Your profession as a landscape architect shows your capability to beautify public spaces, businesses, and homes in creative and unique ways. However, with the implementation of specific safety standards and projections of how the landscape industry will appear in the near future, it is easy to see how this profession could be vulnerable to lawsuits and complaints.
As a qualified landscape architect, you understand how vital your professional license is in this industry, which is home to many experts. In addition to making you stand out, your practice license as a qualified and trained landscape architect shows your clients how serious and dedicated you are in your profession.
Unfortunately, a single allegation or complaint of misconduct by a client or colleague could put a professional license at risk of revocation or suspension. If you feel that your career as a landscape architect is threatened or sidelined, our attorneys at Oakland License Attorney can provide you with top-notch legal services to increase your odds of securing a positive result.
A Look at Landscape Architecture Practice
Landscape architecture is typically a design profession that focuses on planning, stewardship, management, and design of lands. To provide landscape architecture services, you must secure a license from the Landscape Architect Technical Committee (LATC). However, the LATC does not issue landscape architect licenses to every applicant.
To qualify for this vital documentation and begin your professional career as a landscape architect, you must provide clear and sufficient evidence to prove the following:
- Evidence to show you have received a 6-year training and education in this field
- Have excellent results on your national exam (CSE)
In addition to being aesthetically appealing, your work as a licensed landscape architect should be legally and environmentally compliant. For that reason, the licensing board will require you to prove your competence and also meet certain strict criteria to secure your practice license. Other areas that the LATC will test you on when applying for this practice license include the following:
- Assortment, distribution, and research of water and land resources for proper and sustainable use
- Practicality studies
- Field inspection and supervision
- Creation of site plans, grading, drainage plans, and watering methods
Services That Modern Landscape Architects Offer
Making outdoor spaces aesthetically appealing is one of your primary roles as landscape architects. Using your creativity, science, arts, and skills, you help plan, design, and cultivate natural and tailor-made environments.
Most people applaud and notice the work of engineers and architects in creating attractive buildings in the city, but very few notice or applaud your great efforts to make outdoor spaces aesthetically appealing and livable. However, your skills and brains are key in creating attractive gardens and ensuring buildings in the city appear arranged and organized.
Listed below are common services you can offer as a licensed landscape architect:
- Design, plan, and oversee various projects, including pedestrian plans, urban development, and road plans
- Conducting environmental impact assessments on proposed development projects
- Deciding when proposed projects should begin and finish
- Conducting initial studies on assigned projects to ensure they match or align with the investors’ or owners’ requirements
- Helping create a budget for a proposed project, including permit costs
- Conducting studies and research on the proposed project site or construction, including soil analysis and ecology
For you to be able to offer these services, you must undergo extensive training and education to master the skills. In addition to being time-consuming, becoming a professional landscape architect is also expensive. The feeling of completing your training and securing a practice license can be fulfilling, but your career is dependent on keeping the license.
If you are under arrest or investigation for a complaint or crime that could jeopardize your landscape architect’s practice license, you should act quickly to protect your career. Consulting with a credible criminal defense attorney should be your first step. A credible attorney can be your legal voice in every step of the LATC’s disciplinary process to secure the best possible outcome.
How to Respond to the LATC’s Complaint
When someone files a complaint against you with the LATC, it will launch an investigation against you to determine whether the alleged violation actually occurred. The entire process can be intimidating and frustrating, especially if it is your first time being on the receiving end of the board’s regulatory inquiry.
Understanding how to handle this situation can mean the difference between receiving disciplinary action and having the case dismissed. Here is what to do when you receive a LATC’s complaint:
- Take the Allegation or Complaint Seriously
Ignoring the allegations filed against you could result in default findings, meaning you will receive disciplinary action even if they are fabricated or false. Therefore, when you receive the board’s notice of investigation, you should act quickly and file your response as soon as possible.
- Refrain from Speaking to or Contacting the Complainant
Even if you know the person who filed a complaint against you with the board and feels the need to fix the problem, you should refrain from contacting him/her. Speaking with the complainant could undermine your defense against the alleged violation, reducing your chances of winning.
- Hire a Reliable LATC Defense Attorney
Considering the complexities of the disciplinary process and possible outcomes, hiring a credible LATC defense attorney is a brilliant idea. In addition to being your legal counsel, you will rely on your attorney to investigate the alleged complaint and compile a viable defense strategy to help you secure a favorable outcome.
During the investigation process, your attorney can speak with the LATC’s investigators on your behalf. That is crucial because he/she ensures you do not disclose any information that could negatively impact the outcome of your case.
- Compile Documentation and Evidence
Even if the allegations filed against you are fabricated or untrue, the board may require you to provide evidence to prove that during a disciplinary proceeding before an administrative law judge. During this proceeding, the judge will consider the prosecutor’s and the attorney’s evidence to determine whether a disciplinary action is necessary.
Therefore, preparing proper documentation and evidence to support your side of the story in advance could be helpful. While your attorney will gather more evidence, the fresh evidence and documentation you will collect after learning about the accusation could help him/her create solid legal defenses to challenge the alleged violation or misconduct case for the best attainable outcome.
Violations and Complaints That Could Result in LATC’s Disciplinary Actions
The LATC is the government agency responsible for issuing licenses and regulating landscape architectural services. To ensure that, the board has strict rules and regulations that you must comply with as a licensed landscape architect. In addition to maintaining the industry standards and protecting the consumers, these rules make you liable for compliance with every service you offer.
Failing to include certain information in your contracts or making false advertisements could result in disciplinary action by the LATC. Other complaints that could put your landscape architect’s license in jeopardy include (but are not limited to) the following:
Sexual or Physical Abuse
If your client accuses you of assaulting him/her physically or sexually, you should act quickly because the board treats these violations seriously. In a worst-case scenario, these allegations could result in the revocation or suspension of your landscape architect practice license.
Subcontracting Unqualified Contractors
As a landscape architect, some projects require you to work with other professionals to help achieve your client’s desired results. While that is okay, you must ensure that every professional you subcontract is qualified and licensed.
When you negligently hire professionals without ensuring they are qualified for the work, you will be liable for their mistakes, and sometimes that could cost you your practice license.
Being Intoxicated While at Work
The nature of your work as a licensed landscape architect requires total sobriety. If a client files a complaint against you with the LATC alleging that you often show up at his/her project site, you could face disciplinary actions, including suspension of your professional license.
Using Fraudulent Means to Acquire Your Practice License
Using fraudulent means to secure your practice license is another common violation that could result in disciplinary action by the board. To secure your practice license, the board requires you to submit legitimate and valid education and training certificates. When you forge these documents to pass the license eligibility criteria, you could face disciplinary action when the board learns about it.
Deviating from the Set Professional Standards
As mentioned in the previous sentence, the LATC enforces its mandate to protect public safety and uphold industry standards by ensuring that licensed landscape architects adhere to strict work codes and rules. When you deviate from these professional standards, the board could launch an investigation against you and your practice.
It is worth noting that a criminal allegation could also attract the board’s investigation into your landscape architectural practice and possibly lead to revocation of your license. That is particularly true if the criminal allegation or conviction is related to your duties or the profession as a landscape architect.
Regardless of the seriousness of the allegations filed against you, receiving a notice of investigation from the board could be confusing and unsettling. However, you do not have to deal with these challenges alone. A skilled license defense attorney who understands how the LATC handles these complaints can help you negotiate a favorable outcome or challenge the board’s allegations at an administrative hearing.
What the Administrative Law Judge Will Consider at the Administrative Hearing
As in a criminal case, you should expect a judge at the administrative hearing who will listen and give a judgment on the alleged violation or misconduct. At the administrative hearing, the board’s personnel or the prosecutor will present evidence to support the alleged complaint.
Then your attorney will have a chance to present his/her mitigating arguments and evidence to show why a disciplinary action is unnecessary or why you deserve a lighter disciplinary action. Aggravating and mitigating evidence presented will play a crucial role in determining an appropriate disciplinary action for your unique case. Common factors the court will consider include the following:
- The damage caused by your violation
- The rehabilitative or corrective measures you have put in place to fix the mistakes
- Whether or not the client incurred a financial loss due to your misconduct or violation
- The nature and sophistication of the alleged offense
- Your disciplinary record
Depending on the facts of your unique case, the LATC’s complaint could attract any of the following possible disciplinary actions:
- Civil injunction
- License suspension
- License revocation
- Citations
Common FAQs About the LATC’s Disciplinary Actions
If you have the LATC notice of investigation, it is natural to wonder about what could happen when you lose the case. Here are frequently asked questions about the LATC disciplinary actions:
- Can I Continue Practicing When the Board Suspends My Landscape Architect Practice License?
When the boards sustain the judge’s verdict of suspending your practice license, you can continue offering your services to your clients, but only after a certain period. However, if the board revokes your license, you may lose your rights to practice unless you file an appeal for the reconsideration of your disciplinary action.
- What Can Make the Board Revoke My Landscape Architect Practice License?
Revocation of your practice license is the most harsh disciplinary action you should expect at the end of the administrative process when you lose at the scheduled hearing. The LATC will revoke your license for most serious offenses or violations, including those that involve gross misconduct or sexual abuse. Being a repeat offender could also make the board revoke your practice license.
- Should I Hire an Attorney When the Board Suspends or Revokes My Landscape Architect’s Practice License?
Even after suspension or revocation of your professional license, retaining the services of a credible and seasoned license attorney is a decision you cannot regret. A skilled attorney can help you file an appeal to reinstate your license, enabling you to continue offering your services and earn an income to care for yourself and your loved ones.
Find a Skilled License Defense Attorney Near Me
Losing your landscape architect’s practice license could impact more than your ability to continue offering your services. The board will post your disciplinary action on its website, meaning your potential clients will know about your past mistakes.
At Oakland License Attorney, we understand this and are ready to walk with you through LATC’s disciplinary process to secure a favorable outcome. Call us at 510-250-4709 to discuss your unique case with our understanding attorneys.
