Businesses and Professions



§ 5-1-5. Board – Rules and regulations – Examination and registration powers.

(a) Subject to the approval of the director, 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 board may establish suitable rules and regulations for the examination and registration of architects, 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 board shall issue and renew certificates to individuals who have qualified to practice architecture under the provisions of this chapter. 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 § 5-1-13.1.

(e) 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) Recommend that the director hold formal hearings in accordance with the provisions of § 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 § 5-1-13, against any licensee or any applicant for a certificate of registration or certificate of authorization;

(3) Appoint one or more members of the board 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) Examine witnesses in connection with any investigation conducted under the authority of this chapter.

(5) Enter into consent agreements or informal resolutions with any party under investigation for violations under this chapter and/or chapter 5-84 of this title.

(6) Participate in formal proceedings through representation by the department's legal staff acting as the prosecuting agent before the director.

(f) 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.

History of Section.
(P.L. 1977, ch. 232, § 2; P.L. 1997, ch. 30, art. 25, § 2; P.L. 2005, ch. 406, § 1; P.L. 2013, ch. 298, § 1; P.L. 2013, ch. 378, § 1.)