West Virginia Code 30-22-23 – Refusal to issue or renew, suspension or revocation;
disciplinary action.
Terms Used In West Virginia Code 30-22-23
- Board: means the West Virginia Board of Landscape Architects. See West Virginia Code 30-22-4
- Certificate of authorization: means a certificate issued under the provisions of this article to a firm providing landscape architectural services. See West Virginia Code 30-22-4
- Certificate of authorization holder: means a firm certified under the provisions of this article to provide landscape architectural services. See West Virginia Code 30-22-4
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Landscape architecture: means the analysis, planning, design, management and stewardship of the natural and built environments. See West Virginia Code 30-22-4
- License: means a landscape architecture license issued under the provisions of this article. See West Virginia Code 30-22-4
- Licensee: means a person holding a landscape architecture license issued under the provisions of this article. See West Virginia Code 30-22-4
- Permittee: means a person holding a temporary permit. See West Virginia Code 30-22-4
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Temporary permit: means a permit to practice landscape architecture issued by the board for a period of time not to exceed one year. See West Virginia Code 30-22-4
(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any license, temporary permit, certificate of authorization or practice privilege and may take disciplinary action against a licensee, permittee or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:
(1) Fraud, misrepresentation or deceit in obtaining or maintaining a license, temporary permit or certificate of authorization;
(2) Failure by any licensee, permittee or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, temporary permit or certificate of authorization;
(3) Dishonesty, fraud, professional negligence in the performance of landscape architectural services, or a willful departure from the accepted standards of landscape architecture and the professional conduct of landscape architects;
(4) Violation of any provision of this article or any rule promulgated hereunder;
(5) Violation of any professional standard or rule of professional conduct;
(6) Failure to comply with the provisions of this article or any rule promulgated hereunder;
(7) Failure to comply with any order or final decision of the board;
(8) Failure to respond to a request or action of the board;
(9) Conviction of a crime involving moral turpitude;
(10) Conviction of a felony or a crime involving dishonesty or fraud or any similar crime under the laws of the United States, this state or another jurisdiction, if the underlying act or omission involved would have constituted a crime under the laws of this state;
(11) Any conduct adversely affecting the licensee's, permittee's or certificate of authorization holder's fitness to perform landscape architectural services; or
(12) Knowingly using any false or deceptive statements in advertising.
(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, temporary permit, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, temporary permit, certificate of authorization is ordered suspended or revoked, then the licensee, permittee or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, temporary permit, certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.