Colorado § 12-120-405 - Unauthorized practice - penalties - enforcement.

§ 12-120-405. Unauthorized practice - penalties - enforcement.

(1) Unless exempted under section 12-120-403 (7), any person who practices or offers or attempts to practice architecture without an active license issued under this part 4 is subject to penalties as specified in section 12-20-407 (1)(a).

(2) (a) It is unlawful for any individual to hold oneself out to the public as an architect unless the individual has complied with this part 4.

(b) It is unlawful for any person to practice, or offer to practice, architecture in this state unless the individual in responsible control has complied with this part 4.

(c) (I) Unless licensed pursuant to this part 4, it is unlawful for any person to:

(A) Use any of the following titles: "Architect", "architects", "architecture", "architectural", or "licensed architect"; or

(B) Use the words "architect", "architects", "architecture", "architectural", or "licensed architect" in any offer to the public to perform the services set forth in section 12-120-402 (5).

(II) Nothing in this subsection (2) prohibits the general use of the words "architect", "architecture", or "architectural", including the specific use of the term "architectural intern", by an individual who is working under the supervision of an architect and is in the process of completing required practice hours in preparation for the architect licensing examination, so long as those words are not being used in an offer to the public to perform the services set forth in section 12-120-402 (5).

(3) The attorney general or the attorney general's assistant shall act as legal advisor to the board and render such timely legal assistance as may be necessary in carrying out this part 4. With the concurrence of the attorney general, the board may employ counsel and assistance necessary to aid in the enforcement of this part 4, and the compensation and expenses therefor shall be paid from the funds of the board.

(4) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

(5) After finding that a person has unlawfully engaged in the practice of architecture, the board may jointly and severally assess against the person a fine of not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

(6) An individual practicing architecture who is not licensed or exempt from licensure shall not collect compensation of any kind for the practice, and, if compensation has been paid, the individual shall refund the compensation in full.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 910, § 1, effective October 1. L. 2024: (2)(a) amended, (HB 24-1329), ch. 342, p. 2318, § 23, effective August 7.

Editor's note: This section is similar to former § 12-25-305 as it existed prior to 2019.

ANNOTATION

Law reviews. For note, "Licensing of Occupations and Professions in Colorado", see 35 Dicta 235 (1958).