NCARB 2013 Annual Report

 

Chair: Kristine A. Kubes, J.D., PM

Minnesota Member Board Member

Professional
Conduct

Committee

The Professional Conduct Committee oversees the development, application, assessment, and adjudication of Council policies and practices relating to the professional conduct of Record holders and others using Council services. It also recommends disciplinary actions to the Board of Directors as warranted.

Committee Members: Pedro L. Alfaro Jr., AIAPuerto Rico Member Board Member Peter H. Jennings, AIA, NCARBDelaware Member Board Member Debra A. EllisColorado Member Board Member Dawne BroadfieldRhode Island Member Board Executive Robert Lopez, RANew York Member Board Executive William B. Forbush III, Esq., Legal Counsel Christopher P. Williams, AIA, NCARB Board LiaisonNew Hampshire Member Board Member Demetrius Norman, StaffHighlights/Year-End Summary

This year, the Professional Conduct Committee (PCC) reviewed two potential disciplinary cases, recommended revisions to the Committee's Rules of Procedure, and ratified 52 staff actions.

 

SUMMARY OF CHARGES

●  Discussed a proposed new section of the Rules of Procedure, which is the internal document that outlines how the committee handles disciplinary cases, to address petitions for relief from a Board disciplinary action.

○  Determined that petitions for relief would be permitted only for the purpose of submitting newly revealed information, not for purposes of reconsidering the facts at issue or re-evaluating the extent of a particular sanction assessed by the Board (e.g., a five-year suspension versus a three- year suspension).

●  Concluded that the same standard and time period (12 months) for reinstatement of a revoked Certificate under Rules of Procedure: Section 3 should apply to reapplication after a denied certification under Section 4.

●  Reviewed proposed changes in the Rules of Procedure to add specific references to misconduct in connection with the Broadly Experienced Architect (BEA) Program and the Broadly Experienced Foreign Architect (BEFA) Program. Confirmed internal procedures for handling such cases.

●  Reviewed 52 "staff action" cases involving disciplinary actions taken by Member Boards. Confirmed that  the Rules of Procedure permit NCARB staff, with or without the direction of PCC, to issue warning letters to NCARB Record holders in connection with the re- ported disciplinary actions taken by Member Boards.

●  Received a report on staff efforts to monitor websites for potential disclosures of ARE content and to issue "take down" orders for disclosures of ARE content.

●  Considered a disciplinary case for an ARE candidate who was admitted to the testing center without valid identification under the NCARB Rules and consulted study materials while on a scheduled break during the examination.

○  Concluded that the candidate violated the test center regulations and the ARE Guidelines. Recommended that the Board cancel the exam score and suspend the candidate's test-taking privileges for a six-month period beginning from the date the canceled test was administered.