BEFORE THE CALIFORNIA ARCHITECTS BOARD . DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Case No. 10-04-07-05-123 EDWARD W. POWELL AKA TED OAH No. L-2010120082 POWELL DBA DESIGN TO THE NINES, D29S 25 Burnham Road, #21 Oak View, CA 93022 Architect License No. C-27775, Respondent. DECISION AND ORDER The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the California Architects Board, Department of Consumer Affairs, as its Decision in this matter. This Decision shall become effective on July 21, 2011 It is so ORDERED. June 21, 2011 , :, j \'' \ • .- ... '''1' 1 KAMALA D. HARRIS Attorney General of California 2 MARC D. GREENBAUM Supervising Deputy Attorney General 3 MORGAN MALEK Deputy Attorney General 4 State Bar No. 223382 300 So. Spring Street, Suite 1702 5 Los Angeles, CA 90013 Telephone: (213) 897-2643 6 Facsimile: (213) 897-2804 Attorneys for Complainant 7 BEFORE THE 8 CALIFORNIA ARCHITECTS BOARD J)EPARTMENT OF CONSUMER AFFAIRS 9 STATE OF CALIFORNIA 10 In the Matter of the Accusation Against: Board Case No. 07-05-123, 07-06-160 11 EDWARD W. POWELL AKA TED . OAH No. L-2010120082 12 POWELL DBA DESIGN TO THE NINES, D29S . STIPULATED SETTLEMENT AND 13 25 Burnham Road, #21 DISCIPLINARY ORDER Oak View, CA 93022 14 Architect License No; C-27775, 15 Respondent. 16 17 In the interest of a prompt and speedy settlement of this matter, consistent with the public 18 interest and the responsibility of the California Architects Board (Board) of the Department of 19 Consumer Affairs, the parties hereby agree to the following Stipulated Settlement and 20 Disciplinary Order which will be submitted to the Board for approval and adoption as the final 21 disposition of the Accusation. 22 PARTIES 23 1. Douglas R. McCauley (Complainant) is the Executive Officer of the Board. He 24 brought this action solely in his official capacity and is represented in this matter by Kamala D. 25 Harris, Attorney General of the State of California, by Morgan Malek, Deputy Attorney General. 26 27 28 1 STIPULATED SETTLEMENT (10-04-07-05-123) 1 2. Edward W. Powell aka Ted Powell dba Design to the Nines, D 2 9s (Respondent) is 2 representing himself in this proceeding and has chosen not to exercise his right to be represented 3 by counsel. 4 3. On or about June 3, 1999, the Board issued Architect License No. C-27775 to 5 Respondent. The architect license was suspended on March 10, 2008, due to child support 6 arrearages and was renewed on June 15, 2010. A 30-dayNotice oflntend to Suspend 7 Respondent's license due to child support arrearages was issued on January 11, 2011, and his 8 license was suspended on February 15, 2011. 9 JURISDICTION 10 4. Accusation No. 10-04-07-05-123 was filed before the Board and is currently pending 11 against Respondent. The Accusation and all other statutorily required documents were properly 12 served on Respondent on September 7, 2010. Respondent timely filed his Notice of Defense 13 contesting the Accusation. A copy of Accusation No. 10-04-07-05-123 is attached as exhibit A 14 and incorporated herein by reference. 15 ADVISEMENT AND WAIVERS 16 5. Respondent has carefully read, and understands the charges and allegations in . I. 17 Accusation No. 10-04-07-05~123. Respondent has also carefully read, and understands the 18 effects of this Stipulated Settlement and Disciplinary Order. 19 6. Respondent is fully aware of his legal rights in this matter, including the right to a ) 20 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at 21 his own expense; the right to confront and cross-examine the witnesses against him; the right to 22 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel 23 the attendance of witnesses and the production of documents; the right to reconsideration and 24 court review of an adverse decision; and all other rights accorded by the California 25 Administrative Procedure Act and other applicable laws. 26 7. Respondent voluntarily, knowingly, and intelligently waives and gives up each and 27 every right set forth above.· 28 /// 2 STIPULATED SETTLEMENT (10-04-07-05-123) 1 CULP ABILITY 2 8. Respondent admits the truth of each and every charge and allegation in Accusation 3 No. 10-04-07-05-123. 4 9. Respondent agrees that his Architect License is subject to discipline and he agrees to 5 be bound by the Board's probationary terms as set forth in the Disciplinary Order below. 6 CONTINGENCY 7 10. This stipulation shall be subject to approval by the Board. Respondent understands 8 and agrees that counsel for Complainant and the staff of the Board may communicate directly 9 with the Board regarding this stipulation and settlement, without notice to or participation by 10 Respondent. By signing the stipulation, Respondent understands and agrees that he may not 11 withdraw his agreement or seek to rescind the stipulation prior to the time the Board considers. 12 and acts upon it. If the Board fails to adopt this stipulation as its Decision and Order, the 13 Stipulated Settlement and Disciplinary Order shall be of no force or effect, except for this 14 paragraph, it shall be inadmissible in any legal action between the parties, and the Board shall not 15 be disqualified from further action by having considered this matter. 16 11. The parties understand and agree that facsimile copies of this Stipulated Settlement 17 and Disciplinary Order, including facsimile signatures thereto, shall have the same force and 18 effect as the originals. 19 12. This Stipulated Settlement and Disciplinary Order is intended by the parties to be an 20 integrated writing representing the complete, final, and exclusive embodiment of their agreement. 21 It supersedes any and all prior or contemporaneous agreements, understandings, discussions, 22 negotiations, and commitments (written or oral). This Stipulated Settlement and Disciplinary ·2 3 Order may not be altered, amended, modified, supplemented, or otherwise changed except by a 24 writing executed by an authorized representative of each of the parties. 25 Ill 26 Ill 27 Ill 28 3 STIPULATED SETTLEMENT (10-04-07-05-123) 1 13. In consideration of the foregoing admissions and stipulations, the parties agree that 2 the Board may, without further notice or formal proceeding, issue and enter the following 3 Disciplinary Order: 4 DISCIPLINARY ORDER 5 IT IS HEREBY ORDERED that Architect License No. C-27775 issued to Respondent is 6 revoked. However, the revocation is stayed and Respondent is placed on probation for five (5) 7 years on the following terms and conditions. 8 1. Obey All Laws. Respondent shall obey all federal, state and local laws and 9 regulations governing the practice of architecture in California. 1O 2. Submit Quarterly Reports. Respondent, within ten (10) days of completion of the 11 quarter, shall submit quarterly written reports to the Board on a Quarterly Report of Compliance 12 form (1/00) obtained from the Board. 13 3. Personal Appearances. Upon reasonable notice by the Board, the Respondent shall 14 report to and make personal appearances at times and locations as the Board may direct. 15 4. Cooperate During Probation. Respondent shall cooperate fully with the Board, and 16 with any of its agents or employees in their supervision and investigation of his compliance with 17 the terms and conditions of this probation. Upon reasonable notice, the Respondent shall provide 18 the Board, its agents or employees with the opportunity to review all plans, specifications, and 19 instruments of service prepared during the period of probation. 20 5. Tolling for Out-of-State Practice, Residence or In-State Non-Practice. In the 21 event Respondent should leave California to reside or to practice outside the State or for any 22 reason stop practicing architecture in California, Respondent shall notify the Board or its designee 23 in writing within ten (10) days of the dates of departure and return, or the dates of non-practice or 24 the resm~ption of practice within California. Non-practice is defined as any period of time 25 exceeding thirty (30) days in which Respondent is not engaging in any activities defined in 26 . Section 5500.l of the Business and Professions Code. All provisions of probation other than the --27 quarterly report requirements, examination requirements, and education requirements, shall be 28 held in abeyance until Respondent resumes practice in California. All provisions of probation 4 STIPULATED SETTLEMENT (10-04-07-05-123) 1 shall recommence on the effective date of resumption of practice in California. Periods of 2 te:rnporary or permanent residency or practice outside California or of non-practice within 3 California will not apply to the reduction of this probationary period. 4 6. Violation of Probation. If Respondent violates probation in any respect, the Board, 5 after giving Respondent notice and opportunity to be heard (except for any violation of restitution 6 payments in paragraph nine (9) no notice or opportunity to be heard will be available), may 7 revoke probation and carry out the disciplinary order which was stayed. If an accusation or a 8 petition to revoke probation is filed against Respondent during probation, the Board shall have 9 continuing jurisdiction until the matter is final, and the period of probation shall be extended until 10 the matter is final. 11 7. Completion of Probation. Upon successful completion of probation, Respondent's 12 license will be fully restored. 13 8. Continuing Education Courses. Respondent shall complete professional education 14 courses directly relevant to the violation as specified by the Board. The professional education 1 15 courses shall be completed within a period of time designated by the Board, which timeframe 16 shall be incorporated as a condition of this probation. 17 Failure to satisfactorily complete the required courses as scheduled or failure to complete 18 same no later than one hundred (100) days prior to the termination of probation shall constitute a 19 violation of probation. Respondent is responsible for all costs of such courses. 20 9. Restitution. Respondent shall make restitution to Stephanie Foard-Wilder in the 21 amount of $14,000 (fourteen.thousand dollars) as follows: Respondent shall pay the total 22 amount of the restitution to Stephanie Foard-Wilder by way of forty eight (4 8) equal 23 installment payments of TWO HUNDRED NINETY ONE DOLLARS AND SIXTY SIX 24 CENTS ($291.66) beginning thirty (30) days after the effective date of this decision, and 25 each consecutive month thereafter, payable on the fifteenth (15th) day of each month. 26 Respondent shall make the checks for the payments to Stephanie Foard-Wilder and mail 27 1 Professional Ethics and Commercial Law 28 5 STIPULATED SETTLEMENT (10-04-07-05-123) 1 the checks to the attention and address of Stephanie Foard-Wilder AS FOLLOWS: 630 2 East 38th Street, Los Angeles, CA 90011. Respondent shall make restitution to Jeffry Schuh in 3 the amount of $4,500 (four thousand five hundred dollars) as follows: Respondent shall pay the 4 total amcrunt of the restitution to Jeffry Schuh by way of forty eight (4 8) equal installment 5 payments of NINETY THREE DOLLARS AND SEVENTY FIVE CENTS ($93. 75) 6 beginning thirty (30) days after the effective date of this decision, and each consecutive 7 month thereafter, payable on the fifteenth (15th) day of each month. Respondent shall 8 make the checks for the payments to Jeffry Schuh and mail the checks to the attention and 9 address of Jeffry Schuh AS FOLLOWS: 411 Concord Street, El Segundo, CA 90245. 10 Respondent shall provide the Board with proof from Stephanie Foard-Wilder and Jeffry 11 Schuh attesting the full restitution has been paid. Failure to make any of the installment 12 payments set forth above shall be considered a violation of probation resulting in 13 Respondent's license being automatically revoked without an opportunity to be heard. 14 10. Suspension of License Due to the Child Support Arrear Payments. Any 15 suspension periods of Respondent's license due to the child support arrear payments or other 16 reasons, shall NOT count as time on probation with the Board. 17 ACCEPTANCE 18 I have carefully read the Stipulated Settlement and Disciplinary Order. I understand the 19 stipulation and the effect it will have on my Architect License. I enter into this Stipulated 20 Settlement and Disciplinary Order volunt1;1Iily, knowingly, and intelligently, and agree to be 21 bound by.the Decision and Order of the Board. 22 23 l-:i 24 DAIBD: ()!:;_I •S: l>f{ I I E . POWELL AKA TED POWELL DBA 25 DESIGN TO THE NINES, D 2 9S Respondent 26 27· 28 6 1 ENDORSEMENT The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully 2 3 submitted for consideration by the Board of the Department of Consumer Affairs. No -r1..i,, .2.o q 4 Dated: ~rf.121, 2011 Respectfully submitted, 5 KAMALA D. HARRIS 6 Attorney General of California MARC D. GREENBAUM 7 Supervising Deputy Attorney General 8 ~? -:/?--?'~ 9 (~ Deputy Attorney General 10 Attorneys for Complainant 11 12 13 LA2010600298 14 Stipulation.rtf 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 STIPULATED SETTLEMENT (10-04-07-05-123) cl'I' ( Exhibit A Accusation No. 10-04-07-05-123 1 EDMUND G. BROWN JR. Attorney General of California 2 MARCD. GREENBAUM Supervising D~puty Attorney General 3 MICHELLE MCCARRON Deputy Attorney General 4 State Bar No. 237031 300 So. Spring Street, Suite 1702 5 Los Angeles, CA 90013 Telepho~1e: (213) 897-2544 6 Facsimile: (213) 897-2804 Attorneys for Complainant 7 BEFORE THE 8 CALIFORNIA ARCHITECTS BOARD DEPARTMENT OF CONSUMER AFFAIRS 9 STATE OF CALJFORNIA 10 In the Matter of the Accusation Against: Case Nos. 07-05-123; 07-06-160. 11 EDWARD W. POWELL 12 AKA TED POWELL DBA DESIGN TO THE NINES, D 2 9S ACCUSATION 13 6131 Huasna Townsite Road Arroyo Grande, CA 93420 . No. 10-04-07-05-123 14 Architect License No. C-27775 15 Respondent. l6 17 Complainant alleges: 18 PARTIES 19 1. Douglas R. McCauley (Complainant) brings this Accusation solely in his official 20 capacity as the Executive Officer of the California Architects Board (Board), Department of . 21 Consumer Affairs. 22 2. On or about June 3, 1999, the Board issued Architect License Number C.:.27775 to 23 Edward W. Powell aka Ted Powell dba Design to the Nines, D 2 9s (Respondent). The Architect 24 License will expire on June 30, 2011, unless renewed. 25 JURISDICTION 26 3. This Accusation is brought before the Board, under the authority of the following 27 laws. All section references are to the Business and Professions Code unless otherwise indicated. 28 Ill 1 Accusation