PROFESSIONS, VOCATIONS, AND BUSINESSES
54-305. Grounds for discipline -- Judicial review -- Penalties -- Subsequent license. (1) The board may refuse to grant, or may temporarily suspend or otherwise restrict a license to practice architecture in this state for a period not to exceed two (2) years, or may revoke a license, upon any one (1) of the following grounds:
(a) The employment of any fraud or deception in applying for a license or in passing the examination required under this chapter.
(b) The employment of a fraud or deceit in the practice of his profession or procuring any contract in the practice of his profession by fraudulent means.
(c) A display of incompetency or recklessness in the practice of architecture resulting in a detriment to life, health, or public safety.
(d) The conviction, finding of guilt, receipt of a withheld judgment or suspended sentence in this or any other state for a felony or a misdemeanor, which misdemeanor involved a violation of the provisions of this act, a willful violation of state or local building codes, or a violation of other laws relating to public health and safety and which were committed in the course of practicing architecture.
(e) Affixing of his signature to, or impressing his seal upon, any plans, drawings, specifications, or other instruments of service which have not been prepared by him, or under his responsible control, or has permitted his name to be used for the purpose of assisting any person, not a licensed architect, to evade the provisions of this chapter.
(f) Receiving of rebates, commissions, grants of money or other favors in connection with the work, without the knowledge of the party for whom he is working, or having a pecuniary interest in the performance of the contract for the work designed, planned or supervised by him without the knowledge and consent of the owner.
(g) Practicing architecture contrary to the provisions and requirements of this chapter.
(h) Violation of rules of conduct for architects which the board may adopt in accordance with guidelines published by the national council of architectural registration boards.
(i) Practicing architecture without being licensed, in violation of licensing laws of the jurisdiction in which the practice took place.
(2) Before any license shall be revoked or suspended, or the issuance thereof denied under subsection 3 of section 54-302A, Idaho Code, the holder or applicant shall be entitled to at least twenty (20) days' notice in writing of the nature of the charge against him and of the time and place of the hearing before the board for the purpose of hearing and determining such charge. The proceedings shall be governed by the provisions of chapter 52, title 67, Idaho Code. Any revocation or suspension of license shall be certified in writing by the said board and attested to with the official seal of said board affixed thereto; and such revocation or suspension of license shall be filed in the office of the bureau of occupational licenses.
(3) Any person aggrieved by the action of the board is entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
(4) Upon the finding of the existence of grounds for discipline of any person holding a license, seeking a license, or renewing a license under the provisions of this chapter, the board may impose one (1) or more of the following penalties:
(a) Suspension of the offender's license for a term to be determined by the board;
(b) Revocation of the offender's license;
(c) Restriction of the offender's license to prohibit the offender from performing certain acts or from engaging in the practice of architecture in a particular manner for a term to be determined by the board;
(d) Refusal to renew the offender's license;
(e) Placement of the offender on probation and supervision by the board for a period to be determined by the board;
(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000).
(5) Any person whose license has been revoked, suspended or the issuance of which has been denied by said board for cause and the order denying, revoking or suspending the same not having been revoked by a court of competent jurisdiction, may apply for a reissuance, reinstatement or issuance of a license and the board, for reasons it may deem sufficient, may reissue, reinstate or issue the license to such person, provided, however, that it shall not take such action until the expiration of one (1) year after the date of such order.
[54-305, added 1961, ch. 161, sec. 8, p. 232; am. 1974, ch. 13, sec. 29, p. 138; am. 1983, ch. 245, sec. 5, p. 661; am. 1989, ch. 339, sec. 1, p. 857; am. 1991, ch. 30, sec. 10, p. 65; am. 1993, ch. 216, sec. 50, p. 635; am. 2006, ch. 127, sec. 2, p. 365.]
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