Peter Proctor, a New Mexico registered architect, files a complaint with the NM Board of Examiners for Architects against Lauren Tootal. He claims that Tootal is practicing architecture illegally, as she is not listed on the Board’s web site roster.

The Board investigator contacts Ms. Tootal, who says she is a foreign educated architect whose education and credentials are in the process of being reviewed by the National Council of Architectural Registration Boards (NCARB). Tootal admits to acting as the architect on a project for Amtrak being done at their terminal in Lamy, New Mexico. Tootal also informs the investigator that she and Proctor had been involved in a romantic relationship that had ended when she found out that Proctor was evading paying his child support from a previous marriage. When she confronted Proctor about this he became intoxicated and an altercation followed after which Proctor was arrested and found guilty of assault. She claims that Proctor is trying to malign her to the Board to prevent her from becoming licensed in New Mexico.

The investigator visits Proctor in his office. She does not see any indication in the office that Proctor is a practicing architect. Proctor refuses to talk to the investigator and demands that the investigator leave his office, which the investigator does immediately. The investigator then sends Proctor a certified letter containing several questions regarding his complaint against Tootal. Proctor refuses to respond to the letter.

The investigator obtains court documents that indicate Proctor has an extensive record of alcohol abuse, which includes three convictions for driving while under the influence of alcohol. One of these convictions occurred in another state where Proctor had been a registered architect. After the conviction his registration there had been revoked.

5.1 (a)

In order to file a complaint with the NM Board of Examiners for Architects, which of the following applies:
A sworn affidavit must be obtained from the District Attorney’s office.
A complaint form may be obtained from the Board’s web site.
The complainant must make the complaint in person at the Board office.

5.1 (b)

It is possible for an architect to be registered in New Mexico and not listed in the roster on the web site.

5.2 (a)

Architects educated and registered in a foreign country may apply directly to New Mexico for registration.

5.2 (b)

Regarding Tootal acting as an architect, which of the following is most applicable:
Tootal must have a New Mexico architectural registration.
Tootal would need written approval from the Board to practice on a one-time basis.
Tootal does not need to be registered if she is an employee of Amtrak.

5.3 (a)

Regarding the details of the incident between Tootal and Proctor, which of the following applies:
If Proctor is not in compliance with the Parental Responsibility Act the Board could revoke his architectural registration.
If Proctor was convicted of a felony the Board could revoke his architectural license.
The details of the incident have no bearing on Proctor’s architectural registration and are matters for the civil courts to address.

5.3 (b)

In relation to the investigator’s visit to Proctor’s office, which of the following applies:
Proctor must have his architectural registration certificate displayed.
Proctor cannot demand that the investigator leave his office.
Proctor is in violation of the NM Architectural Act if he refuses to accept the certified letter.

5.4 (a)

Regarding the Board’s complaint form, which of the following applies:
This is an informal document that does not require the signature of the complainant.
This document is not considered confidential and is available as public information.
If Proctor made a false statement on the document he could face disciplinary actions by the Board.

5.4 (b)

Proctor is required to provide the Board only with the documentation in his possession that he regards as pertinent regarding the complaint.

5.5 (a)

Proctor’s architectural registration could be revoked for excessive use of alcohol.

5.5 (b)

Proctor must report the convictions to the New Mexico Board.
If Proctor lost his NCARB certificate as a result of the conviction he is required to report this to the NM Board.
If the conviction resulted in a fine only, and the fine was less than $500, Proctor is not required to report this to the NM Board.
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