Section 3.7.9 Disciplinary Proceedings

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 3.7.9 Disciplinary Proceedings

As part of its enforcement function, the Board of Technical Registration investigates complaints against design professionals and imposes disciplinary sanctions against registrants who violate a statute or rule enforced by the Board.⁵³ The Board also has the legal authority to petition the superior court to enjoin the practice of a registered profession by nonregistrants, and assess monetary penalties of no more than $2,000 per violation.⁵⁴

While this process is not often utilized, the Technical Registration Act also directs the attorney for a plaintiff filing a civil malpractice action against a registered design professional to send a copy of the complaint to the Board, together with a report containing the name and address of the parties, the address of the registrant providing services to plaintiff, and a statement specifying the nature of the occurrence giving rise to the lawsuit.⁵⁵ On receipt of this report, the Board initiates an investigation to determine whether a statute or rule enforced by the Board has been violated.⁵⁶ The plaintiff’s report is deemed confidential and is not discoverable as evidence until the Board’s investigation is complete.⁵⁷

The Board will also investigate and, if justified, take disciplinary action against a registrant whenever it receives evidence of a possible violation of the...