Code of Massachusetts Regulations
231 CMR - BOARD OF REGISTRATION OF ARCHITECTS
Title 231 CMR 4.00 - Rules Of Professional Conduct
Section 4.05 - Grounds for Disciplinary Action
Current through Register 1531, September 27, 2024
The Board may, by majority vote after a hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00et. seq., take disciplinary action against any architect who holds a certificate of registration issued pursuant to M.G.L. c. 112, §§ 60A through 60O and 231 CMR 3.00. Grounds for such disciplinary action shall include, but shall not be limited to:
(a) Engaging in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of material facts, the provision of false or forged evidence, or bribery in connection with any application for a certificate of registration;
(b) Engaging in cheating on the A.R.E., engaging in any conduct which is prohibited by the rules governing the administration of the A.R.E., or engaging in any conduct which otherwise compromises the integrity or security of all or any portion of the A.R.E.;
(c) Engaging in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of material facts, the pro vision of false or forged evidence, or bribery in connection with his or her practice of architecture or performance of architectural services;
(d) Violating any provision of any state or federal law or regulation relating to the practice of architecture, including but not limited to any provision of M.G.L. c. 112, § 60G or any provision of 231 CMR 4.01 through 231 CMR 4.04;
(e) Engaging in gross misconduct in the practice of his or her profession as an architect;
(f) Practicing with gross incompetence or gross negligence on a particular occasion, or engaging in a pattern of repeated negligent practice;
(g) Knowingly permitting, allowing or aiding or abetting the placement of his or her professional seal or signature on any plans, specifications, drawings or other technical submissions which have not been prepared in accordance with the requirements of 231 CMR 4.01(5);
(h) Practicing while his or her ability to practice is impaired by alcohol, drugs, physical disability or mental illness;
(i) Knowingly permitting, or aiding or abetting, an unlicensed person to perform architectural services which require a license for purposes of fraud, deception or personal gain;
(j) Having been convicted of any criminal offense which reasonably calls into question his or her fitness or ability to practice as an architect; or
(k) Engaging in any conduct which results in suspension, revocation or other loss of his or her NCARB registration.
For purposes of 231 CMR 4.05, the term "disciplinary action" shall include, but shall not be limited to: denial, revocation or suspension of a certificate of registration; refusal to renew a certificate of registration; issuance of a letter of censure; issuance of a formal written reprimand; or placement of a registered architect on probation.
