holder of
a license has been guilty of negligence or willful misconduct
constitutes a ground for disciplinary action.

5585. The fact that in the practice of architecture the holder of a
license has been guilty of incompetency or recklessness constitutes
a ground for disciplinary action.

5586. The fact that the holder of a license has had disciplinary
action taken by any public agency for any act substantially related
to the qualifications, functions, or duties as an architect
constitutes a ground for disciplinary action.

5588. (a) A licensee shall report to the board in writing within 30
days of the date the licensee has knowledge of any civil action
judgment, settlement, arbitration award, or administrative action
resulting in a judgment, settlement, or arbitration award against the
licensee in any action alleging fraud, deceit, negligence,
incompetence, or recklessness by the licensee in the practice of
architecture if the amount or value of the judgment, settlement, or
arbitration award is five thousand dollars ($5,000) or greater.
(b) The report required by subdivision (a) shall be signed by the
licensee and shall set forth the facts that constitute the reportable
event. If the reportable event involves the action of an
administrative agency or court, the report shall set forth all of the
following:
(1) The title of the matter.
(2) The court or agency name.
(3) The docket number.
(4) The claim or file number.
(5) The date on which the reportable event occurred.
(c) A licensee shall promptly respond to oral or written inquiries
from the board concerning the reportable events, including inquiries
made by the board in conjunction with license renewal.
(d) Failure of a licensee to report to the board in the time and
manner required by this section shall be grounds for disciplinary
action.
(e) Any licensee who fails to comply with this section may be
subject to a civil penalty of not less than one hundred dollars
($100) and not more than one thousand dollars ($1,000) as an
additional intermediate sanction imposed by the board in lieu of
revoking the licensee's license. Any licensee who knowingly and
intentionally fails to comply with this section may be subject to a
civil penalty of up to twenty thousand dollars ($20,000) as an
additional intermediate sanction imposed by the board in lieu of
revoking the licensee's license.

5588.1. (a) Within 30 days of payment of all or any portion of a
civil action judgment, settlement, or arbitration award described in
Section 5588 against a licensee of the board in which the amount or
value of the judgment, settlement, or arbitration award is five
thousand dollars ($5,000) or greater, any insurer providing
professional liability insurance to that licensee or architectural
entity shall report to the board all of the following:
(1) The name of the licensee.
(2) The claim or file number.
(3) The amount or value of the judgment, settlement, or
arbitration award.
(4) The amount paid by the insurer.
(5) The identity of the payee.
(b) Within 30 days of payment of all or any portion of any civil
action judgment, settlement, or arbitration award described in
Section 5588 against a licensee of the board in which the amount or
value of the judgment, settlement, or arbitration award is five
thousand dollars ($5,000) or greater, any state or local governmental
agency that self insures that licensee shall report to the board all
of the following:
(1) The name of the licensee.
(2) The claim or file number.
(3) The amount or value of the judgment, settlement, or
arbitration award.
(4) The amount paid.
(5) The identity of the payee.

5588.2. The requirements of Section 5588 and 5588.1 shall apply if
a party to the civil action, settlement, arbitration award, or
administrative action is or was a sole proprietorship, partnership,
firm, corporation, or state or local governmental agency in which a
licensee is or was an owner, partner, member, officer, or employee
and is or was a licensee in responsible control of that portion of
the project that was the subject of the civil judgment, settlement,
arbitration award, or administrative action.

5588.3. Notwithstanding any other provision of law, a licensee
shall not be considered to have violated a confidential settlement
agreement or other confidential agreement by providing a report to
the board as required by this article.

5588.4. The board may adopt regulations to further define the
reporting requirements of Sections 5588 and 5588.1.

5590. Within 10 days after a judgment by a court of this state that
a license holder has committed a crime or is liable for any death,
personal or property injury, or loss caused by the license holder's
fraud, deceit, negligence, incompetency, or recklessness in practice,
the clerk of the court which rendered the judgment shall report that
fact to the board. However, if the judge who tried the matter finds
that it does not relate to the defendant's professional competence or
integrity, the judge may, by order, dispense with the requirement
that the report be sent.