As a landscape architect, you are tasked with creating and managing innovative, functional, and beautiful designs for outdoor spaces. Consequently, you are subject to professional responsibility and a code of ethics, including disciplinary and strict licensing processes. You could face disciplinary proceedings if anyone files a complaint of misconduct like incompetence, gross negligence, fraud, alcohol or substance abuse, or criminal conviction against you. An accusation against you is an adversarial situation. After years of hard work and commitment, losing your license would be a frustrating setback to your career and reputation. If you are facing an investigation, act proactively to resolve the matter and hire a competent lawyer. San Diego License Attorney can put years of expertise and knowledge to work for you. We can review your allegation and develop a defense that includes dismissal of the case. We can also handle all your communications to avoid instances of self-incrimination.

Roles and Responsibilities of a Landscape Architect

A landscape architect manages and designs outdoor areas. For instance, you decide whether new trees, playgrounds, and pathways will be in a park. You should also choose the right materials for outdoor spaces based on climate, ecology, and intended purpose. Finally, you are responsible for assessing land conditions like water drainage and soil quality and adjusting your plan accordingly.

A landscape architect designs spaces like private lawns, school grounds, new neighborhoods, and public gardens.

Most landscape architects work for engineering and architectural firms. Some architects are employed, while others are self-employed. As a professional, your work environment varies primarily depending on your employer, and time is divided between the job site and the office.

  • In office — You design plans, develop models to ensure the designs work, and prepare the project’s cost estimates. Typically, you present the plans to your clients and workers building the outdoor space like a garden and park.
  • In the field — During a project’s planning phase, you will visit the site to observe and gather essential details for the design process. In the implementation stage, you assist in managing space construction.

To become a landscape architect, you need a bachelor’s degree in landscape architecture or a related field. After completing school, you should acquire a state-issued license by passing the Landscape Architect Registration Examination and obtaining work experience under a certified landscape architect.

The Mandate of  Landscape Architects Technical Committee

The California legislature created the Landscape Architects Technical Committee under the purview of the California Architects Board to safeguard the public's well-being, health, and safety. The LATC is an entity within the Department of Consumer Affairs. The agency achieves this by establishing licensure standards and enforcing laws and regulations that govern landscape architecture practice within the state.

Anyone, including your clients and colleagues, can file a complaint against you. The LATC reviews all complaints, and if the complaint has proven grounds for disciplinary action, it is sent to the Division of Investigation. If the investigations verify the misconduct, the case is submitted to the office of the Attorney General to decide whether there is enough evidence to seek disciplinary action against you, the licensee. The board prepares and sends you an accusation if there is sufficient proof. The board also allows you to request an administrative hearing to fight the allegations against you.

Sometimes, your professional licensing board can suspend a license on an emergency basis if it believes that your continued practice could result in imminent threats to the public. In standard license suspension cases, you have rights like a notice of the accusation against you and an administrative hearing before the board imposes the disciplinary measure. Nevertheless, the board will suspend your license in emergencies before issuing you a notice and scheduling an immediate hearing.

Some of the acts that attract disciplinary action include the following:

  • Obtaining your professional license by fraud or misrepresentation
  • Engaging in fraud
  • Impersonating an assumed name or a corporate
  • Drug or alcohol abuse or addiction while on duty
  • Incompetence, deliberate misconduct, or negligence when working
  • Allowing uncertified assistants to work under you
  • Aiding and abetting unauthorized or illegal practice
  • Being convicted of a crime associated with your professional qualifications or responsibilities
  • Stamping or signing a task you did not establish or oversee

After filing the accusation, the board can resolve the case using a stipulated settlement. A stipulation is an agreement between you and your licensing board when you agree to the agency’s imposed disciplinary order.

If you cannot agree, the board will schedule a hearing before an administrative law judge. During the hearing, the judge will hear the LATC evidence against you alongside the aggravating factors. The defense lawyer will highlight mitigating evidence to cast doubt and gaps in the board’s arguments and statements against you. Finally, the judge will make a decision based on the factors below:

  • Whether your conduct resulted in physical or financial harm
  • The extent of damage resulting from the breach
  • How much time has elapsed since your previous violation
  • The assortment and number of your accusations
  • Whether you have taken corrective or rehabilitative measures to resolve the issue due to your breach

After the administrative hearing, the ALJ will decide and submit it to the LATC for adoption. If the board fails to adopt the recommended decision, it will obtain and review a transcript of your hearing before deciding based on its administrative record.

Typical disciplinary measures the LATC imposes are as follows:

  • Reprimand is the lowest form of disciplinary measure that LATC can impose. It is an order outlining that the board has rebuked you. It comes with conditions like working under supervision or completing education.
  • Probation — This disciplinary action can last years and has terms the licensee must obey. These terms include reporting to LATC frequently, work hour limitations, random drug testing, and supervision. After completing your probation, you should submit a request to the license board.
  • Suspension — In this case, you cannot practice during your suspension duration. To end the suspension, you should apply and persuade the agency to lift your suspension. The agency has the discretion of whether to end it and when, irrespective of the duration for which the suspension period was previously imposed. Sometimes, the board can place the licensee on probation after completing the suspension duration.
  • Revocation — It is the most severe disciplinary measure. You should surrender your license and cannot practice. Fortunately, you can apply for license reinstatement after the revocation.

If you are unhappy with the decision, you can file a reconsideration petition or a writ of mandate in the Superior Court to challenge the decision.

Please note that your accusations and disciplinary actions are public records; anyone visiting the LATC website can access them.

Typically, the disciplinary process takes a year or two to conclude.

Even after LATC has revoked your license, you can submit or file a petition for reinstatement after a duration has passed. License reinstatement is conditioned on establishing good conduct during your probationary period and engaging in rehabilitation. If the board denies your reinstatement, you can request a hearing before the ALJ to demonstrate your good character.

What to Do After Receiving a Formal Accusation

The steps you take after receiving the accusation make a difference in your case outcome. Practical steps to take include the following:

Responding to the Complaint Promptly

After receiving a complaint, fear and stress can cause you to ignore it. You can also assume the allegation is baseless or minor and does not require your response. Nevertheless, a complaint is a serious issue that needs immediate response, irrespective of whether you believe it has merit.

After receiving the formal accusation, you should file a Notice of Defense immediately. Otherwise, you will lose the entitlement to defend the allegations.

The longer you wait to respond, the fewer options you will have to build strong case defenses. LATC will do nothing to assist you, so you should be proactive. When you ignore the allegation, you risk missing essential deadlines or foregoing specific legal defenses. If you fail to respond, the board could revoke your landscape architect professional license, and attempting to reinstate it can be challenging.

Writing an immediate and assertive response to the complaint could have a vital impact on the actions the LATC takes next. A thoughtful, thorough, and prompt response can cause your licensing agency to dismiss your accusation. If you hire a lawyer early, they can assist you in developing a response that increases your chances of reaching the most favorable case outcome.

Avoid Discussing Your Case with Others

When you talk with a seasoned professional license defense lawyer, you benefit from attorney-client privilege. The law requires the legal counsel to keep whatever you tell them private.

Nonetheless, your colleagues, clients, relatives, and friends are not subject to these confidentiality regulations. While you might want to talk about your accusation with your loved ones, you should refrain from acting so. The LATC can call these people and request them to offer details about the case. Even your witnesses could reveal details that negatively impact the case.

You should also avoid contacting the LATC’s investigators. While you might want to tell your story, you might accidentally reveal details that might worsen the matter. Consider consulting your attorney before speaking with any board’s representative.

Finally, avoid contacting the complainant, hoping to resolve the matter informally. LATC could perceive the conduct as trying to convince the complainant to withdraw their complaint or even bribe them and impose further sanctions.

Maintain a Low Profile

Stress stemming from a disciplinary action can cause you to act differently and draw attention to yourself.

Do not post your challenges on social media, attack the complaint publicly, whether by speaking with others or on social media platforms, and avoid criticizing LATC. 

Misbehaving in public, indulging in drugs or alcohol, or partying will not assist your case. Anyone who sees you misbehaving can call the agency and report you, affecting the image you want to portray to LATC.

Avoid social meetings and spaces that could make it look like you are taking the allegations lightly. Instead, limit yourself to home or work and focus on building a robust case defense. Your lawyer can develop a compelling case strategy and assist you in resolving the matter fast.

Mistakes to Avoid When Appealing the LATC Decision

Discussed below are common errors most people facing disciplinary processes make.

Failing to Object to Procedures Your Licensing Board Uses

The judge should conduct your hearing impartially and fairly. As a licensee, you should challenge the hearing’s procedural fairness. You should not keep quiet in the hearing and wait for the board’s hearing. You should challenge the fairness based on procedural errors. Your defense lawyer can help you assert timely objections to procedures that break your due process.

Failing to File Pre-Hearing Motions

You are entitled to file or object to a motion made before your disciplinary hearing. A well-written motion creates a chance for settlement before the administrative hearing. If the board denies the motion, the issues you raise can be preserved in the records.

Failing to Raise Arguments or Defenses During Your Hearing

The California Supreme Court or California District Court of Appeal will not analyze issues wrongly raised or preserved for appeal during your administrative hearing.

To preserve issues for review, you should present to the LATC a request highlighting grounds in your favor.

Although the law requiring you to object might seem overwhelming, it ensures the integrity and efficiency of the appeal process. It permits your licensing board to rectify any mistakes brought to its attention, preventing unessential appellate analysis.

Find Competent Legal Assistance Near Me

Your landscape architect professional license represents many years of dedication and hard work and is the foundation of your career. You were dedicated to perfecting your job performance and skills to offer your clients exemplary services. Anyone filing a complaint against you can question your integrity, adversely affecting your career, job, and reputation. When that occurs, you require skilled legal representation. At San Diego License Attorney, we can review the complaint against you, investigate the allegations, draft and file a response to the accusation, analyze documentation from the AG’s office, and appear and defend you before the licensing board. Please contact us at 858-665-2455 to book your initial consultation.