So much is expected of a certified landscape architect regarding quality, safe service, and professionalism. If you fall short of this expectation, a dissatisfied or aggrieved client, colleague, or employer can file a claim against you with the Landscape Architect Technical Committee. When the committee receives such complaints and launches an investigation, any evidence they gather against you can cause you to lose your license temporarily through suspension or permanently through license revocation. It is always good to partner with a skilled license attorney if you face an administrative process due to a complaint against you.
We work with professionals like you at the Law Office of Sara L. Caplan to defend your license, advise you on your rights and options, and fight any allegation you face for a fair resolution. You can count on us if you or someone you know is facing an administrative process in Los Angeles. We have excellent training and experience in license defense, which can benefit any situation you could be in that threatens your license or livelihood.
The Invaluable Service of a Certified Landscape Architect
Landscape architects ensure the outdoor environment is attractive, sustainable, and comfortable. They maintain parks and gardens, making them beautiful. They also work with residential and commercial property owners to maintain building lots. You probably enjoy visiting, living, or working in your favorite places because they are well-maintained. This requires excellent skills and experience; hence, a landscape architect must undergo extensive training before obtaining a license.
With the right skills and experience, a landscape architect can work alone or with others to produce a beautiful outdoor space. They work with building contractors and property owners to ensure that the outdoor spaces they create are attractive and functional. It takes a lot for a landscape architect to be noticed by these professionals and be allowed to give a perfect finish for a commercial or residential building. Government agencies responsible for maintaining public outdoor spaces like parks also look for excellence when hiring a landscape architect.
This explains why you spent so many years in school, learning the skill, and several other years obtaining the right experience to be excellent at your job. You also spent time and money obtaining a license, which allows you to discharge your services within California. Sadly, this is insufficient to keep you working as a landscape architect until retirement. Every day, you must demonstrate professionalism and competence to keep your license. Otherwise, the Landscape Architect Technical Committee will cancel or suspend your permit if your services fall short of public expectations.
The committee is rigorous when licensing landscape architects. It also takes complaints and allegations against licensed architects very seriously. Thus, losing your license even after training for years is possible. However, an experienced license attorney can help you fight any allegation or issue you face in your profession. In addition to ensuring you understand what is at stake after an allegation is filed against you, they will discuss fighting strategies that can lead to a reasonable outcome.
The Landscape Architects Technical Committee
Training as a landscape architect in California is insufficient to land jobs and contracts with the government, property owners, or building contractors. You must demonstrate competence and professionalism by showcasing your license when seeking employment. The Landscape Architects Technical Committee is responsible for licensing qualified landscape architects. In addition to their skills and experience, the committee considers other qualifications when issuing licenses, including their knowledge of law, especially the rules that govern their profession. Landscape architects are expected to comply with the Business and Professions Code, the Penal Code, and the Health and Safety Act, among other laws.
A trained landscape architect must also be ready to provide safe, professional, and competent services. If the committee is satisfied with an architect's qualifications and licenses them, the professional must abide by the profession’s code of conduct to keep their license. The committee can suspend or revoke their license if they fail to comply with the set professional standards of operations, thereby putting their clients or the public at risk of bodily harm or financial loss.
However, issuing licenses is not the committee’s principal mandate. The committee exists primarily for public safety. Its main interest is to ensure the public remains safe and content with the services of certified landscape architects. This explains why it is rigorous to issue or renew licenses. If a licensed professional is suspected of professional misconduct, the committee takes action to safeguard the public. It accomplishes this by disciplining professionals who violate the code of conduct for professional landscape architects.
The kind of discipline a professional receives is mainly based on the type and severity of the violation. Severe violations result in severe penalties like license suspension or revocation. Minor violations result in minor penalties like citations and reprimands. You must be careful when someone files a claim against you with the complaint because there is usually no way to tell the discipline you will receive. To maintain your reputation and license, you must prepare to defend yourself. A competent license attorney can help.
Violations that Can Cause the Landscape Architects Technical Committee To Act
Dissatisfied clients and unhappy employers and colleagues file all kinds of allegations against licensed landscape architects with the committee. Some allegations are minor, and others are severe. Although the committee does not act on all allegations it receives, it takes these matters very seriously. If the allegation against you is credible, the committee will likely act, depending on the severity of the violation. Here are common violations by landscape architects that can trigger an administrative process:
-
Using fraud or false information to obtain or renew your professional license
-
Using an assumed name or impersonating someone else to practice
-
Engaging unskilled or unlicensed assistants in your practice, especially at a level that requires competence or certification
-
Committing insurance fraud or engaging in any other fraudulent act
-
Being negligent, incompetent, or demonstrating willful misconduct while discharging your duties
-
The use or abuse of drugs or alcohol while at work
-
Stamping or owning another person’s work as yours when, in truth, you did not participate in the work in any way
-
An arrest or criminal conviction that substantially affects your professionalism
-
Being under the investigation or discipline of another licensing body or government agency, even from a different state
When the committee receives an allegation against an architect, it establishes the authenticity of a claim before taking action. If the claim seems conceivable, the committee can decide to pursue it. It will start by notifying you of the allegation and the action it intends to take, including investigating the matter and conducting a hearing. You can engage an attorney to understand the gravity of the allegation and your options. Working with an attorney from the beginning will also ensure you are well-prepared for the hearing. This can improve your chances of obtaining a favorable result.
Remember that the committee does not act on all allegations it receives. It dismisses the unsubstantiated allegations and those that lack solid evidence to support the claim. However, once you receive a notice of investigation, you should prepare your defense. It is difficult to know what to expect at that point, and since your license is at risk, prior preparation will minimize that risk. Ignoring the notice is not a good idea, as you could lose substantial time planning your defense. This could weaken your case, resulting in an unfavorable outcome.
How The Committee Handles Complaints
The administrative process against licensed landscape architects starts when the committee receives an allegation from the public, whether from a client, employer, or colleague. The committee carefully considers the claim's authenticity to ensure it has sufficient grounds to investigate the matter. If the committee decides to pursue the matter, it will notify the accused professional of the allegation, pending investigation, and a hearing date. If, after starting the investigation, the committee does not gather adequate evidence to continue with the case, it will drop it. You will be notified of that decision immediately after it happens.
If the committee has enough evidence to pursue the matter, it will set a hearing date and appoint an administrative judge to oversee the hearing. The judge will hear the evidence brought against you and your defense to decide how to proceed. During the hearing, you can fight the allegation with proof or introduce mitigating factors to push for a reasonable resolution. You can do this with the help of your license attorney. An experienced attorney will know the kind of defense to trigger a favorable outcome. They will also know how to negotiate for a favorable result.
If the evidence brought against you is overwhelming, the judge will determine the most suitable discipline according to the severity of the allegation. Here are some of the disciplinary actions the committee uses for violations committed by licensed landscape architects:
A Citation
The committee uses citations for lenient violations by certified landscape architects. A citation acknowledges that the committee is aware of the violation and serves as a warning against further violations by the professional. A citation can be accompanied by a requirement to pay a fine to the board. Although citations do not directly affect your profession, they can affect your reputation. The committee issues citations publicly, making the information about your violation public for all to see, including your clients, employer, and colleagues. This can affect how people view or treat you as a professional.
A Reprimand
The committee sometimes writes letters or reprimands to landscape architects found guilty of a minor violation. The reprimand is a warning against similar violations in the future. Reprimands are also issued through a public website. This makes the information about your violation accessible to critical people like your employer, colleagues, and clients. Although a reprimand does not affect your license directly, it can affect your reputation. This could affect how you find jobs or clients in the future.
License Suspension
This is a standard disciplinary action by the committee against unprofessional landscape architects. If you show incompetence or unprofessionalism, the committee can suspend your license for a particular period to allow you to make amends to avoid further violations. During this period, you can go for further studies to improve your competence or undergo rehabilitation to correct a particular behavior, like a drug or alcohol problem.
Although license suspensions are temporary and do not take away your ability to practice your profession, they can affect your livelihood. You must find an alternative way to make a living when your license is on suspension. You could also face challenges reinstating a suspended license.
License Revocations
These are not so common, but they happen to landscape architects who demonstrate gross negligence in their line of work. If your conduct puts your clients or the public at risk of significant bodily harm, death, or severe financial loss, you could lose your license permanently. When the committee revokes your license, you cannot work again in this profession. This is serious because all your efforts to obtain your license will be futile.
Find a Competent License Attorney Near Me
Holders of a landscape architect license must continuously demonstrate professionalism and competence to keep their license. This requires you to be careful when dealing with your clients, employers, and colleagues. It also requires you to understand and abide by all the laws governing your profession, including the California Penal Code, Business and Professions Act, and the Health and Safety Act. The Landscape Architects Technical Committee takes all violations seriously and will likely discipline you if there is enough proof of your unprofessionalism or incompetence.
You need someone to guide you through the administrative process if someone has filed an allegation against you with the committee. A skilled license attorney can do this, preparing you for what to expect. We can also plan a strong defense against your allegations to maintain your license and livelihood at the Law Office of Sara L. Caplan. We have extensive experience handling license defense cases in Los Angeles. Call us at 310-550-5877 to discuss the allegation against you and our service in detail.