(a) The Board shall have the power to suspend or revoke a license or certificate of registration, to deny a license or certificate of registration, or to reprimand or levy a civil penalty not in excess of five hundred dollars ($500.00) per violation against any registrant who is found guilty of:
(1) Dishonest conduct, including but not limited to:
a. The commission of any fraud, deceit or misrepresentation in any professional relationship with clients or other persons; or with reference to obtaining or maintaining license, or with reference to qualifications, experience and past or present service; or
b. Using or permitting an individual professional seal to be used by or for others, or otherwise representing registrant as the author of drawings or specifications other than those prepared personally by or under direct supervision of registrant.
(2) Incompetence, including but not limited to:
a. Gross negligence, recklessness, or excessive errors or omissions or building failures in registrant’s record of professional practice; or
b. Mental or physical disability or addiction to alcohol or drugs so as to endanger health, safety and interest of the public by impairing skill and care in professional services.
(3) Unprofessional conduct, including but not limited to:
a. Practicing or offering to practice architecture without a current license from this Board;
b. Knowingly aiding or abetting others to evade or violate the provisions of this Chapter, or the health and safety laws of this or other states;
c. Knowingly undertaking any activity or having any significant financial or other interest, or accepting any compensation or reward except from registrant’s clients, any of which would reasonably appear to compromise registrant’s professional judgment in serving the best interest of clients or public;
d. Willfully violating this Chapter or any rule or standard of conduct published by the Board, or pleading guilty or nolo contendere to a felony or any crime involving moral turpitude.
(b) Actions to recover civil penalties against any registrant may be commenced by the Board pursuant to Chapter 150B of the General Statutes. In determining the amount of any civil penalty, the Board shall consider the degree and extent of harm caused by the violation. The clear proceeds of any civil penalty collected hereunder shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1915, c. 270, s. 5; 1919, c. 336, s. 3; C.S., s. 4993; 1953, c. 1041, s. 1; 1957, c. 794, s. 8; 1973, c. 1331, s. 3; 1979, c. 871, s. 1; 1989, c. 81; 1998-215, s. 128.)
Terms Used In North Carolina General Statutes 83A-15
- Board: means the North Carolina Board of Architecture. See North Carolina General Statutes 83A-1
- Felony: A crime carrying a penalty of more than a year in prison.
- Fraud: Intentional deception resulting in injury to another.
- License: means a certificate of registration issued by the Board recognizing the individual named in the certificate as meeting the requirements for registration under this Chapter. See North Carolina General Statutes 83A-1
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3