Article 5 - Disciplinary Proceedings

California Business and Professions Code — §§ 5560-5590

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Sections (26)

Amended by Stats. 1996, Ch. 184, Sec. 9. Effective January 1, 1997.

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.

Amended by Stats. 1985, Ch. 1223, Sec. 20.

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.

Amended by Stats. 1985, Ch. 1223, Sec. 21.

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.

Amended by Stats. 2024, Ch. 482, Sec. 12. (SB 1452) Effective January 1, 2025.

The board’s decision may do the following:

(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 their 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 to exceed 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.

Amended by Stats. 2024, Ch. 482, Sec. 13. (SB 1452) Effective January 1, 2025.

In any proceeding for review by a court, the court may permit, 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 them by the board’s decision, if any, 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 files 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.

Amended by Stats. 1984, Ch. 47, Sec. 47. Effective March 21, 1984.

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.

Amended by Stats. 1985, Ch. 1223, Sec. 25.

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.

Amended by Stats. 1985, Ch. 1223, Sec. 26.

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.

Amended by Stats. 1985, Ch. 1223, Sec. 27.

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

Amended by Stats. 1985, Ch. 1223, Sec. 28.

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.

Amended by Stats. 1996, Ch. 184, Sec. 10. Effective January 1, 1997.

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.

Amended by Stats. 1985, Ch. 1223, Sec. 30.

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.

Amended by Stats. 2024, Ch. 482, Sec. 14. (SB 1452) Effective January 1, 2025.

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

Amended by Stats. 1985, Ch. 1223, Sec. 32.

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.

Amended by Stats. 1985, Ch. 1223, Sec. 33.

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.

Amended by Stats. 1996, Ch. 184, Sec. 12. Effective January 1, 1997.

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.

Added by Stats. 1994, Ch. 258, Sec. 2. Effective January 1, 1995.

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.

Added by Stats. 2025, Ch. 470, Sec. 1. (AB 671) Effective January 1, 2026.

The fact that the holder of a license who serves as a qualified professional certifier, as defined in Section 66345.1 of the Government Code, makes any false statement in a certification submission pursuant to Chapter 14 (commencing with Section 66345) of Division 1 of Title 7 of the Government Code constitutes grounds for disciplinary action.

Added by Stats. 2025, Ch. 380, Sec. 2. (AB 759) Effective January 1, 2026. Operative January 1, 2027. Repealed as of January 1, 2037, by its own provisions.

(a)The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any person using the title “architect-in-training” pursuant to Section 5500.2, and make findings for those purposes.
(b)The board may suspend or revoke an active authorization to use the title “architect-in-training” approved pursuant to Section 5500.2 for any of the following reasons:
(1)There is no longer a licensed architect responsible for supervising the person using the title “architect-in-training,” regardless of who ended the supervisory arrangement.
(2)The person using the title

“architect-in-training” committed any act of fraud, deceit, or misrepresentation in obtaining the authorization to use that title.

(3)The person using the title “architect-in-training” violated any provision of this chapter or any regulation adopted by the board related to this chapter, or aids or abets any person in the violation of this chapter or those regulations.
(c)This section shall become operative on January 1, 2027.
(d)This section shall remain in effect only until January 1, 2037, and as of that date is repealed.

Added by Stats. 2025, Ch. 380, Sec. 3. (AB 759) Effective January 1, 2026. Operative January 1, 2027. Repealed as of January 1, 2037, by its own provisions.

(a)A licensed architect who is responsible for supervising a person using the title “architect-in-training” pursuant to Section 5500.2 shall be subject to disciplinary actions for any violations of this chapter committed by the person using that title within the course and scope of their employment.
(b)This section shall become operative on January 1, 2027.
(c)This section shall remain in effect only until January 1, 2037, and as of that date is repealed.

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