Idaho Code 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;

(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;

(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.

Terms Used In Idaho Code 54-314

Architect: means a person who engages in the practice of architecture as defined in this section and is licensed under the provisions of this chapter. See Idaho Code 54-303
Board: means the board of architects and landscape architects. See Idaho Code 54-303
Building: means an enclosure, including related improvements, that has as its principal purpose the adaptation of space for occupancy or habitation by human beings. See Idaho Code 54-303
Chambers: A judge's office.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
person: includes a corporation as well as a natural person;

Idaho Code 73-114

Practice of architecture: means rendering or offering those services described in this subsection in connection with the design, construction, enlargement or alteration of a building or a group of buildings. See Idaho Code 54-303

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Responsible control: means that amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care. See Idaho Code 54-303

seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111

State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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 division of occupational and professional 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.