(1)The board may
take disciplinary or other action as authorized by section 12-20-404 against, limit
the scope of practice of, or require additional training of any professional land
surveyor or land surveyor-intern for:
(a)Engaging in fraud, misrepresentation, or deceit in obtaining or attempting
to obtain a license or enrollment;
(b)Failing to meet the generally accepted standards of the practice of land
surveying through act or omission;
(c)A felony that is related to the ability to practice land surveying. A
certified copy of the judgment of a court of competent jurisdiction of the conviction
or plea shall be presumptive evidence of the conviction or plea for the purposes of
any hearing under this part 3. A plea of nolo contendere, or its equivalent, accepted
by the cou
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(1) The board may
take disciplinary or other action as authorized by section 12-20-404 against, limit
the scope of practice of, or require additional training of any professional land
surveyor or land surveyor-intern for:
(a) Engaging in fraud, misrepresentation, or deceit in obtaining or attempting
to obtain a license or enrollment;
(b) Failing to meet the generally accepted standards of the practice of land
surveying through act or omission;
(c) A felony that is related to the ability to practice land surveying. A
certified copy of the judgment of a court of competent jurisdiction of the conviction
or plea shall be presumptive evidence of the conviction or plea for the purposes of
any hearing under this part 3. A plea of nolo contendere, or its equivalent, accepted
by the court shall be considered as a conviction.
(d) Violating, attempting to violate, or aiding or abetting the violation or
attempted violation of:
(I) Any provision of this part 3, an applicable provision of article 20 of this
title 12, or any provision of article 50, 51, 52, or 53 of title 38;
(II) Any rule adopted by the board in conformance with the provisions of part
1 of this article 120 or this part 3; or
(III) Any order of the board issued in conformance with the provisions of this
part 3;
(e) Using false, deceptive, or misleading advertising;
(f) Performing services beyond one's competency, training, or education;
(g) Failing to report to the board any professional land surveyor known to
have violated any provision of this part 3 or any board order or rule;
(h) Habitual or excessive use or abuse of alcohol, controlled substances, or
any habit-forming drug;
(i) Using any schedule I controlled substance, as set forth in section 18-18-203;
(j) Failing to report to the board any malpractice claim against the
professional land surveyor or any partnership, limited liability company,
corporation, or joint stock association of which the professional land surveyor is a
member, which claim is settled or in which judgment is rendered, within sixty days
after the effective date of the settlement or judgment, if the claim concerned
surveying services performed or supervised by the land surveyor;
(k) Failing to pay any fine assessed pursuant to this part 3;
(l) Violating any law or regulation governing the practice of professional land
surveying in another state or jurisdiction. A plea of nolo contendere or its equivalent
accepted by the board of another state or jurisdiction may be considered to be the
same as a finding of guilty for purposes of any hearing under this part 3.
(m) Attempting to use an expired, revoked, suspended, or nonexistent
license; practicing or offering to practice when not qualified; or falsely claiming
that the individual is licensed;
(n) Using in any manner a license, license number, or certificate that has not
been issued to the individual by the board; or
(o) Failing to respond to allegations in a complaint within the length of time
specified in the letter issued by the board in accordance with subsection (2) of this
section.
(2) The board may issue and send a letter of admonition by first-class mail to
a professional land surveyor or land surveyor-intern at the individual's last-known
address under the circumstances specified in and in accordance with section 12-20-404 (4).
(3) In addition to any other penalty that may be imposed pursuant to this
section, the board may fine any professional land surveyor violating any provision of
this article 120 or any rule promulgated pursuant to this article 120 not less than
fifty dollars and not more than five thousand dollars for each violation proven by
the board.
(4) The board may issue a letter of concern in accordance with section 12-20-404 (5) to a professional land surveyor or land surveyor-intern based on any of the
grounds specified in subsection (1) of this section without conducting a hearing as
specified in section 12-120-307 when an instance of potentially unsatisfactory
conduct comes to the board's attention but, in the board's judgment, does not
warrant formal action by the board. Letters of concern shall be confidential and
shall not be disclosed to members of the public or in any court action unless the
board is a party.