The Texas Board of Architectural Examiners (TBAE) licenses and regulates architects, registered interior designers, and landscape architects throughout Texas. As a result, all complaints against architects and related professionals go to TBAE for investigation. The Board also files formal disciplinary charges when warranted, handles contested proceedings, and works to resolve these disciplinary proceedings. As disciplinary proceedings can result in severe sanctions, you should not hesitate to contact an experienced architect license defense lawyer for assistance if you are facing this situation.
Architects facing disciplinary cases before the TBAE may face various sanctions depending on the severity of the alleged violation(s). Sanctions can range from warnings for minor violations to revoking an architect’s license for the most serious ones.
Warnings
After investigating a disciplinary complaint, if TBAE staff finds probable cause for a violation, the Executive Director may opt to issue a warning under 22 Tex. Admin. Code §1.174(j) in certain circumstances, as follows:
- the violation is the Respondent’s only violation of TBAE laws and rules;
- the Respondent has not previously been subject to a warning or order;
- the Respondent has provided a satisfactory remedy that has eliminated any harm or threat to the health or safety of the public; and
- the Respondent has committed one of the following violations:
- failure to provide or timely provide plans and specifications to TDLR under the requirements of Tex. Govt. Code Chap. 469 (Elimination of Architectural Barriers);
- unauthorized use of term “architect” or “architecture”;
- failure to respond to a TBAE inquiry;
- failure to provide a statement of jurisdiction;
- use of a non-compliant seal by the registrant;
- failure to register or annually renew the registration of a business; or
- creation of misleading impressions by an architect advertising for services.
Administrative Penalties
22 Tex. Admin. Code §1.177 sets forth an administrative penalty schedule that applies in disciplinary proceedings before the TBAE. This schedule classifies common violations of the laws and rules that govern architects as minor, moderate, or major. The classification of a violation determines the range of administrative penalty that applies to that violation, as follows:
- Minor violations – no more than $1,000
- Moderate violations – no more than $3,000
- Major violations – no more than $5,000
In determining the specific amount of the administrative penalty that an individual should receive for a violation within the minor, moderate, or major ranges, the TBAE may consider the following factors under 22 Tex. Admin. Code §1.141:
- 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 respondent’s history concerning previous grounds for sanction;
- the sanction necessary to deter future misconduct;
- efforts to correct the misconduct; and
- any other matter justice may require.
Furthermore, under 22 Tex. Admin. Code §1.165, TBAE may consider the following factors in addition to or instead of the above factors:
- the nature, circumstances, extent, and gravity of any relevant act or omission;
- the hazard or potential hazard to the health, safety or welfare of the public;
- the economic harm resulting from the conduct;
- the respondent’s history concerning any previous ground for sanction;
- the severity of penalty necessary to effectuate specific and general deterrence;
- any effort by the respondent to take prompt remedial action;
- the economic benefit gained by the respondent as a result of the conduct;
- any other matter justice may require.
Other Disciplinary Sanctions
22 Tex. Admin. Code §1.232(j) contains a penalty matrix for the TBAE and administrative law judges in contested disciplinary cases to determine the recommended sanctions for certain violations of the rules or laws that govern architects. Although the TBAE or the judge must refer to this penalty matrix, the ultimate penalty assessed may vary from that recommended on the matrix “if justified by the circumstances of the matter or the disciplinary history of the respondent.” Furthermore, if the licensee has previous disciplinary history, the TBAE or judge may impose a more severe penalty.
Potential sanctions for violations of laws or rules may include one or more of the following:
- Administrative penalties
- Suspension of registrations
- Revocation of registrations
- Prohibition on reapplication for registrations for a set period
- Probationary initial registration periods
Furthermore, refusing to renew the licensee’s registration certificate is also an appropriate sanction for violations in which registration revocation is recommended as a remedy.
Suspension of Registration
If the appropriate sanction for a violation is the suspension of a license, then the TBAE and the administrative law judge in a contested case shall apply certain guidelines under 22 Tex. Admin. Code §1.234 to determine whether the suspension should be active or probated.
An active suspension is appropriate if the Respondent:
- violated a statutory provision or rule enforced by the TBAE that demonstrated gross negligence or recklessness, or the conduct posed a serious threat to the health or safety of the public;
- violated a statutory provision or rule enforced by the TBAE which caused economic damage to property in excess of $1,000;
- committed a violation of a statutory provision or rule enforced by the TBAE while the respondent’s registration was on probated suspension;
- has a sanction history including at least two findings by the TBAE that the respondent engaged in conduct for which the respondent’s registration could have been suspended or revoked under §1232; or
- 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.
If an active suspension is unwarranted, then the suspension shall be probated. The TBAE may impose any of the following conditions on a Respondent whose suspension has been probated:
- monitoring of practice, including mandatory submission of information to the Board and random and unannounced visits by personnel of the TBAE to investigate compliance with the terms of the probated suspension;
- directed continuing education on applicable subjects, including ethics training, in excess of the continuing education requirements applicable to all certificate holders;
- limitations on scope of practice;
- mandatory Supervision and Control of practice by another registered Architect; and
- successful completion of a rehabilitation program pursuant to §1.150.
Failure to observe the conditions placed on a probated suspension could result in a prolonged period of probated suspension, imposition of an active suspension, or imposition of additional terms and conditions on the probated suspension.
Contact Bertolino LLP Today for Legal Assistance
Do not hesitate to get legal assistance if facing potential disciplinary action against your architect’s license. Retaining the services of legal counsel from the beginning of any disciplinary proceedings before TBAE can be crucial to a more favorable resolution of your case. Contact a Texas architect license defense attorney immediately for help with your disciplinary proceedings today.
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