What Local Law 108 of 2019 means for Registered Design Professionals
Local Law 108 of 2019 (LL108/19) makes RDP (Registered Design Professionals) violations very clear. It also broadens and defines sanctions for Registered Design Professionals. Take a look at the reasons for sanctions under LL108/19 and the consequences.
Reasons for sanctions under local law 108 of 2019
All RDPs know the importance of submitting accurate work. However, local law 108 of 2019 makes that even more clear. The law spells out mandatory sanctions for professionally certified applications that:
Knowingly include false information
Contain information that doesn’t follow local laws and codes
Additionally, there are also sanctions for applications with numerous errors. RDPS who submit two professionally certified applications with errors within a 12-month period now face consequences. In some cases, these errors must have led to a revoked permit. However, the DOB also sanctions RDPs whose applications show a misunderstanding or lack of knowledge of regulations. At the same time, the DOB can reject other documents or filings professionally certified by the same individual.
OATH hearings for violations of Local Law 108 of 2019
RDPs sanctioned for any of the reasons above can have a hearing through the Office of Administrative Trial Hearings (OATH). Based on the outcome of that hearing, the DOB determines discipline of suspension with possible reinstatement or permanent removal.
Reinstatement in the program
It's possible to be only temporarily restricted from filings. In these instances, you can reapply for reinstatement one year later. If approved, you'll go through a probation period of six months. But, also expect to complete training and continuing education. You'll need to show completion of both to the DOB.
Permanent removal/exclusion from the program
The DOB reserves the right to permanently exclude an RDP from making professional certifications, as well as limited supervisory checks. Specific reasons for removal include but are not limited to:
Lack of knowledge or failure to follow building codes, zoning, regulations, and all other laws
Having a non-qualified person subcontracted to perform the RDP’s job
Making false statements or altering documentation
Job-related criminal conviction or professional misconduct
Participating in (or not reporting) fraud to the DOB
Altering or allowing another person to use his or her professional ID card
Not cooperating with investigations by the DOB
Knowingly misrepresenting application statuses
False statements are subject to NY law and additional penalties
The consequences of including knowingly false statements on applications can result in more than sanctions. RDPs can also be held accountable under New York law.
Also, RDPs who have been sanctioned and disciplined should know another important fact. The State Department of Education of New York receives information on sanctions. This information includes the RDP’s name, as well as the name of the firm or company he or she was working under, and any other appropriate supporting information. Under Local Law 108 of 2019, the DOB also must provide the NY State Education Department with information on sanctioned RDPs dating back to 2014.
