Chapter
04-063
2004 -- S 2364
Enacted 06/11/04
A N A C T
RELATING TO BUSINESSES AND
PROFESSIONS -- ARCHITECTS, ENGINEERS, LAND SURVEYORS AND LANDSCAPE ARCHITECTS
Introduced By: Senator F
Caprio
Date
Introduced: February 11, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 5-1-2, 5-1-3, 5-1-7, 5-1-8, 5-1-9, 5-1-13.1 and 5-1-15.1 of the
General Laws in Chapter 5-1
entitled "Architects" are hereby amended to read as follows:
5-1-2.
Definitions. -- The following definitions apply in the interpretation
of the
provisions of this chapter, unless
the context requires another meaning:
(1)
"Architect" means any person who engages in the practice of
architecture as that term
is defined in this section as
attested by his or her licensing as an architect in this state.
(2)
"Board" means the board of examination and registration of architects
established by
this chapter.
(3)
"Certificate" means the certificate of registration issued annually
by the board,
indicating that the individual
named in the certificate is an architect.
(4)
"Practice of architecture" means rendering or offering to render
those services,
described as follows:
(i)
Rendering or offering to render services in connection with the design and
construction, enlargement or
alteration of a building or group of buildings and the space within
and surrounding the buildings,
which have as their principal purpose human occupancy or
habitation;
(ii)
The services referred to in this section include, but are not limited to,
planning,
providing preliminary studies,
designs, drawings, specifications, and other technical submissions,
the administration of construction
contracts and the coordination of any elements of technical
submissions prepared by others
including, as appropriate and without limitation, consulting
engineers and landscape architects;
(iii) The practice of architecture does not include the practice of engineering
as defined
in section 5-8-1 et seq., but a
registered architect may perform any engineering work that is
incidental to the practice of
architecture.
(5)
"Certificate of Authorization" means the certificate of authorization
issued by the
board, indicating the corporation,
partnership, or sole proprietorship sole proprietor, partnership,
limited liability partnership,
corporation, or limited liability company named in the certificate is
permitted to practice architecture
in the state.
5-1-3.
Board -- Membership -- Appointments and term. -- (a) There is
established a
board of examination and
registration of architects, composed of five (5) architects. Each member
of the board must be a qualified
elector of this state for three (3) consecutive years prior to
appointment. Each member of the
board shall have engaged in the practice of architecture, as
defined by this chapter, as an
individual practitioner, a general partner of a firm a partner of a
partnership or limited liability
partnership, an officer or director of a corporation, or a member or
manager of a limited liability
company engaged in the practice of
architecture, or an officer or
director of a corporation
engaged in the practice of architecture,
for not less than seven (7) years
prior to his or her appointment.
(b)
Each member of the board is appointed by the governor with the advice and
consent
of the senate, to serve for a term
of five (5) years and until a successor is appointed and qualified.
No member of the board shall be
associated in the practice of architecture, either individually or
as a member of a firm, with any
other member of the board.
(c)
Vacancies occurring in the membership of the board are filled by the governor,
with
the advice and consent of the
senate, for the unexpired portion of the term. A member appointed
for a full term is not eligible for
more than two (2) consecutive terms.
(d)
Each member of the board takes, and subscribes to, the oath of office required
of
state officials generally.
5-1-7.
Practice prohibited -- Criminal penalties -- Injunctions. -- (a) No
individual
shall: (1) practice or offer to
practice architecture in this state; (2) use any title, sign, card, or
device implying that the individual
is an architect or is competent to practice architecture 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 architect or is competent to practice
architecture in this state; or (4)
use or display any words, letters, figures, seals, or advertisements
indicating that the individual is
an architect or is competent to practice architecture in this state,
unless that individual holds a
currently valid certificate issued pursuant to this chapter or is
specifically exempted from holding
a certificate under the provisions of this chapter.
(b)
No sole proprietorship, partnership, or limited liability partnership
corporation, or
limited liability company shall: (1) practice or offer to practice architecture
in this state; (2) use
any title, sign, card, or device
implying that the sole proprietorship, partnership, or limited
liability partnership, corporation, or limited liability company is
competent to practice
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 an architectural firm or is
competent to practice architecture
in this state; or (4) use or display any works, letters, figures,
seals, or advertisements indicating
that the entity is an architectural firm or is competent to
practice architecture in this
state, unless that sole proprietorship, partnership, or limited
liability
partnership, corporation, or limited liability company
complies with the requirements of this
chapter.
(c)
Any individual, sole proprietorship, partnership, or limited
liability partnership,
corporation, or limited
liability company which: (1) violates subsection (a) or (b) of this
section;
(2) presents or attempts to use the
certificate of registration/authorization of another; (3) gives any
false or forged evidence of any
kind to the board or to any member of the board in obtaining or
attempting to obtain a certificate of
registration/authorization; (4) falsely impersonates any other
registrant whether of a like or
different name; (5) uses or attempts to use an expired, revoked, or
nonexistent certificate of
registration/authorization; (6) falsely claims to be registered under this
chapter; or (7) otherwise violates
any provision of this chapter, is guilty of a misdemeanor, and
upon conviction by a court of
competent jurisdiction shall be sentenced to: (i) pay a fine of not
more than one thousand dollars
($1,000) for the first offense and a fine of not less than one
thousand dollars ($1,000) nor more
than two thousand dollars ($2,000) for each subsequent
offense or imprisonment for not
more than one year, or both; and (ii) in the court's discretion and
upon good cause shown, reimburse
the board for any and all fees, expenses, and costs incurred by
the board in connection with the
proceedings, including attorneys fees (which amounts shall be
deposited as general revenues); and
(iii) be subject to, in the board's discretion, public censure or
reprimand.
(d)
The board has the power to institute injunction proceedings in superior court
to
prevent violations of subsection
(a) or (b) or violations of section 5-1-12. In injunction
proceedings, the board is not required
to prove that an adequate remedy at law does not exist, or
that substantial or irreparable
damage would result from continued violations. The superior court,
in its discretion and in addition
to any injunctive relief granted to the board, may order that any
person or entity in violation of
this section shall: (1) upon good cause shown reimburse the board
for any and all fees, expenses, and
costs incurred by the board in connection with the
proceedings, including attorneys
fees (which amounts shall be deposited as general revenues);
and/or (2) be subject to public
censure or reprimand.
5-1-8.
Examination and qualifications of applicants for certificates of registration.
--
(a) Any individual who is at least
twenty-one (21) years of age and a resident of Rhode Island
may apply for a certificate of
registration under this chapter; provided, that the board may waive
the requirement of residency in any
case or category of cases where the board determines that the
applicant is not seeking to avoid
the registration requirements of his or her state or country of
residence.
(b)
Each applicant for a certificate of registration shall submit evidence
satisfactory to
the board that he or she holds a National
Architectural Accrediting Board (NAAB) professional
degree in architecture from an
accredited school and has had any practical experience including
academic training, that the board,
by regulations uniformly applied, deems appropriate. The board
may, in its discretion, adopt as
its standards for minimum experience the guidelines on practical
experience of the National Council
of Architectural Registration Boards.
(c)
Each applicant for a certificate of registration who satisfies subsections (a)
and (b)
shall submit to a registration
examination. The examination shall cover any technical and
professional subjects and shall be
graded on any basis that the board prescribes by regulation.
Results of the examination are
announced within ninety (90) days of the date on which the
examination commenced. The board
may, in its discretion, adopt the examinations and
recommended grading procedures of
the National Council of Architectural Registration Boards.
(d)
The board may require applicants under this section and under section 5-1-9 to
submit to a personal interview.
5-1-9.
Interstate practice. -- A non-resident licensed architect seeking to
practice
architecture in the state of Rhode
Island shall, upon application, obtain a certificate of registration
by submitting evidence satisfactory
to the board that he or she is registered to practice
architecture in another state, and
that he or she has fulfilled the requirements for National Council
of Architectural Registration
Board's certification, and that he or she meets the requirements
prescribed in section 5-1-8.. The board
shall act upon the application for a certificate of
registration within forty-five (45)
days of submission of evidence that the applicant is registered
in that manner.
5-1-13.1.
Initiation of proceedings -- Hearings before the board -- Appeals -- Notice
to other states. -- (a) The board may initiate proceedings under this
chapter against holders of a
certificate of registration and/or
a certificate of authorization (subsequently referred to as
licensee(s)) either on its own
motion, or on complaint of any person, upon a finding of probable
cause by a probable cause committee
appointed by the board pursuant to section 5-1-5, or upon
receiving notification from another
state board of architects or from the appropriate authority in
another country/jurisdiction of its
decision to:
(1)
Revoke, suspend, or refuse to renew the practice privileges granted in that
state or in
that country/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 board 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 board may
proceed to hear evidence against
the licensee and may enter any order that is justified by the
evidence. That order is final
unless the licensee petitions for a review of it as provided in this
section; provided, that within
thirty (30) days from the date of any order, upon a showing of good
cause for failing to appear and
defend, the board may reopen the proceedings and may permit the
licensee to submit evidence in his,
her or on its behalf.
(d)
(1) At any hearing under this section, the licensee may:
(i)
Appear in person or be represented by counsel;
(ii)
Produce evidence and witnesses on his, her, or its behalf;
(iii) Cross examine witnesses; and
(iv)
Examine the evidence that is produced.
(2) A
sole proprietorship may be represented before the board by counsel or by the
sole
proprietor. A partnership or limited liability partnership
may be represented before the board by
counsel or any partner of counsel
the partnership. A corporation may be represented by counsel
before the board or by any
shareholder, officer or director of the corporation. A sole
proprietorship may be
represented by counsel before the board or by the sole proprietor. A
limited liability company may be
represented before the board by counsel or by any member or
manager of the limited liability
company. The licensee is entitled,
upon written application to the
board, to the issuance of subpoenas
to compel the attendance of witnesses on the licensee's
behalf.
(e)
The board or any member of the board may issue subpoenas to compel the
attendance
of witnesses and the production of
documents and may administer oaths, take testimony, hear
proofs and receive exhibits in
evidence in connection with or upon hearing under this chapter. In
case of disobedience to a subpoena,
the board may petition the superior court to require the
attendance and testimony of
witnesses and the production of documentary evidence.
(f)
The board is not bound by strict rules of procedure or by laws of evidence in
the
conduct of its proceedings, but any
determination of the board is based upon sufficient legal
evidence to sustain the
determination.
(g)
A stenographic record of all hearings under this section shall be kept and a
transcript
of the record filed with the board.
(h)
The decision of the board is made by vote in accordance with the rules and
regulations established under
section 5-1-5.
(i)
Any appeal from the decision of the board, by a person or persons adversely
affected
by the decision, is governed by section
42-35-15.
(j)
On rendering a decision to: (1) revoke or suspend or refuse to renew a
certificate of
registration issued under the laws
of this state; (2) revoke or suspend or refuse to renew 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 certificate
of registration or a certificate of
authorization to practice in any other state or
country/jurisdiction. If the board
determines that the licensee in fact holds a certificate of
registration or certificate of
authorization, the board shall immediately notify the board of
architecture of the other state or
country/jurisdiction by mail of its decision under this section, and
include in the notice an indication
as to whether or not the licensee has appealed the decision.
(k)
The board may, in its discretion, order any licensee against whom proceedings
have
been initiated under sections
5-1-13 and 5-1-13.1 to reimburse the board for any fees, expenses,
and costs incurred by the board in
connection with the proceedings, including attorneys fees.
These fees shall be paid within
thirty (30) days from the date they are assessed and may be
reviewed in accordance with section
42-35-15, and deposited as general revenues.
(l)
The board may, in its discretion, issue a certificate of registration or certificate
of
authorization to any applicant
denied a certificate of registration or certificate of authorization,
under any of the provisions of this
section upon presentation of suitable evidence.
(m)
The attorney general or his or her deputy shall act as legal advisor to the
board and
render any legal assistance as is
necessary in carrying out the provisions of this chapter. The
board 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 for the
employment shall be paid from the
fund of the board.
5-1-15.1.
Certificate of authorization for sole proprietorships, partnerships, or
corporations. -- Certificate of authorization for sole
proprietorships, partnerships, limited
liability partnerships,
corporations or limited liability companies. -- (a) A sole proprietorship,
partnership, or limited
liability partnership, corporation or limited liability company is
admitted
to practice architecture in this
state if:
(1)
Two-thirds (2/3) of the partners (if a partnership or limited liability
partnership) or
two-thirds (2/3) of the directors and
officers (or shareholders if there are no directors, if a
corporation) or two-thirds (2/3)
of the managers (or members if there are no managers, if a
limited liability company) are registered under the laws of any state or any
reciprocal jurisdiction
as defined by the National Council
of Architectural Registration Boards to practice architecture or
engineering;
(2)
One-third (1/3) of the partners (if a partnership or limited liability
partnership) or
one-third (1/3) of the directors and
officers (or shareholders if there are no directors, if a
corporation), or one-third (1/3)
of the managers (or members if there are no managers, if a limited
liability company) are registered under the laws of any state or
reciprocal jurisdiction as defined
by the National Council of
Architectural Registration Boards to practice architecture; and
(3)
The person having the practice of architecture in his or her charge is himself
or
herself a partner (if a partnership
or limited liability partnership) or a director or officer
(or
shareholders if there are no
directors, if a corporation) or a
manager (or members if there are no
managers, if a limited liability
company) and registered to practice
architecture in this state.
(b)
The board is empowered to require any sole proprietorship, partnership, or
limited
liability partnership, or corporation or limited liability company
practicing architecture in this
state to file information
concerning its partners, shareholders, officers, directors, members,
managers, and other aspects of its business organization, upon
any forms that the board
prescribes.
(c)
The practice or offer to practice architecture as defined by this chapter by a
sole
proprietorship, partnership, limited
liability partnership, or corporation, or limited liability
company subsequently referred to as the "firm",
through one or more architects registered under
the provisions of this chapter, is
permitted provided that the registered architect(s) are in direct
control of the practice or exercise
personal supervision of all personnel who act in behalf of the
firm in professional and technical
matters; and provided, further, that the firm has been issued a
certificate of authorization by
this board.
(d)
Within one year after enactment of this chapter, every firm must obtain a
certificate
of authorization from this board,
and those individuals in direct control of the practice or who
exercise personal 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 is issued by
the board upon satisfaction of the
provisions of this chapter and the payment of a fee as
determined by the board in
accordance with section 5-1-11. This fee is waived if the firm consists
of only one person who is the
registered architect. Every firm must file with the board an
application for a certificate of
authorization on a form provided by the board.
(e)
Every certificate of authorization is valid for a period of two (2) years and
expires on
the last day of December of each
even numbered year following its issuance. A separate form
provided by the board is to be
filed with each renewal of the certificate of authorization. The 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. If, in its
judgment, the information contained
on the application and/or renewal form is satisfactory and
complete, the board will issue a
certificate of authorization for the firm to practice architecture in
this state. The board may require
all applicants for renewal to provide the board with information,
including but not limited to, a
brief outline setting forth the professional activities of any
applicant during a period in which
a certificate of authorization has lapsed and other evidence of
the continued competence and good
character of the applicant, all as the board deems necessary.
SECTION
2. Sections 5-8-18, 5-8-19, 5-8-20, 5-8-21 and 5-8-24 of the General Laws in
Chapter 5-8 entitled
"Engineers" are hereby amended to read as follows:
5-8-18.
Suspension, refusal to renew, and revocation of certificates -- Complaints --
Hearings. -- (a) After notice and hearing as provided in this
section, the board may in its
discretion: (1) suspend, revoke, or
refuse to renew any certificate of registration; (2) revoke or
suspend or refuse to renew 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 board 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,
hereafter referred to as licensee(s), for any one or more of the causes
set out in subsection (b).
(b)
The board may take actions specified in subsection (a) 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/jurisdiction in violation of
the laws
of that state or
country/jurisdiction;
(3)
Practicing engineering in this state in violation of the standards of
professional
conduct established by the board;
(4)
Fraud, deceit, recklessness, gross negligence, misconduct, or incompetence in
the
practice of engineering;
(5)
Use of an engineer's stamp in violation of section 5-8-14;
(6)
Violation of any of the provisions of this chapter;
(7)
Suspension or revocation of the right to practice engineering before any state
or
before any other
country/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 board or any person acting on behalf of the board in
a
reasonable time any information
that may be legally requested by the board;
(10)
In conjunction with any violation of subsection (b)(1) through (9), any conduct
reflecting adversely upon the
licensee's fitness to engage in the practice of engineering; and
(11)
In conjunction with any violation of subsection (b)(1) through (9), 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 board as unfounded or trivial, shall be
heard by
the board within three (3) months
after the date on which they have been properly filed.
(e)
The time and place for the hearing pursuant to subsection (c) is fixed by the
board,
and a copy of charges, together
with a notice of the time and place of hearing, 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.
(f)
If, after the hearing pursuant to subsection (d), the evidence is in favor of
sustaining
the charges, the board may in its
discretion suspend, refuse to renew, or revoke 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 board, 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)
In addition, the board may on its own motion investigate the conduct of an
applicant,
engineer, corporation,
professional service corporation, partnership and/or sole proprietorship
partnership, limited liability
partnership,
corporation, limited liability company
or individual.
5-8-19.
Appeals. -- Any person, sole proprietorship, partnership, limited
liability
partnership, corporation or
limited liability company aggrieved
by any decision or ruling of the
board may appeal from it in
accordance with the provisions of chapter 35 of title 42. For the
purposes of this section, the
division or board is considered a person.
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, or corporation 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, or
corporation 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 entity is an engineering firm or is competent
to practice engineering in this
state, unless that sole proprietorship, partnership, or corporation
limited liability partnership,
corporation or limited liability company
complies with the
requirements of this chapter.
(c)
Any individual, sole proprietorship, partnership, or corporation limited
liability
partnership, corporation or
limited liability company which: (1)
violates subsection (a) or (b) of
this section; (2) presents or
attempts to use the certificate of registration/authorization of another;
(3) gives any false or forged
evidence of any kind to the board or to any member thereof in
obtaining or attempting to obtain a
certificate of registration/authorization; (4) falsely
impersonates any other registrant
whether of a like or different name; (5) uses or attempts to use
an expired, revoked, or nonexistent
certificate of registration/authorization; (6) falsely claims to
be registered under this chapter;
or (7) otherwise violates any provision of this chapter, is guilty
of a misdemeanor, and upon
conviction by a court of competent jurisdiction shall be sentenced to:
(i) pay a fine of not more than one
thousand dollars ($1,000) for the first offense and a fine of not
less than one thousand dollars
($1,000) nor more than two thousand dollars ($2,000) for each
subsequent offense or imprisonment
for not more than one year, or both; and (ii) in the court's
discretion and upon good cause
shown reimburse the board for any and all fees, expenses, and
costs incurred by the board in
connection with the proceedings, including attorneys fees, which
amount shall be deposited as
general revenues; and (iii) be subject to, in the board's discretion,
public censure or reprimand.
(d)
The board has the power to institute injunction proceedings in superior court
to
prevent violations of subsection
(a) or (b) of this section or violations of section 5-8-1. In
injunction proceedings, the board
is not required to prove that an adequate remedy at law does not
exist, or that substantial or
irreparable damage would result from continued violations. The
superior court, in its discretion
and in addition to any injunctive relief granted to the board, may
order that any person or entity in
violation of this section shall: (1) upon good cause shown
reimburse the board for any and all
fees, expenses, and costs incurred by the board in connection
with the proceedings, including
attorneys fees, which amounts shall be deposited as general
revenues; and/or (2) be subject to
public censure or reprimand.
(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 attorney general of the state or his or her assistant shall act as legal
adviser to the
board and render any legal
assistance that is necessary in carrying out the provisions of this
chapter. The board may employ
counsel and necessary assistance to aid in the enforcement of this
chapter, and their compensation and
expenses shall be paid from funds as provided in section 5-8-
23.
5-8-21.
Exemptions. -- This chapter is not 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 section 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 of one hundred and
fifty dollars ($150) 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 continues
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 subdivision (1)(ii);
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) Corporate
and partnership obligations. – 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 registered professional engineers through a partnership,
limited liability partnership,
corporation, joint stock company, or corporation
limited liability
company, or by a partnership, limited liability
partnership, corporation, limited liability company,
or joint stock company, or corporations 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, further, that all personnel of that
partnership, limited liability
partnership, joint stock company, or 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). Each partnership, limited
liability partnership, joint stock company, or 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 section 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, further, 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.
5-8-24.
Corporate, partnership and sole proprietorship practice. -- 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
corporation, partnership, or 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,
further, 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 is issued
by the board upon satisfaction of
the provisions of this chapter and the payment of a fee not to
exceed one hundred twenty-five
dollars ($125). 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
application for a certificate of
authorization on a form to be provided by the board. A separate
form provided by the board is to 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 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 is
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.
SECTION
3. Sections 5-8.1-2, 5-8.1-5, 5-8.1-8, 5-8.1-13 and 5-8.1-17 of the 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 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)
"Land surveyor-in-training" means a person who has qualified for,
taken and passed
an examination in the fundamentals
of land surveying.
(8)
"NCEES" means the National Council of Examiners for Engineering and
Surveying.
(9)
"Part-time" means any type of employment or work engagement that
requires less
than twenty (20) hours of labor per
week.
(10)
"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
note records and property
descriptions that represent these surveys.
(11)
"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/herself to be a
professional land surveyor.
(12)
"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.
(13)
"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.
(14)
"Registrant" means an individual who has been issued a certificate of
registration by
the board of professional land
surveyors.
(15)
"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.
(16)
"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.
(17)
"Rules and regulations" means that document of the same title as
amended from
time to time 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 sections 42-35-3(a) and 42-35-4(b), and
this chapter.
(18)
"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.
(19)
"Related curriculum" means an educational program of sufficient
length and
academic quality and content to
satisfy the board.
5-8.1-5.
Board of registration for professional land surveyors -- Membership,
appointments, terms, and
vacancies. -- (a) The board of
land surveyors consists of five (5)
professional land surveyors only
one of whom may also be a professional engineer and all of
whom are registered in the state.
Each member of the board must be a qualified elector of this
state for three (3) years prior to
appointment. Each member been engaged in the lawful practice
of land surveying for at least
seven (7) years and shall have been in responsible charge of
surveying work for at least five
(5) years.
(b)
Each member of the board is appointed by the governor, within sixty (60) days
of the
enactment of this chapter, for
staggered terms, to serve a term of five (5) years or until his or her
successor is appointed and qualified;
however, in the original appointments under this section:
(1)
One member is appointed for a period of one year,
(2)
One member is appointed for a period of two (2) years,
(3)
One member is appointed for a period of three (3) years,
(4)
One member is appointed for a period of four (4) years and
(5)
One member is appointed for a period of five (5) years.
(c)
No member of the board of land surveyors shall be associated in the practice of
surveying either individually or as
a member of a firm, partnership, limited liability partnership,
or corporation, or limited liability company
with any other member of the board.
(d)
Vacancies in the membership of the board of land surveyors are filled for any
unexpired terms by appointment of
the governor.
(e)
A member appointed for a full term is not eligible for more than two (2)
consecutive
terms.
(f)
The governor may remove any member of the board of land surveyors for
misconduct, incompetency, neglect
of duty, or for any sufficient cause, in the manner prescribed
by law for removal of state
officials.
(g)
Each member of the board of land surveyors receives a certificate of his or her
appointment from the governor and
files with the secretary of state his or her written oath or
affirmation for the faithful
discharge of his or her official duties.
(h)
Within thirty (30) days of the appointment of the board, the director or his or
her
designee shall summon the members
of the board to organize and elect a chairperson, vice-
chairperson and secretary from the
appointed members.
5-8.1-8.
Board of registration for professional land surveyors -- Records and
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 corporation sole proprietorship,
partnership, or sole
proprietorship limited liability partnership, corporation or limited
liability
company receiving a certificate of authorization is compiled
by the board of land surveyors once
each year, or at intervals as
established by board regulations. Copies of this roster are placed on
file with the secretary of state
and may be mailed to each person listed in the roster and in
addition may be distributed or sold
to the public.
5-8.1-13.
Board of registration for professional land surveyors -- Permitted
practices. -- (a) Exemption clause. - This chapter is not 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 is not
granted except under the provisions prescribed under section 5-
8.1-11.
(3)
Other professions. The practice of engineering, architecture, or landscape
architecture.
(b) Corporate,
partnership and sole 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 a corporation, partnership, or 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, further, that the firm has been issued a certificate of
authorization by the board of land
surveyors.
(2)
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 is issued by
the board upon satisfaction of the
provisions of this chapter and the payment of an annual fee not
to exceed fifty dollars ($50.00).
(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
application for the certificate on
a form provided by the board. A separate form provided by the
board is to 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 issues 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, officers,
or
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.
(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 are renewed as previously provided for
certificates of
registration in section 5-8.1-11.
(8) Corporations
organized under the provisions of chapter 5.1 of title 7 entitled
"Professional Service
Corporations" 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 the date of the enactment of this chapter shall
fully comply with the provisions of
this section within one year of the date of that enactment.
(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
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
is 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.
5-8.1-17.
Board of registration for professional land surveyors -- Violations and
penalties --Injunctions. -- (a) No individual shall: (1) practice or offer to
practice land surveying
in this state; (2) use any title,
sign, card, or device implying that the individual is a land surveyor
or is competent to practice land
surveying in this state; (3) use in connection with his or her name
or otherwise any title or
description conveying or tending to convey the impression that the
individual is a land surveyor or is
competent to practice land surveying in this state; or (4) use or
display any words, letters,
figures, seals, or advertisements indicating that the individual is a land
surveyor or is competent to
practice land surveying in this state, unless that individual holds a
currently valid certificate issued
pursuant to this chapter or is specifically exempted from the
certificate requirement under the
provisions of this chapter.
(b)
It shall be the duty of all duly constituted officers of this state and all
political
subdivisions of the state to enforce
the provisions of this chapter and to prosecute any persons
violating those provisions.
(c)
No sole proprietorship, partnership, or 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, or 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, or limited
liability partnership, corporation or limited liability company
complies with the requirements of
this chapter.
(d)
Any individual, sole proprietorship, partnership, or limited
liability partnership,
corporation or limited liability
company which: (1) violates subsection (a) or (c) of this section;
(2) presents or attempts to use the
certificate of registration/authorization of another; (3) gives any
false or forged evidence of any
kind to the board or to any member of the board in obtaining or
attempting to obtain a certificate
of registration/authorization; (4) falsely impersonates any other
registrant whether of a like or
different name; (5) uses or attempts to use an expired, revoked, or
nonexistent certificate of
registration/authorization; (6) falsely claims to be registered under this
chapter; or (7) otherwise violates
any provision of this chapter, shall be guilty of a misdemeanor,
and upon conviction by a court of
competent jurisdiction shall be sentenced to: (i) pay a fine of
not more than one thousand dollars
($1,000) for the first offense and a fine of not less than one
thousand dollars ($1,000) nor more
than two thousand dollars ($2,000) for each subsequent
offense or imprisonment for not
more than one year, or both; (ii) in the court's discretion and
upon good cause shown reimburse the
board for any and all fees, expenses, and costs incurred by
the board in connection with the
proceedings, including attorneys' fees, which amounts shall be
deposited as general revenues; and
(3) be subject to, in the board's discretion, public censure or
reprimand.
(e)
The board has the power to institute injunction proceedings in superior court
to
prevent violations of subsection
(a) or (c) of this section or violations of section 5-8.1-1. In
injunction proceedings, the board
is not required to prove that an adequate remedy at law does not
exist, or that substantial or
irreparable damage would result from continued violations. The
superior court, in its discretion
and in addition to any injunctive relief granted to the board, may
order that any person or entity in
violation of this section shall: (1) upon good cause shown
reimburse the board for any and all
fees, expenses, and costs incurred by the board in connection
with the proceedings, including
attorneys fees, which amounts shall be deposited as general
revenues; and/or (ii) be subject to
public censure or reprimand.
SECTION
4. Sections 5-51-9, 5-51-11, 5-51-13, 5-51-16 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 is valid for a period of
two (2) years and expires 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 expires 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 section 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 section 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 section 5-51-14. The
certificates of authorization are issued by the board, indicating
the sole proprietorship,
partnership, limited liability partnership, corporation, partnership, or
sole
proprietorship or limited liability company named in it is
permitted to practice landscape
architecture in this state. A
license or certificate of authorization is not 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, are
construed to be expired, and require an application for
reinstatement.
(b)
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.
5-51-11.
Duplicate licenses -- Seals -- Rubber stamps. -- (a) Only one
certificate of
registration or license is issued
to a licensed landscape architect. A duplicate certificate may be
issued by the board should the
original certificate be lost or damaged. Applications for a duplicate
certificate are submitted to the
board office. The required fee must be submitted with the
application for a duplicate
certificate.
(b)
(1) For the purpose of signing all final drawings, plans, specifications,
reports, and
other contract documents, each
licensed landscape architect shall obtain an individual seal, and a
rubber stamp (a facsimile of the
seal) to be used on documents prepared by him or her, or under
his or her supervision.
(2)
Firms consisting of more than one licensed landscape architect may use a single
seal
identifying a principal
corporate officer or partner (if a partnership or limited liability
partnership), officer, or
director (if a corporation) or a member or manager (if a limited liability
company) as being personally responsible for the professional
services provided.
(3)
The board furnishes a copy of the authorized seal from which the applicant can
have
a seal and stamp made.
(c)
The application of the seal impression, to the first sheet of bound sets of
drawings
(with index of drawings included),
title page of specifications, and to other drawings and contract
documents constitute the registered
landscape architect stamp.
(d)
The rubber stamp may be applied on all tracings to produce legible reproduction
on
all copies or prints made from the
tracings. This provision does not in any manner modify the
above requirements.
5-51-13.
Corporations and partnerships. Partnerships, limited liability
partnerships,
corporations, and limited
liability companies. -- (a) A corporation
or partnership 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 is a personal
right,
based upon the qualifications of
the individual evidenced by his or her license and is not
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 section 5-51-1, for use in this state
shall be dated, and 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, partnership, or sole
proprietorship or limited liability company (hereafter
"the firm"), through one or more landscape
architects license under the
provisions of this chapter, is permitted provided, that those licensed
landscape architect(s) are in
direct control of the practice; exercise personal supervision of all
personnel who act on behalf of the
firm in professional and technical matters; and are registered
under the provisions of this
chapter; and, provided further, that 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 is issued by the board upon satisfaction of
the
provisions of this chapter and the
payment of the required fee. This fee is 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 is valid for a
period of two (2) years and expires
on the last day of June of each even numbered year following
its issuance.
(2)
A separate form provided by the board is to 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 issues a certificate of authorization for the firm to practice
landscape architecture in this
state.
5-51-16.
Penalty for violations -- Injunctive relief. -- (a) No individual
shall: (i)
practice or offer to practice
landscape architecture in this state; or (ii) 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
(iii) 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 (iv) 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 therefrom under the
provisions of this chapter.
(b)
No sole proprietorship, partnership, or limited liability
partnership, corporation or
limited liability company shall: (i) practice or offer to practice landscape
architecture in this state;
or (ii) use any title, sign, card,
or device implying that the sole proprietorship, partnership, or
limited liability partnership, corporation or limited liability company is
competent to practice
landscape architecture in this
state; or (iii) use in connection with its name or otherwise any title
or description conveying or tending
to convey the impression that the entity is a landscape
architectural firm or is competent
to practice landscape architecture in this state; or (iv) 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 or, limited liability partnership, corporation or
limited
liability company complies with the requirements of this chapter.
(c)
Any individual, sole proprietorship, partnership or, limited
liability partnership,
corporation or limited liability
company which: (i) violates subsection (a) or (b) of this section; or
(ii) presents or attempts to use
the license/certificate of authorization of another; or (iii) gives any
false or forged evidence of any
kind to the board or to any member thereof in obtaining or
attempting to obtain a
license/certificate of authorization; or (iv) falsely impersonates any other
registration whether of a like or
different name; or (v) uses or attempts to use an expired, revoked,
or nonexistent license/certificate
of authorization; or (vi) falsely claims to be registered under this
chapter; or (vii) otherwise
violates any provision of this chapter, shall upon determination thereof
by a court of competent
jurisdiction, (1) 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 (2) in the
court's discretion and upon good cause shown, reimburse the
board for any and all fees,
expenses, and costs incurred by the board in connection with the
proceedings, including attorneys
fees (which amounts shall be deposited as general revenues);
and (3) be subject to, in the
board's discretion, public censure or reprimand.
(d)
The board has 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 section 5-51-3.
In injunction proceedings, the
board shall not be required to prove that an adequate remedy at law
does not exist, or that substantial
or irreparable damage would result from continued violations.
The superior court, in its
discretion and in addition to any injunctive relief granted to the board,
may order that any person or entity
in violation of this section shall: (i) upon good cause shown,
reimburse the board for any and all
fees, expenses, and costs incurred by the board in connection
with the proceedings, including
attorneys fees (which amounts shall be deposited as general
revenues); and/or (ii) be subject
to public censure or reprimand.
5-51-17.1.
Initiation of proceedings -- Hearings before the board -- Appeals -- Notice
to other states. -- (a) The board may initiate proceedings under this
chapter against holders of a
license and/or certificate of
authorization (hereafter referred to as licensee(s)) either on its own
motion, or on complaint of any
person, upon a finding of probable cause by the board, or upon
receiving notification from another
state board of landscape architects or from the appropriate
authority in another
country/jurisdiction of its decision to: (1) revoke, suspend, or refuse to
renew
the practice privileges granted in
that state or in that country/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 board 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 charges stated, the board may
proceed to hear evidence against
the licensee and may enter any order that is justified by the
evidence. Any order is final unless
the licensee petitions for a review of the order as provided in
this section; provided, however,
that within thirty (30) days from the date of any order, upon a
showing of good cause for failing
to appear and defend, the board 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 by the sole proprietor. A partnership or
limited liability partnership may be represented before the board by counsel or any
partner. A
corporation may be represented by
counsel before the board or any shareholder, officer or
director of the corporation. A sole proprietorship may be
represented by counsel before the board
or by the sole proprietor. A limited liability company may be represented
before the board by
counsel or any member or manager
of the limited liability company. The
licensee is entitled, upon
written application to the board,
to the issuance of subpoenas to compel the attendance of
witnesses on the licensee's behalf.
(e)
The board or any member of the board may issue subpoenas to compel the
attendance
of witnesses and the production of
documents and may administer oaths, take testimony, hear
proofs and receive exhibits in
evidence in connection with or upon hearing under this chapter. In
case of disobedience to a subpoena,
the board may petition the superior court to require the
attendance and testimony of
witnesses and the production of documentary evidence.
(f)
The board is not 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)
A stenographic record of all hearings under this section shall be kept and a
transcript
of the record filed with the board.
(h)
The decision of the board is made by vote in accordance with this chapter and
with
the rules and regulations established
by the board.
(i)
Any appeal from the decision of the board, by a person or persons adversely
affected
by the decision, is governed by
section 42-35-15.
(j)
On rendering a decision to: (1) revoke or suspend or refuse to renew a license
issued
under the laws of this state; (2)
revoke or suspend or refuse to renew 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/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/jurisdiction by mail of its
decision under this section, and
include in the notice an indication as to whether or not the
licensee has appealed the decision.
(k)
The board may, in its discretion, order any licensee against whom proceedings
have
been initiated under this chapter
to, upon good cause shown, reimburse the board for any and all
fees, expenses, and costs incurred
by the board 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
section 42-35-15, and shall be deposited as general
revenues.
(l)
The attorney general or his or her deputy acts as legal advisor to the board
and renders
any legal assistance that may be
necessary in carrying out the provisions of this chapter. The
board 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 board.
SECTION
5. This act shall take effect upon passage.
=======
LC01356
=======