§ 12-120-305 — Unlawful practice - penalties - enforcement

Colorado § 12-120-305

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

Text

(1) It is unlawful
for any individual to practice or offer to practice professional land surveying in
Colorado without being licensed in accordance with the provisions of this part 3, or
for any individual or entity to use or employ the words land surveyor, land
surveying, or professional land surveyor or words of similar meaning or any
modification or derivative except as authorized in this part 3.

(2) It is unlawful for any individual, partnership, professional association,
joint stock company, limited liability company, or corporation to practice, or offer to
practice, land surveying in this state unless the individual in responsible charge has
complied with the provisions of this part 3.

(3) The practice of professional land surveying in violation of any of the
provisions of this part 3 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.

(4) Any person who practices or offers or attempts to practice professional
land surveying without an active license issued under this part 3 is subject to
penalties pursuant to section 12-20-407 (1)(a).

(5) It is the duty of all duly constituted officers of the law of Colorado, or any
political subdivision thereof, to enforce the provisions of this part 3 and to
prosecute any person violating this part 3.

(6) The attorney general or the attorney general's assistant shall act as legal
advisor to the board and render timely legal assistance as may be necessary in
carrying out the provisions of this part 3. With the concurrence of the attorney
general, the board may employ counsel and assistance necessary to aid in the
enforcement of this part 3, and the compensation and expenses therefor shall be
paid from the funds of the board.

(7) Any individual practicing professional land surveying, as defined in this
part 3, 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.

(8) After finding that an individual has unlawfully engaged in the practice of
professional land surveying, the board may assess a fine against the unlawfully
engaged individual in an amount not less than fifty dollars and not more than five
thousand dollars for each violation proven by the board.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 893, � 1, effective October 1.