2005 California Business and Professions Code Sections 5660-5679.5 Article 5. Discipline

BUSINESS AND PROFESSIONS CODE
SECTION 5660-5679.5

5660.  The board may upon its own motion, and shall upon the
verified complaint in writing of any person, investigate the actions
of any landscape architect, and may suspend for a period not
exceeding one year, or revoke, the license of any landscape architect
who is guilty of any one or more of the acts or omissions
constituting grounds for disciplinary action under the chapter.
5661.  All accusations against a licensee shall be filed within
three 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 or within six years
after the act or omission alleged as the ground for disciplinary
action, whichever occurs first.  However, with respect to an
accusation alleging a violation of Section 5667, 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 5667.
   If any accusation is not filed within the time provided in this
section, no action against a licensee shall be commenced under this
article.
5662.  All proceedings for the suspension or revocation of licenses
under this chapter shall be conducted in accordance with the
provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code.  The board shall have all of the powers granted
therein.
5665.  A suspended license is subject to expiration and shall be
renewed as provided in this article, but such renewal does not
entitle the holder of the license, while it remains suspended and
until it is reinstated, to engage in the activity to which the
license relates, or in any other activity or conduct in violation of
the order or judgment by which it 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.
5666.  The fact that the holder of a license is practicing in
violation of the provisions of this chapter constitutes a ground for
disciplinary action.
5667.  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.
5668.  The fact that the holder of a license is impersonating a
landscape architect or former landscape architect of the same or
similar name, or is practicing under an assumed, fictitious or
corporate name, constitutes a ground for disciplinary action.
5669.  The fact that the holder of a license has aided or abetted in
the practice of landscape architecture, any person not authorized to
practice landscape architecture under the provisions of this
chapter, constitutes a ground for disciplinary action.
5670.  The fact that, in the practice of landscape architecture, the
holder of a license has been guilty of fraud or deceit constitutes a
ground for disciplinary action.
5671.  The fact that, in the practice of landscape architecture, the
holder of a license has been guilty of negligence or willful
misconduct constitutes a ground for disciplinary action.
5672.  The fact that the holder of a license has been guilty of
gross incompetence constitutes a ground for disciplinary action.
5673.  The fact that the holder of a license has affixed his or her
signature, or his or her stamp, or has permitted the use of his or
her name to or on plans, drawings, specifications or other
instruments of service which have not been prepared by him or her or
under his or her immediate and responsible direction, or has
permitted his or her name or his or her signature or his or her stamp
to be used for the purpose of assisting any person, not a landscape
architect, to evade the provisions of this chapter, constitutes a
ground for disciplinary action.
5675.  The conviction of a felony in connection with the practice of
landscape architecture constitutes a ground for disciplinary action.
  The record of a conviction shall be conclusive evidence thereof.
5675.5.  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 a landscape architect
constitutes a ground for disciplinary action.
5676.  A plea or verdict of guilty or a conviction following a plea
of nolo contendere made to a charge of a felony is deemed to be a
conviction within the meaning of this article.  The board may order
the license suspended or revoked, or may decline to issue a license,
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when 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 such 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.
5678.5.  Every insurer providing professional liability insurance to
a holder of a license, and every licenseholder, 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 licenseholder'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.
5679.5.  Every settlement or arbitration award in excess of five
thousand dollars ($5,000) of a claim or action for damages caused by
the licenseholder's fraud, deceit, negligence, incompetency, or
recklessness in practice when the licenseholder does not possess
professional liability insurance as to the claim shall, within 30
days after any settlement agreement has been consented to by the
licenseholder 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 licenseholder or the holder's
counsel, with a copy of the communication to be sent to the claimant
through the claimant's counsel if the claimant is so represented, or
directly if the claimant 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 the claimant is
not represented by counsel, the claimant, has not received a copy of
the report, he or she shall himself or herself make the complete
report.  Failure of the licenseholder or claimant or, if represented
by counsel, their counsel, to comply with 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 this section, or conspiracy or
collusion not to comply with this section, or to hinder or impede any
other person in compliance shall be a misdemeanor punishable by a
fine of not less than ten thousand dollars ($10,000) nor more than
one hundred thousand dollars ($100,000).


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