Having a professional license as a landscape architect takes testing, training, education, and hard work. Given the dedication you have put in, you do not want a complaint or allegation against you to threaten your livelihood and career. Whether your client or colleague has filed a complaint against you or you are arrested for committing a crime, you should do what it takes to protect what is at stake, including seeking legal assistance. Once you contact the legal team at Oakland License Attorney, you could increase your chances of obtaining a favorable case outcome. We can discuss your situation, outline the legal options, and answer your questions. 

A Glimpse of the Practice of Landscape Architecture

The law requires every holder of the title of a landscape architect or any individual offering landscape architectural services to be licensed by the Landscape Architects Technical Committee (LATC).

To obtain this professional license, you should demonstrate competence by performing exceptionally in the California Supplemental Exam (CSE), a national exam, and provide proof that you received 6 (six) years of education and training in this field. Important areas you will be tested for can include the following:

  • Preparation and assessment of master plans for land use and construction
  • Research, assortment, and distribution of land and water resources for appropriate use
  • Creation of site plans, watering methods, grading, and drainage plans
  • The invention of visual and written standards to guide the design of construction projects
  • Practicality studies
  • Field inspection and supervision of the site where construction, maintenance, or restoration will occur.

The Important Roles of a Landscape Architect in California

Whether driving past most tree-lined avenues in California, strolling through public gardens and parks, or walking past well-arranged lawns of many commercial and residential properties, you should acknowledge and appreciate the work of a landscape architect and these stunning results.

In other words, landscape architects focus on the following:

  • Compliance with municipal codes
  • Safety
  • Grading and landscaping
  • Aesthetic appeal
  • Soil analysis

Claims That Could Lead to a Lose of Your Landscape Architect License

The Landscape Architects Technical Committee controls landscape architecture by enforcing the Landscape Architects Practice Act for clients and the public’s health, safety, and welfare while protecting the environment. To ensure that all landscape architects adhere to the highest standards of ethical excellence, the board has an established conduct code that every licensee must follow.

Many offenses that could lead to a loss of your license involve violating the board’s ethics code or breaching the consumer’s trust in some form. Examples of these violations include the following:

  • Deceitful or fraudulent practices — Perfect examples could include deceitful advertising, charging for services not offered, offering services without revealing an existing conflict of interest, certifying poor work, or misrepresenting your credentials.
  • Gross negligence or incompetence — You can face disciplinary measures if you make negligent judgments that place people or nature in potential danger due to carelessness or negligence. Gross negligence is a deliberate or reckless disregard for the reasonable treatment or safety of others.
  • Operating beyond what you are licensed to do — Offering services not within the mandate or scope of your license can place your license at risk.
  • Substance abuse — The abuse of substances or alcohol can lead to the board doubting your competency.
  • Sexual harassment or misconduct (Making inappropriate sexual advances overture a client or co-worker)
  • Criminal convictions — Your conviction of certain offenses, mostly crimes involving moral turpitude, could disqualify a licensee from practicing, even if your conviction occurred in a different state.

How the LATC Disciplinary Process Looks Like

The LATC disciplinary process includes the following:

  • The filing of a complaint(s) — Many disciplinary processes start when a person makes formal allegations against you to the professional licensing agency. The complainant can be a customer, a co-worker, or a boss. Furthermore, the judicial system could automatically inform the board of your criminal conviction.
  • Reviewing the allegation — The licensing agency will review the allegations to determine whether they have merit and are within their mandate.
  • Conducting investigation — The licensing agency will investigate whether the accusation has any supporting evidence. The board could assign an investigating official to interview witnesses, request subpoenas for relevant documents, and collect crucial evidence. The professional board might decide to dismiss the matter if the case does not have merit.
  • Consent order — Once the licensing agency’s investigation discovers sufficient proof against you, they may propose a negotiated consent order instead of initiating a formal disciplinary proceeding. A consent order means a conclusive agreement in which the licensee admits liability and submits willingly to the licensing board’s suggested actions. While it might not be what you expected, it could work in your best interest, especially if the negotiated agreement leads to the reinstatement of your license. A proven and experienced professional license defense attorney can negotiate for the most favorable deal.
  • Formal administrative proceedings — If the parties involved fail to reach a binding agreement, an Administrative Law Judge will listen to your case in a formal proceeding. You will be requested to explain why the agency should not implement disciplinary measures against your license. The ALJ will propose disciplinary action to your licensing board.
  • The final resolution — Once the administrative hearing has run its course, the licensing board will render a case resolution regarding whether you are liable. The board will consider the ALJ’s recommendations and can alter, ignore, or adopt the suggestions.

Typical LATC Disciplinary Measures and Penalties

If the board sustains the accusations against your landscape architect license, the potential penalties can include the following:

  • License probation — License probation permits you to keep practicing under specific conditions, like receiving additional training, supervision, etc.
  • A suspension of license — If the board issues a license suspension for a specified period, the suspension could last for some months or years.
  • Revocation of your license — A revocation could lead to a loss of license.
  • Paying fines — The licensing board could order you to pay fines in addition to or in place of other disciplinary action.
  • Practice restrictions — The board can restrict the services you offer or how you operate your business.
  • Further education — The board could instruct you to complete additional training, coursework, or classes.

In most disciplinary proceedings, landscape architects can negotiate for lighter penalties.

Important Defenses in LATC Disciplinary Proceedings

Some of the common defenses during the LATC investigations and hearings can include the following:

  • Challenging the complainant’s credibility — Contesting the integrity of the accuser is a good approach. If the accuser has a known reputation for dishonesty, obvious biases, or has made previous false claims, it could undermine their allegations. Your attorney can provide a thorough background of the complainant to prove they are not credible.
  • No violations happened —In some disciplinary cases, the licensee can prove that the implied wrongdoing never happened. For instance, if a customer alleges that you received their payment without rendering the procured services, you can use documents demonstrating you completed the job to disprove this. Robust documentation, testimonies from others, and character references, among other pieces of evidence, could prove the allegations to be erroneous or exaggerated.
  • Mitigating factors — Your attorneys can explain any problematic circumstances that caused the alleged breaches in-depth, illustrating the context and demonstrating that the situation was not just black-and-white. Personal or family-related illness, staffing challenges, or a misunderstanding could justify a lapse in performance or judgment.
  • Technical mistake — Some allegations are due to honest errors that might stem from technical facets of the land architect job description. While you could admit that an error occurred, you can show it was not intentional and that you have implemented an action to avert a recurrence. Making an admission of guilt while emphasizing your overall competence and track record of providing quality work could mitigate the board’s disciplinary action.

How to Build a Viable Legal Defense

When facing professional discipline, you must take the matter seriously and build the most robust defense possible. Here are practical tips:

  • Respond promptly — Ignoring inquiries from your licensing agency can worsen the situation.
  • Be cooperative — When defending your professional license, you should strive to be professional and courteous.
  • Collect evidence — Compile records, communications, and documents that support your position.
  • Find witnesses — Consider finding former and current colleagues and clients who can be your character references and testify on your behalf.
  • Outline your record — Emphasize your history as an expert.
  • Acknowledge genuine mistakes — Admitting liability and errors shows integrity and accountability.
  • Explore settlements — Sometimes, agreeing to a remedial action can solve the matter.

Having an attorney guide you through these measures and the disciplinary process is paramount. They will craft the most effective defense to lower the severity of the disciplinary action. 

Preparing for the Board’s Investigations

Getting a notification from the California Landscape Architects Technical Committee stating that you are under investigation can be stressful. It could lead to your license being suspended or revoked, severely damaging your source of livelihood and career.

However, there are some crucial steps you can take to prepare for the board’s investigations effectively. They include the following:

Establishing a Serious Approach toward the Board’s Investigations

If the board initiates an investigation against your professional license, you will first receive an official notification relating to the investigation. The notification is a letter from the LATC informing you of a current investigation against you. The notification also outlines the alleged complaint you are facing.

Even though you might not have done anything wrong and are sure there is no potential risk to your professional license, you must implement a serious approach. An extensive, in-depth board investigation could unearth secret details about you.

Consult Your License Defense Attorneys Immediately

Once you receive the board’s notification of investigation, you should consult your attorney on the appropriate defense approach.

A license defense lawyer will assist you at every stage of the investigation. The legal expert will assist you in facing the whole investigation so that you can resume your routine.

They can also help you with the following:

  • Filing responses to the board’s investigations after you receive the formal notification
  • Help you appropriately hand over case records or materials to the licensing board
  • Develop a strong case defense to fight for your license.

Collect Relevant Evidence

Following the start of the board’s investigation, you should compile relevant evidence to support your defense. The board can also request materials, records, interviews, and all related content to assist them in getting a better understanding of what transpired.

In this crucial stage, you should collect and organize case documents that help support your account of events. In many investigations, it is your documents against the complaint’s evidence.

When compiling your documents, avoid throwing away or modifying any crucial records. Even if documentation does not cast you in a good light, it is advisable to have records that show you just made an honest mistake rather than attempt to conceal or destroy documentation of that nature. Concealing or destroying crucial records can be seen as covering up a little mistake with an even bigger one.

Refrain From Discussing Your Case Details Anyone But Your Legal Counsel

Deliberating the board’s investigations with your loved ones, neighbors, friends, co-workers, or employees will worsen things for you. While you could feel like ranting, remember that anything you say can potentially be used to discredit you. A rushed, uncensored remark can turn things against you.

If you decide to discuss your case with anyone, choose your lawyer. Anything you say relating to your case to your lawyer is protected by client-attorney privilege and cannot be utilized by the board against you.

Appealing the Licensing LATC Disciplinary Actions

If your attorney’s efforts to protect your license become unsuccessful, there are still ways to appeal the board’s rulings. Legal grounds for potential appeals include the following:

  • Conflict of interest or bias by the decision-makers involved.
  • Unreasonable, harsh, or disproportionate penalties
  • Violations of your rights or procedural errors during the board’s investigation or proceedings
  • Contrary or inadequate proof to reinforce the LATC findings

The appeal process offers another opportunity to contest the initial outcome of your case. Your attorney can advise you on the success rate of your appeal. A successful appeal can sometimes result in reduced penalties or reversing the initial disciplinary measures.

Find a Competent Professional License Defense Lawyer Near Me

When your livelihood and career are at risk due to a complaint or criminal charge, you should take the matter seriously. Even if you avoid formal charges, once the dust settles, you might find it challenging to secure employment. The good news is that you do not have to face the licensing board alone. At Oakland License Attorney, we understand that professional license defense is complicated, so we can help you take the proper steps to avoid mistakes that could lead to disciplinary action. We can use our knowledge and experience to investigate the allegation and develop practical defenses. Contact us at 341-234-0408 today to schedule your case review.