Chapter 378
2013 -- S 0711 SUBSTITUTE A
Enacted 07/15/13
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS
Introduced By: Senator Frank Lombardo
Date Introduced: March 13, 2013
It is enacted by the
General Assembly as follows:
SECTION
1. Sections 5-1-2, 5-1-5, 5-1-7, 5-1-13 and 5-1-13.1 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) "Certificate
of authorization" means the certificate of authorization issued by the
board, indicating the sole proprietor, partnership,
limited liability partnership, corporation, or
limited liability company named in the certificate is
permitted to practice architecture in the state.
(5) "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 5-8-2(f)(1), but a registered architect may
perform any engineering work that is
incidental to the practice of architecture.
(6) "Responsible
control" means that amount of control over and detailed knowledge of
the content of technical submissions during their
preparations as is ordinarily exercised by
registered architects applying the required
professional standard of care. Reviewing, or reviewing
and correcting, technical submissions after they have
been prepared by others does not constitute
the exercise of responsible control because the
reviewer has neither control over nor detailed
professional knowledge of the content of such
submissions throughout their preparation.
(7)
"Department" means the department of business regulation.
(8) "Director"
means the director of the department of business regulation or his or her
designee.
5-1-5. Board --
Rules and regulations -- Examination and registration powers. -- (a)
Subject to the approval of the director, the The board may
establish any rules and regulations for
the conduct of its own proceedings that it deems
appropriate.
(b) Subject to the
approval of the director, the The board
may establish suitable rules and
regulations for the examination and registration of
architects and also governing, the practice of
the profession of architecture, and the issuance
and renewal of certificates that it deems
appropriate, including rules for the issuance of
certificates by reciprocity. This
shall not include
any prohibition of employment of the registered
architect as he or she chooses.
(c) To be registered,
the applicant shall be required to pass examinations and grading
procedure of the national council of architectural
registration boards, provided that the applicant
is qualified under subsections 5-1-8(a) and 5-1-8(b).
(d) With the
assistance of the department, the The
board shall issue and renew
certificates to individuals who have qualified to
practice architecture under the provisions of this
chapter. The board may establish any rules and
regulations for the issuance and renewal of
certificates that it deems appropriate, including
rules for the issuance of certificates by
reciprocity.
Any party aggrieved by the board's decision regarding license issuance or
renewal
may, within ten (10) days of the decision, appeal the
matter to the director by submitting a written
request for a formal hearing to be conducted in
accordance with the provisions of section 5-1-
13.1.
(e) In addition to
its rulemaking authority, the The board
has the power to take all action
that is necessary and proper to effectuate the
purposes of this chapter, including the power to:
(1) Suspend, revoke
or annul certificates of registration and certificates of authorization
in accordance with the provisions of this chapter; Recommend that the director hold formal
hearings in accordance with the provisions of section
5-1-13.1 to determine whether to suspend,
revoke, annul, or take other permitted action with
respect to certificates of registration and
certificates of authorization in accordance with the
provisions of this chapter;
(2) Investigate all
complaints and charges of unprofessional conduct, including, but not
limited to, conduct specified under section 5-1-13,
against any licensee or any applicant for a
certificate of registration or certificate of
authorization, and to hold hearings, in accordance with
the provisions of section 5-1-13.1, to determine
whether the complaints and charges are
substantiated;
(3) Appoint one or more
members of the board, legal counsel, and/or an independent
investigator to act on behalf of the board in
investigating the conduct of any licensee, or of any
applicant for a certificate of registration or
certificate of authorization, or in the alternative to
appoint a probable cause committee to investigate this
conduct on its behalf. The committee is to
be comprised of licensees in good standing, as the board
determines;
(4) Issue subpoenas,
administer oaths, and summon and examine Examine
witnesses in
connection with any investigation conducted under the
authority of this chapter. If a subpoena is
disobeyed, the board may invoke the aid of any court
of competent jurisdiction in this state to
require the attendance and testimony of witnesses and
the production of documentary evidence.
(5) Enter into
consent agreements or informal resolutions with any party under
investigation for violations under this chapter and/or
chapter 5-84.
(6) Participate in
formal proceedings through representation by the department's legal
staff acting as the prosecuting agent before the
director.
(f) The board and its
members and agents are immune from personal liability for actions
taken in good faith in the discharge of the board's
responsibilities, and the state shall indemnify
the board and these members and agents for, and hold
them harmless from, any and all costs,
damages, and reasonable attorneys fees arising from or
related in any way to claims or actions
against them as to matters to which the immunity applies.The state shall indemnify the
department and/or board and the members, employees, or
agents thereof, and hold them harmless
from, any and all costs, damages, and reasonable
attorneys' fees arising from or related in any
way to claims or actions or other legal proceedings
taken against them for any actions taken in
good faith 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 power.
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 or
implying that the individual is an architect or is
competent to practice architecture in this state,
unless that individual holds a currently valid
certificate of registration/authorization issued
pursuant to this chapter or is specifically exempted
from holding a certificate under the provisions
of this chapter.
(b) No sole
proprietorship, partnership, limited liability partnership corporation, or
limited liability company shall:
(1) Practice or offer to
practice architecture in this state;
(2) Use any title,
sign, card, or device implying that the sole proprietorship, partnership,
limited liability partnership, corporation, or limited
liability company is competent to practice
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
words, 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, limited liability
partnership, corporation, or limited liability company
complies with the requirements of this chapter.
(c) Any individual,
sole proprietorship, 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 department,
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 pay
a fine of not more than one thousand dollars ($1,000)
for the first offense and a fine of not less
than one thousand dollars ($1,000) nor more than two
thousand dollars ($2,000) for each
subsequent offense, or imprisonment for not more than
one year, or both; and in the court's
discretion and upon good cause shown, reimburse the board
department for any and all fees,
expenses, and costs incurred by the department
and/or board in connection with the proceedings,
including attorneys fees (which amounts shall be
deposited as general revenues); and be subject
to, in the board's director's
discretion, public censure or reprimand.
(d) Either on his or
her own initiative or on the recommendation of the board, the
director 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 director
is not required to prove that an adequate remedy at law does not exist, or that
substantial or irreparable damage would result from
continued violations. The superior court, in
its discretion and in addition to any injunctive
relief granted to the board department, may order
that any person or entity in violation of this section
shall:
(1) Upon good cause
shown, reimburse the board department for any and all fees,
expenses, and costs incurred by the department
and/or board in connection with the proceedings,
including attorneys fees (which amounts shall be
deposited as general revenues); and/or
(2) Be subject to public
censure or reprimand.
5-1-13. Revocation
or suspension of certificates of registration or of authorization. --
(a) After notice and hearing as provided in section
5-1-13.1, the board director may in its
discretion:(1)
suspend, revoke, or annul, or take other permitted action with
respect to or refuse to
renew any
certificate of registration; and/or (2) suspend, revoke, or annul,
or take other permitted
action with respect to or refuse to renew any certificate of
authorization; and/or (3) publicly
censure, reprimand, or censure in writing; and/or (4)
limit the scope of practice of; and/or (5)
impose an administrative fine upon (not to exceed one
thousand dollars ($1,000) for each
violation); and/or (6) place on probation; and/or (7)
for good cause shown, order a reimbursement
of the department 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
(subsequently referred to as a licensee or licensees)
for any or more of the causes set out in
subsection (b) of this section.
(b) The board director
may take actions specified in subsection (a) of this section for any
of the following causes:
(1) Bribery, fraud,
deceit, or misrepresentation in obtaining a certificate of registration or
certificate of authorization;
(2) Practicing architecture
in another state, country, or jurisdiction in violation of the
laws of that state, country, or jurisdiction;
(3) Practicing
architecture in this state in violation of the standards of professional
conduct established by the board and approved by
the director;
(4) Fraud, deceit,
recklessness, gross negligence, misconduct, or incompetence in the
practice of architecture;
(5) Use of an
architect's stamp in violation of section 5-1-12;
(6) Violation of any of
the provisions of this chapter or chapter 5-84;
(7) Suspension or
revocation of the right to practice architecture before any state or
before any other country or jurisdiction;
(8) Conviction of or
pleading guilty or nolo contendere
to any felony, or to any crime of,
or act constituting a crime of, forgery, embezzlement,
obtaining money under false pretenses,
bribery, larceny, extortion, conspiracy to defraud, or
any other similar offense, in a court of
competent jurisdiction of this state or any other state
or of the federal government;
(9) Failure to furnish
to the department, board, or any person acting on behalf of the
department and/or board, within sixty (60) days of notification any information that may
be
legally requested by the department and/or
board;
(10) In conjunction
with any violation of subdivisions (1) -- (9) of this subsection, any
conduct reflecting adversely upon the licensee's
fitness to engage in the practice of architecture;
and
(11) In conjunction
with any violation of subdivisions (1) -- (9) of this subsection, any
other conduct injurious to the reputation of the
architectural profession.
5-1-13.1. Initiation
of proceedings -- Hearings before the board -- Appeals -- Notice
to other states. -- Initiation
of proceedings -- Hearings before the department -- Appeals --
Notice to other states. -- (a) The board director may initiate formal
proceedings under this
chapter against holders of a certificate of
registration and/or a certificate of authorization
(subsequently referred to as a licensee or licensees)
either on his or her its own motion, upon
recommendation of the board, 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 or jurisdiction of its decision to:
(1) Revoke, suspend,
annul, or refuse to renew the practice privileges granted in that
state or in that country or jurisdiction to the
licensee; or
(2) Publicly censure,
or censure in writing, limit the scope of practice of, impose an
administrative fine upon, or place on probation the
licensee.
(b) A written notice
stating the nature of the charge or charges against the licensee and
the time and place of the hearing before the board
department on the charges shall be served on
the licensee not less than twenty (20) days prior to
the date of the hearing either personally or by
mailing a copy of the notice by certified mail, return
receipt requested, to the address of the
licensee last known to the board.
(c) If, after being
served with the notice of hearing as provided for in this section, the
licensee fails to appear at the hearing and to defend
against the stated charges, the board
department
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 department may reopen the
proceedings and may permit the licensee to submit
evidence in his, her or on its behalf.
(d) (1) At any hearing
pursuant to 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 department or board by
counsel
or by the sole proprietor. A partnership or limited
liability partnership may be represented before
the department or board by counsel or any
partner of the partnership. A corporation may be
represented by counsel before the department or
board or by any shareholder, officer or director
of the corporation. A limited liability company may be
represented before the department or
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 director may issue subpoenas to compel the
attendance of witnesses and the production of
documents and may administer oaths, take
testimony, hear proofs and receive exhibits in
evidence in connection with or upon hearing
pursuant to this chapter. In case of disobedience to a
subpoena, the board director may petition
the superior court to require the attendance and
testimony of witnesses and the production of
documentary evidence.
(f) The board department
is not bound by strict rules of procedure or by laws of evidence
in the conduct of its proceedings, but any findings
of fact and conclusions of law made by
determination of the director board is must be based upon
sufficient legal evidence to sustain the
determination.
(g) A stenographic
record Recordings of all hearings pursuant to this section shall be
kept and a transcript of the record filed with the
board in accordance with the
department's rules
of procedure for administrative hearings.
(h) The decision of
the board shall be made by vote in accordance with the rules and
regulations established under section 5-1-5.
(i)(h)
Any appeal from the decision of the board director, by a person
or persons
adversely affected by the decision, is governed by
section 42-35-15.
(j)(i) On the director rendering a decision to: (1)
revoke, suspend, or annul, or refuse to
renew a
certificate of registration issued under the laws of this state; (2) revoke,
suspend, or annul
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, country, or 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, country, or jurisdiction
by mail of it’s the director's decision
pursuant to this section, and include in the notice an
indication as to whether or not the licensee
has appealed the decision.
(k)(j)
The board director may, in its his or her
discretion, order any licensee against
whom proceedings have been initiated under sections
5-1-13 and 5-1-13.1 to reimburse the board
department
for any fees, expenses, and costs incurred by the board department
and/or 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)(k)
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)(l)
The attorney general or his or her deputy department shall make
its legal staff
available to
act as legal advisor to the board and render any legal assistance that is
necessary in
carrying out the provisions of this chapter. The board
director may employ other counsel and
obtain other necessary assistance to be appointed
by the governor to aid in the enforcement of this
chapter, and the compensation and expenses for the
employment shall be paid from the fund of
the board department.
SECTION
2. Sections 5-8-2, 5-8-3, 5-8-8, 5-8-11, 5-8-13, 5-8-14, 5-8-18, 5-8-19,
5-8-20,
5-8-23 and 5-8-24 of the
General Laws in Chapter 5-8 entitled "Engineers" are hereby amended
to read as follows:
5-8-2.
Definitions. -- As used or within the intent of this chapter:
(a) "Accredited
program" means specific engineering curricula within established
institutions of higher learning that have both met the
criteria of, and have been designated by, the
Engineering Accreditation Commission of the
Accreditation Board for Engineering and
Technology, Inc. (ABET-EAC).
(b) "Board"
means the state board of registration for professional engineers subsequently
provided by this chapter.
(c)
"Engineer" means a person who, by reason of his or her special
knowledge and use of
the mathematical, physical, and engineering sciences
and the principles and methods of
engineering analysis and design, acquired by
engineering education and engineering experience,
is qualified to practice engineering, as subsequently
defined, and as attested by his or her
registration as an engineer.
(d)
"Engineer-in-training" means a person who complies with the
requirements for
education, experience, and character, and has passed
an examination in the fundamental
engineering subjects, as provided in sections 5-8-11
and 5-8-13.
(e) "National
Council of Examiners for Engineering and Surveying (NCEES)" is a
nationally recognized organization which assists state
boards and territorial boards to better
discharge their duties and responsibilities in
regulating the practice of engineering and land
surveying.
(f) (1) "Practice
of engineering" means any service or creative work, the adequate
performance of which requires engineering education,
training, and experience in the application
of special knowledge of the mathematical, physical,
and engineering sciences to services or
creative work such as consultation, investigation,
evaluation surveys, planning and design of
engineering systems, and the supervision of
construction for the purpose of assuring compliance
with specifications; and embracing those services or
work in connection with any public or
private utilities, structures, buildings, machines,
equipment, processes, work, or projects in which
the public welfare or the safeguarding of life,
health, or property is concerned.
(2) Any person shall be
construed to practice or offer to practice engineering, within the
meaning and intent of this chapter, who:
(i)
Practices any branch of the profession of engineering;
(ii) By verbal claim,
sign, advertisement, letterhead, card, or in any other way represents
himself or herself to be an engineer, or through the
use of some other title implies that he or she is
an engineer or that he or she is registered under this
chapter; or
(iii) Holds himself or
herself out as able to perform, or who does perform any
engineering service or work or any other service
designated by the practitioner or recognized as
engineering.
(g) "Professional
engineer" means a person who has been registered and licensed by the
state board of registration for professional
engineers.
(h) "Responsible
charge" means direct control and personal supervision of engineering
work.
(i)
"Rules and regulations" means that document of the same title, as
amended from time
to time, subject to the director's approval,
that has been adopted by the board and filed with the
secretary of state in accordance with sections
42-35-3(a), 42-35-4(b), and 5-8-8.
(j) "Department"
means the department of business regulation.
(k)
"Director" means the director of the department of business
regulation or his or her
designee.
5-8-3. Board --
Creation -- Duties -- Composition -- Appointments -- Terms. -- (a)
The duty of the board of engineers is to administer
those provisions of this chapter that relate to
the regulation of professional engineering and the
registration of professional engineers.
(b) The Subject
to the approval of the director, the board of engineers shall establish any
rules and regulations for the conduct of its own
proceedings, for examination of applicants, for
registration of professional engineers and
engineers-in-training, for continuing education
requirements, for conducting disciplinary proceedings
to include investigating complaints to the
board and for governing the practice of engineering
all that it deems appropriate.
(c) (1) Members of the
board are subject to the provisions of chapter 14 of title 36. The
board consists of five (5) persons, who are appointed
by the governor, and must have the
qualifications required by section 5-8-4. Each member
of the board shall receive a certificate of
his or her appointment from the governor and shall
file with the secretary of state his or her
written oath or affirmation for the faithful discharge
of his or her official duty. Appointments to
the board shall be in the manner and for a period of
time that the term of each member expires at
a different time. On the expiration of the term of any
member, the governor shall in the manner
previously provided appoint for a term of five (5)
years a registered professional engineer having
the qualifications required in section 5-8-4. A member
may be reappointed to succeed himself or
herself, but shall not serve more than two (2) full
consecutive terms. Each member may hold
office until the expiration of the term for which
appointed or until a successor has been appointed
and has qualified.
(2) The board shall
designate and establish a system of registration by discipline not later
than December 31, 1994, and shall subsequently
administer that registration system.
(3) The registration
system shall provide, at a minimum, for the registration of:
(i)
Civil engineers;
(ii) Chemical
engineers;
(iii) Electrical
engineers;
(iv) Mechanical
engineers;
(v) Structural
engineers;
(vi) Environmental
engineers; and
(vii) Fire protection
engineers.
(4) The board may
establish additional classifications by rule and regulation subject to
the approval of the director.
(5) Classification of
disciplines shall conform to the standards established by the
NCEES. Nothing in this section shall be construed to
limit the registration of a qualified applicant
to only one discipline.
(d) The board shall
annually provide a written report to the director of the department of
business regulation presenting 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. After reviewing the board's report, the
director shall submit a copy of the report with his or
her comments on the performance of the board, its
compliance with this chapter and the director's
recommendations, to the governor, the general
assembly, and the board.
5-8-8. Board --
Powers. -- (a) (1) The Subject to the approval of the
director, the board
has the power to adopt and amend all bylaws and rules
of procedure, not inconsistent with the
constitution and laws of this state or this chapter,
which may be reasonably necessary for the
proper performance of its duties.
(2) The board shall adopt
and have an official seal, which is affixed to each certificate
issued.
(b) In carrying into
effect the provisions of this chapter, the board, under the hand of its
chairperson and the seal of the board, may recommend
that the director subpoena witnesses and
compel their attendance, and also may recommend
that the director order require the submission
of books, papers, documents, or other pertinent data,
in any disciplinary matters, or in any case in
which a violation of this chapter or chapter 5-84
is alleged. Upon failure or refusal to comply with
that order of the board, or upon failure to
honor the its subpoena, as provided in this section, the
director board
may apply to a court of any jurisdiction to enforce compliance with that order
or
subpoena.
(c) Either on his or
her own initiative or on the recommendation of the board, the director
the board 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 violation of the
provisions of this chapter. In injunction proceedings, it
shall not be 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. The department
and/or
members of the board are not personally liable under this proceeding.
(d) The state shall
indemnify the department and/or board and the members, employees,
or agents thereof, and hold them harmless from, any
and all costs, damages, and reasonable
attorneys' fees arising from or related in any way to
claims or actions or other legal proceedings
taken against them for any actions taken in good faith
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 power.
5-8-11. General
requirements for registration or certification. -- (a) Engineer or
engineer-in-training. To be eligible for registration
as a professional engineer or certification as
an engineer-in-training, an applicant must be of good
character and reputation and shall submit
five (5) references with his or her application for registration,
three (3) of which references shall
be registered engineers having personal knowledge of
his or her engineering experience, or in the
case of an application for certification as an
engineer-in-training, by three (3) character
references.
(b) The following shall
be considered minimum evidence satisfactory to the board that
the applicant is qualified for registration as a
professional engineer or for certification as an
engineer-in-training, respectively:
(1) As a professional engineer:
(i)
Registration by endorsement. (A) A person holding a current certificate of
registration
to engage in the practice of engineering, on the basis
of comparable written examinations, issued
to him or her by either a proper authority of a state,
territory, or possession of the
the District of
requirements of this chapter, based on verified
evidence may, upon application, be registered
without further examination.
(B) A person holding a
certificate of qualification issued by the National Council of
Examiners for Engineering and Surveying, whose
qualifications meet the requirements of this
chapter, may, upon application, be registered without
further examination, provided he or she is
qualified.
(ii) Graduation from an
accredited program, experience and examination. A graduate of
or senior enrolled in an ABET-EAC accredited
engineering curriculum of four (4) years or more
approved by the board as being of satisfactory
standing, shall be admitted to an eight (8) hour
written
examination in the fundamentals of engineering. Upon passing this examination
and
obtaining a specific record of a minimum of four (4)
years of experience in engineering work of a
grade and character which indicates to the board that
the applicant may be competent to practice
engineering, the applicant may be admitted to an eight
(8) hour written examination in the
principles and practice of engineering. The graduate having
a specific record of twelve (12) years
or more of experience in engineering work of a grade
and character which indicates to the board
that the applicant may be competent to practice
engineering, shall be admitted to an eight (8) hour
written examination
in the principles and practice of engineering. Upon passing that examination,
the applicant shall be granted a certificate of
registration to practice engineering in this state,
provided he or she is qualified.
(iii) Graduation from a non-accredited
program, experience, and examination. A
graduate of or senior enrolled in an engineering
curriculum of four (4) years or more other than
those approved by the board as being of satisfactory
standing shall be admitted to an eight (8)
hour written
examination in the fundamentals of engineering. Upon passing this examination
and
obtaining a specific record of a minimum of four (4)
years of experience in engineering work of a
grade and character which indicates to the board that
the applicant may be competent to practice
engineering, the applicant may be admitted to an eight
(8) hour written examination in the
principles and practice of engineering. Upon passing
these examinations, the applicant shall be
granted a certificate of registration to practice
engineering in this state, provided he or she is
qualified.
(iv) Teaching.
Engineering teaching in a college or university offering an ABET-EAC
accredited engineering curriculum of four (4) years or
more may be considered as engineering
experience.
(v) Engineers previously
registered. Each engineer holding a certificate of registration
and each engineer-in-training under the laws of this
state as previously in effect shall be deemed
registered as an engineer or engineer-in-training as
appropriate under this chapter.
(2) As an
engineer-in-training: the following is considered as minimum evidence that the
applicant is qualified for certification as an
engineer in training:
(i)
Graduation and examination. A graduate of an ABET-EAC accredited engineering
curriculum of four (4) years or more who has passed
the board's eight (8) hour written
examination in the fundamentals of engineering shall
be certified or enrolled as an engineer-in-
training, if he or she is qualified.
(ii) Graduation from a
non-accredited program and examination. A graduate of a non-
accredited engineering curriculum of four (4) years or
more who has passed the board's eight (8)
hour written
examination in the fundamentals of engineering and has obtained two (2) years
of
engineering experience of a grade and character
approved by the board shall be certified and
enrolled as an engineer in training, if he or she is
qualified.
(iii) Duration of
engineer in training certification. The certification or enrollment of an
engineer in training shall be valid for a minimum
period of twelve (12) years.
5-8-13.
Examinations. -- (a) Written examinations Examinations
shall be held twice
each year at
the times and places that the board determines. Examinations required on
fundamental engineering subjects may be taken as
provided in § 5-8-11. The principles and
practice examinations may not be taken until the
applicant has completed a period of engineering
experience as prescribed in § 5-8-11.
(b) The passing grade on
any examination shall not be less than seventy percent (70%) as
established by NCEES. A candidate failing one
examination may apply for reexamination, which
may be granted upon payment of a fee to cover the
charges and expenses of examination and
scoring. Any candidate for registration having an
average grade of less than fifty percent (50%)
may not apply for reexamination for one year. Any
candidate for certification or registration
failing an examination three (3) or more times must
appear before the board in person to request
permission to be reexamined in accordance with the
board's rules and regulations.
5-8-14.
Certificates of registration-Enrollment cards-Seals.-- (a) With the
assistance
of the department, the The board shall
issue and renew a certificate of registration, upon payment
of the registration fee as provided for in this
chapter, to any applicant, who, in the opinion of the
board, has met the requirements of this chapter.
Enrollment cards shall be issued to those who
qualify as engineers-in-training. Certificates of
registration shall carry the designation
“professional engineer”, show the full name of the
registrant without any titles, have a serial
number and shall be signed by the chairperson of the
board.
(b) The issuance of a
certificate of registration by the board is prima facie evidence that
the person named in the certificate is entitled to all
rights and privileges of a professional engineer
while the certificate remains unrevoked or unexpired.
(c) Each registrant
under this chapter may, upon registration obtain a seal of the design
authorized by the board bearing the registrant's name,
serial number, and the legend “Registered
professional engineer”. Final engineering drawings,
specifications, plats, and reports prepared by
a registrant shall be, when issued, signed, dated, and
stamped with his or her seal or facsimile of a
seal. It is unlawful for an engineer to affix, or permit
his or her seal or facsimile of a seal to be
affixed, to any work of which the engineer has not
been responsibly charged to any engineering
drawings, specifications, plats, or reports after
expiration of a certificate or for the purpose of
aiding or abetting any other person to evade or
attempt to evade any provision of this chapter.
(d) Any party
aggrieved by the board’s decision regarding license issuance or renewal
may, within ten (10) days of the decision, appeal the
matter to the director by submitting a written
request for a formal hearing to be conducted in
accordance with the provisions of section 5-8-18.
5-8-18. Suspension,
refusal to renew, and revocation of certificates-Complaints-
Hearings.—Suspension and revocation of certificates – Complaints
– Hearings.-- (a) After
notice and a hearing as provided in this section, the director
board may in his or her its discretion
or upon recommendation of the board: (1) suspend, revoke, or take other permitted
action with
respect to refuse
to renew any certificate of registration; (2) revoke, or
suspend or take other
permitted action with respect to 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 department 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, referred to as licensee(s),
for any one or more of the causes set out in
subsection (b) of this section.
(b) The director board
may take actions specified in subsection (a) of this section for any
of the following causes:
(1) Bribery, fraud,
deceit, or misrepresentation in obtaining a certificate of registration or
certificate of authorization;
(2) Practicing
engineering in another state or country or jurisdiction in violation of the
laws of that state or country or jurisdiction;
(3) Practicing
engineering in this state in violation of the standards of professional
conduct established by the board and approved by
the director;
(4) Fraud, deceit,
recklessness, gross negligence, misconduct, or incompetence in the
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 or chapter 5-84;
(7) Suspension or
revocation of the right to practice engineering before any state or
before any other country or jurisdiction;
(8) Conviction of or
pleading guilty or nolo contendere
to any felony or to any crime of,
or an act constituting a crime of, forgery,
embezzlement, obtaining money under false pretenses,
bribery, larceny, extortion, conspiracy to defraud, or
any other similar offense or offenses
involving moral turpitude, in a court of competent
jurisdiction of this state or any other state or of
the federal government;
(9) Failure to furnish
to the department and/or board or any person acting on behalf of the
department and/or board in a reasonable time any information that may be legally
requested by
the department and/or board;
(10) In conjunction with
any violation of subdivisions (1)--(9) of this subsection, any
conduct reflecting adversely upon the licensee's
fitness to engage in the practice of engineering;
and
(11) In conjunction with
any violation of subdivisions (1)--(9) of this subsection, any
other conduct discreditable to the engineering
profession.
(c) Any person may file
complaints of fraud, deceit, gross negligence, incompetence, or
misconduct against any registrant. Those charges shall
be in writing, sworn to by the person or
persons making them and filed with the board.
(d) All charges, unless
dismissed by the director board as unfounded or trivial, shall be
heard by the director board within six
(6) months after the date on which they have been properly
filed or within six (6) months following resolution of
similar charges that have been brought
against a registrant who is before another regulatory
body.
(e) The time and place
for the hearing pursuant to subsection (d) of this section shall be
fixed by the department board, and a
copy of charges, together with a notice of the time and place
of hearing, shall be personally served on or mailed to
the last known address of the registrant, at
least thirty (30) days before the date fixed for the
hearing. At any hearing, the accused registrant
shall have the right to appear personally and/or by
counsel, to cross-examine witnesses appearing
against him or her, and to produce evidence and
witnesses in his or her own defense. The board
may participate in formal proceedings through
representation by the department’s legal staff
acting as the prosecuting agent before the director.
(f) If, after the
hearing pursuant to subsection (d) of this section, the evidence is in favor
of sustaining the charges, the director board
may in his or her its discretion suspend, refuse to
renew, or
revoke, or take other permitted action with respect to the certificate
of registration or
certificate of authorization, or publicly censure the
licensee, or take any other action and/or order
any other penalty permitted by this section. The department
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
The board or the department may on its
own motion investigate the
conduct of an applicant, engineer, sole
proprietorship, partnership, limited liability partnership,
corporation, limited liability company or individual.
(h) Nothing in this
chapter shall be construed to prohibit the board from entering into
consent agreements or informal resolutions with any
party under investigation for violations
under this chapter and/or chapter 5-84.
5-8-19. Appeals.
-- Any person, sole proprietorship, partnership, limited liability
partnership, corporation or limited liability company
aggrieved by any decision or ruling of the
department 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, limited liability partnership, corporation or
limited liability company shall: (1) practice or offer
to practice engineering in this state; (2) use
any title, sign, card, or device implying that the
sole proprietorship, partnership, limited liability
partnership, corporation or limited liability company
is competent to practice engineering in this
state; (3) use in connection with its name or
otherwise any title or description conveying or
tending to convey the impression that the entity is an
engineering firm or is competent to practice
engineering in this state; or (4) use or display any
words, letters, figures, seals, or advertisements
indicating that the entity is an engineering firm or
is competent to practice engineering in this
state; unless that sole proprietorship, partnership,
limited liability partnership, corporation or
limited liability company complies with the
requirements of this chapter.
(c) Any individual, sole
proprietorship, partnership, limited liability partnership,
corporation or limited liability company which: (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 department,
board or to any member or employee
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
pay a fine of not more than one thousand dollars
($1,000) for the first offense and a fine of not
less than one thousand dollars ($1,000) nor more than
two thousand dollars ($2,000) for each
subsequent offense, or imprisonment for not more than
one year, or both; and in the court's
discretion and upon good cause shown reimburse the department
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 be subject to, in the director’s
board’s
discretion, public censure or reprimand.
(d) The board Either
on his or her own initiative or on the recommendation of the board,
the director
has the power to institute injunction proceedings in superior court to prevent
violations of subsection (a) or (b) of this section or
violations of § 5-8-1. In injunction
proceedings, the director 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 department
board, may
order that any person or entity in violation of this section shall:
(1) Upon good cause
shown reimburse the board department for any and all fees,
expenses, and costs incurred by the board and/or
the department in connection with the
proceedings, including attorneys fees, which amounts
shall be deposited as general revenues;
and/or
(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 department shall make
its legal
staff available to act as legal adviser to the board and render any legal assistance that
is necessary
in carrying out the provisions of this chapter. The director
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 § 5-8-23.
5-8-23. Deposit of
fees.-- (a) The proceeds of any fees collected pursuant to the
provisions of this chapter shall be deposited as
general revenues.
(b) The board is
empowered to collect any fees and charges that are prescribed in this
chapter and to apply those fees and charges to the
cost of fulfilling the requirements and
responsibilities of this chapter. The board shall
share proportionately with the board of
registration of professional land surveyors the
expenses of operating the two boards.
5-8-24. Sole
proprietorship, partnership, limited liability partnership, corporate and
limited liability company.-- (a) The
practice or offer to practice engineering as defined by this
chapter by a sole proprietorship, partnership, limited
liability partnership, corporation or a limited
liability company subsequently referred to as the
“firm”, through individuals is permitted;
provided, that the individuals: (1) are in direct
control of the practice; (2) exercise personal
supervision of all personnel who act in behalf of the
firm in professional and technical matters;
and (3) are registered under the provisions of this
chapter; and provided, that the firm has been
issued a certificate of authorization by the board of
engineers.
(b)(1) Within one year
after enactment of this chapter, every firm must obtain a
certificate of authorization from the board and those
individuals in direct control of the practice
and who exercise direct supervision of all personnel
who act in behalf of the firm in professional
and technical matters must be registered with the
board. The certificate of authorization shall be
issued by the board, with the assistance of the
department, upon satisfaction of the provisions of
this chapter and the payment of a fee not to exceed
one hundred fifty dollars ($150). This fee is
waived if the firm consists of only one person who is
the person in responsible charge.
(2) Every firm desiring
a certificate of authorization must file with the board an
application for a certificate of authorization on a
form to be provided by the board. A separate
form provided by the board shall be filed with each
renewal of the certificate of authorization and
within thirty (30) days of the time any information
previously filed with the board has changed, is
no longer true or valid, or has been revised for any
reason. If, in its judgment, the information
contained on the application and renewal form is
satisfactory and complete, the board, with the
assistance of the department, will issue a certificate of authorization for the
firm to practice
engineering in this state.
(3) No firm that has
been granted a certificate of authorization by the board shall be
relieved of responsibility for modification or
derivation of the certificate, unless the board has
issued for the applicant a certificate of
authorization or a letter indicating the eligibility of the
applicant to receive the certificate. The firm
applying shall supply the certificate or letter from the
board with its application for incorporation,
organization or registration as a foreign corporation.
(c) Any party
aggrieved by the board’s decision regarding license issuance or renewal
may, within ten (10) days of the decision, appeal the matter
to the director by submitting a written
request for a formal hearing in accordance with the
provisions of section 5-8-18.
SECTION
3. Sections 5-8.1-2, 5-8.1-4, 5-8.1-9, 5-8.1-10, 5-8.1-12, 5-8.1-15, 5-8.1-16,
and 5-8.1-17 of the General
Laws in Chapter 5-8.1 entitled "Land Surveyors" are hereby amended
and/or added 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)
"Experience" means combined office and field work in land surveying
satisfactory to
the board, including any work which is performed under
the direct control and personal
supervision of a professional land surveyor.
(8) "Land
surveyor-in-training" means a person who has qualified for, taken and
passed
an examination in the fundamentals of land surveying.
(9) "NCEES"
means the National Council of Examiners for Engineering and Surveying.
(10)
"Part-time" means any type of employment or work engagement that
requires less
than twenty (20) hours of labor per week.
(11) "Practice of
land surveying" means any service or work, the adequate performance
of which involves the application of special knowledge
of the principles of mathematics, the
related physical and applied sciences and the relevant
requirements of law for adequate evidence
to perform the act of measuring and locating lines,
angles, elevations, natural and manmade
features in the air, on the surface of the earth,
within underground workings, and on the beds of
bodies of water for the purpose of determining areas
and volumes, for the monumenting of
property boundaries and for the platting and layout of
lands and their subdivisions, including the
topography, alignment, and grades of streets and for
the preparation of maps, record plats, field
note records and property descriptions that represent
these surveys.
(12) "Practice or
offer to practice" means a person who engages in land surveying, or
who by verbal claim, sign, letterhead, card or in any
other way represents himself or herself to be
a professional land surveyor.
(13)
"Principal" means an individual who is a registered professional land
surveyor and
who is an officer, shareholder, director, partner,
member, manager or owner of that organization
and who is in responsible charge of an organization's
professional practice for which he or she is
registered.
(14) "Professional
land surveyor" means a person who has been duly registered as a
professional land surveyor by the board established
under this chapter, and who is a professional
specialist in the technique of measuring land,
educated in the basic principles of mathematics, the
related physical and applied sciences and the relevant
requirements of law for adequate evidence
and all to surveying of real property and engaged in
the practice of land surveying as defined in
this section.
(15)
"Registrant" means an individual who has been issued a certificate of
registration by
the board of professional land surveyors.
(16) "Registrant's
seal" means an emblem of a type, shape, and size and as specified by
the board of registration of professional land
surveyors for use by an individual registrant to
stamp legal descriptions final drawings,
specifications, and reports.
(17) "Related
curriculum" means an educational program of sufficient length and
academic quality and content to satisfy the board.
(18) "Responsible
charge" means direct control and personal supervision of the work
performed. No person may serve in responsible charge
of land surveying work done in Rhode
Island unless that person is registered as a
professional land surveyor by the board.
(19) "Rules and
regulations" means that document of the same title, as amended from
time to time, subject to the director’s approval,
that has been duly adopted by the board of
professional land surveyors, and which prescribes the
manner in which that board administers its
affairs and establishes rules of conduct, procedures,
and standards for adherence by all persons
registered by the board, filed with the secretary of
state in accordance with the provisions of §§
42-35-3(a) and 42-35-4(b), and this chapter.
(20) “Department”
means the department of business regulation.
(21) “Director” means
the director of the department of business regulation or his or her
designee.
5-8.1-4. 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 Subject
to the director’s approval, 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 July 12, 1990,
the rules and regulations in effect prior to that date shall 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 With
the assistance of the department, the board of land surveyors shall issue and
renew certificates
of registration to individuals who have qualified to practice professional land
surveying under the provisions of this chapter.
(e) The director, on
his or her own motion or upon recommendation of the board of
professional land surveyors, has the power to
suspend, refuse to renew, or revoke, or take other
permitted action with respect to certificates of registration in accordance with the
provisions of
this chapter. In all disciplinary proceedings brought
pursuant to this chapter, the director 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 director board
may apply to a court of any jurisdiction to enforce
compliance with the order.
(f) The board of
professional land surveyors Either on his or her own initiative or on
the
recommendation of the board, the director 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 department and/or 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. The state shall indemnify
the
department and/or board and the members, employees, or
agents thereof, and hold them harmless
from, any and all costs, damages, and reasonable
attorneys' fees arising from or related in any
way to claims or actions or other legal proceedings
taken against them for any actions taken in
good faith 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 power.
(h) The department
and/or 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.
5-8.1-9. Board of
registration for professional land surveyors – Application and
qualification for registration. -- (a)
Application for registration as a professional land surveyor
or certification as a surveyor-in-training shall be
made, in writing, on a form prescribed and
furnished by the board of land surveyors. The
application shall:
(i)
Contain statements made under oath;
(ii) Show the
applicant's education;
(iii) Contain a detailed
summary of the applicant's technical and professional experience;
and
(iv) Designate
references as described in this section.
(b) The fee established
in § 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.
(c) 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 which are from
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 shall be
granted the certificate without first
completing a surveyor-in-training program as
prescribed and approved by the board.
(d) To be eligible for
certification as a surveyor-in-training, an applicant must be of good
character and reputation substantiated by an interview
with a quorum of the board of registration
and additionally must submit three (3) character
references one of which must be from a
professional land surveyor.
(e) One of the following
shall be 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 survey degree program, experience and
examination.
A graduate of a four (4) year survey degree program
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. After receiving the surveyor-in-training
certificate the applicant will need a specific record
of a minimum four (4) years of experience in
land surveying. This verified experience shall be
under the direct supervision of a registered
professional land surveyor, satisfactory to the board
and shall be broken down as follows. At a
minimum twenty percent (20%) shall be field
experience, twenty percent (20%) shall be research,
deed evidence, reconciliation, etc. and twenty percent
(20%) shall be property line calculations
and determination. Once the experience has been deemed
satisfactory to the board, the applicant
may be admitted to a six (6) hour written an
examination in the principles and practice of land
surveying plus an additional two (2) hour written
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 degree program, experience and examination. A
graduate of a four (4) year degree program who has
also fulfilled the four (4) year core
curriculum (see paragraph (iii) below) 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. After
receiving the surveyor-in-training certificate the
applicant will need a specific record of a minimum
five (5) years of experience in land surveying.
This verified experience shall be under the direct
supervision of a registered professional land
surveyor, satisfactory to the board and shall be
broken down as follows: At a minimum twenty
percent (20%) shall be field experience; twenty
percent (20%) shall be research, deed evidence,
reconciliation, etc. and twenty percent (20%) shall be
property line calculations and
determination. Once the experience has been deemed
satisfactory to the board, the applicant may
be admitted to a six (6) hour written an
examination in the principles and practice of land
surveying plus an additional two (2) hour written
examination, the applicant is granted a certificate of
registration to practice land surveying in this
state, provided the applicant is qualified.
(iii) Four (4) year core
curriculum. An applicant with a four (4) year degree as described
in paragraph (ii) above may need to take additional
courses to fulfill, at a minimum, the following
core curriculum. For the following list of classes any
equivalent class may be taken and any
survey related course may be substituted upon approval
of the board:
(A) Surveying I (3
credit hours), Surveying II (3 credit hours).
(B) GPS & Geodetic
control (3 credit hours).
(C) Photogrammetry
and remote sensing (3 credit hours).
(D) Boundary adjustment
computations (3 credit hours).
(E) Land
development/planning (3 credit hours).
(F) Geographic/land
information systems (3 credit hours).
(G) Physics I with lab
(4 credit hours).
(H) Calculus I (4 credit
hours), Calculus II (4 credit hours).
(I) Statistical analysis
(3 credit hours).
(J) Law (12 credit
hours): boundary law, law of contracts, law of property, estates &
trusts, professional ethics.
(K) Business (9 credit
hours): Quantitative business analysis I, business administration,
small business management, micro economics.
(L) Science (9 credit
hours): geology, astronomy, soils, dendrology, chemistry, biology,
ecology.
(M) Computer usage (12
credit hours): introduction to computers, computer science,
computer programming, AutoCAD basics, AutoCAD
advanced.
(N) English composition
(3 credit hours).
(O) Advanced
communication (6 credit hours): technical writing, creative writing or
speech.
(iv) Graduation from a
two (2) year survey degree program, experience, and
examination. A graduate of a two (2) year survey
degree program 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. After receiving the
surveyor-in-training certificate the applicant will
need a specific record of a minimum six (6)
years of verified experience in land surveying. (Four (4)
of the years of experience shall be after
receiving a surveyor-in-training certificate). All six
(6) years of experience shall be under the
direct supervision of a registered professional land
surveyor, satisfactory to the board and shall be
broken down as follows: At a minimum twenty percent
(20%) shall be field experience, twenty
percent (20%) shall be research, deed evidence,
reconciliation, etc. and twenty percent (20%)
shall be property line calculations and determination.
Once the experience has been deemed
satisfactory to the board, the applicant may be
admitted to a six (6) hour written an 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 degree program, experience, and examination. A
graduate of a two (2) year degree program who has also
fulfilled the two (2) year core curriculum
(see paragraph (vi) below) 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. After
receiving the surveyor-in-training certificate the
applicant will need a specific record of a minimum
seven (7) years of verified experience in land
surveying. (Four (4) of the years of experience shall
be after receiving a surveyor-in-training
certificate). All seven (7) years of experience shall
be under the direct supervision of a registered
professional land surveyor, satisfactory to the board
and shall be broken down as follows: At a
minimum twenty percent (20%) shall be field
experience; twenty percent (20%) shall be research,
deed evidence, reconciliation, etc. and twenty percent
(20%) shall be property line calculations
and determination. Once the experience has been deemed
satisfactory to the board, the applicant
may be admitted to a six (6) hour written an
examination in the principles and practice of land
surveying plus an additional two (2) hour written
examination, the applicant is granted a certificate of
registration to practice land surveying in this
state, provided the applicant is qualified.
(vi) Two (2) year core
curriculum. An applicant with a two (2) year degree as described
in paragraph (v) above may need to take additional
courses to fulfill, at a minimum, the following
core curriculum. For the following list of classes any
equivalent class may be taken and any
survey related course may be substituted upon approval
of the board:
(A) Surveying I (3 credit
hours), Surveying II (3 credit hours).
(B) Mathematics (12
credit hours): advanced algebra, analytical trigonometry, analytical
geometry, spherical trigonometry, statistical analysis
or quantitative business analysis I,
Analytical trigonometry and analytical geometry are
mandatory classes to fulfill the (12 credit
hours).
(C) Business and law (6
credit hours): legal principles, business administration, law of
contracts, law of property, estates & trusts,
professional ethics.
(D) Science (6 credit
hours): physics, geology, astronomy, soils, dendrology, chemistry,
biology, ecology.
(E) Computer usage (6
credit hours): introduction to computers, computer science,
computer programming, AutoCAD basics, AutoCAD
advanced.
(F) English composition
(3 credit hours).
(G) Advanced
communication (6 credit hours): technical writing, creative writing or
speech.
(vii) Graduation from a
two (2) year 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 direct 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
an
examination in the principles and practice of land surveying plus an additional
two (2) hour
written
certificate of registration to practice land surveying
in this state, provided the applicant is
qualified. This subsection expires at midnight,
December 31, 2009.
(viii) 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)
verified 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 those
examinations, the
applicant is granted a surveyor-in-training
certificate in the state. This subsection does not exempt
the applicant from the required degree or the
experience after obtaining the surveyor-in-training
certificate (LSIT).
(ix) 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.
(x) Registration by
comity or endorsement. A person holding a current certificate of
registration to engage in the practice of land
surveying issued to him or her by a proper authority
of a state, territory, or possession of the
the time they were licensed, met the existing
applicants applying under this section must have
passed the written examinations in the
fundamentals of land surveying and the principles and
practice of land surveying. If, based upon
verified evidence and the opinion of the board, the
applicant meets all appropriate requirements
of this section, the applicant will be allowed to take
the two (2) hour written
portion. Upon passing this examination the applicant
shall be granted a certificate of registration
to practice land surveying in this state, provided the
applicant is qualified.
(f) 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.
(g) 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 shall be deemed
registered as a professional land surveyor under this
chapter.
(b)
Surveyors-in-training previously registered. Each surveyor-in-training
previously
enrolled under the laws of this state as previously in
effect shall be deemed enrolled under this
chapter.
(c) Certificates of
registration. The With the assistance of the department, 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 judgment of the board, has met the
requirements of this chapter. Enrollment cards are
issued to those who qualify as surveyors-in-
training. The certificate of registration shall:
(1) Carry the
designation “professional land surveyor”;
(2) Show the full name
of the registrant, without any titles;
(3) Have a serial
number; and
(4) Be signed by both
the chairperson and secretary of the board of land surveyors.
(d) Effect of
certification. The issuance of a certificate of registration by the board of
land
surveyors is prima facie evidence that the person
named in the certificate is entitled to all rights
and privileges of a professional land surveyor while
the certificate of registration remains
unrevoked or unexpired.
(e) Expiration and
renewals. Certificates of registration that expire are invalid, rendering
practice authorized on the basis of that certificate
illegal. It is the duty of the board of land
surveyors to notify every person registered under this
chapter of the date of the expiration of his
or her certificate and the amount of the fee required
for its renewal. That notice shall be mailed to
the registrant at his or her last known address at
least one month in advance of the date of the
expiration of that certificate and it is the responsibility
of each person registered under this
chapter to renew his or her certificate of
registration prior to its expiration. Renewal may be
effected at any time prior to or during the month of
June of each odd-numbered year (meaning
biennially) commencing in year 2003 (provided, that
any said renewal shall be post-marked no
later than June 30th in that year in order to be
valid), or at any other time that the law provides
for, by the payment of the fee required by this
chapter. Renewal of an expired certificate may be
effected, with the director’s approval, within
a period of four (4) years, provided, that evidence is
submitted to the board of land surveyors attesting to
the continued competence and good
character of the applicant. The amount to be paid for
the renewal of a certificate after the date of
expiration shall be double the regular fee. In the
event renewal is not made before the end of the
second year, the board of land surveyors may require
any re-examination that it deems
appropriate and the amount to be paid for the renewal
shall be as stated in this section.
(f) Lapsed certificates.
Any registrant who allows his or her certificate of registration to
lapse for more than four (4) years shall reapply for
registration in accordance with the
requirements stated in § 5-8.1-9.
(g) 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 § 5-8.1-11.
(h) Any party
aggrieved by the board’s decision regarding license issuance or renewal
may, within ten (10) days of the decision, appeal the
matter to the director by submitting a written
request for a formal hearing to be conducted in
accordance with the provisions of section 5-8.1-
15.
5-8.1-12. Board of
registration for professional land surveyors-Official stamp of
professional land surveyor.-- (a) A registrant under this chapter may obtain a
of the design authorized by the board of land
surveyors, bearing the registrant's name, registration
number, and the legend “Professional Land Surveyor”.
Final surveys, drawings, reports, plats,
replats, plans, legal descriptions, and calculations prepared
by a registrant shall, when issued, be
signed, dated, and stamped with the seal or facsimile
of a seal. It is unlawful for a land surveyor
to affix, or permit his or her seal or facsimile of a
seal to be affixed, to any survey, drawing,
report, plan, legal descriptions, plat, replat, report, legal description or calculations after
expiration of a certificate or for the purpose of
aiding or abetting any other person to evade or
attempt to evade any provisions of this chapter. It is
unlawful for any person other than the
registered land surveyor who has signed and sealed the
survey, drawing, plan, plat, replat, report,
legal description or calculations to modify, change,
amend, add, or delete any data, information,
lines, angles, or areas shown on the survey, drawing,
plan, plat, replat, or report.
(b) Upon revocation or
suspension of his or her certificate of registration, or upon
expiration of the certificate without renewal, a
professional land surveyor shall surrender his or
her stamp to the board of land surveyors. The director
board has the power to institute
proceedings in superior court to enforce this
subsection.
(c) Upon the death of
any professional land surveyor registered under this chapter, that
person(s) appointed to administer the estate of the
decedent shall surrender the stamp of the
deceased professional land surveyor to the board of
land surveyors. The director board has the
power to institute proceedings in superior or probate
court to enforce this subsection.
5-8.1-15. Board of
registration for professional land surveyors-Disciplinary actions.-
- (a) Revocation, suspension, and censure. After notice
and a hearing as provided in this section,
the director board of land surveyors may
in his or her its discretion or upon recommendation of
the board:
(1) suspend, or revoke, or take other permitted action with respect
to refuse to renew
any certificate of registration; (2) revoke, or
suspend or take other permitted action with respect to
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; (6)
place on probation; and/or (7) for good cause
shown order a reimbursement of the department 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) of this section.
(b) Grounds. The director
board may take actions specified in subsection (a) of this
section for any of the following causes:
(1) Bribery, fraud,
deceit, or misrepresentation in obtaining a certificate of registration or
certificate of authorization;
(2) Practicing land
surveying in another state or country or jurisdiction in violation of the
laws of that state, country, or jurisdiction;
(3) Practicing land
surveying in this state in violation of the standards of professional
conduct established by the board and approved by
the director;
(4) Fraud, deceit,
recklessness, gross negligence, misconduct, or incompetence in the
practice of land surveying;
(5) Use of a land
surveyor's stamp in violation of § 5-8.1-12;
(6) Violation of any of
the provisions of this chapter or chapter 5-84;
(7) Suspension or
revocation of the right to practice land surveying before any state or
before any other country or jurisdiction;
(8) Conviction of or
pleading guilty or nolo contendere
to any felony or to any crime of,
or an act constituting a crime of, forgery,
embezzlement, obtaining money under the false
pretenses, bribery, larceny, extortion, conspiracy to
defraud, or any other similar offense or
offenses involving moral turpitude, in a court of
competent jurisdiction of this state or any other
state or of the federal government;
(9) Failure to furnish
to the department and/or board or any person acting on behalf
thereof in a reasonable time such information as may
be legally requested by the department
and/or
board;
(10) In conjunction with
any violation of subdivisions (1)-(9) of this subsection, any
conduct reflecting adversely upon the registrant's
fitness to engage in the practice of land
surveying; and
(11) In conjunction with
any violation of subdivisions (1)-(9) of this subsection, any other
conduct discreditable to the land surveying
profession.
(c) Procedures. (1) Any
person may prefer charges of fraud, deceit, gross negligence,
incompetence, or misconduct against any applicant or
registrant. In addition, the department or
board may, on its own motion, investigate the conduct
of an applicant or registrant of the board,
and may in appropriate cases file a written statement
of charges with the secretary of the board.
The charges shall be in writing and shall be sworn to
by the person or persons making them and
shall be filed with the board of land surveyors. All
charges, unless dismissed by the director board
of land surveyors as unfounded or trivial, shall be heard by the director 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 department 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 director, on his or her own motion
or upon recommendation of the board of land surveyors, may in his or her
its discretion suspend,
refuse to renew, or revoke, or take other permitted action with respect to the
certificate of
registration, or certificate of authorization or
publicly censure the registrant, or take any other
action and/or order any other penalty permitted by
this section.
(4) The director board
of land surveyors may, at his or her 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.
(5) The board may
participate in hearings before the director through representation by
the department’s legal staff acting as the prosecuting
agent before the director.
(d) Legal counsel. The
board of land surveyors may employ other counsel and necessary
assistance to aid in the enforcement of this chapter, and
their compensation and expenses shall be
paid from the funds of the budgeted for and under the
control of the board. The
department shall
make its legal staff available to act as legal advisor
to the board and to render any legal assistance
that is necessary in carrying out the provisions of
this chapter. The director may employ other
counsel and necessary assistance to aid in the
enforcement of this chapter, and their compensation
and expenses shall be paid from the funds of the
department.
(e) Nothing in this
chapter shall prevent the department and/or board of land surveyors
from charging one or both parties a fee for the direct
costs associated with hearings and
transcripts in accordance with the department’s
rules of procedure for administrative hearings.
(f) Nothing in this
chapter shall prevent the board from entering into consent agreements
or informal resolutions with any party under
investigation for violations under this chapter and/or
chapter 5-84.
5-8.1-16. Board of
registration for professional land surveyors-Appeals.-- Any person
aggrieved by any decision or ruling of the department
board of land surveyors may appeal that
decision in accordance with the provisions of chapter
35 of title 42. For the purposes of this
section, the board of land surveyors is considered a
person.
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 department and/or 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 four thousand
dollars ($4,000) for the first offense and a fine of
not less than four thousand dollars ($4,000) nor
more than ten thousand dollars ($10,000) for each
subsequent offense, or imprisonment for not
more than one year, or both; in the court's discretion
and upon good cause shown reimburse the
department and/or board for any and all fees, expenses, and costs incurred by the department
and/or board
in connection with the proceedings, including attorneys' fees, which amounts
shall
be deposited as general revenues; and be subject to,
in the board's discretion, public censure or
reprimand.
(e) The Either
on his or her own initiative or on the recommendation of the board, the
director has
the power to institute injunction proceedings in superior court to prevent
violations of
subsection (a) or (c) of this section or violations
of § 5-8.1-1. In injunction proceedings, the
director 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 department board, may order
that any person or entity in violation of this section
shall:
(1) Upon good cause
shown reimburse the department board for any and all fees,
expenses, and costs incurred by the department
and/or board in connection with the proceedings,
including attorneys fees, which amounts shall be
deposited as general revenues; and/or
(2) Be subject to public
censure or reprimand.
SECTION
4. Sections 5-51-1, 5-51-2, 5-51-5, 5-51-7, 5-51-9, 5-51-16, 5-51-17, and 5-
51-17.1 of the General Laws
in Chapter 5-51 entitled "Rhode Island State Board of Examiners of
Landscape Architects"
is hereby amended and/or added to read as follows:
5-51-1.
Definitions. -- As used in this chapter, the following definitions of
words and
terms apply:
(1) "Board"
means the
(2) "Decorative
planting plans" means and refers to planning and designing intended
exclusively for the decoration of residential structures
or settings which contain no greater than
two (2) "dwelling units" as the term is
defined in subdivision 45-24-31(24) and which involves
the use and arrangement of trees, shrubs, plants,
ground-cover, and/or flowers for aesthetic and
decorative purposes only, but specifically does not
include the following:
(i)
Plans or designs which create the layout of grading, vehicular paving,
drainage, storm
water management, irrigation, erosion control,
retaining walls, decks, gazebos, pools, or any
similar structures;
(ii) Plans or designs
intended or used at any time or in any manner for or in furtherance of
the purpose of obtaining federal, state, or local
building, construction, or related permits or like
authorizations; and/or
(iii) Plans or designs
relating to federal, state, or local public works or public projects, or
otherwise relating to property which is not privately
owned.
(3) "Landscape
architect" means a person who engages or offers to engage in the practice
of landscape architecture.
(4) "Landscape
architecture" means planning and designing the use, allocation, and
arrangement of land and water resources, through the
creative application of biological, physical,
mathematical, and social processes. Insofar as these
services involve safeguarding life, health or
property, and include any other professional services
that may be necessary to the planning,
progress, and completion of any landscape
architectural services, these services may include, but
not be limited to, the following:
(A) Consultation,
research, analysis and assessment, selection, and allocation of land and
water resources;
(B) Formulation of
graphic and written criteria to govern the planning and design of land
construction development programs including:
(I) The preparation,
review and analysis of master and site plans;
(II) Reconnaissance,
planning, design, preparation of drawings, construction documents
and specifications, and responsible construction
observation;
(C) Design coordination
and review of technical plans and construction documents
prepared by other professionals working under the
direction of the landscape architect;
(D) Land preservation,
restoration, conservation, reclamation, rehabilitation, management
and development;
(E) Feasibility studies
and site selection for developments;
(F) Integration, site
analysis and determination of settings for grounds and locations of
buildings, structures, transportation systems, and environmental
systems;
(G) Analysis and design
of grading and drainage, storm water management, irrigation
systems for erosion and sediment controls, planting
plans, lighting, and ground cover; and
(H) Feasibility studies,
cost estimates and reports for development.
(ii) "Landscape
architecture" does not mean nor extend to the preparation of
"decorative
planting plans" as defined in subdivision (2) of
this section.
(5) “Department”
means the department of business regulation.
(6) “Director” means
the Director of the Department of Business Regulation or his or her
designee.
5-51-2.
Board--Creation--Composition--Appointment, terms, and qualifications of
members-Duties-Compensation.-- (a)(1)
There is established a state board of landscape
architects which consists of seven (7) members.
(2) On May 19, 1975, the
governor shall appoint one member to serve until the first day
of February, 1976, or until his or her successor is
appointed and qualified; one member to serve
until the first day of February, 1977, or until his or
her successor is appointed and qualified; one
member to serve until the first day of February, 1978,
or until his or her successor is appointed
and qualified; one member to serve until the first day
of February, 1979, or until his or her
successor is appointed and qualified; and one member
to serve until February, 1980, or until his
or her successor is appointed and qualified.
(3) Upon completion of
the original term the terms of members identified in subdivision
(2) of this subsection shall be for five (5) years.
(4) One member of the
board shall be from the general public. This member shall serve
for terms of five (5) years.
(5) Four (4) members of
the board shall be landscape architects whose residences and
principal places of business shall be within this
state, who have been actively engaged in the
practice of landscape architecture within this state.
The original appointees to the board do not
need to be registered but engaged in the practice of
landscape architecture for a minimum of four
(4) years.
(6) The governor may
remove any member from office for misconduct, incapacity or
neglect of duty.
(b) During the month of
July of each year, the board shall elect from its members a
chairperson and a vice chairperson.
(c) The secretary of
the board shall keep a true and complete record of all its
proceedings
of the board and shall aid in the enforcement of this
chapter.
(d) The Subject
to the approval of the director, the board may make all necessary
regulations and bylaws not inconsistent with this
chapter.
(e) In carrying into
effect the provisions of this chapter, the director board may
subpoena
witnesses and compel their attendance and may require
the production of books, papers, and
documents in any proceeding involving the revocation
of registration, or practicing or offering to
practice without registration.
(1) Any member of the
board The director may administer oaths or affirmations to
witnesses appearing before the director board.
(2) If any person fails
to appear in response to that process, or if, having appeared in
obedience to the process, he or she refuses to answer
any pertinent questions put to him or her by
any member of the board or department its
counsel, he or she, upon presentation of those facts to
the superior court, shall be subject to any fines and
penalties that might be imposed by this court
if that failure or refusal occurred in any civil
action pending in that court.
(f) The Subject
to the director’s approval, the board may establish a procedure for
complaints concerning any licensed or certified
landscape architects.
(g) The Subject
to the director’s approval, the board shall establish procedures and
programs in conjunction with the department of
environmental management and may annually
publish a report of its activities, operations, and
recommendations.
(h) Members of the board
shall not be compensated for meetings attended.
(i)
The state shall indemnify the department and/or board and the members,
employees,
or agents thereof, and hold them harmless from, any
and all costs, damages, and reasonable
attorneys' fees arising from or related in any way to
claims or actions or other legal proceedings
taken against them for any actions taken in good faith
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 power.
5-51-5. Procedure
for processing applications for license. -- (a) All applicants shall be
considered individually by the board, with the
assistance of the department, and passed or
rejected on a roll call vote. The action taken by the
board on each application shall be recorded in
the minutes and an outline of the action taken by the
board shall be placed with the application.
(b) Personal appearance
before the board, if required, shall be at the time and place
designated by the board.
(c) Failure to supply
additional evidence or information within sixty (60) days from the
date of a written request from the board, or to appear
before the board when an appearance shall
be deemed necessary by the board, may be considered
just and sufficient cause for disapproval of
the application.
(d) Any party
aggrieved by the board’s decision regarding license issuance may, within
ten (10) days of the decision, appeal the matter to
the director by submitting a written request for
a formal hearing to be conducted in accordance with
the provisions of section 5-51-17.1.
5-51-7.
Reciprocity.--Waiver of requirements for examination
(a) The board may waive
the requirements for examination of a competent landscape
architect holding a license in another state,
territory, or possession of the
foreign country, provided that state, territory,
possession, or country grants equal rights and has at
least equal standards, and provided that the applicant's
license shall be based on comparable
written examinations and that his or her
qualifications meet all of the requirements of this chapter
based on verified evidence satisfactory to the board.
(b) The Subject
to the director’s approval, the board shall establish standards for the
determination and implementation of reciprocity with
other states.
5-51-9. Annual
renewal of licenses and certificates of authorization.-- (a)(1) Every
license shall be valid for a period of two (2) years and
shall expire on the last day of June of each
odd numbered year following its issuance. Every
certificate of authorization shall be valid for a
period of two (2) years and shall expire on the last
day of June of each even numbered year
following its issuance. A license or certificate of
authorization may be renewed by paying the
renewal fee required by § 5-51-14. A landscape
architect who fails to renew his or her license
prior to each June 30, may not thereafter renew his or
her license except upon payment of the
renewal fee and the additional fee(s) required
by § 5-51-14. A landscape architectural firm, which
fails to renew its certificate of authorization prior
to each June 30, may not thereafter renew its
certificate of authorization except upon payment of
the renewal fee and the additional fee(s)
required in § 5-51-14. The certificates of
authorization shall be issued by the board, with the
assistance of the department, indicating the sole proprietorship, partnership,
limited liability
partnership, corporation, or limited liability company
named in it is permitted to practice
landscape architecture in this state. A license or
certificate of authorization shall not be renewed
until the renewal fee is received by the board.
(2) Licenses and
certificates of authorization not renewed by the payment of the renewal
fee prior to each June 30, shall be construed to be
expired, and shall require an application for
reinstatement.
(b) The Subject
to the approval of the director, the board may determine and establish
rules and regulations for continuing education
requirements and other recertification procedures
as the board deems necessary.
(c) The board may
require all applicants for renewal to provide the board with any
information, including but not limited to, a brief
outline setting forth the professional activities of
any applicant during a period in which a license or
certificate of authorization has lapsed and
other evidence of the continued competence and good
character of the applicant, that the board
deems necessary.
(d) Any party
aggrieved by the board’s decision regarding license renewal may, within
ten (10) days of the decision, appeal the matter to
the director by submitting a written request for
a formal hearing to be conducted in accordance with
the provisions of section 5-51-17.1.
5-51-16. Penalty
for violations-Injunctive relief.-- (a) No individual shall: (1)
practice
or offer to practice landscape architecture in this
state; or (2) use any title, sign, card, or device
implying that the individual is a landscape architect
or is competent to practice landscape
architecture in this state; or (3) use in connection
with his or her name or otherwise any title or
description conveying or tending to convey the
impression that the individual is a landscape
architect or is competent to practice landscape
architecture in this state; or (4) use or display any
words, letters, seals, or advertisements indicating
that the individual is a landscape architect or is
competent to practice landscape architecture in this
state, unless that individual holds a current
valid license issued pursuant to this chapter or is
specifically exempted from holding a license
under the provisions of this chapter.
(b) No sole
proprietorship, partnership, limited liability partnership, corporation or
limited liability company shall: (1) practice or offer
to practice landscape architecture in this
state; (2) use any title, sign, card, or device
implying that the sole proprietorship, partnership,
limited liability partnership, corporation or limited
liability company is competent to practice
landscape architecture in this state; (3) use in
connection with its name or otherwise any title or
description conveying or tending to convey the
impression that the entity is a landscape
architectural firm or is competent to practice
landscape architecture in this state; or (4) use or
display any words, letters, figures, seals, or advertisements
indicating that the entity is a
landscape architectural firm or is competent to
practice landscape architecture in this state, unless
that sole proprietorship, partnership, limited
liability partnership, corporation or limited liability
company complies with the requirements of this
chapter.
(c) Any individual, sole
proprietorship, partnership, limited liability partnership,
corporation or limited liability company which: (1)
violates subsection (a) or (b) of this section;
(2) presents or attempts to use the
license/certificate of authorization of another; (3) gives any
false or forged evidence of any kind to the department
and/or board or to any member or
employee
thereof in obtaining or attempting to obtain a license/certificate of
authorization; (4)
falsely impersonates any other registration whether of
a like or different name; (5) uses or
attempts to use an expired, revoked, or nonexistent
license/certificate of authorization; (6) falsely
claims to be registered under this chapter; or (7)
otherwise violates any provision of this chapter,
shall upon determination thereof by a court of
competent jurisdiction, be subject to a civil penalty
of one thousand dollars ($1,000) for the first
offense, and a civil penalty of two thousand dollars
($2,000) for each subsequent offense; and in the
court's discretion and upon good cause shown,
reimburse the department board for any
and all fees, expenses, and costs incurred by the
department and/or board in connection with the proceedings, including attorneys fees
(which
amounts shall be deposited as general revenues); and
be subject to, in the board's discretion,
public censure or reprimand.
(d) The board Either
on his or her own initiative or on the recommendation of the board,
the director
shall have the power to institute injunction proceedings in superior court to
prevent
violations of subsection (a) or (b) of this section
and/or for violations of § 5-51-3. In injunction
proceedings, the director 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
department,
may order that any person or entity in violation of this section shall: (i) upon good
cause shown, reimburse the department board
for any and all fees, expenses, and costs incurred
by the department and/or board in connection
with the proceedings, including attorneys fees
(which amounts shall be deposited as general
revenues); and/or (ii) be subject to public censure or
reprimand.
5-51-17.
Revocation or suspension of licenses or certificates of authorization.--
After
notice and a hearing as provided in § 5-51-17.1,
the director board may in his or her its discretion
or upon recommendation of the board: suspend, revoke, or take other permitted action
with
respect to refuse
to renew any license; and/or revoke, or suspend or take
other permitted action
with respect to
refuse to renew any certificate of authorization; and/or publicly
censure, or
reprimand or censure in writing; and/or limit the
scope of practice of; and/or impose an
administrative fine upon (not to exceed one thousand
dollars ($1,000) for each violation); and/or
place on probation; and/or for good cause shown, order
a reimbursement of the board department
for all fees, expenses, costs, and attorneys fees in
connection with the proceedings (which
amounts shall be deposited as general revenues), all
with or without terms, conditions or
limitations, holders of a license or certificate of
authorization, (hereafter referred to as
licensee(s)), for any one or more of the following causes:
(1) Bribery, fraud,
deceit, or misrepresentation in obtaining a license or certificate of
authorization;
(2) Practicing landscape
architecture in another state or country or jurisdiction in
violation of the laws of that state or country or
jurisdiction;
(3) Practicing landscape
architecture in this state in violation of the standards of
professional conduct established by the board and
approved by the director;
(4) Fraud, deceit, recklessness,
gross negligence, misconduct, or incompetence in the
practice of landscape architecture;
(5) Use of a landscape
architect's stamp in violation of § 5-51-11;
(6) Violation of any of
the provisions of this chapter or chapter 5-84;
(7) Suspension or
revocation of the right to practice landscape architecture before any
state or before any other country or jurisdiction;
(8) Conviction of or
pleading guilty or nolo contendere
to any felony or to any crime of,
or an act constituting a crime of, forgery,
embezzlement, obtaining money under false pretenses,
bribery, larceny, extortion, conspiracy to defraud, or
any other similar offense or offenses
involving moral turpitude, in a court of competent
jurisdiction of this state or any other state or of
the federal government;
(9) Failure to furnish
to the department and/or board or any person acting on behalf of the
board in a reasonable time the information that may be
legally requested by the department and/or
board;
(10) In conjunction with
any violation of subdivisions (1) through (9) of this section, any
conduct reflecting adversely upon the licensee's
fitness to engage in the practice of landscape
architecture; and
(11) In conjunction with
any violation of subdivisions (1) through (9) of this section, any
other conduct discreditable to the landscape
architectural profession.
5-51-17.1.
Initiation of proceedings – Hearings before the board – Appeals – Notice
to other states. -- (a) The director
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 his or her its own motion, upon
recommendation of the board, 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 or jurisdiction
of its decision to:
(1) Revoke, suspend, or
refuse to renew the practice privileges granted in that state or in
that country or jurisdiction to the licensee; or
(2) Publicly censure, or
censure in writing, limit the scope of practice of, impose an
administrative fine upon, or place on probation the licensee.
(b) A written notice
stating the nature of the charge or charges against the licensee and
the time and place of the hearing before the department
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 director board
may proceed to hear evidence against the licensee and
may enter any order that is justified by the
evidence. An order shall be final unless the licensee
petitions for a review of the order as
provided in this section. Within thirty (30) days from
the date of any order, upon a showing of
good cause for failing to appear and defend, the director
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
department, or by the sole proprietor. A
partnership or limited liability partnership may be
represented before the board or department by
counsel or any partner. A corporation may be
represented by counsel before the board or
department,
or any shareholder, officer or director of the corporation. A limited liability
company
may be represented before the board or department
by counsel or any member or manager of the
limited liability company. The licensee shall be
entitled, upon written application to the
department board,
to the issuance of subpoenas to compel the attendance of witnesses on the
licensee's behalf.
(e) The director 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 director board may petition the superior
court to require the attendance and testimony of
witnesses and the production of documentary
evidence.
(f) The director board
shall not be bound by strict rules of procedure or by laws of
evidence in the conduct of its proceedings, but any
determination of the board shall be based
upon sufficient legal evidence to sustain the
determination.
(g) A stenographic
record Recordings of all hearings under this section shall be in
accordance with the rules and regulations established
by the department’s rules of procedure for
administrative hearings kept and a transcript of the record filed with the
board.
(h) The decision of
the board shall be made by vote in accordance with this chapter and
with the rules and regulations established by the
board. The board may participate
in formal
proceedings before the director through representation
by the department’s legal staff acting as
the prosecuting agent before the director.
(i)
Any appeal from the decision of the department board, by a person
or persons
adversely affected by the decision, shall be governed
by § 42-35-15.
(j) On the
director rendering a decision to: (1) revoke or suspend 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 or jurisdiction. If the board determines
that the licensee in fact holds a license or
certificate of authorization, the board shall immediately
notify the board of landscape architecture of the
other state or country or jurisdiction by mail of
it’s the
director’s decision under this section, and shall include in the notice an
indication as to
whether or not the licensee has appealed the decision.
(k) The director board
may, in its his or her discretion, order any licensee against
whom
proceedings have been initiated under this chapter to,
upon good cause shown, reimburse the
department and/or board for any and all fees, expenses, and costs incurred by the department
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 §
42-35-15, and shall be deposited as general revenues.
(l) The department
attorney general or his or her deputy shall make its legal staff
available to
act as legal advisor to the board and shall render any legal assistance that
may be
necessary in carrying out the provisions of this
chapter. The director 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 department board.
(m) Nothing herein
shall be construed to prevent the board from entering into consent
agreements or informal resolutions with any party
under investigation for violations under this
chapter and/or chapter 5-84.
SECTION
5. Sections 5-84-5 of the General Laws in Chapter 5-84 entitled "Division
of
Design Professionals"
is hereby amended to read as follows:
5-84-5. Imposition
of fines for unregistered activity.-- (a) In addition to any other
provision of law, if a person or business practices or
offers to practice architecture, engineering,
land surveying, or landscape architecture in the state
without being registered or authorized to
practice as required by law, the boards within the
division may recommend that the director of the
department of business regulations issue an order
imposing a fine; provided, however, that this
section shall not apply to issues between the boards
referred to in subsection (a) of this section as
to the scope of a board registrant's authority to
engage in work relating to another board's
jurisdiction or to issues relating to ISDS designers
licensed by the department of environmental
management.
(b) A
fine ordered under this section may not exceed two thousand five hundred
dollars
($2,500) for each offense. In recommending a fine, the
board shall set the amount of the penalty
imposed under this section after taking into account
factors, including the seriousness of the
violation, the economic benefit resulting from the
violation, the history of violations, and other
matters the board considers appropriate.
(c)
Before recommending that a fine be order under this section, the board shall
provide
the person or business written notice and the
opportunity to request, with thirty (30) days of
issuance of notice by the board, a hearing on the
record.
(d) A
person or business aggrieved by the ordering of a fine under this section may
file
an appeal with the superior court for judicial review
of the ordering of a fine.
(e) If
a person of business fails to pay the fine within thirty (30) days after entry
of an
order under (a) of this section, or if the order is
stayed pending an appeal, within ten (10) days
after the court enters a final judgment in favor of
the board department of an order appealed under
(d) of this section, the board shall notify the
attorney general. The attorney general director may
commence a civil action to recover the amount of the
fine.
SECTION
6. Chapter 5-84 of the General Laws entitled "Division of Design
Professionals" is
hereby amended by adding thereto the following sections:
5-84-1.1.
Definitions. – As used in this chapter:
(1)
"Department" means the department of business regulation;
(2)
"Director" means the director, or his or her designee, of the
department of business
regulation.
5-84-6. Cease and
Desist Authority. -- If the director has reason to believe that any
person, firm, corporation, or association is
conducting any activity under the jurisdiction of
division of design professionals including
professional engineering, professional land surveying,
architecture, and/or landscape architecture without
obtaining a license or registration, or who after
the denial, suspension, or revocation of a license or
registration is conducting that business, the
director may, either on his or her own initiative or
upon recommendation of the appropriate
board, issue an order to that person, firm,
corporation, or association commanding them to appear
before the department at a hearing to be held not
sooner than ten (10) days nor later than twenty
(20) days after issuance of that order to show cause
why the director should not issue an order to
that person to cease and desist from the violation of the
provisions of this chapter and/or chapters
1, 8, 8.1 and/or 51 of title 5. That order to show
cause may be served on any person, firm,
corporation, or association named by any person in the
same manner that a summons in a civil
action may be served, or by mailing a copy of the
order, certified mail, return receipt requested, to
that person at any address at which that person has
done business or at which that person lives. If
during that hearing the director is satisfied that the
person is in fact violating any provision of this
chapter, the director may order that person, in
writing, to cease and desist from that violation
and/or impose an appropriate fine under section 5-84-5
or other applicable law and/or refer the
matter to the attorney general for appropriate action
under chapters 1, 8, 8.1 and/or 51 of title 5.
All these hearings are governed in accordance with the
administrative procedures act. If that
person fails to comply with an order of the department
after being afforded a hearing, the superior
court for
enjoin that person from violating chapters 1, 8, 8.1,
51 and/or 84 of title 5.
SECTION
7. This act shall take effect upon passage.
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LC01416/SUB A/2
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