§ 37:153 — Board; disciplinary actions; revocation; suspension; probation;

Louisiana § 37:153

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§153. Board; disciplinary actions; revocation; suspension; probation;
reprimand; admonishment; fine
A. The board may participate in a proceeding to revoke, rescind, or
suspend the certificate of, place on probation, reprimand, admonish, or fine in
an amount not to exceed five thousand dollars per violation, any registrant or
certificate holder found by the board to have committed any of the following
acts:
(1) Engaging in any fraud, deceit, gross incompetence, dishonesty,
misrepresentation, misconduct, or gross negligence in the practice of
architecture.
(2) Affixing his seal, stamp, or name to any specification, drawing or
other related document which was not prepared by him or under his
responsible supervision and control, or permitting his seal, stamp, or name to
be affixed to any such document.
(3) Using his seal or stamp or engaging in any other act constituting the
practice of architecture at a time when his certificate of registration is
suspended or revoked, or at a time when his current renewal has not been
obtained in accordance with the law.
(4) Conviction of a felony, in which case a certified copy of the record
of conviction shall be conclusive evidence of such conviction.
(5) Wilfully misleading or defrauding any person employing him as an
architect.
(6) Violating the provisions of this Chapter or any lawful rule or
regulation adopted by the board pursuant to law.
(7) Practicing any fraud, deceit, material misstatement, or perjury in
applying for a certificate of licensure or registration or in taking any
examination or in applying for any renewal certificate provided for in this
Chapter.
(8) Being convicted of a crime or entering a plea of guilty or nolo
contendere to any criminal charge an element of which is fraud or which arises
out of such individual's practice of architecture, in which case a certified copy
of a record of conviction shall be conclusive evidence of such conviction.
(9) The refusal of the licensing authority of another state, territory, or
district of the United States to issue or renew a license, permit, or certificate
to practice architecture, or the revocation or suspension or other restriction
imposed on a license, permit, or certificate issued by such licensing authority,
on the grounds other than non-payment of a registration fee; provided that the
reason for the action taken by the other licensing authority was recognized by
the Louisiana board as a ground for the disciplinary action taken.
(10) Providing false testimony before the board.
(11) Failing to provide, within thirty calendar days of mailing the
notice by certified mail, information requested by the executive director as a
result of a formal complaint to the board alleging a violation of this Chapter.
(12) Using any advertising or solicitation which is false or misleading.
B. Each day that a violation under Subsection A occurs shall be
considered a separate violation.
C. The board may suspend, refuse to renew, or revoke a certificate of,
place on probation, reprimand, admonish, or fine in an amount not to exceed
five thousand dollars, any foreign or domestic corporation if one or more of its
officers, directors, employees, agents, or representatives has violated any of the
above provisions.
D. In addition to any other action, the board may assess all reasonable
costs incurred in connection with a disciplinary proceeding, including
investigator fees, stenographer fees and attorney fees, and court costs as a
condition of probation or reinstatement of any certificate or registration
suspended or revoked pursuant to this Section.
E. The disciplinary action assessed shall be published in the annual
Roster of Architects and may be released to other professional organizations
relating to architecture or to the news media.
F. Proceedings under this Section shall be begun by any person filing
a written complaint with the board against the registrant or certificate holder
in the form of a sworn affidavit. The board, upon its own motion, may
investigate the actions of any registrant or certificate holder and file a
complaint against him.
G. If in the opinion of the board, a hearing is warranted, a time and
place for the hearing of the charges shall be fixed by the board. A copy of the
complaint shall be sent by the board to the registrant or certificate holder
against whom a complaint has been filed at his last known address by
registered or certified mail at least thirty days prior to the hearing together with
a notice of the time and place of the meeting of the board at which the
complaint shall be heard. Notwithstanding the provisions of this Subsection
the board may summarily suspend a license if it finds that public health, safety,
or welfare imperatively requires emergency action and incorporates a finding
to that effect in its order, as authorized by R.S. 49:977.3(C). Any summary
suspension shall be for a maximum period of thirty days.
H. At the hearing the registrant or certificate holder against whom a
complaint has been filed shall have the right to cross-examine witnesses
against him, to produce witnesses in his defense, and to appear personally or
by counsel.
I. If the accused person or business entity fails or refuses to appear, the
board may proceed to hear and determine the validity of the charges.
J. No disciplinary action shall be taken hereunder unless a quorum of
the board is present at the hearing.
K. If the board determines to suspend the certificate of licensure or
registration of any registrant or certificate holder, it shall fix the duration of the
period of the suspension. If the board determines to issue a fine against the
registrant or certificate holder, it shall fix the amount of such fine.
L. The executive director of the board shall give written notice of its
action by registered or certified mail to the registrant or certificate holder
against whom the complaint was filed at his last known address.
M. The board may require the production of books, papers, or other
documents and may issue subpoenas to compel the attendance of witnesses to
testify and to produce any relevant books, papers, or other documents in their
possession before the board in any proceeding concerning any violation. The
subpoenas shall be served by the sheriff of the parish where the witness resides
or may be found. If any person refuses to obey any subpoena so issued, or
refuses to testify or to produce any books, papers, or other documents required
to be produced, the board may present its petition to the district court of the
parish in which that person was served with the subpoena setting forth the
facts. The court shall then issue a rule to that person requiring him to obey the
subpoena or show cause why he fails to obey it. Unless that person shall show
sufficient cause for failing to obey the subpoena, the court shall direct him to
obey the subpoena and, upon his refusal to comply, he shall be adjudged in
contempt of court and punished therefor, as the court may direct.
N. Any registrant or certificate holder who has been subjected to
disciplinary action by the board shall have the right to appeal to the district
court of the parish in which the hearing was held. The appeal shall be
governed by the Administrative Procedure Act R.S. 49:950 et seq.
O. The board shall have the power to issue a new certificate of
registration or license, change a revocation to a suspension, or shorten a period
of suspension, or otherwise amend any disciplinary action taken hereunder
upon satisfactory evidence that proper reasons for such action exist. Any
person whose certificate of registration or license has been suspended shall
have his certificate of registration or license automatically reinstated by the
board at the end of his period of suspension upon payment of the renewal fee.
No delinquent fee shall be charged for reinstatement of certificate of
registration or license under the provisions of this Chapter.

Legislative History

Acts 1983, No. 472, §1; Acts 1991, No. 418, §1.