Chapter 04-056

2004 -- H 7640

Enacted 06/11/04

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS, ENGINEERS, LAND SURVEYORS AND LANDSCAPE ARCHITECTS

Introduced By: Representative Arthur J. Corvese

Date Introduced: February 10, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Sections 5-1-2, 5-1-3, 5-1-7, 5-1-8, 5-1-9, 5-1-13.1 and 5-1-15.1 of the

General Laws in Chapter 5-1 entitled "Architects" are hereby amended to read as follows:

5-1-2. Definitions. -- The following definitions apply in the interpretation of the

provisions of this chapter, unless the context requires another meaning:

(1) "Architect" means any person who engages in the practice of architecture as that term

is defined in this section as attested by his or her licensing as an architect in this state.

(2) "Board" means the board of examination and registration of architects established by

this chapter.

(3) "Certificate" means the certificate of registration issued annually by the board,

indicating that the individual named in the certificate is an architect.

(4) "Practice of architecture" means rendering or offering to render those services,

described as follows:

(i) Rendering or offering to render services in connection with the design and

construction, enlargement or alteration of a building or group of buildings and the space within

and surrounding the buildings, which have as their principal purpose human occupancy or

habitation;

(ii) The services referred to in this section include, but are not limited to, planning,

providing preliminary studies, designs, drawings, specifications, and other technical submissions,

the administration of construction contracts and the coordination of any elements of technical

submissions prepared by others including, as appropriate and without limitation, consulting

engineers and landscape architects;

(iii) The practice of architecture does not include the practice of engineering as defined

in section 5-8-1 et seq., but a registered architect may perform any engineering work that is

incidental to the practice of architecture.

(5) "Certificate of Authorization" means the certificate of authorization issued by the

board, indicating the ~~corporation, partnership, or sole proprietorship~~ sole proprietor, partnership,

limited liability partnership, corporation, or limited liability company named in the certificate is

permitted to practice architecture in the state.

5-1-3. Board -- Membership -- Appointments and term. -- (a) There is established a

board of examination and registration of architects, composed of five (5) architects. Each member

of the board must be a qualified elector of this state for three (3) consecutive years prior to

appointment. Each member of the board shall have engaged in the practice of architecture, as

defined by this chapter, as an individual practitioner, ~~a general partner of a firm~~ a partner of a

partnership or limited liability partnership, an officer or director of a corporation, or a member or

manager of a limited liability company engaged in the practice of architecture, ~~or an officer or~~

~~director of a corporation engaged in the practice of architecture,~~ for not less than seven (7) years

prior to his or her appointment.

(b) Each member of the board is appointed by the governor with the advice and consent

of the senate, to serve for a term of five (5) years and until a successor is appointed and qualified.

No member of the board shall be associated in the practice of architecture, either individually or

as a member of a firm, with any other member of the board.

the advice and consent of the senate, for the unexpired portion of the term. A member appointed

for a full term is not eligible for more than two (2) consecutive terms.

(d) Each member of the board takes, and subscribes to, the oath of office required of

state officials generally.

5-1-7. Practice prohibited -- Criminal penalties -- Injunctions. -- (a) No individual

shall: (1) practice or offer to practice architecture in this state; (2) use any title, sign, card, or

device implying that the individual is an architect or is competent to practice architecture in this

state; (3) use in connection with his or her name or otherwise any title or description conveying or

tending to convey the impression that the individual is an architect or is competent to practice

architecture in this state; or (4) use or display any words, letters, figures, seals, or advertisements

indicating that the individual is an architect or is competent to practice architecture in this state,

unless that individual holds a currently valid certificate issued pursuant to this chapter or is

specifically exempted from holding a certificate under the provisions of this chapter.

(b) No sole proprietorship, partnership, or limited liability partnership corporation, or

limited liability company shall: (1) practice or offer to practice architecture in this state; (2) use

any title, sign, card, or device implying that the sole proprietorship, partnership, or limited

liability partnership, corporation, or limited liability company is competent to practice

architecture in this state; (3) use in connection with its name or otherwise any title or description

conveying or tending to convey the impression that the entity is an architectural firm or is

competent to practice architecture in this state; or (4) use or display any works, letters, figures,

seals, or advertisements indicating that the entity is an architectural firm or is competent to

practice architecture in this state, unless that sole proprietorship, partnership, or limited liability

partnership, corporation, or limited liability company complies with the requirements of this

chapter.

corporation, or limited liability company which: (1) violates subsection (a) or (b) of this section;

(2) presents or attempts to use the certificate of registration/authorization of another; (3) gives any

false or forged evidence of any kind to the board or to any member of the board in obtaining or

attempting to obtain a certificate of registration/authorization; (4) falsely impersonates any other

registrant whether of a like or different name; (5) uses or attempts to use an expired, revoked, or

nonexistent certificate of registration/authorization; (6) falsely claims to be registered under this

chapter; or (7) otherwise violates any provision of this chapter, is guilty of a misdemeanor, and

upon conviction by a court of competent jurisdiction shall be sentenced to: (i) pay a fine of not

more than one thousand dollars ($1,000) for the first offense and a fine of not less than one

thousand dollars ($1,000) nor more than two thousand dollars ($2,000) for each subsequent

offense or imprisonment for not more than one year, or both; and (ii) in the court's discretion and

upon good cause shown, reimburse the board for any and all fees, expenses, and costs incurred by

the board in connection with the proceedings, including attorneys fees (which amounts shall be

deposited as general revenues); and (iii) be subject to, in the board's discretion, public censure or

reprimand.

(d) The board has the power to institute injunction proceedings in superior court to

prevent violations of subsection (a) or (b) or violations of section 5-1-12. In injunction

proceedings, the board is not required to prove that an adequate remedy at law does not exist, or

that substantial or irreparable damage would result from continued violations. The superior court,

in its discretion and in addition to any injunctive relief granted to the board, may order that any

person or entity in violation of this section shall: (1) upon good cause shown reimburse the board

for any and all fees, expenses, and costs incurred by the board in connection with the

proceedings, including attorneys fees (which amounts shall be deposited as general revenues);

and/or (2) be subject to public censure or reprimand.

5-1-8. Examination and qualifications of applicants for certificates of registration. --

(a) Any individual who is at least twenty-one (21) years of age ~~and a resident of Rhode Island~~

may apply for a certificate of registration under this chapter; provided, that the board may waive

the requirement of residency in any case or category of cases where the board determines that the

applicant is not seeking to avoid the registration requirements of his or her state or country of

residence.

(b) Each applicant for a certificate of registration shall submit evidence satisfactory to

the board that he or she holds a National Architectural Accrediting Board (NAAB) professional

degree in architecture from an accredited school and has had any practical experience including

academic training, that the board, by regulations uniformly applied, deems appropriate. The board

may, in its discretion, adopt as its standards for minimum experience the guidelines on practical

experience of the National Council of Architectural Registration Boards.

shall submit to a registration examination. The examination shall cover any technical and

professional subjects and shall be graded on any basis that the board prescribes by regulation.

Results of the examination are announced within ninety (90) days of the date on which the

examination commenced. The board may, in its discretion, adopt the examinations and

recommended grading procedures of the National Council of Architectural Registration Boards.

(d) The board may require applicants under this section and under section 5-1-9 to

submit to a personal interview.

5-1-9. Interstate practice. -- A non-resident licensed architect seeking to practice

architecture in the state of Rhode Island shall, upon application, obtain a certificate of registration

by submitting evidence satisfactory to the board that he or she is registered to practice

architecture in another state, and that he or she has fulfilled the requirements for National Council

of Architectural Registration Board's certification~~, and that he or she meets the requirements~~

~~prescribed in section 5-1-8.~~. The board shall act upon the application for a certificate of

registration within forty-five (45) days of submission of evidence that the applicant is registered

in that manner.

5-1-13.1. Initiation of proceedings -- Hearings before the board -- Appeals -- Notice

to other states. -- (a) The board may initiate proceedings under this chapter against holders of a

certificate of registration and/or a certificate of authorization (subsequently referred to as

licensee(s)) either on its own motion, or on complaint of any person, upon a finding of probable

cause by a probable cause committee appointed by the board pursuant to section 5-1-5, or upon

receiving notification from another state board of architects or from the appropriate authority in

another country/jurisdiction of its decision to:

(1) Revoke, suspend, or refuse to renew the practice privileges granted in that state or in

that country/jurisdiction to the licensee; or

(2) Publicly censure, or censure in writing, limit the scope of practice of, impose an

administrative fine upon, or place on probation the licensee.

(b) A written notice stating the nature of the charge or charges against the licensee and

the time and place of the hearing before the board on the charges shall be served on the licensee

not less than twenty (20) days prior to the date of the hearing either personally or by mailing a

copy of the notice by certified mail, return receipt requested, to the address of the licensee last

known to the board.

licensee fails to appear at the hearing and to defend against the stated charges, the board may

proceed to hear evidence against the licensee and may enter any order that is justified by the

evidence. That order is final unless the licensee petitions for a review of it as provided in this

section; provided, that within thirty (30) days from the date of any order, upon a showing of good

cause for failing to appear and defend, the board may reopen the proceedings and may permit the

licensee to submit evidence in his, her or on its behalf.

(d) (1) At any hearing under this section, the licensee may:

(i) Appear in person or be represented by counsel;

(ii) Produce evidence and witnesses on his, her, or its behalf;

(iii) Cross examine witnesses; and

(iv) Examine the evidence that is produced.

(2) A sole proprietorship may be represented before the board by counsel or by the sole

proprietor. A partnership or limited liability partnership may be represented before the board by

counsel or any partner of ~~counsel~~ the partnership. A corporation may be represented by counsel

before the board or by any shareholder, officer or director of the corporation. ~~A sole~~

~~proprietorship may be represented by counsel before the board or by the sole proprietor.~~ A

limited liability company may be represented before the board by counsel or by any member or

manager of the limited liability company. The licensee is entitled, upon written application to the

board, to the issuance of subpoenas to compel the attendance of witnesses on the licensee's

behalf.

(e) The board or any member of the board may issue subpoenas to compel the attendance

of witnesses and the production of documents and may administer oaths, take testimony, hear

proofs and receive exhibits in evidence in connection with or upon hearing under this chapter. In

case of disobedience to a subpoena, the board may petition the superior court to require the

attendance and testimony of witnesses and the production of documentary evidence.

(f) The board is not bound by strict rules of procedure or by laws of evidence in the

conduct of its proceedings, but any determination of the board is based upon sufficient legal

evidence to sustain the determination.

(g) A stenographic record of all hearings under this section shall be kept and a transcript

of the record filed with the board.

(h) The decision of the board is made by vote in accordance with the rules and

regulations established under section 5-1-5.

(i) Any appeal from the decision of the board, by a person or persons adversely affected

by the decision, is governed by section 42-35-15.

(j) On rendering a decision to: (1) revoke or suspend or refuse to renew a certificate of

registration issued under the laws of this state; (2) revoke or suspend or refuse to renew a

certificate of authorization issued under the laws of this state; or (3) publicly censure, censure in

writing, limit the scope of practice of, impose an administrative fine upon, or place on probation a

licensee, the board shall examine its records to determine whether the licensee holds a certificate

of registration or a certificate of authorization to practice in any other state or

country/jurisdiction. If the board determines that the licensee in fact holds a certificate of

registration or certificate of authorization, the board shall immediately notify the board of

architecture of the other state or country/jurisdiction by mail of its decision under this section, and

include in the notice an indication as to whether or not the licensee has appealed the decision.

(k) The board may, in its discretion, order any licensee against whom proceedings have

been initiated under sections 5-1-13 and 5-1-13.1 to reimburse the board for any fees, expenses,

and costs incurred by the board in connection with the proceedings, including attorneys fees.

These fees shall be paid within thirty (30) days from the date they are assessed and may be

reviewed in accordance with section 42-35-15, and deposited as general revenues.

(l) The board may, in its discretion, issue a certificate of registration or certificate of

authorization to any applicant denied a certificate of registration or certificate of authorization,

under any of the provisions of this section upon presentation of suitable evidence.

(m) The attorney general or his or her deputy shall act as legal advisor to the board and

render any legal assistance as is necessary in carrying out the provisions of this chapter. The

board may employ other counsel and obtain other necessary assistance to be appointed by the

governor to aid in the enforcement of this chapter, and the compensation and expenses for the

employment shall be paid from the fund of the board.

5-1-15.1. ~~Certificate of authorization for sole proprietorships, partnerships, or~~

~~corporations. --~~ Certificate of authorization for sole proprietorships, partnerships, limited

liability partnerships, corporations or limited liability companies. -- (a) A sole proprietorship,

partnership, or limited liability partnership, corporation or limited liability company is admitted

to practice architecture in this state if:

(1) Two-thirds (2/3) of the partners (if a partnership or limited liability partnership) or

two-thirds (2/3) of the directors and officers (or shareholders if there are no directors, if a

corporation) or two-thirds (2/3) of the managers (or members if there are no managers, if a

limited liability company) are registered under the laws of any state or any reciprocal jurisdiction

as defined by the National Council of Architectural Registration Boards to practice architecture or

engineering;

(2) One-third (1/3) of the partners (if a partnership or limited liability partnership) or

one-third (1/3) of the directors and officers (or shareholders if there are no directors, if a

corporation), or one-third (1/3) of the managers (or members if there are no managers, if a limited

liability company) are registered under the laws of any state or reciprocal jurisdiction as defined

by the National Council of Architectural Registration Boards to practice architecture; and

(3) The person having the practice of architecture in his or her charge is himself or

herself a partner (if a partnership or limited liability partnership) or a director or officer (or

shareholders if there are no directors, if a corporation) or a manager (or members if there are no

managers, if a limited liability company) and registered to practice architecture in this state.

(b) The board is empowered to require any sole proprietorship, partnership, or limited

liability partnership, or corporation or limited liability company practicing architecture in this

state to file information concerning its partners, shareholders, officers, directors, members,

managers, and other aspects of its business organization, upon any forms that the board

prescribes.

proprietorship, partnership, limited liability partnership, or corporation, or limited liability

company subsequently referred to as the "firm", through one or more architects registered under

the provisions of this chapter, is permitted provided that the registered architect(s) are in direct

control of the practice or exercise personal supervision of all personnel who act in behalf of the

firm in professional and technical matters; and provided, further, that the firm has been issued a

certificate of authorization by this board.

(d) Within one year after enactment of this chapter, every firm must obtain a certificate

of authorization from this board, and those individuals in direct control of the practice or who

exercise personal supervision of all personnel who act in behalf of the firm in professional and

technical matters must be registered with the board. The certificate of authorization is issued by

the board upon satisfaction of the provisions of this chapter and the payment of a fee as

determined by the board in accordance with section 5-1-11. This fee is waived if the firm consists

of only one person who is the registered architect. Every firm must file with the board an

application for a certificate of authorization on a form provided by the board.

(e) Every certificate of authorization is valid for a period of two (2) years and expires on

the last day of December of each even numbered year following its issuance. A separate form

provided by the board is to be filed with each renewal of the certificate of authorization. The firm

shall complete a renewal form within thirty (30) days of the time any information previously filed

with the board has changed, is no longer true or valid, or has been revised for any reason. If, in its

judgment, the information contained on the application and/or renewal form is satisfactory and

complete, the board will issue a certificate of authorization for the firm to practice architecture in

this state. The board may require all applicants for renewal to provide the board with information,

including but not limited to, a brief outline setting forth the professional activities of any

applicant during a period in which a certificate of authorization has lapsed and other evidence of

the continued competence and good character of the applicant, all as the board deems necessary.

SECTION 2. Sections 5-8-18, 5-8-19, 5-8-20, 5-8-21 and 5-8-24 of the General Laws in

Chapter 5-8 entitled "Engineers" are hereby amended to read as follows:

5-8-18. Suspension, refusal to renew, and revocation of certificates -- Complaints --

Hearings. -- (a) After notice and hearing as provided in this section, the board may in its

discretion: (1) suspend, revoke, or refuse to renew any certificate of registration; (2) revoke or

suspend or refuse to renew any certificate of authorization; (3) publicly censure, or reprimand or

censure in writing; (4) limit the scope of practice of; (5) impose an administrative fine upon, not

to exceed one thousand dollars ($1,000) for each violation; (6) place on probation; and/or (7) for

good cause shown order a reimbursement of the board for all fees, expenses, costs, and attorneys

fees in connection with the proceedings, which amounts shall be deposited as general revenues,

all with or without terms, conditions or limitations, holders of a certificate of registration or a

certificate of authorization, hereafter referred to as licensee(s), for any one or more of the causes

set out in subsection (b).

(b) The board may take actions specified in subsection (a) for any of the following

causes:

(1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or

certificate of authorization;

(2) Practicing engineering in another state or country/jurisdiction in violation of the laws

of that state or country/jurisdiction;

(3) Practicing engineering in this state in violation of the standards of professional

conduct established by the board;

(4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the

practice of engineering;

(5) Use of an engineer's stamp in violation of section 5-8-14;

(6) Violation of any of the provisions of this chapter;

(7) Suspension or revocation of the right to practice engineering before any state or

before any other country/jurisdiction;

(8) Conviction of or pleading guilty or nolo contendere to any felony or to any crime of,

or an act constituting a crime of, forgery, embezzlement, obtaining money under false pretenses,

bribery, larceny, extortion, conspiracy to defraud, or any other similar offense or offenses

involving moral turpitude, in a court of competent jurisdiction of this state or any other state or of

the federal government;

(9) Failure to furnish to the board or any person acting on behalf of the board in a

reasonable time any information that may be legally requested by the board;

(10) In conjunction with any violation of subsection (b)(1) through (9), any conduct

reflecting adversely upon the licensee's fitness to engage in the practice of engineering; and

(11) In conjunction with any violation of subsection (b)(1) through (9), any other

conduct discreditable to the engineering profession.

misconduct against any registrant. Those charges shall be in writing, sworn to by the person or

persons making them and filed with the board.

(d) All charges, unless dismissed by the board as unfounded or trivial, shall be heard by

the board within three (3) months after the date on which they have been properly filed.

(e) The time and place for the hearing pursuant to subsection (c) is fixed by the board,

and a copy of charges, together with a notice of the time and place of hearing, personally served

on or mailed to the last known address of the registrant, at least thirty (30) days before the date

fixed for the hearing. At any hearing, the accused registrant shall have the right to appear

personally and/or by counsel, to cross-examine witnesses appearing against him or her, and to

produce evidence and witnesses in his or her own defense.

(f) If, after the hearing pursuant to subsection (d), the evidence is in favor of sustaining

the charges, the board may in its discretion suspend, refuse to renew, or revoke the certificate of

registration or certificate of authorization, or publicly censure the licensee, or take any other

action and/or order any other penalty permitted by this section. The board, for reasons it deems

sufficient, may reissue a certificate of registration or certificate of authorization or renewal to any

person or firm whose certificate has been revoked.

(g) In addition, the board may on its own motion investigate the conduct of an applicant,

engineer, ~~corporation, professional service corporation, partnership and/or~~ sole proprietorship

partnership, limited liability partnership, corporation, limited liability company or individual.

5-8-19. Appeals. -- Any person, sole proprietorship, partnership, limited liability

partnership, corporation or limited liability company aggrieved by any decision or ruling of the

board may appeal from it in accordance with the provisions of chapter 35 of title 42. For the

purposes of this section, the division or board is considered a person.

5-8-20. Violations and penalties -- Enforcement -- Injunctions. -- (a) No individual

shall: (1) practice or offer to practice engineering in this state; (2) use any title, sign, card, or

device implying that the individual is an engineer or is competent to practice engineering in this

state; (3) use in connection with his or her name or otherwise any title or description conveying or

tending to convey the impression that the individual is an engineer or is competent to practice

engineering in this state; or (4) use or display any words, letters, figures, seals, or advertisements

indicating that the individual is an engineer or is competent to practice engineering in this state,

unless that individual holds a currently valid certificate issued pursuant to this chapter or is

specifically exempted from the certificate requirement under the provisions of this chapter.

(b) No sole proprietorship, partnership, ~~or corporation~~ limited liability partnership,

corporation or limited liability company shall: (1) practice or offer to practice engineering in this

state; (2) use any title, sign, card, or device implying that the sole proprietorship, partnership, or

~~corporation~~ limited liability partnership, corporation or limited liability company is competent to

practice engineering in this state; (3) use in connection with its name or otherwise any title or

description conveying or tending to convey the impression that the entity is an engineering firm

or is competent to practice engineering in this state; or (4) use or display any words, letters,

figures, seals, or advertisements indicating that the entity is an engineering firm or is competent

to practice engineering in this state, unless that sole proprietorship, partnership, ~~or corporation~~

limited liability partnership, corporation or limited liability company complies with the

requirements of this chapter.

partnership, corporation or limited liability company which: (1) violates subsection (a) or (b) of

this section; (2) presents or attempts to use the certificate of registration/authorization of another;

(3) gives any false or forged evidence of any kind to the board or to any member thereof in

obtaining or attempting to obtain a certificate of registration/authorization; (4) falsely

impersonates any other registrant whether of a like or different name; (5) uses or attempts to use

an expired, revoked, or nonexistent certificate of registration/authorization; (6) falsely claims to

be registered under this chapter; or (7) otherwise violates any provision of this chapter, is guilty

of a misdemeanor, and upon conviction by a court of competent jurisdiction shall be sentenced to:

(i) pay a fine of not more than one thousand dollars ($1,000) for the first offense and a fine of not

less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) for each

subsequent offense or imprisonment for not more than one year, or both; and (ii) in the court's

discretion and upon good cause shown reimburse the board for any and all fees, expenses, and

costs incurred by the board in connection with the proceedings, including attorneys fees, which

amount shall be deposited as general revenues; and (iii) be subject to, in the board's discretion,

public censure or reprimand.

(d) The board has the power to institute injunction proceedings in superior court to

prevent violations of subsection (a) or (b) of this section or violations of section 5-8-1. In

injunction proceedings, the board is not required to prove that an adequate remedy at law does not

exist, or that substantial or irreparable damage would result from continued violations. The

superior court, in its discretion and in addition to any injunctive relief granted to the board, may

order that any person or entity in violation of this section shall: (1) upon good cause shown

reimburse the board for any and all fees, expenses, and costs incurred by the board in connection

with the proceedings, including attorneys fees, which amounts shall be deposited as general

revenues; and/or (2) be subject to public censure or reprimand.

(e) It is the duty of all constituted officers of the state and all political subdivisions of the

state, to enforce the provisions of this chapter and to prosecute any persons violating those

provisions.

(f) The attorney general of the state or his or her assistant shall act as legal adviser to the

board and render any legal assistance that is necessary in carrying out the provisions of this

chapter. The board may employ counsel and necessary assistance to aid in the enforcement of this

chapter, and their compensation and expenses shall be paid from funds as provided in section 5-8-

23.

5-8-21. Exemptions. -- This chapter is not construed to prevent or to affect:

(1) Temporary certificates of registration.

(i) Nonresidents. - The practice or offer to practice of engineering by a person not a

resident of or having no established place of business in this state, when that practice does not

exceed in the aggregate more than thirty (30) days in any calendar year; provided, the person is

legally qualified by registration to practice engineering as defined in section 5-8-2(f), in his or her

own state or country. The person shall make application to the board, in writing, and after

payment of a fee of one hundred and fifty dollars ($150) may be granted a written temporary

certificate of registration for a definite period of time to do a specific job; provided, no right to

practice engineering accrues to an applicant as to any work not prescribed in the temporary

certificate.

(ii) Recent arrivals in state. - The practice of a person not a resident of and having no

established place of business in this state, or who has recently become a resident of the state,

practicing or offering to practice engineering in the state for more than thirty (30) days in any

calendar year, if he or she has filed with the board an application for a certificate of registration

and has paid the fee required by this chapter; provided that the person is legally qualified by

registration to practice engineering in his or her own state or country. That practice continues

only for the time that the board requires for the consideration of the application for registration.

(2) Employees and subordinates. - The work of an employee or a subordinate of a person

holding a certificate of registration under this chapter, or an employee of a person practicing

lawfully under subdivision (1)(ii); provided that work does not include final engineering designs

or decisions and is done under the direct supervision of or checked by a person holding a

certificate of registration under this chapter or a person practicing lawfully under subdivision (1)

of this section.

(3) ~~Corporate and partnership obligations~~. – Partnership, limited liability partnership,

corporate and limited liability company practice. The practice or offer to practice of engineering

as defined by this chapter, by individual registered professional engineers through a partnership,

limited liability partnership, corporation, joint stock company, or ~~corporation~~ limited liability

company, or by a partnership, limited liability partnership, corporation, limited liability company,

or joint stock company, ~~or corporations~~ through individual registered professional engineers as

agents, employees, officers, or partners; or members or managers, provided, that they are jointly

and severally liable for their professional acts; and provided, further, that all personnel of that

partnership, limited liability partnership, joint stock company, or corporation or limited liability

company who act in its behalf as engineers in the state are registered under this chapter or are

persons practicing lawfully or are exempt under subdivision (2) or (3). Each partnership, limited

liability partnership, joint stock company, or corporation or limited liability company providing

engineering services is jointly and severally liable with the individually registered professional

engineers, and all final plans, designs, drawings, specifications, and reports involving engineering

judgment and discretion, when issued, shall be dated and bear the seals and signatures of the

engineers who prepared them.

(4) Federal employees. - The practice by officers and employees of the government of

the United States while engaged within this state in the practice of engineering for that

government; provided, that no right to practice engineering accrues to those persons as to any

other engineering work. The rights to registration after leaving government employment shall not

be granted except under the provisions established under section 5-8-11.

(5) Railroad, telephone, telegraph, and other public utility companies. - The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; and provided, further, that no right to practice engineering accrues to

any unregistered person as to any other engineering work.

(6) Manufacturing corporations. - The practice of engineering, as prescribed in this

chapter, by manufacturing corporations, and their officers and employees while engaged in

manufacturing, research and development activities for those corporations.

(7) Research and development corporations. - The practice of engineering, as prescribed

in this chapter, by research and development corporations, and their officers and employees while

engaged in research and development activities for that corporation.

(8) Other professions. - The practice of architecture, landscape architecture, or land

surveying.

5-8-24. ~~Corporate, partnership and sole proprietorship practice. -~~- Sole

proprietorship, partnership, limited liability partnership, corporate and limited liability

company. -- (a) The practice or offer to practice engineering as defined by this chapter by a

~~corporation, partnership, or~~ sole proprietorship, partnership, limited liability partnership,

corporation or a limited liability company subsequently referred to as the "firm", through

individuals is permitted; provided, that the individuals: (1) are in direct control of the practice; (2)

exercise personal supervision of all personnel who act in behalf of the firm in professional and

technical matters; and (3) are registered under the provisions of this chapter; and provided,

further, that the firm has been issued a certificate of authorization by the board of engineers.

(b) (1) Within one year after enactment of this chapter every firm must obtain a

certificate of authorization from the board and those individuals in direct control of the practice

and who exercise direct supervision of all personnel who act in behalf of the firm in professional

and technical matters must be registered with the board. The certificate of authorization is issued

by the board upon satisfaction of the provisions of this chapter and the payment of a fee not to

exceed one hundred twenty-five dollars ($125). This fee is waived if the firm consists of only one

person who is the person in responsible charge.

(2) Every firm desiring a certificate of authorization must file with the board an

application for a certificate of authorization on a form to be provided by the board. A separate

form provided by the board is to be filed with each renewal of the certificate of authorization and

within thirty (30) days of the time any information previously filed with the board has changed, is

no longer true or valid, or has been revised for any reason. If, in its judgment, the information

contained on the application and renewal form is satisfactory and complete, the board will issue a

certificate of authorization for the firm to practice engineering in this state.

(3) No firm that has been granted a certificate of authorization by the board is relieved of

responsibility for modification or derivation of the certificate, unless the board has issued for the

applicant a certificate of authorization or a letter indicating the eligibility of the applicant to

receive the certificate. The firm applying shall supply the certificate or letter from the board with

its application for incorporation, organization or registration as a foreign corporation.

SECTION 3. Sections 5-8.1-2, 5-8.1-5, 5-8.1-8, 5-8.1-13 and 5-8.1-17 of the General

Laws in Chapter 5-8.1 entitled "Land Surveyors" are hereby amended to read as follows:

5-8.1-2. Definitions. -- The following definitions apply in the interpretation of the

provisions of this chapter, unless the context requires another meaning:

(1) "ABET" means the accreditation board for engineering and technology.

(2) "Accredited program" means an approved program or course of study currently

accredited and subject to review by the accepted national organization ABET (land surveying)

and any other similar school or course of study which fulfills equivalent requirements which the

board approves.

(3) "Applicant" means an individual who has submitted an application for registration to

practice land surveying as a surveyor-in-training, and/or a certification of authorization.

(4) "Board of land surveyors", "board of professional land surveyors" or "board" means

the board of registration for professional land surveyors, as subsequently provided by this

chapter.

(5) "Candidate" means a person who has the qualifications prerequisite by statute and

board regulation for admission to examination and who has filed with the board an application for

registration accompanied by the required examination fee.

(6) "Certificate of registration" means a certificate issued by the board of professional

land surveyors to a person to engage in the profession regulated by the board.

(7) "Land surveyor-in-training" means a person who has qualified for, taken and passed

an examination in the fundamentals of land surveying.

(8) "NCEES" means the National Council of Examiners for Engineering and Surveying.

(9) "Part-time" means any type of employment or work engagement that requires less

than twenty (20) hours of labor per week.

(10) "Practice of land surveying" means any service or work, the adequate performance

of which involves the application of special knowledge of the principles of mathematics, the

related physical and applied sciences and the relevant requirements of law for adequate evidence

to perform the act of measuring and locating lines, angles, elevations, natural and manmade

features in the air, on the surface of the earth, within underground workings, and on the beds of

bodies of water for the purpose of determining areas and volumes, for the monumenting of

property boundaries and for the platting and layout of lands and their subdivisions, including the

topography, alignment, and grades of streets and for the preparation of maps, record plats, field

note records and property descriptions that represent these surveys.

(11) "Practice or offer to practice" means a person who engages in land surveying, or

who by verbal claim, sign, letterhead, card or in any other way represents himself/herself to be a

professional land surveyor.

(12) "Principal" means an individual who is a registered professional land surveyor and

who is an officer, shareholder, director, partner, member, manager or owner of that organization

and who is in responsible charge of an organization's professional practice for which he or she is

registered.

(13) "Professional land surveyor" means a person who has been duly registered as a

professional land surveyor by the board established under this chapter, and who is a professional

specialist in the technique of measuring land, educated in the basic principles of mathematics, the

related physical and applied sciences and the relevant requirements of law for adequate evidence

and all to surveying of real property and engaged in the practice of land surveying as defined in

this section.

(14) "Registrant" means an individual who has been issued a certificate of registration by

the board of professional land surveyors.

(15) "Registrant's seal" means an emblem of a type, shape, and size and as specified by

the board of registration of professional land surveyors for use by an individual registrant to

stamp legal descriptions final drawings, specifications, and reports.

(16) "Responsible charge" means direct control and personal supervision of the work

performed. No person may serve in responsible charge of land surveying work done in Rhode

Island unless that person is registered as a professional land surveyor by the board.

(17) "Rules and regulations" means that document of the same title as amended from

time to time that has been duly adopted by the board of professional land surveyors and which

prescribes the manner in which that board administers its affairs and establishes rules of conduct,

procedures, and standards for adherence by all persons registered by the board, filed with the

secretary of state in accordance with the provisions of sections 42-35-3(a) and 42-35-4(b), and

this chapter.

(18) "Experience" means combined office and field work in land surveying satisfactory

to the board, including any work which is performed under the direct control and personal

supervision of a professional land surveyor.

(19) "Related curriculum" means an educational program of sufficient length and

academic quality and content to satisfy the board.

5-8.1-5. Board of registration for professional land surveyors -- Membership,

appointments, terms, and vacancies. -- (a) The board of land surveyors consists of five (5)

professional land surveyors only one of whom may also be a professional engineer and all of

whom are registered in the state. Each member of the board must be a qualified elector of this

state for three (3) years prior to appointment. Each member been engaged in the lawful practice

of land surveying for at least seven (7) years and shall have been in responsible charge of

surveying work for at least five (5) years.

(b) Each member of the board is appointed by the governor, within sixty (60) days of the

enactment of this chapter, for staggered terms, to serve a term of five (5) years or until his or her

successor is appointed and qualified; however, in the original appointments under this section:

(1) One member is appointed for a period of one year,

(2) One member is appointed for a period of two (2) years,

(3) One member is appointed for a period of three (3) years,

(4) One member is appointed for a period of four (4) years and

(5) One member is appointed for a period of five (5) years.

surveying either individually or as a member of a ~~firm,~~ partnership, limited liability partnership,

or corporation, or limited liability company with any other member of the board.

(d) Vacancies in the membership of the board of land surveyors are filled for any

unexpired terms by appointment of the governor.

(e) A member appointed for a full term is not eligible for more than two (2) consecutive

terms.

(f) The governor may remove any member of the board of land surveyors for

misconduct, incompetency, neglect of duty, or for any sufficient cause, in the manner prescribed

by law for removal of state officials.

(g) Each member of the board of land surveyors receives a certificate of his or her

appointment from the governor and files with the secretary of state his or her written oath or

affirmation for the faithful discharge of his or her official duties.

(h) Within thirty (30) days of the appointment of the board, the director or his or her

designee shall summon the members of the board to organize and elect a chairperson, vice-

chairperson and secretary from the appointed members.

5-8.1-8. Board of registration for professional land surveyors -- Records and

reports. -- (a) The board of land surveyors shall keep a record of its proceedings and of all

applications for registration, which applications shall show:

(1) Name, date of birth, and last known address of each applicant;

(2) Date of the application;

(3) The last known place of business of the applicant;

(4) The education, experience and other qualifications of the applicant;

(5) The type of examination administered;

(6) Whether or not the applicant was accepted or rejected;

(7) Whether or not a certificate of registration was granted;

(8) The date of action of the board; and

(9) Any other information that the board deems appropriate.

(b) Board records and papers of the following classes are of a confidential nature and are

not public records:

(1) Examination material for examinations not yet given;

(2) File records of examination problem solutions;

(3) Letters of inquiry and references concerning applicants;

(4) Completed board inquiry forms concerning applicants;

(5) Investigatory files where any investigation is still pending; and

(6) All other materials of like nature.

of the board and a certified transcript by the board is admissible in evidence with the same force

and effect as if the original were produced.

(d) A complete roster showing the names and last known addresses of all registered

professional land surveyors and surveyors in training and any ~~corporation~~ sole proprietorship,

partnership, ~~or sole proprietorship~~ limited liability partnership, corporation or limited liability

company receiving a certificate of authorization is compiled by the board of land surveyors once

each year, or at intervals as established by board regulations. Copies of this roster are placed on

file with the secretary of state and may be mailed to each person listed in the roster and in

addition may be distributed or sold to the public.

5-8.1-13. Board of registration for professional land surveyors -- Permitted

practices. -- (a) Exemption clause. - This chapter is not construed to prevent or to affect:

(1) Employees and subordinates. The work of an employee or subordinate of a person

holding a certificate of registration under this chapter; provided, that the work does not include

final land surveying work or decisions and is done under the direct supervision of, or checked by,

a person holding a certificate of registration issued under this chapter.

(2) Federal employees. The practice by officers and employees of the government of the

United States while engaged within this state in the practice of land surveying for the government

on property owned by the federal government; provided, that no right to practice land surveying

accrues to those persons as to any other land surveying work. The right to registration after

government employment is not granted except under the provisions prescribed under section 5-

8.1-11.

(3) Other professions. The practice of engineering, architecture, or landscape

architecture.

(b) ~~Corporate, partnership and sole~~ Sole proprietorship, partnership, limited liability

partnership, corporate and limited liability company practice. - (1) The practice or offer to

practice land surveying as defined by this chapter by ~~a corporation, partnership, or~~ sole

proprietorship, partnership, limited liability partnership, corporation or limited liability company,

subsequently referred to as the "firm", through individuals is permitted; provided, that the

individuals are in direct control of that practice; exercise personal supervision of all personnel

who act in behalf of the firm in professional and technical matters; and, are registered under the

provisions of this chapter; and provided, further, that the firm has been issued a certificate of

authorization by the board of land surveyors.

(2) Within one year after enactment of this chapter every firm must obtain a certificate of

authorization from the board and those individuals in direct control of the practice and who

exercise direct supervision of all personnel who act in behalf of the firm in professional and

technical matters must be registered with the board. The certificate of authorization is issued by

the board upon satisfaction of the provisions of this chapter and the payment of an annual fee not

to exceed fifty dollars ($50.00).

(3) It is the intent of the board of registration to establish that the professional land

surveyor is responsible for land surveying services.

(4) Every firm desiring a certificate of authorization must file with the board an

application for the certificate on a form provided by the board. A separate form provided by the

board is to be filed with each renewal of the certificate of authorization and within thirty (30)

days of the time any information previously filed with the board has changed, is no longer true or

valid, or has been revised for any reason. If in its judgment, the information contained on the

application and renewal form is satisfactory and complete, the board issues a certificate of

authorization for the firm to practice land surveying in this state.

(5) No firm that has been granted a certificate of authorization by the board of land

surveyors is relieved of responsibility for the conduct or acts of its agents, employees, ~~officers, or~~

partners (if a partnership or a limited liability partnership), officers or directors (if a corporation),

or members or managers (if a limited liability company) because of its compliance with the

provisions of this section. No individual practicing land surveying under the provisions of this

chapter is relieved of responsibility for land surveying services performed by reason of his or her

employment or other relationship with a firm holding a certificate of authorization as

subsequently described.

(6) A land surveyor may not, for the purposes of this section, be designated as being in

responsible charge on more than two (2) certificates of authorization.

(7) Certificates of authorization are renewed as previously provided for certificates of

registration in section 5-8.1-11.

(8) ~~Corporations organized under the provisions of chapter 5.1 of title 7 entitled~~

~~"Professional Service Corporations"~~ Limited liability partnerships, corporations and limited

liability companies shall submit a copy of their articles of incorporation, articles of organization

or certificate of registration in order to obtain a certificate of authorization from the board of land

surveyors.

(9) Corporations other than those organized under chapter 5.1 of title 7, partnerships and

sole proprietorships practicing in this state prior to the date of the enactment of this chapter shall

fully comply with the provisions of this section within one year of the date of that enactment.

(10) Effective one year from July 1, 1990, the secretary of state shall not issue a

certificate of incorporation or certificate of organization or certificate of registration to any

applicant, or a registration as a foreign corporation, limited liability partnership or limited liability

company, to any firm, which includes among the objectives for which it is being established any

of the words "surveyor", "surveying" or any modification or derivation of those words, unless the

board of land surveyors has issued for the applicant a certificate of authorization or a letter

indicating the eligibility of the applicant to receive the certificate. The firm applying shall supply

the certificate or letter from the board with its application for incorporation or registration as a

foreign corporation, limited liability partnership or limited liability company.

registration and each land surveyor-in-training under the laws of this state as previously in effect

is deemed registered as a land surveyor or land surveyor-in-training as appropriate under this

chapter.

(d) This section does not exempt the political subdivisions of the state, such as county,

city, or town, or legally constituted boards, districts, or commissions, from obtaining a certificate

of authorization from the board of registration when applicable.

5-8.1-17. Board of registration for professional land surveyors -- Violations and

penalties --Injunctions. -- (a) No individual shall: (1) practice or offer to practice land surveying

in this state; (2) use any title, sign, card, or device implying that the individual is a land surveyor

or is competent to practice land surveying in this state; (3) use in connection with his or her name

or otherwise any title or description conveying or tending to convey the impression that the

individual is a land surveyor or is competent to practice land surveying in this state; or (4) use or

display any words, letters, figures, seals, or advertisements indicating that the individual is a land

surveyor or is competent to practice land surveying in this state, unless that individual holds a

currently valid certificate issued pursuant to this chapter or is specifically exempted from the

certificate requirement under the provisions of this chapter.

(b) It shall be the duty of all duly constituted officers of this state and all political

subdivisions of the state to enforce the provisions of this chapter and to prosecute any persons

violating those provisions.

limited liability company shall: (1) practice or offer to practice land surveying in this state; (2)

use any title, sign, card, or device implying that the sole proprietorship, partnership, or limited

liability partnership, corporation or limited liability company is competent to practice land

surveying in this state; (3) use in connection with its name or otherwise any title or description

conveying or tending to convey the impression that the entity is a land surveying firm or is

competent to practice land surveying in this state; or (4) use or display any words, letters, figures,

seals, or advertisements indicating that the entity is a land surveying firm or is competent to

practice land surveying in this state, unless that sole proprietorship, partnership, or limited

liability partnership, corporation or limited liability company complies with the requirements of

this chapter.

(d) Any individual, sole proprietorship, partnership, or limited liability partnership,

corporation or limited liability company which: (1) violates subsection (a) or (c) of this section;

(2) presents or attempts to use the certificate of registration/authorization of another; (3) gives any

false or forged evidence of any kind to the board or to any member of the board in obtaining or

attempting to obtain a certificate of registration/authorization; (4) falsely impersonates any other

registrant whether of a like or different name; (5) uses or attempts to use an expired, revoked, or

nonexistent certificate of registration/authorization; (6) falsely claims to be registered under this

chapter; or (7) otherwise violates any provision of this chapter, shall be guilty of a misdemeanor,

and upon conviction by a court of competent jurisdiction shall be sentenced to: (i) pay a fine of

not more than one thousand dollars ($1,000) for the first offense and a fine of not less than one

thousand dollars ($1,000) nor more than two thousand dollars ($2,000) for each subsequent

offense or imprisonment for not more than one year, or both; (ii) in the court's discretion and

upon good cause shown reimburse the board for any and all fees, expenses, and costs incurred by

the board in connection with the proceedings, including attorneys' fees, which amounts shall be

deposited as general revenues; and (3) be subject to, in the board's discretion, public censure or

reprimand.

(e) The board has the power to institute injunction proceedings in superior court to

prevent violations of subsection (a) or (c) of this section or violations of section 5-8.1-1. In

injunction proceedings, the board is not required to prove that an adequate remedy at law does not

exist, or that substantial or irreparable damage would result from continued violations. The

superior court, in its discretion and in addition to any injunctive relief granted to the board, may

order that any person or entity in violation of this section shall: (1) upon good cause shown

reimburse the board for any and all fees, expenses, and costs incurred by the board in connection

with the proceedings, including attorneys fees, which amounts shall be deposited as general

revenues; and/or (ii) be subject to public censure or reprimand.

SECTION 4. Sections 5-51-9, 5-51-11, 5-51-13, 5-51-16 and 5-51-17.1 of the General

Laws in Chapter 5-51 entitled "Rhode Island State Board of Examiners of Landscape Architects"

are hereby amended to read as follows:

5-51-9. Annual renewal of licenses and certificates of authorization. -- (a) (1) Every

license is valid for a period of two (2) years and expires on the last day of June of each odd

numbered year following its issuance. Every certificate of authorization shall be valid for a period

of two (2) years and expires on the last day of June of each even numbered year following its

issuance. A license or certificate of authorization may be renewed by paying the renewal fee

required by section 5-51-14. A landscape architect who fails to renew his or her license prior to

each June 30, may not thereafter renew his or her license except upon payment of the renewal fee

and the additional fee(s) required by section 5-51-14. A landscape architectural firm which fails

to renew its certificate of authorization prior to each June 30, may not thereafter renew its

certificate of authorization except upon payment of the renewal fee and the additional fee(s)

required in section 5-51-14. The certificates of authorization are issued by the board, indicating

the sole proprietorship, partnership, limited liability partnership, corporation, ~~partnership, or sole~~

~~proprietorship~~ or limited liability company named in it is permitted to practice landscape

architecture in this state. A license or certificate of authorization is not renewed until the renewal

fee is received by the board.

(2) Licenses and certificates of authorization not renewed by the payment of the renewal

fee prior to each June 30, are construed to be expired, and require an application for

reinstatement.

(b) The board may determine and establish rules and regulations for continuing

education requirements and other recertification procedures as the board deems necessary.

information, including but not limited to, a brief outline setting forth the professional activities of

any applicant during a period in which a license or certificate of authorization has lapsed and

other evidence of the continued competence and good character of the applicant, that the board

deems necessary.

5-51-11. Duplicate licenses -- Seals -- Rubber stamps. -- (a) Only one certificate of

registration or license is issued to a licensed landscape architect. A duplicate certificate may be

issued by the board should the original certificate be lost or damaged. Applications for a duplicate

certificate are submitted to the board office. The required fee must be submitted with the

application for a duplicate certificate.

(b) (1) For the purpose of signing all final drawings, plans, specifications, reports, and

other contract documents, each licensed landscape architect shall obtain an individual seal, and a

rubber stamp (a facsimile of the seal) to be used on documents prepared by him or her, or under

his or her supervision.

(2) Firms consisting of more than one licensed landscape architect may use a single seal

identifying a ~~principal corporate officer or~~ partner (if a partnership or limited liability

partnership), officer, or director (if a corporation) or a member or manager (if a limited liability

company) as being personally responsible for the professional services provided.

(3) The board furnishes a copy of the authorized seal from which the applicant can have

a seal and stamp made.

(with index of drawings included), title page of specifications, and to other drawings and contract

documents constitute the registered landscape architect stamp.

(d) The rubber stamp may be applied on all tracings to produce legible reproduction on

all copies or prints made from the tracings. This provision does not in any manner modify the

above requirements.

5-51-13. ~~Corporations and partnerships.~~ Partnerships, limited liability partnerships,

corporations, and limited liability companies. -- (a) ~~A corporation or partnership~~ Partnerships,

limited liability partnerships, corporations and limited liability companies may not be licensed as

registered to practice landscape architecture or to use any form of the title "landscape architect" in

connection with the corporate or partnership company name unless authorized by this chapter.

(b) (1) The right to engage in the practice of landscape architecture is a personal right,

based upon the qualifications of the individual evidenced by his or her license and is not

transferable.

(2) No person shall practice landscape architecture, or use the title "landscape architect",

or any title, sign, card, or device to indicate that this person is practicing landscape architecture,

or is a landscape architect, unless that person has secured from the board a license in the provided

manner.

(3) All final drawings, specifications, plans, reports, or other papers or documents

involving the practice of landscape architecture, as defined in section 5-51-1, for use in this state

shall be dated, and bear the signature and seal of the landscape architect or landscape architects

who prepared or personally supervised their preparation.

sole proprietorship, partnership, limited liability partnership, corporation, ~~partnership, or sole~~

~~proprietorship~~ or limited liability company (hereafter "the firm"), through one or more landscape

architects license under the provisions of this chapter, is permitted provided, that those licensed

landscape architect(s) are in direct control of the practice; exercise personal supervision of all

personnel who act on behalf of the firm in professional and technical matters; and are registered

under the provisions of this chapter; and, provided further, that the firm has been issued a

certificate of authorization by the board of examiners of landscape architects.

(d) (1) Within one year after enactment of this chapter, every firm must obtain a

certificate of authorization from the board, and those individuals in direct control of the practice,

and who exercise direct supervision of all personnel who act on behalf of the firm in professional

and technical matters, must be registered with the board.

(2) The certificate of authorization is issued by the board upon satisfaction of the

provisions of this chapter and the payment of the required fee. This fee is waived if the firm

consists of only one person who is the person in responsible charge.

(e) (1) Every firm desiring a certificate of authorization must file with the board an

application on a form provided by the board. Every certificate of authorization is valid for a

period of two (2) years and expires on the last day of June of each even numbered year following

its issuance.

(2) A separate form provided by the board is to be filed with each renewal of the

certificate of authorization. In addition, each firm shall complete a renewal form within thirty (30)

days of the time any information previously filed with the board has changed, is no longer true or

valid, or has been revised for any reason.

(3) If, in its judgment, the information contained on the application and renewal form is

satisfactory and complete, the board issues a certificate of authorization for the firm to practice

landscape architecture in this state.

5-51-16. Penalty for violations -- Injunctive relief. -- (a) No individual shall: (i)

practice or offer to practice landscape architecture in this state; or (ii) use any title, sign, card, or

device implying that the individual is a landscape architect or is competent to practice landscape

architecture in this state; or (iii) use in connection with his or her name or otherwise any title or

description conveying or tending to convey the impression that the individual is a landscape

architect or is competent to practice landscape architecture in this state; or (iv) use or display any

words, letters, seals, or advertisements indicating that the individual is a landscape architect or is

competent to practice landscape architecture in this state, unless that individual holds a current

valid license issued pursuant to this chapter or is specifically exempted therefrom under the

provisions of this chapter.

(b) No sole proprietorship, partnership, or limited liability partnership, corporation or

limited liability company shall: (i) practice or offer to practice landscape architecture in this state;

or (ii) use any title, sign, card, or device implying that the sole proprietorship, partnership, or

limited liability partnership, corporation or limited liability company is competent to practice

landscape architecture in this state; or (iii) use in connection with its name or otherwise any title

or description conveying or tending to convey the impression that the entity is a landscape

architectural firm or is competent to practice landscape architecture in this state; or (iv) use or

display any words, letters, figures, seals, or advertisements indicating that the entity is a

landscape architectural firm or is competent to practice landscape architecture in this state, unless

that sole proprietorship, partnership or, limited liability partnership, corporation or limited

liability company complies with the requirements of this chapter.

corporation or limited liability company which: (i) violates subsection (a) or (b) of this section; or

(ii) presents or attempts to use the license/certificate of authorization of another; or (iii) gives any

false or forged evidence of any kind to the board or to any member thereof in obtaining or

attempting to obtain a license/certificate of authorization; or (iv) falsely impersonates any other

registration whether of a like or different name; or (v) uses or attempts to use an expired, revoked,

or nonexistent license/certificate of authorization; or (vi) falsely claims to be registered under this

chapter; or (vii) otherwise violates any provision of this chapter, shall upon determination thereof

by a court of competent jurisdiction, (1) be subject to a civil penalty of one thousand dollars

($1,000) for the first offense, and a civil penalty of two thousand dollars ($2,000) for each

subsequent offense; and (2) in the court's discretion and upon good cause shown, reimburse the

board for any and all fees, expenses, and costs incurred by the board in connection with the

proceedings, including attorneys fees (which amounts shall be deposited as general revenues);

and (3) be subject to, in the board's discretion, public censure or reprimand.

(d) The board has the power to institute injunction proceedings in superior court to

prevent violations of subsection (a) or (b) of this section and/or for violations of section 5-51-3.

In injunction proceedings, the board shall not be required to prove that an adequate remedy at law

does not exist, or that substantial or irreparable damage would result from continued violations.

The superior court, in its discretion and in addition to any injunctive relief granted to the board,

may order that any person or entity in violation of this section shall: (i) upon good cause shown,

reimburse the board for any and all fees, expenses, and costs incurred by the board in connection

with the proceedings, including attorneys fees (which amounts shall be deposited as general

revenues); and/or (ii) be subject to public censure or reprimand.

5-51-17.1. Initiation of proceedings -- Hearings before the board -- Appeals -- Notice

to other states. -- (a) The board may initiate proceedings under this chapter against holders of a

license and/or certificate of authorization (hereafter referred to as licensee(s)) either on its own

motion, or on complaint of any person, upon a finding of probable cause by the board, or upon

receiving notification from another state board of landscape architects or from the appropriate

authority in another country/jurisdiction of its decision to: (1) revoke, suspend, or refuse to renew

the practice privileges granted in that state or in that country/jurisdiction to the licensee, or (2)

publicly censure, or censure in writing, limit the scope of practice of, impose an administrative

fine upon, or place on probation the licensee.

(b) A written notice stating the nature of the charge or charges against the licensee and

the time and place of the hearing before the board on the charges shall be served on the licensee

not less than twenty (20) days prior to the date of the hearing either personally or by mailing a

copy of the notice by certified mail, return receipt requested, to the address of the licensee last

known to the board.

licensee fails to appear at the hearing and to defend against the charges stated, the board may

proceed to hear evidence against the licensee and may enter any order that is justified by the

evidence. Any order is final unless the licensee petitions for a review of the order as provided in

this section; provided, however, that within thirty (30) days from the date of any order, upon a

showing of good cause for failing to appear and defend, the board may reopen the proceedings

and may permit the licensee to submit evidence in his, her or on its behalf.

(d) At any hearing under this section, the licensee may: (1) appear in person or be

represented by counsel; (2) produce evidence and witnesses on his, her, or its behalf; (3) cross-

examine witnesses; and (4) examine any evidence that might be produced. A sole proprietorship

may be represented by counsel before the board or by the sole proprietor. A partnership or

limited liability partnership may be represented before the board by counsel or any partner. A

corporation may be represented by counsel before the board or any shareholder, officer or

director of the corporation. ~~A sole proprietorship may be represented by counsel before the board~~

~~or by the sole proprietor.~~ A limited liability company may be represented before the board by

counsel or any member or manager of the limited liability company. The licensee is entitled, upon

written application to the board, to the issuance of subpoenas to compel the attendance of

witnesses on the licensee's behalf.

(e) The board or any member of the board may issue subpoenas to compel the attendance

of witnesses and the production of documents and may administer oaths, take testimony, hear

proofs and receive exhibits in evidence in connection with or upon hearing under this chapter. In

case of disobedience to a subpoena, the board may petition the superior court to require the

attendance and testimony of witnesses and the production of documentary evidence.

(f) The board is not bound by strict rules of procedure or by laws of evidence in the

conduct of its proceedings, but any determination of the board shall be based upon sufficient legal

evidence to sustain the determination.

(g) A stenographic record of all hearings under this section shall be kept and a transcript

of the record filed with the board.

(h) The decision of the board is made by vote in accordance with this chapter and with

the rules and regulations established by the board.

(i) Any appeal from the decision of the board, by a person or persons adversely affected

by the decision, is governed by section 42-35-15.

(j) On rendering a decision to: (1) revoke or suspend or refuse to renew a license issued

under the laws of this state; (2) revoke or suspend or refuse to renew a certificate of authorization

issued under the laws of this state; or (3) publicly censure, censure in writing, limit the scope of

practice of, impose an administrative fine upon, or place on probation a licensee, the board shall

examine its records to determine whether the licensee holds a license or a certificate of

authorization to practice in any other state or country/jurisdiction. If the board determines that the

licensee in fact holds a license or certificate of authorization, the board shall immediately notify

the board of landscape architecture of the other state or country/jurisdiction by mail of its

decision under this section, and include in the notice an indication as to whether or not the

licensee has appealed the decision.

(k) The board may, in its discretion, order any licensee against whom proceedings have

been initiated under this chapter to, upon good cause shown, reimburse the board for any and all

fees, expenses, and costs incurred by the board in connection with these proceedings, including

attorneys fees. The fees shall be paid within thirty (30) days from the date they are assessed and

may be reviewed in accordance with section 42-35-15, and shall be deposited as general

revenues.

(l) The attorney general or his or her deputy acts as legal advisor to the board and renders

any legal assistance that may be necessary in carrying out the provisions of this chapter. The

board may employ other counsel and obtain other necessary assistance to be appointed by the

governor to aid in the enforcement of this chapter, and the compensation and expenses shall be

paid from the fund of the board.

SECTION 5. This act shall take effect upon passage.

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LC01396

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