§ 34-11-11 — Disciplinary Action

(a) The board may reprimand, censure, suspend, revoke, place on probation, recover costs, or fine any licensee or certified engineer intern or land surveyor intern or firm holding a certificate of authorization or refuse to issue, renew, or reinstate the certificate of any licensee or certified engineer intern or land surveyor intern or the certificate of authorization of a firm found guilty of any of the following:
(1) The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, intern certification, or certificate of authorization.
(2) Any gross negligence, incompetency, violation of the rules of professional conduct prescribed by the board, or misconduct in the practice of engineering or land surveying as a professional engineer, engineer intern, professional land surveyor, or land surveyor intern.
(3) Falsely representing himself or herself as being in responsible charge of engineering work or land surveying.
(4) Permitting his or her seal, or facsimile thereof, to be used by another.
(5) Voluntarily surrendering a professional engineer’s license, a professional land surveyor’s license, an engineer intern’s certification, a land surveyor intern’s certification, a firm’s engineering certificate of authorization, or a firm’s land surveying certificate of authorization in order to avoid disciplinary action by another jurisdiction, foreign country, or the United States government if at least one of the grounds for the disciplinary action is the same or substantially equivalent to those contained in this chapter.
(6) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony, whether or not related to the practice of engineering or land surveying; or conviction of or entry of a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.
(7) Failure to comply with any provision of this chapter or board rule.
(8) Failure to respond to a board inquiry within 60 days of receipt of the inquiry.
(9) Knowingly making false statements or signing false statements, certifications, or affidavits in connection with the practice of engineering or land surveying.
(10) Aiding or assisting another person in violating any provision of this chapter or board rule.
(11) Violating any term of any order imposed or agreed to by the board or using a seal or practicing engineering or land surveying while the licensee’s license or the firm’s certificate of authorization is inactive or restricted.
(12) Signing, affixing, or permitting the licensee’s seal or signature to be affixed to any specification, report, drawing, plan, plat, design information, construction document or calculation, survey, or revision that has not been prepared by the licensee or under the licensee’s responsible charge.
(13) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
(14) Providing false testimony or information to the board.
(15) Providing engineering or land surveying services outside any of the licensee’s areas of competence.
(16) Practicing engineering or land surveying in a branch office not under the day-to-day supervision of a licensed professional engineer or professional land surveyor, respectively.
(b) The board may impose any disciplinary penalty set forth in this section against a firm holding a certificate of authorization, when any one or more of the agents, employees, officers, partners, or owners of the firm, licensed or nonlicensed, have committed any act, or have been guilty of any conduct, which could authorize the imposition of any of the disciplinary penalties set forth in this section. The acts or conduct by the persons must have been related to the practice of or offer to practice of engineering or land surveying by the firm and the acts or conduct must have been performed or occurred within the scope of the employment of any such person and with the authorization, ratification, or approval of an officer, director, principal, partner, or owner of the firm.
(c) The board shall revoke the certificate of any licensee or certified intern who has been determined to be one of the following:
(1) Declared non compos mentis by a court of competent jurisdiction.
(2) Convicted of or entered a plea of guilty or nolo contendere to any crime under the laws of the United States or any state or territory thereof, which is a felony, whether related to practice or not and convicted of or entered a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.
(d) Each day of a continued violation shall constitute a separate offense.
(e) An individual whose license has expired for nonpayment of renewal fees shall continue to be subject to this chapter and board rules governing licenses until the license is revoked by action of the board or the license is not eligible for reinstatement under the rules of the board. A licensee who practices or offers to practice in the state with an expired, inactive, or retired license shall be subject to disciplinary action by the board. Any firm whose certificate of authorization has expired for nonpayment of renewal fees shall continue to be subject to this chapter and board rules until the certificate of authorization is revoked by action of the board or the certificate of authorization is not eligible for reinstatement under the rules of the board. A firm who practices or offers to practice in the state with an expired certificate of authorization shall be subject to disciplinary action by the board.

Legislative History

(Acts 1961, Ex. Sess., No. 79, p. 1976, §20; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1984, 2nd Ex. Sess., No. 85-45, p. 68, §1; Acts 1987, No 87-414, p. 607, §3; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §3.)