Chapter 219

2006 -- H 7575 AS AMENDED

Enacted 07/03/06

 

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS

          

     Introduced By: Representative John J. McCauley

     Date Introduced: February 16, 2006

 

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 5-8.1-17 of the General Laws in Chapter 5-8.1 entitled "Land

Surveyors" is hereby amended to read as follows:

 

     5-8.1-17. 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, limited liability partnership, corporation or

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

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

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

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

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

competent to practice land surveying in this state; or (4) use or display any words, letters, figures,

seals, or advertisements indicating that the entity is a land surveying firm or is competent to

practice land surveying in this state; unless that sole proprietorship, partnership, limited liability

partnership, corporation or limited liability company complies with the requirements of this

chapter.

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

corporation or limited liability company which knowingly and willfully: (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 pay a fine of not more than one four thousand dollars ($1,000) ($4,000) for the first

offense and a fine of not less than one four thousand dollars ($1,000) ($4,000) nor more than two

ten thousand dollars ($2,000) ($10,000) for each subsequent offense, or imprisonment for not

more than one year, or both; in the court's discretion and upon good cause shown reimburse the

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

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

      (2) Be subject to public censure or reprimand.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02517

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