The Board may, by majority vote after a hearing conducted in
accordance with M.G.L. c. 30A and
801 CMR 1.00et.
seq., take disciplinary action against any architect who holds a
certificate of registration issued pursuant to M.G.L. c. 112, §§ 60A
through 60O and
231 CMR 3.00. Grounds for such
disciplinary action shall include, but shall not be limited to:
(a) Engaging in, authorizing, or aiding or
abetting fraud, deceit, misrepresentation of material facts, the provision of
false or forged evidence, or bribery in connection with any application for a
certificate of registration;
(b)
Engaging in cheating on the A.R.E., engaging in any conduct which is prohibited
by the rules governing the administration of the A.R.E., or engaging in any
conduct which otherwise compromises the integrity or security of all or any
portion of the A.R.E.;
(c) Engaging
in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of
material facts, the pro vision of false or forged evidence, or bribery in
connection with his or her practice of architecture or performance of
architectural services;
(d)
Violating any provision of any state or federal law or regulation relating to
the practice of architecture, including but not limited to any provision of
M.G.L. c. 112, § 60G or any provision of
231 CMR
4.01 through
231
CMR
4.04;
(e) Engaging in gross misconduct in the
practice of his or her profession as an architect;
(f) Practicing with gross incompetence or
gross negligence on a particular occasion, or engaging in a pattern of repeated
negligent practice;
(g) Knowingly
permitting, allowing or aiding or abetting the placement of his or her
professional seal or signature on any plans, specifications, drawings or other
technical submissions which have not been prepared in accordance with the
requirements of
231 CMR
4.01(5);
(h) Practicing while his or her ability to
practice is impaired by alcohol, drugs, physical disability or mental
illness;
(i) Knowingly permitting,
or aiding or abetting, an unlicensed person to perform architectural services
which require a license for purposes of fraud, deception or personal
gain;
(j) Having been convicted of
any criminal offense which reasonably calls into question his or her fitness or
ability to practice as an architect; or
(k) Engaging in any conduct which results in
suspension, revocation or other loss of his or her NCARB registration.
For purposes of 231 CMR 4.05, the term "disciplinary action"
shall include, but shall not be limited to: denial, revocation or suspension of
a certificate of registration; refusal to renew a certificate of registration;
issuance of a letter of censure; issuance of a formal written reprimand; or
placement of a registered architect on probation.
