§ 12-120-205 — Unlawful practice - penalties - enforcement

Colorado § 12-120-205

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Engineers, Surveyors, and Architects

Text

(1) It is unlawful
for any individual to hold oneself out to the public as a professional engineer unless
the individual has complied with this part 2.

(2) It is unlawful for any individual, partnership, professional association,
joint stock company, limited liability company, or corporation to practice, or offer to
practice, engineering in this state unless the individual in responsible charge has
complied with the provisions of this part 2.

(3) Unless licensed or exempted pursuant to this part 2, it is unlawful for any
individual, partnership, professional association, joint stock company, limited
liability company, or corporation to use any of the following titles: Civil engineer,
structural engineer, chemical engineer, petroleum engineer, mining engineer,
mechanical engineer, or electrical engineer. In addition, unless licensed pursuant to
this part 2, it is unlawful for any individual, partnership, professional association,
joint stock company, limited liability company, or corporation to use the words
engineer, engineered, or engineering in any offer to the public to perform the
services set forth in section 12-120-202 (6). Nothing in this subsection (3) shall
prohibit the general use of the words engineer, engineered, and engineering
so long as such words are not being used in an offer to the public to perform the
services set forth in section 12-120-202 (6).

(4) It is unlawful for any individual to use in any manner a certificate or
certificate number that has not been issued to the individual by the board.

(5) The practice of professional engineering in violation of any of the
provisions of this part 2 shall be either:

(a) Restrained by injunction in an action brought by the attorney general or
by the district attorney in accordance with section 12-20-406; or

(b) Ceased by order of the board pursuant to section 12-20-405.

(6) Any person who practices or offers or attempts to practice professional
engineering without an active license issued under this part 2 is subject to penalties
pursuant to section 12-20-407 (1)(a).

(7) After finding that an individual, partnership, professional association,
joint stock company, limited liability company, or corporation has unlawfully
engaged in the practice of engineering, the board may jointly and severally assess a
fine against the unlawfully engaged party in an amount not less than fifty dollars
and not more than five thousand dollars for each violation proven by the board.

(8) An individual practicing professional engineering who is not licensed or
exempt shall not collect compensation of any kind for the practice, and, if
compensation has been paid, the compensation shall be refunded in full.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 878, � 1, effective October 1. L. 2024: (1) amended, (HB 24-1329), ch. 342, p. 2316, � 16, effective August 7.