2013 -- S 0711

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LC01416

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS

     Introduced By: Senator Frank Lombardo

     Date Introduced: March 13, 2013

     Referred To: Senate Commerce

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 5-1-2, 5-1-5, 5-1-7, 5-1-13 and 5-1-13.1 of the General Laws in

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

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

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

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

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

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

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this chapter.

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

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

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      (4) "Certificate of authorization" means the certificate of authorization issued by the

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board, indicating the sole proprietor, partnership, limited liability partnership, corporation, or

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limited liability company named in the certificate is permitted to practice architecture in the state.

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

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described as follows:

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

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

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

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habitation;

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

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

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

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

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engineers and landscape architects;

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

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in section 5-8-2(f)(1), but a registered architect may perform any engineering work that is

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incidental to the practice of architecture.

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      (6) "Responsible control" means that amount of control over and detailed knowledge of

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the content of technical submissions during their preparations as is ordinarily exercised by

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registered architects applying the required professional standard of care. Reviewing, or reviewing

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and correcting, technical submissions after they have been prepared by others does not constitute

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the exercise of responsible control because the reviewer has neither control over nor detailed

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professional knowledge of the content of such submissions throughout their preparation.

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     (7) "Department" means the department of business regulation.

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     (8) "Director" means the director of the department of business regulation or his or her

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designee.

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     5-1-5. Board -- Rules and regulations -- Examination and registration powers. -- (a)

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Subject to the approval of the director, the The board may establish any rules and regulations for

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the conduct of its own proceedings that it deems appropriate.

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      (b) Subject to the approval of the director, the The board may establish suitable rules and

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regulations for the examination and registration of architects and also governing, the practice of

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the profession of architecture, and the issuance and renewal of certificates that it deems

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appropriate, including rules for the issuance of certificates by reciprocity. This shall not include

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any prohibition of employment of the registered architect as he or she chooses.

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      (c) To be registered, the applicant shall be required to pass examinations and grading

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procedure of the national council of architectural registration boards, provided that the applicant

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is qualified under subsections 5-1-8(a) and 5-1-8(b).

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      (d) With the assistance of the department, the The board shall issue and renew

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certificates to individuals who have qualified to practice architecture under the provisions of this

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chapter. The board may establish any rules and regulations for the issuance and renewal of

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certificates that it deems appropriate, including rules for the issuance of certificates by

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reciprocity. Any party aggrieved by the board's decision regarding license issuance or renewal

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may, within ten (10) days of the decision, appeal the matter to the director by submitting a written

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request for a formal hearing to be conducted in accordance with the provisions of section 5-1-

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13.1.

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      (e) In addition to its rulemaking authority, the The board has the power to take all action

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that is necessary and proper to effectuate the purposes of this chapter, including the power to:

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      (1) Suspend, revoke or annul certificates of registration and certificates of authorization

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in accordance with the provisions of this chapter; Recommend that the director hold formal

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hearings in accordance with the provisions of section 5-1-13.1 to determine whether to suspend,

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revoke, annul, or take other permitted action with respect to certificates of registration and

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certificates of authorization in accordance with the provisions of this chapter;

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      (2) Investigate all complaints and charges of unprofessional conduct, including, but not

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limited to, conduct specified under section 5-1-13, against any licensee or any applicant for a

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certificate of registration or certificate of authorization, and to hold hearings, in accordance with

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the provisions of section 5-1-13.1, to determine whether the complaints and charges are

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substantiated;

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      (3) Appoint one or more members of the board, legal counsel, and/or an independent

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investigator to act on behalf of the board in investigating the conduct of any licensee, or of any

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applicant for a certificate of registration or certificate of authorization, or in the alternative to

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appoint a probable cause committee to investigate this conduct on its behalf. The committee is to

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be comprised of licensees in good standing, as the board determines;

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      (4) Issue subpoenas, administer oaths, and summon and examine Examine witnesses in

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connection with any investigation conducted under the authority of this chapter. If a subpoena is

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disobeyed, the board may invoke the aid of any court of competent jurisdiction in this state to

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

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      (5) Enter into consent agreements or informal resolutions with any party under

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investigation for violations under this chapter and/or chapter 5-84.

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     (6) Participate in formal proceedings through representation by the department's legal

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staff acting as the prosecuting agent before the director.

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     (f) The department and/or board and its members and agents are immune from personal

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liability for actions taken in good faith in the discharge of the board's responsibilities set forth in

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this chapter, and the state shall indemnify the department and/or board and these members and

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agents for, and hold them harmless from, any and all costs, damages, and reasonable attorneys

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fees arising from or related in any way to claims or actions against them as to matters to which

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the immunity applies.

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

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shall:

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      (1) Practice or offer to practice architecture in this state;

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      (2) Use any title, sign, card, or device implying that the individual is an architect or is

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competent to practice architecture in this state;

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      (3) Use in connection with his or her name or otherwise any title or description

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

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to practice architecture in this state; or

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      (4) Use or display any words, letters, figures, seals, or advertisements indicating or

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

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unless that individual holds a currently valid certificate of registration/authorization issued

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pursuant to this chapter or is specifically exempted from holding a certificate under the provisions

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of this chapter.

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

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limited liability company shall:

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      (1) Practice or offer to practice architecture in this state;

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

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

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architecture in this state;

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      (3) Use in connection with its name, or otherwise, any title or description conveying or

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

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architecture in this state; or

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      (4) Use or display any words, letters, figures, seals, or advertisements indicating that the

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entity is an architectural firm or is competent to practice architecture in this state, unless that sole

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

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complies with the requirements of this chapter.

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      (c) Any individual, sole proprietorship, limited liability partnership, corporation, or

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limited liability company which: (1) violates subsection (a) or (b) of this section; (2) presents or

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

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

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

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

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

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under this chapter; or (7) otherwise violates any provision of this chapter; is guilty of a

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

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

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

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

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

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expenses, and costs incurred by the department and/or board in connection with the proceedings,

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including attorneys fees (which amounts shall be deposited as general revenues); and be subject

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to, in the board's director's discretion, public censure or reprimand.

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      (d) Either on his or her own initiative or on the recommendation of the board, the

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director The board has the power to institute injunction proceedings in superior court to prevent

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

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

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

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

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that any person or entity in violation of this section shall:

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      (1) Upon good cause shown, reimburse the board department for any and all fees,

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expenses, and costs incurred by the department and/or board in connection with the proceedings,

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including attorneys fees (which amounts shall be deposited as general revenues); and/or

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      (2) Be subject to public censure or reprimand.

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     5-1-13. Revocation or suspension of certificates of registration or of authorization. --

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(a) After notice and hearing as provided in section 5-1-13.1, the board director may in its

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discretion:(1) suspend, revoke, or annul, or take other permitted action with respect to or refuse to

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renew any certificate of registration; and/or (2) suspend, revoke, or annul, or take other permitted

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action with respect to or refuse to renew any certificate of authorization; and/or (3) publicly

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censure, reprimand, or censure in writing; and/or (4) limit the scope of practice of; and/or (5)

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impose an administrative fine upon (not to exceed one thousand dollars ($1,000) for each

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violation); and/or (6) place on probation; and/or (7) for good cause shown, order a reimbursement

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of the department board for all fees, expenses, costs, and attorneys fees in connection with the

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proceedings (which amounts shall be deposited as general revenues), all with or without terms,

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conditions, or limitations, holders of a certificate of registration or a certificate of authorization

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(subsequently referred to as a licensee or licensees) for any or more of the causes set out in

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subsection (b) of this section.

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      (b) The board director may take actions specified in subsection (a) of this section for any

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of the following causes:

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

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certificate of authorization;

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      (2) Practicing architecture in another state, country, or jurisdiction in violation of the

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laws of that state, country, or jurisdiction;

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

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conduct established by the board and approved by the director;

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

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practice of architecture;

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      (5) Use of an architect's stamp in violation of section 5-1-12;

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      (6) Violation of any of the provisions of this chapter or chapter 5-84;

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

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before any other country or jurisdiction;

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

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

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bribery, larceny, extortion, conspiracy to defraud, or any other similar offense, in a court of

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competent jurisdiction of this state or any other state or of the federal government;

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      (9) Failure to furnish to the department, board, or any person acting on behalf of the

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department and/or board, within sixty (60) days of notification any information that may be

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legally requested by the department and/or board;

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      (10) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

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conduct reflecting adversely upon the licensee's fitness to engage in the practice of architecture;

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and

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      (11) In conjunction with any violation of subdivisions (1) -- (9) of this subsection, any

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other conduct injurious to the reputation of the architectural profession.

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

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to other states. -- Initiation of proceedings -- Hearings before the department -- Appeals --

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Notice to other states. -- (a) The board director may initiate formal proceedings under this

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chapter against holders of a certificate of registration and/or a certificate of authorization

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(subsequently referred to as a licensee or licensees) either on his or her its own motion, upon

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

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

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

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country or jurisdiction of its decision to:

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

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state or in that country or jurisdiction to the licensee; or

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

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administrative fine upon, or place on probation the licensee.

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

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

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

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mailing a copy of the notice by certified mail, return receipt requested, to the address of the

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licensee last known to the board.

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      (c) If, after being served with the notice of hearing as provided for in this section, the

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

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

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justified by the evidence. That order is final unless the licensee petitions for a review of it as

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

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

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

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

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

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

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      (iii) Cross examine witnesses; and

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      (iv) Examine the evidence that is produced.

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

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

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the department or board by counsel or any partner of the partnership. A corporation may be

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represented by counsel before the department or board or by any shareholder, officer or director

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of the corporation. A limited liability company may be represented before the department or

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board by counsel or by any member or manager of the limited liability company. The licensee is

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entitled, upon written application to the board, to the issuance of subpoenas to compel the

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attendance of witnesses on the licensee's behalf.

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

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attendance of witnesses and the production of documents and may administer oaths, take

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testimony, hear proofs and receive exhibits in evidence in connection with or upon hearing

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pursuant to this chapter. In case of disobedience to a subpoena, the board director may petition

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the superior court to require the attendance and testimony of witnesses and the production of

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documentary evidence.

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

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in the conduct of its proceedings, but any findings of fact and conclusions of law made by

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determination of the director board is must be based upon sufficient legal evidence to sustain the

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determination.

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      (g) A stenographic record Recordings of all hearings pursuant to this section shall be

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kept and a transcript of the record filed with the board in accordance with the department's rules

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of procedure for administrative hearings.

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

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regulations established under section 5-1-5.

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

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

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      (j)(i) On the director rendering a decision to: (1) revoke, suspend, or annul, or refuse to

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renew a certificate of registration issued under the laws of this state; (2) revoke, suspend, or anuul

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refuse to renew a certificate of authorization issued under the laws of this state; or (3) publicly

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

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place on probation a licensee, the board shall examine its records to determine whether the

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licensee holds a certificate of registration or a certificate of authorization to practice in any other

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state, country, or jurisdiction. If the board determines that the licensee in fact holds a certificate of

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

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architecture of the other state, country, or jurisdiction by mail of it’s the director's decision

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pursuant to this section, and include in the notice an indication as to whether or not the licensee

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has appealed the decision.

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      (k)(j) The board director may, in its his or her discretion, order any licensee against

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whom proceedings have been initiated under sections 5-1-13 and 5-1-13.1 to reimburse the board

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department for any fees, expenses, and costs incurred by the board department and/or in

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connection with the proceedings, including attorneys fees. These fees shall be paid within thirty

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(30) days from the date they are assessed and may be reviewed in accordance with section 42-35-

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15, and deposited as general revenues.

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

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

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

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      (m)(l) The attorney general or his or her deputy department shall make its legal staff

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available to act as legal advisor to the board and render any legal assistance that is necessary in

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carrying out the provisions of this chapter. The board director may employ other counsel and

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obtain other necessary assistance to be appointed by the governor to aid in the enforcement of this

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chapter, and the compensation and expenses for the employment shall be paid from the fund of

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the board department.

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     SECTION 2. Sections 5-8-2, 5-8-3, 5-8-8, 5-8-11, 5-8-13, 5-8-14, 5-8-18, 5-8-19, 5-8-20,

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5-8-23 and 5-8-24 of the General Laws in Chapter 5-8 entitled "Engineers" are hereby amended

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to read as follows:

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     5-8-2. Definitions. -- As used or within the intent of this chapter:

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      (a) "Accredited program" means specific engineering curricula within established

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institutions of higher learning that have both met the criteria of, and have been designated by, the

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Engineering Accreditation Commission of the Accreditation Board for Engineering and

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Technology, Inc. (ABET-EAC).

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      (b) "Board" means the state board of registration for professional engineers subsequently

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provided by this chapter.

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      (c) "Engineer" means a person who, by reason of his or her special knowledge and use of

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the mathematical, physical, and engineering sciences and the principles and methods of

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engineering analysis and design, acquired by engineering education and engineering experience,

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is qualified to practice engineering, as subsequently defined, and as attested by his or her

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registration as an engineer.

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      (d) "Engineer-in-training" means a person who complies with the requirements for

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education, experience, and character, and has passed an examination in the fundamental

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engineering subjects, as provided in sections 5-8-11 and 5-8-13.

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      (e) "National Council of Examiners for Engineering and Surveying (NCEES)" is a

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nationally recognized organization which assists state boards and territorial boards to better

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discharge their duties and responsibilities in regulating the practice of engineering and land

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surveying.

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      (f) (1) "Practice of engineering" means any service or creative work, the adequate

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performance of which requires engineering education, training, and experience in the application

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of special knowledge of the mathematical, physical, and engineering sciences to services or

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creative work such as consultation, investigation, evaluation surveys, planning and design of

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engineering systems, and the supervision of construction for the purpose of assuring compliance

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with specifications; and embracing those services or work in connection with any public or

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private utilities, structures, buildings, machines, equipment, processes, work, or projects in which

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the public welfare or the safeguarding of life, health, or property is concerned.

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      (2) Any person shall be construed to practice or offer to practice engineering, within the

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meaning and intent of this chapter, who:

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      (i) Practices any branch of the profession of engineering;

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      (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents

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himself or herself to be an engineer, or through the use of some other title implies that he or she is

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an engineer or that he or she is registered under this chapter; or

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      (iii) Holds himself or herself out as able to perform, or who does perform any

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engineering service or work or any other service designated by the practitioner or recognized as

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engineering.

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      (g) "Professional engineer" means a person who has been registered and licensed by the

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state board of registration for professional engineers.

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      (h) "Responsible charge" means direct control and personal supervision of engineering

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work.

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

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to time, subject to the director's approval, that has been adopted by the board and filed with the

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secretary of state in accordance with sections 42-35-3(a), 42-35-4(b), and 5-8-8.

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     (j) "Department" means the department of business regulation.

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     (k) "Director" means the director of the department of business regulation or his or her

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designee.

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     5-8-3. Board -- Creation -- Duties -- Composition -- Appointments -- Terms. -- (a)

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The duty of the board of engineers is to administer those provisions of this chapter that relate to

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the regulation of professional engineering and the registration of professional engineers.

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      (b) The Subject to the approval of the director, the board of engineers shall establish any

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rules and regulations for the conduct of its own proceedings, for examination of applicants, for

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registration of professional engineers and engineers-in-training, for continuing education

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requirements, for conducting disciplinary proceedings to include investigating complaints to the

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board and for governing the practice of engineering all that it deems appropriate.

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      (c) (1) Members of the board are subject to the provisions of chapter 14 of title 36. The

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board consists of five (5) persons, who are appointed by the governor, and must have the

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qualifications required by section 5-8-4. Each member of the board shall receive a certificate of

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his or her appointment from the governor and shall file with the secretary of state his or her

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written oath or affirmation for the faithful discharge of his or her official duty. Appointments to

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the board shall be in the manner and for a period of time that the term of each member expires at

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a different time. On the expiration of the term of any member, the governor shall in the manner

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previously provided appoint for a term of five (5) years a registered professional engineer having

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the qualifications required in section 5-8-4. A member may be reappointed to succeed himself or

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herself, but shall not serve more than two (2) full consecutive terms. Each member may hold

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office until the expiration of the term for which appointed or until a successor has been appointed

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and has qualified.

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      (2) The board shall designate and establish a system of registration by discipline not later

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than December 31, 1994, and shall subsequently administer that registration system.

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      (3) The registration system shall provide, at a minimum, for the registration of:

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      (i) Civil engineers;

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      (ii) Chemical engineers;

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      (iii) Electrical engineers;

11-9

      (iv) Mechanical engineers;

11-10

      (v) Structural engineers;

11-11

      (vi) Environmental engineers; and

11-12

      (vii) Fire protection engineers.

11-13

      (4) The board may establish additional classifications by rule and regulation subject to

11-14

the approval of the director.

11-15

      (5) Classification of disciplines shall conform to the standards established by the

11-16

NCEES. Nothing in this section shall be construed to limit the registration of a qualified applicant

11-17

to only one discipline.

11-18

      (d) The board shall annually provide a written report to the director of the department of

11-19

business regulation presenting a summary of all fees collected, a list of all individuals registered,

11-20

a summary of all disciplinary actions taken, and the disposition of all complaints made to the

11-21

board. After reviewing the board's report, the director shall submit a copy of the report with his or

11-22

her comments on the performance of the board, its compliance with this chapter and the director's

11-23

recommendations, to the governor, the general assembly, and the board.

11-24

     5-8-8. Board -- Powers. -- (a) (1) The Subject to the approval of the director, the board

11-25

has the power to adopt and amend all bylaws and rules of procedure, not inconsistent with the

11-26

constitution and laws of this state or this chapter, which may be reasonably necessary for the

11-27

proper performance of its duties.

11-28

      (2) The board shall adopt and have an official seal, which is affixed to each certificate

11-29

issued.

11-30

      (b) In carrying into effect the provisions of this chapter, the board, under the hand of its

11-31

chairperson and the seal of the board, may recommend that the director subpoena witnesses and

11-32

compel their attendance, and also may recommend that the director order require the submission

11-33

of books, papers, documents, or other pertinent data, in any disciplinary matters, or in any case in

11-34

which a violation of this chapter or chapter 5-84 is alleged. Upon failure or refusal to comply with

12-1

that order of the board, or upon failure to honor the its subpoena, as provided in this section, the

12-2

director board may apply to a court of any jurisdiction to enforce compliance with that order or

12-3

subpoena.

12-4

     (c) Either on his or her own initiative or on the recommendation of the board, the director

12-5

the board is authorized in the name of the state to apply for relief by injunction in the established

12-6

manner provided in cases of civil procedure, without bond, to enforce the provisions of this

12-7

chapter, or to restrain any violation of the provisions of this chapter. In injunction proceedings, it

12-8

shall not be necessary to allege or prove either that an adequate remedy at law does not exist or

12-9

that substantial or irreparable damage would result from the continued violation. The department

12-10

and/or members of the board are not personally liable under this proceeding.

12-11

     (d) No action or other legal proceedings for damages shall be instituted against the

12-12

department and/or board or against any member, employee, or agent thereof for any actions taken

12-13

in good faith in the intended performance of any power granted under this chapter or for any

12-14

neglect or default in the performance or exercise in good faith of that power. The state shall

12-15

indemnify the department and/or board and these members, employees, or agents for, and hold

12-16

them harmless from, any and all costs, damages, and reasonable attorneys' fees arising from or

12-17

related in any way to claims or actions against them as to matters to which the immunity applies.

12-18

     5-8-11. General requirements for registration or certification. -- (a) Engineer or

12-19

engineer-in-training. To be eligible for registration as a professional engineer or certification as

12-20

an engineer-in-training, an applicant must be of good character and reputation and shall submit

12-21

five (5) references with his or her application for registration, three (3) of which references shall

12-22

be registered engineers having personal knowledge of his or her engineering experience, or in the

12-23

case of an application for certification as an engineer-in-training, by three (3) character

12-24

references.

12-25

     (b) The following shall be considered minimum evidence satisfactory to the board that

12-26

the applicant is qualified for registration as a professional engineer or for certification as an

12-27

engineer-in-training, respectively:

12-28

     (1) As a professional engineer:

12-29

     (i) Registration by endorsement. (A) A person holding a current certificate of registration

12-30

to engage in the practice of engineering, on the basis of comparable written examinations, issued

12-31

to him or her by either a proper authority of a state, territory, or possession of the United States,

12-32

the District of Columbia, or of any foreign country, and whose qualifications meets the

12-33

requirements of this chapter, based on verified evidence may, upon application, be registered

12-34

without further examination.

13-1

     (B) A person holding a certificate of qualification issued by the National Council of

13-2

Examiners for Engineering and Surveying, whose qualifications meet the requirements of this

13-3

chapter, may, upon application, be registered without further examination, provided he or she is

13-4

qualified.

13-5

     (ii) Graduation from an accredited program, experience and examination. A graduate of

13-6

or senior enrolled in an ABET-EAC accredited engineering curriculum of four (4) years or more

13-7

approved by the board as being of satisfactory standing, shall be admitted to an eight (8) hour

13-8

written examination in the fundamentals of engineering. Upon passing this examination and

13-9

obtaining a specific record of a minimum of four (4) years of experience in engineering work of a

13-10

grade and character which indicates to the board that the applicant may be competent to practice

13-11

engineering, the applicant may be admitted to an eight (8) hour written examination in the

13-12

principles and practice of engineering. The graduate having a specific record of twelve (12) years

13-13

or more of experience in engineering work of a grade and character which indicates to the board

13-14

that the applicant may be competent to practice engineering, shall be admitted to an eight (8) hour

13-15

written examination in the principles and practice of engineering. Upon passing that examination,

13-16

the applicant shall be granted a certificate of registration to practice engineering in this state,

13-17

provided he or she is qualified.

13-18

     (iii) Graduation from a non-accredited program, experience, and examination. A

13-19

graduate of or senior enrolled in an engineering curriculum of four (4) years or more other than

13-20

those approved by the board as being of satisfactory standing shall be admitted to an eight (8)

13-21

hour written examination in the fundamentals of engineering. Upon passing this examination and

13-22

obtaining a specific record of a minimum of four (4) years of experience in engineering work of a

13-23

grade and character which indicates to the board that the applicant may be competent to practice

13-24

engineering, the applicant may be admitted to an eight (8) hour written examination in the

13-25

principles and practice of engineering. Upon passing these examinations, the applicant shall be

13-26

granted a certificate of registration to practice engineering in this state, provided he or she is

13-27

qualified.

13-28

     (iv) Teaching. Engineering teaching in a college or university offering an ABET-EAC

13-29

accredited engineering curriculum of four (4) years or more may be considered as engineering

13-30

experience.

13-31

     (v) Engineers previously registered. Each engineer holding a certificate of registration

13-32

and each engineer-in-training under the laws of this state as previously in effect shall be deemed

13-33

registered as an engineer or engineer-in-training as appropriate under this chapter.

14-34

     (2) As an engineer-in-training: the following is considered as minimum evidence that the

14-35

applicant is qualified for certification as an engineer in training:

14-36

     (i) Graduation and examination. A graduate of an ABET-EAC accredited engineering

14-37

curriculum of four (4) years or more who has passed the board's eight (8) hour written

14-38

examination in the fundamentals of engineering shall be certified or enrolled as an engineer-in-

14-39

training, if he or she is qualified.

14-40

     (ii) Graduation from a non-accredited program and examination. A graduate of a non-

14-41

accredited engineering curriculum of four (4) years or more who has passed the board's eight (8)

14-42

hour written examination in the fundamentals of engineering and has obtained two (2) years of

14-43

engineering experience of a grade and character approved by the board shall be certified and

14-44

enrolled as an engineer in training, if he or she is qualified.

14-45

     (iii) Duration of engineer in training certification. The certification or enrollment of an

14-46

engineer in training shall be valid for a minimum period of twelve (12) years.

14-47

     5-8-13. Examinations. -- (a) Written examinations Examinations shall be held twice

14-48

each year at the times and places that the board determines. Examinations required on

14-49

fundamental engineering subjects may be taken as provided in § 5-8-11. The principles and

14-50

practice examinations may not be taken until the applicant has completed a period of engineering

14-51

experience as prescribed in § 5-8-11.

14-52

     (b) The passing grade on any examination shall not be less than seventy percent (70%) as

14-53

established by NCEES. A candidate failing one examination may apply for reexamination, which

14-54

may be granted upon payment of a fee to cover the charges and expenses of examination and

14-55

scoring. Any candidate for registration having an average grade of less than fifty percent (50%)

14-56

may not apply for reexamination for one year. Any candidate for certification or registration

14-57

failing an examination three (3) or more times must appear before the board in person to request

14-58

permission to be reexamined in accordance with the board's rules and regulations.

14-59

     5-8-14. Certificates of registration-Enrollment cards-Seals.-- (a) With the assistance

14-60

of the department, the The board shall issue and renew a certificate of registration, upon payment

14-61

of the registration fee as provided for in this chapter, to any applicant, who, in the opinion of the

14-62

board, has met the requirements of this chapter. Enrollment cards shall be issued to those who

14-63

qualify as engineers-in-training. Certificates of registration shall carry the designation

14-64

“professional engineer”, show the full name of the registrant without any titles, have a serial

14-65

number and shall be signed by the chairperson of the board.

14-66

     (b) The issuance of a certificate of registration by the board is prima facie evidence that

14-67

the person named in the certificate is entitled to all rights and privileges of a professional engineer

14-68

while the certificate remains unrevoked or unexpired.

15-1

     (c) Each registrant under this chapter may, upon registration obtain a seal of the design

15-2

authorized by the board bearing the registrant's name, serial number, and the legend “Registered

15-3

professional engineer”. Final engineering drawings, specifications, plats, and reports prepared by

15-4

a registrant shall be, when issued, signed, dated, and stamped with his or her seal or facsimile of a

15-5

seal. It is unlawful for an engineer to affix, or permit his or her seal or facsimile of a seal to be

15-6

affixed, to any work of which the engineer has not been responsibly charged to any engineering

15-7

drawings, specifications, plats, or reports after expiration of a certificate or for the purpose of

15-8

aiding or abetting any other person to evade or attempt to evade any provision of this chapter.

15-9

     (d) Any party aggrieved by the board’s decision regarding license issuance or renewal

15-10

may, within ten (10) days of the decision, appeal the matter to the director by submitting a written

15-11

request for a formal hearing to be conducted in accordance with the provisions of section 5-8-18.

15-12

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

15-13

Hearings.—Suspension and revocation of certificates – Complaints – Hearings.-- (a) After

15-14

notice and a hearing as provided in this section, the director board may in his or her its discretion

15-15

or upon recommendation of the board: (1) suspend, revoke, or take other permitted action with

15-16

respect to refuse to renew any certificate of registration; (2) revoke, or suspend or take other

15-17

permitted action with respect to refuse to renew any certificate of authorization; (3) publicly

15-18

censure, or reprimand or censure in writing; (4) limit the scope of practice of; (5) impose an

15-19

administrative fine upon, not to exceed one thousand dollars ($1,000) for each violation; (6) place

15-20

on probation; and/or (7) for good cause shown order a reimbursement of the department board for

15-21

all fees, expenses, costs, and attorneys fees in connection with the proceedings, which amounts

15-22

shall be deposited as general revenues; all with or without terms, conditions or limitations,

15-23

holders of a certificate of registration or a certificate of authorization, referred to as licensee(s),

15-24

for any one or more of the causes set out in subsection (b) of this section.

15-25

     (b) The director board may take actions specified in subsection (a) of this section for any

15-26

of the following causes:

15-27

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

15-28

certificate of authorization;

15-29

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

15-30

laws of that state or country or jurisdiction;

15-31

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

15-32

conduct established by the board and approved by the director;

15-33

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

15-34

practice of engineering;

16-1

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

16-2

     (6) Violation of any of the provisions of this chapter or chapter 5-84;

16-3

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

16-4

before any other country or jurisdiction;

16-5

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

16-6

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

16-7

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

16-8

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

16-9

the federal government;

16-10

     (9) Failure to furnish to the department and/or board or any person acting on behalf of the

16-11

department and/or board in a reasonable time any information that may be legally requested by

16-12

the department and/or board;

16-13

     (10) In conjunction with any violation of subdivisions (1)--(9) of this subsection, any

16-14

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

16-15

and

16-16

     (11) In conjunction with any violation of subdivisions (1)--(9) of this subsection, any

16-17

other conduct discreditable to the engineering profession.

16-18

     (c) Any person may file complaints of fraud, deceit, gross negligence, incompetence, or

16-19

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

16-20

persons making them and filed with the board.

16-21

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

16-22

heard by the director board within six (6) months after the date on which they have been properly

16-23

filed or within six (6) months following resolution of similar charges that have been brought

16-24

against a registrant who is before another regulatory body.

16-25

     (e) The time and place for the hearing pursuant to subsection (d) of this section shall be

16-26

fixed by the department board, and a copy of charges, together with a notice of the time and place

16-27

of hearing, shall be personally served on or mailed to the last known address of the registrant, at

16-28

least thirty (30) days before the date fixed for the hearing. At any hearing, the accused registrant

16-29

shall have the right to appear personally and/or by counsel, to cross-examine witnesses appearing

16-30

against him or her, and to produce evidence and witnesses in his or her own defense. The board

16-31

may participate in formal proceedings through representation by the department’s legal staff

16-32

acting as the prosecuting agent before the director.

16-33

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

16-34

of sustaining the charges, the director board may in his or her its discretion suspend, refuse to

17-1

renew, or revoke, or take other permitted action with respect to the certificate of registration or

17-2

certificate of authorization, or publicly censure the licensee, or take any other action and/or order

17-3

any other penalty permitted by this section. The department board, for reasons it deems sufficient,

17-4

may reissue a certificate of registration or certificate of authorization or renewal to any person or

17-5

firm whose certificate has been revoked.

17-6

     (g) In addition, the The board or the department may on its own motion investigate the

17-7

conduct of an applicant, engineer, sole proprietorship, partnership, limited liability partnership,

17-8

corporation, limited liability company or individual.

17-9

     (h) Nothing in this chapter shall be construed to prohibit the board from entering into

17-10

consent agreements or informal resolutions with any party under investigation for violations

17-11

under this chapter and/or chapter 5-84.

17-12

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

17-13

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

17-14

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

17-15

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

17-16

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

17-17

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

17-18

implying that the individual is an engineer or is competent to practice engineering in this state; (3)

17-19

use in connection with his or her name or otherwise any title or description conveying or tending

17-20

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

17-21

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

17-22

that the individual is an engineer or is competent to practice engineering in this state; unless that

17-23

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

17-24

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

17-25

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

17-26

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

17-27

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

17-28

partnership, corporation or limited liability company is competent to practice engineering in this

17-29

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

17-30

tending to convey the impression that the entity is an engineering firm or is competent to practice

17-31

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

17-32

indicating that the entity is an engineering firm or is competent to practice engineering in this

17-33

state; unless that sole proprietorship, partnership, limited liability partnership, corporation or

17-34

limited liability company complies with the requirements of this chapter.

18-1

     (c) Any individual, sole proprietorship, partnership, limited liability partnership,

18-2

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

18-3

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

18-4

false or forged evidence of any kind to the department, board or to any member or employee

18-5

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

18-6

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

18-7

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

18-8

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

18-9

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

18-10

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

18-11

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

18-12

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

18-13

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

18-14

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

18-15

fees, which amount shall be deposited as general revenues; and be subject to, in the director’s

18-16

board’s discretion, public censure or reprimand.

18-17

     (d) The board Either on his or her own initiative or on the recommendation of the board,

18-18

the director has the power to institute injunction proceedings in superior court to prevent

18-19

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

18-20

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

18-21

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

18-22

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

18-23

board, may order that any person or entity in violation of this section shall:

18-24

     (1) Upon good cause shown reimburse the board department for any and all fees,

18-25

expenses, and costs incurred by the board and/or the department in connection with the

18-26

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

18-27

and/or

18-28

     (2) Be subject to public censure or reprimand.

18-29

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

18-30

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

18-31

provisions.

18-32

     (f) The attorney general of the state or his or her assistant department shall make its legal

18-33

staff available to act as legal adviser to the board and render any legal assistance that is necessary

18-34

in carrying out the provisions of this chapter. The director board may employ counsel and

19-1

necessary assistance to aid in the enforcement of this chapter, and their compensation and

19-2

expenses shall be paid from funds as provided in § 5-8-23.

19-3

     5-8-23. Deposit of fees.-- (a) The proceeds of any fees collected pursuant to the

19-4

provisions of this chapter shall be deposited as general revenues.

19-5

     (b) The board is empowered to collect any fees and charges that are prescribed in this

19-6

chapter and to apply those fees and charges to the cost of fulfilling the requirements and

19-7

responsibilities of this chapter. The board shall share proportionately with the board of

19-8

registration of professional land surveyors the expenses of operating the two boards.

19-9

     5-8-24. Sole proprietorship, partnership, limited liability partnership, corporate and

19-10

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

19-11

chapter by a sole proprietorship, partnership, limited liability partnership, corporation or a limited

19-12

liability company subsequently referred to as the “firm”, through individuals is permitted;

19-13

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

19-14

supervision of all personnel who act in behalf of the firm in professional and technical matters;

19-15

and (3) are registered under the provisions of this chapter; and provided, that the firm has been

19-16

issued a certificate of authorization by the board of engineers.

19-17

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

19-18

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

19-19

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

19-20

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

19-21

issued by the board, with the assistance of the department, upon satisfaction of the provisions of

19-22

this chapter and the payment of a fee not to exceed one hundred fifty dollars ($150). This fee is

19-23

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

19-24

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

19-25

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

19-26

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

19-27

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

19-28

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

19-29

contained on the application and renewal form is satisfactory and complete, the board, with the

19-30

assistance of the department, will issue a certificate of authorization for the firm to practice

19-31

engineering in this state.

19-32

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

19-33

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

19-34

issued for the applicant a certificate of authorization or a letter indicating the eligibility of the

20-1

applicant to receive the certificate. The firm applying shall supply the certificate or letter from the

20-2

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

20-3

     (c) Any party aggrieved by the board’s decision regarding license issuance or renewal

20-4

may, within ten (10) days of the decision, appeal the matter to the director by submitting a written

20-5

request for a formal hearing in accordance with the provisions of section 5-8-18.

20-6

     SECTION 3. Sections 5-8.1-2, 5-8.1-4, 5-8.1-9, 5-8.1-10, 5-8.1-12, 5-8.1-15, 5-8.1-16,

20-7

and 5-8.1-17 of the General Laws in Chapter 5-8.1 entitled "Land Surveyors" are hereby amended

20-8

and/or added to read as follows:

20-9

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

20-10

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

20-11

     (1) "ABET" means the Accreditation Board for Engineering and Technology.

20-12

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

20-13

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

20-14

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

20-15

board approves.

20-16

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

20-17

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

20-18

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

20-19

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

20-20

chapter.

20-21

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

20-22

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

20-23

registration accompanied by the required examination fee.

20-24

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

20-25

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

20-26

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

20-27

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

20-28

supervision of a professional land surveyor.

20-29

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

20-30

an examination in the fundamentals of land surveying.

20-31

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

20-32

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

20-33

than twenty (20) hours of labor per week.

21-34

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

21-35

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

21-36

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

21-37

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

21-38

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

21-39

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

21-40

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

21-41

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

21-42

note records and property descriptions that represent these surveys.

21-43

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

21-44

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

21-45

a professional land surveyor.

21-46

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

21-47

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

21-48

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

21-49

registered.

21-50

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

21-51

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

21-52

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

21-53

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

21-54

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

21-55

this section.

21-56

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

21-57

the board of professional land surveyors.

21-58

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

21-59

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

21-60

stamp legal descriptions final drawings, specifications, and reports.

21-61

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

21-62

academic quality and content to satisfy the board.

21-63

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

21-64

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

21-65

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

21-66

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

21-67

time to time, subject to the director’s approval, that has been duly adopted by the board of

21-68

professional land surveyors, and which prescribes the manner in which that board administers its

22-1

affairs and establishes rules of conduct, procedures, and standards for adherence by all persons

22-2

registered by the board, filed with the secretary of state in accordance with the provisions of §§

22-3

42-35-3(a) and 42-35-4(b), and this chapter.

22-4

     (20) “Department” means the department of business regulation.

22-5

     (21) “Director” means the director of the department of business regulation or his or her

22-6

designee.

22-7

     5-8.1-4. Board of registration for professional land surveyors--Authority, powers,

22-8

and duties-- (a) The duty of the board of land surveyors is to administer the provisions of this

22-9

chapter in regards to the regulation of professional land surveying and the registration of

22-10

professional land surveyors.

22-11

     (b)(1) The Subject to the director’s approval, the board of land surveyors may establish

22-12

any rules and regulations for the conduct of its own proceedings, for examination of applicants,

22-13

for registration of professional land surveyors and surveyors in training, for continuing education

22-14

requirements, and for governing the practice of land surveying, that it deems appropriate.

22-15

     (2) Upon July 12, 1990, the rules and regulations in effect prior to that date shall remain

22-16

in effect until adoption of new rules and regulations.

22-17

     (c) The board of professional land surveyors shall hold examinations for qualified

22-18

individuals applying for registration as professional land surveyors or for certification as

22-19

surveyors-in-training at least once a year.

22-20

     (d) The With the assistance of the department, the board of land surveyors shall issue and

22-21

renew certificates of registration to individuals who have qualified to practice professional land

22-22

surveying under the provisions of this chapter.

22-23

     (e) The director, on his or her own motion or upon recommendation of the board of

22-24

professional land surveyors, has the power to suspend, refuse to renew, or revoke, or take other

22-25

permitted action with respect to certificates of registration in accordance with the provisions of

22-26

this chapter. In all disciplinary proceedings brought pursuant to this chapter, the director board

22-27

has the power to administer oaths, to summon witnesses and to compel the production of

22-28

documents in accordance with procedures applicable in the superior court. Upon failure of any

22-29

person to appear to produce documents in accordance with the board's order, the director board

22-30

may apply to a court of any jurisdiction to enforce compliance with the order.

22-31

     (f) The board of professional land surveyors Either on his or her own initiative or on the

22-32

recommendation of the board, the director is authorized in the name of the state to apply for relief

22-33

by injunction in the established manner provided in cases of civil procedure, without bond, to

22-34

enforce the provisions of this chapter, or to restrain any violations of this chapter. In those

23-1

proceedings, it is not necessary to allege or prove, either that an adequate remedy at law does not

23-2

exist or that substantial or irreparable damage would result from the continued violation of this

23-3

chapter. The department and/or the members of the board are not personally liable under this

23-4

proceeding.

23-5

     (g) No action or other legal proceedings for damages shall be instituted against the

23-6

department and/or board or against any board member or employee of the department or board

23-7

for any act done in good faith and in the intended performance of any power granted under this

23-8

chapter or for any neglect or default in the performance or exercise in good faith of that duty or

23-9

power. The state shall indemnify the department and/or board and the members, employees, and

23-10

agents for, and hold them harmless from, any and all costs, damages, and reasonable attorneys

23-11

fees arising from or related in any way to claims or actions against them as to matters to which

23-12

the immunity applies.

23-13

     (h) The department and/or board is empowered to collect any fees and charges prescribed

23-14

in this chapter and to apply the fees and charges to the cost of fulfilling the requirements and

23-15

responsibilities of this chapter.

23-16

     5-8.1-9. Board of registration for professional land surveyors – Application and

23-17

qualification for registration. -- (a) Application for registration as a professional land surveyor

23-18

or certification as a surveyor-in-training shall be made, in writing, on a form prescribed and

23-19

furnished by the board of land surveyors. The application shall:

23-20

     (i) Contain statements made under oath;

23-21

     (ii) Show the applicant's education;

23-22

     (iii) Contain a detailed summary of the applicant's technical and professional experience;

23-23

and

23-24

     (iv) Designate references as described in this section.

23-25

     (b) The fee established in § 5-8.1-11 must accompany each application. Failure to include

23-26

this fee will result in the application being returned to the applicant without consideration by the

23-27

board.

23-28

     (c) To be eligible for registration as a professional land surveyor, an applicant must be of

23-29

good character and reputation. Additionally, the applicant must submit five (5) references with

23-30

his or her application, three (3) of which are from registered professional land surveyors having

23-31

personal knowledge of his or her land surveying experience. No person seeking his or her initial

23-32

registration as a professional land surveyor shall be granted the certificate without first

23-33

completing a surveyor-in-training program as prescribed and approved by the board.

24-34

     (d) To be eligible for certification as a surveyor-in-training, an applicant must be of good

24-35

character and reputation substantiated by an interview with a quorum of the board of registration

24-36

and additionally must submit three (3) character references one of which must be from a

24-37

professional land surveyor.

24-38

     (e) One of the following shall be considered as minimum evidence to the board that the

24-39

applicant is qualified for registration as a professional land surveyor or for certification as a land-

24-40

surveyor-in training, respectively:

24-41

     (i) Graduation from a four (4) year survey degree program, experience and examination.

24-42

A graduate of a four (4) year survey degree program may be admitted to an eight (8) hour written

24-43

examination in the fundamentals of land surveying. Upon passing that examination the applicant

24-44

is granted a surveyor-in-training certificate in this state. After receiving the surveyor-in-training

24-45

certificate the applicant will need a specific record of a minimum four (4) years of experience in

24-46

land surveying. This verified experience shall be under the direct supervision of a registered

24-47

professional land surveyor, satisfactory to the board and shall be broken down as follows. At a

24-48

minimum twenty percent (20%) shall be field experience, twenty percent (20%) shall be research,

24-49

deed evidence, reconciliation, etc. and twenty percent (20%) shall be property line calculations

24-50

and determination. Once the experience has been deemed satisfactory to the board, the applicant

24-51

may be admitted to a six (6) hour written an examination in the principles and practice of land

24-52

surveying plus an additional two (2) hour written Rhode Island legal portion. Upon passing that

24-53

examination, the applicant is granted a certificate of registration to practice land surveying in this

24-54

state, provided the applicant is qualified.

24-55

     (ii) Graduation from a four (4) year degree program, experience and examination. A

24-56

graduate of a four (4) year degree program who has also fulfilled the four (4) year core

24-57

curriculum (see paragraph (iii) below) may be admitted to an eight (8) hour written examination

24-58

in the fundamentals of land surveying. Upon passing that examination the applicant is granted a

24-59

surveyor-in-training certificate in this state. After receiving the surveyor-in-training certificate the

24-60

applicant will need a specific record of a minimum five (5) years of experience in land surveying.

24-61

This verified experience shall be under the direct supervision of a registered professional land

24-62

surveyor, satisfactory to the board and shall be broken down as follows: At a minimum twenty

24-63

percent (20%) shall be field experience; twenty percent (20%) shall be research, deed evidence,

24-64

reconciliation, etc. and twenty percent (20%) shall be property line calculations and

24-65

determination. Once the experience has been deemed satisfactory to the board, the applicant may

24-66

be admitted to a six (6) hour written an examination in the principles and practice of land

24-67

surveying plus an additional two (2) hour written Rhode Island legal portion. Upon passing that

24-68

examination, the applicant is granted a certificate of registration to practice land surveying in this

25-1

state, provided the applicant is qualified.

25-2

     (iii) Four (4) year core curriculum. An applicant with a four (4) year degree as described

25-3

in paragraph (ii) above may need to take additional courses to fulfill, at a minimum, the following

25-4

core curriculum. For the following list of classes any equivalent class may be taken and any

25-5

survey related course may be substituted upon approval of the board:

25-6

     (A) Surveying I (3 credit hours), Surveying II (3 credit hours).

25-7

     (B) GPS & Geodetic control (3 credit hours).

25-8

     (C) Photogrammetry and remote sensing (3 credit hours).

25-9

     (D) Boundary adjustment computations (3 credit hours).

25-10

     (E) Land development/planning (3 credit hours).

25-11

     (F) Geographic/land information systems (3 credit hours).

25-12

     (G) Physics I with lab (4 credit hours).

25-13

     (H) Calculus I (4 credit hours), Calculus II (4 credit hours).

25-14

     (I) Statistical analysis (3 credit hours).

25-15

     (J) Law (12 credit hours): boundary law, law of contracts, law of property, estates &

25-16

trusts, professional ethics.

25-17

     (K) Business (9 credit hours): Quantitative business analysis I, business administration,

25-18

small business management, micro economics.

25-19

     (L) Science (9 credit hours): geology, astronomy, soils, dendrology, chemistry, biology,

25-20

ecology.

25-21

     (M) Computer usage (12 credit hours): introduction to computers, computer science,

25-22

computer programming, AutoCAD basics, AutoCAD advanced.

25-23

     (N) English composition (3 credit hours).

25-24

     (O) Advanced communication (6 credit hours): technical writing, creative writing or

25-25

speech.

25-26

     (iv) Graduation from a two (2) year survey degree program, experience, and

25-27

examination. A graduate of a two (2) year survey degree program may be admitted to an eight (8)

25-28

hour written examination in the fundamentals of land surveying. Upon passing that examination

25-29

the applicant is granted a surveyor-in-training certificate in this state. After receiving the

25-30

surveyor-in-training certificate the applicant will need a specific record of a minimum six (6)

25-31

years of verified experience in land surveying. (Four (4) of the years of experience shall be after

25-32

receiving a surveyor-in-training certificate). All six (6) years of experience shall be under the

25-33

direct supervision of a registered professional land surveyor, satisfactory to the board and shall be

25-34

broken down as follows: At a minimum twenty percent (20%) shall be field experience, twenty

26-1

percent (20%) shall be research, deed evidence, reconciliation, etc. and twenty percent (20%)

26-2

shall be property line calculations and determination. Once the experience has been deemed

26-3

satisfactory to the board, the applicant may be admitted to a six (6) hour written an examination

26-4

in the principles and practice of land surveying plus an additional two (2) hour written Rhode

26-5

Island legal portion. Upon passing that examination, the applicant is granted a certificate of

26-6

registration to practice land surveying in this state, provided the applicant is qualified.

26-7

     (v) Graduation from a two (2) year degree program, experience, and examination. A

26-8

graduate of a two (2) year degree program who has also fulfilled the two (2) year core curriculum

26-9

(see paragraph (vi) below) may be admitted to an eight (8) hour written examination in the

26-10

fundamentals of land surveying. Upon passing that examination the applicant is granted a

26-11

surveyor-in-training certificate in this state. After receiving the surveyor-in-training certificate the

26-12

applicant will need a specific record of a minimum seven (7) years of verified experience in land

26-13

surveying. (Four (4) of the years of experience shall be after receiving a surveyor-in-training

26-14

certificate). All seven (7) years of experience shall be under the direct supervision of a registered

26-15

professional land surveyor, satisfactory to the board and shall be broken down as follows: At a

26-16

minimum twenty percent (20%) shall be field experience; twenty percent (20%) shall be research,

26-17

deed evidence, reconciliation, etc. and twenty percent (20%) shall be property line calculations

26-18

and determination. Once the experience has been deemed satisfactory to the board, the applicant

26-19

may be admitted to a six (6) hour written an examination in the principles and practice of land

26-20

surveying plus an additional two (2) hour written Rhode Island legal portion. Upon passing that

26-21

examination, the applicant is granted a certificate of registration to practice land surveying in this

26-22

state, provided the applicant is qualified.

26-23

     (vi) Two (2) year core curriculum. An applicant with a two (2) year degree as described

26-24

in paragraph (v) above may need to take additional courses to fulfill, at a minimum, the following

26-25

core curriculum. For the following list of classes any equivalent class may be taken and any

26-26

survey related course may be substituted upon approval of the board:

26-27

     (A) Surveying I (3 credit hours), Surveying II (3 credit hours).

26-28

     (B) Mathematics (12 credit hours): advanced algebra, analytical trigonometry, analytical

26-29

geometry, spherical trigonometry, statistical analysis or quantitative business analysis I,

26-30

Analytical trigonometry and analytical geometry are mandatory classes to fulfill the (12 credit

26-31

hours).

26-32

     (C) Business and law (6 credit hours): legal principles, business administration, law of

26-33

contracts, law of property, estates & trusts, professional ethics.

27-34

     (D) Science (6 credit hours): physics, geology, astronomy, soils, dendrology, chemistry,

27-35

biology, ecology.

27-36

     (E) Computer usage (6 credit hours): introduction to computers, computer science,

27-37

computer programming, AutoCAD basics, AutoCAD advanced.

27-38

     (F) English composition (3 credit hours).

27-39

     (G) Advanced communication (6 credit hours): technical writing, creative writing or

27-40

speech.

27-41

     (vii) Graduation from a two (2) year program, experience and examination. Any person

27-42

obtaining a minimum of five (5) years experience under the supervision of a registered

27-43

professional land surveyor, and is satisfactory to the board, may be admitted to an eight (8) hour

27-44

written examination in the fundamentals of land surveying. Upon passing that examination the

27-45

applicant is granted a surveyor-in-training certificate (LSIT), in this state provided the applicant is

27-46

qualified. Upon obtaining a specific record of a minimum of an additional five (5) years of

27-47

experience of combined office and field experience satisfactory to the board in land surveying,

27-48

which experience was under the direct supervision of a registered professional land surveyor, and

27-49

which experience indicates to the board that the applicant may be competent to practice land

27-50

surveying, and the person is a graduate of a land surveying or related curriculum of satisfactory

27-51

standing, of two (2) years or more approved by the board, who has obtained an associates degree

27-52

in land surveying or related curriculum, the applicant may be submitted to a six (6) hour written

27-53

an examination in the principles and practice of land surveying plus an additional two (2) hour

27-54

written Rhode Island legal portion. Upon passing that examination, the applicant is granted a

27-55

certificate of registration to practice land surveying in this state, provided the applicant is

27-56

qualified. This subsection expires at midnight, December 31, 2009.

27-57

     (viii) In certain instances in which an applicant presents an experience of unusually high

27-58

quality, the board, at its complete discretion, may allow an applicant, having acquired six (6)

27-59

verified years of active office and field experience in land surveying, which experience has been

27-60

under the direct supervision of a professional land surveyor, to be admitted to an eight (8) hour

27-61

written examination in the fundamentals of land surveying. Upon passing those examinations, the

27-62

applicant is granted a surveyor-in-training certificate in the state. This subsection does not exempt

27-63

the applicant from the required degree or the experience after obtaining the surveyor-in-training

27-64

certificate (LSIT).

27-65

     (ix) Surveying teaching. Teaching of advanced land surveying subjects in a college or

27-66

university offering an approved land surveying curriculum may be considered as land surveying

27-67

experience satisfactory to the board.

28-68

     (x) Registration by comity or endorsement. A person holding a current certificate of

28-69

registration to engage in the practice of land surveying issued to him or her by a proper authority

28-70

of a state, territory, or possession of the United States, or the District of Columbia must have, at

28-71

the time they were licensed, met the existing Rhode Island requirements for licensure. All

28-72

applicants applying under this section must have passed the written examinations in the

28-73

fundamentals of land surveying and the principles and practice of land surveying. If, based upon

28-74

verified evidence and the opinion of the board, the applicant meets all appropriate requirements

28-75

of this section, the applicant will be allowed to take the two (2) hour written Rhode Island legal

28-76

portion. Upon passing this examination the applicant shall be granted a certificate of registration

28-77

to practice land surveying in this state, provided the applicant is qualified.

28-78

     (f) The passing grade on all examinations offered by the land surveyors is not less than

28-79

seventy percent (70%). An applicant failing any examination may apply for re-examination upon

28-80

payment of the appropriate fees. An applicant who scores less than fifty percent (50%) on any

28-81

examination may not apply for re-examination for at least one year.

28-82

     (g) An applicant who fails any of the exams three (3) times shall be interviewed by the

28-83

board, before any further application can be acted upon. It is the applicant's responsibility to show

28-84

the board that he or she will be successful if allowed to take the exam again. If in the board's

28-85

opinion the applicant can not satisfactorily demonstrate that he or she is qualified to re-take the

28-86

exam, the board may require that the applicant acquire additional knowledge, education, and or

28-87

experience, satisfactory to the board before the applicant may sit for another exam.

28-88

     5-8.1-10. Board of registration for professional land surveyors--Issuance and

28-89

renewal of certificates.-- (a) Surveyors previously registered. Each land surveyor holding a

28-90

certificate of registration under the laws of this state as previously in effect shall be deemed

28-91

registered as a professional land surveyor under this chapter.

28-92

     (b) Surveyors-in-training previously registered. Each surveyor-in-training previously

28-93

enrolled under the laws of this state as previously in effect shall be deemed enrolled under this

28-94

chapter.

28-95

     (c) Certificates of registration. The With the assistance of the department, the board of

28-96

land surveyors shall issue a certificate of registration upon payment of the registration fee as

28-97

provided for in this chapter to any applicant, who, in the judgment of the board, has met the

28-98

requirements of this chapter. Enrollment cards are issued to those who qualify as surveyors-in-

28-99

training. The certificate of registration shall:

28-100

     (1) Carry the designation “professional land surveyor”;

28-101

     (2) Show the full name of the registrant, without any titles;

29-102

     (3) Have a serial number; and

29-103

     (4) Be signed by both the chairperson and secretary of the board of land surveyors.

29-104

     (d) Effect of certification. The issuance of a certificate of registration by the board of land

29-105

surveyors is prima facie evidence that the person named in the certificate is entitled to all rights

29-106

and privileges of a professional land surveyor while the certificate of registration remains

29-107

unrevoked or unexpired.

29-108

     (e) Expiration and renewals. Certificates of registration that expire are invalid, rendering

29-109

practice authorized on the basis of that certificate illegal. It is the duty of the board of land

29-110

surveyors to notify every person registered under this chapter of the date of the expiration of his

29-111

or her certificate and the amount of the fee required for its renewal. That notice shall be mailed to

29-112

the registrant at his or her last known address at least one month in advance of the date of the

29-113

expiration of that certificate and it is the responsibility of each person registered under this

29-114

chapter to renew his or her certificate of registration prior to its expiration. Renewal may be

29-115

effected at any time prior to or during the month of June of each odd-numbered year (meaning

29-116

biennially) commencing in year 2003 (provided, that any said renewal shall be post-marked no

29-117

later than June 30th in that year in order to be valid), or at any other time that the law provides

29-118

for, by the payment of the fee required by this chapter. Renewal of an expired certificate may be

29-119

effected, with the director’s approval, within a period of four (4) years, provided, that evidence is

29-120

submitted to the board of land surveyors attesting to the continued competence and good

29-121

character of the applicant. The amount to be paid for the renewal of a certificate after the date of

29-122

expiration shall be double the regular fee. In the event renewal is not made before the end of the

29-123

second year, the board of land surveyors may require any re-examination that it deems

29-124

appropriate and the amount to be paid for the renewal shall be as stated in this section.

29-125

     (f) Lapsed certificates. Any registrant who allows his or her certificate of registration to

29-126

lapse for more than four (4) years shall reapply for registration in accordance with the

29-127

requirements stated in § 5-8.1-9.

29-128

     (g) Re-issuance of certificate. A duplicate certificate of registration, to replace any

29-129

certificate lost, destroyed, or mutilated may be issued by the board of land surveyors upon

29-130

payment of the fee required by § 5-8.1-11.

29-131

     (h) Any party aggrieved by the board’s decision regarding license issuance or renewal

29-132

may, within ten (10) days of the decision, appeal the matter to the director by submitting a written

29-133

request for a formal hearing to be conducted in accordance with the provisions of section 5-8.1-

29-134

15.

29-135

     5-8.1-12. Board of registration for professional land surveyors-Official stamp of

29-136

professional land surveyor.-- (a) A registrant under this chapter may obtain a Rhode Island seal

30-1

of the design authorized by the board of land surveyors, bearing the registrant's name, registration

30-2

number, and the legend “Professional Land Surveyor”. Final surveys, drawings, reports, plats,

30-3

replats, plans, legal descriptions, and calculations prepared by a registrant shall, when issued, be

30-4

signed, dated, and stamped with the seal or facsimile of a seal. It is unlawful for a land surveyor

30-5

to affix, or permit his or her seal or facsimile of a seal to be affixed, to any survey, drawing,

30-6

report, plan, legal descriptions, plat, replat, report, legal description or calculations after

30-7

expiration of a certificate or for the purpose of aiding or abetting any other person to evade or

30-8

attempt to evade any provisions of this chapter. It is unlawful for any person other than the

30-9

registered land surveyor who has signed and sealed the survey, drawing, plan, plat, replat, report,

30-10

legal description or calculations to modify, change, amend, add, or delete any data, information,

30-11

lines, angles, or areas shown on the survey, drawing, plan, plat, replat, or report.

30-12

     (b) Upon revocation or suspension of his or her certificate of registration, or upon

30-13

expiration of the certificate without renewal, a professional land surveyor shall surrender his or

30-14

her stamp to the board of land surveyors. The director board has the power to institute

30-15

proceedings in superior court to enforce this subsection.

30-16

     (c) Upon the death of any professional land surveyor registered under this chapter, that

30-17

person(s) appointed to administer the estate of the decedent shall surrender the stamp of the

30-18

deceased professional land surveyor to the board of land surveyors. The director board has the

30-19

power to institute proceedings in superior or probate court to enforce this subsection.

30-20

     5-8.1-15. Board of registration for professional land surveyors-Disciplinary actions.-

30-21

- (a) Revocation, suspension, and censure. After notice and a hearing as provided in this section,

30-22

the director board of land surveyors may in his or her its discretion or upon recommendation of

30-23

the board: (1) suspend, or revoke, or take other permitted action with respect to refuse to renew

30-24

any certificate of registration; (2) revoke, or suspend or take other permitted action with respect to

30-25

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

30-26

writing; (4) limit the scope of practice of; (5) impose an administrative fine, not to exceed one

30-27

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

30-28

shown order a reimbursement of the department board for all fees, expenses, costs, and attorneys'

30-29

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

30-30

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

30-31

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

30-32

set out in subsection (b) of this section.

30-33

     (b) Grounds. The director board may take actions specified in subsection (a) of this

30-34

section for any of the following causes:

31-1

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

31-2

certificate of authorization;

31-3

     (2) Practicing land surveying in another state or country or jurisdiction in violation of the

31-4

laws of that state, country, or jurisdiction;

31-5

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

31-6

conduct established by the board and approved by the director;

31-7

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

31-8

practice of land surveying;

31-9

     (5) Use of a land surveyor's stamp in violation of § 5-8.1-12;

31-10

     (6) Violation of any of the provisions of this chapter or chapter 5-84;

31-11

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

31-12

before any other country or jurisdiction;

31-13

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

31-14

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

31-15

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

31-16

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

31-17

state or of the federal government;

31-18

     (9) Failure to furnish to the department and/or board or any person acting on behalf

31-19

thereof in a reasonable time such information as may be legally requested by the department

31-20

and/or board;

31-21

     (10) In conjunction with any violation of subdivisions (1)-(9) of this subsection, any

31-22

conduct reflecting adversely upon the registrant's fitness to engage in the practice of land

31-23

surveying; and

31-24

     (11) In conjunction with any violation of subdivisions (1)-(9) of this subsection, any other

31-25

conduct discreditable to the land surveying profession.

31-26

     (c) Procedures. (1) Any person may prefer charges of fraud, deceit, gross negligence,

31-27

incompetence, or misconduct against any applicant or registrant. In addition, the department or

31-28

board may, on its own motion, investigate the conduct of an applicant or registrant of the board,

31-29

and may in appropriate cases file a written statement of charges with the secretary of the board.

31-30

The charges shall be in writing and shall be sworn to by the person or persons making them and

31-31

shall be filed with the board of land surveyors. All charges, unless dismissed by the director board

31-32

of land surveyors as unfounded or trivial, shall be heard by the director board within three (3)

31-33

months after the date on which they were referred.

32-34

     (2) The time and place for the hearing shall be fixed by the department board of land

32-35

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

32-36

shall be personally served on or mailed to the last known address of the registrant at least thirty

32-37

(30) days before the date fixed for the hearing. At any hearing, the accused registrant or applicant

32-38

has the right to appear personally and/or by counsel, to cross examine witnesses appearing against

32-39

him or her, and to produce evidence and witnesses in his or her defense.

32-40

     (3) If, after the hearing, the charges are sustained, the director, on his or her own motion

32-41

or upon recommendation of the board of land surveyors, may in his or her its discretion suspend,

32-42

refuse to renew, or revoke, or take other permitted action with respect to the certificate of

32-43

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

32-44

action and/or order any other penalty permitted by this section.

32-45

     (4) The director board of land surveyors may, at his or her its discretion, reissue a

32-46

certificate of registration or certificate of authorization or renewal to any person or firm denied

32-47

registration under this section or upon presentation of satisfactory evidence of reform and/or

32-48

redress.

32-49

     (5) The board may participate in hearings before the director through representation by

32-50

the department’s legal staff acting as the prosecuting agent before the director.

32-51

     (d) Legal counsel. The board of land surveyors may employ other counsel and necessary

32-52

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

32-53

paid from the funds of the budgeted for and under the control of the board. The department shall

32-54

make its legal staff available to act as legal advisor to the board and to render any legal assistance

32-55

that is necessary in carrying out the provisions of this chapter. The director may employ other

32-56

counsel and necessary assistance to aid in the enforcement of this chapter, and their compensation

32-57

and expenses shall be paid from the funds of the department.

32-58

     (e) Nothing in this chapter shall prevent the department and/or board of land surveyors

32-59

from charging one or both parties a fee for the direct costs associated with hearings and

32-60

transcripts in accordance with the department’s rules of procedure for administrative hearings.

32-61

     (f) Nothing in this chapter shall prevent the board from entering into consent agreements

32-62

or informal resolutions with any party under investigation for violations under this chapter and/or

32-63

chapter 5-84.

32-64

     5-8.1-16. Board of registration for professional land surveyors-Appeals.-- Any person

32-65

aggrieved by any decision or ruling of the department board of land surveyors may appeal that

32-66

decision in accordance with the provisions of chapter 35 of title 42. For the purposes of this

32-67

section, the board of land surveyors is considered a person.

33-68

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

33-69

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

33-70

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

33-71

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

33-72

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

33-73

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

33-74

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

33-75

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

33-76

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

33-77

certificate requirement under the provisions of this chapter.

33-78

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

33-79

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

33-80

violating those provisions.

33-81

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

33-82

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

33-83

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

33-84

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

33-85

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

33-86

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

33-87

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

33-88

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

33-89

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

33-90

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

33-91

chapter.

33-92

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

33-93

corporation or limited liability company which knowingly and willfully: (1) violates subsection

33-94

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

33-95

of another; (3) gives any false or forged evidence of any kind to the department and/or board or to

33-96

any member of the board in obtaining or attempting to obtain a certificate of

33-97

registration/authorization; (4) falsely impersonates any other registrant whether of a like or

33-98

different name; (5) uses or attempts to use an expired, revoked, or nonexistent certificate of

33-99

registration/authorization; (6) falsely claims to be registered under this chapter; or (7) otherwise

33-100

violates any provision of this chapter; shall be guilty of a misdemeanor and, upon conviction by a

33-101

court of competent jurisdiction, shall be sentenced to pay a fine of not more than four thousand

33-102

dollars ($4,000) for the first offense and a fine of not less than four thousand dollars ($4,000) nor

34-1

more than ten thousand dollars ($10,000) for each subsequent offense, or imprisonment for not

34-2

more than one year, or both; in the court's discretion and upon good cause shown reimburse the

34-3

department and/or board for any and all fees, expenses, and costs incurred by the department

34-4

and/or board in connection with the proceedings, including attorneys' fees, which amounts shall

34-5

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

34-6

reprimand.

34-7

     (e) The Either on his or her own initiative or on the recommendation of the board, the

34-8

director has the power to institute injunction proceedings in superior court to prevent violations of

34-9

subsection (a) or (c) of this section or violations of § 5-8.1-1. In injunction proceedings, the

34-10

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

34-11

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

34-12

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

34-13

any person or entity in violation of this section shall:

34-14

     (1) Upon good cause shown reimburse the department board for any and all fees,

34-15

expenses, and costs incurred by the department and/or board in connection with the proceedings,

34-16

including attorneys fees, which amounts shall be deposited as general revenues; and/or

34-17

     (2) Be subject to public censure or reprimand.

34-18

     SECTION 4. Sections 5-51-1, 5-51-2, 5-51-5, 5-51-7, 5-51-9, 5-51-16, 5-51-17, and 5-

34-19

51-17.1 of the General Laws in Chapter 5-51 entitled "Rhode Island State Board of Examiners of

34-20

Landscape Architects" is hereby amended and/or added to read as follows:

34-21

     5-51-1. Definitions. -- As used in this chapter, the following definitions of words and

34-22

terms apply:

34-23

     (1) "Board" means the Rhode Island state board of examiners of landscape architects.

34-24

     (2) "Decorative planting plans" means and refers to planning and designing intended

34-25

exclusively for the decoration of residential structures or settings which contain no greater than

34-26

two (2) "dwelling units" as the term is defined in subdivision 45-24-31(24) and which involves

34-27

the use and arrangement of trees, shrubs, plants, ground-cover, and/or flowers for aesthetic and

34-28

decorative purposes only, but specifically does not include the following:

34-29

     (i) Plans or designs which create the layout of grading, vehicular paving, drainage, storm

34-30

water management, irrigation, erosion control, retaining walls, decks, gazebos, pools, or any

34-31

similar structures;

34-32

     (ii) Plans or designs intended or used at any time or in any manner for or in furtherance of

34-33

the purpose of obtaining federal, state, or local building, construction, or related permits or like

34-34

authorizations; and/or

35-1

     (iii) Plans or designs relating to federal, state, or local public works or public projects, or

35-2

otherwise relating to property which is not privately owned.

35-3

     (3) "Landscape architect" means a person who engages or offers to engage in the practice

35-4

of landscape architecture.

35-5

     (4) "Landscape architecture" means planning and designing the use, allocation, and

35-6

arrangement of land and water resources, through the creative application of biological, physical,

35-7

mathematical, and social processes. Insofar as these services involve safeguarding life, health or

35-8

property, and include any other professional services that may be necessary to the planning,

35-9

progress, and completion of any landscape architectural services, these services may include, but

35-10

not be limited to, the following:

35-11

     (A) Consultation, research, analysis and assessment, selection, and allocation of land and

35-12

water resources;

35-13

     (B) Formulation of graphic and written criteria to govern the planning and design of land

35-14

construction development programs including:

35-15

     (I) The preparation, review and analysis of master and site plans;

35-16

     (II) Reconnaissance, planning, design, preparation of drawings, construction documents

35-17

and specifications, and responsible construction observation;

35-18

     (C) Design coordination and review of technical plans and construction documents

35-19

prepared by other professionals working under the direction of the landscape architect;

35-20

     (D) Land preservation, restoration, conservation, reclamation, rehabilitation, management

35-21

and development;

35-22

     (E) Feasibility studies and site selection for developments;

35-23

     (F) Integration, site analysis and determination of settings for grounds and locations of

35-24

buildings, structures, transportation systems, and environmental systems;

35-25

     (G) Analysis and design of grading and drainage, storm water management, irrigation

35-26

systems for erosion and sediment controls, planting plans, lighting, and ground cover; and

35-27

     (H) Feasibility studies, cost estimates and reports for development.

35-28

     (ii) "Landscape architecture" does not mean nor extend to the preparation of "decorative

35-29

planting plans" as defined in subdivision (2) of this section.

35-30

     (5) “Department” means the department of business regulation.

35-31

     (6) “Director” means the Director of the Department of Business Regulation or his or her

35-32

designee.

35-33

     5-51-2. Board--Creation--Composition--Appointment, terms, and qualifications of

35-34

members-Duties-Compensation.-- (a)(1) There is established a state board of landscape

36-1

architects which consists of seven (7) members.

36-2

     (2) On May 19, 1975, the governor shall appoint one member to serve until the first day

36-3

of February, 1976, or until his or her successor is appointed and qualified; one member to serve

36-4

until the first day of February, 1977, or until his or her successor is appointed and qualified; one

36-5

member to serve until the first day of February, 1978, or until his or her successor is appointed

36-6

and qualified; one member to serve until the first day of February, 1979, or until his or her

36-7

successor is appointed and qualified; and one member to serve until February, 1980, or until his

36-8

or her successor is appointed and qualified.

36-9

     (3) Upon completion of the original term the terms of members identified in subdivision

36-10

(2) of this subsection shall be for five (5) years.

36-11

     (4) One member of the board shall be from the general public. This member shall serve

36-12

for terms of five (5) years.

36-13

     (5) Four (4) members of the board shall be landscape architects whose residences and

36-14

principal places of business shall be within this state, who have been actively engaged in the

36-15

practice of landscape architecture within this state. The original appointees to the board do not

36-16

need to be registered but engaged in the practice of landscape architecture for a minimum of four

36-17

(4) years.

36-18

     (6) The governor may remove any member from office for misconduct, incapacity or

36-19

neglect of duty.

36-20

     (b) During the month of July of each year, the board shall elect from its members a

36-21

chairperson and a vice chairperson.

36-22

     (c) The secretary of the board shall keep a true and complete record of all its proceedings

36-23

of the board and shall aid in the enforcement of this chapter.

36-24

     (d) The Subject to the approval of the director, the board may make all necessary

36-25

regulations and bylaws not inconsistent with this chapter.

36-26

     (e) In carrying into effect the provisions of this chapter, the director board may subpoena

36-27

witnesses and compel their attendance and may require the production of books, papers, and

36-28

documents in any proceeding involving the revocation of registration, or practicing or offering to

36-29

practice without registration.

36-30

     (1) Any member of the board The director may administer oaths or affirmations to

36-31

witnesses appearing before the director board.

36-32

     (2) If any person fails to appear in response to that process, or if, having appeared in

36-33

obedience to the process, he or she refuses to answer any pertinent questions put to him or her by

36-34

any member of the board or department its counsel, he or she, upon presentation of those facts to

37-1

the superior court, shall be subject to any fines and penalties that might be imposed by this court

37-2

if that failure or refusal occurred in any civil action pending in that court.

37-3

     (f) The Subject to the director’s approval, the board may establish a procedure for

37-4

complaints concerning any licensed or certified landscape architects.

37-5

     (g) The Subject to the director’s approval, the board shall establish procedures and

37-6

programs in conjunction with the department of environmental management and may annually

37-7

publish a report of its activities, operations, and recommendations.

37-8

     (h) Members of the board shall not be compensated for meetings attended.

37-9

     (i) No action or other legal proceedings for damages shall be instituted against the

37-10

department and/or board or against any member, employee, or agent thereof for any actions taken

37-11

in good faith in the intended performance of any power granted under this chapter or for any

37-12

neglect or default in the performance or exercise in good faith of that duty or power. The state

37-13

shall indemnify the department and/or board and these members, employees, or agents for, and

37-14

hold them harmless from, any and all costs, damages, and reasonable attorneys' fees arising from

37-15

or related in any way to claims or actions against them as to matters to which the immunity

37-16

applies.

37-17

     5-51-5. Procedure for processing applications for license. -- (a) All applicants shall be

37-18

considered individually by the board, with the assistance of the department, and passed or

37-19

rejected on a roll call vote. The action taken by the board on each application shall be recorded in

37-20

the minutes and an outline of the action taken by the board shall be placed with the application.

37-21

     (b) Personal appearance before the board, if required, shall be at the time and place

37-22

designated by the board.

37-23

     (c) Failure to supply additional evidence or information within sixty (60) days from the

37-24

date of a written request from the board, or to appear before the board when an appearance shall

37-25

be deemed necessary by the board, may be considered just and sufficient cause for disapproval of

37-26

the application.

37-27

     (d) Any party aggrieved by the board’s decision regarding license issuance may, within

37-28

ten (10) days of the decision, appeal the matter to the director by submitting a written request for

37-29

a formal hearing to be conducted in accordance with the provisions of section 5-51-17.1.

37-30

     5-51-7. Reciprocity.--Waiver of requirements for examination

37-31

     (a) The board may waive the requirements for examination of a competent landscape

37-32

architect holding a license in another state, territory, or possession of the United States, or in a

37-33

foreign country, provided that state, territory, possession, or country grants equal rights and has at

37-34

least equal standards, and provided that the applicant's license shall be based on comparable

38-1

written examinations and that his or her qualifications meet all of the requirements of this chapter

38-2

based on verified evidence satisfactory to the board.

38-3

     (b) The Subject to the director’s approval, the board shall establish standards for the

38-4

determination and implementation of reciprocity with other states.

38-5

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

38-6

license shall be valid for a period of two (2) years and shall expire on the last day of June of each

38-7

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

38-8

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

38-9

following its issuance. A license or certificate of authorization may be renewed by paying the

38-10

renewal fee required by § 5-51-14. A landscape architect who fails to renew his or her license

38-11

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

38-12

renewal fee and the additional fee(s) required by § 5-51-14. A landscape architectural firm, which

38-13

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

38-14

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

38-15

required in § 5-51-14. The certificates of authorization shall be issued by the board, with the

38-16

assistance of the department, indicating the sole proprietorship, partnership, limited liability

38-17

partnership, corporation, or limited liability company named in it is permitted to practice

38-18

landscape architecture in this state. A license or certificate of authorization shall not be renewed

38-19

until the renewal fee is received by the board.

38-20

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

38-21

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

38-22

reinstatement.

38-23

     (b) The Subject to the approval of the director, the board may determine and establish

38-24

rules and regulations for continuing education requirements and other recertification procedures

38-25

as the board deems necessary.

38-26

     (c) The board may require all applicants for renewal to provide the board with any

38-27

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

38-28

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

38-29

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

38-30

deems necessary.

38-31

     (d) Any party aggrieved by the board’s decision regarding license renewal may, within

38-32

ten (10) days of the decision, appeal the matter to the director by submitting a written request for

38-33

a formal hearing to be conducted in accordance with the provisions of section 5-51-17.1.

39-34

     5-51-16. Penalty for violations-Injunctive relief.-- (a) No individual shall: (1) practice

39-35

or offer to practice landscape architecture in this state; or (2) use any title, sign, card, or device

39-36

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

39-37

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

39-38

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

39-39

architect or is competent to practice landscape architecture in this state; or (4) use or display any

39-40

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

39-41

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

39-42

valid license issued pursuant to this chapter or is specifically exempted from holding a license

39-43

under the provisions of this chapter.

39-44

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

39-45

limited liability company shall: (1) practice or offer to practice landscape architecture in this

39-46

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

39-47

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

39-48

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

39-49

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

39-50

architectural firm or is competent to practice landscape architecture in this state; or (4) use or

39-51

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

39-52

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

39-53

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

39-54

company complies with the requirements of this chapter.

39-55

     (c) Any individual, sole proprietorship, partnership, limited liability partnership,

39-56

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

39-57

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

39-58

false or forged evidence of any kind to the department and/or board or to any member or

39-59

employee thereof in obtaining or attempting to obtain a license/certificate of authorization; (4)

39-60

falsely impersonates any other registration whether of a like or different name; (5) uses or

39-61

attempts to use an expired, revoked, or nonexistent license/certificate of authorization; (6) falsely

39-62

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

39-63

shall upon determination thereof by a court of competent jurisdiction, be subject to a civil penalty

39-64

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

39-65

($2,000) for each subsequent offense; and in the court's discretion and upon good cause shown,

39-66

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

39-67

department and/or board in connection with the proceedings, including attorneys fees (which

39-68

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

40-1

public censure or reprimand.

40-2

     (d) The board Either on his or her own initiative or on the recommendation of the board,

40-3

the director shall have the power to institute injunction proceedings in superior court to prevent

40-4

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

40-5

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

40-6

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

40-7

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

40-8

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

40-9

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

40-10

department and/or board in connection with the proceedings, including attorneys fees (which

40-11

amounts shall be deposited as general revenues); and/or (ii) be subject to public censure or

40-12

reprimand.

40-13

     5-51-17. Revocation or suspension of licenses or certificates of authorization.-- After

40-14

notice and a hearing as provided in § 5-51-17.1, the director board may in his or her its discretion

40-15

or upon recommendation of the board: suspend, revoke, or take other permitted action with

40-16

respect to refuse to renew any license; and/or revoke, or suspend or take other permitted action

40-17

with respect to refuse to renew any certificate of authorization; and/or publicly censure, or

40-18

reprimand or censure in writing; and/or limit the scope of practice of; and/or impose an

40-19

administrative fine upon (not to exceed one thousand dollars ($1,000) for each violation); and/or

40-20

place on probation; and/or for good cause shown, order a reimbursement of the board department

40-21

for all fees, expenses, costs, and attorneys fees in connection with the proceedings (which

40-22

amounts shall be deposited as general revenues), all with or without terms, conditions or

40-23

limitations, holders of a license or certificate of authorization, (hereafter referred to as

40-24

licensee(s)), for any one or more of the following causes:

40-25

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

40-26

authorization;

40-27

     (2) Practicing landscape architecture in another state or country or jurisdiction in

40-28

violation of the laws of that state or country or jurisdiction;

40-29

     (3) Practicing landscape architecture in this state in violation of the standards of

40-30

professional conduct established by the board and approved by the director;

40-31

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

40-32

practice of landscape architecture;

40-33

     (5) Use of a landscape architect's stamp in violation of § 5-51-11;

41-34

     (6) Violation of any of the provisions of this chapter or chapter 5-84;

41-35

     (7) Suspension or revocation of the right to practice landscape architecture before any

41-36

state or before any other country or jurisdiction;

41-37

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

41-38

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

41-39

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

41-40

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

41-41

the federal government;

41-42

     (9) Failure to furnish to the department and/or board or any person acting on behalf of the

41-43

board in a reasonable time the information that may be legally requested by the department and/or

41-44

board;

41-45

     (10) In conjunction with any violation of subdivisions (1) through (9) of this section, any

41-46

conduct reflecting adversely upon the licensee's fitness to engage in the practice of landscape

41-47

architecture; and

41-48

     (11) In conjunction with any violation of subdivisions (1) through (9) of this section, any

41-49

other conduct discreditable to the landscape architectural profession.

41-50

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

41-51

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

41-52

holders of a license and/or certificate of authorization (hereafter referred to as licensee(s)) either

41-53

on his or her its own motion, upon recommendation of the board, or on complaint of any person,

41-54

upon a finding of probable cause by the board, or upon receiving notification from another state

41-55

board of landscape architects or from the appropriate authority in another country or jurisdiction

41-56

of its decision to:

41-57

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

41-58

that country or jurisdiction to the licensee; or

41-59

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

41-60

administrative fine upon, or place on probation the licensee.

41-61

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

41-62

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

41-63

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

41-64

mailing a copy of the notice by certified mail, return receipt requested, to the address of the

41-65

licensee last known to the board.

41-66

     (c) If, after being served with the notice of hearing as provided for in this section, the

41-67

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

41-68

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

42-1

evidence. An order shall be final unless the licensee petitions for a review of the order as

42-2

provided in this section. Within thirty (30) days from the date of any order, upon a showing of

42-3

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

42-4

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

42-5

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

42-6

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

42-7

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

42-8

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

42-9

partnership or limited liability partnership may be represented before the board or department by

42-10

counsel or any partner. A corporation may be represented by counsel before the board or

42-11

department, or any shareholder, officer or director of the corporation. A limited liability company

42-12

may be represented before the board or department by counsel or any member or manager of the

42-13

limited liability company. The licensee shall be entitled, upon written application to the

42-14

department board, to the issuance of subpoenas to compel the attendance of witnesses on the

42-15

licensee's behalf.

42-16

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

42-17

attendance of witnesses and the production of documents and may administer oaths, take

42-18

testimony, hear proofs and receive exhibits in evidence in connection with or upon hearing under

42-19

this chapter. In case of disobedience to a subpoena, the director board may petition the superior

42-20

court to require the attendance and testimony of witnesses and the production of documentary

42-21

evidence.

42-22

     (f) The director board shall not be bound by strict rules of procedure or by laws of

42-23

evidence in the conduct of its proceedings, but any determination of the board shall be based

42-24

upon sufficient legal evidence to sustain the determination.

42-25

     (g) A stenographic record Recordings of all hearings under this section shall be in

42-26

accordance with the rules and regulations established by the department’s rules of procedure for

42-27

administrative hearings kept and a transcript of the record filed with the board.

42-28

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

42-29

with the rules and regulations established by the board. The board may participate in formal

42-30

proceedings before the director through representation by the department’s legal staff acting as

42-31

the prosecuting agent before the director.

42-32

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

42-33

adversely affected by the decision, shall be governed by § 42-35-15.

43-34

     (j) On the director rendering a decision to: (1) revoke or suspend or refuse to renew a

43-35

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

43-36

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

43-37

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

43-38

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

43-39

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

43-40

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

43-41

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

43-42

it’s the director’s decision under this section, and shall include in the notice an indication as to

43-43

whether or not the licensee has appealed the decision.

43-44

     (k) The director board may, in its his or her discretion, order any licensee against whom

43-45

proceedings have been initiated under this chapter to, upon good cause shown, reimburse the

43-46

department and/or board for any and all fees, expenses, and costs incurred by the department

43-47

board in connection with these proceedings, including attorneys fees. The fees shall be paid

43-48

within thirty (30) days from the date they are assessed and may be reviewed in accordance with §

43-49

42-35-15, and shall be deposited as general revenues.

43-50

     (l) The department attorney general or his or her deputy shall make its legal staff

43-51

available to act as legal advisor to the board and shall render any legal assistance that may be