Suspension or Revocation of Certificate; Reprimand; Hearing; Reinstatement

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Architects
  5. General Provisions
  6. Suspension or Revocation of Certificate; Reprimand; Hearing; Reinstatement

Checkout our iOS App for a better way to browser and research.

  1. In addition to the authority provided in Code Section 43-1-19, the board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found by the board to have:
    1. Committed any fraud, deceit, or misrepresentation in obtaining a certificate of registration;
    2. Committed any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice;
    3. Permitted the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section 43-4-10 as to his or her personal direction and supervision of architectural services performed by such firm, sole proprietorship, partnership, limited liability company, or corporation or the provisions of Code Section 43-4-16;
    4. Been convicted by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere or the affording of first offender treatment to any such charge; or
    5. Violated this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article.
  2. Prior to revoking or suspending a registrant's certificate, the board shall provide for a hearing into the charges against the registrant. The board shall issue a notice of hearing to the registrant in compliance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," at least ten days prior to the hearing. The hearing will be conducted in accordance with the procedures set forth in Chapter 13 of Title 50 and this article.
  3. The board may reinstate a registration to any person whose registration has been revoked who has met the qualifications for reinstatement. Application for the reissuance of said registration shall be made in such a manner as the board may direct and shall be accompanied by a fee established by the board. Neither the denial of a request for reinstatement of a revoked registration nor the refusal to issue a previously denied registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

(Ga. L. 1919, p. 125, §§ 23, 24; Code 1933, § 84-319; Ga. L. 1955, p. 602, § 4; Ga. L. 1974, p. 162, § 8; Ga. L. 1992, p. 3318, § 1; Ga. L. 1993, p. 123, § 18; Ga. L. 2000, p. 1527, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "Chapter 13" was substituted for "Article 13" in two places in subsection (b).

Administrative Rules and Regulations.

- Standards of conduct - architects, Official Compilation of the Rules and Regulations of the State of Georgia, State Board of Architects, Chapter 50-8.

Law reviews.

- For article on the effect on receiving government-issued licenses after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).

JUDICIAL DECISIONS

Misrepresentation not regarded by board in issuing certificate cannot be basis for revoking certificate; the misrepresentation must be material to issuing the certificate. Doughtery County Council of Architects v. Beckanstin, 100 Ga. App. 790, 112 S.E.2d 423 (1959).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.

Revocation or suspension of license to practice architecture, 58 A.L.R.3d 543.


Download our app to see the most-to-date content.