2014 Iowa Code
TITLE XIII - COMMERCE
SUBTITLE 4 - PROFESSIONAL REGULATION, COMMERCE-RELATED
CHAPTER 544A - REGISTERED ARCHITECTS
SECTION 544A.15 - Unlawful practice — violations — criminal and civil penalties — consent agreement.

544A.15  Unlawful practice — violations — criminal and civil penalties — consent agreement.

1.  It is unlawful for a person to engage in or to offer to engage in the practice of architecture in this state or use in connection with the person’s name the title “architect”, “registered architect”, or “architectural designer”, or to imply that the person provides or offers to provide professional architectural services, or to otherwise assume, use, or advertise any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person is an architect or is engaged in the practice of architecture unless the person is qualified by registration as provided in this chapter. However, the board may by rule authorize a person to offer to perform architectural services in this state prior to registration in this state if the person is registered in good standing to practice architecture in at least one other state or jurisdiction, the person holds a certificate from a national certification council recognized by the board, the person makes such disclosures as the board may require by rule, and the person becomes duly registered in this state prior to otherwise practicing architecture in this state as defined in section 544A.16, subsection 8.

2.  A person who violates this section is guilty of a serious misdemeanor.

3.  a.  In addition to the criminal penalty provided for in this section, the board may by order impose a civil penalty upon a person who is not registered under this chapter as an architect pursuant to this chapter and who does any of the following:

(1)  Engages in or offers to engage in the practice of architecture.

(2)  Uses or employs the words “architect”, “registered architect”, “architectural designer”, or implies authorization to provide or offer professional architectural services, or otherwise uses or advertises any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person or entity is an architect or is engaged in the practice of architecture.

(3)  Presents or attempts to use the certificate of registration or the seal of an architect.

(4)  Gives false or forged evidence of any kind to the board or any member of the board in obtaining or attempting to obtain a certificate of registration.

(5)  Falsely impersonates any other registered architect.

(6)  Uses or attempts to use an expired, suspended, revoked, or nonexistent certificate of registration.

(7)  Knowingly aids or abets an unregistered person who engages in any activity identified in this paragraph.

b.  A civil penalty imposed shall not exceed one thousand dollars for each offense.  Each day of a continued violation constitutes a separate offense.

c.  In determining the amount of a civil penalty to be imposed, the board may consider any of the following:

(1)  Whether the amount imposed will be a substantial economic deterrent to the violation.

(2)  The circumstances leading to the violation.

(3)  The severity of the violation and the risk of harm to the public.

(4)  The economic benefits gained by the violator as a result of noncompliance.

(5)  The interest of the public.

d.  Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request a hearing on the record.  The hearing must be requested within thirty days of the issuance of the notice and shall be conducted in the same manner as provided for disciplinary proceedings involving a registered architect.

e.  The board, in connection with a proceeding under this subsection, may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce the subpoena.

f.  A person aggrieved by the imposition of a civil penalty under this subsection may seek judicial review in accordance with section 17A.19.

g.  If a person fails to pay a civil penalty within thirty days after entry of an order under paragraph “a”, or if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general.  The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.

h.  An action to enforce an order under this section may be joined with an action for an injunction.

4.  The board at its discretion and in lieu of prosecuting a first offense under this section may enter into a consent agreement with a violator, or with a person guilty of aiding or abetting a violator, which acknowledges the violation and the violator’s agreement to refrain from any further violations.

[C66, 71, 73, 75, 77, 79, 81, §118.15]

87 Acts, ch 92, §7 C93, §544A.15 96 Acts, ch 1055, §3; 2008 Acts, ch 1059, §10