The work of landscape architects is designing and beautifying outdoor spaces, whether public or private, and ensuring safety. So, a career in this profession can be incredibly fulfilling and rewarding. However, the heavy responsibility entrusted to you means that a minor complaint can lead to scrutiny of your professional permit. Scrutiny can trigger an investigation and disciplinary measures if the accusations are true.

Losing your license due to disciplinary action could end your career and livelihood. So, when your license is threatened, you must understand the processes to follow and your options to save your job. The first step towards keeping your job is hiring an experienced license lawyer to defend your rights. At Fresno License Attorney, we can assist in protecting your license from disciplinary measures by the board. We have highlighted the following crucial information to help you make the right decisions when your professional license is threatened.

Overview of Landscape Architectural Practice

Landscape architecture is an art, practice, and science profession that focuses on designing, planning, caring for, and managing outdoor spaces. To obtain the permit or title needed to offer services in this field, you should hold a permit from the Landscape Architects Technical Committee (LATC). You must demonstrate the following for you to obtain the permit:

  • Competence through excellent performance in national examination
  • Proof of 72 months of architecture education and training

Landscape architectural projects must comply with the relevant laws and meet the environmental measures in place. Therefore, the board tests you in the following areas to corroborate you have the competence and skills to acquire a practicing permit:

  • Practicality studies
  • Design of overall grading, site plan, drainage plans, and watering techniques
  • Preparation, evaluation, and analysis of land utilization and concentration master plans
  • Water resources and land research, selection, and distribution for appropriate use
  • Coinage of rules that control the land construction project designs, written and visual
  • Field administration and inspections of sites where building, maintenance, or repairs are happening

Land Architect Responsibilities

The primary role of an architect in landscaping is to give outdoor spaces an aesthetic appearance that stands out. Landscape architecture combines art, science, practice, and creativity to innovate, design, plan, and care for natural or artificial environments. Despite the excellent job performed by landscape architects, many overlook their responsibilities and appreciate engineers and building architects because of the beautiful structures all over Fresno.

However, these people fail to notice that these business or residential buildings look attractive because of the efforts landscape architects put into planning and designing the construction site to create room for excellent outdoor spaces. Landscape architects plan the beautiful public and private parks you come across while driving around the city. The responsibilities of these experts include:

  • They oversee the planning and invention of multiple constructions, like urban development schemes, road plans, and pedestrian plans.
  • They perform initial research, such as soil analysis, ecology, and contour study of construction sites.
  • They review project sites before work commences to ensure the investor’s needs and expectations are met
  • They run environmental impact assessments before work begins at a site because certain projects could hurt the surroundings. They also take the opinion of individuals who will be affected by the project or are interested in it.
  • They submit project proposals to customers, respond to queries, and adjust the initial design to satisfy their needs. Architects can also incorporate the client’s ideas into the project for the best outcome.
  • They perform regular site visits and cooperate with other experts to streamline the work and deliver the project as expected and on time.
  • They ensure safety standards and that the local government’s Codes are complied with
  • They set the start and end dates for the projects without compromising work quality
  • They are involved in the budget creation for the suggested construction, including the cost of obtaining relevant project permits, fees, and miscellaneous
  • They prepare agreements for the constructions they are supervising
  • They issue tenders to qualified contractors

The term landscape confuses people, confusing them with the roles of landscape architects and designers. The two professions differ as architects are concerned with grading, safety, soil assessment, and landscaping. In contrast, designers focus on design and blueprint. Earning the title of landscape architect requires six education and rigorous training years. Apart from education, you should demonstrate talent and competence.

LATC is the board that tests applicants and issues licenses to qualified candidates. The body ensures that the high standards of the industry are satisfied by all applicants to protect the public who consume the services of landscape architects. The body also sets and enforces rules that control the profession. So, when you engage in misconduct and a complaint is filed against you, LATC can take action, including license cancellation, if the claim against you is substantiated. Considering the time, money, and dedication you have put into securing your title, you must not entertain losing your license or career because of a small mistake.

Partnering with a proficient license lawyer who understands and appreciates your crucial role in society, like the Fresno License attorney, can help you save your license. Our attorneys will conduct an independent investigation, evaluate LATC’s proof against you, and craft viable defenses to prevent harsh disciplinary measures.

LATC Mission and Duties

The California Architects Board is the agency that regulates all architects in the state. LATC is a branch of the board that upholds and maintains high standards in the landscape architecture profession. The specific responsibilities of LATC are to draft regulations and procedures that regulate the profession. Besides, the agency enforces the rules it sets. The entity has the lawful duty to impose disciplinary measures on licensees who engage in the following violations:

  • Fraudulently obtaining landscape architecture license
  • Impersonating a dead licensee or assuming a reputable company’s name
  • Aiding unauthorized practice by hiring unlicensed assistants
  • Failing to participate in continuing education programs
  • Alcohol or substance abuse on the job
  • False advertisement
  • Participating in fraud
  • Being convicted for a violation substantially related to your practice
  • Deliberate negligence or incompetence during an ongoing project
  • Signing work, you did not supervise

Despite the gravity of your allegation, being under investigation by LATC can be nerve-wracking. Some licensees are unaware of how to contest the allegations to save their livelihoods and careers. Unsubstantiated complaints are typically dropped. Nevertheless, when you receive an investigation notice from the board, you should know you have a case to answer. Under these circumstances, you should consult an experienced professional license lawyer for guidance. An attorney can help you respond to the notice and defend you in the administrative proceeding for a fair verdict.

If investigations reveal that you violated LATC’s rules, the disciplinary measures they will impose are:

  • Citations
  • License suspension or revocation
  • Civil injunction

You can no longer practice once you lose your license, meaning you cease to be a landscape architect. Offering your services without a permit could trigger further disciplinary action from LATC. Besides, some violations outside California are referred to the licensing body in the jurisdiction.

A complaint against you does not always mean you will lose your permit. LATC will give you a chance to defend your valuable asset. You should take advantage of the opportunity to hire a proficient attorney to protect your name and career.

License Board Investigations

LATC only investigates complaints in which it reasonably believes the accused violated the standard rules. Depending on the case's complexity, the board’s investigations can run for weeks, months, and even years. Investigations help establish the facts and the most appropriate punishment contingent on the breach. Once investigations conclude, LATC can issue a citation, impose a fine, or lodge a formal allegation against you.

Every decision by the board after investigations is posted on the agency’s website. LATC exists to protect the public, and the best way to do so after an alleged violation is to make the details of the investigation and the decision public. Whatever decision the board takes will be visible to your existing and potential clients, denting your trust and reputation. Many will opt for your competitors instead of your services, even if you do not lose the license, which will hurt your business.

PC 23 gives LATC the authority to appear in court during a criminal proceeding relating to your practice and furnish the court with discovery against you. The standard criminal charges that can cause LATC to appear in your criminal case include controlled drug possession, DUI, professional malpractice, or misconduct that hampers your capacity to provide high-quality, standard services.

With this evidence, the court will grant a petition by LATC requesting temporary license suspension pending the conclusion of investigations. The interim license withdrawal prevents you from offering services until the matter is concluded. Ensure you have an experienced attorney when attending this hearing to counter LATC’s petition and prevent the temporary suspension. An attorney will ensure you continue practicing and not make self-incriminating statements in court that the licensing body could use against you in the administrative proceeding.

Another reason you should lawyer up is because, with legal representation, you can negotiate with the agency to settle the case without the administrative hearing.

Nonetheless, when no settlement is reached, your file will go to the administrative law judge’s (ALJ) desk for the administrative process. If your case reaches this stage, you should prepare for the hiring by having your attorney gather evidence, take witness testimonies, and analyze LATC’s proof against you to craft viable defenses for a favorable verdict.

In the hearing, the ALJ scrutinizes the evidence supporting the accusations and aggravating circumstances. Your attorney then presents mitigating circumstances to show weakness in the proof submitted by the LATC’s attorney. When making recommendations to the licensing agency on the appropriate disciplinary measures, the ALJ considers several aspects of the case, including:

  • The lack of or existence of proof that the accuser or plaintiff suffered financial or physical loss due to your breach
  • Rehabilitative steps made as an architect to fix the circumstances leading to the breach
  • The gravity of the harm stemming from the breach of LATC rules
  • Your accusation’s nature
  • The number of existing complaints against you

Legal Defenses to the Formal Complaint

When LATC formally lodges an accusation against you, you should be aware that your architect license is in jeopardy. You should immediately talk to a professional license attorney and explain your case. Once you hire an attorney, they will read the notice to establish the allegations you face and advise you on the next steps.

Not filing an answer to the notice or filing after the lapse of the provided timeline means you will lose your right to fight the accusations. You will face two distinct proceedings for your violation, so it is crucial to file an answer and have access to the proof against you to prepare your defenses. So, after learning of the investigation, start working with a competent attorney immediately to help you access LATC’s evidence.

A profound attorney will assess every piece of evidence or discovery against you to find weaknesses that will be used to argue the case in your favor or negotiate a settlement. A favorable verdict includes lenient disciplinary measures or case dismissal.

After listening to arguments from both sides, the ALJ deliberates on the matter and makes recommendations to the licensing body, which then decides to adopt or reject the proposal.

Having an attorney in your corner while defending against your complaint is advantageous because even if you risk license revocation, the attorney will present mitigating circumstances to stay the cancellation and secure your license probation. Probation means you will retain your permit and continue practicing under strict conditions for a provided timeline. The option is better than license cancellation or suspension, which prevents you from practicing.

Nevertheless, you ought to know that if the probationary duration is long, it will be challenging to comply with the board’s condition, increasing the risk of a violation and probation cancellation. Luckily, a lawyer who understands the nature of your job will negotiate a shorter probationary term with lenient terms, reducing the risk of violation.

Even if the board rules to cancel or withdraw your license, you should know that all is not lost. You can still appeal the decision with the guidance of your license attorney.

Find a Reliable License Attorney Near Me

Immediately you receive an investigation notice from LATC, you should contact an attorney to evaluate the accusations against you. The attorney will have ample time to review the case, gather evidence, and file a response. Having an attorney early in the case will allow you to start negotiations early and avoid administrative proceedings. At Fresno License Attorney, we know your career depends on your license. Therefore, we will guide you to navigate the complex process and develop solid defenses for complaint dismissal or reasonable disciplinary measures. Contact us at 559-777-7040 to find out how we can help your case.