§ 34-11-35 — Powers of the Board

(a) The board shall have the power to adopt and amend bylaws and rules not inconsistent with the constitution and laws of this state, as may be reasonably necessary for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations, and conduct. The board shall have the power to adopt and amend from time to time rules of professional conduct for professional engineers, engineer interns, professional land surveyors, land surveyor interns, and corporations, partnerships, or firms holding certificates of authorization. The board shall adopt and have an official seal, which shall be affixed to each certificate issued.
(b) In carrying into effect its duties in any case involving the revocation of licensure or any disciplinary proceeding involving a licensee or the holder of a certificate of authorization or practicing or offering to practice without licensure, or false statement in connection with an application for licensure, the board may, under the hand of its chair and the seal of the board, subpoena witnesses and compel their attendance, and may also require the production of books, papers, documents, and other pertinent data. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person refuses to obey any subpoena issued, or refuses to testify or produce any books, papers, or documents, the board may present its petition to the Circuit Court of Montgomery County, setting forth the facts, and thereupon the Circuit Court of Montgomery County shall, in a proper case, issue its subpoena to such person, requiring his or her attendance before the Circuit Court of Montgomery County and there to testify or to produce such books, papers, and documents, or data. Any person failing or refusing to obey the subpoena or order of the Circuit Court of Montgomery County may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Circuit Court of Montgomery County.
(c) The board is charged with the duty of seeing that this chapter is enforced. The board shall investigate any complaint relating to the violation of this chapter and, should a violation be indicated, the board shall proceed as provided for under this chapter and rules adopted by the board.
(d) The board, in its own name, may 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 person, firm, partnership, or corporation from the commission of any act which is prohibited by this chapter. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial and irreparable damage would result, from the continued violation thereof. Application for the injunction may be made to the Circuit Court of Montgomery County, or the circuit court of the county in which it is alleged that the violation is about to occur, at the request of the board. The injunction may not be granted ex parte, and any judgment or decree may be appealed in the manner prescribed by law to the Supreme Court of Alabama.
(e) The board retains and may exercise all administrative and civil rights and remedies commonly available to agencies in the state. No action or other legal proceedings for damages shall be instituted against the board, 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 any duty or power.
(f) In carrying out the duties, functions, and obligations of this chapter, the board may contract with any state agency or private vendor as the board considers appropriate. The board may also enter contracts to acquire, own, encumber, issue, replace, deal in, and dispose of real and personal property.
(g) The board may appoint committees to assist the board’s efforts in carrying out the responsibilities of this chapter. All individuals appointed by the board to serve on committees are entitled to reimbursement of expenses as approved by the board.
(h) The board may adopt rules enabling the collection of fees in amounts necessary to enable the board to carry out its function under this chapter, provided the fees do not exceed the maximum amounts allowed under this chapter.
(i) The board may use electronic transmissions for all purposes permitted under the Uniform Electronic Transactions Act.
(j) The Attorney General or his or her assistants may act as legal adviser to the board and render legal assistance as may be necessary in carrying out the provisions of this chapter. The board may employ or retain counsel and necessary assistance to aid in the enforcement of this chapter, and the compensation and expenses thereof shall be paid from the funds of the board.
(k) For purposes of enforcement of all provisions of this chapter and board rules, including the assessment and collection of fines, penalties, costs, and attorney fees, the board shall maintain jurisdiction over individuals, irrespective of their licensure status relative to acts, omissions, complaints and investigations that occurred during the licensure period. Jurisdiction of the board shall extend to individuals engaging in the unauthorized practice of engineering or land surveying. It is the intent of this subsection that licensees cannot divest the board of jurisdiction by changing or relinquishing licensure status.
(l) The board may conduct an investigation or inspection of any person or facility at all reasonable hours for the purpose of determining if any provision of the law governing the practices of engineering and land surveying is being violated. The board, its officers, staff, and representatives shall cooperate with all agencies charged with the enforcement of all federal and state laws relating to the practices of engineering and land surveying.
(m) The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of engineering or land surveying for the protection of health, life, safety, welfare, and property or whose activities assist and facilitate the work of the board.
(n) Through outreach efforts, the board may educate, recognize, and promote the mission of the board to the public, potential applicants, licensees, and other public agencies.
(o) The board may recognize accomplishments of those individuals who fall under the jurisdiction of the board.

Legislative History

(Acts 1961, Ex. Sess., No. 79, p. 1976, §8; Acts 1975, No. 1049, p. 2107, §1; Acts 1984, 1st Ex. Sess., No. 84-792, p. 182, §1; Acts 1997, No. 97-683, p. 1332, §1; Act 2018-550, §5.)