La. Admin. Code tit. 46 § I-1905

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1905 - Aggravating and Mitigating Circumstances

A. The board is authorized to discipline architects and architectural firms in accordance with the provisions of the licensing law and its rules. In considering the appropriate discipline to be imposed, the board may consider any aggravating or mitigating circumstances proven by clear and convincing evidence.

B. Aggravating circumstances which may increase the discipline to be imposed include, but are not limited to:

1. conduct giving rise to serious reservations about the capability of the licensee or certificate holder to effectively and safely practice;

2. prior disciplinary actions in any jurisdiction;

3. dishonest or selfish motive;

4. a pattern of misconduct;

5. multiple offenses;

6. lack of cooperation with the board's investigation;

7. submission of false evidence, false statements, or other deceptive practices during the disciplinary process;

8. refusal to acknowledge wrongful nature of conduct;

9. vulnerability of victim;

10. substantial experience in the practice of architecture;

11. indifference to making restitution; and

12. illegal conduct, including that involving the use of controlled substances.

C. Mitigating circumstances which may reduce the discipline to be imposed include, but are not limited to:

1. a long term of distinctive service to the profession;

2. self reporting of the offense or of additional projects of which the board was unaware;

3. absence of a prior disciplinary record;

4. absence of dishonest or selfish motive;

5. personal or emotional problems;

6. timely good faith effort to make restitution or to rectify consequences of misconduct;

7. full and free disclosure to disciplinary board or cooperative attitude toward proceedings;

8. inexperience in the practice of architecture;

9. character or reputation;

10. physical disability;

11. mental disability or chemical dependency including alcoholism or drug abuse when:

a. there is medical evidence that the licensee or certificate holder is affected by a chemical dependency or mental disability;

b. the chemical dependency or mental disability caused the misconduct;

c. the licensee's recovery from the chemical dependency or mental disability is demonstrated by a meaningful and sustained period of successful rehabilitation; and

d. the recovery arrested the misconduct and recurrences of that misconduct is unlikely;

12. delay in disciplinary proceedings;

13. imposition of other penalties or sanctions;

14. remorse;

15. remoteness of prior offenses.

D. The following factors should not be considered as either aggravating or mitigating:

1. forced or compelled restitution;

2. agreeing to the client's demand for certain result;

3. withdrawal of complaint against the architect;

4. resignation prior to completion of disciplinary proceedings;

5. complainant's recommendation as to sanction; and

6. failure of injured client to complain.

La. Admin. Code tit. 46, § I-1905

Promulgated by the Office of the Governor, Board of Architectural Examiners LR 39:483 (March 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:144.