§ 17-30-305 — Administrative violations and penalties

(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional engineer who is: (1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of engineering; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol; or (2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of engineering. (b) In addition to any other penalty provided in this section, a person who violates this chapter or a rule of the board shall pay to the board a civil penalty in an amount determined by the board of not more than five thousand dollars ($5,000) for each offense. (c) (1) The board shall adopt rules of professional conduct under § 17-30-203 that shall be published in writing to an applicant for licensure under this chapter and published in the roster. (2) The publication shall constitute due notice to the licensees. (3) The board may amend the rules of professional conduct from time to time and shall notify each licensee in writing of the amendments. (d) The board may: (1) Revoke a certificate of authorization; (2) Suspend a certificate of authorization for no more than two (2) years of a firm if one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of the certificate of licensure of the officer or director under this section; (3) Place a licensee on probation under rules prescribed by the board; or (4) Levy a fine of not more than five thousand dollars ($5,000) for each offense. (e) The board may discipline nonlicensees that violate this chapter by imposing a fine of not more than five thousand dollars ($5,000) for each offense.

Legislative History

Amended by Act 2019, No. 990,§ 35, eff. 7/24/2019. Acts 1953, No. 214, § 4; A.S.A. 1947, § 71-1021; Acts 1993, No. 1041, § 3; 2009, No. 444, § 4; 2011, No. 897, § 6.