Gustard

Gustard v. McCauley CA3

Good Law
Court of Appeal of CaliforniaNovember 1, 2022C087404California6,504 words

Opinion

Opinion

FACTS AND HISTORY OF THE PROCEEDINGS

The Board is the state agency that regulates the practice of architecture in California. (Bus. & Prof. Code, § 5510.1.) It issues landscape architect licenses and has sole authority to discipline licensees. (Bus. & Prof. Code, §§ 5620, subd. (d), 5629.)

The Board also has jurisdiction over the Landscape Architects Technical Committee (Committee). The Committee regulates the practice of landscape architecture in the state. (Bus. & Prof. Code, §§ 5620, 5621, subd. (a).) The Board issued a landscape architect license to plaintiff in 2003. In 2012, plaintiff pleaded guilty in federal court to one count of distributing child pornography in violation of title 18 of the United States Code section 2252(a)(2)(B). Plaintiff was sentenced to a prison term of 120 months and 10 years of supervised release. Plaintiff was incarcerated outside of California during the administrative and judicial proceedings at issue. Plaintiff’s landscape architect license expired on December 31, 2013. There is a factual dispute over whether plaintiff applied to renew his license before it expired. Defendant and respondent Douglas R. McCauley, the Board’s executive…

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