30 Miss. Code. R. 201-5.1

Current through December 10, 2024
Rule 30-201-5.1

Set forth below are guidelines from which disciplinary penalties will be imposed by the Board upon practitioners found guilty of violating the law and/or rules of the Board. One purpose of the guidelines is to give notice to licensees and others under the Board's jurisdiction of the range of penalties the Board may impose for violations of particular provisions of the law and/or rules. The guidelines are not meant to be all encompassing, are not meant to address every disciplinary circumstance that might occur and there may be other causes for the imposition of discipline not mentioned below upon which the Board may act.

The guidelines are based upon a single count violation of each provision listed and are a guideline only. Multiple counts of violations of the same provision of the law or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint, will be grounds for enhancement of penalties. The Board shall be able to add to or deviate from the guidelines upon showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final decision. The maximum penalty for any violation is revocation and a $5,000 fine per violation.

The guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees, applicants, intern architects, licensure candidates and examination candidates for violation of the above-mentioned statutes and rules. The Board shall have the right to collect any legal, investigative, and/or administrative charges incurred by the Board during the course of the investigation. In addition to the above sanctions, the Board may also require the individual to take and successfully pass a state jurisprudence examination as a condition precedent to final resolution of the disciplinary action.

Disciplinary Penalties:

A. Failure to stamp plans (4.5.5; 3.2.4):

Minimum Penalty-Letter of reprimand and $500 fine

B. Failure to sign over stamp (73-1-35; 3.2.4; 4.5.7):

Minimum Penalty-Same as (A) above

C. Providing work not competent to perform (4.1.1; 4.1.3):

Minimum Penalty-Reprimand and $2,500 fine

D. "Plan Stamping" (73-1-35; 3.2.4; 4.5.2; 4.5.5; 4.5.9):

Minimum Penalty-Suspension and $2,500 fine

E. Attempting to procure a license by providing false, deceptive or misleading information (73-1-13diii; 73-1-29b; 4.4.5):

Minimum Penalty-Revocation and $2,500 fine if licensed (denial of license if application in process)

F. Licensee disciplined by another jurisdiction (4.3.1; 4.3.4):

Minimum Penalty-Board discretion

G. Criminal conviction (73-1-29g; 4.3.1):

Minimum Penalty-Misdemeanor: reprimand and $2,500 fine

Minimum Penalty-Felony: One (1) year suspension, one (1) year probation and $2,500 fine

H. Practice on suspended license resulting from disciplinary action by Board (73-1-29e):

Minimum Penalty-Revocation and $5,000 fine

I. Practice on inactive license (73-1-27; 73-1-29e; 2.3):

Minimum Penalty-Fine based on length of time in practice while inactive; $1,000 per month (penalty will require licensee to renew license or cease practice)

J. Practice on revoked license based on non-payment of renewal fee (73-1-27; 73-1-29e; 2.3):

Minimum Penalty-Fine based on length of time in practice while revoked; $1,000 per month

K. Fraudulent, false, deceptive or misleading advertising (73-1-1; 3.2.2; 3.2.3; 3.2.9; 3.2.11):

Minimum Penalty-Cease and desist letter and public reprimand

L. Negligence (73-1-29c; 4.1.1; 4.1.3):

Minimum Penalty-Reprimand, one (1) year probation and $2,500 fine

M. Fraud or Deceit (73-1-29h; 4.5.4):

Minimum Penalty-Reprimand, one (1) year suspension, one (1) year probation and $2,500 fine

N. Incompetence (mental or physical impairment) (4.1.4):

Minimum Penalty-Suspension until ability to practice proved, followed by probation

O. Bribery to obtain clients or commissions (4.3.3; 4.5.3):

Minimum Penalty-Revocation and $5,000 fine

P. Undisclosed conflict of interest (73-1-29i; 4.2.1):

Minimum Penalty-Reprimand, $2,500 fine and one (1) year probation

Q. Aiding unlicensed practice (3.2.6(c); 4.3.2; 4.4.7; 4.4.8):

Minimum Penalty-Probation and $2,500 fine

R. Practicing architecture without a license (73-1-1; 73-1-13d/v; 73-1-29a; 2.2):

Minimum Penalty-Reprimand and $2,500 fine (denial of license if application in process)

S. Practicing architecture through a business corporation or through a business entity that is not provided on the architect's record with the Board (73-1-19; 3.2.12):

Minimum Penalty-$2,500 fine and test on Board laws and rules

T. Violating the provisions of the construction administration rule (3.2.16):

Minimum Penalty-$1,500 fine

30 Miss. Code. R. 201-5.1

Miss. Code Ann. § 73-1-29(4)
Amended 6/1/2016
Amended 6/10/2017
Amended 3/11/2019