Pursuing Unlicensed Practice

Architects serving on the regulatory board received information on unlicensed practice investigations in their May section meeting.

The administration reported that seven complaints of unlicensed practice were investigated in 2012 and four (to date) in 2013.  The disposition of these cases was characterized as follows:

 “For FY12, 7 ‘unlicensed’ files were processed.

The first file was closed because of the Statute of Limitations and the second closed for insufficient evidence of the Respondent Sole Proprietor employing any other licensed professional.  The third file was closed when corrections were made to the Respondent’s website and the fourth closed due to the dissolution of the entity.  The fifth file was closed following the Respondent initiating the licensure process and the sixth closed due to insufficient documentation supporting the allegation of the Respondent engaging in activities for which a license was needed.  The seventh file is pending court action for unlicensed activity.

For FY13 (to date), 4 ‘unlicensed’ files were processed.

The first file was closed for insufficient evidence, noting Complainant failed to provide requested additional documentation.  The second file was closed due to corrections to the website and the Respondent no longer performing activities for which a license was needed.  The third file was closed with the Respondent no longer holding himself out on his resume as an architect and the fourth was closed due to the Respondent being exempt from licensure requirements.”

Anyone wishing to file a complaint against someone who is practicing or offering to practice architecture and who is not licensed may fill out a form and send it to the Board for Architecture, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects.  Complaint forms and directions can be found here:  http://www.dpor.virginia.gov/uploadedFiles/MainSite/Content/FormsandApplications/F701-COMPFRM.pdf.  You also may contact Duncan Abernathy, AIA, at daber@aiava.org

 

The Code of Virginia, Section 54.1-406, paragraph C — http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+54.1-406 — states that no one may practice or offer to practice architecture in Virginia without a license from the Commonwealth.  In a related section, the law — http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+54.1-402.2 — also states that the regulatory board has the civil authority to issue cease-and-desist orders to those it finds in violation of Section 54.1-406.

For more information, contact APELSCIDLA Board officials at 9960 Mayland Drive, Suite 400 Richmond, VA 23233-1485. They can be reached by email at complaintanalysis@dpor.virginia.gov  or on the Web at www.dpor.virginia.gov.