Current through Reg. 49, No. 38; September 20, 2024
(a) If suspension
of a person's registration is the appropriate sanction for a violation of a
statutory provision or rule enforced by the Board, the Board and the
administrative law judge shall apply the following guidelines to determine
whether the suspension will be active or probated:
(1) The Board and the administrative law
judge shall impose an active suspension upon a finding that the respondent:
(A) violated a statutory provision or rule
enforced by the Board that demonstrated gross negligence or recklessness, or
the conduct posed a serious threat to the health or safety of the
public;
(B) violated a statutory
provision or rule enforced by the Board which caused economic damage to
property in excess of $1,000;
(C)
committed a violation of a statutory provision or rule enforced by the Board
while the respondent's registration was on probated suspension;
(D) has a sanction history including at least
two findings by the Board that the respondent engaged in conduct for which the
respondent's registration could have been suspended or revoked pursuant to
§ 1.232; or
(E) would likely
engage in the practice of Architecture in a manner that does not comply with a
standard or practice normally followed by a reasonably prudent Architect under
the same or similar circumstances.
(2) In any case in which active suspension is
not warranted, the suspension imposed by the Board shall be probated.
(b) A person whose registration is
under active suspension may not engage in the Practice of Architecture. A
person whose registration is under active suspension may not Supervise and
Control or have Responsible Charge over the Practice of Architecture by
another.
(c) The Board may impose
any of the following terms and conditions upon the practice of a person whose
registration is subject to a probated suspension:
(1) monitoring of practice, including
mandatory submission of information to the Board and random and unannounced
visits by personnel of the Board to investigate compliance with the terms of
the probated suspension;
(2)
directed continuing education on applicable subjects, including ethics
training, in excess of the continuing education requirements applicable to all
Registrants;
(3) limitations on
scope of practice;
(4) mandatory
Supervision and Control of practice by another registered Architect;
and
(5) successful completion of a
rehabilitation program pursuant to § 1.150.
(d) If a person violates the terms of a
probated suspension of registration, the Board may:
(1) prolong the period of probated
suspension;
(2) impose an active
suspension of registration; or
(3)
impose additional terms and conditions upon the probated suspension.
(e) If a person engages in the
Practice of Architecture while the person's registration is subject to an
active suspension, the Board may impose any or all of the following:
(1) issue an order restraining any further
practice by the person;
(2) impose
an administrative penalty;
(3)
impose an additional period of suspension; or
(4) revoke the person's certificate of
registration.
(f) In
addition to fulfilling the terms and conditions of a probated or active
suspension of registration, a person must fulfill the requirements of §
1.178 in order to obtain reinstatement of the person's suspended certificate of
registration.
