Colorado § 12-120-406 - Disciplinary actions - grounds for discipline.

§ 12-120-406. Disciplinary actions - grounds for discipline.

(1) The board may take disciplinary or other action as authorized by section 12-20-404 against, or limit the scope of practice of, a licensee for the following:

(a) Fraud, misrepresentation, deceit, or material misstatement of fact in procuring or attempting to procure a license;

(b) Any act or omission that fails to meet the generally accepted standards of the practice of architecture, as evidenced by conduct that endangers life, health, property, or the public welfare;

(c) Conviction of, or pleading guilty or nolo contendere to, a felony in Colorado concerning the practice of architecture or an equivalent crime outside Colorado. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea in any hearing under this part 4. The board shall be governed by sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea.

(d) Affixing a seal or allowing a seal to be affixed to any document of which the architect was neither the author nor in responsible control of preparation;

(e) Violation of, or aiding or abetting in the violation of, this part 4, an applicable provision of article 20 of this title 12, any rule promulgated by the board in conformance with part 1 of this article 120 or this part 4, or any order of the board issued in conformance with this part 4;

(f) Use of false, deceptive, or misleading advertising;

(g) Performing services beyond one's competency, training, or education;

(h) Failure to render adequate professional control of persons practicing architecture under the responsible control of a licensed architect;

(i) Habitual or excessive use or abuse of alcohol, controlled substances, or any habit-forming drug;

(j) Any use of a schedule I controlled substance, as defined in section 18-18-203;

(k) Violation of the notification requirements in section 12-120-411;

(l) Failure to pay a fine assessed under this part 4;

(m) Failure to report to the board any architect known to have violated any provision of this article 120 or any board order or rule;

(n) Fraud or deceit in the practice of architecture;

(o) Making or offering to make any gift (other than a gift of nominal value such as reasonable entertainment or hospitality), donation, payment, or other valuable consideration to influence a prospective or existing client or employer regarding the employment of the architect; except that nothing in this subsection (1)(o) shall restrict an employer's ability to reward an employee for work obtained or performed;

(p) Selling or fraudulently obtaining or furnishing a license or renewal of a license to practice architecture;

(q) Engaging in conduct that is intended or reasonably might be expected to mislead the public into believing that the person is an architect;

(r) Engaging in the practice of an architect as a corporation or partnership or group of persons, unless the entity meets the requirements of section 12-120-404; or

(s) Failing to respond to allegations in a complaint within the length of time specified in the letter issued by the board in accordance with subsection (2) of this section.

(2) The board may issue and send a letter of admonition by first-class mail or email to a licensee at the licensee's last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).

(3) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).

(4) Any disciplinary action in another state or jurisdiction on grounds substantially similar to those that would constitute a violation under this part 4 shall be prima facie evidence of grounds for disciplinary action, including denial of licensure, under this section.

(5) In addition to the penalties provided for in this section, any person violating any provision of this part 4 or any standards or rules promulgated pursuant to this part 4 may be punished by a fine of not less than fifty dollars and not more than five thousand dollars upon a finding of misconduct by the board, made pursuant to article 4 of title 24.

(6) If, as a result of a proceeding held pursuant to article 4 of title 24, the board determines that a person licensed to practice architecture pursuant to this part 4 has acted in such a manner as to be subject to disciplinary action, the board may, in lieu of or in addition to other forms of disciplinary action that may be authorized by this section, require a licensee to take courses of training or education relating to the licensee's profession. The board shall determine the conditions that may be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee is required to furnish satisfactory proof of completion of the training or education.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 913, § 1, effective October 1. L. 2024: (1)(q), (1)(r), and (6) amended and (1)(s) added, (HB 24-1329), ch. 342, pp. 2315, 2318, §§ 13, 24, effective August 7. L. 2026: (2) amended, (HB 26-1324), ch. 328, p. 1908, § 10, effective August 12.

Editor's note: This section is similar to former § 12-25-308 as it existed prior to 2019.

ANNOTATION

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

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Phrase "fraud or deceit" cannot be redefined by board. The phrase "fraud or deceit" as contained in subsection (2)(d) refers to an established legal concept with a definite meaning, and this legal standard cannot be redefined by the board. Lorance v. Colo. State Bd. of Colo. of Architects, 35 Colo. App. 177, 532 P.2d 382 (1974).

The general assembly has designated the state board of examiners of architects as the initial authority for issuance, denial, revocation, or suspension of an architect's license. Lorance v. Colo. State Bd. of Colo. of Architects, 31 Colo. App. 332, 505 P.2d 47 (1972).

Where the board of examiners of architects, in instituting disciplinary action and in scheduling a hearing on the charges which had been filed against architect, was carrying out its statutory function, the courts will not interfere with such action of an administrative board until final action has been taken. Lorance v. Colo. State Bd. of Colo. of Architects, 31 Colo. App. 332, 505 P.2d 47 (1972).

The judicial determination of the validity of the regulation of board of examiners of architects is not available to an architect against whom charges are pending until final action has been taken by the board. Lorance v. Colo. State Bd. of Colo. of Architects, 31 Colo. App. 332, 505 P.2d 47 (1972).