A N     A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ENGINEERS

Introduced By: Senator Irons

Date Introduced : February 9, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Sections 5-8-18 and 5-8-20 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) {DEL The board shall have the power to suspend, refuse to renew, or revoke the certificate of registration of any registrant, who is found guilty of: DEL}

{DEL (1) The practice of any fraud or deceit in obtaining a certificate of registration; DEL}

{DEL (2) Any gross negligence, incompetence or misconduct in the practice of engineering as a professional engineer; DEL}

{DEL (3) Any felony or any crime involving moral turpitude; or DEL}

{DEL (4) Failure to respond in a reasonable time to a written inquiry by the board regarding a formal complaint. DEL}

{ADD After notice and hearing as provided herein, the board may in its discretion: (a) suspend, revoke, or refuse to renew any certificate of registration; and/or (b) revoke or suspend or refuse to renew any certificate of authorization; and/or (c) publicly censure, or reprimand or censure in writing; and/or (d) limit the scope of practice of; and/or (c) impose an administrative fine upon (not to exceed one thousand dollars ($1,000) for each violation); and/or (f) place on probation; and/or (g) {ADD for good cause shown ADD} order a reimbursement of the board for all fees, expenses, costs, and attorneys fees in connection with such 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 following causes: ADD}

{ADD (1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or certificate of authorization; ADD}

{ADD (2) Practicing engineering in another state or country/jurisdiction in violation of the laws of that state or country/jurisdiction; ADD}

{ADD (3) Practicing engineering in this state in violation of the standards of professional conduct established by the board; ADD}

{ADD (4) Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in the practice of engineering; ADD}

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

{ADD (6) Violation of any of the provisions of this chapter; ADD}

{ADD (7) Suspension or revocation of the right to practice engineering before any state or before any other country/jurisdiction; ADD}

{ADD (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; ADD}

{ADD (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; ADD}

{ADD (10) {DELAny DEL} {ADD in conjunction with any violation of subsections (1) through (9) above, any ADD} conduct reflecting adversely upon the licensee's fitness to engage in the practice of engineering; and ADD}

{ADD (11) {DELAny DEL} {ADD in conjunction with any violation of subsections (1) through (9) above, any ADD} other conduct discreditable to the engineering profession. ADD}

(b) Any person may file complaints of fraud, deceit, gross negligence, incompetence, or misconduct against any registrant. Those charges shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the board.

(c) 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 shall have been properly filed.

(d) The time and place for the hearing pursuant to subsection (c) shall be fixed by the board, and a copy of charges, together with a notice of the time and place of 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 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.

(e) If, after the hearing pursuant to subsection (c), the evidence is in favor of sustaining the charges, the board {DEL shall DEL} {ADD may in its discretion ADD} suspend, refuse to renew, or revoke the certificate of registration {DELof the registered engineer DEL} {ADD or certificate of authorization , or publicly censure the licensee, or take any other action and/or order any other penalty permitted by this section ADD}. The board, for reasons it may deem sufficient, may reissue a certificate of registration {ADD or certificate of authorization or renewal ADD} to any person {ADD or firm ADD} whose certificate has been revoked.

(f) 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 or individual.

5-8-20. {DEL Violations and penalties -- Enforcement DEL} . -- {ADD Violations and penalties -- Enforcement -- Injunctions. ADD} -- (a) {DEL Any person who shall practice, or offer to practice, engineering in this state without being registered in accordance with the provisions of this chapter, or any person presenting or attempting to use the certificate of registration or the seal of another, or any person who shall give 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, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked or nonexistent certificate of registration, or who shall practice or offer to practice when not qualified, or any person who falsely claims that he or she is registered under this chapter, or any person who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor and may upon conviction, be sentenced to pay a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500), or suffer imprisonment for a period not exceeding six (6) months, or both. DEL}

{ADD No individual shall: (i) practice or offer to practice engineering in this state; or (ii) use any title, sign, card, or device implying that such individual is an engineer or is competent to practice engineering 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 such individual is an engineer or is competent to practice engineering in this state; or (iv) use or display any words, letters, figures, seals, or advertisements indicating that such 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 therefrom under the provisions of this chapter. ADD}

{ADD (b) No sole proprietorship, partnership, or corporation shall: (i) practice or offer to practice engineering in this state; or (ii) use any title, sign, card, or device implying that the sole proprietorship, partnership, or corporation is competent to practice engineering 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 such entity is an engineering firm or is competent to practice engineering in this state; or (iv) use or display any words, letters, figures, seals, or advertisements indicating that such entity is an engineering firm or is competent to practice engineering in this state, unless that sole proprietorship, partnership, or corporation complies with the requirements of this chapter. ADD}

{ADD (c) Any individual, sole proprietorship, partnership, or corporation which: (i) violates subsection (a) or (b) of this section; or (ii) presents or attempts to use the certificate of registration/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 certificate of registration/authorization; or (iv) falsely impersonates any other registrant whether of a like or different name; or (v) uses or attempts to use an expired, revoked, or non-existent certificate of registration/authorization; or (vi) falsely claims to be registered under this chapter; or (vii) 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 (1) year or both; and (ii) {ADD in the court's discretion and upon good cause shown ADD} reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such 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. ADD}

{ADD (d) The board shall have 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 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) {ADDupon good cause shown ADD} reimburse the board for any and all fees, expenses, and costs incurred by the board in connection with such proceedings, including attorneys fees (which amounts shall be deposited as general revenues); and/or (ii) be subject to public censure or reprimand. ADD}

{DEL (b) DEL} {ADD (e) ADD} shall be the duty of all duly constituted officers of the state and all political subdivisions thereof, to enforce the provisions of this chapter and to prosecute any persons violating those provisions.

{DEL (c) DEL} {ADD (f) ADD} attorney general of the state or his or her assistant shall act as legal adviser to the board and render such legal assistance as may be 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 the compensation and expenses therefor shall be paid from funds as provided in section 5-8-23.

SECTION 2. This act shall take effect upon passage.