ORDERS:
CONSENT ORDER
Pursuant to the Petition for
Injunctive Relief and for monetary sanctions filed by the Petitioner, South
Carolina Department of Labor, Licensing and Regulation, State Board of
Architectural Examiners of South Carolina, the parties, by and through Counsel
agree as follows:
1. That the
Petitioner is an agency of the State of South Carolina vested with the
authority to regulate the practice of architecture in this State pursuant
to S.C. Code of Laws § 40-3-10 et. seq.
2. That Respondent
is a citizen and resident of South Carolina and this Court has subject matter
jurisdiction over this Cause of Action.
3. That Respondent,
Christopher McCarthy, has held South Carolina Architectural License No. 6759,
having held such license since February of 2004, said license having lapsed due
to non-renewal. That Christopher McCarthy Architects (CMA) is not, and has
never been, a licensed architectural firm in South Carolina. That the
Respondent is currently a licensed architect in the State of New York and
holder of an NCARB Certificate, and that further, Respondent has reapplied to
the Petitioner Agency for renewal and or re-licensing of his South Carolina
Certificate.
4. The Petitioner is
in the process of confirming that Respondent is current on the Continuing
Architectural Education requirements for re-licensing.
5. That Respondent admits
that from time to time during the period from June of 2004, when his South
Carolina license lapsed, to the present, he has engaged in the practice of
Architecture in the State, and represents to the Court and Petitioner that
during this period, he was engaged in several changes of address, and was
inadvertent in permitting his South Carolina license to lapse, and concedes
that during the period at issue, he wrongfully held himself out as an Architect
in this State, when in fact his license had lapsed.
6. That since receipt of the
Petition herein, Respondent has ceased to hold himself out as an Architect in
this State, and has not engaged in activities in this State which would consist
of the practice of Architecture.
That, accordingly, based upon the
recitations above, the Parties consent as follows:
a. Respondent agrees
to Cease and Desist in the practice of Architecture in this State and/or hold
himself out as an architect in this State, until he is able to accomplish
re-licensure; and as such, the Petitioner is granted an injunction against
Respondent enjoining the Respondent from engaging, in the practice of
architecture or holding himself out as an architect in this state until such
time as he is properly licensed with the Petitioner;
b. Respondent agrees
to Cease and Desist from advertising or practicing in the name of an
architectural firm until or unless any such firm is properly registered with
the S.C. Secretary of State’s Office and until or unless such firm is properly licensed
with the Petitioner;
c. Respondent agrees
to pay a sanction to the Petitioner in the amount of Four Thousand ($4,000.00)
Dollars within thirty days of the execution of this Consent Agreement;
d. Respondent agrees
that failure to meet the conditions of this Consent Agreement will result in denial
of the reinstatement application. Upon compliance with the terms of this
Agreement, the Respondent will be issued a license to practice architecture in
this state, at which time, the Respondent will be responsible for complying
with all the applicable laws and regulations governing said practice;
e. That this order
is a public document subject to disclosure and dissemination, including
publication of the same, on the Petitioner’s website, pursuant to the S.C.
Freedom of Information Act; and
f. Respondent’s
failure to fully comply with this Consent Agreement may result in contempt
proceedings before this Court which may result in additional sanctions against
the Respondent;
AND IT IS SO ORDERED.
__________________________________________
Carolyn
C. Matthews
South Carolina Administrative Law Judge
March 5, 2008
Columbia, South Carolina
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