A professional career in landscape architecture is undoubtedly fun, fulfilling, and highly rewarding. Many people see you as able to create eye-catching landscapes, but most will not take the time to think about the efforts that go into acquiring the license to offer these services.
In addition to spending several years in school to attain the necessary educational requirements, the Landscape Architect Technical Committee (LATC) will require you to pay a certain fee to acquire your practice license.
Unfortunately, a criminal allegation or professional misconduct issue with the LATC could compromise your license, affecting your source of income. If you are in this situation, working with a skilled attorney would be a great place to start. At Orange County License Attorney, we will inform you of your rights and offer legal representation during the administrative process to secure a desirable outcome.
Landscape Architectural Practice at a Glance
Landscape architecture is a design profession that involves stewardship, design, planning, and land management. When applying for your practice license as a trained and certified landscape architect, the LATC will require you or your attorney to prove your competence by:
- Showing you attained excellent grades on your national exam results
- Presenting evidence to show that you have attained the necessary education requirement in architecture
Here are other possible areas the LATC’s licensing officer could test you on:
- Your ability to conduct field inspection and supervision in restoration, maintenance, or construction sites
- Your ability to create drainage plans, overall site plans, watering and grading methods
- Your ability to prepare, assess, and review master plans for proper land use
Your main duty as a landscape architect is to craft outdoor spaces that are eye-catching. Many people often notice the work of general architects and engineers on buildings, but few appreciate the brains behind the beautiful landscape and lawns.
As a landscape architect, you play a crucial role in ensuring commercial and residential buildings are well-arranged within a city. Other crucial services you can offer as a licensed landscape architect include (but are not limited to) the following:
- Supervising the planning and construction of various private and public outdoor spaces, including roads, parks, walkways, and several other urban development schemes.
- Conduct a site study before the commencement of a construction project
- Conducting an environmental impact assessment (EIA) on proposed construction projects to determine whether they could negatively impact the environment
- Working with property owners to help in maintaining building lots
- Deciding when proposed construction or maintenance projects should start
Your practice license as a trained landscape architect allows you to work legally to earn your income by planning and managing private or public outdoor spaces. Therefore, facing an allegation of professional misconduct or criminal offense is a matter you should take seriously, as it could jeopardize your hard-earned license.
Hiring a seasoned license defense attorney who comprehends the valuable role of your work as a licensed architect and what a suspension or revocation of your practice license could do to you is vital. A skilled attorney can help investigate the case and craft defenses that can work in your favor to secure a positive outcome.
The LATC’s Core Mission
Completing your studies and training in architecture is not enough to land you reliable contracts and jobs with the property owners, government, and building contractors. In addition to investing your money and time in training, the LATC requires you to demonstrate professionalism and competence to secure your license and offer your services lawfully.
In addition to your experience and skills, the LATC will consider other factors before issuing you a practice license to work as a landscape architect, including your knowledge of the law, particularly the rules that govern your profession. As a trained and certified landscape architect, you must be prepared to offer professional, competent, and safe services.
If you meet the required eligibility criteria, the board will issue you a practice with the expectation that you will comply with all the set rules and your profession’s code of ethics and conduct. Unlike what many think, the LATC’s mission is not to protect its members. Instead, the core mission of the board is to protect consumers from incompetence, fraud, and negligence.
That means, if a complaint of misconduct or an alleged crime is filed against you, the board will not hesitate to investigate the matter. While the board will dismiss many allegations for lack of sufficient evidence or for being “unsubstantiated,” you never know what to expect after receiving a Notice of Investigation.
Whether the complaint was filed by your contractor, municipal inspector, or client, knowing what to do once the board receives a complaint against you is crucial. A proactive defense strategy is necessary to challenge the allegations for the best possible outcome. In this situation, the best step to take is to hire a credible attorney to offer you legal representation and advise you of your rights as the case continues.
When you fail to respond to the complaint as soon as possible (typically, fifteen days), the board can require you to pay a fine or suspend or revoke your practice license.
Acts or Violations That Could Trigger the LATC’s Disciplinary Action
Every day, the LATC receives several complaints against licensed architects. However, not all allegations or complaints will lead to disciplinary action. Below are some of the common violations or acts that could attract the board’s disciplinary action:
Misrepresentation or Fraud in Your Professional Practice
Using fraud or misrepresentation to secure your professional landscape architect license is one of the common grounds for the board’s disciplinary actions. Falsifying your qualifications or using deceptive advertisements to lure clients to offer you work could also count as misrepresentation or fraud, putting your practice license at risk of revocation or suspension.
Abetting or Aiding Unlicensed Practice
Encouraging unlicensed professionals to work under your practice license is another issue that could put you in trouble with the LATC. That means offering another person your practice stamp or signing a plan that you did not inspect or oversee is a breach of this law. A case of this nature could attract a license revocation because the board considers this matter a threat to public safety.
Professional Misconduct or Substance Abuse
The board is also keen to investigate complaints against licensed landscape architects if they involve professional misconduct or substance abuse. As a licensed landscape architect, the board expects you to perform your duties with a sober mind to maintain the required safety standards. Therefore, being drunk or under the influence of controlled substances while at work could jeopardize your license.
Professional misconduct, even if it occurred once, could be detrimental to your professional record as a landscape, affecting the status of your practice license and future opportunities.
Incompetence or Gross Negligence
Intentional misconduct, incompetence, or gross negligence while performing your duties is another reason for the board to investigate your practice as a landscape architect. For example, a design failure caused by your miscalculations could cause serious soil erosion or drainage problems, and the board could consider that incompetence or negligence in your work.
It is worth noting that your actions while on duty are not the only acts that could attract the LATC’s disciplinary actions. The licensing board can review any felony or misdemeanor conviction if it is substantially related to your qualifications or responsibilities as a licensed landscape architect.
For example, if you have a conviction for a drug-related offense, fraud, or driving under the influence (DUI) offense, the board could take disciplinary action against you. The rule of thumb is that if your practice license is on the line due to any alleged violation or misconduct, you should work with a seasoned attorney to help you prepare appropriate legal defenses.
Possible Disciplinary Actions You Could Face for Any of the Above Violations
If the evidence the board’s prosecution team brings against you is overwhelming, the administrative law judge (ALJ) may recommend the following penalties:
A Citation and Fine
For non-serious violations, the ALJ may recommend a citation as the punishment for your violation. A citation typically serves as a warning against any further violation. In addition to the citation, the board could also require you to pay a fine for your violation.
A Reprimand
A public reprimand is a formal disciplinary action that the ALJ may recommend for technical or minor violations. However, it will not affect your ability to practice and offer your services as a landscape architect.
A License Suspension
License suspension affects your ability to offer your services, manage projects, or stamp plans for up to one year. During this period, the board could recommend undergoing further studies to improve your competence or enrolling in a rehabilitation program to fix a particular behavior pattern, like alcoholism or substance abuse.
A License Revocation
While this disciplinary action is not common, your offense or misconduct issue could attract this punishment. You are more likely to face this disciplinary action if your violation involves gross negligence or putting other people at risk of injury or death. License revocation means you cannot continue offering your services for an indefinite period.
Factors That Could Influence the Seriousness of Your Disciplinary Action
The ALJ will consider the following factors when determining an appropriate disciplinary action for your violation during the administrative hearing:
- The seriousness of the damage caused by your violation
- The number of complaints or allegations filed against you
- The time that has passed since you committed the offense
- Whether the victim sustained physical injury or incurred financial loss due to your violation
- The rehabilitative measures that you have taken to fix the problems that caused you to breach the LATC’s rules
- Your attorney’s mitigating arguments
Having a seasoned attorney during the administrative hearing before an ALJ is key to securing the best possible outcome. It is worth noting that the ALJ’s decision on your case is not final. The licensing board will review the recommendation and decide whether to reject or adopt it. When the LATC accepts the ALJ’s decision, it will become final.
However, when the board disagrees with the ALJ’s decision, it will issue its decision even if the ALJ’s decision was in your favor. Even when the board revokes your license, all hope is not lost. Your attorney can help you file an appeal to secure a reinstatement of your license and keep offering your services to earn income.
Appealing the Board’s Decision
If the LATC imposes a harsh disciplinary action for your violation, especially license revocation, appealing the decision could be a wise idea. Also, you can appeal the board’s decision if you are a new license applicant and the LATC has denied your application. However, you must meet the board’s requirements, including the necessary timeframe and compliance with the set rules.
Your attorney can help you prepare and compile appropriate evidence to help convince the board to reduce or mitigate your disciplinary action.
When to Hire a License Defense Attorney as a Landscape Architect
As you can see above, the potential disciplinary action you could face can be life-altering. Therefore, you should do everything you can to protect your practice license and reputation. Here are some of the instances you should consider hiring an attorney:
- When you are under investigation for an alleged violation
- When you are under arrest or convicted of a crime
- When the LATC sends you a Notice of Investigation
- When the LATC summons you to an administrative hearing
- When the LATC has denied your license suspension
- When the board’s disciplinary action is too harsh, and you want to file an appeal
An attorney’s early intervention in your case can make a significant difference in the outcome of the hearing. Ensure the attorney you choose is experienced and reputable to provide the best service you deserve and secure a positive outcome.
Find a License Defense Attorney Near Me
As a licensed landscape architect, you should never overlook or undermine any complaint filed against you with the LATC by anyone. A complaint or allegation against you could put your reputation and professional career as a landscape architect on the line.
At Orange County License Attorney, we understand that and are ready to help you prepare and present compelling defense arguments that can help you secure a favorable outcome. Call us at 714-782-6386 to schedule your first consultation with our credible license defense attorneys.
