Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part I - Architects
Chapter 19 - Rules of Conduct: Violations
Section I-1907 - General Disciplinary Guidelines

Violation

Provision

Discipline

Failure to stamp or seal plans

R.S. 37:152.A provides that all contract drawings and specifications issued by the architect for use in this state shall be stamped or sealed.

$500 fine and private reprimand.

Fraud, deceit, dishonesty, misrepresentation, misconduct

R.S. 37:153.A.1 authorizes the board to discipline any registrant or certificate holder found to have committed an act of fraud, deceit, gross incompetence, dishonesty, misrepresentation, misconduct or gross negligence in the practice of architecture. R.S. 37:153.A.5 authorizes the board to discipline any registrant or certificate holder found to have committed an act of willfully misleading or defrauding any person employing him as an architect. R.S. 37:153.A.7 authorizes the board to discipline any registrant or certificate holder found to have committed any fraud, deceit, material misstatement, or perjury in applying for a certificate of licensure or registration or in taking any examination or in applying for any renewal certificate.

$3,000 fine, revocation, and public reprimand for fraud, deceit, dishonesty or intentional misrepresentation; $1,500 fine, suspension, and public reprimand for negligent misrepresentation and misconduct.

Gross incompetence, gross negligence

R.S. 37:153.A.1 is discussed supra.

$3,000 fine, suspension for no less than one year, and public reprimand.

Incompetence as defined in Rule § 1901. A

Rule §1901. A provides that, in practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by architects in good standing, practicing in the same locality.

$1,500 fine, probation for one (1) year, and public reprimand.

"Plan stamping"

R.S. 37:152.B provides that no architect shall affix his seal or stamp or permit it to be affixed to any specification, drawing, or other related document which was not prepared either by him or under his responsible supervision. R.S. 37:153.A.2 authorizes the board to discipline any registrant or certificate holder found to have committed an act of affixing his seal or stamp or name to any specification, drawing, or other related document which was not prepared by him or under his responsible supervision and control, or permitting his seal, stamp, or name to be affixed to any such document. Rule §1305 interprets R.S. 37:152.B.

$3,000 fine, probation and/or suspension for one (1) year, and public reprimand.

Removal of an architect's seal or stamp

R.S. 37:152.A prohibits the removal of an architect's seal or stamp.

$3,000 fine, suspension for one (1) year, and public reprimand.

Using the certificate or seal of another

R.S. 37:154.A prohibits any person from presenting or attempting to use as his own the certificate of registration or the seal of another.

$1,000 fine for individual/$3,000 fine for firm, suspension for one (1) year, and public reprimand.

Use of another architect's plans without written approval

R.S. 37:152.A prohibits the use of an architect's plans, unless otherwise provided by law or by written approval of the architect.

$1,500 fine and public reprimand.

Impersonating another registrant

R.S. 37:154.A prohibits any person from falsely impersonating any other registrant or certificate holder of like or different name.

$1,000 fine for individual/$3,000 fine for firm, suspension for one (1) year, and public reprimand.

Practice on suspended license

R.S. 37:152.B provides that no architect shall use his seal or stamp or do any other act as an architect unless he is at the time duly registered. R.S. 37:153.A.3 authorizes the board to discipline any registrant or certificate holder found to have used his seal or stamp or engaged in any other act constituting the practice of architecture at a time when his certificate of registration is suspended.

$3,000 fine, revocation, and public reprimand.

Practice on revoked license in violation of R.S. 37:152.B

R.S. 37:152.B provides that no architect shall use his seal or stamp or do any other act as an architect unless he is at the time duly registered.

$3,000 fine, revocation, and public reprimand.

Practice on revoked license in violation of R.S. 37:154.A

R.S. 37:154.A prohibits the use of an expired or revoked certificate of registration.

$1,000 fine for individual/ $3,000 fine for firm, revocation, and public reprimand.

Individual practice without obtaining proper licensure

R.S. 37:152.B provides that no architect shall use his seal or stamp or do any other act as an architect unless he is at the time duly registered.

$1,500 fine and public reprimand.

Firm practice without obtaining proper licensure

R.S. 37:154.A prohibits any person (corporation, company, partnership, firm, business entity, or individual) from practicing or offering to practice architecture in this state without being certified in accordance with the provisions of the licensing law.

$1,500 fine and public reprimand.

Individual or firm practice with an expired license

R.S. 37:152.B provides that no architect shall use his seal or stamp or do any other act as an architect unless he is at the time duly registered. R.S. 37:153.A.3 prohibits practicing architecture at a time when current renewal has not been obtained in accordance with the law.

Fine is based on length of time of such practice: three (3) months to six (6) months - $500 fine; six (6) months to twelve (12) months or fraction thereof- $1,000 fine; after one (1) year or fraction thereof, $1,000 fine per year. Public reprimand.

Felony conviction, conviction of crime or pleading guilty or nolo contendere

R.S. 37:153.A.4 authorizes the board to discipline any registrant or certificate holder convicted of a felony. R.S. 37:153A.8 authorizes the board to discipline any registrant or certificate holder convicted of any crime or entering a plea of guilty or nolo contendere to any criminal charge an element of which is fraud or which arises out of such individual's practice of architecture.

$3,000 fine, revocation, and public reprimand.

Licensee disciplined or refused certification or renewal by another jurisdiction

R.S. 37:153.A.9 authorizes the board to discipline any registrant or certificate holder upon refusal of the licensing authority of another state, territory, or district to issue or renew a license, permit, or certificate to practice architecture, or the revocation or suspension or other restriction imposed on a license, permit, or certificate issued by such licensing authority on grounds other than non-payment of a registration fee.

Compliance with discipline imposed by other jurisdiction.

Providing false testimony before board

R.S. 37:153.A.10 authorizes the board to discipline any registrant or certificate holder who provides false testimony before the board.

$3,000 fine, revocation, and public reprimand.

Giving false or forged evidence to the board in obtaining a certificate of registration

R.S. 37:154.A prohibits the giving of false or forged evidence of any kind to the board, or to any member thereof, in obtaining a certificate of registration.

$3,000 fine, revocation, and public reprimand.

Failing to provide requested information

R.S. 37:153.A.11 authorizes the board to discipline any registrant or certificate holder who fails to provide, within thirty calendar days of mailing the notice by certified mail, information requested by the executive director as a result of a formal complaint to the board alleging a violation of the licensing law.

$1,000 fine and suspension until requested information is provided. Public reprimand.

False or misleading advertising or solicitation

R.S. 37:153.A.12 authorizes the board to discipline any registrant or certificate holder found to have used any advertising or solicitation which is false or misleading.

$500 fine per violation and public reprimand.

Use of misleading or confusing name

Rule §1501 prohibits the use of an assumed, fictitious or corporate name that is misleading as to the identity, responsibility, or status of those practicing thereunder or is otherwise false, fraudulent, misleading, or confusing.

For failing to respond within thirty (30) days after formal notice, $500 fine.

Knowingly designing a project in violation of laws or regulations

Rule §1901. A.2 prohibits an architect from knowingly designing a project in violation of applicable state and municipal building laws and regulations.

$3,000 fine, revocation, and public reprimand.

Providing services when not qualified to do so

Rule §1901. A.3 provides that an architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved.

$2,000 fine and public reprimand.

Providing services when competence is impaired by physical or mental disabilities

Rule §1901. A.4 provides that no person shall be permitted to practice architecture if, in the board's judgment, such person's professional competence is substantially impaired by physical or mental disabilities.

Suspension until competence proved, followed by probation.

Accepting compensation from more than one party without full disclosure and agreement, or from suppliers

Rule §1901. B.1 provides that an architect shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties. Rule §1901. B.3 provides that an architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their projects.

$1,500 fine and public reprimand.

Failing to render decisions impartially

Rule §1901. B.4 provides that, when acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract. R.S. 37:153.A.6 authorizes the board to discipline any registrant or certificate holder found to have violated any lawful rule.

$500 fine and public reprimand.

Practicing without full disclosure as defined in Rules § 1901. B.2 or § 1901. C

Rule §1901. B.2 provides that, if an architect has any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with the performance of professional services, the architect shall fully disclose in writing to his or her client or employer the nature of the business association or financial interest. Rule §1901. C requires full disclosure by the architect under various circumstances.

$1,500 fine and public reprimand.

Knowingly violating any state or federal criminal law

Rule §1901. D prohibits an architect from knowingly violating any state or federal criminal law.

$3,000 fine, revocation, and public reprimand.

Making improper payment or gift

Rule §1901. D.2 provides that an architect shall neither offer nor make any payment or gift to a government official with the intent of influencing the official's judgment in connection with a perspective or existing project in which the architect is interested.

$500 fine and private reprimand.

Aiding unlicensed practice

Rule §1901. C.6 provides that an architect shall not assist the application or registration of a person known by the architect to be unqualified in respect to education, training, experience, or character.

$1,500 fine and public reprimand.

Failing to report

Rule §1901. C.7 provides that an architect possessing knowledge of a violation of the rules by another architect shall report such knowledge to the board.

$500 fine and private reprimand.