IA VJD E. SELLERS Licens

STATE OF VERMONT
SECRETARY OF STATE
OFFICE OF PROFESSIONAL REGULAllON
BOARD OF ARCHITECTS
IJ~RE:
])IAVJD E. SELLERS
LicenseNo. 003-0000623
)
)
DocketNo: ARO3-0704
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STIPULAllON AND CONSENT ORDER
NOW COMES the State ofVemlont through StateProsecuting Attorney RobertlH.
B,ackusand the Respondent, in person, and through attorney Richard Rubin, and e~ter
into the following Stipulation and ConsentOrder.
Board Authority
1. The Board of Architects ("Board") has jurisdiction to investigate and adjudicate
c'Dmplaintsof unprofessional conduct against architects pursuant to 3 V.S.A. §§12Qand
129a~26 V.S.A. §164~the Administrative Rules of the Board of Architects~ and the Rules
of the Office of Professional Regulation.
Facts
2. Respondent,
David E. Sellers,is licensedasan Architect underlicensenumber0030000623,issuedby the Stateof Vermont. This licensewas originally issuedon or about
:t'rovember15, 1981and is currentlysetto expire on January31, 2007. Respondent's
Vermontlicenselapsedfrom December31, 1989until it was reinstatedby the Boatd on
or aboutFebruary16,2005.
3. At all times relevant, Respondentwas owner of "Sellers & Company" located iJ
VIImen, Vermont.
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4. In Decemberof 2003, structural and design plans for a project entitled "The L04ge at
Lincoln
(the "plans")
were were
submitted
to thesubmitted,
Vermont and
Department
ofBruce
Labor t d
lJldustryPeak"
for review.
These plans
prepared,
sealed by
Johnson, a Vermont licensed architect employed by Jung Brannen Associates, Inc., of
E:oston,Massachusetts.
5. The plans identified Jung Brannen Associates as Architect of Record, Bast & R0od
A..rchitectsas Associate Architect, and Sellers & Company as Design Architect.
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Charges
I
By negligently allowing the filing of plans in which Respondent's [Inn was
identified by the tenn "Architect" whenRespondentwas not properly licetsed in
the StateofVennont, Respondent
hasviolated 3 V.S.A. § 129a(b)(2).
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Understandings
fi. Respondentunderstandsthat the Board must review and acceptthe terms ofthd
ConsentOrder. If the Board rejects any portion, the entire Stipulation and Consent Order
shall be null and void and shall not be admissible at any hearing or other proceeding for
any purpose.
}'o Respondenthas read and reviewed this entire document and agreesthat it contains the
entire agreementbetween the parties.
8. Respondentvoluntarily enters this agreementafter the opportunity to consult with
1~galcounsel and is not being coerced by anyone into signing this Stipulation and I
ConsentOrder.
9. Respondentvoluntarily waives his right to a contested hearing before the Board and
any right to appeal from the order below.
10. Respondent
agreesthatthe Board may enterthe Order setforth below.
ORDER
Baseduponthe stipulationabove,it is ORDERED AND ADJUDGED as
follows:
A. Respondenthasviolated3 V.S.A. §129a(b)(2)
B. The Respondentis requiredto payan ADMINIST~ T~~ PEN~L T1fY.<>F
$500.00(FIVE HUNDRED DOLLARS), to be paId wIthin a penod0 s~
(60) daysfrom the dateof entryof this order.
c.
Pursuant
constitute
to
3 V.S.A.
unprofessional
§129(a)(3)
the
Board
finds
that
the
above
does
conduct.
no
!
D. This Stipulation and Consent Order is a matter of public record and may be
reported to other licensing authorities as provided in 3 V.S.A. §129(a).
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E. A violation of this Ordercanbe a basisfor disciplinaryaction.
F. This Stipulation and Consent Order will remain part of Respondent's
licensing file and may be used for purposes of determining sanctions in anY future
disciplinary matter.
Robert H.
State Prosecuting Attorney
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Dated:
Respondent
Approved asto form:
~~~~~~~'
By:~
~
Klchard
ubo
Attorney for Respondent
APPROVEDAND SO ORDERED: VERMONT BOARD OFARCffiTEqTS
Dated:
By:
Dateof entry
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Chairperson
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STATE OF VERMONT
SECRETARY OF STATE
OFFICE OF PROFESSIONAL REGULATION
BOARD OF ARCHITECTS
IN RE:
)
)
I»AVIDE. SELLERS
l,icense No. 0O3-0aOO623
Docket No: ARO3-0704
)
SPECIFICATION OF CHARGES
~
NOW COMESthe Stateof Vermontandmakesthe following Chargesagainstthe
R.espondent,
David E. Sellers:
Board Authority
1. The Board of Architects ("Board") has jurisdiction to investigate and adjudicate
complaints of unprofessional conduct against architects pursuant to 3 V.S.A. §§129 and
1:l9a; 26 V.S.A. §164; the Administrative Rules of the Board of Architects; and the Rules
of the Office of Professional Regulation.
Facts
2. Respondent,David E. Sellers, is licensed as an Architect under license number 0030000623, issued by the State of Vermont. This license was originally issued on or fibout
November 15, 1981 and is currently set to expire on January 31, 2007. Respondent's
Vermont license lapsed from December 31, 1989 until it ~~,I::~instated by the Board on
or about February 16, 2005.
3. At all times relevant, Respondentwas owner of "Sellers & Company" located iU
W'arren, Vermont.
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4. In December of2003, structural and design plans for a project entitled "The Lodge at
Lincoln Peak" (the "Plans") were submitted to the Vermont Department Labor and
Industry for review.
STATEOF VERMONT
Prosecuting Attorney
Office of
ProfessionalRegulation
9 Baldwin Street
Montpelier, VT
05609-1107
5. Respondentdid not seal the Plans, however, all pages of the Plans were stamped with
some form of the Respondent's firm name. Of the two-hundred twenty-four (224) page
Plans, Respondentsname appeared as follows: Forty (40) pages were stamped as "Sellers
& Co. Architects"; one-hundred forty-nine (149) pages were stamped as "Sellers &
Company, Design Architect"; thirty (30) pageswere stamped as "Sellers & Co.
AJ"chitects,Design Architect"; and five (5) pageswere stamped simply as "Sellers &
Company."
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Charges
(). For eachpage of the Plans that Respondentstamped in such a way as to lead people
to believe he was a validly licensed architect, Respondent has committed unprofessional
c:onductin violation of:
i. 26 V.S.A. § l22(a)(1) (No personshall: practice or attempt to practice I
architecture or hold himself or herself out as being able to do so in this state
without first having obtained the license required by this chapter);
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ii. 26 V.S.A. § 122(a)(2) (Use in connection with the person's name any letters,
words, title or insignia indicating or implying that the person is an architect unless
the person is licensed in accordancewith this chapter);
iii. 3 V.S.A. § 129a(a)(3)(failing to comply with provisionsof federalor state
statutesor rules governingthe practiceof the profession);and
iv. 3 V.S.A. § 129a(b)(2) (failure to practice competently by reasonof any cause
on a single occasion or on multiple occasions may constitute unprofessional
conduct. Failure to practice competently includes failure to conform to the
essential standardsof acceptableand prevailing practice).
Relief Requested
VYHEREFORE, the license of David E. Sellers should be revoked, suspended,
re:primanded,conditioned or otherwise disciplined.
tA '--I~
StateProsecutingAttorney
aT.sellers.sac
STATEOF VERMONT
t
Prosecuti~g Attorney
Office of
ProfessionalRegulation
9 Baldwin Street
Montpelier, VT
05609-1107
2006.
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