§ 5-1-7. Practice prohibited — Criminal penalties — Injunctions.
(a) No individual shall:
(1) Practice or offer to practice architecture in this state;
(2) Use any title, sign, card, or device implying that the individual is an architect
or is competent to practice architecture in this state;
(3) Use in connection with his or her name, or otherwise, any title or description conveying
or tending to convey the impression that the individual is an architect or is competent
to practice architecture in this state; or
(4) Use or display any words, letters, figures, seals, or advertisements indicating or
implying that the individual is an architect or is competent to practice architecture
in this state, unless that individual holds a currently valid certificate of registration/authorization
issued pursuant to this chapter or is specifically exempted from holding a certificate
under the provisions of this chapter.
(b) No sole proprietorship, partnership, limited-liability partnership, corporation, or
limited-liability company shall:
(1) Practice or offer to practice architecture in this state;
(2) Use any title, sign, card, or device implying that the sole proprietorship, partnership,
limited-liability partnership, corporation, or limited-liability company is competent
to practice architecture in this state;
(3) Use in connection with its name, or otherwise, any title or description conveying
or tending to convey the impression that the entity is an architectural firm or is
competent to practice architecture in this state; or
(4) Use or display any words, letters, figures, seals, or advertisements indicating that
the entity is an architectural firm or is competent to practice architecture in this
state, unless that sole proprietorship, partnership, limited-liability partnership,
corporation, or limited-liability company complies with the requirements of this chapter.
(c) Any individual, sole proprietorship, limited-liability partnership, corporation, or
limited-liability company that: (1) violates subsection (a) or (b) of this section;
(2) presents or attempts to use the certificate of registration/authorization of another;
(3) gives any false or forged evidence of any kind to the department, board, or to
any member of the board in obtaining or attempting to obtain a certificate of registration/authorization;
(4) falsely impersonates any other registrant whether of a like or different name;
(5) uses or attempts to use an expired, revoked, or nonexistent certificate of registration/authorization;
(6) falsely claims to be registered under this chapter; or (7) otherwise violates
any provision of this chapter; is guilty of a misdemeanor, and upon conviction by
a court of competent jurisdiction, shall be sentenced to pay a fine of not more than
one thousand dollars ($1,000) for the first offense and a fine of not less than one
thousand dollars ($1,000) nor more than two thousand dollars ($2,000) for each subsequent
offense, or imprisonment for not more than one year, or both; and in the court's discretion
and upon good cause shown, reimburse the department for any and all fees, expenses,
and costs incurred by the department and/or board in connection with the proceedings,
including attorney's fees (which amounts shall be deposited as general revenues);
and be subject to, in the director's discretion, public censure or reprimand.
(d) Either on his or her own initiative or on the recommendation of the board, the director
has the power to institute injunction proceedings in superior court to prevent violations
of subsection (a) or (b) or violations of § 5-1-12. In injunction proceedings, the director is not required to prove that an adequate
remedy at law does not exist, or that substantial or irreparable damage would result
from continued violations. The superior court, in its discretion and in addition to
any injunctive relief granted to the department, may order that any person or entity
in violation of this section shall:
(1) Upon good cause shown, reimburse the department for any and all fees, expenses, and
costs incurred by the department and/or board in connection with the proceedings,
including attorney's fees (which amounts shall be deposited as general revenues);
and/or
(2) Be subject to public censure or reprimand.