§ 5-51-16. Penalty for violations — Injunctive relief.
(a) No individual shall: (1) Practice or offer to practice landscape architecture in this
state; or (2) Use any title, sign, card, or device implying that the individual is
a landscape architect or is competent to practice landscape architecture in this state;
or (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 a landscape architect
or is competent to practice landscape architecture in this state; or (4) Use or display
any words, letters, seals, or advertisements indicating that the individual is a landscape
architect or is competent to practice landscape architecture in this state, unless
that individual holds a current valid license issued pursuant to this chapter or is
specifically exempted from holding a license 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 landscape 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 landscape 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 a landscape architectural firm or is competent to
practice landscape architecture in this state; or (4) Use or display any words, letters,
figures, seals, or advertisements indicating that the entity is a landscape architectural
firm or is competent to practice landscape 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, partnership, limited-liability partnership, corporation,
or limited-liability company that: (1) Violates subsection (a) or (b); (2) Presents
or attempts to use the license/certificate of authorization of another; (3) Gives
any false or forged evidence of any kind to the department and/or board or to any
member or employee thereof in obtaining or attempting to obtain a license/certificate
of authorization; (4) Falsely impersonates any other registration whether of a like
or different name; (5) Uses or attempts to use an expired, revoked, or nonexistent
license/certificate of authorization; (6) Falsely claims to be registered under this
chapter; or (7) Otherwise violates any provision of this chapter, shall upon determination
thereof by a court of competent jurisdiction, be subject to a civil penalty of one
thousand dollars ($1,000) for the first offense, and a civil penalty of two thousand
dollars ($2,000) for each subsequent offense; 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 board's discretion, public censure or reprimand.
(d) Either on his or her own initiative or on the recommendation of the board, the director
shall have the power to institute injunction proceedings in superior court to prevent
violations of subsection (a) or (b) of this section and/or for violations of § 5-51-3. In injunction proceedings, the director shall not be 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: (i) 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 (ii) Be subject to public censure or reprimand.