SENATE AMENDED
PRIOR PRINTER'S NOS. 2445, 2713, 2908, PRINTER'S NO. 3722
3664
No. 2000 Session of 1981
INTRODUCED BY GEIST, SEVENTY, ARTY, WACHOB, DAWIDA, BITTLE,
L. E. SMITH, SPENCER, SWEET, COLAFELLA, CORDISCO, DAIKELER,
GLADECK, LEHR, ANDERSON AND NOYE, OCTOBER 21, 1981
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 16, 1982
AN ACT
1 Regulating the practice of architecture in the Commonwealth of
2 Pennsylvania; providing for the examination and licensure of
3 architects by a State Architects Licensure Board and
4 providing penalties.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Declaration of purpose.
8 Section 3. Definitions.
9 Section 4. Creation of board, appointment and term of
10 members and officers.
11 Section 5. Organization of board.
12 Section 6. Powers of board.
13 Section 7. Duties of board.
14 Section 8. Examination and qualification of applicants.
15 Section 9. Reciprocal licensing.
16 Section 10. Issuance and renewal of certificates.
17 Section 11. Payment and disposition of fees.
1 Section 12. Seal of architect.
2 Section 13. Firm practice.
3 Section 14. Firm names.
4 Section 15. Permitted practices.
5 Section 16. Existing licenses.
6 Section 17. Existing rules and regulations.
7 Section 18. Unauthorized practice prohibited.
8 Section 19. Disciplinary proceedings.
9 Section 20. Penalties.
10 Section 21. Complaint procedure and hearings.
11 Section 22. Severability.
12 Section 23. Repeals.
13 Section 24. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title.
17 This act shall be known and may be cited as the "Architects
18 Licensure Law."
19 Section 2. Declaration of purpose.
20 In order to protect the health, safety and property of the
21 people of the Commonwealth of Pennsylvania and to promote their
22 welfare, no person shall engage in the practice of architecture
23 in this Commonwealth except in compliance with the requirements
24 of this act.
25 Section 3. Definitions.
26 The followings words and phrases when used in this act shall
27 have, unless the context clearly indicates otherwise, the
28 meanings given to them in this section:
29 "Architect." An individual licensed under this act to engage
30 in the practice of architecture within the Commonwealth of
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1 Pennsylvania.
2 "Board." The Architects Licensure Board established by this
3 act.
4 "Certificate." The certificate of licensure issued by the
5 board indicating that the individual named therein is an
6 architect.
7 "Practice of architecture." The rendering or offering to
8 render certain services, hereinafter described, in connection
9 with the design and construction of a structure or group of
10 structures which have as their principal purpose human
11 habitation or use, and the utilization of space within and
12 surrounding such structures. The services referred to in the
13 previous sentence include planning, providing preliminary
14 studies, designs, drawings, specifications, and other design
15 documents, construction management and administration of
16 construction contracts. THE FOREGOING SHALL NOT BE DEEMED TO <--
17 INCLUDE THE PRACTICE OF ENGINEERING AS SUCH, FOR WHICH SEPARATE
18 REGISTRATION IS REQUIRED UNDER THE PROVISIONS OF THE ACT OF MAY
19 23, 1945 (P.L.913, NO.367), KNOWN AS THE "PROFESSIONAL ENGINEERS
20 REGISTRATION LAW," EXCEPTING ONLY ENGINEERING WORK INCIDENTAL TO
21 THE "PRACTICE OF ARCHITECTURE."
22 "Accredited school." Any educational institution with an
23 academic program in architecture accredited by a national
24 architectural accrediting body or approved by the board.
25 "Professional degree." A first professional degree in
26 architecture conferred by an accredited school.
27 Section 4. Creation of board, appointment and term of members
28 and officers.
29 (a) There is hereby established an Architects Licensure
30 Board which shall consist of the Commissioner of Professional
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1 and Occupational Affairs, two members who shall represent the
2 public at large, and five members, all of whom shall be
3 architects, who have been in the active practice of architecture
4 in the Commonwealth of Pennsylvania for not less than seven
5 years prior to their appointment.
6 (b) Each member of the board shall be appointed by the
7 Governor with the advice and consent of the Senate. The
8 presently confirmed members of the existing State Board of
9 Examiners of Architects constituted under the act of July 12,
10 1919 (P.L.933, No.369), referred to as the Architects
11 Registration Law, as of the effective date of this act, shall
12 continue to serve as board members until their present terms of
13 office expire. When terms of the present board members expire,
14 the next term of succeeding board members shall be designated to
15 expire at different times so that one member shall be appointed
16 for a term of one year, one member shall be appointed for a term
17 of two years, one member shall be appointed for a term of three
18 years, one member shall be appointed for a term of four years,
19 and one member shall be appointed for a full term of five years.
20 Successive terms shall be four years or until his successor is
21 appointed and qualified.
22 (c) Vacancies occurring in the membership of the board shall
23 be filled by the Governor, with the advice and consent of the
24 Senate, for the unexpired portion of the term. A member
25 appointed for a full term shall not be eligible for more than
26 two consecutive full terms.
27 (d) Each member of the board shall take and subscribe to the
28 oath of office generally required of State officials.
29 (e) The Governor may remove any member of the board for
30 misconduct, incompetence, neglect of duty or any sufficient
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1 cause in the manner prescribed by law for the removal of State
2 officials.
3 Section 5. Organization of board.
4 (a) An organizational meeting of the board shall be held
5 annually at which time the board shall elect from its membership
6 a president, a vice-president and a secretary, who shall serve
7 for one year or until their successors are duly elected. Other
8 meetings of the board may be called in accordance with rules and
9 regulations promulgated by the board.
10 (b) Should a vacancy in the office of president, vice-
11 president or secretary of the board occur, the remaining members
12 of the board shall fill such vacancy by election.
13 (c) The majority of the board shall constitute a quorum for
14 the transaction of all business, but no action shall be taken at
15 any meeting without the majority of the current board membership
16 in accord.
17 (d) Each member of the board, except the Commissioner of
18 Professional and Occupational Affairs, shall be entitled to
19 receive a per diem in an amount to be determined biennially by
20 the commissioner consistent with fees paid such boards. In
21 addition to the above per diem allowance, each member shall be
22 reimbursed for all reasonable traveling, lodging and other
23 necessary expenses incurred in the performance of duties under
24 this act.
25 Section 6. Powers of board.
26 (a) The board may establish reasonable rules and regulations
27 to carry out the provisions of this act. Such proposed rules or <--
28 regulations or amendments thereto shall be transmitted to the
29 Speaker of the House of Representatives and to the President pro
30 tempore of the Senate who shall authorize and direct an
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1 appropriate committee to review the proposals. Either committee
2 may within 60 calendar days or ten legislative days, whichever
3 is later, recommend disapproval of the proposed rules or
4 regulations or amendments thereto to the General Assembly.
5 Subsequent to a recommendation for disapproval by either
6 committee, the General Assembly may by concurrent resolution,
7 disapprove the proposed rules, regulations or amendments
8 thereto. Any rule or regulation or amendment thereto not
9 disapproved by the General Assembly within the allotted time may
10 be finally adopted by the department pursuant to the
11 Commonwealth Documents Law. Any rule or regulation or amendment
12 thereto which has not been submitted to the General Assembly
13 pursuant to this section or which has been disapproved shall be
14 null and void and without effect.
15 (b) The board may establish, by regulations consistent with
16 the policy contained in this act, standards of professional
17 conduct for architects.
18 (c) The board shall schedule examinations in compliance with
19 the provisions of the act of April 9, 1929 (P.L.177, No.175),
20 known as "The Administrative Code of 1929," for individuals
21 applying for certificates at least once each year, provided the
22 applicants are qualified under sections 8 and 9. The board may
23 establish such rules and regulations consistent with this act
24 for the examination of applicants as it deems appropriate.
25 (d) The board shall issue certificates to individuals who
26 have qualified to engage in the practice of architecture under
27 the provisions of this act. The board may establish such rules
28 and regulations consistent with this act for the issuance and
29 renewal of certificates as it deems appropriate, including rules
30 for the issuance of certificates by reciprocity.
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1 (e) The board shall have the power to administer and enforce
2 the laws of the Commonwealth of Pennsylvania relating to the
3 practice of architecture and to instruct and require its agents
4 to initiate appropriate proceedings for unauthorized and
5 unlawful practice.
6 (f) The board shall have the power to take disciplinary
7 action as described in this act. In all disciplinary proceedings
8 brought pursuant to this act, the board shall have the power to
9 administer oaths, to summon witnesses, and to compel the
10 production of documents in accordance with law. Upon the failure
11 of any person to appear or produce documents in accordance with
12 the board's order, the board may take appropriate action in
13 accordance with the act of October 15, 1980 (P.L.950, No.164),
14 known as the "Commonwealth Attorneys Act," to enforce
15 compliance.
16 (g) The board shall have the power to take appropriate
17 actions to initiate injunction and criminal prosecution
18 proceedings in connection with the unlawful and unauthorized
19 practice of architecture or other violations of this act.
20 Injunction and criminal proceedings shall be instituted in
21 accordance with the "Commonwealth Attorneys Act."
22 (h) The board shall have the power to appoint, with the
23 approval of the Governor, such hearing examiners as shall be
24 necessary to conduct hearings as may be required under section
25 21. The board shall have the power to adopt and promulgate rules
26 and regulations setting forth the functions, powers, standards
27 and duties to be followed by its hearing examiners.
28 Section 7. Duties of board.
29 (a) The board shall keep a record of its proceedings and the
30 board shall keep records relating to applications. Records
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1 relating to applications shall include the name, age and last
2 known address of each applicant for licensure, information
3 concerning each applicant's education, experience and other
4 qualifications, the text of all examinations administered and
5 the results thereof and such other information as the board
6 deems appropriate. The records of the board shall be prima facie
7 evidence in the proceedings and a certified transcript by the
8 secretary shall be admissible in evidence with the same force
9 and effect as if the original were produced.
10 (b) The board shall maintain an up-to-date roster showing
11 the names and addresses of the places of business of all
12 architects licensed under this act, and under prior laws, and
13 licensed by the board, which roster shall be published in
14 booklet form by the board every five years. In the interim years
15 following the publishing of the complete roster, the board shall
16 each year publish a supplemental roster containing the name,
17 license numbers where applicable, and addresses of all
18 architects licensed by the board subsequent to the publishing of
19 the last published roster or supplemental roster.
20 (c) The board shall maintain records relating to all
21 architects licensed in the Commonwealth of Pennsylvania. Such
22 records shall include all information directly related to the
23 practice of architecture as defined herein.
24 (d) Annually at the end of its fiscal year, the board shall
25 submit to the Commissioner of Professional and Occupational
26 Affairs a report of its activities and transactions of the
27 preceding year. The board shall also submit to the Commissioner
28 of Professional and Occupational Affairs a proposed budget
29 request for its operation for the succeeding fiscal year.
30 Section 8. Examination and qualification of applicants.
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1 (a) Any individual of good character, who is a legal
2 resident of Pennsylvania or who is in the employ of or under the
3 direct supervision of an architect licensed with the board and
4 who maintains a practice in the Commonwealth of Pennsylvania
5 under a permanent Pennsylvania business address may apply for a
6 certificate under this act.
7 (b) Each applicant for a certificate shall submit evidence
8 satisfactory to the board that the applicant holds a
9 professional degree in architecture from an accredited school
10 and has obtained at least three years' practical experience in
11 the employ of or under the direct supervision of a registered
12 architect or as part of the applicant's academic training. In
13 lieu of a professional degree in architecture, the board may
14 accept evidence of at least six years' practical experience
15 obtained in the employ of or under the direct supervision of a
16 registered architect which may include academic training. The
17 board may require that applicants who do not hold a professional
18 degree in architecture must first pass a qualifying examination
19 before being admitted to the licensing examination described in
20 subsection (c). The board may at its discretion adopt as its
21 standards for minimum education and experience, the current
22 guidelines on education, training and experience equivalents
23 adopted by the National Council of Architectural Registration
24 Boards.
25 (c) Each applicant for licensing who satisfies subsections
26 (a) and (b) shall submit to a licensing examination. The
27 examination shall cover such technical and professional subjects
28 and shall be graded on such basis as the board shall by
29 regulation prescribe. The board may at its discretion adopt the
30 examination and recommended grading procedures adopted by the
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1 National Council of Architectural Registration Boards.
2 (d) The board may require applicants under this section and
3 section 9 to appear for a personal interview.
4 Section 9. Reciprocal licensing.
5 (a) The board may issue a certificate, without examination,
6 to any individual who is registered or certified as an architect
7 in another state or country where the qualifications required
8 are equivalent to those required in this State. The possession
9 of a certificate from the National Council on Architectural
10 Registration Boards shall be prima facie evidence that the
11 individual meets the qualifications required in this State.
12 (b) The board may issue a certificate to individuals who
13 have lawfully practiced architecture in another state or country
14 for a period of more than ten years if such individual achieves
15 a satisfactory score on a practical examination of a nature
16 determined by the board.
17 (c) A resident of another state who is licensed to engage in
18 the practice of architecture in the state where his office is
19 located may offer to perform architectural services in the
20 Commonwealth of Pennsylvania without first obtaining a
21 certificate. Architectural services, however, may not actually
22 be performed by a nonresident architect until a certificate is
23 obtained.
24 (d) An individual who is licensed to engage in the practice
25 of architecture in a foreign country where his office is located
26 and in addition holds a National Council of Architectural
27 Registration Board Certificate may be admitted to this
28 Commonwealth for the purpose of offering to perform
29 architectural services and for that purpose only without first
30 obtaining a certificate. Architectural services, however, may
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1 not actually be performed by a foreign architect until a
2 certificate is obtained.
3 Section 10. Issuance and renewal of certificates.
4 (a) Upon payment of the fees required by section 11, an
5 individual who has complied with section 8 or 9 shall be
6 entitled to a certificate indicating that he is qualified to
7 engage in the practice of architecture in this Commonwealth.
8 Each certificate shall contain the name of the individual to
9 whom it was issued and shall be valid for a period of two years.
10 (b) Every certificate shall expire on the day prescribed by
11 rules and regulations promulgated by the board. An architect may
12 renew his certificate by paying the renewal fee required by
13 section 11(c). If the licensee fails to pay the renewal fee when
14 required and fails to notify the board of his or her intention
15 not to practice architecture, his certificate and his right to
16 practice architecture shall expire. An architect who fails to
17 renew his certificate may not engage in the practice of
18 architecture and may not thereafter renew his certificate except
19 upon payment of the renewal fee, penalty fee and the restoration
20 fee required by section 11(c).
21 (c) A duplicate certificate to replace one which has been
22 lost, destroyed or mutilated may be issued by the board upon
23 payment of the fee required by section 11(d). The board reserves
24 the right to require architects requesting duplicate
25 certificates to furnish documentation satisfactory to the board
26 relative to loss, destruction or mutilation of original
27 certificate.
28 (d) Certificates issued to architects shall not be
29 transferable.
30 Section 11. Payment and disposition of fees.
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1 (a) The fee to be paid by an applicant for licensure shall
2 be established by rules and regulations promulgated by the board
3 after consultation with the Commissioner of Professional and
4 Occupational Affairs. A fee for reexamination in the amount
5 established by the board after consultation with the
6 Commissioner of Professional and Occupational Affairs shall be
7 paid by an applicant each time he is required to take a
8 reexamination.
9 (b) The fee to be paid by an applicant who is an architect
10 licensed under the laws of another state or country, and who
11 seeks licensure pursuant to section 9, shall be established by
12 rules and regulations promulgated by the board after
13 consultation with the Commissioner of Professional and
14 Occupational Affairs.
15 (c) The fee to be paid for the renewal of a certificate and
16 the fee for the restoration of an expired certificate shall be
17 established by rules and regulations promulgated by the board
18 after consultation with the Commissioner of Professional and
19 Occupational Affairs.
20 (d) The fee to be paid for the issuance of a duplicate
21 certificate shall be established by rules and regulations
22 promulgated by the board after consultation with the
23 Commissioner of Professional and Occupational Affairs.
24 (e) Fee shall be collected and appropriated in accordance
25 with the act of July 1, 1978 (P.L.700, No.124), known as the
26 "Bureau of Professional and Occupational Affairs Fee Act."
27 Section 12. Seal of architect.
28 (a) Every architect shall obtain a seal approved by rules
29 and regulations promulgated by the board and shall impress said
30 seal on drawings, specifications and other design documents
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1 prepared by the individual or under the architect's personal
2 supervision for use in this State. An architect who impresses
3 his seal or knowingly permits it to be impressed on drawings,
4 specifications or other design documents which were not prepared
5 by him or under his personal supervision shall be guilty of a
6 violation of this act and shall be subject to the penalties
7 provided herein. Any person who impresses an architect's seal or
8 knowingly permits it to be impressed on drawings, specifications
9 or other design documents after the architect's certificate has
10 expired, or has been revoked, annulled or suspended, shall be
11 guilty of a violation of this act and shall be subject to the
12 penalties provided herein.
13 (b) A stamp of design identical to the prescribed seal may
14 be used in lieu of a seal.
15 (c) Upon the forfeiture, revocation, suspension or annulment
16 of a certificate, or upon expiration of a certificate without
17 renewal, an architect shall surrender his or her seal or stamp
18 to the board. Upon the death of an architect, his personal
19 representative shall surrender said seal or stamp to the board
20 in accordance with rules and regulations promulgated by the
21 board. The board shall have the power to take appropriate
22 action, in accordance with the "Commonwealth Attorneys Act," to
23 enforce this subsection.
24 Section 13. Firm practice.
25 (a) An individual architect or a group of architects in
26 Pennsylvania may practice architecture in one of the following
27 forms of architectural firms:
28 (1) sole proprietorship;
29 (2) partnership;
30 (3) professional association;
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1 (4) professional corporation; or
2 (5) business corporation.
3 (b) A partnership may engage in the practice of architecture
4 in Pennsylvania provided it complies with the provisions of 59
5 Pa.C.S. Ch.3 (relating to general partnerships) and that it also
6 satisfies the following requirements:
7 (1) At least two-thirds of the partners are licensed
8 under the laws of any state to practice architecture,
9 engineering or landscape architecture.
10 (2) At least one-third of the partners are licensed
11 under the laws of any state to practice architecture.
12 (c) A professional association may engage in the practice of
13 architecture in Pennsylvania provided it complies with the
14 provisions of the act of August 7, 1961 (P.L.941, No.416), known
15 as the "Professional Association Act," and must also satisfy the
16 following requirements:
17 (1) At least two-thirds of the members of the board of
18 governors are licensed under the laws of any state to
19 practice architecture, engineering or landscape architecture.
20 (2) At least one-third of the members of the board of
21 governors are licensed under the laws of any state to
22 practice architecture.
23 (d) A professional corporation shall comply with the
24 provisions of the act of July 9, 1970 (P.L.461, No.160), known
25 as the "Professional Corporation Law."
26 (e) A business corporation may engage in the practice of
27 architecture in Pennsylvania, Provided, That it complies with
28 the act of May 15, 1933 (P.L.364, No.106), known as the
29 "Business Corporation Law," and that it also satisfies the
30 following requirements:
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1 (1) At least two-thirds of the directors are licensed
2 under the laws of any state to practice architecture,
3 engineering or landscape architecture.
4 (2) At least one-third of the directors are licensed
5 under the laws of any state to practice architecture.
6 (3) At least two-thirds of all classes of voting stock
7 issued and outstanding at any one time shall be owned by an
8 individual or individuals licensed under the laws of any
9 state to practice architecture, engineering or landscape
10 architecture.
11 (4) At least one-third of all classes of voting stock
12 issued and outstanding at any one time shall be owned by an
13 individual or individuals licensed to the laws of any state
14 to practice architecture.
15 (f) A partnership, professional association or corporation
16 engaged in the practice of architecture having fewer than three
17 partners, governors, shareholders or directors under this
18 section shall have at least one partner, governor, shareholder
19 or director who is an individual duly certified to practice
20 architecture in the Commonwealth pursuant to this act.
21 (g) Each project undertaken by a firm engaged in the
22 practice of architecture in the Commonwealth of Pennsylvania
23 must be under the personal supervision of a partner in the case
24 of a partnership, a member of the board of governors in the case
25 of a professional association, a shareholder in the case of a
26 professional corporation, or a director in the case of a
27 business corporation, who holds a certificate to engage in the
28 practice of architecture in this Commonwealth pursuant to this
29 act. The seal of such individuals must appear on all drawings,
30 specifications and other design documents issued by the firm for
19810H2000B3722 - 15 -
1 such projects.
2 (h) The board shall by promulgation of rules and
3 regulations, require any partnership, professional association,
4 professional corporation or business corporation practicing
5 architecture in this State to file with the board information
6 concerning its officers, directors, partners, professional
7 association board of governors, beneficial owners and such other
8 aspects of its organization as the board deems appropriate. In
9 the administration of this subsection, the board may require
10 each partnership, professional association, professional
11 corporation or business corporation to pay an annual filing fee
12 in the amount determined by the board by promulgation of rules
13 and regulations.
14 (i) No corporation, professional association or partnership
15 may perform any act relating to the practice of architecture
16 which an individual architect is prohibited from doing.
17 (j) Nothing in this section shall be construed to prevent
18 the practice of architecture by an individual as an employee of
19 a person, partnership or corporation which is not an
20 architectural firm, provided such individual holds a certificate
21 to practice architecture in the Commonwealth in conformity with
22 the provisions of this act and the architect's seal is affixed
23 to all documents prepared by him or under his personal
24 supervision for use in this Commonwealth.
25 Section 14. Firm names.
26 An individual or group of individuals satisfying the
27 requirements of this act and engaged in the practice of
28 architecture in this Commonwealth may adopt any name which is
29 not prohibited by law or the ethics of the profession in which
30 the individual or group of individuals is engaged or by rules
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1 and regulations promulgated by the board.
2 Section 15. Permitted practices.
3 Nothing contained in this act shall be construed to prohibit:
4 (1) Persons acting under the personal supervision of an
5 architect from carrying out their normal duties in the
6 preparation of drawings, specifications and other design and
7 construction documents or in administering construction
8 contracts or in performing construction management services.
9 (2) Engineers registered under the act of May 23, 1945
10 (P.L.913, No.367), known as the "Professional Engineers
11 Registration Law," as amended, from performing the services
12 for which they are duly licensed or from performing such
13 services included in the practice of architecture as may be
14 incidental to their engineering work.
15 (3) The preparation of any shop drawings or the
16 performance of construction management services by persons
17 customarily engaged in construction work.
18 (4) The preparation of any drawings or other design
19 documents by an individual for a single-family residence of
20 any size or cost which is to be used by such individual as
21 his or her home.
22 (5) The preparation of any drawings or other design
23 documents for any utility or farm structure when such utility
24 or farm structure is used in connection with a farm
25 residence.
26 (6) The preparation of any drawings or other design
27 documents for the remodeling or alteration of a building not
28 involving structural or egress changes or additions thereto,
29 provided that the author of such plans or other design
30 documents shall not receive any compensation as the author
19810H2000B3722 - 17 -
1 thereof.
2 (7) Officers and employees of the Government of the
3 United States, while engaged within this Commonwealth, in the
4 practice of architecture for said government.
5 (8) Any person while in the regular employment of any
6 railroad, telephone or telegraph company engaged in
7 interstate commerce.
8 Section 16. Existing licenses.
9 Nothing in this act shall be construed to terminate any
10 rights of individual architects licensed and engaged in the
11 practice of architecture at the time of the passage of this act.
12 Any architect so licensed shall be allowed to continue his
13 licensure and to practice architecture in a manner consistent
14 with the provisions of this act.
15 Section 17. Existing rules and regulations.
16 Each rule and regulation of the board in effect on the date
17 of the passage of this act shall remain in effect after such
18 date until repealed or amended by the board, unless such rule or
19 regulation is inconsistent with any provision of this act.
20 Section 18. Unauthorized practice prohibited.
21 (a) Except as provided in section 9(c) and (d), no
22 individual shall engage in the practice, or offer to engage in
23 the practice of architecture in this State, or use the title of
24 architect or use any sign, card or device implying that such
25 individual is an architect, or is competent to engage in the
26 practice of architecture, unless such individual holds a
27 currently valid certificate issued pursuant to this act.
28 (b) Except as provided in section 9(c) and (d), no
29 partnership, professional association or corporation shall
30 engage in the practice or offer to engage in the practice of
19810H2000B3722 - 18 -
1 architecture in this Commonwealth, or use any title, sign, card
2 or device implying that such partnership, professional
3 association or corporation is competent to engage in the
4 practice of architecture, unless such partnership, professional
5 association or corporation complies with section 13.
6 Section 19. Disciplinary proceedings.
7 (a) The board may refuse to issue a certificate to an
8 applicant or may refuse, revoke or suspend a certificate,
9 censure an architect, issue a letter of reprimand, restrict a
10 certificate holder and attach certain conditions to a
11 certificate for any of the following acts:
12 (1) Bribery, fraud, misstatement or misrepresentation of
13 fact by an applicant in connection with this application for
14 a certificate.
15 (2) Engaging in the practice of architecture in this
16 Commonwealth in violation of any provisions of this act or
17 the rules and regulations promulgated thereunder.
18 (3) Having a license to practice architecture revoked or
19 suspended or having other disciplinary action taken by the
20 proper licensing authority of another state, territory or
21 country.
22 (4) Engaging in the practice of architecture in this
23 Commonwealth in violation of the standards of professional
24 conduct established by rules and regulations promulgated by
25 the board.
26 (5) Aiding or abetting any individual, partnership,
27 association or corporation to engage in the practice of
28 architecture in violation of any provisions of this act.
29 (6) Bribery, fraud, deceit, recklessness, gross
30 negligence or incompetence in the practice of architecture.
19810H2000B3722 - 19 -
1 (7) Use of an architect's seal in violation of section
2 12.
3 (8) Conviction of a felony or a crime involving moral
4 turpitude. Conviction shall include a finding or verdict of
5 guilt, an admission of guilt or a plea of nolo contendere.
6 (b) A plea of nolo contendere shall be deemed to be a
7 conviction for purposes of this section.
8 Section 20. Penalties.
9 (a) Any person who engages or who offers to engage in the
10 practice of architecture without holding a currently valid
11 certificate as required by this act, or any person who violates
12 any of the provisions of this act shall, for a first offense, be
13 guilty of a summary offense and upon conviction thereof shall be
14 sentenced to pay a fine not exceeding $500 or suffer
15 imprisonment not exceeding 90 days, or both, and for a second or
16 subsequent offense shall be guilty of a felony MISDEMEANOR and <--
17 upon conviction thereof shall be sentenced to pay a fine of not
18 less than $2,000 but not more than $5,000, or to suffer
19 imprisonment of not less than one year, but not more than two
20 years, or both.
21 (b) In addition to any other penalties imposed pursuant to
22 this act, any person who engages in the practice or offers to
23 engage in the practice of architecture without holding a
24 currently valid certificate as required by this act or without
25 complying with the requirements of section 13 shall return any
26 fees collected in connection with the practice or offering to
27 practice architecture.
28 (c) The right of the board to refuse to issue a certificate
29 or to refuse, revoke or suspend a certificate or censure an
30 architect or issue a letter of reprimand or restrict a
19810H2000B3722 - 20 -
1 certificate holder or attach conditions to a certificate under
2 this act shall be in addition to the penalties set forth in this
3 section.
4 Section 21. Complaint procedure and hearings.
5 (a) Any person may prefer charges against a person licensed
6 under the provisions of this act by submitting a written
7 statement of charges, sworn to by the complainant, to the board.
8 In addition, the board may, on its own motion, investigate the
9 conduct of an applicant or a licensee, and shall, in appropriate
10 cases, file a written statement of charges. The applicant or
11 architect charged shall be entitled to be represented by
12 counsel. Hearings shall be conducted in accordance with the
13 provisions for hearings of contested cases as prescribed by the
14 applicable laws and regulations relating to administrative
15 hearings.
16 (b) The hearings may be held by the board or any member
17 thereof, or by any of its duly authorized hearing examiners or
18 by any other person duly authorized by the board for such
19 purpose in any particular case. The time and place of such
20 hearing shall be fixed by the board or its duly authorized
21 hearing examiner. Any member of the board or hearing examiner
22 authorized to conduct the hearing may administer oaths and
23 conduct investigations.
24 (c) When a matter is referred to a hearing examiner for
25 hearing, such person following the completion of the testimony
26 in the hearing before him shall, with reasonable dispatch, file
27 a report with the board setting forth his findings of fact and
28 recommendation. Upon review of the record, the board by majority
29 vote, may adopt the findings in the report or may, with or
30 without additional testimony, either return the matter to the
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1 representative for such further consideration as the board deems
2 necessary or make additional or other findings of fact on the
3 basis of all the legally probative evidence in the record and
4 enter its conclusions of law and order in accordance with the
5 requirements for the issuance of an adjudication under Title 2
6 of the Pennsylvania Consolidated Statutes (relating to
7 administrative law).
8 (d) The board may, in its discretion, issue a certificate to
9 any applicant denied licensure under section 19(a) upon
10 presentation of suitable evidence of reform.
11 Section 22. Severability.
12 The provisions of this act are severable and if any section
13 shall be declared invalid or void for any reason, the remainder
14 of the act shall not be affected or impaired.
15 Section 23. Repeals.
16 (a) The following acts and parts of acts are repealed
17 absolutely:
18 Act of July 12, 1919 (P.L.933, No.369), entitled "An act to
19 regulate the practice of architecture in the Commonwealth of
20 Pennsylvania by providing for the examination and registration
21 of architects by a State Board of Examiners; defining the power
22 and duties of said board of examiners; and providing penalties
23 for the violation of this act."
24 Section 422, act of April 9, 1929 (P.L.177, No.175), known as
25 "The Administrative Code of 1929."
26 (b) All acts or parts of acts inconsistent herewith are
27 hereby repealed.
28 Section 24. Effective date.
29 This act shall take effect immediately.
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