California Architects Board License Defense Lawyer
The California Architects Board, known as the CAB, licenses approximately 20,000 Architects in the State of California. Most California Architects have minimal or no contact with the enforcement arm of the California Architects Board. For Architects who become part of the California Architects Board’s disciplinary process, the consequences are profound. The Architect License disciplinary process is complex, procedural and time consuming. Architects facing the California Architects Board disciplinary process should seek legal representation from an experienced California Architect License Defense Attorney.
California Architects Board Investigation Defense Lawyer
The majority of California Architects Board investigations begin with the filing of a consumer Complaint. However, California Architects Board Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Architects Board utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Architects. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the California Architects Board disciplinary process. At the conclusion of a California Architects Board investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are an Architect facing a California Architects Board investigation, contact a California Architect License Defense Attorney for representation.
California Architect License Accusation Defense Attorney
A formal Accusation served on a California Architect serves as notice to an Architect that the Board intends to revoke the Architect License. The Architect, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Architect. A Default will result in the immediate Revocation of the Architect License.
An Accusation is a serious matter that can result in the suspension or revocation of an Architect License in California. In many cases, it is possible for Architects to reach a Stipulated Agreement with the Attorney General’s Office and California Architects Board. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).
Architects facing a California Architects Board Accusation should contact an experienced California Architect License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Architects include:
California Architect License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Architects Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Architects Board’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an Architect to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Architect can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Architects facing a California Architects Board Administrative Law Hearing need effective representation from a California Architect License Defense Lawyer.
California Architect License and Criminal Convictions
The California Architects Board can discipline Architects for criminal convictions. California Architects Board discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Architect. Common criminal offenses that can cause Architect License discipline are:
The California Architects Board and other law enforcement agencies also investigate criminal conduct by Architects in the course and scope of their practice. Criminal investigations often involve Architects engaged in Construction Fraud, Mortgage Fraud, Real Estate Fraud and Trespass. In serious criminal cases against Architects pending in Criminal Court, the California Architects Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Architect. A California Penal Code § 23 Order seeks to suspend an Architect License in Criminal Court. Architects facing criminal charges and Architects who are convicted of criminal offenses need an experienced California Architect License Defense Attorney for representation in disciplinary proceedings before the California Architects Board.
California Architect License Statement of Issues Attorney
The California Architects Board thoroughly investigates all applicants for Architect Licenses. The California Architects Board may deny a California Architect License to Architect students and Architects from other states and countries. Most California Architect License denials occur due to criminal convictions, financial problems or misstatements on the Architect License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Architect License should contact a California Architect License Denial Lawyer for representation in a California Architects Board Statement of Issues Hearing.
California Architect Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Architects who have received an Architect License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Architect License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Architects Board. A successful Architect License Petition for Reinstatement requires representation by an experienced California Architect License Defense Attorney.