How Long is Too Long for the LATC?
It used to be that the LATC had five years to bring administrative disciplinary action against landscape architects and unlicensed individuals. Recently, the timeline has changed.
Now, the statute of limitations is six years after the violation occurred or three years after the Landscape Architect Technical Committee is made aware of the violation.
Here is the actual wording of the rule:
“5661. Accusations — Time Limitation for Filing Action. All accusations against a licensee shall be filed within three years after the board discovers, or through the use of reasonable diligence should have discovered, the act or omission alleged as the ground for disciplinary action or within six years after the act or omission alleged as the ground for disciplinary action, whichever occurs first. However, with respect to an accusation alleging a violation of Section 5667, the accusation may be filed within three years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by Section 5667. If any accusation is not filed within the time provided in this section, no action against a license shall be commenced under this article.”
This is a little confusing, so let’s look at a few sample situations.
Scenario #1
Joe is a landscape contractor but advertises that he performs “landscape architectural work”. Joe is not a licensed landscape architect and does not have any licensed landscape architects on his staff. Therefore, Joe has violated the State of California’s landscape architect regulations. The violation occurred in 2011 and the LATC board was made aware of this violation in 2012. According to section 5661, what is the latest date that the LATC may take action?
Since the violation occurred in 2011, and the board knew about the violation in 2012, LATC has three years to start administrative punishment. So, 2014 is the latest that the board could take action against Joe.
Scenario #2
Sarah, a garden designer without a landscape architect license in the State of California, performed prohibited landscape architect services in 2007. Her client complained to the Landscape Architect Technical Committee in 2014. Can the LATC initiate disciplinary action against Sarah?
No. The alleged violation occurred more than six years ago. The statute of limitations only authorizes the board to police violations for six years after the violation occurred.
Scenario #3
A person obtained a landscape architect license by fraud. The Landscape Architect Technical Committee became aware of this violation eight years after the violation occurred. Can the LATC pursue disciplinary action against this person?
Yes. Because the violation involved fraud covered under section 5667, the board can take action up to three years after discovering the violation.
Section 5667 states:
“5667. Fraud, Misrepresentation — Obtaining License. The fact that the holder of a license has obtained the license by fraud or misrepresentation, or that the person named in the license has obtained it by fraud or misrepresentation, constitutes a ground for disciplinary action.”
Violations of section 5667 do not have the six year statute of limitations the way that other violations have due to the severity of the offense.
The Bottom Line
Almost all violations of California’s landscape architect regulations can be acted on by the board three years after their discovery or three years after the board is made aware of the violation. Acts of fraud covered under section 5667 are exempted from the six year statute of limitations but still must be acted on within three years of the board discovering the violation.
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John is a landscape architect who is currently preparing to take the California Supplemental Exam to become licensed in California. He is currently a licensed professional landscape architect in Georgia and Florida. John graduated from California State University, Pomona with a BSLA degree in landscape architecture in 1997 and has extensive practice experience in residential and commercial landscape design.