All
complaints against landscape architects or non-landscape 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 received, 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 a copy of the complaint by certified
mail and given (20) twenty days to provide a written response
to the allegation. Once a response has been 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 landscape architect.
If
charges are filed, the landscape 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 and determine the appropriate
disciplinary action and issue a Final Order.
If
an administrative hearing is requested, the hearing will take
place before an impartial Hearing Officer and the landscape
architect may be represented by an attorney at the hearing.
After hearing the evidence and testimony, the Hearing Officer
will issue a Report and Recommendation to the Board. The Hearing
Officer's report is usually issued within 30 days of the hearing.
The Board will review and consider the Report and Recommendation
and may 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 a landscape architect may include:
