8 Ways To Lose Your Landscape Architect License

Getting a landscape architect license is a major achievement. This license entitles qualified people to practice landscape architecture and perform design tasks that unlicensed people cannot. It is an awesome responsibility.

Once you get your license, you certainly want to keep it. For most competent landscape architects, complying with state rules and protecting the public’s health, safety, and welfare is not a problem. However, some landscape architects have made serious professional mistakes and brought the wrath of the Landscape Architect Technical Committee down on them.

What Not To Do

Here are a few ways that a licensees landscape architect in the state of California can get disciplined or lose his or her license.

1. Use Fraud To Obtain a License
2. Impersonating Landscape Architect
3. Aiding or Abetting Unlicensed Practice
4. Using Fraud or Deceit In Your Practice
5. Negligence or Willful Misconduct in Practice
6. Gross Incompetence in Practice
7. False Use of Signature
8. Felony Conviction or Nolo Contendere Plea

There are a lot a ways that a landscape architect can have his or her license suspended or revoked. The California Business and Professions Code and the Landscape Architect Practice Act detail the specific legal situations that can cause trouble for landscape architects.

Let’s look at each of these reasons in greater detail.

Reason 1

Fraud or Misrepresentation Used While Obtaining a License

Of course it is unethical to obtain a license by fraud. For example, having somebody else take the licensing exams in your place would be fraudulent activity. Also, falsifying your education or experience record would also qualify as fraud or misrepresentation.

The business and professions code states,”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.”

See California Business and Professions Code 5667 for more information.

Reason 2

Impersonating a Landscape Architect or Practicing Under an Assumed Name

Identity theft has been a problem for credit and financial crimes in recent years. Identity theft can be a problem in landscape architecture as well. The Landscape Architect Technical Committee can initiate disciplinary action against an unlicensed person who practices under an assumed name or impersonates a dead landscape architect. So if you ever wanted to be Thomas Church, Peter Walker, or Frederick Law Olmsted, you cannot practice under someone else’s name.

Here is what the California Business and Professions Code says about practicing under an assumed name:

“The fact that the holder of a license is impersonating a landscape architect or former landscape architect of the same or similar name, or is practicing under an assumed, fictitious or corporate name, constitutes a ground for disciplinary action.”

See California Business and Professions Code 5668 for more information.

Reason 3

Aiding or Abetting Unlicensed Practice

Helping an unlicensed person practice landscape architecture in the state of California is a violation of the Business and Professions Code. If a licensed landscape architect is discovered to be helping an unlicensed person practice landscape architecture, the LATC may initiate disciplinary action against both the landscape architect and the unlicensed person.

Here is what the Business and Professions Code states:

“The fact that the holder of a license has aided or abetted in the practice of landscape architecture, any person not authorized to practice landscape architecture under the provisions of this chapter, constitutes a ground for disciplinary action.”

See California Business and Professions Code 5669 for more information.

Reason 4

Using Fraud or Deceit in Practice

Landscape architects who are licensed by the state are held to a higher ethical standard. If a landscape architect uses fraud or deceit in his or her practice, the client can file a complaint with the Landscape Architect Technical Committee and they can initiate disciplinary action.

Here is what the Landscape Architect Practice Act law states:

“The fact that, in the practice of landscape architecture, the holder of a license has been guilty of fraud or deceit constitutes a ground for disciplinary action.”

See California Business and Professions Code 5670 for more information.

Reason 5

Negligence or Willful Misconduct in Practice

Because licensed landscape architects entrusted with protecting the public’s health, safety, and welfare, they are held to an extremely demanding standard regarding professional competence. Willful misconduct harms the public and the profession and is one of several grounds for disciplinary action.

The California Business and Professions Code has some very harsh language directed towards landscape architects who display severe negligence:

“The fact that, in the practice of landscape architecture, the holder of a license has been guilty of negligence or willful misconduct constitutes a ground for disciplinary action.”

See California Business and Professions Code 5671 for more information.

Reason 6

Gross Incompetence in Practice

The licensing process is designed to weed out the grossly incompetent before they can affect the public’s welfare. However, an incompetent professional can occasionally slip through the cracks. The Practice Act has a legal remedy to take care of the grossly incompetent.

“The fact that the holder of a license has been guilty of gross incompetence constitutes a ground for disciplinary action.”

See California Business and Professions Code 5672 for more information.

Reason 7

Signing Work Not Supervised By You

All drawings and other deliverables that you sign and stamp must be created by you or under your immediate supervision and control. It is a violation of the Business and Professions Code to sign work that is not yours. Here is what section 5673 of the Landscape Architect Practice Act says:

“The fact that the holder of a license has affixed his or her signature, or his or her stamp, or has permitted the use of his or her name to or on plans, drawings, specifications or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction, or has permitted his or her name or his or her signature or his or her stamp to be used for the purpose of assisting any person, not a landscape architect, to evade the provisions of this chapter, constitutes a ground for disciplinary action.”

See California Business and Professions Code 5673 for more information.

Reason 8

Profession-related Felony Conviction or Nolo Contendere Plea

If you ever have the misfortune of being convicted of a profession-related felony charge or plead nolo contendere, you will face disciplinary action and will likely have your licensed yanked by the Landscape Architect Technical Committee. Sections 5675 and 5676 of the Landscape Architect Practice Act explain the details.

“5675. Felony Conviction — Sanctions

The conviction of a felony in connection with the practice of landscape architecture constitutes a ground for disciplinary action. The record of a conviction shall be conclusive evidence thereof.

1. Plea of Nolo Contendere — Criminal Conviction — Sanctions

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.”

The LATC does not look favorably upon licensed landscape architects who participate in criminal activity.

How To Keep Your License

Fortunately, it is far easier to keep your license than it is to lose it. As long as you follow state law and regulation, conduct your business with integrity, and serve your clients well, the Landscape Architect Technical Committee will have to grounds to suspend or revoke your license.

What To Know For The California Supplemental Exam

There are several questions about state regulations on the CSE. Make sure you are familiar with the California Landscape Architect Practice Act and the California Business and Professions Code.

If you are looking for a study guide for the CSE, please consider Pass the California Supplemental Exam for Landscape Architects. This is the only third-party study guide that can lower your stress level and increase your confidence on test day.