SECTIONS 5660-5678.4 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5660-5678.4

5660. The board may upon its own motion, and shall upon the
verified complaint in writing of any person, investigate the actions
of any landscape architect, and may suspend for a period not
exceeding one year, or revoke, the license of any landscape architect
who is guilty of any one or more of the acts or omissions
constituting grounds for disciplinary action under the chapter.

5661. All accusations against a licensee shall be filed within
three 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 or within six years
after the act or omission alleged as the ground for disciplinary
action, whichever occurs first. However, with respect to an
accusation alleging a violation of Section 5667, 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 5667.
If any accusation is not filed within the time provided in this
section, no action against a licensee shall be commenced under this
article.

5662. All proceedings for the suspension or revocation of licenses
under this chapter shall be conducted in accordance with the
provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code. The board shall have all of the powers granted
therein.

5665. A suspended license is subject to expiration and shall be
renewed as provided in this article, but such renewal does not
entitle the holder of the license, while it remains suspended and
until it is reinstated, to engage in the activity to which the
license relates, or in any other activity or conduct in violation of
the order or judgment by which it 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.

5666. The fact that the holder of a license is practicing in
violation of the provisions of this chapter constitutes a ground for
disciplinary action.

5667. 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.

5668. The fact that the holder of a license is impersonating a
landscape architect or former landscape architect of the same or
similar name, or is practicing under an assumed, fictitious or
corporate name, constitutes a ground for disciplinary action.

5669. The fact that the holder of a license has aided or abetted in
the practice of landscape architecture, any person not authorized to
practice landscape architecture under the provisions of this
chapter, constitutes a ground for disciplinary action.

5670. The fact that, in the practice of landscape architecture, the
holder of a license has been guilty of fraud or deceit constitutes a
ground for disciplinary action.

5671. The fact that, in the practice of landscape architecture, the
holder of a license has been guilty of negligence or willful
misconduct constitutes a ground for disciplinary action.

5672. The fact that the holder of a license has been guilty of
gross incompetence constitutes a ground for disciplinary action.

5673. The fact that the holder of a license has affixed his or her
signature, or his or her stamp, or has permitted the use of his or
her name to or on plans, drawings, specifications or other
instruments of service which have not been prepared by him or her or
under his or her immediate and responsible direction, or has
permitted his or her name or his or her signature or his or her stamp
to be used for the purpose of assisting any person, not a landscape
architect, to evade the provisions of this chapter, constitutes a
ground for disciplinary action.

5675. The conviction of a felony in connection with the practice of
landscape architecture constitutes a ground for disciplinary action.
The record of a conviction shall be conclusive evidence thereof.

5675.5. 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 a landscape architect
constitutes a ground for disciplinary action.

5676. A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge of a felony is deemed to be a
conviction within the meaning of this article. The board may order
the license suspended or revoked, or may decline to issue a license,
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when 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 such 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.

5678. (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
landscape 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 comply with this section shall be
grounds for disciplinary action.
(e) A 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
intermediate sanction imposed by the board in lieu of revoking the
licensee's license. A 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.

5678.1. (a) Within 30 days of payment of all or any portion of a
civil action judgment, settlement, or arbitration award described in
Section 5678 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 landscape
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 5678 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.

5678.2. The requirements of Sections 5678 and 5678.1 shall apply if
a party to the civil action, settlement, arbitration award, or
administrative action is or was (a) 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 (b) 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.

5678.3. 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.

5678.4. The board may adopt regulations to further define the
reporting requirements of Sections 5678 and 5678.1.