07 SB237/AP
Senate
Bill 237
By:
Senator Johnson of the 1st
AS PASSED
AS PASSED
AN
ACT
To
amend Article 1 of Chapter 4 of Title 43 of the Official Code of Georgia
Annotated, relating to general provisions relative to architects, so as to
change certain provisions relating to the adoption of rules, regulations, and
standards of conduct by the Georgia State Board of Architects and Interior
Designers; to change certain provisions relating to the qualifications of
applicants for examination or a certificate of registration; to change certain
provisions relating to cease and desist orders issued by the board and civil
penalties and judicial review for such orders; to provide for related matters;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating
to general provisions relative to architects, is amended by revising Code
Section 43-4-9, relating to the adoption of rules, regulations, and standards of
conduct, as follows:
"43-4-9.
(a)
The board shall adopt all necessary rules, regulations, and standards of
conduct, not inconsistent with this chapter and the Constitution and laws of
this state and of the United States, to carry out this chapter and to safeguard
life, health, and property.
(b)
The board shall post all current laws, rules, regulations, and standards of
conduct relating to the practice of architecture in this state on the
board´s official website. The board shall also provide on the website
notification of recent changes in such laws, rules, regulations, or standards
and information pertaining to disciplinary actions taken by the board.
Individual notice of changes in such laws, rules, regulations, or standards
shall be sent by the board at least once a year to each registered architect and
building official. Individual notice may be sent by e-mail or regular
mail."
SECTION
2.
Said
article is further amended by revising subsection (c) of Code Section 43-4-11,
relating to the qualifications of applicants for examination or a certificate of
registration, as follows:
"(c)
The applicant for a certificate of registration who has been registered as an
architect by another jurisdiction shall hold a National Council of Architectural
Registration Boards´ certificate and a certificate of registration in such
other jurisdiction, both of which shall be current and in good standing in order
to meet the requirements of this subsection."
SECTION
3.
Said
article is further amended by revising Code Section 43-4-18, relating to cease
and desist orders, civil penalties, and judicial review, as
follows:
"43-4-18.
(a)
Notwithstanding any other provisions of the law to the contrary, upon the board
determining that a person is violating the provisions of Code Section 43-4-14,
43-4-16, or 43-4-17, the board may issue a cease and desist order prohibiting
the person from committing further violations and may impose a fine not to
exceed $10,000.00 for each violation. In determining the fine amount to be
imposed, the board shall consider the severity of the violation.
(b)
For purposes of this Code section, each day a person is in violation of the
provisions of Code Section 43-4-14, 43-4-16, or 43-4-17 shall constitute a
separate violation.
(c)
A determination by the board pursuant to subsection (a) of this Code section
shall be made only after notice to such person is given and a hearing is
held.
(d)
Initial judicial review of any decision of the board made pursuant to this Code
section or any action for enforcement thereof shall be available solely in the
superior court of the county of domicile of the board.
(e)
Nothing in this Code section shall be construed to prohibit the board from
seeking remedies otherwise available by statute without first seeking a cease
and desist order in accordance with the provisions of this Code
section."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval, and Section 3 of this Act shall apply to
violations committed on or after the effective date of this Act.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.