2005 Idaho Code - 54-305 — GROUNDS FOR DISCIPLINE -- JUDICIAL REVIEW -- PENALTIES -- SUBSEQUENT LICENSE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 3
                                  ARCHITECTS
    54-305.  GROUNDS FOR DISCIPLINE -- JUDICIAL REVIEW -- PENALTIES --
SUBSEQUENT LICENSE. (1) The board may refuse to grant, or may temporarily
suspend or otherwise restrict a license to practice architecture in this state
for a period not to exceed two (2) years, or may revoke a license, upon any
one (1) of the following grounds:
    (a)  The employment of any fraud or deception in applying for a license or
    in passing the examination required under this chapter.
    (b)  The employment of a fraud or deceit in the practice of his profession
    or procuring any contract in the practice of his profession by fraudulent
    means.
    (c)  A display of incompetency or recklessness in the practice of
    architecture resulting in a detriment to life, health, or public safety.
    (d)  The conviction, finding of guilt, receipt of a withheld judgment or
    suspended sentence in this or any other state for a felony or a
    misdemeanor, which misdemeanor involved a violation of the provisions of
    this act, a willful violation of state or local building codes, or a
    violation of other laws relating to public health and safety and which
    were committed in the course of practicing architecture.
    (e)  Affixing of his signature to, or impressing his seal upon, any plans,
    drawings, specifications, or other instruments of service which have not
    been prepared by him, or under his responsible control, or has permitted
    his name to be used for the purpose of assisting any person, not a
    licensed architect, to evade the provisions of this chapter.
    (f)  Receiving of rebates, commissions, grants of money or other favors in
    connection with the work, without the knowledge of the party for whom he
    is working, or having a pecuniary interest in the performance of the
    contract for the work designed, planned or supervised by him without the
    knowledge and consent of the owner.
    (g)  Practicing architecture contrary to the provisions and requirements
    of this chapter.
    (h)  Violation of rules of conduct for architects which the board may
    adopt in accordance with guidelines published by the national council of
    architectural registration boards.
    (i)  Practicing architecture without being licensed, in violation of
    licensing laws of the jurisdiction in which the practice took place.
    (2)  Before any license shall be revoked or suspended, or the issuance
thereof denied under subsection 3 of section 54-302A, Idaho Code, the holder
or applicant shall be entitled to at least twenty (20) days' notice in writing
of the nature of the charge against him and of the time and place of the
hearing before the board for the purpose of hearing and determining such
charge. The proceedings shall be governed by the provisions of chapter 52,
title 67, Idaho Code. Any revocation or suspension of license shall be
certified in writing by the said board and attested to with the official seal
of said board affixed thereto; and such revocation or suspension of license
shall be filed in the office of the bureau of occupational licenses.
    (3)  Any person aggrieved by the action of the board is entitled to
judicial review thereof in accordance with the provisions of chapter 52, title
67, Idaho Code.
    (4)  Upon the finding of the existence of grounds for discipline of any
person holding a license, seeking a license, or renewing a license under the
provisions of this chapter, the board may impose one (1) or more of the
following penalties:
    (a)  Suspension of the offender's license for a term to be determined by
    the board;
    (b)  Revocation of the offender's license;
    (c)  Restriction of the offender's license to prohibit the offender from
    performing certain acts or from engaging in the practice of architecture
    in a particular manner for a term to be determined by the board;
    (d)  Refusal to renew the offender's license;
    (e)  Placement of the offender on probation and supervision by the board
    for a period to be determined by the board;
    (f)  Imposition of an administrative fine not to exceed two thousand
    dollars ($2,000).
    (5)  Any person whose license has been revoked, suspended or the issuance
of which has been denied by said board for cause and the order denying,
revoking or suspending the same not having been revoked by a court of
competent jurisdiction, may apply for a reissuance, reinstatement or issuance
of a license and the board, for reasons it may deem sufficient, may reissue,
reinstate or issue the license to such person, provided, however, that it
shall not take such action until the expiration of one (1) year after the date
of such order.