Introduced By: Senator Irons
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-8.1-15 and 5-8.1-17 of the General Laws in Chapter 5-8.1 entitled "Land Surveyors" is hereby amended to read as follows:
5-8.1-15. Board of registration for professional land surveyors
-- Disciplinary actions. -- (a) Revocation, suspension
and censure. - {DEL The board of land surveyors may suspend,
refuse to renew, or revoke the certificate of registration, or
may publicly censure, any registrant who has failed to comply
with those statutory requirements for registration then in effect
or 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 land surveying as a professional land surveyor
or as a surveyor in training; or DEL}
{DEL (3) Any felony or crime involving moral turpitude. DEL}
{ADD After notice and hearing as provided herein, the board of land surveyors may in its discretion: (i) suspend, revoke, or refuse to renew any certificate of registration; and/or (ii) revoke or suspend or refuse to renew any certificate of authorization; and/or (iii) publicly censure, or reprimand or censure in writing; and/or (iv) limit the scope of practice of; and/or (v) impose an administrative fine, not to exceed one thousand dollars ($1,000) for each violation; and/or (vi) place on probation; and/or (vii) {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 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 following causes: ADD}
{ADD (1) Bribery, fraud, deceit, or misrepresentation in obtaining a certificate of registration or certificate of authorization; ADD}
{ADD (2) Practicing land surveying in another state or country/jurisdiction in violation of the laws of that state or country/jurisdiction. ADD}
{ADD (3) Practicing land surveying 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 land surveying; ADD}
{ADD (5) Use of a land surveyor's stamp in violation of section 5-8.1-12; ADD}
{ADD (6) Violation of any of the provisions of this chapter; ADD}
{ADD (7) Suspension or revocation of the right to practice land surveying 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 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; 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) In conjunction with any violation of subsections (1) through (9) above, any conduct reflecting adversely upon the registrant's fitness to engage in the practice of land surveying; and ADD}
{ADD (11) In conjunction with any violation of subsections (1) through (9) above, any ADD} Any other conduct discreditable to the land surveying profession. ADD}
(b) (1) Procedures. - 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 shall in appropriate cases, file a written statement of charges with the secretary of the board. Such 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 said 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 such registrant at least thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant or applicant 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 defense.
(3) If, after such hearing, the charges are sustained, the board
of land surveyors {DEL shall DEL} {ADD may in its discretion ADD}
suspend, refuse to renew, or revoke the certificate of registration,
{ADD or certificate of authorization of ADD} or publicly censure
such registrant {ADD , or take any other action and/or order any
other penalty permitted by this section ADD}.
(4) The board of land surveyors may, at its discretion, reissue a certificate of registration {ADD or certificate of authorization of ADD} or renewal to any person {ADD or firm ADD} denied registration under this section or upon presentation of satisfactory evidence of reform and/or redress.
(c) Legal counsel. - The board of land surveyors may employ counsel and necessary assistance to aid in the enforcement of this chapter.
(d) 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 {DEL, transcripts, or legal feesDEL} {ADD and transcripts ADD}.
5-8.1-17. {DEL Board of registration for
professional land surveyors -- Violations and penalties. -- DEL}
{ADD Board of registration for professional land surveyors --
Violations and penalties -- Injunctions. -- ADD} {DEL (a)
Penalty.. - Any person who shall practice or offer to practice
land surveying 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 thousand dollars
($1,000), nor more than ten thousand dollars ($10,000), or suffer
imprisonment for a period not exceeding one year, or both. DEL}
{ADD (a) No individual shall: (i) practice or offer to practice
land surveying in this state; or (ii) use any title, sign, card,
or device implying that such individual is a land surveyor or
is competent to practice land surveying 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 a land surveyor or is competent to practice
land surveying in this state; or (iv) use or display any words,
letters, figures, seals, or advertisements indicating that such
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 therefrom under the provisions of this chapter. ADD}
(b) Enforcement.. - It shall be the duty of all duly constituted officers of this state and all political subdivisions thereof, to enforce the provisions of this chapter and to prosecute any persons violating those provisions.
{ADD (c) No sole proprietorship, partnership, or corporation shall: (i) practice or offer to practice land surveying in this state; or (ii) use any title, sign, card, or device implying that the sole proprietorship, partnership, or corporation is competent to practice land surveying 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 a land surveying firm or is competent to practice land surveying in this state; or (iv) use or display any words, letters, figures, seals, or advertisements indicating that such entity is a land surveying firm or is competent to practice land surveying in this state, unless that sole proprietorship, partnership, or corporation complies with the requirements of this chapter. ADD}
{ADD (d) Any individual, sole proprietorship, partnership, or corporation which: (i) violates subsection (a) or (c) of this section; or (ii) presents or attempts to use the certificate of registration/authorization of another; (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 nonexistent 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 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 amounts shall be deposited as general revenues); and (iii) be subject to, in the board's discretion, public censure or reprimand. ADD}
{ADD (e) The board shall have the power to institute injunction
proceedings in superior court to prevent violations of subsection
(a) or {DEL(b)DEL} {ADD (c) ADD} of this section or violations of section 5-8.1-1.
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) {ADD 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 amounts shall be deposited as general revenues); and/or
(ii) be subject to public censure or reprimand. ADD}
SECTION 2. This act shall take effect upon passage.
