07 LC 38
0417S
The
House Committee on Regulated Industries offers the following substitute
to
SB 237:
A
BILL TO BE ENTITLED
AN ACT
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 met
the educational and training requirements set forth in paragraph (1), (2), or
(3) of subsection (b) of this Code section
and 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
such
the
person from
committing
further
violating
such Code section
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
may
pursuant to
subsection (a) of this Code section shall
be made only after notice to such person is given and a hearing is
held.
(b)
The board shall be authorized to impose a civil fine not to exceed $5,000.00 for
each separate violation of a cease and desist order issued under subsection (a)
of this Code section upon any person violating such order. For purposes of this
subsection, each day a person is in violation of a cease and desist order issued
under this Code section shall constitute a separate violation.
(c)(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.
(d)(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.