Complaints and Enforcement

The Ohio Board of Examiners of Architects is authorized under Chapters 4703 of the Ohio Revised Code and Ohio Administrative Code to regulate, enforce and investigate alleged violations of its laws and rules by architects and non-architects.

Common violations committed by architects are plan stamping, aiding & abetting, practicing with a lapsed license, code of conduct violations and offering architectural services through a firm not holding a Certificate of Authorization. Non-Architects usually commit violations such as engaging in the unlicensed practice of architecture and the illegal advertisement of architectural services.

To file a complaint or discuss an enforcement matter, contact:

Chad B. Holland, Investigator
State of Ohio
Board of Examiners of Architects
77 South High Street, 16th Floor
Columbus, Ohio 43215-6108
Tel: (614) 466-1476
Fax (614) 644-9048
Email: chad.holland@arla.state.oh.us

How to File a Complaint

All complaints against architects or non-architects must be made in writing. Complaints may be mailed, faxed, or emailed to the Board Investigator.

All complaints must be signed and complete contact information included.

Complaints must contain a detailed factual summary of the issue along with supporting documentation, such as contracts, invoices, correspondence, letterhead, business cards, construction documents, photos etc.

Most documentation received by the Board is considered public record, and therefore is subject to Ohio's Public Records Act.

The Complaint Process

After an official written complaint has been filed, the complainant will receive written confirmation from the Board indicating the complaint was received. The complaint is reviewed by the Board Investigator to determine if it is within the Board's jurisdiction or if further investigation and information is required.

If the complaint appears to be within the jurisdiction of the Board, the respondent will be sent via certified mail, a copy of the complaint and given (20) twenty days to provide a written response to the allegation. Once a response is received, the case information, including the original complaint and response, is presented to the full Board at a regular meeting. The Board then has the option to close the case citing no violation, settle the matter informally, gather further information, or file formal charges against the architect.

If charges are filed, the architect is issued a "Notice of Opportunity" letter outlining the specific charges and offered the opportunity for an administrative hearing under Chapter 119 of the Ohio Revised Code. If a hearing is not requested, the Board will review the evidence it has and decide the appropriate disciplinary action and issue a Final Order.

If an administrative hearing is requested, such hearing will take place before an impartial Hearing Officer. The architect may be represented by an attorney. After hearing the evidence and testimony presented, the Hearing Officer, generally within (30) thirty days, will issue a Report and Recommendation to the Board. The Board will review and consider the Report and Recommendation and either accept, reject, or modify the Report and Recommendation. The Board then decides on the appropriate disciplinary action and issues a Final Order.

Disciplinary action taken against an architect may include:

• Settlement Agreement
• Monetary Fine
• Reprimand
• Probation
• Suspension
• Revocation

The Board's Final Order can be appealed to the Court of Common Pleas and subsequent appeals can be made to the Court of Appeals and the Ohio Supreme Court.

The Board does not have jurisdiction over unlicensed persons practicing architecture, therefore cannot take disciplinary action against them. However, after an investigation, in order to prohibit further unlicensed activity, the Board may seek a settlement agreement, a court injunction, or refer the case to the prosecutor for criminal prosecution.

Alternatives to Filing a Complaint with the Board

1. Discuss the issue with the architect or their supervisor
2. Small Claims Court
3. Civil Court
4. Arbitration or mediation
5. Contact the Better Business Bureau
6. File an Ethics Complaint with The American Institute of Architects (AIA), if the individual is a member of the AIA.

What the Board Does Not Investigate

Be advised that the Board generally does not become involved in contractual matters or financial disputes between an architect and a client, unless it involves an allegation that services were billed for, but were not rendered, or if there is evidence of fraud. Usually, these issues are considered civil matters and should be pursued in a court of law.

Additionally, the Board does not establish, set, or review costs and fees for architectural services. Architectural fees and costs are a private business matter between an architect and a client. However, if wrongdoing by an architect is proven in a court of law, send the Board a certified copy of the order issued by the court and the Board's Investigator will review the matter.

Enforcement Actions

The following files are the final results of investigative matters against architects or non-licensed persons, where an official finding of wrong doing was determined, a settlement agreement was entered into or compliance was otherwise obtained. Only the names of those where an official finding was determined or those who entered into settlement agreements are published.

Please note that each file gives a brief description of the case and the code sections allegedly violated. For more specific information regarding a case, contact the Board's Investigator.

Consents/Actions

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