disciplinary action.
(a) The board may refuse to issue, refuse to renew, suspend, revoke or limit any license, temporary permit, certificate of authorization or practice privilege and may take disciplinary action against a licensee, permittee or certificate of authorization holder who, after notice and a hearing, has been adjudged by the board as unqualified for any of the following reasons:
(1) Fraud, misrepresentation or deceit in obtaining or maintaining a license, temporary permit or certificate of authorization;
(2) Failure by any licensee, permittee or certificate of authorization holder to maintain compliance with the requirements for the issuance or renewal of a license, temporary permit or certificate of authorization;
(3) Dishonesty, fraud, professional negligence in the performance of landscape architectural services, or a willful departure from the accepted standards of landscape architecture and the professional conduct of landscape architects;
(4) Violation of any provision of this article or any rule promulgated hereunder;
(5) Violation of any professional standard or rule of professional conduct;
(6) Failure to comply with the provisions of this article or any rule promulgated hereunder;
(7) Failure to comply with any order or final decision of the board;
(8) Failure to respond to a request or action of the board;
(9) Conviction of a crime involving moral turpitude;
(10) Conviction of a felony or a crime involving dishonesty or fraud or any similar crime under the laws of the United States, this state or another jurisdiction, if the underlying act or omission involved would have constituted a crime under the laws of this state;
(11) Any conduct adversely affecting the licensee's, permittee's or certificate of authorization holder's fitness to perform landscape architectural services; or
(12) Knowingly using any false or deceptive statements in advertising.
(b) If the board suspends, revokes, refuses to issue, refuses to renew or limits any license, temporary permit, certificate of authorization or practice privilege, the board shall make and enter an order to that effect and give written notice of the order to the person by certified mail, return receipt requested, which order shall include a statement of the charges setting forth the reasons for the action, and notice of the date, time and place of the hearing. If a license, temporary permit, certificate of authorization is ordered suspended or revoked, then the licensee, permittee or certificate of authorization holder shall, within twenty days after receipt of the order, return the license, temporary permit, certificate of authorization to the board. The hearing shall be held in accordance with the provisions of this article.
(c) Disciplinary action includes, but is not limited to, a reprimand, censure, probation, administrative fines, and mandatory attendance at continuing education seminars.
Structure West Virginia Code
Chapter 30. Professions and Occupations
Article 22. Landscape Architects
§30-22-1. License Required to Practice
§30-22-5. Board of Landscape Architects
§30-22-6. Powers and Duties of the Board
§30-22-7. Rule-Making Authority
§30-22-8. Fees; Special Revenue Account; Administrative Fines
§30-22-9. Education, Experience and Examination Requirements for Licensure
§30-22-10. License Requirements
§30-22-11. License From Another Jurisdiction; License to Practice in This State
§30-22-12. License Renewal Requirements
§30-22-13. Inactive License Requirements
§30-22-14. Retired License Requirements
§30-22-19. Certificate of Authorization Requirements
§30-22-20. Certificate of Authorization Renewal Requirements
§30-22-21. Display of Certificate of Authorization
§30-22-22. Exemptions From Article
§30-22-23. Refusal to Issue or Renew, Suspension or Revocation;
§30-22-24. Complaints; Investigations; Notice
§30-22-25. Hearing and Judicial Review