2016 -- S 2866

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LC005153

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ENGINEERS

     Introduced By: Senator Hanna M. Gallo

     Date Introduced: March 31, 2016

     Referred To: Senate Commerce

     (Business Regulation)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 5-8-11, 5-8-12, 5-8-15, 5-8-18, 5-8-20 and 5-8-21 of the General

Laws in Chapter 5-8 entitled "Engineers" are hereby amended to read as follows:

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

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

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

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

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

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

references.

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

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

engineer-in-training, respectively:

      (1) As a professional engineer:

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

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

examinations, issued to him or her by either a proper authority of a state, territory, or possession

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

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

registered without further examination.

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

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

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

qualified.

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

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

approved by the board as being of satisfactory standing, shall be admitted to an examination in

the fundamentals of engineering. Upon passing this examination and obtaining a specific record

of a minimum of four (4) years of experience in engineering work of a grade and character which

indicates to the board that the applicant may be competent to practice engineering, the applicant

may be admitted to an examination in the principles and practice of engineering. The graduate

having a specific record of twelve (12) years or more of experience in engineering work of a

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

engineering, shall be admitted to an examination in the principles and practice of engineering.

Upon passing that examination, the applicant shall be granted a certificate of registration to

practice engineering in this state, provided he or she is qualified.

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

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

those approved by the board as being of satisfactory standing shall be admitted to an examination

in the fundamentals of engineering. Upon passing this examination and obtaining a specific

record of a minimum of four (4) years of experience in engineering work of a grade and character

which indicates to the board that the applicant may be competent to practice engineering, the

applicant may be admitted to an examination in the principles and practice of engineering. Upon

passing these examinations, the applicant shall be granted a certificate of registration to practice

engineering in this state, provided he or she is qualified.

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

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

experience.

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

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

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

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

applicant is qualified for certification as an engineer in training:

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

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curriculum of four (4) years or more who has passed the board's examination in the fundamentals

of engineering shall be certified or enrolled as an engineer-in-training, if he or she is qualified.

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

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

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

experience of a grade and character approved by the board shall be certified and enrolled as an

engineer in training, if he or she is qualified.

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

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

     5-8-12. Form of application for registration or certification -- Registration,

certification, and enrollment fees. -- (a) Application for registration as a professional engineer

or land surveyor or certification as an engineer-in-training shall:

      (1) Be on a form prescribed and furnished by the board; and

      (2) Contain statements made under oath, showing the applicant's education and a

detailed summary of his or her technical experience, and Establish compliance with the licensing

requirements pursuant to §5-8-11.

      (3) Contain references as prescribed in § 5-8-11, none of whom may be members of the

board.

      (b) The application and reexamination fees for professional engineers shall be set by the

board in an amount to cover the charges and expenses of examination and scoring, and shall

accompany the application.

      (c) The fee for engineer-in-training certification or enrollment shall be set by the board

in an amount to cover the charges and expenses of examination and scoring, and shall accompany

the application.

      (d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall

be retained as an application fee.

     5-8-15. Expiration and renewal of certificates of registration. -- (a) Certificates of

registration shall expire on the last day of the month of June following their issuance and become

invalid after that date unless renewed. It is the duty of the board to notify every person registered

under this chapter of the date of the expiration of his or her certificate, and the amount of the fee

required for its renewal. The notice shall be mailed delivered, electronically or otherwise to the

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

expiration of the certificate.

      (b) Renewal may be effected at any time prior to or during the month of June by the

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payment of a fee set by the board in an amount not less than one hundred fifty dollars ($150), but

not to exceed one hundred eighty dollars ($180). Renewal of an expired certificate may be

effected within a period of three (3) years, provided evidence is submitted to the board attesting

to the continued competence and good character of the applicant. In the event renewal is not

made before the end of the third year, the board may require any reexamination that it deems

appropriate. The amount to be paid for that renewal is the annual fee set by the board in an

amount not to exceed one hundred eighty dollars ($180) times the number of years the applicant

has been delinquent, plus a penalty of sixty dollars ($60.00) per delinquent year.

     5-8-18. Suspension and revocation of certificates -- Complaints -- Hearings. -- (a)

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

upon recommendation of the board:

     (1) suspend, revoke, or take other permitted action with respect to any certificate of

registration;

     (2) revoke, suspend or take other permitted action with respect to any certificate of

authorization;

     (3) publicly censure, or reprimand or censure in writing;

     (4) limit the scope of practice of;

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

each violation;

     (6) place on probation; and/or

     (7) for good cause shown order a reimbursement of the department for all fees, expenses,

costs, and attorneys fees in connection with the proceedings, which amounts shall be deposited as

general revenues; all with or without terms, conditions or limitations, holders of a certificate of

registration or a certificate of authorization, referred to as licensee(s), for any one or more of the

causes set out in subsection (b) of this section.

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

following causes:

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

certificate of authorization;

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

laws of that state or country or jurisdiction;

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

conduct established by the board and approved by the director;

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

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practice of engineering;

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

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

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

before any other country or jurisdiction;

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

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

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

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

the federal government;

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

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

by the department and/or board;

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

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

and

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

other conduct discreditable to the engineering profession.

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

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

persons making them and filed with the board.

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

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

within six (6) months following resolution of similar charges that have been brought against a

registrant who is before another regulatory body.

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

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

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

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

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

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

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

acting as the prosecuting agent before the director.

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

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of sustaining the charges, the director may in his or her discretion suspend, revoke, or take other

permitted action with respect to the certificate of registration or certificate of authorization, or

publicly censure the licensee, or take any other action and/or order any other penalty permitted by

this section. The department, for reasons it deems sufficient, may reissue a certificate of

registration or certificate of authorization or renewal to any person or firm whose certificate has

been revoked.

      (g) The board or the department may on its own motion investigate the conduct of an

applicant, engineer, sole proprietorship, partnership, limited liability partnership, corporation,

limited liability company or individual.

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

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

under this chapter and/or chapter 5-84.

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

shall:

     (1) practice or offer to practice engineering in this state;

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

competent to practice engineering in this state;

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

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

engineering in this state; or

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

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

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

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

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

limited liability company shall:

     (1) practice or offer to practice engineering in this state;

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

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

engineering in this state;

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

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

engineering in this state; or

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

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entity is an engineering firm or is competent to practice engineering in this state; unless that sole

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

complies with the requirements of this chapter.

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

corporation or limited liability company which who:

     (1) violates subsection (a) or (b) of this section;

     (2) presents or attempts to use the certificate of registration/authorization registration of

another;

     (3) gives any false or forged evidence of any kind to the department, board or to any

member or employee thereof in obtaining or attempting to obtain a certificate of

registration/authorization registration;

     (4) falsely impersonates any other registrant whether of a like or different name;

     (5) uses or attempts to use an expired, revoked, or nonexistent certificate of

registration/authorization registration;

     (6) falsely claims to be registered under this chapter; or

     (7) otherwise violates any provision of this chapter; is guilty of a misdemeanor, and upon

conviction by a court of competent jurisdiction shall be sentenced to pay a fine of not more than

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

($1,000) nor more than two thousand dollars ($2,000) for each subsequent offense, or

imprisonment for not more than one year, or both; and in the court's discretion and upon good

cause shown reimburse the department for any and all fees, expenses, and costs incurred by the

board in connection with the proceedings, including attorneys fees, which amount shall be

deposited as general revenues; and be subject to, in the director's discretion, public censure or

reprimand.

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

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

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

shall not be required to prove that an adequate remedy at law does not exist, or that substantial or

irreparable damage would result from continued violations. The superior court, in its discretion

and in addition to any injunctive relief granted to the department, may order that any person or

entity in violation of this section shall:

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

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

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

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

provisions.

      (f) The department shall make its legal staff available to act as legal adviser to the board

and render any legal assistance that is necessary in carrying out the provisions of this chapter. The

director may employ counsel and necessary assistance to aid in the enforcement of this chapter,

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

     5-8-21. Exemptions. -- This chapter shall not be construed to prevent or to affect:

      (1) Temporary certificates of registration.

      (i) Nonresidents. - The practice or offer to practice of engineering by a person not a

resident of or having no established place of business in this state, when that practice does not

exceed in the aggregate more than thirty (30) days in any calendar year; provided, the person is

legally qualified by registration to practice engineering, as defined in § 5-8-2(f), in his or her own

state or country. The person shall make application to the board, in writing, and after payment of

a fee set by the board in an amount not to exceed two hundred dollars ($200) may be granted a

written temporary certificate of registration for a definite period of time to do a specific job;

provided, no right to practice engineering accrues to an applicant as to any work not prescribed in

the temporary certificate.

      (ii) Recent arrivals in state. - The practice of a person not a resident of and having no

established place of business in this state, or who has recently become a resident of the state,

practicing or offering to practice engineering in the state for more than thirty (30) days in any

calendar year, if he or she has filed with the board an application for a certificate of registration

and has paid the fee required by this chapter; provided, that the person is legally qualified by

registration to practice engineering in his or her own state or country. That practice shall continue

only for the time that the board requires for the consideration of the application for registration.

      (2) Employees and subordinates. - The work of an employee or a subordinate of a person

holding a certificate of registration under this chapter, or an employee of a person practicing

lawfully under paragraph (1)(ii) of this section; provided, that work does not include final

engineering designs or decisions and is done under the direct supervision of or checked by a

person holding a certificate of registration under this chapter or a person practicing lawfully under

subdivision (1) of this section.

      (3) Partnership, limited liability partnership, corporate and limited liability company

practice. - The practice or offer to practice of engineering as defined by this chapter by individual

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registered professional engineers through a partnership, limited liability partnership, corporation,

joint stock company, or limited liability company, or by a partnership, limited liability

partnership, corporation, limited liability company, or joint stock company, through individual

registered professional engineers as agents, employees, officers, or partners or members or

managers, provided, that they are jointly and severally liable for their professional acts; and

provided, that all personnel of that partnership, limited liability partnership, joint stock company,

corporation or limited liability company who act in its behalf as engineers in the state are

registered under this chapter or are persons practicing lawfully or are exempt under subdivision

(2) or (3) of this section. Each partnership, limited liability partnership, joint stock company,

corporation or limited liability company providing engineering services is jointly and severally

liable with the individually registered professional engineers, and all final plans, designs,

drawings, specifications, and reports involving engineering judgment and discretion, when issued,

shall be dated and bear the seals and signatures of the engineers who prepared them.

      (4) Federal employees. - The practice by officers and employees of the government of

the United States while engaged within this state in the practice of engineering for that

government; provided, that no right to practice engineering accrues to those persons as to any

other engineering work. The rights to registration after leaving government employment shall not

be granted except under the provisions established under § 5-8-11.

      (5) Railroad, telephone, telegraph, and other public utility companies. - The practice of

engineering, as prescribed in this chapter, by railroad, telephone, telegraph, and other public

utility companies, and their officers and employees while engaged in the work of those

companies in this state; provided, that the practice is carried on under the responsible charge of an

engineer or engineers in this state, or in any other state under requirements equivalent to those

prescribed in this chapter; and provided, that no right to practice engineering accrues to any

unregistered person as to any other engineering work.

      (6) Manufacturing corporations. - The practice of engineering, as prescribed in this

chapter, by manufacturing corporations, and their officers and employees while engaged in

manufacturing, research and development activities for those corporations.

      (7) Research and development corporations. - The practice of engineering, as prescribed

in this chapter, by research and development corporations, and their officers and employees while

engaged in research and development activities for that corporation.

      (8) Other professions. - The practice of architecture, landscape architecture, or land

surveying.

     SECTION 2. Sections 5-8.1-2, 5-8.1-8, 5-8.1-10, 5-8.1-13, 5-8.1-15 and 5-8.1-17 of the

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General Laws in Chapter 5-8.1 entitled "Land Surveyors" are hereby amended to read as follows:

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

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

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

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

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

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

board approves.

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

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

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

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

chapter.

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

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

registration accompanied by the required examination fee.

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

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

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

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

supervision of a professional land surveyor.

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

an examination in the fundamentals of land surveying.

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

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

than twenty (20) hours of labor per week.

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

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

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

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

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

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

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

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

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note records and property descriptions that represent these surveys.

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

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

a professional land surveyor.

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

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

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

registered.

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

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

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

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

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

this section.

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

the board of professional land surveyors.

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

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

stamp legal descriptions final drawings, specifications, and reports.

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

academic quality and content to satisfy the board.

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

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

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

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

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

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

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

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

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

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

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

designee.

     5-8.1-8. Board of registration for professional land surveyors -- Records and

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reports. -- (a) The board of land surveyors shall keep a record of its proceedings and of all

applications for registration, which applications shall show:

      (1) Name, date of birth, and last known address of each applicant;

      (2) Date of the application;

      (3) The last known place of business of the applicant;

      (4) The education, experience, and other qualifications of the applicant;

      (5) The type of examination administered;

      (6) Whether or not the applicant was accepted or rejected;

      (7) Whether or not a certificate of registration was granted;

      (8) The date of action of the board; and

      (9) Any other information that the board deems appropriate.

      (b) Board records and papers of the following classes are of a confidential nature and are

not public records:

      (1) Examination material for examinations not yet given;

      (2) File records of examination problem solutions;

      (3) Letters of inquiry and references concerning applicants;

      (4) Completed board inquiry forms concerning applicants;

      (5) Investigatory files where any investigation is still pending; and

      (6) All other materials of like nature.

      (c) The record of the board of land surveyors is prima facie evidence of the proceedings

of the board and a certified transcript by the board is admissible in evidence with the same force

and effect as if the original were produced.

      (d) A complete roster showing the names and last-known addresses of all registered

professional land surveyors and surveyors in training and any sole proprietorship, partnership,

limited-liability partnership, corporation or limited-liability company receiving a certificate of

authorization shall be available on the board's website.

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

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

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

registered as a professional land surveyor under this chapter.

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

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

chapter.

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

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

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

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

certificate of registration shall:

      (1) Carry the designation "professional land surveyor";

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

      (3) Have a serial number; and

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

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

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

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

unrevoked or unexpired.

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

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

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

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

mailed delivered, electronically or otherwise to the registrant at his or her last known address at

least one month in advance of the date of the expiration of that certificate and it is the

responsibility of each person registered under this chapter to renew his or her certificate of

registration prior to its expiration. Renewal may be effected at any time prior to or during the

month of June of each odd-numbered year (meaning biennially) commencing in year 2003

(provided, that any said renewal shall be post-marked no later than June 30th in that year in order

to be valid), or at any other time that the law provides for, by the payment of the fee required by

this chapter. Renewal of an expired certificate may be effected, with the director's approval,

within a period of four (4) years, provided, that evidence is submitted to the board of land

surveyors attesting to the continued competence and good character of the applicant. The amount

to be paid for the renewal of a certificate after the date of expiration shall be double the regular

fee. In the event renewal is not made before the end of the second year, the board of land

surveyors may require any re-examination that it deems appropriate and the amount to be paid for

the renewal shall be as stated in this section.

      (f) Lapsed certificates. - Any registrant who allows his or her certificate of registration to

lapse for more than four (4) years shall reapply for registration in accordance with the

requirements stated in § 5-8.1-9.

      (g) Any party aggrieved by the board's decision regarding license issuance or renewal

LC005153 - Page 13 of 31

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

request for a formal hearing to be conducted in accordance with the provisions of § 5-8.1-15.

     5-8.1-13. Board of registration for professional land surveyors -- Permitted

practices. -- (a) Exemption clause. - This chapter shall not be construed to prevent or to affect:

      (1) Employees and subordinates. - The work of an employee or subordinate of a person

holding a certificate of registration under this chapter; provided, that the work does not include

final land surveying work or decisions and is done under the direct supervision of, or checked by,

a person holding a certificate of registration issued under this chapter.

      (2) Federal employees. - The practice by officers and employees of the government of

the United States while engaged within this state in the practice of land surveying for the

government on property owned by the federal government; provided, that no right to practice land

surveying accrues to those persons as to any other land surveying work. The right to registration

after government employment shall not be granted except under the provisions prescribed under §

5-8.1-11.

      (3) Other professions. - The practice of engineering, architecture, or landscape

architecture.

      (b) Sole proprietorship, partnership, limited liability partnership, corporate and limited

liability company practice.

      (1) The practice or offer to practice land surveying as defined by this chapter by sole

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

subsequently referred to as the "firm", through individuals is permitted; provided, that the

individuals are in direct control of that practice; exercise personal supervision of all personnel

who act in behalf of the firm in professional and technical matters; and are registered under the

provisions of this chapter; and provided, that the firm has been issued a certificate of

authorization by the board of land surveyors.

      (2) Within one year after the enactment of this chapter [July 12, 1990] every firm must

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

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

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

authorization shall be issued by the board upon satisfaction of the provisions of this chapter and

the payment of an annual fee not to exceed sixty dollars ($60).

      (3) It is the intent of the board of registration to establish that the professional land

surveyor is responsible for land surveying services.

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

LC005153 - Page 14 of 31

application for the certificate on a form provided by the board. A separate form provided by the

board shall be filed with each renewal of the certificate of authorization and within thirty (30)

days of the time any information previously filed with the board has changed, is no longer true or

valid, or has been revised for any reason. If, in its judgment, the information contained on the

application and renewal form is satisfactory and complete, the board shall issue a certificate of

authorization for the firm to practice land surveying in this state.

      (5) No firm that has been granted a certificate of authorization by the board of land

surveyors is relieved of responsibility for the conduct or acts of its agents, employees, partners (if

a partnership or a limited liability partnership), officers or directors (if a corporation), or members

or managers (if a limited liability company) because of its compliance with the provisions of this

section. No individual practicing land surveying under the provisions of this chapter is relieved of

responsibility for land surveying services performed by reason of his or her employment or other

relationship with a firm holding a certificate of authorization as subsequently described. In the

event of unexpected death, retirement, dismissal or any other occasion where an entity has one

person who is a registered land surveyor, and that person no longer can continue in the operation

of the entity, then the board of registration may waive certain requirements for a certificate of

authorization, for a period of not longer than forty-five (45) days, provided that the entity retains

a person who is a registered professional land surveyor to review and pursue the duties of

surveying that are required under this chapter.

      (6) A land surveyor may not, for the purposes of this section, be designated as being in

responsible charge on more than two (2) certificates of authorization.

      (7) Certificates of authorization shall be treated for all purposes hereunder, including, but

not limited to, renewal, expiration and lapsing, as previously provided for certificates of

registration in section 5-8.1-10; provided, however, that renewal may be effected at any time

prior to or during the month of June of each even-numbered year (meaning biennially)

commencing in year 2004.

      (8) Limited liability partnerships, corporations and limited liability companies shall

submit a copy of their articles of incorporation, articles of organization or certificate of

registration in order to obtain a certificate of authorization from the board of land surveyors.

      (9) Corporations other than those organized under chapter 5.1 of title 7, partnerships and

sole proprietorships practicing in this state prior to July 12, 1990, shall fully comply with the

provisions of this section within one year of that date.

      (10) Effective one year from July 1, 1990, the secretary of state shall not issue a

certificate of incorporation or certificate of organization or certificate of registration to any

LC005153 - Page 15 of 31

applicant, or a registration as a foreign corporation, limited liability partnership or limited liability

company, to any firm, which includes among the objectives for which it is being established any

of the words "surveyor", "surveying" or any modification or derivation of those words, unless the

board of land surveyors has issued for the applicant a certificate of authorization or a letter

indicating the eligibility of the applicant to receive the certificate. The firm applying shall supply

the certificate or letter from the board with its application for incorporation or registration as a

foreign corporation, limited liability partnership or limited liability company.

      (c) Land surveyor previously registered. - Each land surveyor holding a certificate of

registration and each land surveyor-in-training under the laws of this state as previously in effect

shall be deemed registered as a land surveyor or land surveyor-in-training as appropriate under

this chapter.

      (d) This section does not exempt the political subdivisions of the state, such as county,

city, or town, or legally constituted boards, districts, or commissions, from obtaining a certificate

of authorization from the board of registration when applicable.

     5-8.1-15. Board of registration for professional land surveyors -- Disciplinary

actions. -- (a) Revocation, suspension, and censure. - After notice and a hearing as provided in

this section, the director may in his or her discretion or upon recommendation of the board:

     (1) suspend, revoke, or take other permitted action with respect to any certificate of

registration;

     (2) revoke, suspend or take other permitted action with respect to any certificate of

authorization;

     (3) publicly censure, or reprimand or censure in writing;

     (4) limit the scope of practice of;

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

violation;

     (6) place on probation; and/or

     (7) for good cause shown order a reimbursement of the department for all fees, expenses,

costs, and attorneys' fees in connection with the proceedings, which amounts shall deposited as

general revenues; all with or without terms, conditions or limitations, holders of a certificate of

registration or a certificate of authorization, hereafter referred to as registrant(s), for any one or

more of the causes set out in subsection (b) of this section.

      (b) Grounds. - The director may take actions specified in subsection (a) of this section

for any of the following causes:

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

LC005153 - Page 16 of 31

certificate of authorization;

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

laws of that state, country, or jurisdiction;

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

conduct established by the board and approved by the director;

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

practice of land surveying;

      (5) Use of a land surveyor's stamp in violation of § 5-8.1-12;

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

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

before any other country or jurisdiction;

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

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

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

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

state or of the federal government;

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

thereof in a reasonable time such information as may be legally requested by the department

and/or board;

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

conduct reflecting adversely upon the registrant's fitness to engage in the practice of land

surveying; and

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

other conduct discreditable to the land surveying profession.

      (c) Procedures.

      (1) Any person may prefer charges of fraud, deceit, gross negligence, incompetence, or

misconduct against any applicant or registrant. In addition, the department or board may, on its

own motion, investigate the conduct of an applicant or registrant of the board, and may in

appropriate cases file a written statement of charges with the secretary of the board. The charges

shall be in writing and shall be sworn to by the person or persons making them and shall be filed

with the board of land surveyors. All charges, unless dismissed by the director as unfounded or

trivial, shall be heard by the director within three (3) months after the date on which they were

referred.

      (2) The time and place for the hearing shall be fixed by the department, and a copy of the

LC005153 - Page 17 of 31

charges, together with a notice of the time and place of the hearing, shall be personally served on

or mailed to the last known address of the registrant at least thirty (30) days before the date fixed

for the hearing. At any hearing, the accused registrant or applicant has the right to appear

personally and/or by counsel, to cross examine witnesses appearing against him or her, and to

produce evidence and witnesses in his or her defense.

      (3) If, after the hearing, the charges are sustained, the director, on his or her own motion

or upon recommendation of the board of land surveyors, may in his or her discretion suspend,

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

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

penalty permitted by this section.

      (4) The director may, at his or her discretion, reissue a certificate of registration or

certificate of authorization or renewal to any person or firm denied registration under this section

or upon presentation of satisfactory evidence of reform and/or redress.

      (5) The board may participate in hearings before the director through representation by

the department's legal staff acting as the prosecuting agent before the director.

      (d) Legal counsel. - The department shall make its legal staff available to act as legal

advisor to the board and to render any legal assistance that is necessary in carrying out the

provisions of this chapter. The director may employ other counsel and necessary assistance to aid

in the enforcement of this chapter, and their compensation and expenses shall be paid from the

funds of the department.

      (e) Nothing in this chapter shall prevent the department and/or board of land surveyors

from charging one or both parties a fee for the direct costs associated with hearings and

transcripts in accordance with the department's rules of procedure for administrative hearings.

      (f) Nothing in this chapter shall prevent the board from entering into consent agreements

or informal resolutions with any party under investigation for violations under this chapter and/or

chapter 5-84.

     5-8.1-17. Board of registration for professional land surveyors -- Violations and

penalties -- Injunctions. -- (a) No individual shall:

     (1) practice or offer to practice land surveying in this state;

     (2) use any title, sign, card, or device implying that the individual is a land surveyor or is

competent to practice land surveying in this state;

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

or tending to convey the impression that the individual is a land surveyor or is competent to

practice land surveying in this state; or

LC005153 - Page 18 of 31

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

individual is a land surveyor or is competent to practice land surveying in this state; unless that

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

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

      (b) It shall be the duty of all duly constituted officers of this state and all political

subdivisions of the state to enforce the provisions of this chapter and to prosecute any persons

violating those provisions.

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

limited liability company shall:

     (1) practice or offer to practice land surveying in this state;

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

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

surveying in this state;

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

tending to convey the impression that the entity is a land surveying firm or is competent to

practice land surveying in this state; or

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

entity is a land surveying firm or is competent to practice land surveying in this state; unless that

sole proprietorship, partnership, limited liability partnership, corporation or limited liability

company complies with the requirements of this chapter.

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

corporation or limited liability company which who knowingly and willfully:

     (1) violates subsection (a) or (c) of this section;

     (2) presents or attempts to use the certificate of registration/authorization registration of

another;

     (3) gives any false or forged evidence of any kind to the department and/or board or to

any member of the board in obtaining or attempting to obtain a certificate of

registration/authorization registration;

     (4) falsely impersonates any other registrant whether of a like or different name;

     (5) uses or attempts to use an expired, revoked, or nonexistent certificate of

registration/authorization registration;

     (6) falsely claims to be registered under this chapter; or

     (7) otherwise violates any provision of this chapter; shall be guilty of a misdemeanor and,

upon conviction by a court of competent jurisdiction, shall be sentenced to pay a fine of not more

LC005153 - Page 19 of 31

than four thousand dollars ($4,000) for the first offense and a fine of not less than four thousand

dollars ($4,000) nor more than ten thousand dollars ($10,000) for each subsequent offense, or

imprisonment for not more than one year, or both; in the court's discretion and upon good cause

shown reimburse the department and/or board for any and all fees, expenses, and costs incurred

by the department and/or board in connection with the proceedings, including attorneys' fees,

which amounts shall be deposited as general revenues; and be subject to, in the board's discretion,

public censure or reprimand.

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

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

subsection (a) or (c) of this section or violations of § 5-8.1-1. In injunction proceedings, the

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

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

and in addition to any injunctive relief granted to the department, may order that any person or

entity in violation of this section shall:

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

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

attorneys fees, which amounts shall be deposited as general revenues; and/or

      (2) Be subject to public censure or reprimand.

     SECTION 3. Sections 5-51-9, 5-51-13, 5-51-14, 5-51-16, 5-51-17 and 5-51-17.1 of the

General Laws in Chapter 5-51 entitled "Rhode Island State Board of Examiners of Landscape

Architects" are hereby amended to read as follows:

     5-51-9. Annual renewal of licenses and certificates of authorization. -- (a) (1) Every

license shall be valid for a period of two (2) years and shall expire on the last day of June of each

odd numbered year following its issuance. Every certificate of authorization shall be valid for a

period of two (2) years and shall expire on the last day of June of each even numbered year

following its issuance. A license or certificate of authorization may be renewed by paying the

renewal fee required by § 5-51-14. A landscape architect who fails to renew his or her license

prior to each June 30, may not thereafter renew his or her license except upon payment of the

renewal fee and the additional fee(s) required by § 5-51-14. A landscape architectural firm, which

fails to renew its certificate of authorization prior to each June 30, may not thereafter renew its

certificate of authorization except upon payment of the renewal fee and the additional fee(s)

required in § 5-51-14. The certificates of authorization shall be issued by the board, with the

assistance of the department, indicating the sole proprietorship, partnership, limited liability

partnership, corporation, or limited liability company named in it is permitted to practice

LC005153 - Page 20 of 31

landscape architecture in this state. A license or certificate of authorization shall not be renewed

until the renewal fee is received by the board.

      (2) Licenses and certificates of authorization not renewed by the payment of the renewal

fee prior to each June 30, shall be construed to be expired, and shall require an application for

reinstatement.

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

and regulations for continuing education requirements and other recertification procedures as the

board deems necessary.

      (c) The board may require all applicants for renewal to provide the board with any

information, including but not limited to, a brief outline setting forth the professional activities of

any applicant during a period in which a license or certificate of authorization has lapsed and

other evidence of the continued competence and good character of the applicant, that the board

deems necessary.

      (d) Any party aggrieved by the board's decision regarding license renewal may, within

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

a formal hearing to be conducted in accordance with the provisions of § 5-51-17.1.

     5-51-13. Partnerships, limited liability partnerships, corporations, and limited

liability companies. -- (a) Partnerships, limited liability partnerships, corporations and limited

liability companies may not be licensed as registered to practice landscape architecture or to use

any form of the title "landscape architect" in connection with the corporate or partnership

company name unless authorized by this chapter.

      (b) (1) The right to engage in the practice of landscape architecture shall be a personal

right, based upon the qualifications of the individual evidenced by his or her license and shall not

be transferable.

      (2) No person shall practice landscape architecture, or use the title "landscape architect",

or any title, sign, card, or device to indicate that this person is practicing landscape architecture,

or is a landscape architect, unless that person has secured from the board a license in the provided

manner.

      (3) All final drawings, specifications, plans, reports, or other papers or documents

involving the practice of landscape architecture, as defined in § 5-51-1, for use in this state shall

be dated, and shall bear the signature and seal of the landscape architect or landscape architects

who prepared or personally supervised their preparation.

      (c) The practice or offer to practice landscape architecture as defined by this chapter by a

sole proprietorship, partnership, limited liability partnership, corporation, or limited liability

LC005153 - Page 21 of 31

company (hereafter "the firm"), through one or more landscape architects license under the

provisions of this chapter, shall be permitted; provided, that those licensed landscape architect(s):

     (1) shall be in direct control of the practice;

     (2) shall exercise personal supervision of all personnel who act on behalf of the firm in

professional and technical matters;

     (3) are registered under the provisions of this chapter; and (4) the firm has been issued a

certificate of authorization by the board of examiners of landscape architects.

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

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

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

and technical matters, must be registered with the board.

      (2) The certificate of authorization shall be issued by the board upon satisfaction of the

provisions of this chapter and the payment of the required fee. This fee shall be waived if the firm

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

      (e) (1) Every firm desiring a certificate of authorization must file with the board an

application on a form provided by the board. Every certificate of authorization shall be valid for a

period of two (2) years and shall expire on the last day of June of each even numbered year

following its issuance.

      (2) A separate form provided by the board shall be filed with each renewal of the

certificate of authorization. In addition, each firm shall complete a renewal form within thirty (30)

days of the time any information previously filed with the board has changed, is no longer true or

valid, or has been revised for any reason.

      (3) If, in its judgment, the information contained on the application and renewal form is

satisfactory and complete, the board shall issue a certificate of authorization for the firm to

practice landscape architecture in this state.

     5-51-14. Fees. -- The following is the schedule of fees to be charged by the board:

      (1) The fees to be paid by an applicant for examination or reexamination to determine his

or her fitness to receive a certificate of registration shall be determined by the board so as to cover

expenses associated with administering and evaluating the examination or reexamination.

      (2) The fee to be paid for the restoration of an expired certificate of registration shall not

exceed one hundred fifty dollars ($150) for every year, or portion of a year, the applicant has

been delinquent, plus a penalty of twenty-five dollars ($25.00).

      (3) The fee to be paid upon the renewal of a certificate of registration shall not exceed

one hundred fifty dollars ($150).

LC005153 - Page 22 of 31

      (4) The fee to be paid by an applicant for a certificate of registration who is a landscape

architect registered or licensed under the laws of another state under § 5-51-7, shall not exceed

one hundred eighty dollars ($180).

      (5) The fee to be paid by an applicant for a certificate of registration who qualifies and is

a resident of this state is thirty-six dollars ($36.00).

      (6) The initial fee for a certificate of authorization shall not exceed one hundred fifty

dollars ($150).

      (7) The annual renewal fee for a certificate of authorization is sixty dollars ($60.00).

      (8) The fee to be paid for the reinstatement of an expired certificate of authorization is

sixty dollars ($60.00) for every year or portion of a year the applicant has been delinquent, plus a

penalty of twenty-five dollars ($25.00).

      (9) All fees received by the board shall be deposited as general revenues.

     5-51-16. Penalty for violations-Injunctive relief. -- (a) No individual shall: (1) practice

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

implying that the individual is a landscape architect or is competent to practice landscape

architecture in this state; or (3) use in connection with his or her name or otherwise any title or

description conveying or tending to convey the impression that the individual is a landscape

architect or is competent to practice landscape architecture in this state; or (4) use or display any

words, letters, seals, or advertisements indicating that the individual is a landscape architect or is

competent to practice landscape architecture in this state, unless that individual holds a current

valid license issued pursuant to this chapter or is specifically exempted from holding a license

under the provisions of this chapter.

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

limited liability company shall:

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

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

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

landscape architecture in this state;

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

tending to convey the impression that the entity is a landscape architectural firm or is competent

to practice landscape architecture in this state; or

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

entity is a landscape architectural firm or is competent to practice landscape architecture in this

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

LC005153 - Page 23 of 31

limited liability company complies with the requirements of this chapter.

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

corporation or limited liability company which who:

     (1) violates subsection (a) or (b) of this section;

     (2) presents or attempts to use the license/certificate of authorization license of another;

     (3) gives any false or forged evidence of any kind to the department and/or board or to

any member or employee thereof in obtaining or attempting to obtain a license/certificate of

authorization license;

     (4) falsely impersonates any other registration whether of a like or different name;

     (5) uses or attempts to use an expired, revoked, or nonexistent license/certificate of

authorization license;

     (6) falsely claims to be registered under this chapter; or

     (7) otherwise violates any provision of this chapter, shall upon determination thereof by a

court of competent jurisdiction, be subject to a civil penalty of one thousand dollars ($1,000) for

the first offense, and a civil penalty of two thousand dollars ($2,000) for each subsequent offense;

and in the court's discretion and upon good cause shown, reimburse the department for any and

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

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

and be subject to, in the board's discretion, public censure or reprimand.

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

director shall have the power to institute injunction proceedings in superior court to prevent

violations of subsection (a) or (b) of this section and/or for violations of § 5-51-3. In injunction

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

exist, or that substantial or irreparable damage would result from continued violations. The

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

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

     (i) upon good cause shown, reimburse the department for any and all fees, expenses, and

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

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

     (ii) be subject to public censure or reprimand.

     5-51-17. Revocation or suspension of licenses or certificates of authorization. -- After

notice and a hearing as provided in § 5-51-17.1, the director may in his or her discretion or upon

recommendation of the board: suspend, revoke, or take other permitted action with respect to any

license; and/or revoke, suspend or take other permitted action with respect to any certificate of

LC005153 - Page 24 of 31

authorization; and/or publicly censure, or reprimand or censure in writing; and/or limit the scope

of practice of; and/or impose an administrative fine upon (not to exceed one thousand dollars

($1,000) for each violation); and/or place on probation; and/or for good cause shown, order a

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

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

terms, conditions or limitations, holders of a license or certificate of authorization, (hereafter

referred to as licensee(s)), for any one or more of the following causes:

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

authorization;

      (2) Practicing landscape architecture in another state or country or jurisdiction in

violation of the laws of that state or country or jurisdiction;

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

professional conduct established by the board and approved by the director;

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

practice of landscape architecture;

      (5) Use of a landscape architect's stamp in violation of § 5-51-11;

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

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

state or before any other country or jurisdiction;

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

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

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

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

the federal government;

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

the board in a reasonable time the information that may be legally requested by the department

and/or board;

      (10) In conjunction with any violation of subdivisions (1) through (9) of this section, any

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

architecture; and

      (11) In conjunction with any violation of subdivisions (1) through (9) of this section, any

other conduct discreditable to the landscape architectural profession.

     5-51-17.1. Initiation of proceedings -- Hearings before the board -- Appeals -- Notice

to other states. -- (a) The director may initiate proceedings under this chapter against holders of a

LC005153 - Page 25 of 31

license and/or certificate of authorization (hereafter referred to as licensee(s)) either on his or her

own motion, upon recommendation of the board, on complaint of any person, or upon receiving

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

another country or jurisdiction of its decision to:

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

that country or jurisdiction to the licensee; or

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

administrative fine upon, or place on probation the licensee.

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

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

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

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

licensee last known to the board.

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

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

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

evidence. An order shall be final unless the licensee petitions for a review of the order as

provided in this section. Within thirty (30) days from the date of any order, upon a showing of

good cause for failing to appear and defend, the director may reopen the proceedings and may

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

      (d) At any hearing under this section, the licensee may:

     (1) appear in person or be represented by counsel;

     (2) produce evidence and witnesses on his, her, or its behalf;

     (3) cross-examine witnesses; and

     (4) examine any evidence that might be produced. A sole proprietorship may be

represented by counsel before the board or department, or by the sole proprietor. A partnership or

limited liability partnership may be represented before the board or department by counsel or any

partner. A corporation may be represented by counsel before the board or department, or any

shareholder, officer or director of the corporation. A limited liability company may be

represented before the board or department by counsel or any member or manager of the limited

liability company. The licensee shall be entitled, upon written application to the department, to

the issuance of subpoenas to compel the attendance of witnesses on the licensee's behalf.

      (e) The director may issue subpoenas to compel the attendance of witnesses and the

production of documents and may administer oaths, take testimony, hear proofs and receive

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exhibits in evidence in connection with or upon hearing under this chapter. In case of

disobedience to a subpoena, the director may petition the superior court to require the attendance

and testimony of witnesses and the production of documentary evidence.

      (f) The director shall not be bound by strict rules of procedure or by laws of evidence in

the conduct of its proceedings, but any determination of the board shall be based upon sufficient

legal evidence to sustain the determination.

      (g) Recordings of all hearings under this section shall be in accordance with the rules and

regulations established by the department's rules of procedure for administrative hearings.

      (h) The board may participate in formal proceedings before the director through

representation by the department's legal staff acting as the prosecuting agent before the director.

      (i) Any appeal from the decision of the department, by a person or persons adversely

affected by the decision, shall be governed by § 42-35-15.

      (j) On the director rendering a decision to:

     (1) revoke or suspend a license issued under the laws of this state; or

     (2) revoke or suspend a certificate of authorization issued under the laws of this state; or

     (3) publicly censure, censure in writing, limit the scope of practice of, impose an

administrative fine upon, or place on probation a licensee, the board shall examine its records to

determine whether the licensee holds a license or a certificate of authorization to practice in any

other state or country or jurisdiction. If the board determines that the licensee in fact holds a

license or certificate of authorization, the board shall immediately notify the board of landscape

architecture of the other state or country or jurisdiction by mail of the director's decision under

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

appealed the decision.

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

proceedings have been initiated under this chapter to, upon good cause shown, reimburse the

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

connection with these proceedings, including attorneys fees. The fees shall be paid within thirty

(30) days from the date they are assessed and may be reviewed in accordance with § 42-35-15,

and shall be deposited as general revenues.

      (l) The department shall make its legal staff available to act as legal advisor to the board

and shall render any legal assistance that may be necessary in carrying out the provisions of this

chapter. The director may employ other counsel and obtain other necessary assistance to be

appointed by the governor to aid in the enforcement of this chapter, and the compensation and

expenses shall be paid from the fund of the department.

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      (m) Nothing herein shall be construed to prevent the board from entering into consent

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

chapter and/or chapter 5-84.

     SECTION 4. Sections 5-84-5 and 5-84-6 of the General Laws in Chapter 5-84 entitled

"Division of Design Professionals" are hereby amended to read as follows:

     5-84-5. Imposition of fines for unregistered activity. -- (a) In addition to any other

provision of law, if a person or business practices or offers to practice architecture, engineering,

land surveying, or landscape architecture in the state without being registered or authorized to

practice as required by law, the boards within the division may recommend that the director of the

department of business regulations issue an order imposing a fine; provided, however, that this

section shall not apply to issues between the boards referred to in subsection (a) of this section as

to the scope of a board registrant's authority to engage in work relating to another board's

jurisdiction or to issues relating to ISDS designers licensed by the department of environmental

management.

      (b) A fine ordered under this section may not exceed two thousand five hundred dollars

($2,500) for each offense. In recommending a fine, the board shall set the amount of the penalty

imposed under this section after taking into account factors, including the seriousness of the

violation, the economic benefit resulting from the violation, the history of violations, and other

matters the board considers appropriate.

      (c) Before recommending that a fine be order under this section, the board shall provide

the person or business written notice and the opportunity to request, with thirty (30) days of

issuance of notice by the board, a hearing on the record.

      (d) A person or business aggrieved by the ordering of a fine under this section may file

an appeal with the superior court for judicial review of the ordering of a fine.

      (e) If a person of business fails to pay the fine within thirty (30) days after entry of an

order under (a) of this section, or if the order is stayed pending an appeal, within ten (10) days

after the court enters a final judgment in favor of the department of an order appealed under (d) of

this section, the director may commence a civil action to recover the amount of the fine.

     5-84-6. Cease and Desist Authority. -- If the director has reason to believe that any

person, firm, corporation, or association is conducting any activity under the jurisdiction of the

division of design professionals including professional engineering, professional land surveying,

architecture, and/or landscape architecture without obtaining a license or registration, or who after

the denial, suspension, or revocation of a license or registration is conducting that business, the

director may, either on his or her own initiative or upon recommendation of the appropriate

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board, issue an order to that person, firm, corporation, or association commanding them to appear

before the department at a hearing to be held not sooner than ten (10) days nor later than twenty

(20) days after issuance of that order to show cause why the director should not issue an order to

that person to cease and desist from the violation of the provisions of this chapter and/or chapters

1, 8, 8.1 and/or 51 of title 5. That order to show cause may be served on any person, firm,

corporation, or association named by any person in the same manner that a summons in a civil

action may be served, or by mailing a copy of the order, certified mail, return receipt requested, to

that person at any address at which that person has done business or at which that person lives. If

during that hearing the director is satisfied that the person is in fact violating any provision of this

chapter, the director may order that person, in writing, to cease and desist from that violation

and/or impose an appropriate fine under § 5-84-5 or other applicable law and/or refer the matter

to the attorney general for appropriate action under chapters 1, 8, 8.1 and/or 51 of title 5. All these

hearings are governed in accordance with the administrative procedures act. If that person fails to

comply with an order of the department after being afforded a hearing, the superior court for

Providence county has jurisdiction upon complaint of the department to restrain and enjoin that

person from violating chapters 1, 8, 8.1, 51 and/or 84 of title 5.

     SECTION 5. Section 5-8-24 of the General Laws in Chapter 5-8 entitled "Engineers" is

hereby repealed.

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

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

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

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

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

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

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

issued a certificate of authorization by the board of engineers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

engineering in this state.

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

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

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

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

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

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

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

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

     SECTION 6. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ENGINEERS

***

     This act would amend statutes governing engineers, land surveyors and landscape

architects (design professionals) to eliminate outmoded, inconsistent and unnecessary regulations

and would bring Rhode Island in line with our neighbors to level the playing field for business.

     This act would take effect upon passage.

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