Chapter 153

2010 -- S 2464 SUBSTITUTE A

Enacted 06/25/10

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- DESIGN PROFESSIONALS

Introduced By: Senator William A. Walaska

Date Introduced: February 11, 2010    

It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 84

DIVISION OF DESIGN PROFESSIONALS

5-84-1. Short title. – This chapter shall be known and may be cited as “The Division of

Design Professionals Act.”

5-84-2. Division of design professionals. – There has been created within the department

of business regulation, a division known as the division of design professionals.

5-84-3. Division membership. – The division consists of the membership of the board of

registration for professional engineers, board of registration for professional land surveyors,

board of examination and registration of architects, and the board of examiners of landscape

architects.

5-84-4. Suitable quarters. – The department of business regulation shall provide suitable

and adequate space for the division.

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

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

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

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

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

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

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

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

management.

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

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

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

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

matters the board considers appropriate.

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

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

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

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

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

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

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

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

section, the board shall notify the attorney general. The attorney general may commence a civil

action to recover the amount of the fine.

SECTION 2. This act shall take effect upon passage.

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LC01415/SUB A

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