Chapter
04-098
2004 -- S 2776 SUBSTITUTE A
Enacted 06/11/04
A N A C T
RELATING TO BUSINESSES AND
PROFESSIONS - PROFESSIONAL LAND
SURVEYORS
Introduced By: Senators
Ruggerio, Badeau, Tassoni, and Polisena
Date
Introduced: February 11, 2004
It is enacted by the General
Assembly as follows:
SECTION
1. Sections 5-8.1-4, 5-8.1-9, 5-8.1-10, 5-8.1-11, 5-8.1-13 and 5-8.1-15 of the
General Laws in Chapter 5-8.1
entitled "Land Surveyors" are hereby amended to read as follows:
5-8.1-4.
Board of registration for professional land surveyors -- Authority, powers,
and duties. -- (a) The duty of the board of land surveyors is to
administer the provisions of this
chapter in regards to the
regulation of professional land surveying and the registration of
professional land surveyors.
(b)
(1) The board of land surveyors may establish any rules and regulations for the
conduct of its own proceedings, for
examination of applicants, for registration of professional
land surveyors and surveyors in
training, for continuing education requirements, and for
governing the practice of land
surveying, that it deems appropriate.
(2)
Upon passage of this chapter the rules and regulations in effect prior to
passage
remain in effect until adoption of
new rules and regulations.
(c)
The board of professional land surveyors shall hold examinations for qualified
individuals applying for
registration as professional land surveyors or for certification as
surveyors-in-training at least once
a year.
(d)
The board of land surveyors issues certificates of registration to individuals
who have
qualified to practice professional
land surveying under the provisions of this chapter.
(e)
The board of professional land surveyors has the power to suspend, refuse to
renew,
or revoke certificates of
registration in accordance with the provisions of this chapter. In all
disciplinary proceedings brought
pursuant to this chapter, the board has the power to administer
oaths, to summon witnesses and to
compel the production of documents in accordance with
procedures applicable in the
superior court. Upon failure of any person to appear to produce
documents in accordance with the
board's order, the board may apply to a court of any
jurisdiction to enforce compliance
with the order.
(f)
The board of professional land surveyors is authorized in the name of the state
to
apply for relief by injunction in
the established manner provided in cases of civil procedure,
without bond, to enforce the provisions
of this chapter, or to restrain any violations of this
chapter. In those proceedings, it
is not necessary to allege or prove, either that an adequate
remedy at law does not exist or
that substantial or irreparable damage would result from the
continued violation of this
chapter. The members of the board are not personally liable under this
proceeding.
(g)
No action or other legal proceedings for damages shall be instituted against
the board
or against any board member or
employee of the board for any act done in good faith and in the
intended performance of any power
granted under this chapter or for any neglect or default in the
performance or exercise in good
faith of that duty or power.
(h)
The board is empowered to collect any fees and charges prescribed in this
chapter
and to apply the fees and charges
to the cost of fulfilling the requirements and responsibilities of
this chapter. From the proceeds
of any fees collected pursuant to the provisions of this chapter,
there is created a restricted
receipts account. The board receives no funds from the state. The
board shares proportionately
with the board of registration of professional land surveyors the
expenses of operating the two
boards.
(i)
The board shall annually provide a written report to the director of the
department of
business regulation. This report
is present forth a summary of all fees collected, a list of all
individuals registered, a
summary of all disciplinary actions taken, and the disposition of all
complaints made to the board.
5-8.1-9.
Board of registration for professional land surveyors -- Application and
qualification for
registration. -- (1) Application
for registration as a professional land surveyor
or certification as a surveyor-in-training
is made, in writing, on a form prescribed and furnished
by the board of land surveyors. The
application:
(i)
Contains statements made under oath,
(ii)
Shows the applicant's education,
(iii) Contains a detailed summary of the applicant's technical and professional
experience, and
(iv)
Designates references as described in this section.
(2)
The fee established in section 5-8.1-11 must accompany each application.
Failure to
include this fee will result in the
application being returned to the applicant without consideration
by the board.
(b)
To be eligible for registration as a professional land surveyor, an applicant
must be of
good character and reputation.
Additionally, the applicant must submit five (5) references with
his or her application, three (3)
of whom are registered professional land surveyors having
personal knowledge of his or her
land surveying experience. No person seeking his or her initial
registration as a professional land
surveyor is granted the certificate without first completing a
surveyor-in-training program as
prescribed and approved by the board.
(c)
(1) To be eligible for certification as a surveyor-in-training, an applicant
must be of
good character and reputation and
additionally must submit three (3) character references one of
which must be from a professional
land surveyor.
(2)
One of the following is considered as minimum evidence to the board that the
applicant is qualified for
registration as a professional land surveyor or for certification as a land
surveyor in training, respectively:
(i)
Graduation from a four (4) year accredited program, experience and examination.
A
graduate of a land surveying
curriculum of four (4) years or more approved by the board, as being
of satisfactory standing is
admitted to an eight (8) hour written examination in the fundamentals
of land surveying. Upon passing
that examination the applicant is granted a surveyor in training
certificate in this state
providing the applicant is qualified. Additionally, upon obtaining a specific
record of a minimum of three (3)
years of experience, after graduation, of combined office and
field experience of a grade and
character which indicates to the board that the applicant may be
competent to practice land
surveying, the applicant may be admitted to a six (6) hour written
examination in the principles
and practice of land surveying plus an additional two (2) hour
written Rhode Island legal
portion. Upon passing that examination, the applicant is granted a
certificate of registration to
practice land surveying in this state, provided the applicant is
qualified.
(ii) Graduation from a four (4) year non-accredited program, experience and
examination. A graduate of land
surveying or related curriculum of four (4) years or more other
than those approved by the board
as being of satisfactory standing may be admitted to an eight (8)
hour written examination in the
fundamentals of land surveying. Upon passing that examination
the applicant is granted a
surveyor in training certificate in the state, provided the applicant is
qualified. Additionally upon
obtaining a specific record of a minimum of five (5) years of
experience, after graduation, of
combined office and field experience satisfactory to the board in
land surveying, of which a
minimum of three (3) years has been under the supervision of a
registered professional land
surveyor, which indicates to the board that the applicant may be
competent to practice land surveying,
the applicant may be admitted to a six (6) hour written
examination in the principles
and practice of land surveying plus an additional two (2) hour
written Rhode Island legal
portion. Upon passing that examination, the applicant is granted a
certificate of registration to
practice land surveying in this state, provided the applicant is
qualified.
(iii) Graduation from a two (2) year accredited program experience, and
examination. A
graduate of a land surveying or
related curriculum of satisfactory standing, of two (2) years or
more approved by the board, who
has obtained an associates degree, and upon obtaining a
minimum of two (2) years
experience, after graduation, satisfactory to the board, may be admitted
to an eight (8) hour written
examination in the fundamentals of land surveying. Upon passing that
examination the applicant is
granted a surveying-in-training certificate in the state, provided the
applicant is qualified. Upon
obtaining a specific record of a minimum of an additional five (5)
years of experience, of combined
office and field experience satisfactory to the board in land
surveying, of which a minimum of
three (3) years has been under the supervision of a registered
professional land surveyor,
which indicates to the board that the applicant may be competent to
practice land surveying, the
applicant may be admitted to a six (6) hour written examination in
the principles and practice of
land surveying plus an additional two (2) hour written Rhode Island
legal portion. Upon passing that
examination, the applicant is granted a certificate of registration
to practice land surveying in
this state, provided the applicant is qualified.
(iv) Graduation from a two (2) year nonaccredited program, experience and
examination.
A graduate of a land surveying
or related curriculum of two (2) years or more, other than one
approved by the board, who has
obtained an associates degree, and upon obtaining a minimum of
two (2) years experience, after
graduation, satisfactory to the board may be admitted to an eight
(8) hour written examination in
the fundamentals of land surveying. Upon passing that
examination the applicant is
granted a surveying-in-training certificate in the state, provided the
applicant is otherwise qualified.
Upon obtaining a specific record of a minimum of an additional
eight (8) years of experience,
of combined office and field experience satisfactory to the board in
land surveying, of which a
minimum of three (3) years has been under the supervision of a
registered professional land
surveyor, which indicates to the board that the applicant may be
competent to practice land
surveying, the applicant may be admitted to a six (6) hour written
examination in the principles
and practice of land surveying plus an additional two (2) hour
written Rhode Island legal
portion. Upon passing that examination, the applicant is granted a
certificate of registration to
practice land surveying in this state, provided the applicant is
qualified.
(v) Experience and examination. (A) A person having acquired at least twelve
(12) years
of active office and/or field
experience in land surveying, at least six (6) years of which
experience has been under the
direct supervision of a registered professional land surveyor, and
with that experience being of a
grade and character which indicates to the board that the applicant
may be competent to practice
land surveying, may be admitted to an eight (8) hour written
examination in the fundamentals
of land surveying. Upon passing that examination the applicant
is granted a
surveyor-in-training certificate in the state, provided that the applicant is
qualified
and may admitted to a second six
(6) hour written examination plus an additional two (2) hour
written Rhode Island legal
portion. Upon passing that examination, the applicant is granted a
certificate of registration to
practice land surveying in this state provided the applicant is
qualified. This subsection
expires at midnight, June 30, 2002.
(B) In certain instances in which an applicant presents an experience of
unusually high
quality, the board, at its
complete discretion, may allow an applicant, having acquired six (6)
years of active office and field
experience in land surveying, which experience has been under the
direct supervision of a
professional land surveyor, to be admitted to an eight (8) hour written
examination in the fundamentals
of land surveying. Upon passing that examination, the applicant
is granted a
surveyor-in-training certificate in the state, provided the applicant is
qualified.
(vi) Surveying teaching. Teaching of advanced land surveying subjects in a
college or
university offering an approved
land surveying curriculum may be considered as land surveying
experience satisfactory to the
board.
(vii) Registration by comity or endorsement. A person holding a current
certificate of
registration to engage in the
practice of land surveying, on the basis of comparable written
examinations, issued to him or
her by a proper authority of a state, territory, or possession of the
United States, the District of
Columbia, or any foreign country who, in the opinion of the board,
meets the requirements of this
chapter, based upon verified evidence, may, upon application be
registered, only if they have
passed the two (2) hour written Rhode Island legal portion.
(d) (1) The passing grade on all examinations offered by the land surveyors is
not less
than seventy percent (70%). An
applicant failing any examination may apply for re-examination
upon payment of the appropriate
fees. An applicant who scores less than fifty percent (50%) on
any examination may not apply
for re-examination for at least one year.
(2) An applicant who fails any of the exams three (3) times must be interviewed
by the
board, before any further
application can be acted upon. It is the applicant's responsibility to show
the board that he or she will be
successful if allowed to take the exam again.
(i)
Graduation from a four year accredited program, experience and examination. A
graduate of a land surveying
curriculum of four (4) years or more approved by the board, as being
of satisfactory standing is
admitted to an eight (8) hour written examination in the fundamentals
of land surveying. Upon passing
that examination the applicant is granted a surveyor-in-training
certificate in this state
provided the applicant is qualified. Additionally, upon obtaining a specific
record of a minimum of three (3)
years of experience, two (2) of which shall be after graduation,
one (1) of which may be prior to
graduation, of combined office and field experience in land
surveying that is deemed
satisfactory to the board, and which said three (3) years experience shall
have been under the supervision
of a registered professional land surveyor and which indicates to
the board that the applicant may
be competent to practice land surveying, the applicant may be
admitted to a six (6) hour
written examination in the principles and practice of a land surveying
plus an additional two (2) hour
written Rhode Island legal portion. Upon passing that
examination, the applicant is
granted a certificate of registration to practice land surveying in this
state, provided the applicant is
qualified.
(ii)
Graduation from a four year non-accredited program, experience and examination.
A
graduate of a land surveying
curriculum of four (4) years or more approved by the board, as being
of satisfactory standing is
admitted to an eight (8) hour written examination in the fundamentals
of land surveying. Upon passing
that examination the applicant is granted a surveyor-in-training
certificate in this state
provided the applicant is qualified. Additionally, upon obtaining a specific
record of a minimum of five (5)
years of experience, three (3) of which shall be after graduation,
two (2) of which may be prior to
graduation, of combined office and field experience in land
surveying that is deemed
satisfactory to the board, and which said five (5) years experience shall
have been under the supervision
of a registered professional land surveyor and which indicates to
the board that the applicant may
be competent to practice land surveying, the applicant may be
admitted to a six (6) hour
written examination in the principles and practice of land surveying
plus an additional two (2) hour
written Rhode Island legal portion. Upon passing that
examination, the applicant is
granted a certificate of registration to practice land surveying in this
state, provided the applicant is
qualified.
(iii)
Graduation from a two year accredited program, experience, and examination. A
graduate of a land surveying or
related curriculum of satisfactory standing, of two (2) years or
more approved by the board, who
has obtained an associates degree, and upon obtaining a
minimum of two (2) years
experience, after graduation, satisfactory to the board, may be admitted
to an eight (8) hour written
examination in the fundamentals of land surveying. Upon passing that
examination the applicant is
granted a surveyor-in-training certificate in this state, provided the
applicant is qualified. Upon
obtaining a specific record of a minimum of an additional five (5)
years of experience, of which
three (3) years shall be post acquisition of a (LSIT) certificate, two
(2) of which may be prior to
graduation, of combined office and field experience in land
surveying that is deemed
satisfactory to the board and which experience was under the
supervision of a registered
professional land surveyor, which indicates to the board that the
applicant may be competent to
practice land surveying, the applicant may be admitted to a six (6)
hour written examination in the
principles and practice of land surveying plus an additional two
(2) hour written Rhode Island
legal portion. Upon passing that examination, the applicant is
granted a certificate of
registration to practice land surveying in this state, provided the applicant
is qualified.
(iv)
Graduation from a two year non-accredited program, experience, and examination.
A
graduate of a land surveying or
related curriculum of satisfactory standing, of two (2) years or
more approved by the board, who
has obtained an associates degree, and upon obtaining a
minimum of two (2) years
experience, after graduation, satisfactory to the board, may be admitted
to an eight (8) hour written
examination in the fundamentals of land surveying. Upon passing that
examination the applicant is
granted a surveyor-in-training certificate in this state, provided the
applicant is qualified. Upon
obtaining a specific record of a minimum of an additional six (6)
years of experience, of which
four (4) years shall be post acquisition of a (LSIT) certificate, two
(2) of which may be prior to
graduation, of combined office and field experience satisfactory to
the board in land surveying, and
was under the supervision of a registered professional land
surveyor, which experience
indicates to the board that the applicant may be competent to practice
land surveying, the applicant
may be admitted to a six (6) hour written examination in the
principles and practice of land
surveying plus an additional two (2) hour written Rhode Island
legal portion. Upon passing that
examination, the applicant is granted a certificate of registration
to practice land surveying in
this state, provided the applicant is qualified.
(v)
Graduation from a two (2)
year accredited or a two (2)
year non-accredited program,
experience, and examination. Any
person obtaining a minimum of five (5) years experience under
the supervision of a registered
professional land surveyor, and is satisfactory to the board, may be
admitted to an eight (8) hour
written examination in the fundamentals of land surveying. Upon
passing that examination the
applicant is granted a surveyor-in-training certificate (LSIT), in this
state provided the applicant is
qualified. Upon obtaining a specific record of a minimum of an
additional five (5) years of
experience of combined office and field experience satisfactory to the
board in land surveying, which
experience was under the supervision of a registered professional
land surveyor, and which
experience indicates to the board that the applicant may be competent to
practice land surveying, and the
person is a graduate of a land surveying or related curriculum of
satisfactory standing, of two
(2) years or more approved by the board, who has obtained an
associates degree in land
surveying or related curriculum, the applicant may be submitted to a six
(6) hour written examination in
the principles and practice of land surveying plus an additional
two (2) hour written Rhode
Island legal portion. Upon passing that examination, the applicant is
granted a certificate of
registration to practice land surveying in this state, provided the applicant
is qualified. This subsection
expires at midnight, December 31, 2008.
(vi)
Surveying teaching. Teaching of advanced land surveying subjects in a college
or
university offering an approved
land surveying curriculum may be considered as land surveying
experience satisfactory to the
board.
(vii)
Registration by comity or endorsement. A person holding a current certificate
of
registration to engage in the
practice of land surveying on the basis of comparable written
examination, issued to him or
her by a proper authority of a state, territory, or possession of the
United States, the District of
Columbia, or any foreign country who, in the opinion of the board,
meets all appropriate
requirements of this chapter, based upon verified evidence, may, upon
application be registered, only
if they have passed the two (2) hour written Rhode Island legal
portion.
(d)(1)
The passing grade on all examinations offered by the land surveyors is not less
than seventy percent (70%). An
applicant failing any examination may apply for re-examination
upon payment of the appropriate
fees. An applicant who scores less than fifty percent (50%) on
any examination may not apply
for re-examination for at least one year.
(2)
An applicant who fails any of the exams three (3) times shall be interviewed by
the
board, before any further
application can be acted upon. It is the applicant’s responsibility to
show the board that he or she
will be successful if allowed to take the exam again. If in the
board’s opinion the applicant
can not satisfactorily demonstrate that he or she is qualified to re-
take the exam, the board may
require that the applicant acquire additional knowledge, education,
and or experience, satisfactory
to the board before the applicant may sit for another exam.
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 is 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 is deemed enrolled under this chapter.
(c)
Certificates of registration. The board of land 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 judgement 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:
(1)
Carries the designation "professional land surveyor",
(2)
Shows the full name of the registrant, without any titles,
(3)
Has a serial number, and
(4)
Is signed by both the chairperson and secretary of the board of land surveyors.
(d)
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 is mailed 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,
however, 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 year (however, the renewal must
be postmarked no later than June
30th) or at any other time that the law provides by the payment
of the fee required by this
chapter. Renewal of an expired certificate may be effected within a
period of three (3) years, 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 within a period of four (4) years,
provided 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 is 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 is as stated in this section.
(f)
Lapsed certificates. Any registrant who allows his or her certificate of
registration to
lapse for more than three (3)
four (4) years shall reapply for registration in accordance with the
requirements stated in section
5-8.1-9.
(g) Reissuance
Re-issuance of certificate. A duplicate certificate of registration, to
replace any certificate lost,
destroyed, or mutilated may be issued by the board of land surveyors
upon payment of the fee required by
section 5-8.1-11 of this chapter.
5-8.1-11.
Board of registration for professional land surveyors -- Fees -- Payment
and disposition. -- (a) The fees paid by an applicant for filing an
application for examination, for
annual renewal, or for issuance of a duplicate are
determined by the board and shall not exceed
one hundred fifty dollars ($150)
per year plus any administrative costs associated with an
application for examination,
reexamination, annual renewal, or duplicate certificate. The
administrative costs are determined
by the board. All revenues received pursuant to this section
are deposited as general revenues.
(b)
The fees paid by an applicant for the examination, for reexamination, or for
renewal
of any expired certificate are
determined by the board to cover the direct expenses associated with
administering the examination,
reexamination, or the renewal of an expired certificate.
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 proprietorship practice. - (1) The practice or
offer to
practice land surveying as defined
by this chapter by a corporation, partnership, or sole
proprietorship, 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 judgement 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 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. 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)
Corporations organized under the provisions of chapter 5.1 of title 7 entitled
"Professional Service Corporations"
shall submit a copy of their articles of incorporation 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 to any
applicant, or a registration as a foreign corporation 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.
(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.
5-8.1-15.
Board of registration for professional land surveyors -- Disciplinary
actions. -- (a) Revocation, suspension, and censure. - After
notice and hearing as provided in this
section, the board of land
surveyors 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, not to exceed one thousand dollars ($1,000) for
each violation; and/or (vi) place
on probation; and/or (6) 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 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).
(b)
Grounds. - 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 land surveying in another state or country/jurisdiction in violation
of the
laws of that state or
country/jurisdiction.
(3)
Practicing land surveying 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 land surveying;
(5)
Use of a land surveyor's stamp in violation of section 5-8.1-12;
(6)
Violation of any of the provisions of this chapter;
(7)
Suspension or revocation of the right to practice land surveying 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 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 board or any person acting on behalf thereof in a
reasonable
time such information as 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
registrant's fitness to engage in the practice of land surveying; and
(11)
In conjunction with any violation of subsections (b)(1) through (9), 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 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 board of land surveyors as
unfounded or trivial, shall be
heard by the board within three (3) months after the date on which
they were referred.
(2)
The time and place for the hearing shall be fixed by the board of land
surveyors, and
a copy of the charges, together
with a notice of the time and place of the hearing, shall be
personally served on or mailed to
the last known address of 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 board of land surveyors
may in its
discretion suspend, refuse to
renew, or revoke 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 board of land surveyors may, at its 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.
(d)
Legal counsel. -- The board of land surveyors may employ counsel and necessary
assistance to aid in the
enforcement of this chapter., and their compensation and expenses shall
be
paid from the funds budgeted for
and under the control of the board.
(e)
Nothing in this chapter shall prevent the board of land surveyors from charging
one
or both parties a fee for the
direct costs associated with hearings and transcripts.
SECTION
2. This act shall take effect upon passage.
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LC02411/SUB A/2
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