Licensing: Enforcement

Statement. The American Institute of Architects advocates vigorous enforcement of architectural licensing laws by the states and recommends that penalties be assessed for unlicensed practice as well as for incompetent or improper practice by licensees.

Explanation. Adequate enforcement of licensing statutes is essential to ensure the protection of public health, safety, and welfare. Historically, in most states there has been very little inadequate enforcement of licensing laws. rules, and regulations statutes. States have the responsibility to provide a mechanism with adequate funding to investigate consumer complaints₁ to revoke or suspend licenses impose fines and penalties for violations of architectural practice acts and for the practice of architecture without a license, to hold administrative hearings ensuring due process to initiate actions for injunctions, and to bring forward civil or criminal charges to the proper authorities. States should also offer the architectural professional associations the opportunity to provide technical assistance.

Adequate enforcement of licensing laws requires the following:

• Clear and legally appropriate language in the laws statutes and governing rules.

• Clear administrative, enforcement, and judicial procedures.

• Increased understanding, among legislative and enforcement authorities, of the impact of unlicensed activity on the public health, safety, and welfare.

• Sufficient funding for investigation and enforcement.

• Increased public awareness of avenues for consumer redress.

• High & level of prosecutorial activity.

• Willingness of the licensing board to initiate investigations.

• Willingness of practitioners to report, document, and testify on complaints.

• Active involvement of AlA state components in monitoring enforcement and providing technical assistance.

This policy is one of an integrated group of policies on licensing issues.

Board Approval - May 1991

September 2000 Committee Recommendation: Revise