Chapter
04-090
2004 --
H 8039 SUBSTITUTE A
Enacted 06/1104
A N A C T
RELATING
TO BUSINESSES AND PROFESSIONS - PROFESSIONAL LAND
SURVEYORS
Introduced
By: Representative Gordon D. Fox
Date
Introduced: February 24, 2004
It is enacted by the General Assembly as
follows:
SECTION 1.
Sections 5-8.1-4, 5-8.1-9, 5-8.1-10, 5-8.1-11, 5-8.1-13 and 5-8.1-15 of the
General Laws in Chapter 5-8.1 entitled
"Land Surveyors" are hereby amended to read as follows:
5-8.1-4.
Board of registration for professional land surveyors -- Authority, powers,
and duties. -- (a) The duty of the
board of land surveyors is to administer the provisions of this
chapter in regards to the regulation of
professional land surveying and the registration of
professional land surveyors.
(b) (1) The board
of land surveyors may establish any rules and regulations for the
conduct of its own proceedings, for examination
of applicants, for registration of professional
land surveyors and surveyors in training, for
continuing education requirements, and for
governing the practice of land surveying, that
it deems appropriate.
(2) Upon passage
of this chapter the rules and regulations in effect prior to passage
remain in effect until adoption of new rules and
regulations.
(c) The board of
professional land surveyors shall hold examinations for qualified
individuals applying for registration as
professional land surveyors or for certification as
surveyors-in-training at least once a year.
(d) The board of
land surveyors issues certificates of registration to individuals who have
qualified to practice professional land
surveying under the provisions of this chapter.
(e) The board of
professional land surveyors has the power to suspend, refuse to renew,
or revoke certificates of registration in
accordance with the provisions of this chapter. In all
disciplinary proceedings brought pursuant to
this chapter, the board has the power to administer
oaths, to summon witnesses and to compel the
production of documents in accordance with
procedures applicable in the superior court.
Upon failure of any person to appear to produce
documents in accordance with the board's order,
the board may apply to a court of any
jurisdiction to enforce compliance with the
order.
(f) The board of
professional land surveyors is authorized in the name of the state to
apply for relief by injunction in the
established manner provided in cases of civil procedure,
without bond, to enforce the provisions of this
chapter, or to restrain any violations of this
chapter. In those proceedings, it is not
necessary to allege or prove, either that an adequate
remedy at law does not exist or that substantial
or irreparable damage would result from the
continued violation of this chapter. The members
of the board are not personally liable under this
proceeding.
(g) No action or
other legal proceedings for damages shall be instituted against the board
or against any board member or employee of the
board for any act done in good faith and in the
intended performance of any power granted under
this chapter or for any neglect or default in the
performance or exercise in good faith of that
duty or power.
(h) The board is
empowered to collect any fees and charges prescribed in this chapter
and to apply the fees and charges to the cost of
fulfilling the requirements and responsibilities of
this chapter. From the proceeds of any fees
collected pursuant to the provisions of this chapter,
there is created a restricted receipts account.
The board receives no funds from the state. The
board shares proportionately with the board of
registration of professional land surveyors the
expenses of operating the two boards.
(i) The board
shall annually provide a written report to the director of the department of
business regulation. This report is present
forth a summary of all fees collected, a list of all
individuals registered, a summary of all
disciplinary actions taken, and the disposition of all
complaints made to the board.
5-8.1-9.
Board of registration for professional land surveyors -- Application and
qualification for registration. -- (1) Application for
registration as a professional land surveyor
or certification as a surveyor-in-training is
made, in writing, on a form prescribed and furnished
by the board of land surveyors. The application:
(i) Contains
statements made under oath,
(ii) Shows the
applicant's education,
(iii) Contains a
detailed summary of the applicant's technical and professional
experience, and
(iv) Designates
references as described in this section.
(2) The fee
established in section 5-8.1-11 must accompany each application. Failure to
include this fee will result in the application
being returned to the applicant without consideration
by the board.
(b) To be
eligible for registration as a professional land surveyor, an applicant must be
of
good character and reputation. Additionally, the
applicant must submit five (5) references with
his or her application, three (3) of whom are
registered professional land surveyors having
personal knowledge of his or her land surveying
experience. No person seeking his or her initial
registration as a professional land surveyor is
granted the certificate without first completing a
surveyor-in-training program as prescribed and
approved by the board.
(c) (1) To be
eligible for certification as a surveyor-in-training, an applicant must be of
good character and reputation and additionally must
submit three (3) character references one of
which must be from a professional land surveyor.
(2) One of the
following is considered as minimum evidence to the board that the
applicant is qualified for registration as a
professional land surveyor or for certification as a land
surveyor in training, respectively:
(i) Graduation
from a four (4) year accredited program, experience and examination. A
graduate of a land surveying curriculum of four
(4) years or more approved by the board, as being
of satisfactory standing is admitted to an eight
(8) hour written examination in the fundamentals
of land surveying. Upon passing that examination
the applicant is granted a surveyor in training
certificate in this state providing the
applicant is qualified. Additionally, upon obtaining a specific
record of a minimum of three (3) years of
experience, after graduation, of combined office and
field experience of a grade and character which
indicates to the board that the applicant may be
competent to practice land surveying, the
applicant may be admitted to a six (6) hour written
examination in the principles and practice of
land surveying plus an additional two (2) hour
written Rhode Island legal portion. Upon passing
that examination, the applicant is granted a
certificate of registration to practice land
surveying in this state, provided the applicant is
qualified.
(ii)
Graduation from a four (4) year non-accredited program, experience and
examination. A graduate of land surveying or related
curriculum of four (4) years or more other
than those approved by the board as being of
satisfactory standing may be admitted to an eight (8)
hour written examination in the fundamentals of
land surveying. Upon passing that examination
the applicant is granted a surveyor in training
certificate in the state, provided the applicant is
qualified. Additionally upon obtaining a
specific record of a minimum of five (5) years of
experience, after graduation, of combined office
and field experience satisfactory to the board in
land surveying, of which a minimum of three (3)
years has been under the supervision of a
registered professional land surveyor, which
indicates to the board that the applicant may be
competent to practice land surveying, the applicant
may be admitted to a six (6) hour written
examination in the principles and practice of
land surveying plus an additional two (2) hour
written Rhode Island legal portion. Upon passing
that examination, the applicant is granted a
certificate of registration to practice land
surveying in this state, provided the applicant is
qualified.
(iii)
Graduation from a two (2) year accredited program experience, and examination.
A
graduate of a land surveying or related
curriculum of satisfactory standing, of two (2) years or
more approved by the board, who has obtained an
associates degree, and upon obtaining a
minimum of two (2) years experience, after
graduation, satisfactory to the board, may be admitted
to an eight (8) hour written examination in the
fundamentals of land surveying. Upon passing that
examination the applicant is granted a
surveying-in-training certificate in the state, provided the
applicant is qualified. Upon obtaining a
specific record of a minimum of an additional five (5)
years of experience, of combined office and
field experience satisfactory to the board in land
surveying, of which a minimum of three (3) years
has been under the supervision of a registered
professional land surveyor, which indicates to
the board that the applicant may be competent to
practice land surveying, the applicant may be
admitted to a six (6) hour written examination in
the principles and practice of land surveying
plus an additional two (2) hour written Rhode Island
legal portion. Upon passing that examination,
the applicant is granted a certificate of registration
to practice land surveying in this state,
provided the applicant is qualified.
(iv)
Graduation from a two (2) year nonaccredited program, experience and
examination.
A graduate of a land surveying or related
curriculum of two (2) years or more, other than one
approved by the board, who has obtained an
associates degree, and upon obtaining a minimum of
two (2) years experience, after graduation,
satisfactory to the board may be admitted to an eight
(8) hour written examination in the fundamentals
of land surveying. Upon passing that
examination the applicant is granted a
surveying-in-training certificate in the state, provided the
applicant is otherwise qualified. Upon obtaining
a specific record of a minimum of an additional
eight (8) years of experience, of combined
office and field experience satisfactory to the board in
land surveying, of which a minimum of three (3)
years has been under the supervision of a
registered professional land surveyor, which
indicates to the board that the applicant may be
competent to practice land surveying, the
applicant may be admitted to a six (6) hour written
examination in the principles and practice of
land surveying plus an additional two (2) hour
written Rhode Island legal portion. Upon passing
that examination, the applicant is granted a
certificate of registration to practice land
surveying in this state, provided the applicant is
qualified.
(v) Experience
and examination. (A) A person having acquired at least twelve (12) years
of active office and/or field experience in land
surveying, at least six (6) years of which
experience has been under the direct supervision
of a registered professional land surveyor, and
with that experience being of a grade and
character which indicates to the board that the applicant
may be competent to practice land surveying, may
be admitted to an eight (8) hour written
examination in the fundamentals of land
surveying. Upon passing that examination the applicant
is granted a surveyor-in-training certificate in
the state, provided that the applicant is qualified
and may admitted to a second six (6) hour
written examination plus an additional two (2) hour
written Rhode Island legal portion. Upon passing
that examination, the applicant is granted a
certificate of registration to practice land
surveying in this state provided the applicant is
qualified. This subsection expires at midnight,
June 30, 2002.
(B) In certain
instances in which an applicant presents an experience of unusually high
quality, the board, at its complete discretion,
may allow an applicant, having acquired six (6)
years of active office and field experience in
land surveying, which experience has been under the
direct supervision of a professional land
surveyor, to be admitted to an eight (8) hour written
examination in the fundamentals of land
surveying. Upon passing that examination, the applicant
is granted a surveyor-in-training certificate in
the state, provided the applicant is qualified.
(vi) Surveying
teaching. Teaching of advanced land surveying subjects in a college or
university offering an approved land surveying
curriculum may be considered as land surveying
experience satisfactory to the board.
(vii)
Registration by comity or endorsement. A person holding a current certificate
of
registration to engage in the practice of land
surveying, on the basis of comparable written
examinations, issued to him or her by a proper
authority of a state, territory, or possession of the
United States, the District of Columbia, or any
foreign country who, in the opinion of the board,
meets the requirements of this chapter, based
upon verified evidence, may, upon application be
registered, only if they have passed the two (2)
hour written Rhode Island legal portion.
(d) (1) The
passing grade on all examinations offered by the land surveyors is not less
than seventy percent (70%). An applicant failing
any examination may apply for re-examination
upon payment of the appropriate fees. An
applicant who scores less than fifty percent (50%) on
any examination may not apply for re-examination
for at least one year.
(2) An
applicant who fails any of the exams three (3) times must be interviewed by the
board, before any further application can be
acted upon. It is the applicant's responsibility to show
the board that he or she will be successful if
allowed to take the exam again.
(i) Graduation
from a four year accredited program, experience and examination. A
graduate of a land surveying curriculum of four
(4) years or more approved by the board, as being
of satisfactory standing is admitted to an eight
(8) hour written examination in the fundamentals
of land surveying. Upon passing that examination
the applicant is granted a surveyor-in-training
certificate in this state provided the applicant
is qualified. Additionally, upon obtaining a specific
record of a minimum of three (3) years of
experience, two (2) of which shall be after graduation,
one (1) of which may be prior to graduation, of
combined office and field experience in land
surveying that is deemed satisfactory to the
board, and which said three (3) years experience shall
have been under the supervision of a registered
professional land surveyor and which indicates to
the board that the applicant may be competent to
practice land surveying, the applicant may be
admitted to a six (6) hour written examination
in the principles and practice of a land surveying
plus an additional two (2) hour written Rhode
Island legal portion. Upon passing that
examination, the applicant is granted a
certificate of registration to practice land surveying in this
state, provided the applicant is qualified.
(ii) Graduation
from a four (4) year nonaccredited program, experience and examination.
A graduate of a land surveying curriculum of
four (4) years or more approved by the board, as
being of satisfactory standing is admitted to an
eight (8) hour written examination in the
fundamentals of land surveying. Upon passing
that examination the applicant is granted a
surveyor-in-training certificate in this state
provided the applicant is qualified. Additionally, upon
obtaining a specific record of a minimum of five
(5) years of experience, three (3) of which shall
be after graduation, two (2) of which may be
prior to graduation, of combined office and field
experience in land surveying that is deemed
satisfactory to the board, and which said five (5)
years experience shall have been under the
supervision of a registered professional land surveyor
and which indicates to the board that the
applicant may be competent to practice land surveying,
the applicant may be admitted to a six (6) hour
written examination in the principles and practice
of land surveying plus an additional two (2)
hour written Rhode Island legal portion. Upon
passing that examination, the applicant is
granted a certificate of registration to practice land
surveying in this state, provided the applicant
is qualified.
(iii)
Graduation from a two year accredited program, experience, and examination. A
graduate of a land surveying or related
curriculum of satisfactory standing, of two (2) years or
more approved by the board, who has obtained an
associates degree, and upon obtaining a
minimum of two (2) years experience, after
graduation, satisfactory to the board, may be admitted
to an eight (8) hour written examination in the
fundamentals of land surveying. Upon passing that
examination the applicant is granted a
surveyor-in-training certificate in this state, provided the
applicant is qualified. Upon obtaining a
specific record of a minimum of an additional five (5)
years of experience, of which three (3) years
shall be post acquisition of a (LSIT) certificate, two
(2) of which may be prior to graduation, of
combined office and field experience in land
surveying that is deemed satisfactory to the
board and which experience was under the
supervision of a registered professional land
surveyor, which indicates to the board that the
applicant may be competent to practice land
surveying, the applicant may be admitted to a six (6)
hour written examination in the principles and
practice of land surveying plus an additional two
(2) hour written Rhode Island legal portion.
Upon passing that examination, the applicant is
granted a certificate of registration to
practice land surveying in this state, provided the applicant
is qualified.
(iv) Graduation
from a two year nonaccredited program, experience, and examination. A
graduate of a land surveying or related
curriculum of satisfactory standing, of two (2) years or
more approved by the board, who has obtained an
associates degree, and upon obtaining a
minimum of two (2) years experience, after graduation,
satisfactory to the board, may be admitted
to an eight (8) hour written examination in the
fundamentals of land surveying. Upon passing that
examination the applicant is granted a
surveyor-in-training certificate in this state, provided the
applicant is qualified. Upon obtaining a
specific record of a minimum of an additional six (6)
years of experience, of which four (4) years
shall be post acquisition of a (LSIT) certificate, two
(2) of which may be prior to graduation, of
combined office and field experience satisfactory to
the board in land surveying, and was under the
supervision of a registered professional land
surveyor, which experience indicates to the
board that the applicant may be competent to practice
land surveying, the applicant may be admitted to
a six (6) hour written examination in the
principles and practice of land surveying plus
an additional two (2) hour written Rhode Island
legal portion. Upon passing that examination,
the applicant is granted a certificate of registration
to practice land surveying in this state,
provided the applicant is qualified.
(v) Graduation
from a two (2) year
accredited or a two (2)
year nonaccredited program,
experience, and examination. Any person, upon
obtaining a minimum of five (5) years
experience, which experience was under the
supervision of a registered professional land
surveyor, and is satisfactory to the board, may
be admitted to an eight (8) hour written
examination in the fundamentals of land
surveying. Upon passing that examination the applicant
is granted a surveyor-in-training certificate
(LSIT), in this state provided the applicant is
qualified. Upon obtaining a specific record of a
minimum of an additional five (5) years of
experience of combined office and field
experience satisfactory to the board in land surveying,
and the person is a graduate of a land surveying
or related curriculum of satisfactory standing of
two (2) years or more approved by the board, who
has obtained an associates degree in land
surveying or related curriculum, which
experience was under the supervision of a registered
professional land surveyor, and which experience
indicates to the board that the applicant may be
competent to practice land surveying, the
applicant may be submitted to a six (6) hour written
examination in the principles and practice of
land surveying plus an additional two (2) hour
written Rhode Island legal portion. Upon passing
that examination, the applicant is granted a
certificate of registration to practice land
surveying in this state, provided the applicant is
qualified. This subsection expires at midnight,
December 31, 2008.
(vi) Surveying
teaching. Teaching of advanced land surveying subjects in a college or
university offering an approved land surveying
curriculum may be considered as land surveying
experience satisfactory to the board.
(vii)
Registration by comity or endorsement. A person holding a current certificate
of
registration to engage in the practice of land
surveying on the basis of comparable written
examination, issued to him or her by a proper
authority of a state, territory, or possession of the
United States, the District of Columbia, or any
foreign country who, in the opinion of the board,
meets all appropriate requirements of this
chapter, based upon verified evidence, may, upon
application be registered, only if they have
passed the two (2) hour written Rhode Island legal
portion.
(d)(1) The
passing grade on all examinations offered by the land surveyors is not less
than seventy percent (70%). An applicant failing
any examination may apply for re-examination
upon payment of the appropriate fees. An
applicant who scores less than fifty percent (50%) on
any examination may not apply for re-examination
for at least one year.
(2) An
applicant who fails any of the exams three (3) times shall be interviewed by
the
board, before any further application can be
acted upon. It is the applicant’s responsibility to
show the board that he or she will be successful
if allowed to take the exam again. If in the
board’s opinion the applicant can not
satisfactorily demonstrate that he or she is qualified to re-
take the exam, the board may require that the
applicant acquire additional knowledge, education,
and or experience, satisfactory to the board
before the applicant may sit for another exam.
5-8.1-10.
Board of registration for professional land surveyors -- Issuance and
renewal of certificates. -- (a) Surveyors
previously registered. Each land surveyor holding a
certificate of registration under the laws of
this state as previously in effect is deemed registered
as a professional land surveyor under this
chapter.
(b)
Surveyors-in-training previously registered. Each surveyor-in-training
previously
enrolled under the laws of this state as
previously in effect is deemed enrolled under this chapter.
(c) Certificates
of registration. The board of land surveyors shall issue a certificate of
registration upon payment of the registration
fee as provided for in this chapter to any applicant,
who, in the judgement judgment of
the board, has met the requirements of this chapter.
Enrollment cards are issued to those who qualify
as surveyors-in-training. The certificate of
registration:
(1) Carries the designation
"professional land surveyor",
(2) Shows the
full name of the registrant, without any titles,
(3) Has a serial
number, and
(4) Is signed by
both the chairperson and secretary of the board of land surveyors.
(d) The issuance
of a certificate of registration by the board of land surveyors is prima
facie evidence that the person named in the
certificate is entitled to all rights and privileges of a
professional land surveyor while the certificate
of registration remains unrevoked or unexpired.
(e) Expiration
and renewals. Certificates of registration that expire are invalid, rendering
practice authorized on the basis of that
certificate illegal. It is the duty of the board of land
surveyors to notify every person registered
under this chapter of the date of the expiration of his
or her certificate and the amount of the fee
required for its renewal. That notice is mailed to the
registrant at his or her last known address at
least one month in advance of the date of the
expiration of that certificate, however, it is
the responsibility of each person registered under this
chapter to renew his or her certificate of
registration prior to its expiration. Renewal may be
effected at any time prior to or during the
month of June of each year (however, the renewal must
be postmarked no later than June 30th) or at any
other time that the law provides by the payment
of the fee required by this chapter. Renewal of
an expired certificate may be effected within a
period of three (3) years, odd-numbered year
(meaning biennially) commencing in year 2003
(provided, that any said renewal shall be
post-marked no later than June 30th in that year in order
to be valid), or at any other time that the law
provides for, by the payment of the fee required by
this chapter. Renewal of an expired certificate
may be effected within a period of four (4) years,
provided evidence is submitted to the board of
land surveyors attesting to the continued
competence and good character of the applicant.
The amount to be paid for the renewal of a
certificate after the date of expiration is
double the regular fee. In the event renewal is not made
before the end of the second year the board of
land surveyors may require any re-examination that
it deems appropriate and the amount to be paid
for the renewal is as stated in this section.
(f) Lapsed
certificates. Any registrant who allows his or her certificate of registration
to
lapse for more than three (3) four (4)
years shall reapply for registration in accordance with the
requirements stated in section 5-8.1-9.
(g) Reissuance of
certificate. A duplicate certificate of registration, to replace any
certificate lost, destroyed, or mutilated may be
issued by the board of land surveyors upon
payment of the fee required by section 5-8.1-11
of this chapter.
5-8.1-11.
Board of registration for professional land surveyors -- Fees -- Payment
and disposition. -- (a) The fees paid by an
applicant for filing an application for examination, for
annual renewal, or for issuance of a duplicate are
determined by the board and shall not exceed
one hundred fifty dollars ($150) per year plus
any administrative costs associated with an
application for examination, reexamination,
annual renewal, or duplicate certificate. The
administrative costs are determined by the
board. All revenues received pursuant to this section
are deposited as general revenues.
(b) The fees paid
by an applicant for the examination, for reexamination, or for renewal
of any expired certificate are determined by the
board to cover the direct expenses associated with
administering the examination, reexamination, or
the renewal of an expired certificate.
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 proprietorship practice. - (1) The practice or offer to
practice land surveying as defined by this
chapter by a corporation, partnership, or sole
proprietorship, 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 judgement 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 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. shall be treated for
all purposes hereunder, including, but not
limited to, renewal, expiration and lapsing, as
previously provided for certificates of registration
in section 5-8.1-10; provided, however, that renewal
may be effected at any time prior to or
during the month of June of each even-numbered
year (meaning biennially) commencing in year
2004.
(8) Corporations
organized under the provisions of chapter 5.1 of title 7 entitled
"Professional Service Corporations"
shall submit a copy of their articles of incorporation 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 to any applicant,
or a registration as a foreign corporation 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.
(c) Land surveyor
previously registered. Each land surveyor holding a certificate of
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.
5-8.1-15.
Board of registration for professional land surveyors -- Disciplinary
actions. -- (a) Revocation,
suspension, and censure. - After notice and hearing as provided in this
section, the board of land surveyors 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,
not to exceed one thousand dollars ($1,000) for
each violation; and/or (vi) place on probation;
and/or (6) 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 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 registrant(s), for any
one or more of the causes set out in subsection (b).
(b) Grounds. -
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
land surveying in another state or country/jurisdiction in violation of the
laws of that state or country/jurisdiction.
(3) Practicing
land surveying 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 land surveying;
(5) Use of a land
surveyor's stamp in violation of section 5-8.1-12;
(6) Violation of
any of the provisions of this chapter;
(7) Suspension or
revocation of the right to practice land surveying 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 the 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 thereof in a reasonable
time such information as 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 registrant's
fitness to engage in the practice of land surveying; and
(11) In
conjunction with any violation of subsections (b)(1) through (9), any other
conduct discreditable to the land surveying
profession.
(c) Procedures. -
(1) Any person may prefer charges of fraud, deceit, gross negligence,
incompetence, or misconduct against any
applicant or registrant. In addition, the board may, on
its own motion, investigate the conduct of an
applicant or registrant of the board, and may in
appropriate cases file a written statement of
charges with the secretary of the board. The charges
shall be in writing and shall be sworn to by the
person or persons making them and shall be filed
with the board of land surveyors. All charges,
unless dismissed by the board of land surveyors as
unfounded or trivial, shall be heard by the
board within three (3) months after the date on which
they were referred.
(2) The time and
place for the hearing shall be fixed by the board of land surveyors, and
a copy of the charges, together with a notice of
the time and place of the hearing, shall be
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 or applicant has 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 defense.
(3) If, after the
hearing, the charges are sustained, the board of land surveyors may in its
discretion suspend, refuse to renew, or revoke
the certificate of registration, or certificate of
authorization or publicly censure the
registrant, or take any other action and/or order any other
penalty permitted by this section.
(4) The board of
land surveyors may, at its discretion, reissue a certificate of registration
or certificate of authorization or renewal to
any person or firm denied registration under this
section or upon presentation of satisfactory
evidence of reform and/or redress.
(d) Legal
counsel. – The board of land surveyors may employ counsel and necessary
assistance to aid in the enforcement of this
chapter., and their compensation and expenses shall be
paid from the funds budgeted for and under the
control of the board.
(e) Nothing in
this chapter shall prevent the board of land surveyors from charging one
or both parties a fee for the direct costs
associated with hearings and transcripts.
SECTION 2. This
act shall take effect upon passage.
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LC02656/SUB
A
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