(1) The board may
take disciplinary or other action as authorized by section 12-20-404 against, or limit
the scope of practice of, a licensee for the following:
(a) Fraud, misrepresentation, deceit, or material misstatement of fact in
procuring or attempting to procure a license;
(b) Any act or omission that fails to meet the generally accepted standards
of the practice of architecture, as evidenced by conduct that endangers life, health,
property, or the public welfare;
(c) Conviction of, or pleading guilty or nolo contendere to, a felony in
Colorado concerning the practice of architecture or an equivalent crime outside
Colorado. A certified copy of the judgment of a court of competent jurisdiction of
the conviction or plea shall be presumptive evidence of the conviction or plea in any
hearing under this part 4. The board shall be governed by sections 12-20-202 (5)
and 24-5-101 in considering the conviction or plea.
(d) Affixing a seal or allowing a seal to be affixed to any document of which
the architect was neither the author nor in responsible control of preparation;
(e) Violation of, or aiding or abetting in the violation of, this part 4, an
applicable provision of article 20 of this title 12, any rule promulgated by the board
in conformance with part 1 of this article 120 or this part 4, or any order of the board
issued in conformance with this part 4;
(f) Use of false, deceptive, or misleading advertising;
(g) Performing services beyond one's competency, training, or education;
(h) Failure to render adequate professional control of persons practicing
architecture under the responsible control of a licensed architect;
(i) Habitual or excessive use or abuse of alcohol, controlled substances, or
any habit-forming drug;
(j) Any use of a schedule I controlled substance, as defined in section 18-18-203;
(k) Violation of the notification requirements in section 12-120-411;
(l) Failure to pay a fine assessed under this part 4;
(m) Failure to report to the board any architect known to have violated any
provision of this article 120 or any board order or rule;
(n) Fraud or deceit in the practice of architecture;
(o) Making or offering to make any gift (other than a gift of nominal value
such as reasonable entertainment or hospitality), donation, payment, or other
valuable consideration to influence a prospective or existing client or employer
regarding the employment of the architect; except that nothing in this subsection
(1)(o) shall restrict an employer's ability to reward an employee for work obtained or
performed;
(p) Selling or fraudulently obtaining or furnishing a license or renewal of a
license to practice architecture;
(q) Engaging in conduct that is intended or reasonably might be expected to
mislead the public into believing that the person is an architect;
(r) Engaging in the practice of an architect as a corporation or partnership or
group of persons, unless the entity meets the requirements of section 12-120-404;
or
(s) Failing to respond to allegations in a complaint within the length of time
specified in the letter issued by the board in accordance with subsection (2) of this
section.
(2) The board may issue and send a letter of admonition by first-class mail to
a licensee at the licensee's last-known address under the circumstances specified
in and in accordance with section 12-20-404 (4).
(3) The board may send a confidential letter of concern to a licensee under
the circumstances specified in section 12-20-404 (5).
(4) Any disciplinary action in another state or jurisdiction on grounds
substantially similar to those that would constitute a violation under this part 4
shall be prima facie evidence of grounds for disciplinary action, including denial of
licensure, under this section.
(5) In addition to the penalties provided for in this section, any person
violating any provision of this part 4 or any standards or rules promulgated
pursuant to this part 4 may be punished by a fine of not less than fifty dollars and
not more than five thousand dollars upon a finding of misconduct by the board,
made pursuant to article 4 of title 24.
(6) If, as a result of a proceeding held pursuant to article 4 of title 24, the
board determines that a person licensed to practice architecture pursuant to this
part 4 has acted in such a manner as to be subject to disciplinary action, the board
may, in lieu of or in addition to other forms of disciplinary action that may be
authorized by this section, require a licensee to take courses of training or
education relating to the licensee's profession. The board shall determine the
conditions that may be imposed on the licensee, including, but not limited to, the
type and number of hours of training or education. All training or education courses
are subject to approval by the board, and the licensee is required to furnish
satisfactory proof of completion of the training or education.