Iowa Code 544A.15 – Unlawful practice — violations — criminal and civil penalties — consent agreement
Current as of: 2023 | Check for updates
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1. It is unlawful for a person to engage in or to offer to engage in the practice of architecture in this state or use in connection with the person’s name the title “architect”, “licensed architect”, or “architectural designer”, or to imply that the person provides or offers to provide professional architectural services, or to otherwise assume, use, or advertise any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person is an architect or is engaged in the practice of architecture unless the person is qualified by licensure as provided in this chapter. However, the board may by rule authorize a person to offer to perform architectural services in this state prior to licensure in this state if the person is licensed in good standing to practice architecture in at least one other state or jurisdiction, the person holds a certificate from a national certification council recognized by the board, the person makes such disclosures as the board may require by rule, and the person becomes duly licensed in this state prior to otherwise practicing architecture in this state as defined in section 544A.16, subsection 9.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 544A.15
- Advertisement: means the attempt by dissemination, solicitation, or circulation to directly or indirectly induce any person to enter into any obligation or acquire any title or interest in land offered for sale or lease to the public in this state. See Iowa Code 543C.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Architect: means a person qualified to engage in the practice of architecture who holds a current valid license under the laws of this state. See Iowa Code 544A.16
- Board: means the architectural examining board established in section 544A. See Iowa Code 544A.16
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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.
- License: means the license issued to an architect by the board. See Iowa Code 544A.16
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Practice of architecture: means performing, or offering to perform, professional architectural services in connection with the design, preparation of construction documents, or construction of one or more buildings, structures, or related projects, and the space within and surrounding the buildings or structures, or the addition to or alteration of one or more buildings or structures, which buildings or structures have as their principal purpose human occupancy or habitation, if the safeguarding of life, health, or property is concerned or involved, unless the buildings or structures are excepted from the requirements of this chapter by section 544A. See Iowa Code 544A.16
- Professional architectural services: means consultation, investigation, evaluation, programming, planning, preliminary design and feasibility studies, designs, drawings, specifications and other technical submissions, administration of construction contracts, observation of construction site progress, or other services and instruments of service related to architecture. See Iowa Code 544A.16
- Record: means the same as defined in section 554D. See Iowa Code 554E.1
- Rule: includes "regulation". See Iowa Code 4.1
- seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
- 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 said district and territories. See Iowa Code 4.1
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. A person who violates this section is guilty of a serious misdemeanor.
3. a. In addition to the criminal penalty provided for in this section, the board may by order impose a civil penalty upon a person who is not licensed under this chapter as an architect pursuant to this chapter and who does any of the following:
(1) Engages in or offers to engage in the practice of architecture.
(2) Uses or employs the words “architect”, “licensed architect”, “architectural designer”, or implies authorization to provide or offer professional architectural services, or otherwise uses or advertises any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person or entity is an architect or is engaged in the practice of architecture.
(3) Presents or attempts to use the license or the seal of an architect.
(4) Gives false or forged evidence of any kind to the board or any member of the board in obtaining or attempting to obtain a license.
(5) Falsely impersonates any other licensed architect.
(6) Uses or attempts to use an expired, suspended, revoked, or nonexistent license.
(7) Knowingly aids or abets an unlicensed person who engages in any activity identified in this paragraph.
b. A civil penalty imposed shall not exceed one thousand dollars for each offense. Each day of a continued violation constitutes a separate offense.
c. In determining the amount of a civil penalty to be imposed, the board may consider any of the following:
(1) Whether the amount imposed will be a substantial economic deterrent to the violation.
(2) The circumstances leading to the violation.
(3) The severity of the violation and the risk of harm to the public.
(4) The economic benefits gained by the violator as a result of noncompliance.
(5) The interest of the public.
d. Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request a hearing on the record. The hearing must be requested within thirty days of the issuance of the notice and shall be conducted in the same manner as provided for disciplinary proceedings involving a licensed architect.
e. The board, in connection with a proceeding under this subsection, may issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence, and may request the attorney general to bring an action to enforce the subpoena.
f. A person aggrieved by the imposition of a civil penalty under this subsection may seek judicial review in accordance with section 17A.19.
g. If a person fails to pay a civil penalty within thirty days after entry of an order under paragraph “a”, or if the order is stayed pending an appeal, within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs.
h. An action to enforce an order under this section may be joined with an action for an injunction.
4. The board at its discretion and in lieu of prosecuting a first offense under this section may enter into a consent agreement with a violator, or with a person guilty of aiding or abetting a violator, which acknowledges the violation and the violator’s agreement to refrain from any further violations.