A professional career in landscape architecture is highly rewarding and fulfilling. However, this profession relies heavily on public trust because you have a duty to design and beautify outdoor spaces, both public and private. You are also expected to ensure these spaces are secure for everyone. Any client complaint could put your career under scrutiny by the licensing board. The board will investigate you thoroughly or impose disciplinary measures depending on the allegations against you. Losing your license can significantly affect your profession, income, and livelihood. Consult an experienced license attorney if you are facing a formal accusation against your license.
At Riverside License Attorney, we understand how overwhelming it can be to face claims that can impact a profession that you have taken years to build. We will fight to secure your license and ensure we secure the best possible case outcome.
Understanding Architectural Practice
Landscape architecture is a design profession that involves planning, design, stewardship, and land management. You must secure a license from the Landscape Architects Technical Committee (LATC) before you provide services as a professional landscape architect. It is also mandatory for you to meet the set requirements to prove your competence. This includes:
- Having a good grade or score in your national examination results
- Presenting evidence of your education and relevant training in architecture
The following are the areas you can be tested on when applying for the license:
- Field supervision and inspection of the site where construction, restoration, and maintenance are to happen
- Developing overall site plans, drainage plans, grading, and watering methods
- Preparation, assessment, and review of master plans for land use and construction
- The intervention of both written and visual standards to govern the design of land construction projects
- Practicality studies
- Assortment, research, and distribution of land and water resources for proper use
The main duties of landscape architectural professionals are to make outdoor spaces aesthetically appealing. Most people do not appreciate the work of a landscape architect. They only acknowledge the work of engineers and general architects for the beautiful buildings. Landscape architects are the brains behind the well-arranged residential and commercial buildings. They are also good at creating charming public parks and gardens.
Landscape architects supervise the planning of most projects, such as pedestrian, road, and urban redevelopment schemes. They also conduct initial site studies for the project site. These professionals conduct soil analysis and study contours, roads, ecology, and heritage before projects start. They assess the site before a project begins to determine whether it meets the investor’s requirements.
Landscape architects conduct environmental impact evaluations because some projects can have negative environmental impacts. They take into account the views of all individuals with an interest in the project. These experts give proposals to clients, make necessary changes to plans, and answer any questions. If a client has an idea of what he/she wants, a landscape architect will try to match the client’s needs with what will work best for the project.
Landscape architects conduct regular site visits and collaborate with other experts on the project to ensure it is completed within a designated timeframe. They also take into account the project’s safety, adhere to local authorities’ guidelines, and consider landscaping. These experts also choose crucial dates when the project is to begin and be completed. They also participate in budget preparation for the project, including costs of licenses and other contingencies.
Additionally, landscape architects prepare contracts for the projects they supervise and issue tenders to various contractors. However, most people confuse landscape designers with landscape architects. These two professions differ significantly. A landscape designer deals with design and blueprints, while a landscape architect deals with landscaping, safety, grading, and soil analysis.
Qualifying as a landscape architect is demanding. It will take years of education and training. Talent and hard work are also part of the journey to this profession. Hefty fees and a rigorous licensure process are also part of the issuance of the professional license.
The final product of a landscape architecture project must be legally and environmentally compliant, as well as aesthetically pleasing. This is the reason why the committee requires you to prove competence and meet certain requirements to secure a practicing license.
Unfortunately, you can lose all this because of a single mistake. LATC is charged with protecting public safety and ensuring that landscape architects uphold the profession’s high standards. The committee can also take disciplinary measures against you. This could include revoking or suspending your license if you fail to observe the set standards.
The Core Objective Of LATC
LATC is a subdivision of the California Architects Board, mandated to protect public safety and ensure high standards in landscape architecture. It focuses on establishing regulations and guidelines that govern the industry. LATC also enforces the established rules. It is among the entities of the Department of Consumer Affairs, which regulates professionals and protects consumers from their services.
According to Article 5 of the Landscape Architects Practice Act, the committee has a duty to punish professionals for the following crimes:
- Being under a licensing board investigation in another state that is not California, or being in another California professional agency
- Being convicted of an offense related to your duties or qualifications in this profession
- Stamping or signing work that you did not establish or oversee
- Drug or alcohol addiction or abuse while at work
- Incompetence, intentional misconduct, or negligence while working
- Engaging in fraudulent activities
- Aiding and abetting unauthorized or illegal practice, or allowing unlicensed people to work under you
- Securing a license by misrepresentation or fraud
You will face any of the following penalties if you are accused of engaging in any of the above crimes:
- Citations
- Civil injunction
- License suspension, and
- Professional license revocation
The committee will also investigate you if it receives complaints that you are practicing without a license. LATC will refer the complaint to another board or agency where allegations involve an issue outside its jurisdiction.
Whenever the committee receives reports of violations linking one of its members, it will send your accuser instructions on how to file a case against you. The claimant must provide enough evidence when filing these forms. There must be evidence of the crime you have committed. The letter must include a description that substantiates the violation if the claim is made in a letter. LATC will send you the Notice of Investigation if it believes it has substantial evidence to warrant an investigation.
The possibility of your license being suspended is high if LATC decides to investigate you. Often, uncorroborated allegations are dropped, while others are dismissed for lack of substantial evidence. You should file a Notice of Defense whenever you receive a Notice of Investigation. This will help prevent serious investigations from going too far, which can make you waste time and resources in developing a defense. Additionally, failing to act immediately can result in the revocation of your license.
Consult an experienced license defense attorney immediately when you receive an investigation notice. An attorney will help protect your career and reputation.
Penal Code 23
According to Penal Code 23, LATC can choose, on its consensus, to attend the court and provide evidence against you after a criminal allegation. This law helps the judge to order LATC or any other licensing agency to attend court for the purposes of recommending the following:
- A revocation
- Disciplinary action, or
- suspension
You should hire a competent license defense attorney for this hearing. An attorney can help you avoid the repercussions of losing the trial.
Investigations By The Licensing Board
The investigation process can take months or years once allegations have been filed against you. This will only happen if LATC establishes that you breached the professional conduct standards. Once the investigations are complete, LATC will determine whether you will face a citation, a formal accusation, or a fine. Your details will be shared online for the public to access whenever LATC takes action. Your current and prospective clients will see the penalties you are facing, and this can significantly taint your reputation. It could also be challenging for you to acquire new clients in the future.
The prosecutor can request an interim suspension order when the investigations are ongoing or a criminal case is filed against you. The purpose of this order is to stop you from practicing until your case is concluded. A good license attorney can convince the court to put a citation or an interim suspension on hold. Your career and livelihood can be significantly affected if you remain inactive for months or years, waiting for LATC to make a decision.
You will receive sound advice if you hire a professional license defense attorney. Your attorney can help you avoid self-incrimination or reach a settlement before your case reaches the administrative hearing. An attorney will play a major role if a formal accusation is filed against you by presenting a strong case that could see the whole process shortened and help you retain your license.
The administrative law judge will hear the LATC evidence regarding the underlying allegations. The judge will also listen to the aggravating factors. Your attorney will also be given a chance to table mitigating evidence to counter the statements and arguments made by the prosecutor against you. The mitigating and aggravating factors tabled will play a major role in deciding the penalties you will face. The following factors will determine the judge’s decision:
- The measures you have taken to rectify the damage caused by your offense
- The number and the assortment of the accusations filed against you
- The time that has passed since your last offense
- The level of damage that resulted from your crime
- Absence or presence of physical or financial injury arising from the breach
Defense For Formal Allegations
Your license will be at risk of suspension or professional discipline if you receive a formal allegation. You should reach out to a license attorney immediately after receiving the notice so that you can file a Notice of Defense. If you hesitate to file the note, you could lose your constitutional right to challenge the accusations.
You will face separate cases for violations of the law related to landscape architecture. The law allows you to access the evidence the prosecutor holds against you once you file the Notice of Defense. Your attorney comes in handy to assess the prosecutor’s evidence against you. This will help the attorney identify weaknesses in the evidence and develop a strong defense against your charges. During the administrative hearing, your attorney will use the defense theories developed to ensure that you keep practicing.
The judge will come up with a verdict after listening to your attorney’s and the prosecutor’s evidence. This ruling will be reviewed and approved by the LATC before finalization. You can seek a stay of revocation instead of the actual revocation or suspension. Probation will also allow you to keep your license and keep practicing under specific conditions. Your attorney can pursue a shorter probation period and more favorable conditions. Additionally, LATC’s decision to suspend your license is not final. The law allows you to appeal the ruling if you act fast.
Appealing The Ruling
The law allows you to petition the LATC to review its decision to revoke or take disciplinary measures against you. You can also do the same if you had applied for the issuance of a landscape architect license and your application was denied. However, you can only do so if you have met all the LATC’s regulations and requirements. You should present a writ of mandamus to utilize the chance to appeal the ruling. It is important to file your appeal within the designated period. Your appeal will be rejected if you do so after the statute of limitations.
Find A Riverside Professional License Defense Attorney Near Me
If you are a landscape architect and have received a notice of board investigation, you should contact a license defense attorney immediately. Do not wait too long or try to handle the board of investigators alone. Contacting an attorney early gives the attorney sufficient time to prepare a solid defense against your charges. If you need a committed license attorney, contact the Riverside License Attorney. Call us at 951-410-8612 to talk to one of our attorneys.
