30 Miss. Code. R. 202-3.1
The Committee shall follow the disciplinary procedures in the Rules and Regulations of the Mississippi State Board of Architecture (Title 30, Part 201, Chapter 5), to the extent that such Rules and Regulations are consistent with the Laws, Rules, and Regulations for landscape architects specifically excepting that any discipline to be imposed against a landscape architect shall be governed by the disciplinary guidelines set forth in Title 30, Part 202, Chapter 3 of the Rules and Regulations of the Landscape Architecture Advisory Committee.
The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating the Law and Rules of the Board. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of the law. The disciplinary guidelines are based upon a single count violation of each provision listed. 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, i.e., suspension, revocation, etc., including lesser penalties, i.e., fine, probation, or reprimand which may be included in the final penalty at the Board's discretion.
The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the above mentioned statutes and rules:
A. Failure to stamp plans | 1.11.2 | Reprimand and $250 fine |
B. Failure to superimpose signature and/or date of execution over stamp | 1.11.3 | Reprimand and $250 fine |
C. Providing work not competent to perform | 2.2.3 | Reprimand and $1,000 fine |
D. "Plan Stamping" | 2.6.2 | Reprimand and $1,000 fine |
E. Attempting to procure license by providing false, deceptive or misleading information | §73-2-16 | Revocation and $1,000 fine (denial of license if application in process) |
F. Licensee disciplined by another jurisdiction | 2.5.4 | Committee discretion |
G. Conviction by any court of a felony relating of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence | §73-2-16 | 1 year suspension, 2 year probation and $1,000 fine |
H. Practice on suspended license | §73-2-16 | Revocation and $1,000 fine |
I. Practice on inactive license | §73-2-16 | Fine based on length of time in practice while inactive; penalty will require licensee to renew license or cease practice |
J. Practice on revoked license | §73-2-16 | Fine based on length of time in practice while revoked |
K. False, deceptive or misleading advertising | §73-2-16 | Cease and desist letter |
L. Fraudulent advertising | §73-2-16 | Public Reprimand, $1,000 fine and 1 year probation |
M. Negligence | §73-2-16 | Reprimand, 2 years probation and $1,000 fine |
N. Fraud or Deceit | §73-2-16 | Reprimand, 1 year suspension, 2 years probation and $1,000 fine |
O. Incompetence (mental or physical impairment) | 2.2.4 | Suspension until ability to practice proved, followed by probation |
P. Bribery to obtain clients or commissions | 2.5.3 | Revocation and $1,000 fine |
Q. Undisclosed conflict of interest | §73-2-16 2.3 | Reprimand, $1,000 fine and 2 years probation |
R. Aiding unlicensed practice | Rule 2.5.2 | Reprimand and $1,000 Fine |
The Committee shall be able to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of final penalty.
The Committee shall also have the right to collect any legal and/or administrative charges incurred by the agency during the course of the investigation.
30 Miss. Code. R. 202-3.1