§ 34-2-34 — Refusal, Revocation, or Suspension of Certificate; Grounds; Hearing; Appeal

Alabama § 34-2-34

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 2: Architects

Text

(a) The board shall have the following disciplinary powers:
(1) To issue cease and desist letters to persons who are practicing architecture without a license.
(2)
To issue reprimands to any licensee who violates any provision of this chapter or the rules
of the board.
(3)
To levy administrative fines for serious violations of this chapter or the rules
of the board of not more than
five thousand dollars (
$5,000
)
for each day the violation continues, but in no event shall an administrative fine exceed
twenty-five thousand dollars (
$25,000
)
total per violation.
(4)
To refuse to issue a certificate, to suspend a certificate for a definite period, or to revoke the certificate of registration of an architect who is found guilty of
any of the following
:
a. Any fraud or deceit in obtaining a certificate of registration as determined by the board at a hearing
.
b. Gross negligence, incompetence, or misconduct in the practice of architecture as determined by the board at a hearing
.
c. A felony or misdemeanor involving moral turpitude by a court of competent jurisdiction
.
d. Practicing architecture in this state in violation of the standards of professional conduct established by the board
.
e. Practicing architecture in this or any other state or country in violation of the laws of that state or country
.
f. Aiding or abetting any individual, partnership, or corporation to engage in the practice of architecture in violation of any provisions of law.
(b)
Pursuant to subsection
(a)
, notice of the nature of the charges placed against an architect and the time and place of hearing these charges by the board must be sent to the accused by certified mail, with return receipt requested, and addressed to his or her last known place of business, or residence, not less than 30 days before the date fixed for such hearing. The notice shall inform the individual that he or she is entitled to be represented by counsel of his or her choosing at the hearing, to have witnesses testify on his or her behalf at the hearing, to confront and cross-examine witnesses at the hearing, and to testify on his or her own behalf at the hearing.
(c)
In all cases of reprimand, administrative fine, refusal, suspension, or revocation of a certificate of registration, or any other disciplinary action of the board, the accused may appeal to the Circuit Court of Montgomery County, Alabama. Either party, the accused or the board, has the right to appeal from the final decree of the circuit court as provided by law.

Legislative History

(Acts 1979, No. 79-676, p. 1198, §5; Acts 1991, No. 91-157, p. 201, §3; Acts 1993, No. 93-614, p. 1006, §1(10); Act 2010-501, p. 796, §1; Act 2010-534, p. 894, §1; Act 2024-379, §1.)