Enforcement Actions - B

Torrance —The Board issued a one-count citation that included a $500 administrative fine to Nagy R. Bakhoum, architect license number C-26503, for an alleged violation of Business and Professions Code (BPC) section 5600.05(a)(1) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Bakhoum certified false or misleading information on his 2016 License Renewal Application. Bakhoum paid the fine, satisfying the citation. The citation became final on September 13, 2017.

Sebastopol —The Board issued a one-count citation that included a $1,000 administrative fine to Marshall Balfe, architect license number C-9674, for an alleged violation of BPC sections 5583 (Fraud and Deceit) and 5584 (Willful Misconduct). The action alleged that Balfe executed a written contract with a consulting architect wherein the consulting architect agreed to provide consultation and drafting services to Balfe for various projects at an hourly rate. However, Balfe failed to comply with the terms of the written contract, pay the consulting architect in full for services rendered in support of Balfe’s three projects, and adhere to his proposed payment plans. Balfe paid the fine, satisfying the citation. The citation became final on November 27, 2018.

Santa Barbara —The Board issued a two-count citation that included a $2,000 administrative fine to Steve Balikian AKA Estabon Balikian, dba SB Builders AKA Santa Barbara Builders, an unlicensed individual, for alleged violations of Business and Professions Code section 5536(a) (Practice Without License or Holding Self Out as Architect) and Business and Professions Code section 5536(a) as described in Business and Professions Code section 5536.5 (State of Emergency; Practice Without License or Holding Self Out as Architect). The action alleged that Balikian’s LinkedIn, Houzz, and Yelp profiles, as well as his business website, offered “Architecture” and “Architectural” services and stated that he had a “team of architects.” Balikian’s business website also had a page titled “Re-Building after the Thomas Fire,” which offered resources for victims of the fire that was declared a state of emergency by Governor Jerry Brown on or about December 5, 2017. The page also stated, “If you need help building in this stressful time…we have in-house architects,” and then offered a free consultation. The citation became final on July 12, 2020.

San Diego —The Board issued a one-count citation that included a $2,000 administrative fine to Alex Barajas, an unlicensed individual, for alleged violations of BPC 5537.1 (Exemptions; Structural Engineer). The action alleged that Barajas, a registered civil engineer who has been authorized to use the title structural engineer, executed written proposals to provide a professional stamp for Building Department permitting approvals for projects located in Manhattan Beach and Hermosa Beach, California, where Barajas is identified as the Structural Engineer and "Architect of Record." Barajas paid the fine, satisfying the citation. The citation became final on February 26, 2015.

Orange —The Board issued a two-count citation that included a $3,500 administrative fine to Elmer Barco, dba Bar International Design and Development Co., Inc. (Bar International), Bar Building Division, LLC, and The Development Bar, an unlicensed individual, for alleged violations of Business and Professions Code section 5536(a) (Practice Without License or Holding Self Out as Architect). The action alleged that an auto and truck services company (client) hired Barco and his company, Bar International, in September 2014, to design and engineer a 1,400 square foot gas station convenience store in Bell Gardens, California. The contract between the client and Bar International dated September 29, 2014, was signed by Barco’s unlicensed partner Michael Burke as “Architect for Bar International Design & Development Inc.,” and promised schematic design, architectural sheets, and “plans finalized for architectural stamp.” Change orders dated October 14, 2014; October 30, 2014; January 8, 2015; February 10, 2015; and April 3, 2015, included an “Architect’s Project Number,” specified “Not valid until signed by architect,” and were signed by Michael Burke.

Barco’s invoices to the client dated October 2, 2014, October 8, 2014, October 14, 2014, October 30, 2014, and November 13, 2014, itemized conceptual design, schematic design, and design development of “plans finalized for architectural stamp.” The company’s contract with an outside engineering firm dated March 5, 2015, designated Michael Burke of Bar International as the architect of record. Preliminary design sheets for the Bell Gardens project displayed a title block listing Commercial Design and Architecture under Bar International’s description of services. A design agreement between the client and Bar Building Division, LLC dated March 24, 2016, promised “Complete architectural drawings” and “All documentation for planning commission submittal.” Barco used a contract signed by Michael Burke as Architect for Bar Building Division, LLC, Project Status Reports specifying “architectural/ planning commission submittal,” and an Estimated Timeline for “complete architectural” services.

As new commercial construction, the designs for a gas station convenience store, restaurant, and expansion are not exempt from licensing requirements under Business and Professions Code section 5537. Barco represented his company as an architectural firm, provided architectural services, and included architecture in his company’s description of services without an architect who was in management control of the services that were offered and provided by the business entity and either the owner, a part-owner, an officer, or an employee of the business entity, which violated Business and Professions Code section 5536 and California Code of Regulations, title 16, section 134.

In February 2020, Barco’s business, The Development Bar, maintained a website offering project management and design services and featured the design of the client’s gas station convenience store among its many commercial design accomplishments. By advertising non-exempt commercial architectural services through his company’s website, Barco violated Business and Professions Code section 5536(a). Barco paid the fine, satisfying the citation. The citation became final on July 30, 2020.

San José —The Board issued a one-count citation that included a $1,500 administrative fine to David Barna, an unlicensed individual, for an alleged violation of BPC 5536(a) (Practice Without License or Holding Self Out as Architect). The action alleged that on or about April 30, 2015, the Internet revealed that Barna was identified as an "Architect" on the website linkedIn.com. In addition, on or about May 1, 2015, the website houzz.com listed "Architecture" as a service Barna provides. Barna paid the fine, satisfying the citation. The citation became final on August 6, 2015.

Bonita Springs, Florida —The Board issued a one-count citation that included a $750 administrative fine to Richard Anthony Barnes, architect license number C-14049, for an alleged violation of Business and Professions Code (BPC) section 5600.05(a)(1) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Barnes failed to provide documentation to the Board from the course provider upon an audit of his 2017 License Renewal Application. The citation became final on October 12, 2018.

Aptos —The Board issued a one-count citation that included a $1,500 administrative fine to Peter Thaddeus Barnum, dba PTB Design Build, PTB Designs, PTB Designs Planning, and PTB Designs & Drafting, an unlicensed individual, for alleged violations of Business and Professions Code section (BPC) 5536(a) (Practice Without License or Holding Self Out as Architect). The action alleged that on or about July 25, 2016, Barnum’s LinkedIn profile stated that his company, PTB Design Build, "offers a broad range of Architectural Services" and is able to "provide a full scope of Architectural Services"; included "Architectural Design," "Architectural Drafting," "Architecture," and "Interior Architecture" under "Skills"; and was listed under the heading "Architecture & Planning." Barnum’s advertisement on the Internet at angieslist.com for his company, PTB Design Build, was also listed under the heading "Architect." In addition, Barnum’s website, ptbdesigns.com, under the business name "PTB Designs" also stated that his company "offers a broad range of Architectural Services" and is able to "provide a full scope of Architectural Services." Barnum’s advertisement on the Internet at houzz.com under the business name "PTB Designs" offered "Architects & Engineers" as "Additional services." Barnum’s advertisements on the Internet at local.yahoo.com and yelp.com under the business name "PTB Designs" were also listed under the headings "Architecture" and "Architects," respectively. Furthermore, Barnum’s advertisement on the Internet at architecturepractices.com under the business name "PTB Designs Planning" identified his company as an "Architect in Aptos, CA" and stated his company "provides a broad array of Architectural Services." Barnum’s advertisement on the Internet at yellowpages.com under the business name "PTB Designs & Drafting" was also listed under the heading "Architects." The citation became final on October 26, 2016.

The Board issued a one-count citation that included a $1,500 administrative fine to Juan Barrientos, an unlicensed individual for alleged violations of Business and Professions Code section 5536(a). Barrientos was hired in September 2020 to provide “Architectural Drafting Services” to prepare plans and obtain a construction permit for a two-bedroom accessory dwelling unit in Vista, California. Barrientos has been paid $3,800. Preliminary plans were submitted to the building department, but after more than two years the plans had not been approved and the application expired. The Board sent Barrientos notice of the violation, but he failed to respond to any of Board requests for a response. Barrientos’ contract wherein he described his services as “Architectural” is a device that might indicate to the public that Barrientos is an architect or qualified to engage in the practice of architecture in California. Such conduct constitutes a violation of Business and Professions Code section 5536(a). The citation became final on June 10, 2023.

Milwaukee, Wisconsin —The Board issued a two-count citation that included a $2,000 administrative fine to David C. Baum, architect license number C-28568, for alleged violations of Business and Professions Code sections 141(a) (Effect of Disciplinary Action Taken by Another State or the Federal Government), 498 (License Secured by Fraud, Deceit, or Knowing Misrepresentation), 5579 (Fraud in Obtaining License), and 5586 (Disciplinary Action by a Public Agency). The action alleged that Baum obtained the renewal of his California architect license by fraud or misrepresentation when he signed his 2011 License Renewal Application declaring under penalty of perjury that he had not been disciplined by a public agency or convicted of a crime in the preceding renewal period when in fact he was disciplined by the Texas Board of Architectural Examiners. Baum also certified under penalty of perjury that all representations on the Renewal Application were true, correct, and contained no material omissions of fact. In addition, Baum was disciplined by architectural boards in Colorado, Florida, Missouri, South Dakota, and Texas for acts substantially related to the qualifications, functions, or duties of an architect. The citation became final on August 29, 2016.

Orange —The Board issued a one-count citation that included a $750 administrative fine to George Arthur Bean, architect license number C-23719, for alleged violations of BPC 5600.05(a)(1) and (b) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Bean failed to maintain records of completion of the required coursework for two years from the date of license renewal and failed to make those records available to the Board for auditing upon request. Bean paid the fine, satisfying the citation. The citation became final on September 1, 2015.

Emeryville —The Board issued a two-count citation, including an administrative fine in the amount of $3,000 to Maxwell Anthony Beaumont, architect license number C-24621, dba Beaumont+Associates, for alleged violations of Business and Professions Code (BPC) sections 5584 and 5536.22(a), and California Code of Regulations, title 16, sections 150 and 160(c)(1).

Beaumont had been hired in June 2021 to prepare plans and obtain a construction permit for a new single-family residence located in Hayward, California. A contract for services was signed and executed on June 16, 2021 which included the term “Period of Performance: 12 weeks.” Beaumont was paid $10,560, but the permit had not been issued after 37 weeks.

During this extended period, there was a significant lack of communication from Beaumont to his client regarding the basis for the delays and the permitting process. Beaumont violated Business and Professions Code section 5584, willful misconduct as defined in California Code of Regulations, title16, section 150.

Beaumont also failed to respond in a timely manner to the Board’s request for information pertaining to this case. The Board sent an initial request on March 22, 2022, and a final request, via certified mail on May 3, 2022. Beaumont did not respond formally to the Board’s request until September 7, 2022. Beaumont’s failure to respond timely constituted a violation of California Code of Regulations, title 16, sections 160(c)(1).

Beaumont’s written contract failed to include a description of the procedure to accommodate additional services, a description of the procedure to terminate the contract, a statement identifying the ownership and use of instruments of services prepared by the architect, or a statement in at least 12-point type that reads, “Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.” Beaumont’s failure to include all of the required elements in his written contract for professional services for the above-referenced project constituted a violation of Business and Professions Code section 5536.22(a).

In a separate project located in Fairfield, California, Beaumont agreed to prepare plans for the permitting of proposed commercial tenant improvements. Within the contract there was a term stating, “Period of Performance: 4 Weeks.” Beaumont was paid $2,260.50, but the plans were never completed.

Beaumont stopped responding to his client’s phone calls and requests for updates. Because of the non-responsiveness of Beaumont, the client had to retain legal counsel to terminate the contract. Beaumont violated Business and Professions Code section 5584, willful misconduct as defined in California Code of Regulations, title16, section 150.

Beaumont also failed to respond in a timely manner to the Board’s request for information pertaining to this case. The Board sent an initial request on March 22, 2022, and a final request, via certified mail on May 3, 2022. Beaumont did not respond formally to the Board’s request until September 7, 2022. Beaumont failure to respond timely constitutes a violation of California Code of Regulations, title 16, sections 160(c)(1).

Beaumont’s written contract failed to include a description of the procedure to accommodate additional services, a description of the procedure to terminate the contract, a statement identifying the ownership and use of instruments of services prepared by the architect, or a statement in at least 12-point type that reads, “Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834.” Beaumont’s failure to include all of the required elements in his written contract for professional services for the above-referenced project constituted a violation of Business and Professions Code section 5536.22(a). The citation became final on September 3, 2023.

Gardena —The Board issued a one-count citation that included a $1,000 administrative fine to Charles Belak-Berger, architect license number C-13657, for an alleged violation of BPC 5536.22(a) (Written Contract). The action alleged that Belak-Berger failed to execute written contracts prior to commencing professional services for projects located in Hermosa Beach and Manhattan Beach, California. Belak-Berger paid the fine, satisfying the citation. The citation became final on April 24, 2015.

Placerville —The Board issued a one-count citation that included a $500 administrative fine to Peter Maxwell Berchtold, architect license number C-25257, for an alleged violation of BPC 5600.05(a)(1) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Berchtold certified false or misleading information on his 2013 License Renewal Application. Berchtold paid the fine, satisfying the citation. The citation became final on March 10, 2015.

Overland Park, Kansas —The Board issued a one-count citation that included a $500 administrative fine to Kevin Douglas Berman, architect license number C-34265, for an alleged violation of BPC § 5600.05(a)(1) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Berman certified false or misleading information on his 2017 License Renewal Application. Berman paid the fine, satisfying the citation. The citation became final on September 19, 2017.

Vero Beach, Florida —The Board issued a one-count citation that included a $500 administrative fine to Peter M. Bernholz, architect license number C-15993, for an alleged violation of BPC 5600.05(a)(1) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Bernholz certified false or misleading information on his 2015 License Renewal Application. Bernholz paid the fine, satisfying the citation. The citation became final on September 30, 2015.

Los Angeles —The Board issued a one-count citation that included a $1,000 administrative fine to Biayna Bogosian, an unlicensed individual, for violations of Business and Professions Code section 5536(a) (Practice Without License or Holding Self Out as Architect) and Title 16, California Code of Regulations section 134(a) (Use of the Term Architect). The action alleged that on and between February 4, 2020 and September 1, 2021, Bogosian used the title “architect” on her personal website which also stated, “Complementary to my academic studies have been my teaching experience and architectural design practice called Somewhere Something.” Bogosian’s LinkedIn profile used the title of “Architect” and listed “Architecture” under her Skills and Endorsements. Bogosian’s Woodbury University profile stated “Biayna Bogosian is an architect and interactive media designer.” The citation became final on October 28, 2021.

Bogosian paid the fine, satisfying the citation.

Los Angeles —The Board issued a one-count citation that included a $1,500 administrative fine to Alberto Bohon, an unlicensed individual, doing business as Alberto’s Design, for alleged violations of Business and Professions Code section 5536(a).

In or around August 2020, Bohon provided Ms. C.M. with a “project bid proposal” for a residential project located in Los Angeles, California. Bohon’s proposal offered to complete “architectural drawings” and to provide “ARCHITECTURAL SERVICES.”, Bohon’s personal LinkedIn profile also identified him as a “Project Architect.”

In response to the Board’s investigation, Bohon revised his proposal template, but failed to change his LinkedIn profile. In October 2018, Bohon had previously been issued a Letter of Advisement regarding his use of the word “architectural” in his business devices and was cautioned that future violations would result in enforcement action.

Bohon’s proposal and profile, wherein he identified himself as a “Project Architect” and described his services as “Architectural,” are devices that might indicate to the public that Bohon is an architect or qualified to engage in the practice of architecture in California. Such conduct constitutes violations of Business and Professions Code section 5536(a). The citation became final on April 28, 2022.

Indianapolis, Indiana —The Board issued a one-count citation that included a $250 administrative fine to Tracy Ellen Boland, architect license number C-30533, for an alleged violation of BPC 5600.05(a)(1) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Boland certified false or misleading information on her 2015 License Renewal Application. Boland paid the fine, satisfying the citation. The citation became final on November 10, 2015.

Hillsborough —The Board issued a one-count citation that included a $500 administrative fine to Don Lee Brandenburger, architect license number C-4419, for an alleged violation of Business and Professions Code (BPC) section 5600.05(a)(1) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Brandenburger certified false or misleading information on his 2017 License Renewal Application. Brandenburger paid the fine, satisfying the citation. The citation became final on April 27, 2018.

Llano —The Board issued a citation including a $2,000 administrative fine to John Braly, an unlicensed person, dba Instructures Design and Build, for alleged violations of Business and Professions Code (BPC) 5536(a).

Braly was hired to prepare plans and obtain a construction permit for a residential remodel in San Pedro, California. He was paid over $6,000 and refused to complete the plans for over seven months.

Braly’s personal LinkedIn profile offered “Architecture” services. His company Thumbtack profile was categorized under “Architects” and offered architectural services. His company Yelp profile was categorized under “Architects” and stated, “We provide custom architectural design, engineering and construction plans.” These online profiles wherein Braly described himself and his services as “Architects,” “Architecture,” and “Architectural,” are devices that might indicate to the public that he was an architect or qualified to engage in the practice of architecture in California. Such conduct constitutes a violation of Business and Professions Code section 5536(a).

Previously, on August 31, 2018, Braly had been issued a citation for similar violations of California Business and Professions Code section 5536(a) and was formally advised that an unlicensed individual or firm in California cannot use any term confusingly similar to the word architect or architectural to describe services offered or be labeled in such a category.

The new citation became final on September 2, 2023.

Los Angeles —The Board issued a one-count citation that included a $1,000 administrative fine to John Carabin Braly, dba Instructures Design and Build, Inc., an unlicensed individual, for alleged violations of BPC section 5536(a) (Practice Without License or Holding Self Out as Architect). The action alleged that on or about December 4, 2017, Braly’s company website, instructuresco.com, offered "Architectural Design & Planning for Remodeling and New Construction" and "precise Architectural, Structural, and MEP drawings." In addition, on or about July 20, 2018, through his various advertisements on the Internet at angieslist.com, getfave.com, manta.com, superpages.com, yelp.com, and youtube.com, Braly described his business as "architects," "Architectural Designer," and "Professional Architect"; described his services and specialties as "Architectural Design," "Architectural Design Service," "Architectural Designer," "custom architectural design," "Professional Architect," and "Professional Building Inspector Architect"; and listed his business under the categories "Architect," "Architects," "Architects and Builders Services," "Architects and Engineers," and "Architectural Design Service." The citation became final on October 12, 2018.

Cambria —The Board issued a one-count citation that included a $500 administrative fine to David Mark Brown, architect license number C-13122, for alleged violations of BPC 5600.05(a)(1) and (b) (License Renewal Process; Audit; False or Misleading Information on Coursework on Disability Access Requirements). The action alleged that Brown certified false or misleading information on his 2013 License Renewal Application, failed to maintain records of completion of the required coursework for two years from the date of license renewal, and failed to make those records available to the Board for auditing upon request. Brown paid the fine, satisfying the citation. The citation became final on April 28, 2015.

Irvine —The Board issued a two-count citation that included a $3,500 administrative fine to Michael Burke, dba Bar International Design and Development Co., Inc. (Bar International), Bar Building Division, LLC, and The Development Bar, an unlicensed individual, for alleged violations of Business and Professions Code section 5536(a) (Practice Without License or Holding Self Out as Architect). The action alleged that an auto and truck services company (client) hired Burke and his company, Bar International, in September 2014, to design and engineer a 1,400 square foot gas station convenience store in Bell Gardens, California. The contract between the client and Bar International dated September 29, 2014, was signed by Burke as “Architect for Bar International Design & Development Inc.,” and promised schematic design, architectural sheets, and “plans finalized for architectural stamp.” Change orders dated October 14, 2014; October 30, 2014; January 8, 2015; February 10, 2015; and April 3, 2015, included an “Architect’s Project Number,” specified “Not valid until signed by architect,” and were signed by Burke.

Burke’s invoices to the client dated October 2, 2014, October 8, 2014, October 14, 2014, October 30, 2014, and November 13, 2014, itemized conceptual design, schematic design, and design development of “plans finalized for architectural stamp.” The company’s contract with an outside engineering firm dated March 5, 2015, designated Michael Burke of Bar International as the architect of record. Preliminary design sheets for the Bell Gardens project displayed a title block listing Commercial Design and Architecture under Bar International’s description of services. A design agreement between the client and Bar Building Division, LLC dated March 24, 2016, promised “Complete architectural drawings” and “All documentation for planning commission submittal.” Burke used a contract he signed as Architect for Bar Building Division, LLC, Project Status Reports specifying “architectural/ planning commission submittal,” and an Estimated Timeline for “complete architectural” services.

As new commercial construction, the designs for a gas station convenience store, restaurant, and expansion are not exempt from licensing requirements under Business and Professions Code section 5537. Burke represented his company as an architectural firm, provided architectural services, and included architecture in his company’s description of services without an architect who was in management control of the services that were offered and provided by the business entity and either the owner, a part-owner, an officer, or an employee of the business entity, which violated Business and Professions Code section 5536 and California Code of Regulations, title 16, section 134.

In February 2020, Burke’s business, The Development Bar, maintained a website offering project management and design services and featured the design of the client’s gas station convenience store among its many commercial design accomplishments. By advertising non-exempt commercial architectural services through his company’s website, Burke violated Business and Professions Code section 5536(a). The citation became final on March 11, 2020.

Aptos —The Board issued a one-count modified citation that included a $250 administrative fine to Robert E. Burkhart, architect license number C-29991, for alleged violations of Business and Professions Code section (BPC) 5536.22(a)(3) and (5) (Written Contract). The action alleged that Burkhart failed to include his architect license number and a description of the procedure to be used by either party to terminate the contract in his written contracts to provide preliminary design drawings and permit-construction drawings for a project located in Boulder Creek, California, and failed to execute the contract for permit-construction drawings prior to commencing that work. Burkhart paid the fine, satisfying the citation. The citation became final on July 14, 2016.

Laguna Niguel —Garro Giragos Babikian’s architect license number C-9865, was revoked effective November 16, 2000, after the Board adopted a Proposed Decision by an Administrative Law Judge. The decision also ordered Mr. Babikian to reimburse the Board $4,712.50 for its reasonable costs of investigation and enforcement. An Accusation was filed against Mr. Babikian for violations of Business and Professions Code section 5536 (Practice without License or Holding Self Out as Architect) and section 5577 (Conviction of Certain Crimes). Mr. Babikian’s license expired on December 31, 1995 and was not renewed until December 28, 1999. The Accusation was based on evidence that while Mr. Babikian’s license was expired, he held himself out as an architect and offered and provided architectural services. The Board’s investigation revealed that: 1) On or about April 23, 1998, he received $950 from a client to begin repair on the roof of her home. He also used the term "architect" or "architecture" on his letterhead and business card. Mr. Babikian did not begin the repairs on the roof nor did he return the client’s money and 2) On or about April 16, 1998, he received $12,000 to provide architectural services for the design and construction of an automotive repair shop. In addition, he used the term "architect" on his proposal and contract with the client. Mr. Babikian did not complete the project, nor did he return the client’s money.

As a result of the Board’s investigation, a six-count criminal misdemeanor complaint was filed in the Alhambra Judicial District Municipal Court on April 1, 1999. On June 8, 1999, Mr. Babikian pled nolo contendere to conducting business as an architect without a license. Imposition of sentence was suspended and he was placed on three years formal probation with terms and conditions requiring him to make restitution of $12,950 and ordering him not to contract without a business license.

Mr. Babikian filed a Petition for Writ of Mandate in Superior Court, appealing the Board’s decision to revoke his license. On August 7, 2001, the Superior Court denied Mr. Babikian’s appeal, thus upholding the Board’s revocation of his license.

Santa Cruz —Effective January 10, 2021, Marshall Balfe’s architect license number C-9674 was revoked. However, the revocation was stayed, his license suspended for 90 days, and he was placed on probation for five years with specific terms and conditions, including reimbursing the Board for $12,535 for investigative costs.

An Accusation filed against Balfe alleged five causes for discipline for violations of: (1) Business and Professions Code (BPC) section 5584 and California Code of Regulations (CCR), title 16, section 150 (Willful Misconduct); (2) BPC section 5536.1 and BPC section 5578 (Failure to Sign and Stamp Plans); (3) BPC section 5536.3(b), BPC section 5536.4(a), and BPC section 5578 (Use of An Architect’s Instruments of Service); (4) BPC section 5584 and CCR, title 16, section 160(a)(2) (Negligence); (5) BPC section 5536.22(a)(3)(4)(5) and BPC 5578 (Failure to Comply With Contract Requirements).

The Accusation alleged that on or about December 7, 2017, Balfe executed a contract to produce construction documents to submit to the city of Santa Rosa for a building permit to rebuild a home destroyed in the Tubbs fire. Balfe was to use the original plans of the house and incorporate changes made by the homeowners’ designer to produce a set of original construction drawings for $6,000. The homeowners paid Balfe $3,000 on December 8, 2017. The homeowners sent Balfe the original set of architectural plans for the house and the designer’s hand-drawn floor plan changes. The homeowners paid Balfe the remaining $3,000 after Balfe showed them partially hand-drawn floor plan of the upstairs portion of the house. On January 11, 2018, Balfe conveyed two sheets of drawings that used the original floor plan and elevations. Balfe did not have permission from the original architect to use the original plans. Balfe was paid the full contract fee by the homeowners but did not provide sufficient plans to obtain a building permit to the homeowners. On October 15, 2018, the homeowners obtained a $6,090 judgement against Balfe in small claims court.

The Board withdrew the second cause in the Accusation and adopted the Proposed Decision and Order on December 11, 2020. The action became effective on January 10, 2021.

Lompoc —A Statement of Issues was filed against Mark Alan Barlow, an unlicensed individual and candidate for licensure, after he appealed the Board’s denial of his application for licensure. The denial was based on evidence that Mr. Barlow had: 1) been convicted of two interlineated misdemeanor counts of violating Penal Code Section 602(l) (Trespassing); 2) disciplinary action taken against him by a public agency for an act substantially related to the qualifications, functions, or duties of an architect, in violation of Business and Professions Code (BPC) section 5586; and 3) committed an act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself. A stipulated settlement and disciplinary order was negotiated and adopted by the Board on June 16, 2011 and became final on June 28, 2011. The terms and conditions of the stipulation included the issuance of architect license number C-33092, which was immediately revoked, the revocation stayed, and Mr. Barlow was placed on five years probation commencing from the date the license was issued. Other terms and conditions included reimbursing the Board $3,165 for its investigative and prosecution costs and successfully completing an ethics course approved by the Board.

Rancho Cucamonga —Effective January 20, 2011, Andrew Barmakian’s architect license number C-7763, was revoked; however, the revocation was stayed and Barmakian’s license was suspended for 90 days. He was placed on probation for five years with specific terms and conditions, including reimbursing the Board $4,195 for its investigative and prosecution costs. The action came after a stipulated settlement was negotiated and adopted by the Board.

An Accusation was filed against Barmakian for alleged violations of BPC sections 490 (Conviction of Crime) and 5577 (Conviction of Certain Crimes), and California Code of Regulations, Title 16, section 110 (Substantial Relationship Criteria). The Accusation alleged that Barmakian was convicted, pursuant to his plea of guilty, of violating Title 15, United States Code, section 1 (Conspiracy to Restrain Trade), a felony and crime substantially related to the qualifications, functions, and duties of an architect. Beginning in or about December 2000 and continuing until about May 2003, Barmakian and co-conspirators entered into and engaged in a combination and conspiracy to suppress and eliminate competition by allocating customers and rigging bids for contracts of plastic marine pilings in the United States and elsewhere.

Tustin —Effective January 19, 2018, Mustafa Bdaiwi’s architect license number C-33953 was revoked; however, the revocation was stayed and Bdaiwi’s license was placed on probation for three years with specific terms and conditions, including reimbursing the Board $3,125 for its enforcement costs. The action came after a Proposed Decision, as corrected, was adopted by the Board.

An Accusation was filed against Bdaiwi for alleged violations of Business and Professions Code sections 490 (Conviction of Crime), 5577 (Conviction of a Crime Substantially Related to the Qualifications, Duties, and Functions of an Architect), 5578 (Violation of Architects Practice Act), 5583 (Fraud or Deceit), and 5584 (Willful Misconduct). On April 24, 2006, the Registrar of Contractors issued contractor’s license number 881020 to Malcon Civils, Inc., with Bdaiwi as Responsible Managing Officer (RMO), Chief Executive Officer (CEO), and President in the "B" (General Building Contractor) classification. As RMO, CEO, and President, Bdaiwi associated on October 30, 2009, in the "ASB" (Asbestos) classification, and on February 10, 2010, in the "C-8" (Concrete) classification. In December 2010, Bdaiwi submitted a bid and won a $444,000 contract with the Irvine Unified School District for structural concrete and reinforcing to the Deerfield Elementary School Administration Building and Classroom Building. On August 9, 2011, the Center for Contract Compliance (CCC) provided information to the Orange County District Attorney’s Office regarding at least five workers who were misclassified, not paid prevailing wage, not paid overtime, and deprived of paycheck stubs or fringe benefits. CCC’s audit also uncovered underreporting with the State Compensation Insurance Fund (SCIF) and the Employment Development Department (EDD). On September 24, 2012, Bdaiwi disassociated as RMO, CEO, and President in all classifications. As a result of CCC’s audit of the Deerfield Elementary Expansion School Project, on May 11, 2015, in a criminal proceeding entitled The People of the State of California v. Mustafa Mohamed Bdaiwi, in Orange County Superior Court, Bdaiwi was convicted on his plea of guilty of violations of Labor Code section 1778 (Receipt of Portion of Wages of Workmen), a felony, Penal Code section 115(a) (Attempting to File Forged Instruments), a felony, Unemployment Insurance Code section 2108 (Failure to Make Contributions), nine felonies reduced to misdemeanors under Penal Code section 17(b), and Insurance Code section 11880(a) (Fraudulent Statements for Purposes of Reducing Premiums), a felony.

The Accusation alleged that Bdaiwi subjected his architect license to disciplinary action in that he: 1) was convicted of crimes substantially related to the qualifications, functions, and duties of a licensed architect; 2) was fraudulent and deceitful when he received a portion of wages of his workmen, intentionally misclassified the Malcon Civils, Inc. payroll, paid his workers an hourly rate that was substantially below the prevailing wage rate, adjusted hours worked to match the higher wage rate, and underreported payroll to SCIF and EDD; 3) committed willful misconduct when he knew the laws as provided in the Labor Code, Penal Code, Unemployment Insurance Code, and Insurance Code, as they apply to the Deerfield Elementary School Expansion Project and deliberately violated them; and 4) committed acts substantially related to the qualifications, functions, and duties of a licensed architect.

Santa Ana —Effective December 3, 2023, Gregory Bennet’s architect license number C-17136 was revoked for violations of Business and Professions Code section 5584, California Code of Regulations (CCR), title 16, section 150 (Willful Misconduct) and CCR 160(c)(1) (Failure to Respond).

The Board filed an Accusation against Mr. Bennett on August 9, 2023, for possible violations of the Architects Practice Act involving his work on a project located at Fairhaven Extension in Santa Ana, California. Bennett had been hired on January 24, 2020, to design a new accessory dwelling unit at that location for $21,570. Despite his assurances that that the plans would be ready in three to five months, and receiving $23,000 in payment, the plans remained incomplete after two years. In April 2022, Bennett demanded an additional $1,500 without providing a change order or notice of termination. The Board’s requests for a response to the allegations and relevant documents, sent on July 20 and September 9, 2022, were not answered.

Bennett was subject to disciplinary action under Business and Professions Code section 5584, and California Code of Regulations (CCR), title 16, section 150 for willful misconduct, failing to complete contracted services despite full payment, and demanding additional fees. Bennett also failed to respond to the Board’s investigation requests, violating California Code of Regulations, title 16, section 160 (c)(1). The Board’s Decision became effective on December 3, 2023.

Sands Point, New York —Effective December 30, 2019, Christine J. Bodouva’s architect license number C-32846 was revoked; however, the revocation was stayed, her license was suspended for 90 days, and she was placed on probation for five years with specific terms and conditions, including reimbursing the Board $5,327.50 for its enforcement costs, completing a course in Law and Ethics, payment of a $5,000 fine, and notifying her clients of her probation status. The action came after a Stipulated Settlement was adopted by the Board.

An Accusation was filed against Bodouva for alleged violations of Business and Professions Code sections 490 (Conviction of Crime) and 5577 (Conviction of a Crime Substantially Related to the Qualifications, Duties, and Functions of an Architect). Specifically, on or about November 10, 2016, in the criminal proceeding titled United States of America v. Christine J. Bodouva, United States District Court, Southern District of New York, Case No. I: l 6-CR-00214-(0 I )(VEC), Bodouva was convicted by a jury of being guilty of violating one count of United States Code, title 18, section 664 (embezzling funds from an employee pension benefit plan), a felony. Bodouva was sentenced to one year and one day in federal prison, supervised release for two years, 500 hours of community service, a monetary penalty of $5,100, and forfeiture in the amount of $127,854.22.

Paso Robles —A Statement of Issues was filed against Craig Allen Bower, an unlicensed individual and candidate for licensure, after he appealed the Board’s denial of his application for licensure. The denial was based on evidence that Mr. Bower had disciplinary action taken against him by a public agency for an act substantially related to the qualifications, functions, or duties of an architect, in violation of section 5586 of the Business and Professions Code. A stipulated settlement and disciplinary order was negotiated and adopted by the Board. The terms and conditions of the stipulation included the issuance of architect license number C-31539, which was immediately revoked, the revocation stayed, and Mr. Bower was placed on five years’ probation.

San Diego —Effective March 10, 2021, James E. Brown’s architect license number C-21882 was revoked; however, the revocation was stayed, and he was placed on probation for five years with specific terms and conditions, including reimbursing the Board $10,450 for its enforcement costs. The action came after a Stipulated Settlement was adopted by the Board.

An Accusation was filed against Brown for alleged violations of Business and Professions Code sections 5584, (Willful Misconduct) as defined by California Code of Regulations, title 16, section 150 (Willful Misconduct), 5584 as defined by California Code of Regulations, title 16, section 160(b)(2) (Failure to Respond), and 5578 (Violation as Ground for Discipline in General) in conjunction with sections 5536.22(a)(3), (a)(4), and (a)(5) (Written Contract Provisions).

The action was taken based on evidence that Brown used contracts that did not include his license number, the client’s address, or provisions addressing how to accommodate additional services or termination of the contract. Brown also increased his fees with no increase in the scope of services provided and without an amending contract; he terminated his contract with the client without cause; and he represented that he had completed, and received payment for 100% of Design Development and 25% of Construction Documents when he had only completed less than 20% of Design Development and no portion of Construction Documents. Mr. Brown also failed to cooperate with the Board’s investigation by failing to respond to the Board’s requests for information within 30 days.

The Stipulated Settlement was adopted by the Board on February 8, 2021 and became effective on March 10, 2021.

Penryn —Effective April 5, 2019, Jacob Slater Bunting’s architect license number C-33928, was surrendered, and he thereby loses all rights and privileges of an architect in California. The action was a result of a Stipulated Surrender of License and Order, which was adopted by the Board.

An Accusation was filed against Bunting for alleged violations of Business and Professions Code (BPC) sections 5577 (Conviction of Certain Crimes) and 490 (Conviction of Crime).

The Accusation alleged that on or about May 25, 2016, in the criminal proceeding titled People vs. Jacob Slater Bunting, Slater was convicted by the Placer County Superior Court, on his plea of nolo contendere, of violating one count of Penal Code (PC) section 288.4(b) (meeting with minor for lewd and lascivious act), a felony, one count of PC section 288a(b)(1) (oral copulation of person under 18 years old), a felony, and two counts of PC section 261.5(c) (unlawful sexual intercourse with a minor), a felony, with an enhancement under PC section 12022.1(b) (secondary offense while released from custody on primary offense). On or about July 6, 2016, Bunting was sentenced to six years and four months in state prison and was ordered to register as a sex offender pursuant to PC section 290.

On or about February 5, 2019, Deputy Attorney General (DAG) Anahita S. Crawford submitted a Stipulated Surrender of License and Order to the Board for its consideration. The Stipulated Surrender of License and Order include terms and conditions that are consistent with the Board’s Disciplinary Guidelines.

On March 6, 2019, the Board adopted the Stipulated Surrender of License and Order, which became effective on April 5, 2019.

Bunting’s license was reinstated on March 20, 2023. He was placed on probation for five years with specific terms and conditions. The action came after Bunting submitted a Petition for Reinstatement and a Proposed Decision was adopted by the Board.

Mill Valley —Effective January 9, 2022, and in accordance with a stipulated settlement, Geoffrey Elliott Butler’s architect license number C-21228 was revoked. However, the revocation was stayed, his license suspended for 30 days, and he was placed on probation for three years with specific terms and conditions, including reimbursing the Board for the amount of $8,964.75 for investigative costs. An Accusation filed against Butler alleged four causes for discipline for violations of: (1) Business and Professions Code (BPC) section 5583 (Fraud/Deceit); (2) BPC section 5584 (Negligence); (3) BPC section 5584 and California Code of Regulations (CCR), title 16, section 150 (Willful Misconduct – Refusal to Provide CAD Files); and (4) BPC section 5584 and CCR, title 16, section 150 (Willful Misconduct - Refusal to Work with Engineer).

The Accusation alleged that on or about June 3, 2017, Butler entered into a contract with his clients to prepare design plans and obtain design approval by the planning commission for a proposed development in Mill Valley, California. The agreement provided that design approval would be achieved by October 2017. On or about July 14, 2017, Butler represented to his clients that he had submitted design plans to the planning commission, and requested and received payment from his clients for performance of that portion of the contract. In actuality, Butler did not submit the plans to the planning department until January 24, 2018.

During the planning process, Butler became uncommunicative for months at a time. Butler also refused to work with the engineer whom his clients had hired to work on the project. His clients ultimately elected to terminate their agreement. Butler then refused to turn over the CAD files that he had created for the project, in violation of the terms of his contract. At Butler’s request, on or about August 9, 2019, his clients signed an additional document which limited their use of the CAD files. Butler nevertheless did not turn over the CAD files until on or about August 13, 2020. Butler entered into a stipulated settlement and the Board adopted the Proposed Disciplinary Order on December 10, 2021. The action became effective on January 9, 2022.

San José —Effective April 7, 2016, Paul Curtis Bunton’s architect license number C-18659, was revoked; however, the revocation was stayed and Bunton’s license was placed on probation for three years with specific terms and conditions, including reimbursing the Board $6,512.50 for its investigative and enforcement costs. The action came after a Proposed Decision was adopted by the Board.

An Accusation was filed against Bunton for alleged violations of Business and Professions Code sections 5588 (Report of Settlement or Arbitration Award), 490 (Conviction of Crime) and 498 (License Secured by Fraud, Deceit or Knowing Misrepresentation). The Accusation alleged that Bunton failed to report to the Board in writing within 30 days of the date of a civil settlement. On March 26, 2012, he pled guilty to aiding the commission of a misdemeanor under Penal Code section 659. On his 2013 License Renewal Application, he answered "no" to the question, "In the preceding renewal period, have you been disciplined by a public agency or have been convicted of a crime in any state, the USA and its territories, federal jurisdiction, military court, or other country, which involved a plea of verdict of guilt or a conviction following a plea of nolo contendere?" Bunton submitted a false statement under penalty of perjury on the application to renew his architect license.