Butts

Business and Professions Code section 5586, which became effective on January 1, 1995, provides: "The fact that the holder of a license has had disciplinary action taken by any public agency for any act substantially related to the qualifications, functions, or duties as an architect constitutes a ground for disciplinary action." (Stats.1994, ch. 258, § 2; unless otherwise specified, further statutory references are to the Bus. & Prof.Code.) Pursuant to this statute, respondent California Board of Architectural Examiners (hereafter "the California Board") sought revocation of the architect's license of appellant Kenneth Butts on the ground that discipline had been imposed on Butts in other jurisdictions in 1993, 1994, 1995 and 1996, all based on a single act of misconduct committed in 1993.

Butts argued that the prior discipline could not be used against him because his misconduct occurred before section 5586 took effect. An administrative law judge disallowed use of the 1993 and 1994 foreign disciplinary orders, but found that the 1995 and 1996 orders provided a sufficient basis for disciplining Butts in California. We find that the presumption against retroactive…