§ 152. Citations.
16 CA ADC § 152Barclays Official California Code of RegulationsEffective: October 1, 2022
Effective: October 1, 2022
16 CCR § 152
§ 152. Citations.
(a) The Board's executive officer is authorized to issue citations containing orders of abatement and/or administrative fines pursuant to sections 125.9 or 148 of the code against an architect or an unlicensed person who has committed any acts or omissions which are in violation of the Architects Practice Act or any regulation adopted pursuant thereto.
(b) A citation shall be issued whenever any order of abatement is issued or any fine is levied. Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statutes or regulations alleged to have been violated. The citation shall be served upon the individual personally or by certified mail.
(1) Class “A” violations are violations which the executive officer has determined involve an unlicensed person who has violated sections 5536, 5536.1, 5536.4, or 5536.5 of the code, or title 16, section 134 of these regulations, including but not limited to, acting in the capacity of or engaged in the practice of architecture. A class “A” violation is subject to an administrative fine in an amount not less than seven hundred and fifty dollars ($750) and not exceeding two thousand five hundred dollars ($2,500) for each and every violation except a higher fine may be assessed when expressly authorized by statute.
(2) Class “B” violations are violations which the executive officer has determined involve either a person who, while engaged in the practice of architecture, has violated a statute or regulation relating to the practice of architecture and which has caused physical damage to a structure or building or to real property or monetary damage to a client or member of the public or a person who has committed a class “C” violation and has one or more prior, separate class “C” violations. A class “B” violation is subject to an administrative fine in an amount not less than one thousand dollars ($1,000) and not exceeding two thousand five hundred dollars ($2,500) for each and every violation.
(3) Class “C” violations are violations which the executive officer has determined involve a person who, while engaged in the practice of architecture, has violated a statute or regulation relating to the practice of architecture and which has not caused either the death or bodily injury to another person or physical damage to a structure or building or to real property or monetary damage to a client or a member of the public. A class “C” violation is subject to an administrative fine in an amount not less than two hundred and fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for each and every violation.
Credits
Note: Authority cited: Sections 125.9, 148 and 5526, Business and Professions Code. Reference: Sections 125.9, 148, 149, 5510.1 and 5560, Business and Professions Code.
History
1. New section filed 12-2-86; designated effective 1-1-87 (Register 86, No. 49).
2. Amendment of section heading, section and Note filed 7-13-98; operative 8-12-98 (Register 98, No. 29).
3. Amendment of section and Note filed 5-22-2006; operative 6-21-2006 (Register 2006, No. 21).
4. Editorial correction of subsection (c)(3) (Register 2014, No. 3).
5. Amendment of subsection (c)(1) and Note filed 8-29-2022; operative 10-1-2022 (Register 2022, No. 35).
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 16, § 152, 16 CA ADC § 152
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