ORDERS:
ORDER
This matter came before me on Petitioner's Complaint for Injunctive Relief, filed with this
Court on February 21, 1997. This matter was heard at the Administrative Law Judge Division, in
Columbia, South Carolina, on June 5, 1997. Petitioner was represented at the hearing by Richard W.
Simmons, II, Petitioner's Attorney of Record. Respondent, who has heretofore proceeded am se,
failed to appear at the hearing for this matter.
Upon consideration of the pleadings filed in this matter, the arguments of counsel for
Petitioner; and further, pursuant to South Carolina ALJD Rule 23, I make the following findings and
conclusions:
1. That this action was duly and properly commenced by service of a Summons and
Complaint upon the Respondent.
2. That the Complaint properly states a cause of action for an injunction and this Court
has personal jurisdiction over the parties and subject matter jurisdiction over this
cause of action.
3. That the Respondent timely filed and served an Answer upon the Petitioner.
1 of 3
4. That the Respondent has been given due and proper notice of the date, place and
time
for the hearing of this matter.
5. At all times relevant to the allegations set forth in Petitioner's Complaint,
Respondent
was not licensed by the Petitioner to offer architectural services or practice as an
architect in South Carolina. Further, Respondent is not presently licensed by the
Petitioner.
6. From approximately November 13, 1967 to approximately June 30, 1970,
Respondent
was the holder of a valid license to practice architecture in South Carolina. This
license was never renewed and expired on June 30, 1970.
7. On or about November 30, 1995, Respondent placed his invalid, expired South
Carolina Architectural Seal on a set of design drawings he prepared for Enon Baptist
Church, said church being located in the city of Clover, York County, South Carolina.
8. On or about January 18, 1996, Respondent placed his invalid, expired South
Carolina
Architectural Seal on a set of design drawings he prepared for the Church of God of
Prophecy, said church being located in the city of York, York County, South
Carolina.
9. Respondent's conduct constitutes the practice of architecture, architectural practice
being defined by S.C. Code Ann. § 40-3-10 (2) (1986). Respondent is not licensed
to practice architecture in this State, therefore, Respondent's conduct constitutes a
direct violation of S.C. Code Ann. § 40-3-20 (1986).
2 of 3
10. Respondent has indicated to the Office of the State Board Of Architectural Examiners
that his conduct was not illegal and that he will not refrain from such conduct in the
future.
11. Respondent's violation of the Architectural Practice Law and propensity for further
violation of said law will create the potential for public harm and Petitioner has no
other adequate remedy at law.
NOW, THEREFORE, IT IS HEREBY ORDERED that Respondent, Fred M. Simmons d/lo/a
Fred M. Simmons & Associates, be and he hereby is, effective immediately, permanently enjoined from
further violation of S.C. Code Ann. §40-3-10, et beg,. (Supp. 1996). Specifically, Respondent is enjoined
from practising architecture or otherwise offering architectural services in this State until such time as
he properly registers and obtains a license from Petitioner.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
Edgar A. Brown Building
1205 Pendleton Street
Columbia, South Carolina 29201
June 25, 1997.
3 of 3
|
