Colorado § 12-130-112 - Grounds for disciplinary action.

§ 12-130-112. Grounds for disciplinary action.

(1) The board shall investigate the activities of a licensee or other person upon its own motion or upon the receipt of a written, signed complaint alleging grounds for disciplinary action under this article 130.

(2) Grounds for disciplinary action shall include:

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

(b) An act or omission that fails to meet the generally accepted standards of the practice of landscape architecture and that endangers life, health, property, or the public welfare;

(c) Fraud or deceit in the practice of landscape architecture;

(d) Affixing a seal or authorizing a seal to be affixed to a document if the act misleads another into incorrectly believing that a licensed landscape architect was the document's author or was responsible for its preparation;

(e) Violation of or aiding or abetting in the violation of this article 130, an applicable provision of article 20 of this title 12, a rule promulgated by the board under section 12-20-204 or this article 130, or an order of the board issued under this article 130;

(f) Being convicted of or pleading nolo contendere to a felony in Colorado or to any crime outside Colorado that would constitute a felony in Colorado, if the felony or other crime concerns the practice of landscape architecture. A certified copy of the judgment of a court of competent jurisdiction of a conviction or plea shall be presumptive evidence of the conviction or plea in any hearing under this article 130. The board shall be governed by sections 12-20-202 (5) and 24-5-101 when considering the conviction or plea.

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

(h) Habitual or excessive use or abuse of alcohol or a habit-forming drug or habitual use of a controlled substance, as defined in section 18-18-102 (5), or other drug having similar effects, when the use or abuse renders the landscape architect unfit to engage in the practice of landscape architecture;

(i) Use of a schedule I controlled substance, as defined in section 18-18-203;

(j) Failure to report to the board a landscape architect known to have violated this article 130 or any board order or rule. Potential violations of this subsection (2)(j) include knowledge of an action or arbitration in which claims regarding the life and safety of the users of a site are alleged.

(k) Making or offering a substantial gift to influence a prospective or existing client or employer to use or refrain from using a specific landscape architect;

(l) Failure to exercise adequate professional supervision of persons assisting in the practice of landscape architecture under a licensed landscape architect;

(m) Performing services beyond the competence, training, or education of a landscape architect;

(n) Selling, fraudulently obtaining, or fraudulently furnishing a license or renewal of a license to practice landscape architecture;

(o) Practicing landscape architecture or advertising, representing, or holding oneself out as a licensed landscape architect or using the title "landscape architect" or "licensed landscape architect" unless the person is licensed pursuant to this article 130; or

(p) Otherwise violating any provision of this article 130.

(3) A disciplinary action in another state or jurisdiction taken on grounds that would constitute a violation under this article 130 shall be prima facie evidence of grounds for disciplinary action under this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 932, § 1, effective October 1.

Editor's note: This section is similar to former § 12-45-113 as it existed prior to 2019.