54-314. DISCIPLINE — INJUNCTION. (1) The board shall have the authority to sanction any license issued pursuant to the provisions of this chapter for any of the following:

(a) Fraud or deception in applying for, procuring or renewing a license under this chapter;

(b) Fraud or deceit in the practice of architecture or in procuring any contract in the practice of architecture;

(c) Incompetence or gross negligence or recklessness in the practice of architecture;

(d) A conviction, finding of guilt, receipt of a withheld judgment or suspended sentence in this or any other state, territory, country or jurisdiction for a felony or a misdemeanor, which misdemeanor involved a violation of the provisions of this chapter, a willful violation of state or local building codes, or a violation of other laws relating to the public health and safety and that were committed in the course of practicing architecture;

(e) Affixing his signature to, or impressing his seal upon, any plans, drawings, specifications or other instruments of service that have not been prepared by him, or under his responsible control, or permitting his name to be used for the purpose of assisting any person who is not a licensed architect to evade the provisions of this chapter;

(f) Receiving 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) Unethical or unprofessional conduct as defined by the rules of the board or the code of ethics established by the rules of the board;

(h) Practicing architecture or representing oneself as a licensed architect when unlicensed, in violation of licensing laws of the jurisdiction in which the conduct took place;

(i) Having had any professional or occupational license revoked, suspended or otherwise disciplined in Idaho or any other state, territory, country or jurisdiction;

(j) Failing to maintain the requirements for a license, including not fulfilling the continuing education requirement for license renewal established by the board in rule;

(k) Failing to comply with a board order; or

(l) Violating any of the provisions of this chapter or any of the rules promulgated by the board under the authority of this chapter.

(2) Sanctions that the board may impose include one (1) or more of the following:

(a) Refusal to grant or renew a license;

(b) Revocation of a license;

(c) Suspension of a license for a period not to exceed two (2) years;

(d) Restriction of a license to prohibit the offender from performing certain acts or from engaging in the practice of architecture in a particular manner for a period not to exceed two (2) years;

(e) Placement of the offender on probation and supervision by the board for a period not to exceed two (2) years; and

(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000) per violation.

(3) The procedures for disciplinary proceedings shall be in compliance with the Idaho administrative procedure act and the rules of the office of the attorney general and the bureau of occupational licenses.

(4) The board or any resident citizen may maintain an action in equity in the name of the state of Idaho to enjoin perpetually any person, firm, company, corporation or partnership from persisting in the doing of any acts constituting a violation of this chapter. Such action shall be brought in the district court of the county in which said act or acts or some of them are claimed to have been or are being committed, by filing a complaint setting forth the acts. The court, or a judge thereof at chambers, if satisfied from the complaint or by affidavits that the acts complained of have been or are being committed and will probably be persisted in, may issue a temporary writ enjoining the defendant from the commission of any such act or acts pending final disposition of the case. The case shall proceed as in other cases for injunction. If at the trial the commission of the act or acts by the defendant is established, and the court further finds that it is probable that the defendant will continue therein or in similar violations, the court, or a judge thereof at chambers, shall enter a decree perpetually enjoining the defendant from thereafter committing said or similar acts.

History:

[54-314, added 2018, ch. 129, sec. 2, p. 276.]