Chapter
219
2006 -- H 7575 AS AMENDED
Enacted 07/03/06
A N A C T
RELATING
TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS
Introduced
By: Representative John J. McCauley
Date
Introduced: February 16, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. Section
5-8.1-17 of the General Laws in Chapter 5-8.1 entitled "Land
Surveyors" is hereby amended to read as
follows:
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.
(c) No sole
proprietorship, partnership, limited liability partnership, corporation or
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, 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, limited liability
partnership, corporation or limited liability
company complies with the requirements of this
chapter.
(d) Any
individual, sole proprietorship, partnership, limited liability partnership,
corporation or limited liability company which knowingly and willfully:
(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 pay a fine of not more than one
four thousand dollars ($1,000) ($4,000) for the first
offense and a fine of not less than one four
thousand dollars ($1,000) ($4,000) nor more than two
ten thousand dollars ($2,000) ($10,000)
for each subsequent offense, or imprisonment for not
more than one year, or both; 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
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
(2) Be subject to
public censure or reprimand.
SECTION 2. This
act shall take effect upon passage.
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LC02517
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