Your architectural career is critical to you, those who depend on you for a living, and those who rely on your service for safe and functional structures. Thus, you must guard it with all you have. If someone files a complaint against you with the Architects Board in San Bernardino, you should be prepared to fight for your livelihood and career. We can help you determine the nature of the complaints against you, the best approach, and how to defend your license at San Bernardino License Attorney. We can also represent you during the administrative hearings and help with reinstatement if the board suspends your professional license. 

What Your Architectural Job Entails

Architects are the professionals who design beautiful and functional buildings. They are highly skilled individuals who undergo extensive training to create various structures, including commercial and residential buildings. In addition to developing building plans, architects supervise construction to ensure that builders follow through with approved plans to avoid structural mistakes.

In addition to exceptional skills and experience, you must be dedicated and professional in your service delivery as an architect. This means working well with others and being careful not to violate the law or the architect's professional code. The Architects Board is very particular in its requirements when licensing trained architects. Those who fall short of these requirements do not receive the certification necessary for legal services within California.

The board also sets a high standard of operation for licensed architects. Failing to abide by these standards could result in the cancellation of your license and career. Considering how hard and for how long you work to qualify for licensing, it will be unfair to lose it all in an instant. Unsatisfied clients and employees can also file a complaint against you with the board, causing the board to take disciplinary action against you.

Considering how difficult it is to satisfy everyone in this industry, you must always be prepared for eventualities like this. No matter how hard or smart you work, someone will complain about your actions or omissions. Some people file false accusations, and others exaggerate a minor issue into a significant problem that could cost your license. Although the board selects complaints and allegations to pursue, you must be prepared for every possible outcome.

A skilled attorney will help you fight for your career. They can advise you on your best opinions, depending on the charges you face and the possible penalties. They can also negotiate with the board to dismiss your charges or make a favorable ruling.

The Role of the Architects Board

Competent architects in terms of training and experience, need a license to offer legal and competent services within California. The Architects Board is responsible for this. Trained architects must satisfy particular requirements provided by the board through its website to obtain a license. If you meet the requirements, you apply for a permit and await the board’s approval. The board does not approve all the applications it receives. Even those whose applications are approved must work under specific conditions to keep their licenses. Violating the law, demonstrating incompetence, committing fraud, being negligent, or committing other professional misconduct puts your career at risk.

The boards set strict qualifications for professional architects to protect the public from incompetent, low-quality, and unprofessional services. Everything the Architects Board does is for public safety. This explains why the boards act quickly and strictly in case of professional misconduct to protect the public from damages. Thus, you must work hard to defend your license if accused of wrongdoing or incompetence. The board can take severe disciplinary action against you to keep your clients and the general public safe.

When the board learns of your negligence, incompetence, or unprofessionalism from your clients, colleagues, employer, or family members, it investigates the matter to determine its credibility. Remember that some people file false accusations against licensed professionals. The board must ensure that the allegation is credible before taking action. If the accusation is valid, you will be notified of a hearing, which you must attend to determine the matter. The board appoints an administrative judge to review evidence and testimonies and choose the right action for the violation.

It is advisable to consult with a license attorney once you receive this notice to determine the appropriate approach to handle the matter. Your attorney will also help you gather and prepare evidence and statements to counter the allegations or trigger a favorable outcome of the case. They will help you understand the severity of the allegations, your options, and the best defense strategies to protect your career.

Administrative Procedures by the Board of Architects

You could avoid an administrative hearing if the allegations against you are unsubstantiated. However, if the board notifies you of a pending investigation, you will receive a hearing date to appear before an administrative judge. In the hearing, the judge will review your charges and the evidence, then allow you to provide evidence and make a statement in your defense. Your attorney can assist you with this to avoid making statements that could incriminate you. Your attorney will also know the best approach to obtain the favor of the judge and the board.

If you face accusations for a minor issue, the board will settle for a more lenient form of discipline, like a citation or reprimand. These will not affect your license and career but could damage your reputation. Thus, it could be in your best interest if your attorney fights them to protect a name you have created for yourself over the years in the industry. If the board fines you, your attorney can also intervene if the fine is more than you can afford. The board can take significant disciplinary action against you if the allegations are grave. Here are examples of grave accusations that could result in a suspended or revoked architect license:

  • Being incompetent or negligent (ordinary or gross negligence) in your practice.

  • Being reckless or unprofessional.

  • If there is a conflict of interest in your job or service delivery.

  • Committing fraud to obtain money or a professional license.

  • Allowing uncertified assistants to work under you.

  • Being discriminative towards your workers, colleagues, or clients.

  • Drug or alcohol abuse during working hours.

  • Committing an offense that technically affects your professionalism.

  • Violating any law under the Business & Professions Code, Architects Practices Code, and related statutes.

  • If you are under the investigation of another government agency or a licensing body in another state.

A competent license attorney will develop a good fighting strategy based on the nature and severity of your allegations. They will negotiate with the board and introduce mitigating factors to help your case. If possible, they will propose a plea bargain to cause your licensing board to take a more lenient action against you. They will aim to protect a license that has taken you years of training, retraining, and on-the-job experience to obtain.

If the evidence your attorney has in your favor is insufficient to win the case, they will use mitigating and exculpatory factors to push the board to reconsider its decision. These factors can also counter all aggravating factors in your case. For example, if your negligence caused someone to sustain a severe injury, your attorney can plead your case by mentioning the many instances in which you have saved lives on your job. They can argue that, although your actions are grossly negligent, you did not intend to cause harm. If you have a good track record of performance, this could work in your favor and cause the board to take lenient action against you.

Factors That Will Affect Your Case

To protect the public, the board must carefully consider its decision to ensure you receive the discipline you deserve for your misconduct. The discipline must warn you and other licensed architects against the same or similar misconduct. Here are some of the factors the board considers when choosing the proper discipline for unprofessional architects:

  • The gravity and nature of the violation, whereby the board issues a lenient discipline for minor allegations and a more stern discipline, like license revocation for a grave violation.

  • If your actions caused anyone to suffer harm, whether physical, emotional, or financial harm and the severity of that harm.

  • The likely outcome if your actions were successful.

  • Your track record of performance.

  • If you face accusations for one or numerous violations, and if this is your first or subsequent allegation.

  • If you have taken measures to correct your behavior, for example, through treatment or rehabilitation.

  • If you have admitted to wrongdoing or are still denying your participation in the violation.

  • How much time has passed since the violation, and if you have re-offended since.

  • If you are remorseful or have asked for forgiveness from the board or the victims of your actions.

If someone suffered severe harm, you do not appear remorseful, or you are likely to reoffend, the board can revoke your license. This means you will no longer be able to practice your architectural career. However, if your actions are grave but you are remorseful and willing to take the necessary steps to avoid reoffending, your attorney can negotiate for a more favorable discipline. Instead of revoking your permit, the board can place you on probation or suspend your license for a particular period. Once you meet all the probation or suspension requirements, your attorney can support you in applying for the reinstatement of your license.

How a Competent License Attorney Can Help

An architect license does not protect you from allegations of professional misconduct, unprofessionalism, criminal charges, and investigations by your licensing board. Thus, do not take notification of inquiry by the board lightly, as it could result in graver penalties that can affect your license and career. Talking to an experienced attorney immediately after receiving the notice is advantageous, as it prepares you for what to expect before, during, and after the administrative hearing.

An attorney will review the details of your case to explain its severity, your options, and possible outcomes. You need this information to understand your situation better and prepare for the administrative hearing. They will also work with you to prepare for the hearing. You need to gather evidence, prepare a statement, and prepare questions for witnesses appearing at the hearing.

Your attorney will ensure you understand and defend your rights. The board must respect your rights regardless of how grave your allegations are. For example, it must notify you of a pending investigation, allow you time to prepare for the hearing, and consider your evidence and statement in the final ruling. Your attorney will be there to ensure your rights are respected and that your best interests are served.

Your attorney can appear before the judge on your behalf. Your legal representative can do it if you cannot appear in your hearing. You only need to appear if the judge specifically requires it. A skilled attorney can handle everything in your case, removing your worries and allowing you to concentrate on your job as the case continues.

A skilled attorney will fight for the best possible outcome of your case. They will not rest until you are satisfied with the case’s outcome. If you lose in the hearing, your attorney can file an appeal and prepare better to fight for your license and reputation. They will use all possible strategies to compel the board to dismiss your case or take a more lenient action against you.

Find a Reliable License Defense Service Near Me

Do you or a loved one face disciplinary action by the Board of Architects in San Bernardino?

The outcomes of investigations by professional boards are usually unpredictable. You need to plan well for the outcome you hope for. If you are worried about losing a career you have built for many years, you must take precautions to fight your allegations. You can do this with the assistance of a skilled license lawyer.

We are familiar with administrative procedures and can help you with your case at San Bernardino License Attorney. Our highly trained and experienced attorneys understand how hard it is to obtain an architect license and will use the best defense strategies to defend yours. Additionally, we will represent you in all administrative hearings, protect your rights, and keep you informed about the progress of your case. Call us at 909-966-4095 to begin the legal process with us.