BUSINESS AND PROFESSIONS CODE
SECTION 5560-5590




5560.  The board may upon its own motion, and shall upon the
verified complaint in writing of any person, investigate the actions
of any architect and may temporarily suspend or permanently revoke,
the license of any architect who is guilty of, or commits one or more
of, the acts or omissions constituting grounds for disciplinary
action under this chapter.



5561.  All accusations against licensees charging the holder of a
license issued under this chapter with the commission of any act
constituting a cause for disciplinary action shall be filed with the
board within five years after the board discovers, or through the use
of reasonable diligence should have discovered, the act or omission
alleged as the ground for disciplinary action, whichever occurs
first, but not more than 10 years after the act or omission alleged
as the ground for disciplinary action.  However, with respect to an
accusation alleging a violation of Section 5579, the accusation may
be filed within three years after the discovery by the board of the
alleged facts constituting the fraud or misrepresentation prohibited
by Section 5579.



5561.5.  The proceedings for the suspension or revocation of
licenses under this article shall be conducted in accordance with the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.



5565.  The decision may:
   (a) Provide for the immediate complete suspension by the holder of
the license of all operations as an architect during the period
fixed by the decision.
   (b) Permit the holder of the license to complete any or all
contracts for the performance of architectural services shown by
evidence taken at the hearing to be then unfinished.
   (c) Impose upon the holder of the license compliance with any
specific conditions as may be just in connection with his or her
operations as an architect disclosed at the hearing, and may further
provide that until those conditions are complied with no application
for restoration of the suspended or revoked license shall be accepted
by the board.
   (d) Assess a fine not in excess of five thousand dollars ($5,000)
against the holder of a license for any of the causes specified in
Section 5577.  A fine may be assessed in lieu of, or in addition to,
a suspension or revocation.  All fines collected pursuant to this
subdivision shall be deposited to the credit of the California
Architects Board Fund.



5570.  In any proceeding for review by a court, the court may, in
its discretion, upon the filing of a proper bond by the holder of the
license in an amount to be fixed by the court, guaranteeing the
compliance by the holder of the license with specific conditions
imposed upon him or her by the board's decision, if any, permit the
holder of the license to continue to practice as an architect pending
entry of judgment by the court in the case.  There shall be no stay
of the board's decision pending an appeal or review of any proceeding
unless the appellant or applicant for review shall file a bond in
all respects conditioned as, and similar to, the bond required to
stay the effect of the board's decision in the first instance.




5571.  A judgment of suspension or cancellation of a certificate by
the superior court shall be subject to appeal or review in accordance
with the provisions of law as to appeal from or review of judgments
of superior courts.
   There shall be no stay of execution or enforcement of the judgment
pending any proceedings on appeal or review unless the appellant or
applicant for review shall file a bond in all respects conditioned
as, and similar to, the bond required to stay the effect of the board'
s decision in the first instance.
   The clerk of the court whose judgment has become final shall,
within 10 days after its entry, transmit, by regular United States
mail, to the executive officer of the board a notice containing
information as to the affirmance, modification, or reversal of the
judgment of the superior court in the matter.



5573.  After suspension of a license upon any of the grounds set
forth in this chapter, the board may reinstate the license upon proof
of compliance by the architect with all provisions of the decision
as to reinstatement or, in the absence of that decision or any
provisions therein as to reinstatement, in the sound discretion of
the board.  A license which has been suspended is subject to
expiration and shall be renewed as provided in this chapter, but that
renewal does not entitle the holder of the license, while the
license remains suspended and until it is reinstated, to practice
architecture, or to engage in any other activity or conduct in
violation of the order or judgment by which the license was
suspended.
   A revoked license is subject to expiration as provided in this
chapter, but it may not be renewed.  If it is reinstated after its
expiration, the holder of the license, as a condition precedent to
its reinstatement, shall pay a reinstatement fee in an amount equal
to the renewal fee in effect on the last regular renewal date before
the date on which it is reinstated, plus the delinquency fee, if any,
accrued at the time of its revocation.



5577.  The conviction of a crime substantially related to the
qualifications,  functions, and duties of an architect by the holder
of a license constitutes a ground for disciplinary action. The record
of conviction, or a certified copy thereof certified by the clerk of
the court or by the judge in whose court the conviction is obtained,
is conclusive evidence of the conviction.
   A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. The board may order the license suspended or revoked,
or may decline to issue a license, when the time for appeal has
elapsed, the judgment of conviction has been affirmed on appeal, or
an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code allowing the person to withdraw his
or her plea of guilty and to enter a plea of not guilty, or setting
aside the verdict of guilty, or dismissing the accusation,
information, or indictment.



5578.  The fact that the holder of a license is practicing in
violation of the provisions of this chapter constitutes a ground for
disciplinary action.


5579.  The fact that the holder of a license has obtained the
license by fraud or misrepresentation, or that the person named in
the license has obtained it by fraud or misrepresentation constitutes
a ground for disciplinary action.


5580.  The fact that the holder of a license is impersonating an
architect or former architect of the same or similar name, or is
practicing under an assumed, fictitious, or corporate name,
constitutes a ground for disciplinary action.



5582.  The fact that the holder of a license has aided or abetted in
the practice of architecture any person not authorized to practice
architecture under the provisions of this chapter, constitutes a
ground for disciplinary action.


5582.1.  (a) The fact that the holder of a license has affixed his
or her signature to plans, drawings, specifications, or other
instruments of service which have not been prepared by him or her, or
under his or her responsible control, constitutes a ground for
disciplinary action.
   (b) The fact that the holder of a license has permitted his or her
name to be used for the purpose of assisting any person to evade the
provisions of this chapter constitutes a ground for disciplinary
action.



5583.  The fact that, in the practice of architecture, the holder of
a license has been guilty of fraud or deceit constitutes a ground
for disciplinary action.



5584.  The fact that, in the practice of architecture, the holder of
a license has been guilty of negligence or willful misconduct
constitutes a ground for disciplinary action.



5585.  The fact that in the practice of architecture the holder of a
license has been guilty of incompetency or recklessness constitutes
a ground for disciplinary action.



5586.  The fact that the holder of a license has had disciplinary
action taken by any public agency for any act substantially related
to the qualifications, functions, or duties as an architect
constitutes a ground for disciplinary action.




5588.  Every insurer providing professional liability insurance to a
holder of a license, and every license holder, shall send a complete
report to the board on any settlement or arbitration award in excess
of five thousand dollars ($5,000) of a claim or action for damages
caused by the license holder's fraud, deceit, negligence,
incompetency, or recklessness in practice.  The report shall be sent
within 30 days after the settlement agreement has been consented to
by the insured or within 30 days after service of the arbitration
award on the parties.


5589.  Every settlement or arbitration award in excess of five
thousand dollars ($5,000) of a claim or action for damages caused by
the license holder's fraud, deceit, negligence, incompetency, or
recklessness in practice when the license holder does not possess
professional liability insurance as to that claim shall, within 30
days after any settlement agreement has been consented to by the
license holder or 30 days after service of the arbitration award on
the parties, be reported to the board.  A complete report shall be
made by appropriate means by the license holder or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if he or she is so represented, or
directly if he or she is not.  If, within 45 days of the conclusion
of the settlement agreement or service of the arbitration award on
the parties, counsel for the claimant, or if he or she is not
represented by counsel, the claimant himself or herself, has not
received a copy of the report, he or she shall himself or herself
make a complete report.  Failure of the license holder or claimant
or, if represented by counsel, their counsel, to comply with the
provisions of this section shall be a misdemeanor punishable by a
fine of not less than one hundred dollars ($100) or more than one
thousand dollars ($1,000).  Knowing and intentional failure to comply
with the provisions of this section, or conspiracy or collusion not
to comply with the provisions of this section, or to hinder or impede
any other person in the compliance with this section shall be a
misdemeanor punishable by a fine of not less than ten thousand
dollars ($10,000) or more than one hundred thousand dollars
($100,000).



5590.  Within 10 days after a judgment by a court of this state that
a license holder has committed a crime or is liable for any death,
personal or property injury, or loss caused by the license holder's
fraud, deceit, negligence, incompetency, or recklessness in practice,
the clerk of the court which rendered the judgment shall report that
fact to the board.  However, if the judge who tried the matter finds
that it does not relate to the defendant's professional competence
or integrity, the judge may, by order, dispense with the requirement
that the report be sent.