The Texas Board of Architectural Examiners (TBAE) is the state agency that handles licensing and disciplinary matters for architects. Like all professionals, clients, colleagues, and other third parties can report architects for alleged misconduct. Complaints handled by TBAE may involve any of the rules and laws governing architects.
Even if the complaint has no merit, receiving a complaint from TBAE can be highly stressful. The possibility for significant sanctions that adversely affect your career, including the loss of your license, make the stakes high in disciplinary proceedings.
Fortunately, your Texas architecture license defense attorneys are here to help you devise the best strategy to defend yourself in any disciplinary proceedings that you may face.
Investigations
Under 22 Tex. Admin. Code § 1.174(c), when TBAE receives a complaint about a licensed professional, it performs an initial evaluation within 30 days of receipt, to determine the following:
- Jurisdiction: whether the complaint provides information sufficient to establish probable cause for TBAE staff to believe an actionable violation might have occurred;
- Disciplinary History: whether there has been previous enforcement activity against the licensee; and
- Priority Level: the complaint’s severity relative to other pending enforcement matters.
If a complaint involves matters outside TBAE’s jurisdiction, such as fee or contract disputes, then TBAE will not further investigate or handle it. However, if a complaint involves a matter within TBAE’s jurisdiction, TBAE will investigate.
TBAE will investigate the complaint according to the priority assigned to it. A staff member will advise the architect and the complainant of its jurisdiction over the complaint and its intent to investigate it.
TBAE staff then will gather information and evidence sufficient to determine whether probable cause exists to determine that a violation occurred. This evidence typically includes a response from the architect and documentary evidence requested from the architect in some cases.
Disciplinary Proceedings
A finding of probable caution of a violation by an architect typically will result in TBAE initiating a contested disciplinary case. However, the agency may issue a warning instead of initiating disciplinary action.
TBAE will often attempt to resolve a disciplinary case informally as per 22 Tex. Admin. Code § 1.165. For example, the parties may resolve the matter by reaching a settlement agreement through an informal conference.
If the parties can reach an agreement, TBAE must approve its terms. If TBAE does not approve its terms, then it can suggest and approve alternate terms. If no further agreement is possible, then the case may proceed to a contested hearing.
If a contested hearing is necessary to resolve the disciplinary case, the case is referred to the State Office of Administrative Hearings (SOAH). SOAH appoints an independent administrative law judge (ALJ) to oversee the case and conduct a hearing.
After holding the hearing, at which both parties can present evidence supporting their cases, the ALJ will submit a proposal for decision (PFD) to TBAE for approval, modification, or rejection. Ultimately, TBAE must approve any disposition of the disciplinary case.
Sanctions in Disciplinary Proceedings Before TBAE
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General Licensure Penalties
22 Tex. Admin. Code §1.232 outline the potential sanctions for specific violations of TBAE rules and laws. Such sanctions may include the following:
- Assessment of administrative or monetary penalties
- License suspension
- License revocation
- Prohibition on reapplication for licenses for a set period
- Probationary initial license registration
TBAE and ALJs must consider certain factors in determining the appropriate sanction in a disciplinary case. Under 22 Tex. Admin. Code §1.141, TBAE shall take the following factors into account:
- The seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;
- The economic damage or potential damage to property caused by the misconduct;
- The licensee’s history concerning previous grounds for sanction;
- The sanction necessary to deter future misconduct;
- Any efforts to correct the misconduct; and
- Any other matter justice may require.
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Administrative Penalties
TBAE determines the appropriate administrative penalties for licensee violations under 22 Tex. Admin. Code §1.177. This section classifies a license violation as either a minor, moderate, or major penalty.
This section lists specific violations that qualify for each penalty classification. TBAE will assess administrative penalties for each of these classifications according to the following schedule:
- Minor Violations – No more than $1,000
- Moderate Violations – No more than $3,000
- Major Violations – No more than $5,000
However, a previous violation of laws or rules governing architects may result in TBAE increasing the penalty classification to the next schedule.
Get the Advice You Need About Your Architect License
When you face a disciplinary complaint concerning your architect license, you risk losing your career, your reputation, and your means of financial support. Don’t try to handle such a critical situation on your own.
The architecture license defense lawyers at Bertolino LLP, can look at your circumstances and help you determine the most effective means of protecting your license. Call us today at (512) 980-3751 or get more information about us online.
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